05-05-11SOUTH TAHOE PUBLIC UTILITY DISTRICT
Richard Solbrig, General Manager
Paul Sciuto, Assistant General Manager
Dale Rise, President
Chris Cefalu, Director
BOARD MEMBERS Mary Lou Mosbacher, Vice President
James R. Jones, Director Eric W. Schafer, Director
REGULAR MEETING OF THE BOARD OF DIRECTORS
SOUTH TAHOE PUBLIC UTILITY DISTRICT
MAY 5, 2011
MINUTES
BOARD OF DIRECTORS: ROLL CALL
President Rise, Directors Cefalu, Jones, Mosbacher, Schafer
TAF F:
(brig, Sharp, Sciuto, Hughes, Hoggatt, C. Stanley, Thiel,
Ryan, Bledsoe, Cullen, Johnson, Curtis, Attorney Kvistad
GUESTS:
Rob Brueck/Hauge Brueck Engineering, Claude Gunsch,
Lynne Paulson, Patricia Handal, Virginia Mahacek,
John Runnels
Chris Stanley led the pledge to the flag. PLEDGE OF ALLEGIANCE
Patricia Handal relayed her understanding of water meter
rates and water usage. She received misinformation that
led her to believe she would be paying for unused portions
of water. Staff explained the fixed rate portion of the bill,
and the consumption rate portion of the bill.
COMMENTS FROM THE AUDIENCE
Moved Mosbacher / Second Schafer/ Passed Unanimously CONSENT CALENDAR
to approve the Consent Calendar as submitted:
a. MXU's and Water Meters - (1) Authorized exception to
bidding procedures as outlined in the Purchasing Policy
for a sole source purchase of standardized supplies; and
(2) Authorized purchase of Sensus MXU's and meters from
Western Nevada Supply, in the amount of $120,000
including tax and freight;
REGULAR BOARD MEETING MINUTES - MAY 5, 2011 PAGE - 2
C. Secondary Clarifier #1 Drive - (1) Authorized exception CONSENT CALENDAR
to bidding procedures as outlined in the Purchasing (continued)
Policy for a sole source purchase, and requirement for
compatibility with existing equipment; and (2) Approved
purchase of one secondary clarifier drive from OVIVO
Water Technologies, in the amount of $46,667;
c. 2011 Filter Rehabilitation Project - Approved Change
Order No. 1 to ERS Industrial Services, in the amount of
$13,669.68;
d. Headworks Replacement Project Phase 2 - Authorized
payment to the Tahoe Regional Planning Agency in the
amount of $32,019.50 for water quality mitigation fee;
e. BMP and SEZ Restoration Project - Authorized payment
to Liberty Energy in the amount of $30,282 for utility line
extension;
f. Headworks Phase 2 Financing - Authorized Chief
Financial Officer to execute an engagement letter with
Bartle Wells Associates, in the amount of $18,000;
0. Approved Regular Board Meeting Minutes:
April 7, 2011.
ITEM FOR BOARD ACTION
Moved Schafer / Second Cefalu / Passed Unanimously PAYMENT OF CLAIMS
to approve payment in the amount of $1,416,290.85.
The agency met May 4. Topics of discussion included
next year's budget and saving ideas. The agency will
meet w/Bureau of Reclamation regarding Fazio water
to obtain additional water from Folsom Lake.
EL DORADO COUNTY WATER AGENCY
PURVEYOR REPRESENTATIVE REPORT
ITEMS FOR BOARD ACTION
2:30 P.M. Public Meeting
John Thiel gave a PowerPoint presentation covering
the purpose and benefits of the project. Rob Brueck/
Hauge Brueck Engineering, reviewed what was done
to satisfy the CEQA process. He also reviewed site
lection and the revised site plan, and comments re-
eived on the project including responses for each.
GRIZZLY MOUNTAIN BOOSTER STATION
REGULAR BOARD MEETING MINUTES - MAY 5, 2011 PAGE - 3
ailohn Thiel reviewed the schedule, and opened the hear- GRIZZLY MOUNTAIN BOOSTER STATION
Ilfg to receive additional public comments. (continued)
Lynne Paulson relayed her appreciation for the additional
meetings and communications that have occurred since
the April 21 Board Meeting. She requested continued corn-
munications, especially concerning potential operational
noise levels. She also recommended policies be reviewed
so conflicts encountered can be avoided on future projects.
