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05-18-00SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Robert General Christopher H. Strohm, President BOARD MEMBERS Richard Ass Pembroke Gochnauer, Vice President Duane Wallace, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT MAY 18, 2000 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a Regular Session, May 18, 2000, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: President Strohm, Directors Wallace, Jones, Gochnauer. Director Mosbacher was absent due to medical reasons. ROLL CALL STAFF: Baer, Solbrig, Sharp, Henderson, Reid, Noble, Hoggatt, Zaninovich, Thiel, Brown, Cocking, Attorney Kvistad. GUESTS: Al Wokas, P.E., Minette Flynn, Joseph Flynn, David Kelly, Joyce Blackstone. Minette Flynn requested a breakdown of costs to prepare the annual CAFR, and the presentation regarding Ward- Young's recommendations for an administration building. Al Wokas distributed a copy of an article regarding leaking fuel storage systems. The article supports Mr. Wokas' concept that MTBE in gasoline is not a problem, it is the leaking storage and dispensing systems used for gasoline that are the real culprits. He has invented a solution to ground pollution: a dispensing system that does not re- quire the use of underground piping. COMMENTS FROM THE AUDIENCE COMMENTS FROM THE AUDIENCE STl11026 REGULAR BOARD MEETING MINUTES - MAY 18, 2000 PAGE - 2 Three items for Board action (pertaining to the Gardner Mountain Well) were added by an addendum to the agenda. All noticing requirements were met. Consent Items b., c., and d., were brought forward for discussion prior to Board action. Moved Jones/Second Gochnauer/Mosbacher Absent/ Passed to approve the Consent Calendar as amended: a. Liability Claim: Quick - Rejected claim; b. Rate Amendment Ordinance - See Consent Items Brought Forward; c. Sewer Enterprise Fund Budget: Fiscal Year 2000-01 - See Consent Items Brought Forward; d. Water Enterprise Fund Budget: - Fiscal Year 2000-01 - See Consent Items Brought Forward; e. Echo View Well: Well Abandonment Agreement - Authorized execution of agreement; f. Approved Special Board Meeting Minutes: May 5, 2000. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR CONSENT CALENDAR CONSENT ITEMS BROUGHT FORWARD FOR DISCUSSION I BOARD ACTION (Consent Items b., c., and d., were combined for the purpose of this discussion and vote.) David Kelly opposed the rate increases for the segment of the community he represents. He encouraged the Board to consider funding fire protection for Hwy. 89. Joyce Blackstone commended the Board and staff for keeping the rate increases to a minimum. Minette Flynn relayed two ideas for the Board to consider: 1) Creating two shifts for employees who use the adminis- tration building may eliminate the need for a new building; 2) In addition to sending bills to landlords, send duplicate bills to tenants to make them more aware of sewer/water costs. (Deborah Henderson, Accounting Tech., responded the District currently offers that service upon request.) RATE AMENDMENT ORDINANCE (Consent Item b.) SEWER ENTERPRISE FUND BUDGET: FISCAL YEAR 2000-01 (Consent Item c.) WATER ENTERPRISE FUND BUDGET: FISCAL YEAR 2000-01 (Consent Item d.) STl11027 REGULAR BOARD MEETING MINUTES - MAY 18, 2000 PAGE - 3 Moved Gochnauer/Second JoneslMosbacher Absent/ Passed to: 1) Enact Ordinance No. 475-00, amending Ordinance No. 464, Administrative Code Sections 3.1.49, 3.1.50, 3.1.53, 3.1.54 and 4.5.12 and superseding Ordinance Nos. 468-99 and 470-99 in their entirety; 2) Adopt Resolution No. 2705-00 adopting the budget for the Sewer Enterprise Fund; and 3) Adopt Resolution No. 2706-00 adopting the budget for the Water Enterprise Fund. Consent Items b., c., and d. (con't.) ITEMS FOR BOARD ACTION John Thiel reported three bids were received for this project at the May 17 bid opening. Moved Strohm/Second Gochnauer/Mosbacher Absent/ Passed to