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05-20-99 SOUTH TAHOE P. UBLIC UTILITY DISTRICT "Bastc Serwces for a Complex World" James jones, President BOARD MEMBERS Christopher H. Strohm, Vice President Pembroke Gochnauer, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT MAY 20, t999 MINUTES~ The Board of Directors of the South Tahoe Public Utility District met in a regular session, May 20, 1999, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTOR,S,,: President Jones, Directors Strohm, Wallace, Gochnauer. Director Mosbacher was absent. ROLL CALL STAFF: Baer, Solbrig, Sharp, McFarlane, Noble, Taylor, Garcia, Schroeder, Forsythe, Hussmann, Hydrick, Attorneys Kvistad and Speich/Hatch & Parent, Attorney Miller/ Miller & Sher. GUESTS: ~Judy Brown/CSLT Liaison, Andy Bourelle/Tahoe Daily Tribune, Joyce Blackstone. Moved Gochnauer/Second Strohm/Mosbacher Absent/ Passed to approve the Consent Calendar, as submitted: CONSENT CALENDAR Authorized implementation of the two-week disconnec- tion procedures for delinquent sewer and/or water accounts; ST034596 REGULAR BOARD MEETING MINUTES - MAY 20, 1999 PAGE - 2 Credit Card Account with State of California Cai-Card - Authorized execution of addendum to State of California Purchase Card Program Master Service Agreement; A-Line Phase II Tree Seedling Maintenance and Guarantee -Authorized contract with Kelly Erosion Control, Inc. to provide maintenance and guarantee for 860 trees in the amount of $9,700; B-Line Phase III - Approved Task Order No. 21 for Parsons HBA to complete forest carnivore study in the amount of $12,230; Diesel Underground Storage Tank - Approved Task Order No. 11 for HSI Geotrans to install three monitor- ing wells around the diesel tank in the amount of $11,133. CONSENT CALENDAR (continued) ITEMS FOR BOARD ACTION Richard Solbrig reported three bids were received for this project, at the May 18 bid opening, for the sitework and foundation for the new 300,000 gallon Lookout Tank. Solbrig also reviewed a minor discrepancy related to the Iow bid - the lump sum for Bid Item No. 15 was not written in numbers. He recommended this discrepancy be waived. Moved Gochnauer/Second Strohm/Mosbacher Absent Passed to waive the minor discrepancy (described above) and award bid to the lowest responsive, responsible bidder, C. B. Ebright, in the amount of $98,959. Ken Schroeder reported four bids were opened at the May 11 bid opening for the purchase of a new backhoe, with an extended five-year warranty period. The bid prices included the trade in of a Case 580 backhoe for $19,000. Moved Strohm/Second Wallace/Mosbacher Absent/Passed to award bid to the lowest responsive, responsible bidder, Arnold Machinery, in the amount of $41,379.44, for the purchase of a JCB 214 backhoe. Ken Schroeder reported that the bid received for the back- hoe described in the item above, was far lower than anticipated. The price is $8,256 less than the District paid for the same backhoe two years ago. Staff recommended LOOKOUT TANK SITEWORK BACKHOE PURCHASE BACKHOE PURCHASE 1999-2000 ST034597 REGULAR BOARD MEETING MINUTES - MAY 20~ 1999 PAGE - 3 taking advantage of the excellent pricing. A trade in value, in the amount of $15,075 was given for the District's old backhoe. BACKHOE PURCHASE 1999-2000 (continued) Moved Strohm/Second Gochnauer/Mosbacher Absent/ Passed to approve a second order for a backhoe from Arnold Machinery for the 1999-2000 budget in the amount of $60,379.44, less the amount of the $15,075 trade-in value for the District's old backhoe (the final total amounts to $45,304.44). Dawn Forsythe reported this agreement sets up a joint committee with one representative each from the county, city, and District. While it does not specifically ban MTBE, it will facilitate coordination between the agencies to eliminate MTBE from gasoline sold in South Lake Tahoe, and to provide information to the public regarding the adverse effects of MTBE. COOPERATIVE AGREEMENT ON MTBE ELIMINATION By July 1, 1999, the committee will prepare a report to each of the agencies outlining the process of the state and federal agencies in eliminating MTBE in gasoline