Virginia Mahacek voiced her concerns, which included:
- The short notice period and lack of solicitation of public
input on the project;
- The notice was not postmarked until a week after the
official comment period, which made it difficult to pro-
vide comments;
- The neighborhood meeting was noticed the day of the
meeting (again, too short of notice);
- Her comments were not included or responded to in
the CEQA document, even though she submitted them
in time (regarding grading and drainage).
Additional meetings will be held with neighbors to discuss
etails.
Moved Mosbacher / Second Schafer / Passed Unanimously
to: (1) Adopt the Mitigated Negative Declaration of
Negative Environmental Impact; (2) Approve the project
for implementation; and (3) Authorize the filing of a Notice
of Determination with the State Clearinghouse and El
Dorado County.
President Rise reported he and Director Cefalu met as
the Legal Service Provider Ad Hoc Committee and
explained their recommendation to solicit RFPs (Request
for Proposals) for legal service providers. President Rise also
relayed concerns with Brownstein Hyatt Farber Schreck's
(BHFS) capabilities to meet the District's changing needs,
and dissatisfaction with some performance issues.
Attorney Kvistad reviewed BHFS written report with the
Board and responded to comments received. He also
summarized services provided by BHFS and related
experience, competitive rates, history with the District,
cost saving measures, and value of services provided.
Cirecfor Mosbacher indicated her satisfaction that the
report prepared by Attorney Kvistad was sufficient and
answered all questions.
LEGAL SERVICE PROVIDERS
REGULAR BOARD MEETING MINUTES - MAY 5, 2011 PAGE - 4
serector Jones and Schafer voiced their opposition to LEGAL SERVICE PROVIDERS
oliciting RFPs, and further voiced their satisfaction with (continued)
the performance of Attorneys Kvistad, Herrema, and
BHFS. The cost comparison survey showed legal fees are
within range of others.
President Rise wished to relay additional information in
connection with Closed Session Item a. (J -M Manufac-
turing litigation) and continued the discussion until
afterwards.
No Board action.
Director Schafer reported on his attendance at the CASA
(California Association of Sanitation Agencies) conference
held April 27-29. Topics included: contracts and respon-
sible bidders, workers' comp and employment law, a
student education program, biosolids and costs related to
disposal. The cost to attend the conference totaled $1,172.
President Rise reported on his attendance at the CSDA
(California Special Districts Association Conference) held
May 3-4. One highlight was the legal counsel from East
Say MUD. He suggested staff download their policies to
use as they relate to the District. There were also discus-
sions on transparency and different methods to reach
the public. He reviewed some changes in the law that
may be on the horizon. He will distribute a written report
in two weeks.
BOARD MEMBER REPORTS
Richard Solbrig reported he is improving and thanked GENERAL MANAGER REPORT
staff and the Board for their support during this time.
President Rise pointed out customers were having
difficulty determining their APN numbers as required to
file a Proposition 218 notice, and suggested they be
included next time.
Assistant General Manager/Engineer: Paul Sciuto
reported a few new water meters will be installed as
part of the Grizzly Mountain waterline project; however,
there were no new water meter projects scheduled for
this year. President Rise suggested the District should
supply water meters and meter pits for new construction
to maintain consistency among customers. The customer
dikould be responsible for installation costs. Staff estimated
lbeoing this would result in a $200,000 change order, and
will require further definition and direction by the Board.
BOARD REPORT
STAFF REPORTS
REGULAR BOARD MEETING MINUTES - MAY 5, 2011 PAGE - 5
C:05
- 4:50 P.M. ADJOURNMENT TO CLOSED SESSION
AND RECONVENE TO OPEN SESSION
ACTION / REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION
No reportable Board action.
No reportable Board action.
c
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 Commonwealths of Massachusetts
and Virginia ex rel. John Hendrix v.
J -M Manufacturing Company, Inc.,
and Formosa Plastics Corporation,
U.S.A., Civil Action ED CV06-0055-GW,
United States District Court for the
Central District of California
Pursuant to Government Code
Section 54956.9(a)/Conference with
Legal Counsel - Existing Litigation re:
Los Angeles County Superior Court Case
No. BC459943, State of Nevada, et al.
v. J -M Manufacturing, et al.
ITEMS FOR BOARD ACTION
After the discussion in connection with Closed Session
Item a. (J -M Manufacturing litigation), President Rise
removed this item from consideration and from the
agenda.
No Board action.
LEGAL SERVICE PROVIDERS
4:55 P.M. ADJOURNMENT
CTrEST:
Kathy Shar
erk of the ioard
South Taho- Public Utility District
Dale Rise, Board President
South Tahoe Public Utility District
- -
DATE: t I
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.
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