award contract to the lowest responsive, responsible bidder, Thomas Haen Company, Inc., in the amount of $296,070.00. John Thiel reported two bids were received for this project at the May 16 bid opening. Moved Gochnauer/Second Jones/Mosbacher Absent/ Passed to award contract to the lowest responsive, responsible bidder, Wm. A. Barron Co., in the amount of $32,057.71. Linda Brown, on behalf of Rick Hydrick, reported requests for bids were sent to 21 firms; four proposals were received from three bidders. She recommended the lowest bid, received from Grove Madsen Industries, be rejected as non-responsive (the bid was for a 6-pulse VFD unit, not the 18-pulse unit required in the specifica- tions). She also noted all bidders omitted information from their bids and were provided additional time to gather information. Moved Strohm/Second Jones/Mosbacher Absent/Passed to award the bid to the second lowest responsive, respon- sible bidder, Grove Madsen Industries, in the amount of $78,500, contingent that they provide references and verify that dimension specifications can be met. If the information does not check out or it is not forthcoming within five days, authorize an exception to the third lowest bidder, Robicon Corp., for the terms and condition changes and award bid to them. RAILROAD TANK SITEWORK AND FOREST MOUNTAIN TANK SITE- WORK AND PUMP STATION FOREST MOUNTAIN FIRE PUMP BIJOU SEWER PUMP STATION UPGRADE: VARIABLE FREQUENCY DRIVE STl11028 REGULAR BOARD MEETING MINUTES - MAY 18, 2000 PAGE - 4 Brown clarified that the contingency motion does not pro- vide a competitive advantage to any bidder. Moved Wallace/Second Jones/Mosbacher Absent/Passed to approve payment in the amount of $618,742.92. Nick Zaninovich reported staff is developing a plan to put the well on-line on a temporary basis until the permanent components can be installed under contract. Moved Jones/Second Gochnauer/Mosbacher Absent/ Passed to authorize staff to advertise for bids for well improvements, Nick Zaninovich reported staff is preparing plans, specific- ations, and contract documents for the permanent com- pletion of the well. In order to get the well on-line as soon as possible, staff proposes to pre-purchase equipment to enable crews to operate the well at an approximate output of 400 gpm until permanent improvements are completed by a contractor. Moved Strohm/Second Gochnauer/Mosbacher Absent/ Passed to authorize staff to pre-purchase equipment for temporary well operations. Moved Gochnauer/Second Strohm/Mosbacher Absent/ Passed to approve Task Order No. 8 to Western Botanical Services for the revegetation near the Red Barn in an estimated amount of $2,208. Water and Wastewater Operations Committee: The committee met May 15. Minutes of the meeting are available upon request. Federal Legislative Ad Hoc Committee: Director Wallace reported on his recent trip to Washington D. C. and his testimony on behalf of the Lake Tahoe Restoration Act. Director Jones reported on two items: 1) He reported on his attendance at the two-day Mealey's MTBE conference on May 11. BIJOU SEWER PUMP STATION UPGRADE: VARIABLE FREQUENCY DRIVE (continued) PAYMENT OF CLAIMS GARDNER MOUNTAIN WELL IMPROVEMENTS GARDNER MOUNTAIN WELL OPERATIONAL EQUIPMENT GARDNER MOUNTAIN WELL REVEGETATION BOARD MEMBER STANDING COMMITTEE REPORTS BOARD MEMBER AD HOC COMMITTEE REPORTS BOARD MEMBER REPORTS STl11029 REGULAR BOARD MEETING MINUTES - MAY 18, 2000 PAGE - 5 2) A lawsuit has been filed by several agencies in an attempt to invalidate MTBE secondary MCLs. BOARD MEMBER REPORTS (continued) Director Gochnauer reported on his attendance at the ACWA spring conference. Topics of interest included: conjunctive use (the concept that ground and surface waters should be considered as one issue, not separately), flaws in the Little Hoover Commission's report, TMDLs, and MTBE. General Manager: Bob Baer reported on seven items: 1) David French, ENS Resources, will attend the June 1 Board meeting to familiarize himself with District issues. 