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03-15-12SOUTH TAHOE PUBLIC UTILITY DISTRICT Richard Solbrig, General Manager Paul Sciuto, Assistant General Manager Eric W. Schafer, President Chris Cefalu, Director BOARD MEMBERS James R. Jones, Vice President Randy Vogelgesang, Director Kelly Sheehan, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT MARCH 15, 2012 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, March 15, 2012, 2:00 p.m., at the District Office, located at 1275 Meadow Crest Drive, South Lake Tahoe, California. BOARD OF DIRECTORS: ROLL CALL President Schafer, Directors Cefalu, Jones, Vogelgesang, Sheehan STAFF: Solbrig, Sharp, Sciuto, Hughes, Cocking, Brown, C. Stanley, Curtis, Nolan, Bird, Rasmussen, Bledsoe, Ryan, Cocking, Johnson, Swain, Van Gorden, Cullen, Hussmann, Attorney Kvistad GUESTS: Rick Lind /EN2 Resources, Inc., Austris Rungis /IEDA, John Runnels, John Cefalu Moved Jones / Second Vogelgesang / Passed Unanimously C ONSENT CALENDAR to approve the Consent Calendar as submitted: a. Alpine County's Summer 2012 Fish Purchases - Authorized payment to Alpine County in the amount of $51,000; b. Rejected liability claim against STPUD Received from Theodore and Janice Ornellas; c. GPS Units and Reporting /Monitoring Services - (1) Approved purchase of 35 GPS units; and (2) Approved one (1) year monitoring service contract from RMJ Technologies, in the total amount of $27,243.51; REGULAR BOARD MEETING MINUTES - MARCH 15, 2012 PAGE - 2 d. Cold Creek Filter Plant and Ralph Tank SEZ Restoration Projects - Extended Northwest Hydraulic Consultants, Inc., contract for consulting services, in the amount of $5,682.04; e. Department of Water Resources Grant Application - Adopted Resolution No. 2906 -12 to the Department of Water Resources for the Integrated Regional Water Management Funding for Tahoe Sierra Integrated Regional Water Management Plan revision; f. Tahoe Regional Planning Agency (TRPA) Memorandum of Understanding - Authorized execution of a new MOU between TRPA and the District; g. Contract for Audit Services - Authorized execution of a three - year contract for audit services with Grant Thornton LLP in the amount of $157,000 plus $3,000 per year for each required program under the single audit. CONSENT CALENDAR (continued) ITEMS FOR BOARD ACTION John Runnels, on behalf of the Citizens Alliance for Responsible Government, sought disclosure of the mailing addresses for District ratepayers, including email addresses, with the intention of providing District customers unbiased information re: District activities, and in particular, about Proposition 218 rate increase notifications. Staff denied his request to release this information in December 2011 since Mr. Runnels did not present any infor- mation demonstrating a public interest in disclosure would be served. Mr. Runnels requested this issue be decided upon by a vote of the Board, and presented his request at the January 19, 2012, Board meeting, where it was discussed at length. It was the consensus of the Board to table this item to the March 15 Board meeting when a full Board was convened. Comments for and against the release of this information were received from staff, legal counsel, Mr. Runnels, John Cefalu, and Board members. The Board reported it had previously discussed that the Proposition 218 notices would be sent separate from the quarterly bill, and include language on the envelope to bring customers' attention to the important rate increase information enclosed. A majority of Board members concluded that based on the information presented, disclosure of customer contact information did not clearly outweigh their right to privacy. Moved Jones / Second Sheehan / Cefalu Voted No / Passed to deny the Public Records Request for release of District rate- payers mailing addresses, and email addresses. REQUEST TO APPEAR BEFORE THE BOARD: PUBLIC RECORDS REQUEST FOR MAILING ADDRESSES FOR THE DISTRICT'S RATEPAYERS REGULAR BOARD MEETING MINUTES - MARCH 15, 2012 PAGE - 3 Staff gave an update on activities underway to address the UPPER TRUCKEE RIVER emergency situation. Problems have been encountered with SEWER