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2003 09-04SOUTH TAHOE pUBLIC UTILITY DISTRICT "Basic Serwces for a Complex World" Richard Solbrig, General Manager II .11 I -E~--~:- ~-chafe~i Vi~ r P~side'nt' James R. Jones, President BOARD MEMBERS Duane We!lace, Director Mary Lou Mosbacher, Director .................................. T~__;~,,~m~0{ REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT SEPTEMBER 4, 2003 The Board of Directors of the South Tahoe Public Utility District met in a regular session, September 4, 2003, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: President Jones, Directors Schafer, Comte, Mosbacher. Director Wallace was absent. STAFF: Solbdg, Sharp, McFadane, Coyner, Zaninovich, Thiel, Hoggatt, Bergsohn, R. Johnson, Bird, Hydrick, Attorney Kvistad. Dale Smith/Smith Design Group, Dave Beckman/K.G. Walters Construction Consent Item b. was brought forward for discussion prior to Board action. MQved Schafer I Second Comte I Wallace Absent ! Passed to approve the Consent Calendar as amended: aD Surplus Equipment - Authorized Nationwide Auction Systems to sell District surplus equipment at Public Auction; CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR CONSENT CALENDAR b. See Consent Items Brought Forward; Biolsolids Hauling Bid - Awarded contract to the lowest responsive, responsible bidder, Tahoe Basin Container Services, Inc., in the estimated amount of $115,000; CONSENT CALENDAR (continued) PAGE-2 do Materials Testing and Construction Inspection Services for 2003 Construction Season - Approved an amendment to increase Task Order 40D to AMEC Earth and Environmental Inc., to provide services in the amount of $30,000; e. Approved Regular Board Meeting Minutes: August 7, 2003. ' ' ~S ,T $RO F ,s !0" 0 co E ITEM B UGHT ORWARDFORDISCU S IACTi N , , Director Mosbacher received clarification regarding wording in the license agreement. Moved Schafer I Secx)nd Comte I Wallece Absent./ Passed to approve license agreement between the District and the City of South Lake Tahoe allowing monitoring of stormwater detention/infiltration basins for the District's stormwater study. LAKE TAHOE RESTORATION ACT - STORMWATER STUDY (Consent Item b.) The District received a letter from Judy Brown, Mayor of City of South Lake Tahoe, requesting the Board and Distdct staff to consider the linear park project as a park/ recreation project and thus be able to allow water connec- tion at a substantially reduced charge or for no charge. ITEMS FOR BOARD ACTION , LINEAR PARK IRRIGATION The mitigation measure pertaining to potable water and sewer connection fees for recreational purposes in the 1996 Future Connections Plan specifically excludes irriga- tion water. Additionally, statutory requirements precludes the District from giving special consideration to any class of customers. The Distdct has implemented Stage 3 mandatory water restrictions and does not have extra water. Additionally, two of the District wells (Paloma and Bakersf~ld) have been recently shut down due to threat of MTBE. REGULAR BOARD MEETING MINUTES - SEPTEMBER 4, 2003 PAGE - 3 The Operations Committee reviewed this request at their September 2 meeting. The committee and staff developed alternatives to suggest: drip irrigation systems, artificial turf, different types of groundcover, development of nonpotable water supplies, value for value trading, etc. District staff would also be available to provide information regarding rehabilitation of old wells and construction of new wells. LINEAR PARK IRRIGATION (continued) Staff was directed to develop a response to Mayor Brown's request incorporating the suggestions listed above. No Board action. John Thiel reported Task Order No. 3 includes the design development, construction documents, and specifications for the project. Moved Comte / Second Schafer / Wallace Absent I Passed {o approve Task Order No. 3 to Smith Design Group for architectural services in the amount of $326,104. CUSTOMER SERVICE FACILITy,, Dale Smith outlined the bidding and construction schedule. In support of the structural engineering work on the new building, as part of the facility's detailed design, a soils engineering evaluation is required. Task Order No. 44 includes a field investigation, soil borings, laboratory testing, and engineering analysis and reporting. Moved Schafer / Second Comte I Wallace Absent / Passed to approve Task Order No. 44 to AMEC Earth and Environ- mental, Inc., for soils engineering analysis, in an amount not to exceed $10,000. Jim Hoggatt reported three bids were received for this project at the August 20 bid opening. The Iow bidder was K.G. Walters. After the bids were opened, the District received water quality results from the Flagpole Well, which showed arsenic levels three to five times higher than the new federal standards. Based on that information, the bid was not awarded. Since the recent loss of certain wells due to MTBE contamination, staff determined that in order to move this project forward, Flagpole Well would not be constructed at this time. The drilling contractor was directed to cap the well and to move to the Elks Club site to begin drilling as soon as possible. CUSTOMER SERVICE FACILITY FLAGPOLE AND ELKS CLUB WELL CONTROL BUILDINGS REGULAR BOARD MEETING MINUTES - SEPTEMBER 4, 2003 PAGE - 4 Since Flagpole Well will not be completed at this time, there is no longer the need to build the Flagpole Well building. Deletion of that building eliminates over 50% of the bid specifications for the project. FLAGPOLE AND ELKS CLUB WELL CONTROL BUILDINGS (continued) Hoggatt reported due to the critical timing for this project, the District cannot afford the time it would take to rebid the project. In order to meet the water demands for next summer, Elks Club well needs to be into service by June 1, 2004, which cannot be done without having the building in place. Hoggatt recommended all bids be rejected and an emergency be declared to allow for abbreviated bidding procedures. The three bidders, K.G. Walters, Thomas