sold in the Lake Tahoe region, with recommendations on specific actions that the agencies can take to eliminate MTBE from gasoline sold here. The report will have an implementation schedule. The report will also include information on ground- water monitoring. After July 1, 1999, the committee is to issue updated reports not less than on a quarterly basis. The agreement terminates when MTBE is removed from gasoline sold in California or when an agency terminates the agreement (with 60 days notice). Moved Wallace/Second Gochnauer/Mosbacher Absent/ Passed to authorize execution of agreement to coordinate city, county, and District efforts to eliminate MTBE from gasoline sold in South Lake Tahoe. It was the consensus of the Board to appoint Director Gochnauer to serve as the District's representative on the joint committee. Dawn Forsythe summarized the amendments to Ordinance No. 443. Substantive changes were made to water restrictions and enforcement provisions, and also incorpor- ates non-substantive changes, recommended by the Board's Planning/Ordinance Committee. WATER CONSERVATION ORDINANCE NO. 469-99 ST034598 REGULAR BOARD MEETING MINUTES - MAY 20, 1999 Moved Gochnauer/Second Strohm/Mosbacher Absent/ Passed to enact Ordinance No. 469-99 amending Ordinance No. 443 regarding water shortage and drought response standards. Dawn Forsythe reported on legislation currently progress- ing through the California legislature that may directly affect the District's operations or finances. Staff has reviewed priority legislation and submitted recommenda- tions to the Board regarding suggested positions. Forsythe reviewed the components and impacts of several bills. A 1999 State Legislation Ad Hoc Committee, consisting of Directors Wallace and Strohm, was appointed to review staff's recommended positions when time is of the essence in responding to the proposed legislation. Moved Strohm/Second Gochnauer/Mosbacher Absent/ Passed to approve staff's recommendations, as presented. Rhonda McFarlane reported the 1999-2000 proposed water budget is fully funded and has been reviewed in a public hearing on May 6, 1999. Moved Strohm/Second Wallace/Mosbacher Absent/ Passed to adopt Resolution No. 2695-99 adopting the budget for the Water Enterprise Fund. Rhonda McFarlane reported the 1999-2000 proposed budget is fully funded and was reviewed in a public hearing on May 6, 1999. Moved Wallace/Second Strohm/Mosbacher Absent/ Passed to adopt Resolution No. 2694-99 adopting the budget for the Sewer Enterprise Fund. Rhonda McFarlane reported Ordinance 468-99 increases the Water Rates (Schedules 2 and 3) and the Water Capital Improvement Charges (Schedules 6 and 7) and increases water consumption charges to $1.72 per hundred cubic feet (Schedule 3). The Water Capital Improvement Charge is restricted to funding present and future capital projects, and any related debt service. WATER CONSERVATION ORDINANCE NO. 469-99 (continued) PAGE - 4 STATE LEGISLATIVE POSITIONS WATER ENTERPRISE FUND BUDGET: FISCAL YEAR 1999-2000 RESOLUTION NO. 2695-99 SEWER ENTERPRISE FUND BUDGET: FISCAL YEAR 1999-2000 RESOLUTION NO. 2694-99 WATER RATE AMENDMENT ORDINANCE NO. 468-99 ST034599 REGULAR BOARD MEETING MINUTES - MAY 20, 1999 PAGE - 5 The impact of this ordinance is to generate $179,000 in additional revenue for the 1999-2000 proposed water budget, to be used for General Operating and Maintenance and the District's Capital Improvement Programs. New rates will increase revenue 3.5% overall. A public hearing was held on May 6, 1999. Moved Wallace/Second Strohm/Mosbacher Absent/Passed to enact Ordinance No. 468-99, amending Ordinance No. 464, Administrative Code Sections 3.1.108, 3.1.109, 3.1.112, 3.1.113, and superseding Ordinance No. 467-99 in its entirety. Rhonda McFarlane reported sewer rate increases vary from 2.2% to 5%, depending on customer classification. A Public Hearing was held on May 6, 1999. Moved Strohm/Second Gochnauer/Wallace Voted No/ Mosbacher Absent to enact Ordinance No. 470-99, amend- ing Ordinance No. 464, Administrative Code Sections 4.1.104 and 4.1.135, and superseding Ordinance No. 467-98 in its entirety. Bob Baer reported on the Board's County Water Agency Standing Committee meeting of May 17. The agency's policy was reviewed. A condition contained in the policy states that the District will participate in reviewing the agency and the way it operates. It was the consensus of the Board to direct the committee to continue discussions re: the governance of the County Water Agency. No Board action. Moved Wallace/Second Strohm/Mosbacher Absent/ Passed to approve payment in the amount of $1,181,687.79. 