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03-16-95MINUTES REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT March 16, 1995 The Board of Directors of the South Tahoe Public Utility District met in a regular session March 16, 1995, 4:00 PM, City Council Chambers, 1900 Lake Tahoe Boulevard. BOARD OF DIRECTORS: President Wallace, Directors Strohm, Mason, Jones, Mosbacher ROLL CALL STAFF: Baer, Solbrig, McFarlane, Sharp, Brown, Noble, Garcia, Johnson, Regan, Hydrick, Hoggatt, Hrbacek, Lindsay, Attorney Sare GUESTS: Frank DuQuite/City Council; Sally Taylor/ Tahoe Daily Tribune; Penny Stalls, Sana Lewis, Stephanie Flood, Kim Stalls, Teddy Roundy, Megan Kessinger, Jamie Greenough/ Tahoe Valley School Shop Steward: Not present. COMMENTS FROM THE AUDIENCE Staff requested Consent Item 3 be removed. This item will be presented at the next regular meeting. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR Director Mason requested Consent Item 8 be brought forward for a separate vote. Moved Mosbacher/Second Strohm/Passed Unanimously to approve the Consent Calendar as amended: CONSENT CALENDAR 1) Authorized staff to advertise for bids for Stateline Phase II and Arrowhead Tank Project; 2) Authorized implementation of the two-week disconnection procedures for delinquent sewer and/or water accounts; 4) Authorized staff to advertise for bids for Paloma and Bakersfield Wells Build- ing and equipment; ST056532 REGULAR BO~ HEET~NG H~NUTES - I.I~RCH 26~ ~995 P&~E - 2 5) 6) 7) Adopted Resolution No. 2605/Supporting the adoption by congress of legislation to develop a consistent federal policy for risk assessments; Adopted Resolution No. 2606/Supporting the adoption by congress of legislation to ensure that the constitutional rights of private property owners are protected by the federal government; Adopted Resolution No, 2607/Supporting the adoption by congress of legislation protecting unfunded federal mandates from being imposed on state and local governments. CONSENT CALENDAR (Continued) CONSENT ITEMS BROUGHT FORWARD FOR ACTION/DISCUSSION Director Mason requested this item be brought forward to abstain from voting since he was absent from that meeting. REGULAR BOARD MEETING MINUTES: 2/16/95 (Consent Item 8) Moved Jones/Second Strohm/Mason Abstained/ Passed to adopt Regular Board Meeting Minutes: February 16, 1995 ITEMS FOR BOARD ACTION Presented by Linda Brown. Moved Mason/Second Jones/Passed Unanimously to authorize purchase of four vehicles in the amount of $74,596.68. PUBLIC HEARING 4:15 PM PUBLIC HEARING President Wallace opened the Public Hearing at 4:15 PM. Richard Solbrig reported the EA/Negative Declaration has been prepared for the pro- ject. Neighborhood meetings have been held, this pubic hearing is an extra opportunity RECEIVE PUBLIC COMMENT REGARDING ARROWHEAD WATER TANK NEGATIVE DECLARATION/ ENVIRONMENTAL ASSESSMENT Open Hearinq Staff Report ST056533 REGULAR BO~ MRET~NG ~NUTES - I~,RCH ~6~ ~995 P~E - 3 for the public to voice concerns with the project. The document is in circulation now, the public review period ends 3/30/95, then it will be brought before the Board for certification. Comments received will be included in the document. Advertising for the sitework will begin next week. The project schedule is being accelerated so all phases can be completed before the end of the construction season. None. None. President Wallace closed the Public Hearing at 4:30 PM. Staff reviewed events of a recent spill at Johnson Pump Station. A power outage occurred and the generator failed to start due to a faulty battery cable. Improvements were outlined that will help lessen the chances of a similar occurrence. Students from Jamie Greenough's class from the Tahoe Valley Elementary School were present to gain a better understanding of the spill's impact to the lake. Manager Baer gave a presentation to demonstrate the amount of nitrogen that reached lake. PUBLIC HEARING (Continued) Public Comments Board Member Comments Close Hearing STAFF REPORT PUBLIC HEARING 5:05 PM PUBLIC HEARING President Wallace opened the Public Hearing at 5:05 PM. Diane Noble reviewed alternatives explored in researching amendments to this ordinance. Staff's recommendation to determine actual water usage is to monitor usage by reading the meter on an average day during the peak month over a three year period. None. RECEIVE PUBLIC COMMENT AND ENACT ORDINANCE NO. 452 AMENDING ORDINANCE NOS. 360, 413, AND 439 REGARDING WATER CONNECTION RATES Open Hearinq Staff Report Public Comments ST056534 REGULAR BO~D HEETING HINUTES - I~,RCH ~6~ ~995 P~GE - 4 The Board