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02-04-10SOUTH TAHOE PUBLIC UTILITY DISTRICT Richard Solbri , General Mana er minw Dale Rise, President James R. Jones, Director Paul Sciuto, Assistant General Manager BOARD MEMBERS Mary Lou Mosbacher, Vice President Eric W. Schafer, Director Chris Cefalu, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT FEBRUARY 4, 2010 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, February 4, 2010, 2:00 P.M., District Office, 1275 Meadow Crest Drive, South Lake Tahoe, California. BOARD OF DIRECTORS: President Rise, Directors Cefalu, Jones, Mosbacher, Schafer STAFF: Solbrig, Sharp, Sciuto, Hughes, Bledsoe, Ryan, Hoggatt, Cocking, Attorney Herrema GUESTS: John Collins/KG Walters, Ernie Claudio ROLL CALL Paul Hughes led the pledge to the flag. PLEDGE OF ALLEGIANCE Ernie Claudio reported the City Redevelopment Agency COMMENTS FROM THE AUDIENCE cancelled their presentation at the El Dorado County Board of Supervisor's meeting. He reported on comments that were made at the meeting about the Redevelopment Project No. 2, including the timeline and impacts to El Dorado County and the District. Moved Schafer / Second Jones / Passed Unanimously CONSENT CALENDAR to approve the Consent Calendar as submitted: a. North Apache Booster Station — Authorized Task Order to Haen Engineering for structural engineer- ing services, in the amount not to exceed $3,500; REGULAR BOARD MEETING MINUTES - FEBRUARY 4, 2010 PAGE - 2 b. North Apache Booster Station - Authorized Task CONSENT CALENDAR Order to AECOM for electrical, instrumentation and (continued) engineering services, in the amount not to exceed $70,000; c. Arrowhead Well No. 3 Arsenic Treatment Facility - Approved Change Order No. 4 to KG Walters, in the amount of $10,737.97; (2) Approved the Project Closeout Agreement and Release of Claims; and (3) Authorized staff to file a Notice of Completion with the El Dorado County Clerk; d. Approved Regular Board Meeting Minutes: January 21, 2010. 2:05 P.M. - 2:40 P.M. ADJOURNMENT TO CLOSED SESSION AND RECONVENED TO OPEN SESSION ACTION / REPORT ON ITEM DISCUSSED DURING CLOSED SESSION No reportable Board action. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Anticipated Litigation (One Case) ITEMS FOR BOARD ACTION Currently, the Administrative Code does not have a time limit or expiration date for sewer permits. As a result, there are many outstanding permits in which connections to the sewer system have not been made. This has caused some confusion for those property owners holding outstanding permits as to which of the District's ordinances, rules, and regulations apply. The proposed amendment states that if the permit holder does not construct the sewer connection by the end of three years, they can apply for a year-to- year extension providing the administrative fee of $150 is paid. If the administrative fee is not paid, the permit will be placed into a suspended status and no connection to the District's sewer system shall be made until all administrative fees for each year have been paid. At any time the permit holder can terminate its sewer connection permit and request a refund. A sewer permit for construction will continue to be null and void if the construction project is not accepted by the County and City for the proposed improvement to be served by sewer or if the County or City voids or cancels either the application of permit for construction of the proposed improvement to be served by sewer. ORDINANCE NO. 520-10: TIME LIMITS ON SEWER PERMITS REGULAR BOARD MEETING MINUTES - FEBRUARY 4, 2010 PAGE - 3 Letters will be sent to all existing permit holders to ORDINANCE NO. 520-10: TIME make them aware of this change to the Administrative LIMITS ON SEWER PERMITS Code. (continued) Moved Schafer / Second Jones / Passed Unanimously to enact Ordinance No. 520-10, amending Section 4.2.10 and adding Section 4.5.13 of the Administrative Code regarding time limits on sewer permits. Four bids for this project were received at the January 20, 2010, bid opening. Staff and legal counsel believe that in the best interests of the District all bids received for the project should be rejected and re -bid the project in February. The Public Contract Code, as well as the District's own contract language, provide the discretion to reject all bids received on a project when the Board determines that it is in the best interest of its customers. In this case, the District's project bid documents contained internal inconsistencies regarding