02-05-09
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SOUTH TAHOE PUBLIC UTILITY DISTRICT
"Basic Services for a Complex World"
Richard Solbri , General Mana er
Mary Lou Mosbacher, President
BOARD MEMBERS
Paul Sciuto, Assistant Mana er
Dale Rise, Vice President
James R. Jones, Director
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Eric W. Schafer, Director Ernie Claudio, Director
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REGULAR MEETING OF THE BOARD OF DIRECTORS
SOUTH TAHOE PUBLIC UTILITY DISTRICT
FEBRUARY 5, 2009
MINUTES
The Board of Directors of the South Tahoe Public Utility District met in a regular session,
February 5, 2009, 2:00 P.M., District Office, 1275 Meadow Crest Drive, South Lake Tahoe,
California.
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BOARD OF DIRECTORS:
President Mosbacher, Directors Rise, Claudio, Jones,
Schafer
ATTENDEES
STAFF:
Sol brig, Sharp, Hughes, Cocking, Bird, C. Stanley,
Curtis, Barnes, Brown, Donovan, Coyner, Eidam, Ryan,
Hoggatt, Bergsohn, Thiel, Attorney Herrema
GUESTS:
Anders Hauge/Hauge Brueck Associates; Sean Gill,
Doug Allen/Resource Development Company;
Dennis Cardoza/Alpine County Public Works Director;
John Runnels/Citizens Alliance; Mike Berg/Carpenters
Local 1789; Eric Graham/Maxwell Research; Dan
Johnson, Douglas Jones, John Stone/Byars Contruction
Company; Leilani and Mike Connolly; Vernon and Reba
Bry; Rich Daily; John Bain; Todd Gansberg; Kent
Neddenriep; Ken Weitzman; Penny Stewart
Dennis Cardoza led the pledge to the flag.
PLEDGE OF ALLEGIANCE
CORRECTIONS TO THE AGENDA
OR CONSENT CALENDAR
The change order amount for Consent Item e.
\.,. was changed from $41,807.17 to $42,534.25.
REGULAR BOARD MEETING MINUTES - FEBRUARY 5, 2009 PAGE _ 2
Moved Claudio / Second Schafer / Passed Unanimously CONSENT CALENDAR
to approve the Consent Calendar as amended:
\., a.
Ordinance No. 512-09: Cross Connection Program -
Enacted Ordinance Adding Section 3.3.6(d) and
amending Section 3.3.4, of the Administrative
Code regarding cross connection program exempt-
ing installation of backflow prevention assemblies
on hydronic heating systems;
b. Indian Creek Reservoir Oxygenation - (1) Approved
Change Order No.3 to Hobbs Electric for $9,743.83;
and (2) Added 33 calendar days to the total con-
tract time;
c. Arrowhead Arsenic Treatment Facility Project -
Approved the "Purchase and Sale Agreement
(for Potential Land Coverage Rights)" for the
purchase and transfer of 1, 173 square feet of
potential land coverage rights from the Califor-
nia Tahoe Conservancy to the District property
located at 1961 Arrowhead Avenue, EI Dorado
County, California, (APN 034-294-04) in the
amount of $7,038;
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d. Replacement of Country Club Tank - Approved
amendments to existing Task Order No.8 for
tank design with Brown and Caldwell, in the
amount not to exceed $9,987.20;
e. Final and Secondary Effluent Pump Station -
Approved Change Order No.5 to Pacific
Mechanical Corporation, in the amount of
$42,534.25;
f. Markleeville Public Utility District - Approved
and authorized execution of disclosure of
relationship and waiver of potential conflict of
interest;
g. Approved Regular Board Meeting Minutes:
January 15, 2009.
ITEMS FOR BOARD ACTION
The Twin Peaks Booster Station is to be located on the
District's Industrial Well NO.1 property, as well as on a
portion of the adjacent property owned by Delta Tahoe.
The District has been negotiating for a lot line adjustment
and the purchase of 3,515 square feet of property. The
\., District's appraisers completed a property appraisal which
resulted in a valuation of $28,500 for the land plus another
TWIN PEAKS BOOSTER STATION
AND WATERLINE PROJECT
REGULAR BOARD MEETING MINUTES - FEBRUARY 5, 2009
PAGE - 3
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$26,732.50 for the existing coverage. Negotiating parties
agreed to complete the purchase of the lot for $28,500
upon close, the District will retain all existing coverage on
site, and will hold the additional value of the coverage for
future coverage purchase and transfer to a project
identified by Delta Tahoe. If they have not identified such
a project within three years, the District will make a final
payment of $26,732.50 to complete the transaction.
Moved Schafer / Second Rise / Passed Unanimously
to authorize staff and counsel to complete property
acquisition from Delta Tahoe for an amount not to
exceed $59,000.