LINE PROTECTION the permitting processes from Lahontan and the Army Corps PROJECT of Engineers, and if they cannot be resolved, the project might not be able to be completed within the timeline hoped for. Moved Vogelgesang / Second Jones / Passed Unanimously to continue emergency action declared on January 5, 2012. Due to the unexpected permitting problems and new regulatory UPPER TRUCKEE RIVER agency requirements that were not anticipated as part of the SEWER LINE PROTECTION original scope of work, a cost increase is necessary for added PROJECT engineering services from Northwest Hydraulic. Moved Jones / Second Sheehan / Passed Unanimously to authorize an increase in the amount of $20,162 to Purchase Order P24808 for added environmental permitting services; biological monitoring, revegetation inspection; and post - construction monitoring. The last C -Line hydro feasibility study was completed in June 2001. C -LINE HYDRAULIC POWER Several factors have changed in the interim and power utilities GENERATION FEASIBILITY are under increased pressure to produce renewal energy. ANALYSIS Diamond Valley Ranch improvements are expected to alter the C -line terminus as well as create new power requirements. The first phase of this project will be to perform a condition assessment of the C -Line to determine the remaining useful life and the feasibility of hydro power generation. Based on the outcome of the feasibility study, the contract may move on to design. El Dorado County Water Agency is providing $50,000 funding for the condition assessment, and $50,000 for the design phase of the project. The District received four proposals from engineering consulting firms. Staff ranked and reviewed the proposals and recommended Carollo Engineers to provide engineering design services. Moved Jones / Second Cefalu / Passed Unanimoujy to approve proposal from Carollo Engineers for engineering planning and design services, and allow staff to enter into an agreement with Carollo Engineers to complete this work up to a total contract amount not to exceed $200,000. Staff gave a brief history of the detection level included in the MtBE policy, which was first developed in 1999, and revised in 2003. The policy is more restrictive than EPA and California De- partment of Public Health standards for drinking water. Staff believes that raising the detectable levels to 0.5 ppb will increase operational flexibility of the water system and reduce added DISTRICT METHYL TERTIARY BUTYL ETHER (MtBE) POLICY REGULAR BOARD MEETING MINUTES - MARCH 15, 2012 PAGE - 4 laboratory costs required to maintain the MtBE policy. It will also maintain water quality at a level that is at least 10 times lower than the state and federal maximum contaminant levels. This will allow use of some of the District's drinking water sources that were shut down in the past. Moved Jones / Second Cefalu / Passed Unanimously to authorize revision of the current MtBE policy by allowing the detectable limit to be raised from 0.2 ppb to 0.5 ppb. As part of the dissolution process of redevelopment agencies in California, successor agencies are designated to administer the remaining debts and obligations of the former redevelopment agencies. Each successor agency will have an Oversight Board in place by May 1, 2012. The Oversight Board has a fiduciary responsibility to holders of enforceable obligations and the taxing entities that benefit from the distribution of property tax and other revenue. The Oversight Board is required to direct the successor agency to take certain actions to wind down the affairs of the redevelopment agency. The Oversight Board is composed of seven members; two appointed by the City of South Lake Tahoe, two appointed by the County, one appointed by the largest special district (STPUD), one appointed by the County Superintendent of Schools, and one appointed by the Chancellor of the Community College. Discussion ensued re: whether to appoint a staff person or a Board member. Most of the appointees are elected officials at this point. Since Director Vogelgesang is the Board's liaison to the City of South Lake Tahoe, he agreed to serve on the