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11-04-10SOUTH TAHOE PUBLIC UTILITY DISTRICT Richard Solbrig, General Manager Paul Sciuto, Assistant General Manager Dale Rise, President James R. Jones, Director 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 NOVEMBER 4, 2010 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, November 4, 2010, 2:00 P.M., District Office, 1275 Meadow Crest Drive, South Lake Tahoe, CA BOARD OF DIRECTORS: ROLL CALL President Rise, Directors Cefalu, Jones, Mosbacher, Schafer STAFF: Solbrig, Sciuto, Sharp, Hughes, Cocking, Bledsoe, Thiel, Ryan, Bergsohn, Brown, Curtis, Johnson, Attorney Herrema, Attorney Kvistad GUESTS: Larry Singleton John Thiel led the pledge to the flag. PLEDGE OF ALLEGIANCE Moved Schafer / Second Mosbacher / Passed Unanimously CONSENT CALENDAR to approve the Consent Calendar as submitted: a. Alpine County Annual Impact/Mitigation/Compensation - Authorized payment of District's annual mitigation fee to Alpine County in the amount of $112,100; b. Liability Claim Against STPUD Received from Park Tahoe, LP - Rejected claim; c. 2010-2011 Water Rate Study - Approved proposal and authorized execution of a contract with HDR Engineering, in the amount of $49,275; REGULAR BOARD MEETING MINUTES - NOVEMBER 4, 2010 PAGE - 2 d. Headworks Replacement Project - Approved proposal CONSENT CALENDAR from Carollo Engineers for design services, in the amount (continued) not to exceed $296,534; e. Diamond Valley Ranch Permitting Assistance - Authorized an increase to Purchase Order P22728 for additional engineering work for permitting assistance, in the amount of $7,000; f. 2010 Water Meter Installation Project: Phase 2 - Approved Change Order No. 2 to Campbell Construction Company, Inc., in the amount of $45,874.29; g. 2010 Asphalt Patching / Repair Contract - Authorized an increase to Purchase Order P22979 for additional required patch repairs, in the amount of $40,000; h. Purchase 1 Ton Service Truck: Electrical Department - Awarded bid to the lowest responsive, responsible bidder, San Francisco Ford, Lincoln, Mercury, in the amount of $24,803.75; i. Purchase 1/2 Ton Pickup Truck: Pumps Department - Awarded bid to the lowest responsive, responsible bidder, San Francisco Ford, Lincoln, Mercury, in the amount of $20,992.06; J. Purchase Mid -Size Truck: Lab Department - (1) Rejected three lowest bids as non-responsive to bid specifications; (2) Found minor deviation from specification in the fourth lowest bid to be immaterial and waived deviation as such; (3) Awarded bid to the lowest responsive, responsible bidder, San Francisco Ford, Lincoln, Mercury, in the amount of $21,949.06; k. Approved Regular Board Meeting Minutes: October 21, 2010. ITEMS FOR BOARD ACTION On May 20, 2010, a sewer unit count was done at the home located 1989 Marconi Way, and one unreported sewer unit was found. The homeowner, Mr. Singleton, provided proof that the sewer unit was there when he purchased the property; therefore, a connection fee of $4,930 was not applied to his account. A notice was sent to show that $342.12 (three years in back charges) REQUEST TO APPEAR BEFORE THE BOARD RECEIVED FROM LARRY SINGLETON RE: 1989 MARCONI WAY REGULAR BOARD MEETING MINUTES - NOVEMBER 4, 2010 PAGE - 3 would be assessed to his account according to the REQUEST TO APPEAR BEFORE THE District's Administrative Code Section 4.6.7. BOARD RECEIVED FROM LARRY SINGLTON RE: 1989 Mr. Singleton appeared before the Board and requested MARCONI WAY this fee be waived since the sewer unit was in place when (continued) he purchased the home. The Board discussed the intent of the Administrative Code, and that waiving the code could set a precedence for future customers who have unreport- ed sewer units. Moved Rise / Second Mosbacher / Jones Voted No / Passed to waive $342.12 in back charges for Mr. Singleton, and to direct staff to amend the Administrative Code to show that any property owner who can demonstrate the unreported sewer connection existed prior to their purchase of the property will be subject to no fees, charges or penalties, and will only be required to pay the appropriate annual sewer service charge going forward. The Board has retained its current general legal service provider since 1996. Since that time, the District has been involved in several legal challenges that required consistency in legal representation. Discussion was held to determine if comparison of legal service providers is needed at this time. The District's current general counsel, Gary Kvistad, Brownstein Hyatt Farber Schreck, LLP, reported there has been only one rate adjustment in the last four years. He summarized services provided, and his firm's rate structure. The Board discussed the value of institutional knowledge and long-term relationships. It was the consensus of the Board to direct staff to conduct a rate comparison of full service firms to verify current fees paid are within range. No Board action. The District owns the land where the old post office is on Black Bart and Pioneer Trail. The building has been vacant except for