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05-06-10SOUTH TAHOE PUBLIC UTILITY DISTRICT Richard Solbrig, General Manager Dale Rise, President James R. Jones, Director BOARD MEMBERS Paul Sciuto, Assistant General Manager Mary Lou Mosbacher, Vice President Eric W. Schafer, Director Chris Cefalu, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT MAY 6, 2010 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, May 6, 2010, 2:10 P.M., District Office, 1275 Meadow Crest Drive, South Lake Tahoe, CA BOARD OF DIRECTORS: President Rise, Directors Mosbacher, Schafer. Director Cefalu arrived at 2:22 p.m. Director Jones was excused for District business. STAFF: Solbrig, Sharp, Sciuto, Hughes, Bledsoe, W. Stanley, Brown, Curtis, Attorney Herrema. GUESTS: Ernie Claudio, Paul Moniot/Carpenters #1789 Ernie Claudio led the pledge to the flag. Consent Items a. (Extension of Union Contract) and f. (Arrowhead Arsenic Treatment System — Media Changeout) were brought forward for discussion prior to Board action. Moved Schafer / Second Mosbacher /Cefalu Absent / Jones Excused / Passed to approve the Consent Calendar as amended: a. See Consent Items Brought Forward; b. Tahoe Meadows Water Main Extension — (1) Accepted Grant of Easement from Alfred C. and Mary Elizabeth Schmidt Living Trust; (2) Accepted Grant of Easement from Tahoe Meadows; (3) Adopted Resolution No. 2880-10 accepting the Tahoe Water Main Extension; and (4) Directed staff to record easements and Certificate of Acceptance; ROLL CALL PLEDGE OF ALLEGIANCE CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR CONSENT CALENDAR REGULAR BOARD MEETING MINUTES - MAY 6, 2010 PAGE - 2 c. Diamond Valley Ranch Pipeline: Phase 1 - Authorized an increase to Purchase Order P22080 for additional engineering services during the design and construction, in the amount of $10,800; d. Luther Pass Pump Station Standby Power Generator Facility - Approved the "Purchase and Sale Agreement (For Potential Land Coverage Rights)" for the purchase and transfer of 1,245 square feet of potential land coverage rights from the California Tahoe Conservancy to the District property located at 3755 Grass Lake Road, El Dorado County, California (APN 036-370-35) e. Luther Pass Pump Station Standby Power Generator Facility - Authorized execution of the application for custom work - fixed price basis agreement between AT&T and the District, in the amount of $3,415.53; f. See Consent Items Brought Forward; g. Approved amendment to February 4, 2010, Regular Board meeting minutes to include report on closed session action taken. CONSENT CALENDAR (continued) CONSENT ITEMS BROUGHT FORWARD FOR SEPARATE DISCUSSION / BOARD ACTION The arsenic treatment facility utilizes a granular ferric oxide adsorptive media to remove arsenic from the groundwater. This media is very specialized and is only provided by two companies at comparable costs (Severn Trent and Siemanns), therefore going to bid will not result in a competitive advantage. Legal counsel recommended the Board make a special con- sideration under the purchasing policy and find that the arsenic treatment facility utilizes a granular ferric oxide adsorptive media to remove arsenic from the groundwater. This media is very specialized and is only provided by two companies at comparable cost (Severn Trent and Siemens). Pursuant to the District's contract with Severn Trent for the purchase of the treatment system and present media, which was competitively bid, under the present circumstances, the District is given a 14% discount on media from Severn Trent's regular retail prices. The Board finds that, based on its present contract with Severn Trent and the discount, kie special circumstances exist such that competitive proposals for the purchase of the media would not produce an advan- tage and it is in the District's best interest to purchase the media without competitive bidding. ARROWHEAD ARSENIC TREAT- MENT SYSTEM - MEDIA CHANGE OUT (Consent Item f.) REGULAR BOARD MEETING MINUTES - MAY 6, 2010 PAGE -3 Moved Mosbacher / Second Schafer / Cefalu Absent / Jones Excused / Passed to approve findings described above, and accept proposal from Severn Trent Water Purification, Inc. for the purchase of three hundred forty two (342) cubic feet of Bayoxide` E33 adsorp- tive media, in the amount of $60,238.19 (2:22 P.M. - Director Cefalu arrived at this point.) Pursuant to Section 54957(a) of the California Government Code, the Board adjourned to closed session at 2:25 p.m. to discuss this item with labor negotiators, and reconvened at 3:10 p.m. Moved Schafer / Second Mosbacher / Jones Excused / Passed to: (1) Approve Letter of Understanding extend- ing the Union contract one year to June 22, 2011, and (2) Authorize execution of same. ARROWHEAD ARSENIC TREAT- MENT SYSTEM — MEDIA CHANGE OUT (Consent Item f. — continued) EXTENSION OF UNION CONTRACT (Consent Item a.) ITEMS FOR BOARD ACTION A request was received from District customer to extend the Angora service charge waiver expiring March 31, 2010. The property was leveled in the Angora fire and due to unforeseen circumstances, cannot be rebuilt at this time. After reviewing options, the sewer units to this property will be placed in excess, and no charges will be billed to this account for sewer until the customer decides to rebuild. (This was also offered to other customers in the burn