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12-20-01SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Robert G. Baer, General Mana er Richard Solbd , Assistant Mana er Duane Wallace, President BOARD MEMBER James R. Jones, Vice President REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT DECEMBER 20, 2001 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, December 20, 2001, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: President Wallace, Directors Becker, Jones, Schafer, Mosbacher ROLL CALL STAFF; Baer, Solbrig, Sharp, Henderson, Cocking, Hussmann, Bird, Rieger, Coyner, Rasmussen, Hoggatt, R. Johnson, Brown, Thiel, Garcia, Attorney Kvistad ~: Blaise D'AngelolJWA Consulting, on behalf of the Echo Creek Ranch project, Jon RobbinsANestfalia Separator, Jim ZaiserlJBi, David Ban/Misco, Colin Huppl Tahoe Daily Tribune, Shirley Taylor, Joyce Blackstone, Chris Strohm, John Upton Oaths of Office were administered to Director Cathie Becker, Seat No. 1; Director James R. Jones, Seat No. 2; and Director Eric Schafer, Seat No. 5. OATHS OF OFFICE REGULAR BOARD MEETING MINUTES - DECEMBER 20, 2001 PAGE - 2 Staff requested Consent Item e. (water disconnection on APN 25-241-061 ) be removed, as the situation has been satisfactorily resolved. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR Moved Schafer / Second Jones / Passed Unanimously to approve the Consent Calendar as amended: CONSENT CALENDAR a. Authorized implementation of the two-week disconnection procedures for delinquent sewer and/or water accounts; Authorized implementation of the two-week water discon- nection procedures on APN 23-201-11 for failure to perform annual backflow assembly(ies) test; Co Authorized implementation of the two-week water discon- nection procedures on APN 30-370-04 for failure to perform annual backflow assembly(ies) test; d. Authorized implementation of the two-week water discon- nection procedures on APN 23-251-30; e. Item Removed; fo 2002 Vehicle Purchases - Authorized purchase of four vehicles from the State of California's competitively bid contract in the amount of $93,061.73; go Tahoe Regional Planning Agency (TRPA) Mitigation Payment - Authorized payment to TRPA in the amount of $35,096; Annual Statement of Investment Policy -Adopted Resolution establishing policy for management and investment of District funds; California Compliance with Economic Growth and Tax Relief and Reconciliation Act (EGTRRA) of 2001 - Authorized staff to send letters to the Governor and the California Legislature in support of having California tax law comply with EGTRRA; Prescription Drug Card Plan - (1) Rescinded 11/15/01 Board action authorizing change to Zavidow-Shows Insurance Services Network, Inc., with access to PAID Prescriptions Drug Card Plan; and (2) Authorized continuation of prescription benefits through United Provider Services, Inc.; REGULAR BOARD MEETING MINUTES - DECEMBER 20, 2001 PAGE - 3 South Tahoe Public Utility District Deferred Compen- sation Plan and Trust ("Plan") Restatement - (1) Authorized the Plan Trustees to restate the Plan Document to offer participant's larger voluntary contribution amounts and greater flexibility for distri- butions; (2) Adopted Resolution authorizing amendment to Plan Document; and (3) Authorized the Board President to execute the new adoption agreement and the Plan Document; CONSENT CALENDAR (con't,) Gardner Mountain Site Work / Waterline Replacement & Forest Mountain Site Work - Approved Change Order No. 2 for C. B. Ebright Company, Inc., in the amount of $37,574.78; Keller Tank Replacement Alternatives Evaluation - Approved Task Order No. 1 to Carollo Engineers in the amount $28,000; no November 6, 2001 Consolidated District Election - Approved payment to El Dorado County in the amount of $18,711.48. The Echo Creek Ranch project proponents attended the November 15 Board meeting and gave an overview of their cost-sharing proposal to extend the District's water- line along a portion of South Upper Truckee Road and Old Meyers Grade. REQUEST TO APPEAR BEFORE THE BOARD: BLAISE D'ANGELO, RE: ECHO CREEK RANCH The project proponents then attended the December 17 Operations Committee meeting to discuss two requests: 