storage of old items for five years. There is no sewer or water service to the building and to get utility service would cost approximately $30,000 to $50,000 at prevailing wage rates. The uses for the lot are limited by the TRPA Plan Area Statement. The land is part of the parcel that the emergency retention basins (ERB) are on, so therefore, the District cannot segment and LEGAL SERVICE PROVIDER BLACK BART POST OFFICE REGULAR BOARD MEETING MINUTES - NOVEMBER 4, 2010 PAGE - 4 sell just the area where the building sits. Also, there is no ability to bank or sell the coverage if the improved area is restored. Planning level estimate for demolition of the structure, concrete slab, and paving is approximately $30,000. Revegetation of the area would cost about $10,000. The possibility of using the site as a staging area for the ERB Replacement project was discussed as well other options, such as renting the building for income, using the building for storage, or demolishing the building at the same time some tanks will be demolished. It was the consensus of the Board to direct staff to include money in the 2010/11 budget and decide at that time whether to demolish the building, provide utilities, or utilize the site as a staging area. No Board action. Moved Schafer/ Second Cefalu / Passed Unanimously to approve payment in the amount of $1,736,993.35. 3:35 - 3:50 p.m. This item was added by an addendum to the agenda. All noticing requirements were met. The Yorba Linda Water District (YLWD) was sued in an inverse condemnation action alleging that YLWD pro- vided inadequate water service for fire suppression during a major fire storm. If plaintiffs succeed with this inverse condemnation suit, all water agencies and cities providing water service for fire protection throughout the state of California, could face liability for the Toss of property, structures, and lives in any fire. The YLWD requested that legal counsels for other water districts prepare an Amicus Curia letter to the California Supreme Court in support of their Petition for Review. Moved Schafer / Second Jones / Passed Unanimously to authorize legal counsel to send a letter to the California Supreme Court in support of YLWD's Petition for Review. Water and Wastewater Operations Committee: The committee met on November 1. Minutes of the meeting are available upon request. BLACK BART POST OFFICE (continued) PAYMENT OF CLAIMS MEETING BREAK WATER SUPPLIER FIRE LIABILITY / INVERSE CONDEMNATION BOARD MEMBER STANDING COMMITTEE REPORTS REGULAR BOARD MEETING MINUTES - NOVEMBER 4, 2010 PAGE - 5 Finance Committee: The committee met October 29 at BOARD MEMBER STANDING the request of the City Redevelopment Agency (RDA), and COMMITTEE REPORTS the developer of a low-income multi -family housing project (continued) called the Aspens. The RDA does not have sufficient funds to pay for capacity fees and requested the District allow the capacity charges of $1.1 million be paid through a "soft loan." The soft loans have no security, no payment guarantees, term as long as 55 years, and the potential that the District will never be reimbursed. The committee expressed a desire to help move the project forward, but entering into an unsecured loan arrangement can not be justified. It is up to the RDA to reconsider their request and present a more reasonable proposal. Director Jones will attend the agency's Board meeting on November 10 to continue work on policy revisions. Inter - interviews for the general manager position will be held in closed session that afternoon. EL DORADO COUNTY WATER AGENCY PURVEYOR REPRESENTATIVE REPORT Director Cefalu relayed his idea to roll back capacity BOARD MEMBER REPORTS charge rates to previous levels to stimulate construction. Director Mosbacher reported on her attendance at the Alpine County Board of Supervisors meeting, where District staff gave a presentation. She also viewed the ditches where piping is being installed. Director Schafer reported on highlights from a recent ACWA newsletter. President Rise solicited interest and appointed the following ad hoc committees: Management Contract Ad Hoc Committee (Rise/Schafer) Union Contract Ad Hoc Committee (Rise/Cefalu) Richard Solbriq reported staff met with representatives of Lukins Water Company, and the City of South Lake Tahoe Redevelopment Agency. They discussed the prospect of the District assuming control of the Lukins water system. An ad hoc committee (Jones/Schafer) was appointed to explore the idea. District Information Officer: Dennis Cocking reported on election results, potential congressional committee structures, and potential impacts to the District. GENERAL MANAGER REPORT STAFF REPORTS The Board did not enter into closed session to discuss items ADJOURNMENT listed on the agenda. The meeting was adjourned at 4:55 p.m. REGULAR BOARD MEETING MINUTES - NOVEMBER 4, 2010 PAGE - 6 Dale Rise, Board President South Tahoe Public Utility District ATTEST: �� Kathy Sha lerk of the B'oard South Tahoe Public Utility District DATE: A D v , .. e 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.