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Minutes 05-16-13 S�v-rH rqy�F ,, , ,,, o� ,.�;, - -:�.�, - - - =�°: �eewer • 1950 •`�'�a�et�G� ��C U7ILITY D�S�� SOUTH TAHOE PUBLIC UTILITY DISTRICT Richard Solbri , General Mana er Paul Sciuto, Assistant General Mana er Eric W. Schafer, President BOARD MEMBERS James R. Jones, Vice President Chris Cefalu, Director Randy Vogelgesang, Director Kelly Sheehan, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT MAY 16, 2013 MI N UTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, May 16, 2013, 2:00 p.m., at the District Office, located at 1275 Meadow Crest Drive, South Lake Tahoe, California. BOARD OF DIRECTORS: ROLL CALL President Schafer; Directors Jones, Vogelgesang, Sheehan, Cefalu STAFF: Solbrig, Sciuto, Hughes, Thiel, Bledsoe, Hussmann, Rasmussen, Curtis, Nolan, Bergsohn, Eidam, Attorney Kvistad GUESTS: Brooke Laine/Councilwoman, City of South Lake Tahoe; Patrick Enright/General Counsel, City of South Lake Tahoe; Tim Quinn & Marcia Wulff/Association of California Water Agencies; Kae Reed/Lake Tahoe News; Jennifer Lukins/Lukins Water Company; Kara Thiel/Attorney, Feldman McLaughlin Thiel, LLC; Kevin Lane; Hal Cole; Harry Segal; Dennis Cocking An Addendum to the Agenda (Diamond Valley Ranch Irrigation ADDENDUM TO AGENDA Improvements Project) was received subsequent to the Regular Board meeting agenda being posted. Due to the need for immediate action, it must be passed by a 2/3 vote to add it to this agenda. Moved Cefalu /Second Sheehan / Passed Unanimously to add the Diamond Valley Ranch Irrigation Improvement Project as Item bg. REGULAR BOARD MEETING MINUTES-MAY 16,2013 PAGE-2 Consent Item d. (Meter Project Application to CDPH (California CORRECTIONS TO Department of Public Health) was brought forward for discussion AGENDA OR CONSENT prior to Board action. CALENDAR (continued) Moved Vogel_ec� san_q /Second Cefalu / Passed Unanimously to CONSENT CALENDAR approve the Consent Calendar as amended: a. Temporary Help for Information Systems Department - Approved renewal of contract with Blue Ribbon for a temporary special projects technician, in the estimated amount of $24,400; b. Groundwater Protection Program - DWSPA (Drinking Water Source Protection Area) update -Approved the cost proposal from Gnomon, Inc. to provide professional services needed to update the District's DWSPA datasets, map, and GIS tool, in the estimated amount of $19,750; c. Harrison Avenue Erosion Control Project-Authorized staff to enter into an agreement with the City of South Lake Tahoe to provide the relocation of water and sewer utilities; d. See Consent Item Brought Forward; e. Approved Regular Board Meeting Minutes: April 18, 2013; f. Approved Regular Board Meeting Minutes: May 2, 2013; g. Approved Public Meeting Minutes: May 2, 2013. CONSENT ITEM BROUGHT FORWARD FOR DISCUSSION/SEPARATE BOARD ACTION Staff clarified that the District has the right to accept or reject the METER PROJECT APPLI- loan proposal from CDPH when it is offered, and will CATION TO CDPH provide a recommendation based on the financing terms Consent Item d. offered. Moved Jones /Second Sheehan / Passed Unanimously to adopt Resolution No. 2931-13 to CDPH for the Submission of a Meter Project Funding Application through the Safe Drinking Water State Revolving Fund Program. ITEMS FOR BOARD ACTION The Temporary Water Supply Agreement between the District EXTENSION OF TEMPORARY and Lukins Water Company is scheduled to expire June 1, 2013. WATER SUPPLY AGREE- Staff recommended the agreement be extended through MENT WITH LUKINS WATER August 1, 2013, to allow Lukins to continue providing public and COMPANY REGULAR BOARD MEETING MINUTES-MAY 16,2013 PAGE-3 private fire protection within the Lukins service area utilizing water EXTENSION OF TEMPORARY supplied through the intertie. WATER SUPPLY AGREE- MENT WITH LUKINS WATER COMPANY (continued) Moved Jones /Second Cefalu / Passed Unanimously to approve the First Amendment to the Temporary Water Supply Agreement with Lukins Water Company. The Chateau Construction Agreement TSV (Tahoe Stateline TAHOE STATELINE VENTURE, Venture, LLC) is a modification to the agreement that was pre- LLC -THE CHATEAU pared for Lake Tahoe Development, LLC which was never signed CONSTRUCTION and completed in 2007. This Agreement outlines the construc- AGREEMENT: REDEVELOP- _ tion and dedication of the new waterline and release