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HomeMy WebLinkAbout08-15-91MINUTES REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT AUGUST 15, 1991 The Board of Directors of the South Tahoe Public Utility District met in a regular session August 15, 1991, 4:00 PM, City Council Chambers, 1900 Lake Tahoe Boulevard. BOARD OF DIRECTORS: Chairman Sinclair, Director Mason, Onysko, Pierini, Mosbacher ROLL CALL STAFF: Baer, Solbrig, Mamath, Schroeder, Gilbert, Cartwright, Bonnet, Miller, Hoggatt, Pribyl, Long, Rieger, Hrbacek, B. Eppler, L. Brown, Attorney Sare GUESTS: Ty Baldwin, Mr. & Mrs. Roque, John Cefalu, Keith Klein/City Council, Jean Tillous, Duane Wallace, F. Auten, Brien Taylor/Tahoe Daily Tribune, James Beattie Attorney Sare stated he would not participate in the discussion because he was legal representative for both parties. REQUEST TO APPEAR BEFORE BOARD: JEAN TILLOUS, REPRESENTING HIDE- AWAY MOTEL Jean Tillous requested the District install a water meter at District expense at the Hideaway Motel. He felt the District should be metering the motel as he discovered he was paying far more than other motels near him which were using a lot more water. He also felt the District should be making recommendations to all motel owners to revert to meters. Staff said the water service for this motel was acquired when the District bought the old water company. The consensus of Board members was all rate payers had to be treated the same and they could not allow the District to pay for the water meter. His re- ST055306 REGULAR BOARD MEETING MINUTES - AUGUST 15, 1991 PAGE - 2 quest was denied. However, Chairman Sinclair told Mr. Tillous the Board would look into motel metering. No Board Action. REQUEST TO APPEAR BEFORE BOARD: JEAN TILLOUS, REPRESENTING HIDEAWAY MOTEL (continued) Frank Auten reported he had installed two ultra low-flow toilets, but had not received a rebate/refund from the District. Diane Gilbert reported the rebate process was slow in starting, but is in the works and Mr. Auten will be receiving his rebate in the very near future. COMMENTS FROM AUDIENCE Shop Steward: No report. Water Conservation Report: Diane Gilbert reported on the ultra low-flow toilet program. She said 85 applications for ultra low-flow toilets were received. She also reported on the water consumption for 7/91 as compared to 7/90. It was 39% below for 1991--a $7,500 savings for operations, maintenance, and repairs to the District. Water Educators, Cindy Pribyl and Randy Long, were introduced to the Board. They reported on their act- ivities this summer regarding distri- bution of literature on conservation measures, customer contacts (related water violations), and dealing with the public in general. They reported 500 stops were made in an effort to educate the public regarding water conservation. Of the 500, only 5 were repeats. There were also 65 "wasting water" reports that were acted upon. Both felt the public was very receptive and cooperative and thanked the Board for the opportunity to be part of this positive water conservation program. Consent Items 2, 4, 5, 6, 7, 8 and 9 were requested to be brought forward for discussion. CORRECTIONS TO AGENDA OR CONSENT CALENDAR ST055307 REGULAR BOARD MEETING MINUTES - AUGUST 15, 1991 PAGE - 3 Moved Mason/Second Mosbacher/Passed Unanimously to approve Consent Calendar as amended: CONSENT CALENDAR 1) Approved Regular Board Meeting Minutes of: July 01, 1991; and July 18, 1991. 3) Authorized staff to implement two- week disconnection procedures in accordance with Ordinance No. 394 for accounts on the attached list. The list becomes a part of these minutes by reference herein. CONSENT ITEMS BROUGHT FORWARD FOR ACTION/DISCUSSION 2) Attorney Sare disqualified him- self from giving legal advice to either party on this matter. WATER DISCONNECTION PROCEDURES IN ACCORDANCE WITH ORDINANCE NO. 394 ON APN 26-086-081/ 3111 HARRISON AVENUE John Cefalu voiced his opinion regarding the history of the inspec- tions performed on his property by District Inspectors for backflow protection and the necessary corrections required. He