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11-19-98SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Robert Baer General Manager Richard Solbri~, Assistant Manager .i.i.i.i.i*i.i.i.i. *~.i.i,i ......... .~. ~.~.~, ...... .~*~. ~j~j~:~j~j~j~:~:~:~:~:~:~:~:~:~:`;4*:~:~:~:*~:`x~:~:~:~:~:~:*:~:~:~:*~*:~:~:~:~:~:~:~:~:~:?:~`:~*:?:~:~:~:~*~*:~:~`~:~:~:~:~:~:`:~:~:~`~:~x~°~`~;~:~:~°~`:`~:°:':~:q~:':~:~:`:~:~:~:~:~:~:~:~:~:~;~:~'=~ ~:~4~*~*~:~:~:~x~:~:~:~:~:~:~:~:<~:*:~:~:~:~:~:~:~:~:*~>:~:~:~:~'~:~:~:'~x~:~:~:~:~:~:~t:t:t:t:t~f 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 19, 1998 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session November 19, 1998, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: President Jones, Strohm, Wallace, Gochnauer. (Director Mosbacher arrived at 2:10 p.m.) ROLL CALL STAFF: Baer, Solbrig, Sharp, Taylor, Noble, Brown, Adams, Forsythe, Schrempp, Hrbacek, Schroeder, Reid, Attorney Neese. GUESTS: Judy Brown/City Council Liaison, Andy Bourelle/Tahoe Daily Tribune, Ken Rollston, Joyce Blackstone, Roy Hampson Moved Gochnauer/Second Strohm/Mosbacher Absent/ Passed to approve the Consent Calendar, as submitted: CONSENT CALENDAR 1) Furnace Building Reroofing - Authorized filing a Notice of Completion with the El Dorado County Clerk; 2) Authorized implementation of the two-week disconnection procedures for delinquent sewer and/or water accounts; ST007139 REGULAR BOARD MEETING MINUTES - NOVEMBER 19, 1998 PAGE - 2 3) 4) 5) 6) Authorized implementation of the two-week discon- nection procedures on the property located at 3668 Lake Tahoe Blvd., APN 27-071-091, for failure to perform annual backflow assembly test; Rejected liability claim: Grady; County Water Agency / District Cost Sharing Agree- ment - Authorized execution of the first amendment to the 1996/97 and 1997/98 Agreement to Share Costs; Scott Cable Communications, Inc. - Authorized execution of Assignment of Agreement to Interlink Communications Partners, LLLP. CONSENT CALENDAR (continued) Diane Noble reported this item was reviewed by the Operations Committee. She explained there is no sewer main located in close proximity to the property, located at 1504 Bel Air Circle (because that was the old right-of- way for the freeway since 1968). Easements were granted to the property owner. Lahontan made it a requirement that this property be hooked up to the collection system during the summer. Since no main line available at the property, the owner had to incur $4,240 in costs in order to run the line along the back of his property across the ease- ments to connect to the collection system. Mr. Rollston, on behalf of the property owner, requested a compromise be made: Since the District did not have a line available (but was never charged for the assessment district in the 1960's and 1970's), that the Board consider splitting the cost of the private contractor's work to provide the lengthy lateral needed to connect to the collection system. Staff has held the $6,000 connection fee in a deposit status, to enable Mr. Rollston to bring this appeal before the Board. Ken Rollston was present to answer questions. Moved Gochnauer/Second Wallace/Mosbacher Absent/ Passed to authorize a refund be issued to the property owner of 1504 Bel Air Circle for half of the construction costs incurred to connect to the District's collection system, in the amount of $2,120, and to deposit the remainder of fees into the sewer revenue funds. REQUEST TO APPEAR BEFORE THE BOARD: Kenneth Rollston, esq., on behalf of 1504 Bel Air Circle, APN 33-201-10 ST007140 REGULAR BOARD MEETING MINUTES - NOVEMBER 19, 1998 PAGE - 3 (Director Mosbacher arrived at this point in the meeting.) Henry Murdock, on behalf of George Fernandes/ Sierra Nevada Logging, came before the Board to request forgiveness of a debt. Mr. Fernandes contracted with the District to provide logging and cleanup services. He was unable to finish the job due to bankruptcy proceedings against him. The amount owed to the District totals $7,700. After discuss- ing this item, the Board concluded that sufficient information was not presented to make an informed decision, and directed Attorney Neese to obtain the necessary informa- tion from Mr. Murdock and to bring this item back before the Board at a later date. REQUEST TO APPEAR BEFORE THE BOARD: Henry