03-02-00SOUTH TAHOE PUBLIC UTILITY DISTRICT
"Basic Services for a Complex World"
Robert Baer, General Manager Richard Solbri~, Assistant Manager
Christopher H. Strohm, President BOARD MEMBERS Pembroke Gochnauer, Vice President
James Jones, Director Mary Lou Mosbacher, Director Duane Wallace, Director
REGULAR MEETING OF THE BOARD OF DIRECTORS
SOUTH TAHOE PUBLIC UTILITY DISTRICT
MARCH 2, 2000
MINUTES
The Board of Directors of the South Tahoe Public Utility District met in a regular session, March 2,
2000, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California.
BOARD OF DIRECTORS:
President Strohm, Directors Wallace, Gochnauer,
Mosbacher. Director Jones was absent due to
District business.
ROLL CALL
STAFF:
Baer, Solbrig, Sharp, McFarlane, Noble, Cocking, Swain,
Johnson, Hoggatt, Attorney Kvistad.
GUESTS:
Andy Bourelle/Tahoe Daily Tribune; Ed Gee, Colin West/
U.S. Forest Service; Judy Brown/City Council Liaison;
Mary Andrews/Candidate for State Senate; Gary Oswald/
Safeway, Inc.; John Upton, Steve Yonker, Steve Weiss,
Roxanne Upton/South Tahoe Alliance for Recreation;
Joyce Blackstone; David Kelly
Mary Andrews, candidate for State Senate, presented a
brief overview of her experience and platform. She en-
couraged the Board and staff to vote for her.
COMMENTS FROM THE AUDIENCE
None.
CORRECTIONS TO THE AGENDA OR
CONSENT CALENDAR
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REGULAR BOARD MEETING MINUTES - MARCH 2, 2000 PAGE - 2
Moved Mosbacher/Second Wallace/Jones Absent/
Passed to approve the Consent Calendar as submitted:
Cedar Avenue Waterline Service - Authorized staff
file an Exemption Notice for CEQA with the El
Dorado County Clerk;
b. Approved Regular Board Minutes: January 20, 2000.
Diane Noble reported Safeway proposes to build on the
vacant lot adjacent to the existing Safeway, and plans
to keep the existing store open until the day before the
new store opens. The October 15 to May 31 "no digs"
restrictions require certain work to be phased over two
building seasons. Safeway controls two motels that will
be closed, razed, and the transferable rights, including
sewer capacity, would be transferred to the new store pro-
ject. Safeway would prefer to operate the motels until two
months prior to the new store opening, at which time
Safeway will sever and cap the laterals and have them
inspected. The store is estimated to open December 2000
or January 2001, assuming grading starts June 1,2000.
This estimated date could be pushed back if delays are
encountered with one or more of the governmental bodies.
The District's ordinance requires disconnect and inspection
of sewer and waterlines within 30 days after the transfer is
approved. It also requires the razed area be restored to
natural condition before the Board or staff will authorize the
transfer of sewer units. Safeway would like to take advan-
tage of the sewer transfer policy, but needs a plan review
by the District before the City Building Department can
perform their plan check.
Gary Oswald, Safeway Inc., requested the Board approve
to authorize reimbursing Safeway the difference between
the cost of a new sewer hookup and the cost of a transfer-
red sewer hookup. Safeway will meet the requirements in
Section 4.8 of the District's ordinance relating to transfer-
ring hookups and will pay the new hookup fee upon the
completion of plan review by the District. Safeway would
have up to August 31, 2001 to meet the transfer require-
ments for this project and receive a reimbursement for the
transferred sewer units. This "outside" date will give
Safeway time to restore the razed area to a natural condi-
tion during the permitted ground disturbance period.
CONSENT CALENDAR
REQUEST TO APPEAR BEFORE THE
BOARD: Gary Oswald, Safeway, Inc.
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REGULAR BOARD MEETING MINUTES - MARCH 2, 2000 PAGE - 3
Noble reported staff believes this request is reasonable
and does not unduly compromise the rules and regulation
of the District. All fees will be paid and there is no chance
for discharges from both locations occurring simultane-
ously. The Finance Committee reviewed this item and
recommended approval.