also high- lighted previous discussions and correspondence on several other issues regarding his property. He stated he had not complied with the District's recommendations and the law--as there is discretion extended to the District--as to whether or not the inspection recommendations are actually required. He felt if the law is to be imposed, it should be imposed consistently and on everyone. He said he had evidence & examples of the very same things in other businesses that are not being sub- jected to compliance. He said the inspection was done right after he had made comments to the Board about the 1991/92 budget. He implied this was imposed on him as a punitive measure to "tame the tiger" and emphasized he did not intend to make the corrections un- less the Board insisted they be corrected. Tim Rieger, Inspector, said he was not aware of other businesses with the same problems; but if that is the case, they are also in non- ST055308 REGULAR BOARD MEETING MINUTES - AUGUST 15, 1991 PAGE- 4 compliance with the District's ordinance. Rieger reviewed the three cross connections not in compliance on Mr. Cefalu's property and agreed that the same connections that existed in 1988 are the same connections not in compliance now. Rieger added the 1988 inspection was completed by a new (at that time) inspector and it was a new program (cross connection) for the District at that time. Rieger said his under- standing of the law was "all cross connections should be abated or protected; it was not discretionary." Further, he stated another property was given an exemption because it was due to be demolished as part of Redevelopment and due to be removed from the District's water system. WATER DISCONECTION PROCEDURES IN ACCORDANCE WITH ORDINANCE NO. 394 ON APN 26-086-081/ 3111 HARRISON AVENUE Director Mosbacher strongly supported Mr. Cefalu's feelings. She said the incident was just too coincidental and wanted everyone in the community to know they could come before the Board and say whatever they wanted, without suffering some sort of retribution. She wanted to send the message to the community that everybody would be in- spected (concerning cross connections); everybody would be treated right. She felt Mr. Cefalu would cooperate if he were approached in the right way. She said District staff also needs training to deal with the public in a more effective manner. Tim Rieger answered questions from Director Onysko regarding backflow prevention costs/installation. Director Onysko felt the Board should not be making decisions about the discretionary enforcement of backflow devices since there were members of the staff who had been trained in this field. He said since the hazards had been ident- ified they should be taken care of and he would be willing to offer a motion whereby the District declare a short window of amnesty and install backflow prevention devices, at District expense, and use this as a training/educational exercise for District inspectors. ST055309 REGULAR BOARD MEETING MINUTES - AUGUST 15, 1991 PAGE - 5 Discussion followed. It was the consensus of the Board to have the General Manager report to the Board after a thorough investigation of the timing of the inspection and review the section of State law that may provide the District with some discretionary interpretations. WATER DISCONNECTION PROCEDURES IN ACCORDANCE WITH ORDINANCE NO. 394 ON APN 26-086-081/ 3111 HARRISON AVENUE (continued) No Board Action 4) Director Mosbacher asked where funds for this purchase was coming from. Manager Baer responded, "From the Repair/Maintenance Budget." ANTHRACITE FILTER MEDIA PURCHASE Moved Mason/Second Pierini/Passed Unanimously to authorize purchase from Linden Systems, Inc. in the amount of $7,850. 5) Director Pierini had questions regarding the cost for the repairs. Ken Schroeder explained he had asked for $6,000, as an exact amount could not be given before the engine was repaired. Schroeder answered questions regarding loaders parked next to District property. It was established the loaders in question did not belong to the District. CASE W20 LOADER REPAIR Moved Pierini/Second Mosbacher/Passed Unanimously to approve payment to Tahoe Diesel for the engine repair in the amount of $4,910.41. 