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SOUTH TAHOE PUBLIC UTILITY DISTRICT
Richard Solbrig, General Manager Paul Sciuto, Assistant General Manager
Mary Lou Mosbacher, President BOARD MEMBERS Dale Rise, Vice President
James R. Jones, Director Eric W. Schafer, Director Ernie Claudio, Director
REGULAR MEETING OF THE BOARD OF DIRECTORS
SOUTH TAHOE PUBLIC UTILITY DISTRICT
NOVEMBER 5, 2009
MINUTES
The Board of Directors of the South Tahoe Public Utility District met in a regular session,
November 5, 2009, 2:00 P.M., District Office, 1275 Meadow Crest Drive, South Lake Tahoe,
California.
BOARD OF DIRECTORS: ROLL CALL
President Mosbacher, Directors Rise, Claudio, Jones,
Schafer
STAFF:
Solbrig, Sharp, Sciuto, Hughes, Hoggatt, Carrion,
Boyson, Thiel, Bergsohn, W. Stanley, Bird, Ryan,
Curtis, Noble, Attorney Kvistad
GUESTS:
John Adamski, Peggy Cocores
No Bergsohn led the pledge to the flag. PLEDGE OF ALLEGIANCE
John Adamski relayed his appreciation for the COMMENTS FROM AUDIENCE
opportunity to run for a seat on the Board.
Consent Items e. (Luther Pass Pump Station Standby CORRECTIONS TO THE AGENDA
Power Generation Facility), i. and j. (2008 Al Tahoe OR CONSENT CALENDAR
Waterline Replacement) and k. (2008 Tata Lane /
Granite Mountain Waterline) were brought forward
for discussion prior to Board action.
Additional agenda items were received subsequent to
the regular Board meeting agenda being posted. Due to
the need for immediate action, the following items
were added to the agenda for consideration:
REGULAR BOARD MEETING MINUTES — NOVEMBER 5, 2009 PAGE - 2
Moved Schafer / Second Jones / Passed Unanimously CORRECTIONS TO THE AGENDA
to add Snowshoe Thompson Ditch No. 1 / Millich OR CONSENT CALENDAR
Ditch Washout Emergency Resolution No. 2876 -09 to (continued)
the agenda in order to facilitate repairs prior to weather
changing and to avoid more damage from occurring.
Moved Jones / Second Rise / Passed Unanimously
to add 2010 Water Meter Installation Project - Phase 2
to the agenda due to grant requirements that the bid
be awarded no later than December 22, 2009.
Moved Schafer/ Second Rise / Passed Unanimously CONSENT CALENDAR
to approve the Consent Calendar as amended:
a. Cul De Sac Holdings, LLC, Water Main Extension -
Adopted corrected Resolution No. 2873 -09
accepting the Cul De Sac Holdings water main
extension;
b. SCADA Upgrade Field Interface Units - (1) Waived
bidding procedures as outlined in the Purchasing
Policy for standardized equipment requiring
compatibility with existing equipment and to be
purchased from the existing supplier; and
(2) Authorized purchasing of units from Global
Data Specialists, Inc., in the amount of
$34,691.25, plus shipping;
c. Cattle Grazing Permit 2010: Diamond Valley -
Awarded contract to the highest responsive,
responsible bidder, Urrutia Ranch, in the monthly
amount of $13,280;
d. Nutrient Management Plan: Alpine County -
Approved addendum to existing Task Order No. 1
to Wood Rogers, Inc., for additional consulting
services, in the amount of $3,685.20;
e. See Consent Items Brought Forward;
f. Final and Secondary Effluent Pump Station -
Approved Change Order No. 9 to Pacific
Mechanical Corporation, in the amount of
$96,171.37;
g. Twin Peaks Booster Station and Waterline -
Approved Change Order No. 1 to Resource
Development Company, Inc., in the amount of
$57,187.51;
t s , h. 2009 Sonora Waterline Replacement - Approved
Change Order No. 3 for Campbell Construction
Company, Inc., in the amount of $87,760.99;
REGULAR BOARD MEETING MINUTES - NOVEMBER 5, 2009 PAGE - 3
i. See Consent Items Brought Forward; CONSENT CALENDAR
(continued)
j. See Consent Items Brought Forward;
k. See Consent Items Brought Forward;
I. Twin Peaks Booster Station - Increased Task Order
for Carollo Engineer's to provide construction
services, in the amount of $59,435;
m. Approved Regular Board Meeting Minutes:
October 15, 2009;
n. Approved Special Board Meeting Minutes:
October 29, 2009.
CONSENT ITEM BROUGHT FORWARD
Director Claudio received clarification regarding the LPPS (LUTHER PASS PUMP
Change Order process. STATION) STANDBY POWER
GENERATION FACILITY
Moved Jones / Second Claudio / Passed Unanimously (Consent Item e.)
to authorize an increase to Purchase Order P21709 to
AECOM for additional engineering services for design
of a fire suppression system, in the amount of $50,000.