discussed monitoring over a three year period versus a two year period and recommended changing Sentence 4 of Section 3. D. to read "Said evaluation will be complete within two years of the date of actual service." Moved Strohm/Second Jones/Mason and Mosbacher Voted No to enact the ordinance as presented and directed staff to bring back before the Board with amended language. President Wallace closed the Public Hearing 5:52 PM. Board Member Comments Enact Ordinance Close Hearinq MEETING BREAK MEETING RESUMED 5:52 PM 6:10 PM ITEMS FOR BOARD ACTION Moved Mason/Second Jones/Passed Unanimously to reject claim. Richard Solbrig reported after reviewing the proposals received, staff and the electrical engineer strongly recommends awarding contract to Nevada Energy Systems. Although their proposal costs more, the original designer and builder of the generator is now employed by that firm. The District will benefit by his direct knowledge of the unit. His proposal includes several items not covered by any other proposal. This item was reviewed by the Operations Committee. R.G. HOLMAN EMERGENCY POWER PROJECT Moved Mason/Second Jones/Passed Unanimously to award service and warranty contract on 1600 kW generator to Nevada Energy Systems in the amount of $27,336.00. Richard Solbrig recommended the award of bid to the lowest bidder, Stuart and Steven- son, be declared unresponsive and withdrawn. The bidder submitted a bid based upon using an alternate method to provide power to the generators. The alternative proposal is not equal to what was originally specified. This item was reviewed by the Operations Committee. EMERGENCY STANDBY POWER ST056535 REGULAR BOARD MEETING MINUTES - MARCH 16, 1995 P~GE - 5 Moved Mason/Second Mosbacher/Passed Unanimously to: A) Withdraw bid awarded for 2400 kW unit to Stuart and Stevenson on February 16, 1995; and B) Authorized staff to readvertise for bids. Staff reported the EDCWA is considering spending money on "works" which is a possible violation of the tentative decision reached by Judge Littrell. The District sent a letter protesting the expenditure of this money. The EDCWA will meet again on March 21st to consider this further. On March 28th, the purveyor managers will make a presentation to the EDCWA Board regarding roles and functions recommenda- tions. EMERGENCY STANDBY POWER (Continued) EL DORADO COUNTY WATER AGENCY'S (EDCWA) REQUEST in FOR CONSIDERATION OF $117,624 PAYMENT TO COUNTY GENERAL FUND FOR PROPERTIES PURCHASED ON BEHALF OF THE EDCWA IN THE TEXAS HILL RESERVOIR SITE No Board Action.. Moved Jones/Second Strohm/Mason Abstained/ PAYMENT OF CLAIMS Passed to approve payment in the amount oI $466,913.00. Director Mason abstained from voting due to a potential financial conflict. Moved Strohm/Second Mason/Passed Unanimously ALPINE COUNTY FACILITIES to approve addition of Action Item No. 7/ Alpine County Facilities - Great Emergency to the Agenda. In accordance with Public Contracts Code Section 55050, Attorney Sare determined soliciting for bids would indeed impact progress of needed repairs by establishing: A) That the tasks assigned to the contrac- tors are an intricle part of the whole construction; B) None of the individual tasks can go to bid without impacting the entire project; C) That by going to bid on any portion of the tasks, it would delay the project to the point where it would continue to impact neighboring properties by causing damage; D) That continued endan- germent to the rest of the structure is likely; and E) The District will fail to meet its obligations on 4/1/95 to water users. ST056536 REGULAR BOARD M~ETING MINUTES - M~RCH 16, 1995 PAGE Construction Manager Hoggatt showed video tapes of the destruction to the Alpine County channels. (The tapes, titled 3/10/95 Alpine County Flood, and 3/15/95 Alpine County AGRA Evaluation of Lower Harvey, be- come a part of these minutes by reference herein as Attachment 1.) Hoggatt estimated that three contracts are necessary to complete the scope-of-work: Thomas Haen Company - in an amount not to exceed $75,000 for repairs to grouted rip-rap and clean out of the upper Harvey ditch. Winn Ditch - in an amount not to exceed $150,000 for repairs to lower Harvey and Diamond Ditch. AGRA Earth & Environmental - in an amount not to exceed $10,000 to monitor backfill needed for repair of the ditch, to take compaction tests and ensure standards. A recommendation to concrete line 800' of the ditch is expected from a soils engineer. When the recommendation is received, staff will then request a special board meeting for authorization to proceed. Public