1) That the District take over the maintenance on the portion of the waterline that will be in the public right-of- way; and 2) If the District would assist financially with the project by funding a portion of the waterline to be located along South Upper Truckee Road. The committee resolved questions regarding building and design, and recommended the District should consider the maintenance proposal but should not participate in the funding aspect of the project. Blaise D'Angelo appeared before the Board with only one request for consideration-- that the Board render a decision regarding maintaining the portion of the waterline that is in the public right-of-way (1,300' on Old Meyers Grade). REGULAR BOARD MEETING MINUTES - DECEMBER 20, 2001 PAGE - 4 Moved Jones / Second Becker / Passed Unanimously to approve the request that the District adopt 1,300' of water- line for maintenance in perpetuity once an agreement outlining each party's responsibilities is developed and found to be acceptable to staff and General Counsel. Moved Jones/Second Schafer/Passed Unanimously to elect Duane Wallace to the office of President of the Board. Moved SchafedSecond Becker/Passed Unanimously to elect Jim Jones to the office of Vice President of the Board. REQUEST TO APPEAR BEFORE THE BOARD: BLAISE D'ANGELO, RE: ECHO CREEK RANCH (con't.) ELECTION OF BOARD PRESIDENT ELECTION OF BOARD VICE PRESIDENT ITEMS FOR BOARD ACTION President Wallace read aloud a letter to the Board from Alpine County resident, Hubert Bruns, with his input on the future of effluent from Tahoe. Shirley Taylor appeared on behalf of Mr. Bruns. Mr. Bruns was under the impression that an agreement had been reached between the Diamond Ditch owners and the District to extend their contracts by twenty years. Staff explained that while various components of the Master Plan are being considered and discussed, no specific component has been adopted by the Board. There is still much more information gathering to be done, and many alternatives to consider before finalizing the Master Plan. Moved Jones / Second Wallace / Passed Unanimously to receive the letter from Mr. Hubert Bruns for consideration in the Master Plan planning process. A reply will be sent to Mr. Brun's letter thanking him for the information and letting him know the District looks forward to working with him in the planning process. Ross Johnson reported bids from three manufacturers were received at the November 9 bid opening. When evaluating the proposals, staff noted that none of the bidders provided the required irrevocable letter of credit with their proposal as required by the contract documents. Staff recommended that the Board STPUD RECYCLED WATER MASTER PLAN CENTRIFUGE REPLACEMENT PROJECT REGULAR BOARD MEETING MINUTES - DECEMBER 20, 2001 PAGE - 5 waive this irregularity since all bidders failed to comply with this requirement and waiving it will not provide any bidder a competitive advantage over the other bidders. CENTRIFUGE REPLACEMENT PROJECT (con't.) District staff believes that the bids submitted by Andritz- Ruther, Inc. and Alfa Laval are not responsive for various reasons including, but not limited to, failure to submit a fully executed bid bond and qualifying/changing the terms of the Contract Documents upon which the Contract would be awarded. Accordingly, staff recom- mended that those two bids be rejected and award the bid to Westfalia, who complied with the specifications as written. David Ban, from Misco, representing Andritz, gave a pre- sentation to the Board outlining several reasons why he felt the Board should rebid the job. Jon Robbins, Westfalia representative, countered Mr. Ban's arguments. District counsel clarified the rules regarding bid irregularities. Moved Wallace / Second Jones / Passed Unanimously to: (1) Waive failure of all bidders to provide an irrevocable letter of credit with their proposals; (2) Require irrevocable letter of credit to be submitted with other documents after award of contract; (3) Reject bid submitted by Andritz- Ruthner, Inc. for failure to submit a fully executed bid bond; and (4) Award contract to Westfalia Seperator, Inc. in the amount of $676, 687.50. Lisa Coyner reported that it