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2002 06-06SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Robert Baer, General Manager Richard Solbrig, Assistant Manager Duane Wallace, President BOARD MEMBERS James R. Jones, Vice President Cathie Becker, Director Max Lou Mosbacher, Director Eric W. Schafer, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT JUNE 6, 2002 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, June 6, 2002, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: President Wallace, Directors Becker and Schafer. Directors Jones and Mosbacher were absent. ROLL CALL STAFF: Baer, Callian, Henderson, Cocking, Hussmann, Hoggatt, Schroeder, S. Gray, Swain, Thiel, Hydrick, and Attorney Kvistad. Consent Item g. was brought forward for discussion prior to Board action. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR Moved Becker / Second Wallace / Jones and Mosbacher Absent / Passed to approve the Consent Calendar as amended: a. Liability Claim received from Mr. Bryan Nelson, APN 33-501-17-002-01 - Rejected claim in the amount of $132.32; CONSENT CALENDAR REGULAR BOARD MEETING MINUTES - JUNE 6, 2002 PAGE - 2 Delinquent Assessments: Fallen Leaf Lake - Authorized legal counsel to begin foreclosure pro- ceedings on seven (7) Fallen Leaf Lake Assessment District properties in arrears on their assessments, as provided by Resolution No. 2536, adopted July 16, 1990; Sewer Enterprise 2002-03 Appropriations Subject to Limitation - Adopted Resolution No. 2743-02 setting the Limitation on Appropriations for Fiscal Year 2002-03; Gardner Mountain Tank Replacement Project - Authorized staff to advertise for bids Sludge Handling Facilities and Odor Control Project - Approved Consultant Services Agreement with Tahoe Regional Planning Agency for services of Michael Rhoades in an amount not to exceed $5,000; Glenwood Well Building and Equipment - Approved Task Order No. 3 to Haen Engineering to provide the design for the roof replacement in the amount of $700; See Consent Items Brought Forward; Contract for Auditing Services - Authorized a two-year extension to the contract for auditing services with Grant Thornton LLP in the amount of $56,710; Pension Plan Audit - Amended the scope of work in contract for auditing services to include auditing the District's Pension Plan in the amount of $6,500; Approved Regular Board Meeting Minutes: May 2, 2002. CONSENT CALENDAR (continued) CONSENT ITEMS BROUGHT FORWARD FOR DISCUSSION ! ACTION Director Schafer asked for and received clarification regarding reimbursement costs at 110% to Jacobs & Tolhurst Architects. Moved Wallace / Second Schafer / Jones and Mosbacher Absent / Passed to approve Task Order No. 1 to Jacobs & Tolhurst Architects to evaluate the Administration Building to determine if it meets code requirements for seismic and ADA regulations in the amount of $11,000. ADMINISTRATION BUILDING MODIFICATION (Consent Item g.) REGULAR BOARD MEETING MINUTES - JUNE 6, 2002 PAGE - 3 ITEMS FOR BOARD ACTION Carol Swain reported that the selection for the new software replacement had been narrowed down to two vendors. Staff recommended going with Springbrook Software, contingent upon successful negotiations of a contract with them. Sample contracts have been turned over to legal counsel for review and approval. Moved Schafer / Second Becker/Jones and Mosbacher Absent / Passed to authorize staff to negotiate contract with selected utility billing software vendor for software purchase and installation, conversion, and training services in an amount not to exceed $157,000. Ken Schroeder reported that two bids were opened on on June 4. Staff recommended awarding bid to Grove Madsen because they were the only provider that could ensure the delivery of the equipment early enough that staff would be able to install it before next winter. Moved Schafer ! Second Wallace / Jones and Mosbacher Absent/Passed to award bid to Grove Madsen in the amount of $154,000. Baer reported that staff went through the recruitment pro- cess but could not find a person with the qualifications the District desired. Staff recommended using the same consultant the District has used for the past seven years to finish out this construction season. Staff will re-advertise for this position again in the fall. Moved Becker / Second Schafer / Jones and Mosbacher Absent/Passed to approve Task Order No. 40 to AMEC Earth & Environmental, Inc., in an amount not to exceed $118,0OO. Moved Schafer ! Second Becker ! Jones and Mosbacher Absent/Passed to approve payment in the amount of $1,648,694.44. Water and Wastewater Operations Committee: The committee met on June 3. Minutes of the meeting are available upon request. UTILITY BILLING SOFTWARE REPLACEMENT APPROVE PURCHASE OF 480 SWITCHGEAR CONSTRUCTION INSPECTION AND TESTING SERVICES FOR 2002 CONSTRUCTION SEASON PAYMENT OF CLAIMS BOARD MEMBER STANDING COMMITTEE REPORTS President Wallace reported that he and Director Becker attended a retreat. The next scheduled meeting is June 12, 2002. EL DORADO COUNTY WATER AGENCY PURVEYOR REPRE- SENTATIVE REPORT REGULAR BOARD MEETING MINUTES - JUNE 6, 2002 PAGE - 4 Jim Hoggatt clarified the