the submission requirement for the bid. This led to confusion among bidders, given that no two bidders' submissions were the same. Also, none of the bids received met the funding requirements, and accepting any of the bids would jeopardize the funding for the project. To provide a fair and competitive bidding environment, staff and legal counsel recommended the Board reject all bids, modify the bid documents as needed, and rebid the project. Rebidding the project will not significantly change the timeline for construction. Moved Mosbacher / Second Cefalu / Passed Unanimously to authorize staff to reject all bids, modify bid documents and rebid the project. Moved Schafer / Second Mosbacher / Passed Unanimously to approve payment in the amount of $1,833,988.08. Water and Wastewater Operations Committee: The committee met February 1. Minutes of the meeting are available upon request. Staff answered several questions from Board members on various items discussed at the meeting. The District is working with Georgetown Divide to evaluate provisions of the County Water Agency Act. It appears that projects submitted for reimbursement were incorrectly categorized and denied based on a tie misinterpretation of the act. HEADWORKS REPLACEMENT PROJECT — PHASE 1 PAYMENT OF CLAIMS BOARD MEMBER STANDING COMMITTEE REPORTS EL DORADO COUNTY WATER AGENCY PURVEYOR REPRESENTATIVE REPORT REGULAR BOARD MEETING MINUTES - FEBRUARY 4, 2010 PAGE - 4 Director Schafer attended an ECC (Employee Commun- ications Committee) meeting and talked about costs involved with the District's grant program including association memberships, travel expenses, lobbyists/ political advocacy, and consultant fees. Compared to the success of getting grants last year, he calculated the return on investment to be approximately 2000%. Director Jones reported on: El Dorado Irrigation District's fiscal mismanagement and resulting rate increases, and San Juan Capistrano's MTBE problems with Chevron. Director Mosbacher reported the fire department relayed to her that they had sufficient water pressure for fighting a recent house fire on Morton Street. Director Rise requested that any documentation related to workshops be distributed in advance of the meeting. He also stated that the use of volunteers should be considered to assist with the District's water conser- vation program. Director Schafer suggested that use of interns from the college could provide a low cost way to accomplish the goal of having people on hand for limited jobs during the summertime. BOARD MEMBER REPORTS Chief Financial Officer: Paul Hughes reported on follow- STAFF REPORTS up items that resulted from the water metering workshop. Assistant General Manager / Engineer: Paul Sciuto reported on two items: 1) A contractor could not be found to sign the required certification for the arsenic grant; therefore, the money will be redirected elsewhere. 2) Staff has been working with the insurance com- pany on the Snowshoe Thompson and Millich Ditch emergency repairs claim. The District spent about $690,000 for repairs to both ditches including up- graded piping, and received notice from the insurance company of their intention to reimburse $350,000 after the deductible, which seemed very reasonable. General Manager: Richard Solbrig reported on two items: GENERAL MANAGER REPORTS 1) Integrated Regional Water Management Plan (IRWMP) & Proposition 84 Grants - Staff submitted an application to utilize ARA (American Recovery Act) funds for metering. The IRWMP group met several times to prioritize projects submitted by all the agencies. There is still money available under Prop. 50 and a grant application will be submitted to fund the water conservation program. REGULAR BOARD MEETING MINUTES - FEBRUARY 4, 2010 PAGE - 5 2) The City Redevelopment Agency cancelled their GENERAL MANAGER REPORTS presentation to the El Dorado County Board of Super- (continued) visors, and has not been rescheduled at this point. District Information Officer: Dennis Cocking reported on STAFF REPORT appropriation request submissions, and on his atten- dance at an ACWA workshop that covered water conservation and funding opportunities. He also gave an example of the benefit of having legislative advocacy in Washington D.C. which was evidenced by the United States Forest Service's recent payment of the overdue appropriations reimbursement. ACTION / REPORT ON ITEM 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. 4:05 P.M. 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