11-05-98SOUTH TAHOE PUBLIC UTILITY DISTRICT
"Basic Services for a Complex World"
Robert Baer Genera Manacjer Richard Soibri~, Assistant Mana~ler
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James Jones, President BOARD MEMBERS Christopher H. Strohm, Vice President
Duane Wallace, Director Mary Lou MoSbacher, Director Pembroke Gochnauer, Director
REGULAR MEETING OF THE BOARD OF DIRECTORS
SOUTH TAHOE PUBLIC UTILITY DISTRICT
NOVEMBER 5, 1998
MINUTES
The Board of Directors of the South Tahoe Public Utility District met in a regular session November
5, 1998, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe,
California.
BOARD OF DIRECTORS:
Vice President Strohm, Wallace, Gochnauer, Mosbacher.
President Jones was absent due to District business.
ROLL CALL
STAFF:
Baer, Solbrig, Sharp, McFarlane, Noble, Forsythe,
Attorney Neese.
GUESTS:
Judy Brown/City Council Liaison, Andy Bourelle/Tahoe
Daily Tribune, David Kelly, Charles Nelson.
Staff requested Consent Item No. 6 (Scott Cable
Communications, Inc.) be removed and placed on the
next Regular Board Meeting Agenda.
CORRECTIONS TO THE AGENDA
OR CONSENT CALENDAR
Consent Item No. 5 was brought forward for a
separate vote.
Moved Gochnauer/Second Mosbacher/Jones Absent/
Passed to approve the Consent Calendar, as amended:
CONSENT CALENDAR
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REGULAR BOARD MEETING MINUTES - NOVEMBER 5, 1998 PAGE - 2
1)
Authorized payment of Alpine County Annual Impact/
Mitigation/Compensation fee in the amount of
$106,700;
2)
Diamond Ditch Irrigation System Repair- Approved
Change Order No. 1 for Ford Construction in the
amount of $2,200;
3)
Christmas Valley Tank - Approved Change Order No. 1
for Resource Development Co. Inc., in the amount of
$6,330;
4)
A-Line Replacement Project: Continuation - Approved
Change Order No. 9 for Ford Construction for a total
amount of $11,227.44;
7) Authorized payment of 1999 ACWA agency member-
dues in the amount of $11,500;
8)
Authorized Clerk of the Board to execute three-year
renewal contract with Secured Storage for off-site storage
of microfilmed records;
9) Approved Regular Board Meeting Minutes of
September 17, 1998;
10) Approved Regular Board Meeting Minutes of
October 1, 1998.
CONSENT CALENDAR
(continued)
CONSENT ITEMS BROUGHT FORWARD FOR ACTION / DISCUSSION
Moved GochnauedSecond Mosbacher/Wallace Voted
No/Jones Absent/Passed to approve execution of agree-
merit with Chris Twomey to complete four projects in the
amount of $5,159.
Diane Noble spoke on behalf of property owner, Pradip
Patel, dba Super 8 Motel. She reviewed the history:
Last summer staff required that a backflow assembly
device be installed in Mulligan's Restaurant, located
in the Super 8 Motel. The property owner stated he was
not aware of this requirement and Mulligan's (which is
leased out) did not install the device, as part of their pro-
ject. He assured staff it will be completed as soon as
EMPLOYMENT AGREEMENT FOR
CONTRACT EMPLOYEES
(Consent Item No. 5)
REQUEST TO APPEAR BEFORE
THE BOARD: PRADIP PATEL,
DBA SUPER 8 MOTEL, 3600 LAKE
TAHOE BOULEVARD
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REGULAR BOARD MEETING MINUTES - NOVEMBER 5, 1998 PAGE - 3
possible. Staff recommended extending the deadline
for the work to be done from November 19, 1998, to
December 3, 1998. The Operations Committee reviewed
this item and recommends approval.
Moved Gochnauer/Second Wallace/Jones Absent/Passed
to authorize extending the deadline to complete installation
of the backflow assembly device to December 3, 1998.
REQUEST TO APPEAR BEFORE
THE BOARD: PRADIP PATEL, DBA
SUPER 8 MOTEL, 3600 LAKE
TAHOE BOULEVARD
(continued)
ITEMS FOR BOARD ACTION
The District has planned to construct the final phase of the
A-Line replacement and the second phase of the B-Line in
the summer of 1999. In order to meet this schedule, staff
had planned to begin the bidding in early November. Bid-
ding the project at that time allows for the least expensive
contract. EPA headquarters has not approved the District's
deviation request. To complete the 1998 construction, the
District obtained a $5 million "grant anticipation loan." With-
out approval of the deviation request, the District will not be
able to begin the 1998 construction work. Congressmen
Doolittle, Gibbons, and Ensign, as well as Senators Boxer
and Feinstein, have been assisting the District with the fund-
ing request.
Baer reviewed the history of the deviation request in detail.
Stemming from the 1997 Presidential Summit, $7.15 million
was appropriated by Congress in October 1997 to go to-
wards construction of the pipeline. The District has already
spent about $22 million on the project. The District's de-
viation request asked that project costs spent prior to
October 1, 1997 be used as the required 45% local grant
matching funds. EPA headquarters did not favorably view
the deviation request, and instead is requiring the District to
spend nearly $8 million, as an additional match after October
1, 1997, to receive the $9.65 million grant (the October 1997
appropriation and a $2.5 million new congressional appro-
priation). The EPA offer allows no credit for the $16 million
spent prior to October 1, 1997, and provides some accelera-
tion of federal funds. After weeks of negotiating with EPA,
no resolution has been reached. While negotiations may
continue; due to the financial uncertainty, staff recommend-
ed canceling the 1999 construction phase of the project.