area who have not rebuilt.) Water charges will resume with the April billing. This customer requested the Board waive the water fees. A three year waiver was already granted, plus sewer billing has been suspended. Further extensions would set an undesirable precedent. Moved Schafer / Second Cefalu / Mosbacher Voted No / Jones Excused / Passed to deny request to waive water service charges. The District filed a letter of objection and outlined concerns regarding the redevelop plan prior to the joint public hearing the City held on April 6. Concerns included: the loss of property tax increment over the life of the redevelopment project; the funding mechanism for improvements to the Lukins water system, particularly fire protection; use of public funds for improvement to a private water company; District projects within the area and use of pass-through funds; and the overall PROPERTY LOCATED ON MT. DIABLO CIRCLE: APN 033-451-02 CITY REDEVELOPMENT AGENCY PROJECT NO. 2 REGULAR BOARD MEETING MINUTES - MAY 6, 2010 PAGE - 4 size of the redevelopment area. The El Dorado County CITY REDEVELOPMENT AGENCY Board of Supervisors also sent a letter of objection to PROJECT NO. 2 several components of the plan. (continued) The City Council voted to delay the decision to adopt the plan until May 4, and directed their staff to make some changes to the redevelopment area and to work with the District and El Dorado County to address their concerns. The District and El Dorado County sent a second round of letters of objection, but the council voted 3-1 to adopt the redevelopment project at their May 4 meeting regardless, with only minor boundary changes to the plan. The District received a written response that was adequate to meet the requirements of redevelopment laws pertaining to responses to objections. Discussions will continue between the redevelopment agency, District, and El Dorado County. No Board action. Moved Schafer / Second Cefalu / Jones Excused / Passed to approve payment in the amount of $1,427,355.87. Water and Wastewater Operations Committee Meeting: BOARD MEMBER STANDING ,r The committee met on May 3. Minutes of the meeting COMMITTEE REPORTS are available upon request. Management/Union Medical Plan Negotiations Ad Hoc BOARD MEMBER AD HOC Committee: The committee met April 22 to give further COMMITTEE REPORTS consideration to a wellness program offered by the Principle Group. Job descriptions of positions at the agency will be rewritten to cover the duties performed by the two positions that were eliminated. Richard Solbrig will assist with this process. The next Board meeting is May 12. Director Mosbacher relayed a conversation she had with a plumbing contractor about the use of locals for water meter installations, and Solbrig relayed he had spoke to the contractor and explained that grant requirements prevented use of the local workforce. Supplies and materials will be purchased locally. Director Schafer reported on his attendance at the CASA (California Association of Sanitation Agencies) conference. Topics included: solar facilities, pension kreform, odor control, phosphate supplies, rate setting policies, and the initiative to protect local taxes. EL DORADO COUNTY WATER AGENCY PURVEYOR REPORT BOARD MEMBER REPORTS REGULAR BOARD MEETING MINUTES - MAY 6, 2010 PAGE - 5 General Manager: Richard Solbrig reported as part of the B-line Phase 3 project, the District had to pay a $250,000 mitigation fee to TRPA to cut down some trees along the route. TRPA held a meeting on April 30 to decide how to spend the money. The USFS (United States Forest Service) and CTC (California Tahoe Conservancy) proposed it be spent on restoring Aspen tree communities in stream en- vironment zones, since they are utilized more by wildlife habitat than pine trees. A press release announcing their decision will be issued soon. GENERAL MANAGER REPORT 3:55 — 4:10 P.M. MEETING BREAK AND ADJOURN- MENT TO CLOSED SESSION ACTION / REPORT ON ITEM DISCUSSED DURING CLOSED SESSION No reportable Board action. No reportable Board action. See Page 3 for Board action on this item. No reportable Board action. Pursuant to Government Code Section 54956.9(b)/Conference with Legal Counsel -Anticipated Litigation (One Case) 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. Pursuant to Government Code Section 54957(a)/Conference with Labor Negotiators Agency Negotiators: Richard Solbrig/General Manager, Nancy Hussmann/Human Resources Director, Board of Directors Employee Organization: Stationary Engineers, Local 39 Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel — Existing Litigation re: False Claims Act Case: United States, the States of California, Delaware, Florida, Nevada, and Tennessee and the REGULAR BOARD MEETING MINUTES - MAY 6, 2010 PAGE - 6 Commonwealths of Massachusetts and Virginia ex rel. John Hendrix v. J -M Manufacturing Company, Inc. and Formosa Plastics Corporation, U.S.A., Civil Action No. ED CV06- 0055-GW, United States District Court for the Central District of CA 4:30 P.M. ADJOURNMENT Dale Rise, Board President South Tahoe Public Utility District ATTEST: -��-/ Kathy Sharp Clerk of the Board South Tah6P.Public Utility District r BOARD OF DIRECTORS MEETING GUEST SIGN -IN SHEET IN ACCORDANCE WITH THE BROWN ACT: COMPLETION OF THIS INFORMATION IS VOLUNTARY, NOT MANDATORY, AND IS NOT A PRECONDITION FOR ATTENDANCE.