2) Senator Leslie will be in South Lake Tahoe on May 19. 3) Lahontan gave a TMDL to the Alpine County Board of Supervisors. 4) The Alpine School District is expanding their facilities and have expressed interest in District-owned property. 5) Scott Brooke sent the District a letter re: application of recycled water in Nevada. 6) A special Board meeting will be held during the week of May 22 re: a proposal for the District to receive water from other water companies. 7) He thanked the Board for the active support they have provided on various District issues. GENERAL MANAGER / STAFF REPORTS Assistant General Manager: Richard Solbrig reported that Phases 1 and 2 of Gardner Mountain Transmission line pro- ject will be advertised for bid the week of May 22. Design work on Phase 3 of the project is underway and will be ad- vertised for bid later this summer. General Counsel: Gary Kvistad reported on two items: 1) There are a number of opportunities to review Lahontan's decision to pursue the TMDL issue at Indian Creek Reservoir. A Senate bill is pending to require EPA to study the science of TMDLs further. 2) Work on the Groundwater Management Plan is continuing. A presentation will be made to the Stakeholders' Advisory Group. Their input will be incorporated into a workshop for the full Board. STlll030 PAGE-6 REGULAR BOARD MEETING MINUTES - MAY t8, 2000 Manager of Customer Service: Diane Noble reported the South Lake Tahoe Redevelopment Agency has named the District in a "friendly" lawsuit in an eminent domain action they are taking on the VanSickle property (the District's easement is located on that property so the District had to be included). This issue will be scheduled for Closed Session on the next Regular Board meeting agenda. GENERAL MANAGER / STAFF REPORTS (continued) 4:00 P.M. MEETING BREAK 4:15 P.M. 5:10 P.M. MEETING RESUMED AND ADJOURNED TO CLOSED SESSION RECONVENE TO REGULAR SESSION ACTION I REPORT ON ITEMS DISCUSSED DURING EXECUTIVE SESSION Diane Noble reported the District prevailed in the court case, in the amount of $16,389. No Board action. Pursuant to Government Code Section 54956.9(a)lConference with Legal Counsel, Existing Litigation: STPUD vs. SIERRA CAL Lodge, U.S. Bankruptcy Court, Sacramento Division, Case No. 96-25693-C-11 Legal counsel updated the Board regarding this item. No Board action. Pursuant to Government Code Section 54956.9(b)/Conference with Legal Counsel re: Pending Litigation (one case) Legal counsel and staff updated the Board regarding this item. No Board action. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel, Existing Litigation: Mountain Cascade Inc., and Valley Engineers, Inc. vs. STPUD Board of Directors and STPUD, County of El Dorado, Superior Court Case No. SC20000050 STl11031 REGULAR BOARD MEETING MINUTES - MAY 18, 2000 PAGE - 7 Legal counsel and staff updated the Board regarding this item. No Board action. Pursuant to Government Code Section 54956.8/Conference re: Real Property Negotiations: Agency Negotiators - District Staff {Robert Baer, Richard Solbrig, General Counsel), Board of Directors Under Negotiation - Property Terms Property ID - APN 19-081-09 .. Legal counsel and staff updated the Board regarding this item. No Board action. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel, Existing Litigation: STPUD vs. ARCO, et. al, San Francisco Superior Court Case No. 999128 There was nothing new to report regarding this item. No Board action. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel, Existing Litigation: Schwake vs. STPUD, Federal Case No. CV-N-93-851-DWH 5:10 P.M. ADJOURNMENT ~hh~istopher H. Strohm, Board President South Tahoe Public Utility District ATTEST: ~.~ ~~~/")- ~ I~a{hy ~h~, Clerk of [/he Board South Tat~oe Public Utility District STl11032 DATE: REGULAR 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. STl11033