Murdock, esq., on behalf of George Fernandes, DBA Sierra Nevada Loggin,q No Board action. ITEMS FOR BOARD ACTION Nona Reid reported on the status of negotiations with EPA regarding the District's deviation/grant request. The EPA has stated their position on the deviation request and a written decision is expected soon. In order for fund the additional local match required by EPA's offer, it would necessitate the construction schedule be altered to bypass the 1999 construction season, with construction commencing every other year after that until completion in 2004. (This revised schedule would still meet the requirements imposed by Lahontan for completion by 2012). The Finance Com- mittee reviewed a variety of options and recommended accepting the offer, as presented: EXPORT PIPELINE REPLACEMENT 1) Combine the $7.15 million appropriation with the $2.5 million appropriation into one grant totaling $9,650,000. 2) Consider eligible costs to be: associated planning and design costs incurred prior to 10/1/97 for construction work done after 10/1/97; pipeline costs from 10/1/97 to 7/16/98 split 55% for federal share and 45% as the local share; pipeline costs from 7/16/98 forward would be funded 100% with the remaining federal grant money; when all federal grant money is exhausted, local money will complete the 45% match. ST007141 REGULAR BOARD MEETING MINUTES - NOVEMBER 19, 1998 PAGE - 4 3) Other pre-award or post-award costs for the A and B sections of the pipeline will be eligible for federal funding, if statutorily approved by Congress. EXPORT PIPELINE REPLACEMENT (continued) 4) The grant award will be extended to 12/31/05. The District's required match will total $7,895,454. All spending prior to 10/1/97 ($16,076,944) will not be recog- nized as part of the local match (except for planning and design costs incurred for construction work done after 10/1/97). It was the consensus of the Board to direct staff to re-apply for the $9.65 million grant, with the conditions as noted above. No Board action. Dawn Forsythe reported that a component of the Ground- GROUNDWATER MANAGEMENT water Management Plan is to form a Stakeholders Advisory PLAN STAKEHOLDER ADVISORY Group. She reviewed the three nominations received GROUP to fill the two public-at-large positions and requested the Board make the appointments. Roy Hampson stated locals should be appointed to represent their own com- munity. The Board directed staff to accept all three nominations for appointment to the public-at-large positions. No Board action. Moved Gochnauer/Second Strohm/Passed Unanimously to approve payment in the amount of $635,819.14. PAYMENT OF CLAIMS Moved Strohm/Second Gochnauer/Mosbacher Abstained/ Passed to approve Special Board Meeting Minutes of October 28, 1998. (Director Mosbacher abstained, be- cause she was absent from that meeting.) SPECIAL BOARD MEETING MINUTES: OCTOBER 28, 1998 Water and Wastewater Operations Committee: The committee met November 16. President Jones reported that it is anticipated that the needs assessment proposal from Ward & Young will be expected to received soon. Director Gochnauer stated the 100% plans and specifica- tions for A-Line Phase I and II are complete. Minutes from the meeting are available upon request. BOARD MEMBER STANDING COMMITTEE REPORTS ST007142 REGULAR BOARD MEETING MINUTES - NOVEMBER 19, 1998 PAGE - 5 Planninq / Ordinance Committee: The committee met November 12 to continue work on the consolidation of District ordinances. Lahontan/SWRCB Communications Ad Hoc Committee: The Lahontan performance review has been completed by the state auditors. The report concluded that Lahontan is not fulfilling all of its regulatory responsibilities, and pointed out specific areas for improvements. Roy Hampson offered his insight regarding the audit. He also commented on the MTBE litigation. Director Gochnauer reported that Kerry Miller (City Manager) and Mike Weber (Camp Richardson Resort) will be forming a committee for the purpose of reviewing fire protection needs along Hwy. 89. President Jones reported on his attendance at the November 18 Governor's Advisory Panel on MTBE. It was the last meeting of the workgroup; a summary of their recommendations will be sent to the Governor for his consideration. 