Contract Code, Section 55050, Sub- heading 2 states: "Before governing body takes any action pursuant to Paragraph 1, it shall make a finding based on substantial evidence set forth in the minutes of this meeting that the emergency will not permit a delay resulting from a competitive solicitation for bids and that the action is necessary to respond to the emergency." Moved Strohm/Second Jones/Passed Unanimously that the Board has determined that substantial evidence has been presented to authorize this Board to make an exception to the public con- tract code. Moved Jones/Second Mason/Passed Unanimously to authorize agreements be entered into with three contracts to carry on the work as out- lined. ALPINE COUNTY FACILITIES (Continued) ST056537 REGUt)~ BOARD HEETING H~NUTES - l.l~,R~ 16, ~995 Rhonda McFarlane reported efforts are underway to declare Alpine County a disaster area. This is the first step necessary to obtain FEMA funding for repairs to the facilities. Finance Committee: Director Strohm reported the committee has spent many hours working on and reviewing the proposed budget. PAGE - 7 ALPINE COUNTY FACILITIES (Continued) BOARD MEMBER STANDING COMMITTEE REPORTS Water and Wastewater Operations Committee: A committee meeting was held on March 15th in conjunction with several participating agencies to discuss design and construction methods for Highway 50 water main replace- ments. The committee also met prior to the Board meeting and discussed the items pre- sented on the Agenda. Planninq Committee: The comment period for the Future Connections Facility Plan EIR/ EIS ends March 20th. President Wallace pointed out that there is no relation between the recent spill and the capacity of the wastewater treatment plant. Executive Committee:. The committee met re- garding management MOU negotiations and will make a report during Executive Session. citizens Advisory Committee: The committee met and is presently awaiting the results of the questionnaire sent to gauge interest in forming a citizens Advisory Committee. Director Jones stated he will attend ACWA's Legislative Seminar on April 5th. Manaqer: BOARD MEMBER REPORTS STAFF REPORTS Manager Baer reported on four items: 1) To date, three agencies have submitted comments on the Future Connections Facility Plan EIR/EIS. 2) A brief summary of A1 Tahoe Well Private Owners survey, which indicates the remedies may prove to be quite expensive. The Finance Committee is aware of this expense and has included this in the proposed budget. 3) The Alpine County Contract Commission will meet March 20th. This meeting ST056538 REGULAR BOi~D HEET~NG N~NUTES - I~,~RCH ~6~ L995 PAGE - 8 is held annually to discuss the District's facilities. A topic of discussion will be Sorenson's request to discharge into the District's system. 4) District staff, along with North Tahoe PUD and Tahoe City PUD, will be making a presentation to the TRPA Governing Board explaining what special districts are. Attorney: Dale Sare reported on three items: 1) Two lawyers are leaving his firm. 2) The claim from the person who allegedly tripped in a valve box at Swiss Chalet was dismissed at no cost to the District. 3) In regards to the Schwake Case, the federal judge granted the District's requests. The state court actions that Mr. Schwake brought to the federal court were thrown out. They basically transferred the contract issues of the land back to the judge that oversaw the settlement in Sacramento. If the District does not receive a deed of reconveyance from them showing the District has paid off the note and own the Schwake property, the only alternative is to file a quiet title action and a breach of contract action in state court in Alpine County. 8:05 PM 8:25 PM STAFF REPORTS (Continued) EXECUTIVE SESSION RECONVENE TO REGULAR BOARD MEETING ACTION ON ITEMS DISCUSSED DURING EXECUTIVE SESSION Moved Mason/Second Jones/Passed Unanimously to approve the enhanced benefits for the Assistant Manager to expand the use of District vehicle to mirror the General Manager's benefit, and to add one addi- tional week of vacation to the current level. 8:30 PM MANAGEMENT CONTRACT (MOU) ADJOURNMENT ST056539 REGULAR BOARD MEETING MI~OTES - MARCH 16, 1995 PAGE - 9 P~es-4'de-nt of Board Duane Wallace, South Tahoe Public Utility District Kathy S~, Clerk o~ Board South T~Fnfoe Public Utility District ST056540 BOARD MEETING DATE: GUEST SIGN-IN SHEET COMPLETION OF THIS INFORMATION IS VOLUNTARY, NOT MANDATORY, AND IS NOT A PRECONDITION FOR ATTENDANCE, IN ACCORDANCE WITH THE BROWN ACT. 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