oversight committee initially, with the possibility of reassigning it to a staff person in the future. Moved Schafer / Second Sheehan / Passed Unanimously to appoint Director Vogelgesang to the Oversight Board of the Successor Agency to the former South Tahoe Redevelopment Agencies. Moved Cefalu / Second Vogelgesang / Passed Unanimously to approve payment in the amount of $1,188,190.76. Water and Wastewater Operations Committee: The committee met March 12. Minutes of the meeting are available upon request. DISTRICT METHYL TERITARY BUTYL ETHER (MtBE) POLICY (continued) APPOINTMENT TO OVER- SIGHT BOARD OF THE SUCCESSOR AGENCY TO THE FORMER SOUTH TAHOE REDEVELOPMENT AGENCIES PAYMENT OF CLAIMS STANDING COMMITTEE REPORTS REGULAR BOARD MEETING MINUTES - MARCH 15, 2012 PAGE - 5 Director Jones reported on his attendance at the recent ACWA (Association of California Water Agencies) Washington D.C. conference. While there, he spoke to various representatives who are willing to assist the District in resolving unexpected permitting problems and new regulatory requirements imposed on the Upper Truckee River sewer line protection project. Director Vogelgesanq stated he was aware that the last Board had considered televising Board meetings and making them available on the internet, but chose not to move forward with it due to costs. He would like to revisit this item again since it appears the Board is moving towards some sort of rate increase, and would like to use a small portion of that money to get a system (such as Granicus) placed on the internet in order to make more information available to the public. It was the consensus of the Board to direct staff to revisit this item after the Public Budget Meeting is held in May. The March 14 Board meeting was cancelled. The District's request for project funding of in -kind services was well received at the staff level. The Board will consider the request at their April 11 meeting. BOARD MEMBER REPORTS EL DORADO COUNTY WATER AGENCY REPORT Richard Solbriq reported a District outreach presentation will be GENERAL MANAGER given to the Kiwanis Club. Additional presentations are planned REPORT during the summer. District Information Officer: Dennis Cocking reported on his attendance at the ACWA Legislative Symposium, and on additional legislative contacts made during the ACWA Washington D.C. trip. He also described in detail the language that would be used on the Proposition 218 mailing envelopes, and on the idea to provide a portion on the ballot to register opposition. It was the consensus of the Board to direct staff to proceed. Staff will send a sample to the Board to allow for further review and comment prior to finalizing the order. Rate information will also be posted on the District's web site and on the internal intranet site as well. STAFF REPORTS 3:45 - 3:50 P.M. MEETING BREAK 3:50 P.M. ADJOURNMENT TO CLOSED SESSION AND RECONVENED TO OPEN SESSION REGULAR BOARD MEETING MINUTES - MARCH 15, 2012 PAGE - 6 ACTION / REPORT ON ITEM DISCUSSED DURING CLOSED SESSION a. Pursuant to Government Code Section 54957(a) /Conference with Labor Negotiators Agency Negotiators: Austris Rungis /IEDA, Richard Solbrig /General Manager, Nancy Hussmann /Human Resources Director, Paul Hughes /Chief Financial Officer Employee Organization: Management Unit No reportable Board action was taken b. Pursuant to Government Code Section 54957(a) /Conference with Labor Negotiators Agency Negotiators: Austris Rungis /IEDA, Richard Solbrig /General Manager, Nancy Hussmann /Human Resources Director, Paul Hughes /Chief Financial Officer Employee Organization: Stationary Engineers No reportable Board action was taken. c. Pursuant to Government Code Section 54957 /Public Employee Evaluation Unrepresented Employee Position: General Manager No reportable Board action was taken. 5:20 P.M. ATTEST: RECONVENED TO OPEN SESSION AND ADJOURNMENT Eric W. Schafer, oar President South Tahoe Public Utility District Kathy Shar Jerk of the Board South Tahoe Public Utility District } F- z J 0 cn ZU O Q H0 < • w O Q w� z0 co w =z I- 0 LL j 00 00 H0 ww as 2a 0E- UO F- Z U Q - z0 Z o a • >- me w0 =Q HO =z IQ zZ 0 0 U U z