3:45 p.m. 3:50 p.m. Manager of Customer Service: Diane Noble reported that the consultant performing the sewer rate study will be at the December 3 Regular Board Meeting to give a presentation regarding policies. Richard Solbrig reported on the status of the emergency projects: Upper Truckee River Sewer Line and Original A-Line Crossinq Emer.qency of 8/20/98: The work on this project has been completed. Final payment to the contractor will be included on the December 3 payment of claims. The river will continue to be monitored to observe whether the main channel flows are redirected. The cattle company placed their cattle crossing on top of the rip rap - this area will also be monitored to ensure it has no detrimental effects on the project, The revegetation has been com- pleted and the lines in that location are now protected. BOARD MEMBER STANDING COMMITTEE REPORTS (continued) BOARD MEMBER AD HOC COMMITTEE REPORTS BOARD MEMBER REPORTS MEETING BREAK MEETING RESUMED STAFF REPORTS STATUS OF EMERGENCY PROJECTS ST007143 REGULAR BOARD MEETING MINUTES - NOVEMBER 19, 1998 PAGE - 6 Arrowhead Replacement Well Emer,qency of 8/20/98 - The well drilling contractor has completed his work. Tom Haen installed the pitless adapter; he still has piping addi- tions to complete. The power company has to reconnect the building in order to allow future pumping. Testing of the well has revealed trace amounts of MTBE in the deep aquifer that range from .1 ppb to .3 ppb. Staff is in the process of trying to determine where the contamination originated from. Gardner Mountain Replacement Well Emergency of 9/17/98 - The USFS has not given specific direction regard- ing the extent of the biological assessment (eagle study) that needs to be conducted. Due to these requirements, the well will not likely be on-line by mid-June. A test of Lukin's reported intertie on 15th Street will be conducted November 24; pressure monitoring in the area is already underway. The District may be able to utilize 200 gpm of water from Lukin's system to help supply the Gardner Mountain zone. District General Counsel: Kevin Neese reported regarding the redevelopment and zoning issues affecting the Ground- water Management Plan (GMP). A component of the GMP being considered by the District is wellhead protection. The District has the ability to designate a wellhead protection area, but it does not have the authority and police power to prohibit or limit certain types of activities or uses within particular wellhead protection areas. These types of powers are vested in land use planning entities, such as cities and counties. However, the District does have the ability to engage in coordinated agreements with these land use planning entities. For this reason, staff met with City repre- sentatives to discuss the City's potential participation and involvement in the GMP. The City was highly agreeable to participating in the GMP in the capacity as described above. President Jones stated that a reminder was sent to Board members to submit their expense claims in on a monthly basis. 4:10 p.m. STATUS OF EMERGENCY PROJECTS (continued) STAFF REPORTS BOARD MEMBER REPORTS ADJOURNMENT TO CLOSED SESSION ST007144 REGULAR BOARD MEETING MINUTES - NOVEMBER 19, 1998 PAGE - 7 5:45 P.M. RECONVENE TO REGULAR SESSION ACTION / REPORT ON ITEMS DISCUSSED DURING EXECUTIVE SESSION No report. No Board action. Legal counsel and staff updated the Board and received direction regarding this item. No Board action. No report. No Board action. Pursuant to Section 54956.9(b) of California Government Code, Conference with Legal Counsel: Anticipated Litiga- tion (one case): The Board reported on action taken during the November 5 Closed Session re: accepting the Lahontan Settlement Agreement, which included funding a Corp of Engineers study. Ayes: Wallace, Strohm, Gochnauer. Noes: Mosbacher Absent: Jones 5:45 P.M. Pursuant to Section 54956.9(a) of California Government Code/Con- ference with 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 (one case) Pursuant to Section 54956.9(a) of California Government Code/Con- ferencewith Legal Counsel Existing Litigation - STPUD v. ARCO, et al, San Francisco County Superior Court, Case No. 999128 ADJOURNMENT ATTEST: ~ ~'~Z'~_z_, ~'~'~,o , .~ Kathy S~'~ie~'~' Of ~/~Board South Tahoe Public Utility District ST007145 DATE: /~v. Icl: ((:::/4} ~ 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.