EXPORT PIPELINE REPLACEMENT
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REGULAR BOARD MEETING MINUTES - NOVEMBER 5, 1998 PAGE -4
Moved Wallace/Second Mosbacher/Jones Absent/
Passed to direct staff to cease construction planning
as of this date (November 5, 1998).
Moved Wallace/Second Strohm/Jones Absent/Passed
to approve payment in the amount of $1,881,307.56.
Moved Gochnauer/Second Strohm/Wallace Abstained/
Jones Absent/Passed to approve Regular Board Meeting
Minutes of September 3, 1998. (Director Wallace abstain-
ed, as he was absent from that meeting.)
Moved Wallace/Second Strohm/Mosbacher Abstained/
Jones Absent/Passed to approve Regular Board Meeting
Minutes of October 15, 1998. (Director Mosbacher abstain-
ed, as she was absent from that meeting.)
3:30 P.M.
3:40 P.M.
Water and Wastewater Operations Committee: The
committee met November 3. Minutes from the meeting
are available upon request.
Planning / Ordinance Committee: The committee met
October 30. A draft of the water section of the adminis-
trative code has been completed. The committee will
review it at their next meeting on November 12.
County Water Agency / EDWPA / LAFCO Committee:
The cost-sharing agreement with the County Water
Agency will be on the next regular Board meeting agenda
for approval.
Director Strohm reported on the recent articles about the
contamination of EID's open water reservoirs.
Water Quality Task Force Ad Hoc Committee: The
committee met on October 21.
Director Mosbacher requested that staff provide her with
the amount spent to move the air pressure relief valve
from in front of her neighbor's house on Grass Lake Road.
EXPORT PIPELINE REPLACEMENT
(continued)
PAYMENT OF CLAIMS
REGULAR BOARD MEETING
MINUTES: SEPTEMBER 3, 1998
REGULAR BOARD MEETING
MINUTES: OCTOBER 15, 1998
MEETING BREAK
MEETING RESUMED
BOARD MEMBER STANDING
COMMITTEE REPORTS
BOARD MEMBER AD HOC
COMMITTEE REPORTS
BOARD MEMBER REPORTS
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REGULAR BOARD MEETING MINUTES - NOVEMBER 5, 1998 PAGE - 5
General Manager: Bob Baer reported on four items:
1) $9 million in funding was approved for the Salton Sea
project; 2) ultra Iow-flow toilet legislation died in
committee; 3) EID's request to have the ownership of
Sly Park Reservoir transferred to them died in committee;
4) Senator Feinstein's MTBE legislation also died in
committee.
STAFF REPORTS
Richard Solbrig reported on the status of the emergency
projects:
STATUS OF EMERGENCY PROJECTS
Upper Truckee River Sewer Line and Original A-Line
Crossing Emergency of 8/20/98: Final seeding and wood
chip mulching is underway. A temporary fence will be
installed to keep cattle away. The NRCS paid C.B. Ebright
Construction to coordinate installation of the cattle crossing,
as requested by TRPA and Lahontan. The project is almost
complete.
Arrowhead Replacement Well Emergency of 8~20~98 - The
drill rig has been removed from the project site.
Gardner Mountain Replacement Well Emergency of 9/17/98 -
The USFS has not made a decision on signing the cate-
gorical exemption form needed to allow the drill rig access to
their property. If they decide not to sign, an environmental
process must be met, which would mean the project could
not begin until spring. The drill rigs are available now, and
Haen Construction is ready to go. Specifications for the pro-
ject have been written.
District General Counsel: Kevin Neese reported on: the
the status of the Bijou Pump Station easement agreement;
Cold Creek Restoration Plan, consolidation of the Alpine
County agreements; and his attendance at the Groundwater
Resources of California conference.
STAFF REPORTS
4:05 P.M. (Note: The closed session that was adjourned
from the Special Board Meeting, held earlier on this
date, was continued at this point.)
ADJOURNMENT TO CLOSED
SESSION
5:05 P.M.
RECONVENE TO REGULAR
SESSION
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REGULAR BOARD MEETING MINUTES - NOVEMBER 5, 1998 PAGE - $
ACTION / REPORT ON ITEMS DISCUSSED DURING EXECUTIVE SESSION
The Board directed staff regarding this item.
No Board action.
Legal counsel and staff updated the Board and
received direction regarding this item.
No Board action.
The Board members present voted unanimously to
accept the managers' proposal.
5:10 P.M.
Pursuant to Section 54956.9(a) of
California Government Code/Con-
ferencewith Legal Counsel Existing
Litigation: Schwake v. STPUD,
Federal Case No. CV-N-93-851 -DWH
Pursuant to Section 54956.9(b) of
California Government Code/
Conference with Legal Counsel
Anticipated Litigation (three cases)
Pursuant to Section 54957.6(a) of
California Government Code/
Conference with Labor Negotiators -
Agency Negotiators: Board of
Directors; Employee Organization:
STPUD Management Staff
ADJOURNMENT
James R. Jones, Board President
South Tahoe Public Utility District
ATT E ST:~'"'~~.:'~~
K~thy Sharl~Clerk of the I~oard
South Tahoe Public Utility District
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REGULAR BOARD OF DIRECTORS MEETING
GUEST SIGN-IN SHEET
IN ACCORDANCE WITH THE BROWN ACT:
COMPLETION OF THIS INFORMATION IS VOLUNTARY, NOT MANDATORY,
AND IS NOT A PRECONDITION FOR ATTENDANCE