Moved Gochnauer/Second Wallace/Jones Absent/Passed
to approve staff's recommendation and allow the transfer
as outlined above.
John Upton, on behalf of the South Tahoe Alliance for
Recreation, reviewed the group's activities and explained
the ballot measure structure and proposed facilities
management plan for the new recreational site.
The District is considering constructing an access road
between Al Tahoe Boulevard and the treatment plant.
Upton requested if the road is built, that the District share
the road, and take into consideration the group's design
plans, in order to reduce the amount needed for the bond
measure.
President Strohm appointed the Board's standing Planning/
Ordinance Committee to consider the request and make to
make a recommendation to the Board in the future.
REQUEST TO APPEAR BEFORE THE
BOARD: Gary Oswald, Safeway, Inc.
(continued)
REQUEST TO APPEAR BEFORE THE
BOARD: John Upton, South Tahoe
Alliance for Recreation
ITEMS FOR BOARD ACTION
President Strohm updated the Board on the status of the
revised Special Use Permit. Meetings were held with
U.S. Forest Service staff and commitments were made to
complete the process as soon as possible. The District's
general counsel prepared a draft Special Use Permit for
Board approval. Ed Gee will submit the approved draft to
U.S. Forest Service offices for legal review and will work
with District representatives to resolve any outstanding
issues.
Gary Kvistad, District General Counsel, reviewed the pro-
visions contained in the draft permit. The clause related to
the permit fee (valuation of the property) has not been
determined at this point, and will be included in the final
permit.
U.S. FOREST SERVICE SPECIAL USE
PERMIT FOR GARDNER MOUNTAIN
WELL
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REGULAR BOARD MEETING MINUTES - MARCH 2, 2000 PAGE - 4
Gee reported the appraisal process has been completed
and will go no greater than $4,000 for water extraction fee
with 5% for real estate fee and 6% facilities. Additionally,
the land value will not exceed $2,500 per acre for value
of land, and fee for use of 10" pipeline (approximately
$20,000 per year).
Moved Gochnauer/Second MosbachedJones Absent/
Passed to approve the permit, subject to final approval
of precise language regarding how the fees are determin-
ed and the amount of the fee.
Moved Wallace/Second GochnauedJones Absent/Passed
to approve the predesign work in an amount not to exceed
$6,000.
Moved Wallace/Second Strohm/Jones Absent/Passed
to approve payment in the amount of $500,110.49.
3:45 P.M.
4:00 P.M.
U.S. FOREST SERVICE SPECIAL USE
PERMIT FOR GARDNER MOUNTAIN
WELL
(continued)
GARDNER MOUNTAIN WELL PUMP
AND CONTROL BUILDING
PAYMENT OF CLAIMS
MEETING BREAK
MEETING RESUMED
Executive Committee: The committee met March 1 to
discuss Hatch & Parent legal services contract.
Finance Committee: The committee met February 22
to review the proposed budget.
Water and Wastewater Operations Committee: The
committee met February 28. Minutes of the meeting
are available upon request.
Planning Committee: President Strohm assigned the
committee to review and make recommendations
regarding the design/build team for construction of
the barn in Alpine County.
Director Mosbacher stated the Planning Committee will
also review District-owned properties. She requested
staff provide an updated list of properties. The committee
will review the status of each property and make recom-
mendations accordingly. Dennis Cocking will work with
the committee.
BOARD MEMBER STANDING
COMMITTEE REPORTS
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REGULAR BOARD MEETING MINUTES - MARCH 2~ 2000
PAGE - 5
Director Strohm directed the committee to consider con-
struction of the proposed access road a priority, and
review of District-owned properties should be secondary
to that project.
BOARD MEMBER STANDING
COMMITTEE REPORTS
(continued)
Federal Legislative Ad Hoc Committee: Jim Jones is at
the ACWA conference in Washington, D.C. While there,
he will discuss MTBE related issues with several congres-
sional representatives.