2:15 P.M. PUBLIC SCOPING MEETING
President Mosbacher opened the Public Scoping Meeting
at 2:15 p.m. to receive public comments.
Anders Hauge/ Hauge Brueck Associates, gave a Power-
Point presentation regarding the revised Notice of
Preparation of a Draft Environmental Impact Report for
the District's Recycled Water Facilities Master Plan.
\..
He covered: CEQA, focused Notice of Preparation,
new components in the plan, new project alternatives,
Phase I projects, project map, scoping purpose and
District responsibility, and the next steps of the pro-
cess. The draft EIR will be circulated this spring, and
the final EIR is expected in late fall or early winter.
No public comments were received and the Scoping
Meeting was closed at 2:25 p.m.
No Board action.
Moved Schafer / Second Rise / Passed Unanimously
to approve payment in the amount of $2,279,036.24.
2:30 P.M. PUBLIC MEETING
President Mosbacher opened the Public Meeting
at 2:33 p.m. to receive public comments.
John Thiel reported the District has approved the Initial
Study and the determination of no significant effect on
the environment, prepared a Notice of Intent to Adopt
a Negative Declaration with submittal to the State
a Clearinghouse, and published such notice in the Tahoe
"'Tribune. After a review period of over 30 days, staff
has received no comments or questions on the proposed
action.
TWIN PEAKS BOOSTER STATION
AND WATERLINE PROJECT
(continued)
SOUTH TAHOE PUBLIC UTILITY
DISTRICT RECYCLED WATER
FACILITIES MASTER PLAN
PAYMENT OF CLAIMS
TWIN PEAKS BOOSTER STATION
AND WATERLINE PROJECT
REGULAR BOARD MEETING MINUTES - FEBRUARY 5, 2009
PAGE-4
'"
No public comments were received and the Public
Meeting was closed at 2:37 p.m.
Moved Schafer / Second Jones / Passed Unanimously
to: (1) Certify the Negative Declaration of Initial Study
and Negative Declaration of Environmental Impact;
(2) Approve the additional "De Minimis" finding that
the project will have no effect on wildlife resources,
and (3) Authorize staff to submit a California Depart-
ment of Fish and Game Certificate of Fee Exemption.
Ten bids were received at the January 27, 2009,
bid opening. Resource Development Company (RDC)
submitted the low bid of $1,743,395.00. They had
two minor irregularities in their bid that staff recom-
mended be waived: (1) The total bid amount written
in words was $1,743.395.00. The numbers presented
in the bid items were calculated to be $1,745,433.50.
The project specifications state the amount written in
words shall govern. (2) They wrote in the surety broker
in the space provided instead of the surety company
and agent. The project specifications all the Board to
waive these minor irregularities.
\.,
Two bid protests were received: (1) Byars Construc-
tion Company, who based their protest on the fact
that they believed their bid was on time for the 2:00 p.m.
bid acceptance deadline; and (2) The Carpenters Union,
who based their protest on allegations that the low
bidder (RDC) should not be considered responsible
and that they failed to screen subcontractors by listing
the company FenceCorp.
After hearing from legal counsel, staff and represent-
tatives of both protests, it was the consensus of the
Board: (1) That the representative from Byars Cons-
truction was not in line, and did not meet the 2:00 p.m.
bid acceptance deadline. (2) That RDC was a responsive,
responsible bidder, with a license that is in good
standing, and the allegations made by the Carpenters
Union against the subcontractor FenceCorp have no
bearing on RDC.
Moved Jones / Second Schafer / Claudio Voted No /
Passed to waive minor bid irregularities (described above)
and to award the bid to the lowest responsive,
responsible bidder, Resource Development Company,
Inc., in the amount of $1,743,395.00; contingent upon
finalizing the purchase of the lot from Delta Tahoe, and
receiving the lot line adjustment from the City of South
Lake Tahoe.
\.., (Director Claudio voted no due to doubts he had about
the ability of RDC to act in a responsible manner during
the construction of the booster station.)
TWIN PEAKS BOOSTER STATION
AND WATERLINE PROJECT
(continued)
TWIN PEAKS BOOSTER STATION
AND WATERLINE PROJECT
REGULAR BOARD MEETING MINUTES - FEBRUARY 5, 2009
PAGE - 5
3:30 - 3:35 P.M.
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2:45 P.M. PUBLIC MEETING
President Mosbacher opened the Public Meeting
at 3:35 p.m. to receive public comments.
This project includes replacement and upsizing the
Angora Tank, the waterline that feeds the tank, and
installation of an access road.
Julie Ryan gave a PowerPoint presentation that
covered: environmental documentation (CEOA/NEPA),
scoping purpose, District responsibility, project features,
access road features, comments received to date
(impact to historic resources, visual impact, concerns
over security, need for a permanent road, need for a
paved road, and consideration of alternative routes),
and the project schedule.