Haen, and White Rock Construc- tion, would be invited to rebid Elks Club by itself. In order to expedite this matter, staff is working around the clock to develop a bid package, with award expected by September 18. Attorney Kvistad reported the scope of the project has been significantly changed. Due to bidding laws, the scope cannot be changed, or modified. If the project were awarded, a change order cannot be submitted that significantly changes the scope of the project after the award if the District was aware that the project had to be changed prior to the award. In this situation, staff is aware that the project must be changed. Since staff became aware of the change prior to award of the project, the only recourse is to reject the bids. Kvistad developed Resolution No. 2776-03 for consideration that takes into account this situation, makes findings, and proposes a schedule for doing an abbreviated bid. Dave Beckman, K.G. Walters Construction, stated his objections to rebidding the project. He suggested the change be handled through a deductive change order. Beckman requested the bid not be rejected, and instead, that the bid schedules be split. He felt rebidding the project would provide an unfair advantage to the competitors since their bid amounts are known. Attorney Kvistad stated that even though there were two bid schedules, the contract documents do not treat them as separate; therefore, they cannot be separated after- wards. Moved Comte I Second Jones / Wallace Absent / Passed to reject all three (3) bids. Kvistad reed Resolution No. 2776-03 aloud. Moved Comte.! Second Jones I Wallace Absent / Passed to adopt Resolution No. 2776-03 declari~,g an emergency and authorizing abbreviated bidding procedures. Moved Comte i Second Mosbachar I Wallace Absent/ Passed to approve payment in the amount of $1,803,836.84. FLAGPOLE AND ELKS CLUB WELL CQNTROL BUILDINGS (continued) PAYMENT OF 0LAIMS Water and Wasteweter Operations Gomrnittee: The committee met September 2. Minutes of the meeting are available upon request. Director Mosbacher reported she received a cell from a gentleman who worked with the Customer Service Manager (Lisa Coyner) to resolve a problem with his sewer lateral. He complemented Lisa for doing a good job. The issues associated with sawer laterals and air test- ing will be more apparent since many more people are doing remodeling, and the lines are aging. Richard Solbrig stated the Distdct will work with the plumbing/ contractor community and hold a stakeholders meeting this fall. Director (~omte reported he received a letter regarding reactivating the El Doredo County Water Purveyors Association. Since the group was disbanded, and water purveyors are now represented on the County Water Agency board, he recommended against participation. Director $chafer complemented Richard Solbrig for his presentation before the TRPA Governing Board on August 27 regarding the B-line Phase 3 pipeline project. Lyn Barnett, TRPA, also did a good job on the District's behalf. Presidertt Jones reported on his attendance at the National Groundwater Association conference. General,Manager: Richard Solbrig reported seven candidates were interviewed August 28 end 29 for the Assistant Manager/Engineer position. Solbrig reviewed the hidng process. BOARD MEMBERS STANDING COMMITTEE RF,..PORT~ . ~- BOARD MEMBER REPORTS GENERAL MANA(~ER REPORT Mprla~er of Water O~)erations: Rick Hydrick reported on the August water production figures. There was an 18% decrease in August's water demand over August 2002. The water conservation efforts have played a big part. Staff will hold a meeting in November to brainstorm ideas how to improve the water conservation program for next year. Hydrick also reported the chemical TBA is now a concem. The District will aim for a zero-detection level. 4:00 - 4:15 P.M. 4:15 P.M. STAFF REPORTS MEETING BREAK ADJOURNED TO CLOSED SESSION , ,, 5:02 P.M. RECONVENED TO REGULAR ,~ESSION ....... ACTION I REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION No reportable Board action, Pursuant to Government Code Section 54956.9(c)/Conference with Legal Counsel - Anticipated Litigation: Pioneer Trail Waterline Replacement Near Filter Plant .... No reportable Bo.ard action. Pursuant to Government Code Section 54956(a)lConference with Legal Counsel- Existing Litigation: STPUD vs. ARCO et. al., San Frandsco County Superior Court (;;ase No..999.1~8 No repo~able BOard ection, Pursuant to Government Code Section 54956(a)iConference with Legal Counsel - Existing Litigation: STPUD vs. F. Heise Land & Live Stock Company, Inc., William Weaver, Eddie R. Snyder, Crockett Enterprises, Inc., CIV S-02-0238 MLS JFM United States Distdct Court for the Eastern Distdct of California, $~cramen.to,.(;;A .. REGULAR BOARD MEETING MINUTES - SEPTEMBER 4, 2003 PAGE - 7 No reportable Board action.,. Pursuant to Government Code Section 54956.9(a)lConfemnce with Legal Counsel - Existing Litigation: Ronald Rasmussen vs. Dr. Bruce Daugherty, Tamarack Rentals, Villa Tahoe Condominiums 1-75, Case No. SC20010082, Superior Court of El Dorado County No reportable Board action, Pursuant to Government Code Section 54956.(a)lConfemnce with Legal Counsel - Existing Litigation: STPUD vs. John Breese Mumford, et al., El Dorado County Supedor Court Case No. SC20020030 No reportable Board action. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation re: Meyers Landfill Site: United States of America vs. El Dorado County and City of South Lake Tahoe and Third Party Defendants, Civil Action No. S-01-1520 LKK GGH, United States District Court for the Eastern District.of Ca. .. NO reportable Board action: Pursuant to Government Code Section 54957.6(a)/Conference with Legal Counsel - Existing Litigation: STPUD vs. Lakeside Park Association, et al., County of El Dorado, Supedor Court Case No. ,$C20010165 5:02 P.M. ADJOURNMEN.T. Jar~es R. Jones, BoRl~d//President ~uth Tahoe Pu~l~i~ity District Kathy Sh'arp,~(~J'erk of the Bc~rd South Tahoe'Public Utility District t~ 0 0 o