Attorney Kvistad explained the Change Order should be 2008 AL TAHOE WATERLINE
corrected to reflect no change in the contract amount REPLACEMENT
and list G. B. Construction to be paid the cost of the (Consent Item i.)
remaining paving work ($22,822.12), rather than Cruz
Excavating, since Cruz Excavating failed to complete
that portion of the project.
Moved Jones / Second Rise / Passed Unanimously to
approve a Change Order to pay G. B. construction
$22,822.12 from funds that were to be paid to, but
were not earned by, Cruz Excavating for paving work.
Attorney Kvistad explained that because Cruz 2008 AL TAHOE WATERLINE
Excavating did not complete the entire project, REPLACEMENT
changes need to be made to the Project Closeout (Consent Item j.)
Agreement and Release of Claims. In the event that
Cruz Excavating does not sign the Project Closeout
Agreement and Release of Claims and return it within
five days, staff should be authorized to sign and file
the Notice of Completion.
Moved Rise / Second Schafer / Passed Unanimously
to: (1) Allow staff to provide modifications to the Project
Closeout Agreement and Release of Claims; and
(2) In the event that Cruz Excavating does not sign
the Notice of Completion within five days, that staff
is authorized to sign and file the notice.
REGULAR BOARD MEETING MINUTES - NOVEMBER 5, 2009 PAGE - 4
Attorney Kvistad explained that because Cruz 2008 TATA LANE /GRANITE
Excavating did not complete the entire project, MOUNTAIN WATERLINE
changes need to be made to the Project Closeout REPLACEMENT
Agreement and Release of Claims. In the event that (Consent Item k.)
Cruz Excavating does not sign the Project Closeout
Agreement and Release of Claims and return it within
five days, staff should be authorized to sign and file the
Notice of Completion.
Moved Rise / Second Schafer / Passed Unanimously
to: (1) Allow staff to provide modifications to the Project
Closeout Agreement and Release of Claims; and
(2) In the event that Cruz Excavating does not sign
the Notice of Completion within five days, that staff
is authorized to sign and file the notice.
ITEMS FOR BOARD ACTION
The California Department of Health Services awarded ADDENDUM TO THE AGENDA:
the District a $4,387,500 grant for the installation of 2010 WATER METER
water meters. The grant is already being used for the INSTALLATION PROJECT -PHASE 2
2009 Meter Project which is nearly complete with
163 meters in place, and the 2010 (Phase 1) Meter
tie Project that was awarded to Teichert and will have
1,525 meter installations in place in 2010. There is
approximately $2M left in the grant which is available
for approximately 1,300 additional meter installations.
The state requires that a contractor be in place with
a signed contract no later than December 24, 2009.
Construction will begin May 2010.
Moved Jones / Second Rise / Passed Unanimously to
authorize staff to advertise for construction bids.
On November 4, 2009, some erosion damage was ADDENDUM TO THE AGENDA:
discovered at Millich Ditch and Snowshoe Thompson SNOWSHOE THOMPSON DITCH
Ditch No. 1. The damage was at the site of the repairs NO. 1 / MILLICH DITCH WASHOUT
that were completed in June of 2009. There is evidence EMERGENCY RESOLUTION
of sliding and accumulation of material under the NO. 2876 -09
erosion control blankets on the slope between the
ditches. In addition, there are approximately six areas
where the erosion control blankets separated and
allowed the deposition of material down the slope and
towards adjacent properties. There is also minor cutting
of the slope by surface water. Necessary repairs will
include but are not limited to installation of fiber rolls,
perforated pipes, and drain rock to divert surface water
away from affected areas, and application of mulch
and hydro -seed to stabilize the site.
REGULAR BOARD MEETING MINUTES - NOVEMBER 5, 2009 PAGE - 5
kw Immediate action is necessary to mitigate the damage ADDENDUM TO THE AGENDA:
and proceed with repairs prior to winter weather while SNOWSHOE THOMPSON DITCH
the hillside is still accessible, and to avoid spring melt- NO. 1 / MILLICH DITCH WASHOUT
off on the upper side of Snowshoe Thompson Ditch EMERGENCY RESOLUTION
No. 1. NO. 2876 -09
(continued)
Moved Schafer / Second Jones / Passed Unanimously
to: (1) Determine an emergency exists pursuant to
Section 1 102 of the Public Contract Code;
(2) Determine substantial evidence has been
presented to authorize an exception be made to
Section 22050 of the Public Contract Code that
this emergency will not permit a delay resulting
from a competitive solicitation for bids and that
this action is necessary to respond to the
emergency; (3) Adopt Resolution No. 2876 -09
delegating authority to the General Manager and
Assistant General Manager /Engineer to order any
action necessary to respond to this emergency and
determine this project is exempt from CEQA; and
(4) Approve expenditures necessary to start emer-
gency repairs, in the estimated amount of $50,000.
