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02-04-99SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Robed Baer, General Mana~ler Richard Solbri~h Assistant Manacger 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 FEBRUARY 4, 1999 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session February 4, 1999, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: President Jones, Strohm, Mosbacher. Director Wallace was absent. Director Gochnauer arrived late. ROLL CALL STAFF: Baer, Solbrig, Sharp, McFarlane, Noble, Garcia, Brown, Forsythe, Rieger, Schroeder, Schrempp, Eckenrode, Hydrick, R. Johnson, Hoggatt, Attorney Kvistad. GUESTS: Judy Brown/City Council Liaison, Ray Carreau/Tahoe Keys Marina, Marcy Barnett/Apex Envirotech, Inc., Joyce Blackstone Barbee Eckenrode, who recently filled the Customer Service position, was introduced to the Board. INTRODUCTION Consent Items No. 9 and 12 were brought forward for discussion prior to Board action. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR Moved Strohm/Second MosbachedWallace and Gochnauer CONSENT CALENDAR Absent/Passed to approve Consent Calendar as amended: ST007109 REGULAR BOARD MEETING MINUTES - FEBRUARY 4, 1999 PAGE - 2 1) Spoils Hauling - A) Waived District Purchasing Policy; B) Awarded service contract to Tahoe Asphalt, Inc. in the amount of $85.00 per load for hauling spoils until December 31, 1999; CONSENT CALENDAR (continued) 2) Authorized implementation of the two-week disconnec- tion procedures for delinquent sewer and/or water accounts; 3) Adopted revisions to the Surplus Property Policy re: disposal and donation of surplus project; 4) Authorized implementation of the two-week disconnec- tion procedures on the property located at 2970 High- way 50, APN 34-671-12 for failure to perform annual backflow assembly test; 5) Authorized implementation of the two-week disconnec- tion procedures on the property located at 3310 Lake Tahoe Blvd., APN 27-170-1501; 6) Authorized staff to advertise for bids for Tata Lane and F Street Water Line and Tata Lane Booster Pump Station modifications; 7) Diamond Ditch Irrigation System -Approved Change Order No. 2 for Ford Construction Co. in the amount of $3,358.99; 8) Legislative Advocacy Services - Authorized execution of contract with Lynn Surer and Associates in the amount $18,000 10) A-Line Replacement Project: Continuation -Approved Change Order No. 10 for Ford Construction Company, Inc. for a credit of $25,822.60; 11) Arrowhead Well No. 3 - A) Approved Closeout Agree- ment and Release of Claims for Thomas Haen Company, Inc.; and B) Authorized staff to file a Notice of Completion with the El Dorado County Clerk; 13) Approved Regular Board Meeting Minutes: January 7, 1999; 14) Approved Special Board Meeting Minutes: January 20, 1999. ST00'/110 REGULAR BOARD MEETING MINUTES - FEBRUARY 4, 1999 PAGE - 3 (2:10 P.M. - Director Gochnauer arrived at this point in the meeting.) Ross Johnson reported that Tahoe Keys Marina (TKM) is protesting the backup testing the District performs for MTBE TKM is one of seven active MTBE sites that Lahontan has required to install a remediation system to prevent petroleum products from entering the ground. The District monitors the discharge from the remediation system before it enters the District's collection system to ensure it is treatable and to check that petroleum products are effectively removed. Mr. Carreau, owner of TKM, is concerned about the District's Special Use Permit costs, especially the backup testing the District's laboratory performs to confirm permit compliance. The TKM site has had one discharge violation on 10/15/98 (MTBE @ 840 ppb) that was discovered by the District's lab. Mr. Carreau, along with Marcy Bennett, came before the Board to explain that they already test the discharge for MTBE; the District's tests are repetitive and result in doubling the monitoring costs. They requested that the testing be reduced to monthly, rather than weekly. Mr. Carreau stated that the State is supposed to pay for remediation and monitoring costs, but he has not received any reimbursements to date. The Board directed the Operations Committee to review this matter. If necessary, the Board will revisit this item after recommendations have been received. No Board action. REQUEST TO APPEAR BEFORE THE BOARD: Ray Carreau, Tahoe Keys Marina ITEMS FOR BOARD ACTION Richard Solbrig reported this item was on the agenda to give the public an additional opportunity to comment on the proposed annexation. Public comments will also be received at the District until February 8, 1999. The Environmental Assessment document is currently cir- culating. Solbrig explained the annexation gives the District the ability to provide water and sewer services in the designated areas. No public comments were received. No Board action. HEAVE N LY VALLEY AN N EXATIO N (2:30 P.M. Time Designation.) ST007111 REGULAR BOARD MEETING MINUTES -FEBRUARY 4, 1999 PAGE- 4 Moved Strohm/Second Gochnauer/Wallace Absent/ Passed to approve payment in the amount of $796,701.81. PAYMENT OF CLAIMS CONSENT ITEMS BROUGHT FORWARD FOR ACTION / DISCUSSION Director Mosbacher received clarification that this item is not a part of Boyle Engineering's Interim Water Supply Master Plan. Moved Gochnauer/Second Mosbacher/Wallace Absent/ Passed to approve Task Order 16 for Boyle Engineering to provide a preliminary design report for the MTBE removal from Arrowhead Well. Rick Hydrick reported that there are currently no back- up motors for Paloma or Bakersfield well. Because these wells supply the majority of water production in their zones, backup up pumps/motors need to be purchased immediately to ensure continued operational reliability. The motors must be compatible with existing equipment. The Board has adopted a policy not to run Arrowhead Well No. 3 due to MTBE contamination. If the equipment at Bakersfield Well were to fail, there would not be