increase for Task Order No. 56-A. He also reported that $61,000 remaining from Task Order No. 55 would be transferred to this task order to partially cover the increase. The entire budget for this project's net effect is an increase of $63,000. Moved Becker/ Second Schafer / Jones and Mosbacher Absent/Passed to increase Task Order No. 56-A to Carrollo Engineers in the amount of $124,000. Jim Hoggatt reported that to expedite Phase 3 of the B- Line construction, the District needed to pay the United States Forest Service for their staff time to review and approve Phase 3 documents. This project could be delayed three to four years without the Collection Agreement. Moved Schafer / Second Becker/ Jones and Mosbacher Absent / Passed to authorize execution of Collection Agreement with the United States Forest Service, in the amount of $10,620, subject to review/approval by legal counsel. Director Becker reported that she had accepted the Molly Award on behalf of the District at the annual Chamber of Commerce Installation Dinner. The District won the Molly under the category of Mission Statements and Slogans for "Helping Hands with Rubber Gloves". Jim Hoggatt/Construction Manager reported that the USFS and Lahontan met on May 23 to present their final comments on the draft EIR. He is concerned that the list of items they submitted will delay the project at least another two years. They have asked the District to look at three possible alternatives for the pipeline route, along with now identifying every tree species, tree height, plants and noxious weeds along the line of construction. He also stressed the importance of going to bid in October or November so that the pipeline, which must be specially made, can be delivered by May 1,2003, so that this pro- ject can be completed in one construction season. Attorney Kvistad reported on two items: 1) Staff met with Dennis Crabb and Leonard Turnbeaugh and there is now consensus on the current status of the contract with Alpine County. The agreement will be submitted to the Board for SLUDGE HANDLING AND ODOR CONTROL FACILITIES PROJECT EXPORT B-LINE: PHASE 3 BOARD MEMBER REPORTS STAFF REPORTS REGULAR BOARD MEETING MINUTES - JUNE 6, 2002 PAGE - 5 review and approval once all the changes have STAFF REPORTS been finalized. (continued) 2) An association of property owners along Ski Run Boulevard will probably approach the Finance Committee about funding a street lighting project for that area. Currently, the District's street and lighting ordinance is set up only as a billing and collection procedure, but the District's organic statute allows it to do street lighting. Attorney Kvistad recommended the Board look into this matter in more detail. Director Schafer commented that the District may need a more long-term strategy on this issue, as new street lighting issues will continue to arise during redevelopment. 3:16 - 3:28 P.M. MEETING BREAK 3:28 P.M. ADJOURNED TO CLOSED SESSION 5:35 P.M. RECONVENED TO REGULAR SESSION ACTION / REPORT ON ITEMS DISCUSSED DURING EXECUTIVE SESSION No reportable Board action No reportable Board action. Pursuant to Government Code Section 54957.6(a)/Conference with Labor Negotiators - Agency Negotiators: Robert Baer/General Manager, Management Committee: Employee Organization: International Union of Operating Engineers, Stationary Local 39 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 REGULAR BOARD MEETING MINUTES - JUNE 6, 2002 PAGE - 6 No reportable Board action Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation: F. Heise Land & Livestock Company vs. STPUD and Does 1 - 10 Inclusive; Alpine County Superior Court Case No. C18644 No reportable Board action No reportable Board action No reportable Board Action No reportable Board Action No reportable Board Action Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation: F. Heise Land & Livestock Company vs. STPUD and Does I - 10 Inclusive; Alpine County Superior Court Case No. C18733 Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel- Existing Litigation: STPUD vs. F. Heise Land & Livestock Com- pany, Inc., William Weaver, Eddie R. Synder, Crockett Enterprises, Inc., CIV. S-02-0238 MLS JFM United States District Court for the Eastern Division of California, Sacramento, CA Pursuant to Government Code Section 54956.9(c)/Conference with Legal Counsel - Anticipated Litigation (one case) 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 Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation re: Meyers Landfill Site: United States of America vs. El Dorado County and City of South Lake Tahoe and Third Party Defendants, Civil Action No. S-01-1520 LKK GGH, United States District Court for the Eastern District of California REGULAR BOARD MEETING MINUTES - JUNE 6, 2002 PAGE - 7 No reportable Board Action 5:35 P.M. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation: STPUD vs. Lakeside Park Association, et al., County of El Dorado, Superior Court Case No. SC20010165 ADJOURNMENT Duane Wallace, Board President South Tahoe Public Utility District ATTEST:.-./~:L.,-~. Kathy Sh~, Clerk of'the B~ard South Tahoe Public Utility District By: Jeri Callian, Assistant. Board Clerk