Staff developed a recommendation to amend the TIME LMITS ON SEWER PERMITS
Administrative Code placing time limits on sewer
C r permits to include on the agenda for the October 15
Board meeting. Subsequent to the agenda being
posted, after additional discussions, staff presented
a revised recommendation and requested the Board
not take action at that meeting, but instead to
discuss and direct staff. After discussing the specifics
of the length of time, extensions, and applicable
fees, staff was under the impression the Board
concurred with the recommendation and was intending
to bring the revised code amendment to this
November 5 Board meeting for action.
Since that time, District staff has received several calls
from Board members and citizens disagreeing with the
proposed amendment. It appeared there was some
misunderstanding of the staff recommendation.
This was included on the November 5 agenda to seek
direction from the Board to determine if the draft code
amendment should be approved as is, revised, or not
be considered for action at all.
Diane Noble presented comparative data re: what other
local agencies do, and recommended aligning the require-
ments to be consistent their practices.
REGULAR BOARD MEETING MINUTES - NOVEMBER 5, 2009 PAGE - 6
John Adamski questioned the need to proceed at this TIME LMITS ON SEWER PERMITS
time. He agreed the permits should be brought up to (continued)
code after expiration, but disagreed with the time
restraints and associated fees. He urged the Board to
solicit additional public input and take some time
before reaching a decision.
It was the consensus of the Board to table this
item until a public meeting can be held to gather
input from a cross section of concerned citizens
before developing a final recommendation.
No Board action.
Moved Schafer / Second Jones / Passed Unanimously PAYMENT OF CLAIMS
to approve payment in the amount of $2,193,085.35.
3:50 - 4:00 P.M. MEETING BREAK
Water and Wastewater Operations Committee: The BOARD MEMBER STANDING
committee met November 2. Minutes of the meeting COMMITTEE REPORTS
are available upon request. Several site tours were
included as part of the meeting.
Management and Union MOU Ad Hoc Committee: BOARD MEMBER AD HOC
The committee met with staff and the District's COMMITTEE REPORT
benefits design consultants, BB &H, to review ideas
to streamline the medical policy. An additional meeting
will be held on November 24 with union managers,
management representatives, and the Board's
ad hoc committee to explore the ideas further.
Director Jones attended the agency's meeting on EL DORADO COUNTY WATER
November 4 and reported most of the meeting was AGENCY PURVEYOR
spent on personnel issues. Some of the water pur- REPRESENTATIVE REPORT
veyors will be making a push to review the size and
expense of the agency, and try to ensure the majority
of money taken from the purveyors is returned to them.
Directors Schafer and Jones relayed their appreciation BOARD MEMBER REPORTS
for the opportunity to serve on the Board for four
more years.
Director Claudio distributed a handout detailing an
odor complaint received from the Blue Angel Cafe.
Staff will investigate the problem and conduct a
smoke test to determine the source.
Assistant General Manager /Engineer: Paul Sciuto
kie gave an update on the Alpine County monitoring
plan. Lahontan will meet with staff to discuss
groundwater monitoring issues.
REGULAR BOARD MEETING MINUTES - NOVEMBER 5, 2009 PAGE - 7
General Manager: Richard Solbrig reported on two GENERAL MANAGER REPORTS
items:
1) City Water MOU - Staff gave a presentation
to the city council and there seemed to be general
consensus that a MOU might not be necessary. The
City Council and staff will continue to evaluate the
need. In the meantime, quarterly bills have been
mailed out.
2) The President signed the water bill that included
the earmark for the local water coalition's funding
request for 2010 -201 1 fiscal year. Some of the money
approved is for District water system improvements
for fire fighting. The bill and bond proposal is expected
to be signed by the Governor soon.
Clerk of the Board: Kathy Sharp gave an update STAFF REPORT
on the November 3 election results:
Seat 1 - Chris Cefalu
Seat 2 - Jim Jones
Seat 5 - Eric Schafer
The newly elected Board member and re- elected
incumbents will assume office on Friday, December 4,
and take their seats at the December 17 Board meeting.
A ceremonial oath of office will be conducted at that
time.
4:35 P.M. ADJOUNMENT TO CLOSED
SESSION
ACTION / 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. El
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.
No reportable Board action. Pursuant to Government Code
Section 54956.9(a) /Conference
with Legal Counsel - Existing
Litigation: Tahoe Asphalt, Inc., and
Tahoe Asphalt Materials Company,
LLC, vs. STPUD, Case No.
SC20090104, El Dorado Superior
Court
4:45 P.M. ADJOURNMENT
REGULAR BOARD MEETING MINUTES — NOVEMBER 5, 2009 PAGE - 8
C 41-1
Mary Lou Mosbacher, Board President
South Tahoe Public Utility District
ATTEST: ��
Kathy Sharr , Ier of theyBoard
South Taho ublic Utilit y District
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