sufficient water supply to serve the Meyers/Tahoe Paradise areas. Competitive quotes were solicited for the equipment. Moved Strohm/Second GochnauedWallace Absent/Passed to: A) Authorize an exception to the formal bidding process, and authorize the sole source purchase of standardized equipment from Flowserve for the Byron Jackson pump in the amount of $30,959, plus tax and freight; and B) Authorize an exception to the formal bidding process due to special circumstances (the special circumstances being that time is of the essence), and authorize purchase of a pump from Ingersoll-Dresser in the amount of $15,458, plus tax and freight. Planning/Ordinance Committee: The committee will meet on February 19 to continue work on the ordinance codification project. Water and Wastewater Operations Committee: The committee met February 3. Minutes of the meeting are available upon request. ARROWHEAD WELL TREATMENT (Consent Item No. 12) NEW BACKUP MOTORS FOR PALOMA AND BAKERSFIELD WELLS (Consent Item No. 9) BOARD MEMBER STANDING COMMITTEE REPORTS ST007112 REGULAR BOARD MEETING MINUTES - FEBRUARY 4, 1999 PAGE - 5 County Water Agency/EDWPA/LAFCO Committee: On February 17, a retirement party will be held for out- going El Dorado County Board Supervisor, John Upton. Legislative Funding Ad Hoc Committee: As requested by legislators, the District will present its funding needs for the export pipeline replacement project to the Lake Tahoe Transportation and Water Quality Coalition for inclusion with their funding request. The presentation will be made to the Coalition, EPA, and Lahontan during a meeting on February 5. The District is currently seeking an advocate in Wash- ington D. C. to assist with the funding request. Lahontan/SWRCB Communications Ad Hoc Committee: Director Strohm will testify before the Joint Legislative Audit Committee with regards to contamination and agencies' response to underground storage tank issues on February 9. Director Mosbacher reported the last two meetings with Alpine County representatives and ranchers went well. Director Jones reported many areas are trying to ban MTBE. An EPA committee, that meets on a monthly basis, will be in California and have invited those affected by MTBE to testify. Director Strohm reported a Joint Chamber meeting will be held to discuss raising funds for the local match for the Environmental Improvement Program. ($200 million is needed.) A public meeting will be held February 23, and he encouraged Board members to attend. General Mana,qer: Bob Baer reported on three items: 1) He reported on the meeting with Alpine County Board of Supervisors where staff presented an overview of MTBE issues and actions the District is taking to address the prob- lems. The need for a contingency plan dealing with Alpine County was discussed. Their board will consider adopting a resolution encouraging legislation with regards to MTBE. 2) District staff will meet with ACWA's Executive Officer to encourage their association to take a stronger stance with regards to MTBE contamination. 3) District staff will participate in CaI/EPA's MTBE public hearings on February 19 and 23. BOARD MEMBER COMMITTEE REPORTS (continued) BOARD MEMBER AD HOC COMMITTEE REPORTS BOARD MEMBER REPORTS STAFF REPORTS ST007113 REGULAR BOARD MEETING MINUTES - FEBRUARY 4, 1999 PAGE - 6 District Information Officer: Dawn Forsythe reported on her involvement with legislators, creating legislation, and on the other numerous efforts underway to address the MTBE situation. Richard Solbrig reported on the status of the remaining emergency project: Gardner Mountain Replacement Well Emergency of 9/17/98 - The USFS has required that the District hire a hydrogeologist to determine if water levels at Pope Marsh are impacted by pumping. This requirement must be satisfied before the project can proceed. Manager of Customer Service: Diane Noble reported the City Water MOU expires in June. The City has requested a meeting to discuss provisions of the MOU with staff. 4:10 P.M. 5:20 P.M. STAFF REPORTS (continued) STATUS OF EMERGENCY PROJECT ADJOURNMENT TO CLOSED SESSION RECONVENE TO REGULAR SESSION ACTION / REPORT ON ITEMS DISCUSSED DURING EXECUTIVE SESSION Legal counsel and staff updated the Board regarding this item. No Board action. The Board directed legal counsel and staff regarding this item. No Board action. Legal counsel and staff updated the Board regarding this item. No Board action. 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- ference with Legal Counsel Existing Litigation: Schwake v. STPUD, Federal Case No. CV-N-93-851-DWH 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 ST007114 REGULAR BOARD MEETING MINUTES - FEBRUARY 4, 1999 PAGE - 7 This item was not discussed. No Board action. Report on action from January 21, 1999 Regular Board Board Meeting: Moved Gochnauer/Second Strohm/Passed Unanimously to authorize settling the liability claim in the amount agreed upon at the January 15, 1999 settlement conference, payable by the District's Liability Insurance Carrier, CSRMA, plus a credit against the 1999 sewer service fees of Tahoe Chalet Inn, the cost of which will be the obligation of the District; and further directed staff to seek additional coverage by CSRMA to fund the District's cost of settling this claim. 5:25 P.M. Pursuant to Section 54957.6(a) of California Government Code/Con- ference with Labor Negotiators: Agency Negotiators - Board of Directors, Bob Baer; Employee Organization - STPUD Management Staff Pursuant to Section 54956.95 of the California Government Code/ Conference with Legal Counsel re: Liability Clam - Charles Gonzalez dba Tahoe Chalet Inn v. STPUD, El Dorado County Superior Court, Case No. CV-1008 ADJOURNMENT James R. Jones, Board President South Tahoe Public Utility District K~lthy Shar~,.~Slerk of the Board South Tahb~ Public Utility District ST007115 DATE:~~ LJ, /~C~ 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