10-05-06
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SOUTH TAHOE PUBLIC UTILITY DISTRICT
UBasic Services for a Complex World"
Richard Solbrig, General Manager
Eric W. Schafer, President
BOARD MEMBERS
Paul Sciuto, Assistant Manager
Duane Wallace, Vice President
James R. Jones, Director
Mary Lou Mosbacher, Director
Kathleen Farrell, Director
REGULAR MEETING OF THE BOARD OF DIRECTORS
SOUTH TAHOE PUBLIC UTILITY DISTRICT
OCTOBER 5, 2006
MINUTES
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The Board of Directors of the South Tahoe Public Utility District met in a regular session,
October 5,2006,2:00 P.M., District Office, 1275 Meadow Crest Drive, South Lake Tahoe, CA
BOARD OF DIRECTORS:
President Schafer, Directors Jones, Wallace, Farrell.
Director Mosbacher was absent.
ROLL CALL
STAFF:
Solbrig, Sciuto, Sharp, McFarlane, Adams, Cocking,
Brown, Coyner, Curtis, Ryan, Hoggatt, Thiesen, Nolan,
Attorney Kvistad
GUESTS: Eric Sapirstein and David French/ENS
Resources; Jeff FedorchaklCrosspointe Partners;
Dave Lindow/Winzler & Kelly; Kim HilI/UNR;
April Ross; Jean Buster; Katie Cassidy
Moved Wallace / Second Farrell/ Mosbacher Absent /
Passed to approve the Consent Calendar as submitted:
CONSENT CALENDAR
a. Collection System Repairs - Authorized contract with
J.F. Pacific Liners, Inc., in the estimated amount of
\.. $26,000;
REGULAR BOARD MEETING MINUTES - OCTOBER 5, 2006
PAGE. 2
4...
b. Customer Service, Operations and Laboratory Facility - CONSENT CALENDAR
Approved Change Order NO.6 to Roebbelen (con't.)
Contracting, Inc., in the amount of $100,485;
c. Bayview Waterline - Approved Change Order NO.1
to T&S Construction Co. Inc., in the amount of
$49,279;
d. AI Tahoe Waterline Replacement 2006 - Approved
Change Order No.1 to White Rock Construction, Inc.,
in the amount of $220,750;
e. Water Meter Replacement - Approved Change Order
NO.1 to G.B. General Engineering Contractor, Inc.,
in the amount $1,640.23;
f. Resolution No. 2813-06 - Adopted Resolution of
Intention Document and Disclosure of Future Annual
Cost of Joining the CalPERS Risk Pool;
g. Resolution No. 2814-06 - Adopted Resolution for
Office of Emergency Services Applicant Authorizations;
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h. Approved Special Board Meeting Minutes:
August 29,2006;
i. Approved Special Board Meeting Minutes:
September 1, 2006;
j. Approved Regular Board Meeting Minutes:
September 7,2006.
Eric Sapirstein, David French, and Jeff Fedorchak,
Washington D.C. advocates, gave a PowerPoint
presentation that covered: appropriations (fire protection,
chemical security/homeland, state revolving loan fund)
authorization (water recycling, water infrastructure),
upcoming November elections, and the11 Oth Congress.
REPORTS: Washington D.C.
Legislative Activities, by Eric
Sapirstein and David French/
ENS Resources; Jeff Fedorchak!
Crosspointe Partners
ITEMS FOR BOARD ACTION
4.
Lisa Coyner reported Ms. Ross submitted a claim on
July 12, 2006, for damages to her driveway at
700 San Francisco Avenue allegedly caused by the
Bayview Well project. Jim Hoggatt, construction
manager for the District, agreed that the asphalt portion
of her driveway had some minimal damage due to
CLAIM AGAINST STPUD RECEIVED
FROM APRIL ROSS
REGULAR BOARD MEETING MINUTES - OCTOBER 5, 2006
PAGE. 3
.. replacement of the water service nearby. The asphalt
~ will be repaired as part of the Bayview Well project.
However, the District does not claim responsibility for
the concrete portion of her driveway, which she claims
was worsened as part of the construction. Staff took
photographs of her driveway before the project started
two years ago, showing the severe cracking that
already existed in this portion of her driveway.
Ms. Ross submitted photos she had taken recently
and compared them to photos taken by District staff
in 2004. She stated she obtained two bids - one to
repair the cracks for $4,000, and one to remove and
replace the driveway for $4,900. Ms. Ross stated large
trucks and equipment used her driveway as a turn-
around which contributed to the cracking.
The District's insurance carrier denied the claim since
it was for replacement of the entire driveway.
~
Moved Jones / Second Wallace / Mosbacher Absent /
Passed that Ms. Ross proceed with repair or replacement
work, submit the final invoice to the District, and the
District will pay up to one-half of the cost, but not to
exceed $2,450, and will need a release of liability from
Ms. Ross upon payment (which she agreed to).
The Board previously approved proceeding with the
design of a new pump station. The expected cost for
full replacement of the pump station will be $5M, and
is budgeted for in 2006/07 and 2007/08.
Winzler & Kelly have completed their assessment of the
final/secondary effluent pump stations and the predesign
of the new pump stations, completing their obligation under
their previous contract. Staff has negotiated a contract for
design and construction documents for the new pump
stations and appurtenances, which will be completed as
a task order under the existing Master Services Agreement
with Winzler & Kelly. The bid package is expected to be
out to contractors by March 2007.