3:00 P.M. 3:05 P.M. 5:10 P.M. WATER RATE AMENDMENT ORDINANCE NO. 468-99 (continued) SEWER RATE AMENDMENT ORDINANCE NO. 470-99 COUNTY WATER AGENCY ROLES AND FUNCTIONS PAYMENT OF CLAIMS MEETING BREAK MEETING RESUMED AND ADJOURNED TO CLOSED SESSION RECONVENE TO REGULAR SESSION ST034600 REGULAR BOARD MEETING MINUTES - MAY 20, 1999 PAGE - 6 ACTION I REPORT ON ITEMS DISCUSSED DURING EXECUTIVE SESSION Legal counsel updated the Board regarding this item. No Board action. Pursuant to Section 54956.9(a) of California Government Code/Con- ference with Legal Counsel Existing Litigation - STPUD v. ARCO, et al, San Francisco County Superior Court, Case No. 999128 Legal counsel updated the Board regarding this item. No Board action. 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 The Board directed staff regarding this item. No Board action. Pursuant to Section 54956.8/Con- ference with Real Property Negotiators - Negotiating Parties: District staff, Mark Lucksinger Under Negotiation: Property Selec- tion, Purchase Price, and Terms These cases were not discussed. No Board action. Pursuant to Section 54956.9(c) of California Government Code/ Conference with Legal Counsel Anticipated Lifi~lafion (three cases) This item was not discussed. No Board action. Pursuant to Section 54957.6(a)/Con- ference with Labor Negotiators Agency Negotiators: Robert Baer, Nancy Hussmann, Board of Directom; Employee Organization: Intema'donal Union of Operating Engineers, Stationary Local 39, AFL-CIO Operations Committee: The committee met on May 17. Minutes of the meeting are available upon request BOARD MEMBER STANDING COMMITTEE REPORTS Planning / Ordinance Committee: The committee will meet in June to continue work on the Ordinance Codification project. Bob Mason, public liaison to the committee, will be gone for the summer. Legislative Ad Hoc Committee: The committee will meet May 21 to review the Lake Tahoe Restoration legislation proposed by Senator Feinstein. BOARD MEMBER AD HOC COMMITTEE REPORTS ST034601 PAGE - 7 REGULAR BOARD MEETING MINUTES - MAY 20~ 1999 General Manager: Bob Baer reported that the District's general counsel is working with Alpine County's counsel to consolidate all existing agreements between Alpine County and the District. The agreements between the District and individual ranchers will be reviewed next. Richard Solbrig reported on the status of the remaining emergency project: Gardner Mountain Replacement Well Emergency of 9/17/98 - The draft gravity metric data has been received. It will be used to finalize the potential for the site at Camp Richardson. Additional gravity tests will be performed on the ground next week. The results of the tests will be evaluated and used to determine which of the two sites is best suited to pursue drilling the test well. Chief Financial Officer: Rhonda McFarlane reported after addressing concerns related to MTBE, the loan with LaSalle bank was funded today. MTBE impacts to the District totals $6 million to date. District Information Officer: Dawn Forsythe reported a media training workshop will be held for Board members on May 28. District General Counsel: Gary Kvistad reported on two items: 1) Work on the District's AB 3030 (groundwater manage- ment plan) is underway. 2) The presentation he made to the WateReuse Associa- tion re: impacts of MTBE on recycled water was well received. 5:45 P.M. STAFF REPORTS STATUS OF EMERGENCY PROJECT ADJOURNMENT James R. Jones, Board President South Tahoe Public Utility District ATTEST:~ _zJ ~'Y~ ~ K~thy sharF~k'of the I~oard South Tahoe"Public Utility District ST034602 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 ST034603