6) Jim Hoggatt answered Director's questions regarding grant funds, O&M costs, erosion control, and paving. COLD CREEK EROSION CONTROL Moved Mason/Second Mosbacher/Passed Unanimously to authorize staff to advertise bids for revegetation. 7) Director Onysko requested backup (for this project and future projects) from the original bid to prove the decrease in the dollar amount matched the line item for the work in the bid. HAEN CONTRACT: IMPROVEMENTS FOR SUNSET & MIDDLE SCHOOL WELLS Jim Hoggatt explained the difference between the original contract amount for this work vs change order amount. ST055310 REGULAR BOARD MEETING MINUTES - AUGUST 15, 1991 PAGE - 6 Moved Pierini/Second Mason/Passed Unanimously to approve Change Order No. 2 to reduce contract amount by [$65,094.00]. HAE~. CONTRACT: IMPROVEMENTS FOR SUNSET & MIDDLE SCHOOL WELLS (continued) 8) Director Mosbacher asked why local people were not put on the mailing list. Richard Solbrig said he would be glad to expand the mailing list, but this project will also be ad- vertised in the newspapers. DRINKING WATER TEST WELLS AND PRODUCTION WELLS Moved Pierini/Second Mosbacher/Passed Unanimously to authorize staff to issue Request for Proposals for hydrological services. 9) made by Director Onysko and stated it was an insurance deductible reimburse- ment to Director Onysko's insurance company, Amica Mutual Insurance, for the monies they paid for the other person's auto repairs. Director Onysko stated he was on his way to the plant to attend an MOU meeting. Manager Baer's records did not support the time and date of the accident with the MOU meeting. Attorney Sare reviewed the claim AUTO ACCIDENT CLAIM: S. ONYSKO Director Pierini stated he drops by the District many times, with no scheduled appointment, to pick-up mail and then is asked to sign a check or participate in other District matters and wondered why they were "nit-picking" about some meeting which was documented or not documented and asked Attorney Sare if his stops would constitute District business. Sare said, "Yes, but staff was being very conservative because the Board had expressed a desire to be above reproach and since it was a small amount, Crawford & Company had not been asked to investigate. Staff thought it could be verified in-house, but had not been able to do so." Discussion followed regarding the events of the accident. Moved Pierini/Second Mason/Onysko Abstained/Passed to authorize payment of auto accident claim in the amount of $491.51 to Amica Mutual Insurance Co. ST055311 REGULAR BOARD MEETING MINUTES - AUGUST 15, 1991 PAGE - 7 5-Minute Break MEETING BREAK ITEMS FOR BOARD ACTION Presented by Richard Solbrig, who presented the estimates for this request and reviewed pros and cons of 6" vs 8" line. He reviewed the con- tacts made by the District to the various affected property owners and explained the work to be done using a diagram provided by Mr. Roque. Work included the need for a loop to reduce the District's maintenance costs and improve flows to the fire hydrants. Solbrig suggested the District should pay for the loop system and not charge the property owners for that portion of the water distribution system. Further, the loop would require acquiring ease- ments from additional property owners which, probably, could not be completed this year. WATER LINE EXTENSION REQUESTED BY MR. ROQUE Costs to the affected home owners were discussed: Ordinance fees vs costs based on assessment to each property for the actual costs (loop plus water line up Peninsula Rd.). Moved Onysko/ to go to bid for a loop as proposed, in the vicinity of Heather Lake and Peninsula Rd. and leave it to staff to determine how to phase the project. Discussion followed regarding how the related costs would be assessed. Director Onysko withdrew his motion. Ken Schroeder was asked if District staff could install the water line up Peninsula Rd. He said it would depend on the workload of his crews, which was