Strohm reported the revised Environmental Improvement
Program has been distributed. The District has been asked
to provide input regarding potential erosion control projects
that could be included in the program.
Director Gochnauer reported the Lake Tahoe Region
Water Preservation Committee will meet with the California
Energy Commission to discuss the committee's plan to
develop an ordinance outlawing the sale of gasoline con-
taining MTBE in El Dorado County.
BOARD MEMBER REPORTS
Director Wallace reported he will be meeting with the
Nevada Department of Transportation regarding alternative
routes to use while the Park Avenue Redevelopment project
is underway.
General Manager: Bob Baer reported on three items:
1) Senator Leslie decided not support the bill to realign
the governance of the County Water Agency.
2) The County Water Agency's mid-year report projected
their income from property taxes is 4% higher than
anticipated.
3) Lahontan's Executive Officer report reversed the position
Harold Singer stated at the Alpine County Agreements
meeting regarding Lahontan's oversite of the Indian Creek
Reservoir. He now maintains that the reservoir is consider-
ed as "state water" since the west fork of Carson River
contributes to the reservoir.
GENERAL MANAGER / STAFF
REPORTS
District General Counsel: Attorney Kvistad reported on two
items:
1) The attorney for Tahoe Tom's recommended that his
client sign the District's Special Discharge Permit to allow
discharge of the remediated water into the sewer system.
Kvistad also recommended language be added to the
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REGULAR BOARD MEETING MINUTES - MARCH 2, 2000 PAGE - 6
indemnification portion of the permit that may alleviate
the concerns voiced by Harold Singer at the February 3,
2000 Board meeting.
2) He reported on the March 1 Groundwater Management
Plan meeting. The draft plan still needs minor revisions.
Topics discussed during the meeting included: providing
additional findings as to why the plan is needed, action
levels for response, and coordinated response between
El Dorado County and the District. Funding sources and
and scheduling were also discussed. Joyce Blackstone
added to the comments.
4:55 P.M.
7:07 P.M.
GENERAL MANAGER / STAFF
REPORTS
(continued)
ADJOURNMENT TO CLOSED
SESSION
RECONVENE TO REGULAR
SESSION
ACTION / REPORT ON ITEMS DISCUSSED DURING EXECUTIVE SESSION
Legal counsel updated the Board regarding the status
of this item.
No Board action.
Legal counsel and staff updated the Board regarding
this item.
No Board action.
Legal counsel updated the Board regarding this item.
No Board action.
Legal counsel and staff updated the Board regarding
this issue.
No Board action.
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 of
California Government Code/Con-
ference with Real Property
Negotiators:
Negotiating Parties - District staff,
Board of Directors, U.S. Forest Svc.
Under Negotiation - Property Terms
Property ID - APN 19-081-09
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
Pursuant to Section 54956.9(b)/
Conference with Legal Counsel re:
Pendincl Litigation (one case)
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REGULAR BOARD MEETING MINUTES - MARCH 2, 2000 PAGE - 7
The Board directed negotiators regarding this item.
No Board action.
The Board directed negotiators regarding this item.
No Board action.
The Board directed negotiators regarding this item.
No Board action.
7:07 P.M.
Pursuant to Government Code
Section 54957.(a)/Conference
with Labor Negotiatiors:
Agency Negotiators - Robert Baer,
Board of Directors
Unrepresented Employee Position -
District General Counsel
Pursuant to Government Code
Section 54957.6(a)/Conference
with Labor Negotiatiors:
Agency Negotiators - Robert Baer,
Board of Directors
Employee Organization: Intemational
Union of Operating Engineers,
Stationary Local 30, AFL-CIO
Pursuant to Government Code
Section 54957.6(a)/Conference
with Labor Negotiator:
Agency Negotiator - Robert Baer
Unrepresented Employee Position -
Human Resources Director
ADJOURNMENT
Christopher H. Strohm, Board President
South Tahoe Public Utility District
Kathy Sharp,~lerk of the Board
South Tahoe Public Utility District
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DATE:
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.
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