is staff's recommendation to eliminate the need for the Board to approve disconnec-, tions--- that it is a routine duty and should be done at staff level. A survey of similar agencies showed that the District was the only agency who includes their disconnec- tions on an agenda for Board approval. Coyner distributed a list of all the steps that take place before a customer is eventually placed on a disconnection list. Ample oppor- tunities are provided for the customer to pay past due amounts. WATER AND/OR SEWER DISCONNECTION PROCEDURES The Planning Committee met December 10 to discuss this issue but could not reach agreement. A lengthy discussion of the pros and cons of this issue followed. REGULAR BOARD MEETING MINUTES - DECEMBER 20, 2001 PAGE - 6 Moved Jones / Second Schafer / Mosbacher Voted No / Passed to authorize staff to implement disconnection procedures without Board action and directed staff to develop an Ordinance amending the Administrative Code for consideration at the next Regular Board meeting. Moved Jones / Second Schafer / Passed Unanimously to approve payment in the amount of $578,011.72. Finance Committee: The committee met December 20. Minutes of the meeting are available upon request. Water and Wastewater Operations Committee: The committee met December 17. Minutes of the meeting are available upon request. Planning Committee: The committee met December 19 with ranchers in Alpine County. Lahontan and Nevada EPA also attended. Federal Legislative Ad Hoc Committee: The Wilderness Coalition is attempting to designate certain areas as "wilderness" areas where public access would be restricted. Some of the District's pipelines are located in those areas, which would mean if the coalition is success- ful, the District's ability to repair and maintain its facilities would be impacted. Efforts are underway to oppose their plan. Director Mosbacher reported on her attendance at the Employee Communications Committee Meeting held December 12. President Wallace stated he is watching the TPRA thres- holds. The Water Quality Coalition helped to convince TRPA to slow down. General Manager: Robert Baer presented Duane Wallace a plaque thanking him for serving as Board President for 2001. 4:15 - 4:30 P.M. 4:30 P.M. WATER AND/OR SEWER DISCONNECTION PROCEDURES (con't.) PAYMENT OF CLAIMS BOARD MEMBER STANDING COMMITTEE REPORTS BOARD MEMBER AD HOC COMMITTEE REPORTS BOARD MEMBER REPORTS GENERAL MANAGER / STAFF REPORTS MEETING BREAK ADJOURNMENT TO CLOSED SESSION REGULAR BOARD M-=~.~iNG MINUTES - DECEMBER 20, 2001 PAGE - 7 5:15 P.M. RECONVENE TO REGULAR SESSION ACTION / REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION No reportable Board action. Pursuant to Government Code Section 54956.8/Conference with Real Property Negotiators - Negotiating Parties: Board of Directors, Robert Baer/General Manager. Under Negotiation: Consideration of Property Purchase; Property Identification: APN 1-080-80, APN 1-080-81, APN 1-080-82, APN 1-080-56, APN 1-080-60, APN 1-200-01, APN 1-200-10, APN 1-200-11 No reportable Board action. Pursuant to Government Code Section 54956.(a)/Conference with Legal Counsel - Existing Litigation: F. Heise Land & Livestock Com- pany vs. STPUD and Does 1 through 10 Inclusive; Alpine County Superior Court Case No. C18644 No reportable Board action. Pursuant to Government Code Section 54956.(a)/Conference with Legal Counsel - Existing Litigation: F. Heise Land & Livestock Com- pany vs. STPUD and Does 1 through 10 Inclusive; Alpine County Superior Court Case No. 18733 No reportable Board action. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation: STPUD vs. ARCO, et. al., San Francisco County Superior Court Case No. 999128 REGULAR BOARD MEETING MINUTES - DECEMBER 20, 2001 PAGE - 8 No reportable Board action. 5:15 P.M. Pursuant to Government Code Section 54956.9(a)lConference with Legal Counsel - Existing Litigation: STPUD vs. Lakeside Park Associa- tion, et al, County of El Dorado, Superior Court Case No. SC20010165 ADJOURNMENT ~-o~ Dukane Wallace, Board/President S~lth Tahoe Publi~lity District ATTEST: ,~ ~--~-'-~/~ ~/'-~'~J' ~ Kathy Sharto~,~_ lerk of the I~oard South Tahoe Public Utility District z 0 zz o_< o~ o 0 0 zz 0 o z