partially related to a positive vote by the Board on Action Item 5/Asphalt Paving. Moved Pierini/Second Mosbacher/Passed Unanimously to proceed with a main-line extension (6") to the Roque property this construction season to connect the Heather Lake extension via a loop, ST055312 REGULAR BOARD MEETING MINUTES - AUGUST 15, 1991 PAGE - 8 with the costs to be shared among the future hook ups on Heather Lake and Peninsula Rd. WATER LINE EXTENSION REQUESTED BY MR. ROQUE Asst. Mgr. Solbrig asked for clarifica- tion on exactly who would share the costs so staff would know how much to assess the property owners. The con- sensus of the Board was: every privately owned lot (on Heather Lake & Peninsula) should be divided into the total cost to calculate the individual property owner's assessment. Moved Pierini/Second Mason/Onysko Abstained/Passed to approve James Montgomery's Task Order No. 8 - Amendment i/Deleting Permit Work. TAHOE KEYS FORCE MAIN EXTENSION Director Onysko expressed his concerns for being identified with this particular law firm because of differences of opinion on issues, including the environment. LEGAL SERVICES: LAW FIRM OF KRONICK, MOSKOVITZ, TIEDEMANN AND GIRARD Moved Onysko/Second Pierini/Pierini, Sinclair, Mosbacher, Mason Voted No/ Motion did not pass to require staff to bring any future expenditure of funds and commitments to the Board for the law firm of Kronick, Moskovitz, Tiedemann and Girard. (This would have meant waiving the normal procedure of the General Manager which allows him to authorize expenditures up to $4,000.) Moved Onysko/Second Pierini/Sinclair, Mosbacher, Mason Voted No/Motion did not pass to have any expenditures for outside legal services below or above $4,000 be brought to the attention of the Board before the money is committed. Moved Onysko/for authorization for the Board Chairman to appoint a temporary committee that would be empowered to investigate the sale value/sale potential of the District's water infrastructure. Motion died for lack of a second. FORMATION OF BOARD COMMITTEE: WATER UTILITY DIVESTMENT ST055313 REGULAR BOARD MEETING MINUTES - AUGUST 15, 1991 PAGE - 9 Presented by Ken Schroeder, who recommended selection of Contractor, M. H. Hansen Construction Company. ASPHALT PAVING Moved Mason/Second Pierini/Passed Unanimously to approve staff's recommendation of Contractor, M. H. Hansen Construction Company to complete the needed asphalt patching. Presented by Ken Schroeder, who reviewed the one bid received and the construction schedule. MATERIAL STORAGE BUILDING Moved Mason/Second Pierini/Passed Unanimously to award the construction bid to Miles Dean Lowery in the amount of $48,000. Presented by Richard Solbrig, who reviewed the contract status regard- ing insurance provisions. The con- tractor, Bertagnolli, had assured staff he would immediately obtain the insur- ance in accordance with the contract documents which are presently deficient. Staff feels Bertagnolli should be allowed the additional time because of these assurances, but will bring it back to the Board if the contractor does not comply because the construction season will be lost. LOWER SHOP PARKING LOT AND SEWER LINE PROJECT No Board Action. 7:00 P.M. ADJOURNMENT TO PUBLIC HEARING 7:00 PM - 9:35 PM (Separate Minutes were prepared for the Public Hearing.) PUBLIC HEARING 9:35 PM RESUME REGULAR MEETING GARDNER MOUNTAIN INTERTIE Presented by Richard Solbrig, who reviewed the two (2) bids received and recommended award of contract to low bidder, Chas. Butts Construction, in the amount of $143,550.80. Moved Mason/Second Mosbacher/Passed Unanimously to award contract to Charles Butts Construction in the amount of $143,550.80. ST055314 REGULAR BOARD MEETING MINUTES - AUGUST 15, 1991 PAGE - 10 Manager Baer reviewed the offer and recommended approval. He also gave a report on the meeting with the State Water Resources Control Board and said state staff would support our deviation request. CLEAN WATER GRANT NO. C-06-1414-110: ATA BUDGET Attorney Sare said the settlement was an excellent one, due to a a combined effort of many people. Moved