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Moved Wallace / Second Farrell/ Mosbacher Absent /
Passed to approve proposal from Winzler & Kelly
Consulting Engineers in the amount of $509,798.
CLAIM AGAINST STPUD RECEIVED
FROM APRIL ROSS
( con't.)
FINAL/SECONDARY EFFLUENT
PUMP STATION
REGULAR BOARD MEETING MINUTES - OCTOBER 5, 2006
PAGE. 4
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Hatch & Parent and the District have been discussing an
updated agreement for legal representation. Director
Wallace reported the Board Legal Services Ad Hoc Com-
mittee met to discuss ideas to continue control over legal
fees and still have access to the full range of services
offered by Hatch &Parent. The Committee recommended
approval of a new agreement on the terms negotiated
by the Committee.
Moved Wallace / Second Farrell/ Mosbacher Absent /
Passed to direct Hatch & Parent to prepare an agreement
in accordance with terms outlined, and authorized
execution of the agreement.
Moved Jones / Second Wallace / Mosbacher Absent /
Passed to approve payment in the amount of
$2,531,789.72.
Water and Wastewater Operations Committee: The
committee met October 2. Minutes of the meeting are
available upon request.
~
Lukins Ad Hoc Committee: The committee met with
members of the City of South Lake Tahoe's ad hoc
committee to discuss funding for system improvements.
Director Schafer reported he received his certificate
for Ethics training.
Director Wallace reported the Water Agency held their
October 2 meeting at the District. District staff gave a
presentation demonstrating the need to retain property
taxes from South Lake Tahoe. The agency's goal is
to divert 100% of tax proceeds which will then be used for
many projects on the west slope that do not benefit the
District or Tahoe City PUD. They want the District to
apply for funding project-by-project, and any that are
approved must be met with a 50% match from the District.
(3:25 p.m. - Director Wallace left at this point in the meeting.)
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General Manaoer: Richard Solbrig reported he met with a
representative from EI Dorado County Department of
Transportation to discuss which projects can be done
jointly to avoid tearing up roadways twice.
AMENDED LEGAL SERVICES
AGREEMENT
PAYMENT OF CLAIMS
BOARD MEMBER STANDING
COMMITTEE REPORTS
BOARD MEMBER AD HOC
COMMITTEE REPORTS
BOARD MEMBER REPORTS
EL DORADO COUNTY WATER
AGENCY REPRESENTATIVE
REPORT
GENERAL MANAGER REPORTS
REGULAR BOARD MEETING MINUTES - OCTOBER 5, 2006
PAGE. 5
District Information Officer: Dennis Cocking reported that
~ ACW A has agreed to sponsor legislation to amend the
Public Utility District Act to allow special districts to use
the Water Code to provide for Board compensation.
3:30 - 3:35 P.M.
4:15 P.M.
STAFF REPORT
MEETING BREAK AND ADJOURN-
MENT TO CLOSED SESSION
RECONVENED TO REGULAR
SESSION
ACTION / REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION
No reportable Board action.
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No reportable Board action
No reportable Board action.
\..,
Pursuant to Government Code
Section 54956.8/Real Estate
Negotiations:
Negotiating Parties: Board Ad Hoc
Committee, General Manager,
Assistant General Manager/Engineer,
Chief Financial Officer
Under Negotiations: Price and Terms
Property Identification: Lukins Water
Company, 2031 West Way, South
Lake Tahoe, CA
Pursuant to Government Code
Section 54956.9(a)/Conference with
Legal Counsel - Existing Litigation re:
Beth Jett, Kendall Pearce, and
Pearce Family Trust Dated 1-20-88
vs. STPUD, Cox & Cox Construction,
Inc., a California Corporation, Nimbus
Engineers, a Nevada Corporation and
Does 1-100, Inclusive, Civil Action
No. PC 20050567, Superior Court,
County of EI Dorado, State of Ca.
Pursuant to Government Code
Section 54956.9(a)/Conference with
Legal Counsel - Existing Litigation re:
Meyers Landfill Site: United States of
America vs. EI Dorado County and
City of South Lake Tahoe and Third
Party Defendants, Civil Action No.
S-01-1520 LKK GGH, U.S. District
Court for the Eastern District of Ca.
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REGULAR BOARD MEETING MINUTES - OCTOBER 5, 2006
PAGE. 6
No reportable Board action.
Pursuant to Government Code
Section 54956.9(b)/Conference with
Legal Counsel - Anticipated Litigation
(Two Cases)
No reportable Board action.
Pursuant to Government Code
Section 54956.9(b)/Conference with
Legal Counsel - Liability Claim
Received from April Ross
No reportable Board action.
Pursuant to Government Code
Section 54956.9(a)/Conference with
Legal Counsel - Existing Litigation:
STPUD vs. 1442.92 Acres of Land
in Alpine County, Ca.; et aI., United
States District Court for the Eastern
District of Ca., Sacramento Division,
Case No. CIV S-02-0238 MCE JFM
4:15 P.M.
ADJOURNMENT
ATTEST: ~..J-;A 'it. -S~ t~
Ka hy Sharp, erk of the Bard
South Tahoe Public Utility District
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