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An access road is needed to construct the new facilities,
and to provide access to the site for future maintenance,
inspection and repair, as required by the California Water-
works Standards. A number of routes to the site were
considered, and the proposed route was found to be
the most stable and the shortest in length, with the
least potential environmental impacts.
Many of the public comments received had to do with
the proposed access road. Neighbors John Bane and
Skip Bry expressed their concerns regarding the paving
of the access road. They cited the visual impacts it
would have, and questioned the need for the road to
be paved, since it will be used infrequently and will
not be plowed. The District solicited support from the
jurisdictional agencies for this project prior to proceeding
with the environmental documentation process. TRPA
gave conditional support for the project, with the
stipulation that the road be paved in accordance with
their Code of Ordinances. Thus, the project was
developed to include a paved road. However, upon
receiving the concerns from the public over a paved
road, TRPA has revisited the need for pavement, and
has concluded that they would waive the paving
requirement if the appropriate features were added
to the project to control and infiltrate runoff and prevent
erosion. The District will propose to TRPA that the road
be surfaced with compacted recycled base.
Public members made two requests with respect to
consideration of alternate routes. (1) A request that
'", the District revisit the two routes that were previously
"'eliminated. These routes were dismissed because the
steep grades are not stable or safe. (2) A request that
the District route the top of the access road to the
MEETING BREAK
ANGORA TANK REPLACEMENT
PROJECT
REGULAR BOARD MEETING MINUTES - FEBRUARY 5, 2009
PAGE - 6
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south of the tank instead of to the north. The north
access road was selected because it minimizes the
visibility of the new road from Lake Tahoe Boulevard,
Sawmill Pond, and the rest of Mountain View Estates.
Ryan proposed to minimize the visible impact by
digging the surface of the road into a notch, which
will also increase the stability of the slope.
The public also expressed concerns that the new access
road would attract recreationists to the site. This
concern will be alleviated by installing a chain-link fence
around the tank pad and a swing-arm gate at the
entrance to the access road to provide security for
both the tank and the access road.
Ryan will take all comments received to the jurisdiction-
al agencies, especially the United States Forest Service,
since the proposed road falls mostly on their property.
The Public Meeting was closed at 4:40 P.M.
No Board action.
4:40 - 4:50 P.M.
\.,
Finance Committee: The committee met February 5
and discussed the Integrated Regional Water
Management Plan and Proposition 84 grant funding.
They also discussed the District's application for the
economic stimulus package, sharing of the grant
coordinator position, and outsourcing payroll.
Director Schafer reported on his attendance at the CAS A
conference and distributed a summary.
He also listened by speakerphone to a Town Meeting
sponsored by Congressman McClintock.
Director Claudio distributed a typed report that coyered
President Obama's state of the economy speech "A
National 20-Point Recoyery Plan."
He also distributed a typed letter he sent to the District's
Washington D.C. representatives urging them to convince
senators to enact Obama's "American Recovery and
Reinyestment Plan." Board members reminded him that
direction can only be given by of a majority of the Board.
Director Mosbacher encouraged those traveling to the
4.., same meetings to carpool to saye on travel costs.
ANGORA TANK REPLACEMENT
PROJECT
(continued)
MEETING BREAK
BOARD MEMBER STANDING
COMMITTEE REPORTS
BOARD MEMBER REPORTS
REGULAR OARD MEETING MINUTES - FEBRUARY 5, 2009
PAGE - 7
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General Manaaer: Richard Solbrig reported that Tahoe
Keys Property Association contacted him to see if the
District would be interested in purchasing their water
company. He responded the Board would likely evaluate
the system like they did with Lukins Water Company.
GENERAL MANAGER REPORT
Leaal Counsel: Brad Herrema reported on AB 632, a
design/build law that could impact projects related to
wastewater facilities.
He also reported that the recycled water policy does
not apply to agricultural irrigation water as of yet.
District Information Officer: Dennis Cocking reported
the State's budget will likely be voted on soon. The
District's appropriation request is expected to be reyiewed
after the economic stimulus package is in place.
He also reported that a new Tahoe Restoration Act
coalition will be formed to discuss reauthorization. The
group will not be an adversarial one like the last one
was.
\.,
Manaoer of Field Ooerations: Randy Curtis reported that
he received a request to lease District property for a cell
tower at the Glenwood Well Site. He distributed a com-
parison of fees charged by other agencies, and talked
about security, access, SCADA interference for tanks,
and alternate sites.
ACTION I REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION
No reportable Board action.
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.
6:02 P.M.
ADJOURNMENT
ATTEST: #</~ ~
Kattiy Shar, lerk of the oard
South Tahoe Public Utility District
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