Pierini/Second Mason/Passed Unanimously to: A) Accept the eligible costs in the amount of $30,038,987; and B) Authorize $25,000 to the Rissetto firm to complete the EPA regulations deviation request. Moved Pierini/Second Mason/Passed Unanimously to approve payment in the amount of $435,585.60. PAYMENT OF CLAIMS Operations Committee Director Mason reported the Operations Committee will meet Tuesday, 8/20/91. BOARD MEMBER COMMITTEE REPORTS Board Policies Director Pierini noted the Sample Policy Manual had been received from C.S.D.A. None BOARD MEMBER REPORTS Manaqer: Manager Baer reported on the meeting with Redevelopment Staff held on 8/15/91 regarding sewer units and water usage for the Fantasy Inn. STAFF REPORTS Director Pierini felt the Agreement with the City regarding free water use should be reviewed and in-kind services should be defined. It was the consensus of the Board to have Attorney Sare look into the legality of the Contract. There was concern for County customers who may be sub- sidizing the City through payment of their (County customers) monthly water bills when they are not part of the municipality. It may not be in com- ST055315 REGULAR BOARD MEETING MINUTES - AUGUST 15, 1991 PAGE - 11 pliance with the Public Utility Code. Attorney: Attorney Sare reported the City had agreed to pay $50,000 to help with the legal fees to pursue the Clean Water (Basin Wide) Grant funding. The $185 Million Grant was gaining support in Washington. TBAG has plans to impose assessments on its members, if it be- came necessary to cover legal costs. STAFF REPORTS (continued) 8/01/91 - Public Hearing @ Library 8/02/91 - EDWPA @ EID 8/07/91 - CASA @ San Diego 8/14/91 - HDR Claim @ Sacramento 8/15/91 - Redevelopment Staff Mtg. PAST MEETINGS 8/15/91 - 7:00 PM, Continued Public Hearing/Increase in Water Capacity Charges 8/19/91 - 3:30 PM, TRPA regarding 1992 Building Allocations 9/05/91 - 4:00 PM, Regular Board Mtg. NOTICE OF FUTURE MEETINGS 10:08 PM 10:50 PM ADJOURNMENT TO EXECUTIVE SESSION Pursuant to Government Code Section 54956.9(b)(1)/Discussion of significant exposure to liti- gation - HDR Claim Status Report Pursuant to Government Code Section 54957.6(a)/Discussion with designated representative regarding the salaries, salary schedules, or compensation to be paid to District's represented and unrepresented employees - Meet and Confer. ENT AT S CLAIR, CHAIRMAN OF BOARD DISTRICT ATTEST: PAT A. MAMATH, CLERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT ST055316 Addendum A ACCOUNTS SUBMITTED FOR AUTHORIZATION OF DISCONNECTION PROCEEDINGS AUGUST 15, 1991 BOARD MEETING ITEM ACCT. # 1. 23-251-081 NAME SERV. ADDRESS ~4P. IIE Peter Metzelaar 2280 Lk. Tahoe $ 539.38 2. 23-695-101 James Lane 687 Taylor Way 501.49 3. 23-821-141 Charles Woolsey 2332 Sky Meadows 509.33 4. 25-341-121 Alice Holt 1353 Meadow Crest ~1.~ 5. 26-037-021 E.M. Simpson 798 Merced 509.33 6. 26-241-061 Melanie Babich 947 Los Angeles 7. 26-252-111 Phillip Patchin 973 Cave Rock 8. 27-221-171 John Murphy 3343 Deer Park 506.~ 9. 28-081-061 Ronald Zehren 3574 Pioneer Trl. 6~3.~ 10. 28-081-081 Cabin Resorts 1261 Ski Run Blvd. 888.~ 11. 28-121-211 Darlene Lowry 3646 Pioneer Trl. 1549.~ 12. 28-121-291 Lloyd Bretthauer 3628 Pioneer Trl. 783.~ 13. 29-041-181 Manuel Martinez 4093 Manzanita 14. 29-371-011 Diane Watson 3884 Pioneer Trl. 1095.~ 15. 29-415-241 Andrew Furuto 3928 Larch Ave. 16. 31-078-011 Filemon Ruvalcaba 2516 Chris ST055317 PAGE TWO - ACCOUNTS SUBMITTED FOR AUTHORIZATION OF DISCONNECTION PROCEEDINGS AUGUST 15, 1991 BOARD MEETING 17. 31-194-021 Robert Foglia 2600 Kubel 5~9.~ 18. 31-202-091 Stephanie Keusseff 2688 Osborne 624.~ 19. 31-203-171 R. & M. DeWitt 1186 Martin 7~.~ 20. 31-223-101 Leonardo Paulino 1243 Sierra Blvd. 523.9 21. 31-278-051 Don Regis-Bilar 1199 Beecher 639.~ 22. 31-284-251 Joan Benson 940/944 Silver Dollar 23. 32-211-031 Kenneth Donald Wells 1317 Kyburz 634.~ 24. 32-277-101 Tim Wheeler 1125 Julie 624.~ ST055318 Date: BOARD MEETING GUEST SIGN-IN SHEET: (please print) ADDRESS' NOTE: COMPLETION OF THE ABOVE INFORMATION IS VOLUNTARY AND NOT A PRECONDITION FOR ATTENDANCE.