of the MENT PROJECT 3 public utility easement in preparation for development of six parcels along Highway 50 at Stateline. With this project comes many issues and concerns: there are water and sewer lines constructed around the redevelopment area that are not complete; the current lines in place were never dedicated to the District; the prior and future assessor parcels must match up and be consistent; water supply arrangements must be coordi- nated with Lakeside Park Association; the location of the new waterline needs to be determined; Right-of-ways and easements will be necessary; and, the as-builts for the existing sewer and water lines have yet to be obtained from TSV. Although there is an urgency to proceed with this project as permits expire July 15, 2013, President Schafer requested more information be brought forward at the next Board meeting before a decision is made. Moved Jones /Second Sheehan / Passed Unanimously to bring this item back for discussion at the June 6, 2013, Board meeting. Representatives from ACWA gave a PowerPoint presentation PRESENTATION: ACWA covering the benefits and value of ACWA membership including MEMBERSHIP BENEFITS AND leadership, advocacy, information and service for public water STRATEGIC PLAN agencies throughout the state. A limited number of Tahoe Keys customers are not physically TRANSFER OF TAHOE KEYS connected to the Tahoe Key's primary water distribution system. CUSTOMERS AND ASSETS In order for Tahoe Keys to serve these customers, the District has TO THE SOUTH TAHOE been wholesaling water through a master meter. Tahoe Keys PUBLIC UTILITY DISTRICT proposed to transfer those customers and related assets to the District. In order to complete a transfer the customers must first agree to give up their right to water service from Tahoe Keys and an agreement reached to become District customers, and adhere to all charges in accordance with the District's current REGULAR BOARD MEETING MINUTES-MAY 16,2013 PAGE-4 water rate structure. A signed agreement is also required from TRANSFER OF TAHOE KEYS the Tahoe Keys Property Owners Association. CUSTOMERS AND ASSETS TO THE SOUTH TAHOE PUBLIC UTILITY DISTRICT (continued) Moved Schafer/Second Vogel_ec� san_q / Passed Unanimously to authorize counsel and staff to move forward with the transfer of Tahoe Keys customers and assets to the South Tahoe Public Utility District. Moved Vogel_ec� san_q /Second Sheehan / Jones Voted No to FISCAL YEAR 2013/14 adopt Resolution No. 2929-13, adopting the Fiscal Year 2013/14 SEWER ENTERPRISE FUND Sewer Enterprise Fund Budget in the amount of $23,859,124. BUDGET Jones voted no stating the public would rather see smaller, frequent increases as opposed to larger infrequent increases. Moved Vogel_ec� san_q /Second Cefalu / Jones Voted No to FISCAL YEAR 2013/14 adopt Resolution No. 2930-13, adopting the Fiscal Year 2013/14 WATER ENTERPRISE FUND Water Enterprise Fund Budget in the amount of $15,433,148. BUDGET Jones voted no stating the public would rather see smaller, frequent increases as opposed to larger infrequent increases. Moved Cefalu /Second Sheehan / Passed Unanimously PAYMENT OF CLAIMS to approve payment in the amount of $921,649.60. The District completed its application to the U.S. Army Corp ADDENDUM TO THE of Engineers Nationwide Permit Program for the DVRIIP AGENDA: DIAMOND (Diamond Valley Ranch Irrigation Improvement Project) - VALLEY RANCH Phase 1 . This permit fee is required for the infrastructure IRRIGATION IMPROVE- needed to irrigate 70 acres of District lands using center pivot MENTS PROJECT systems and disinfected recycled water and/or existing fresh water for the cultivation of alfalfa at the Diamond Valley Ranch and is due June 1, 2013. Moved Schafer/Second Sheehan / Passed Unanimously to approve the payment in the amount of $102,600. President Schafer distributed an article "Thoughts on Leader- BOARD MEMBER REPORT ship" and encouraged all to read. He reported on the CASA Conference and directed staff to obtain copies of the Power- Point presentations from the conference if they are available to the public. He also distributed information regarding grant opportunities available through the State Water Quality Control Board. Director Jones reported the next meeting is June 12, 2013. EL DORADO COUNTY WATER AGENCY PURVEYOR REPORT REGULAR BOARD MEETING MINUTES-MAY 16,2013 PAGE-5 Richard Solbria reported the EI Dorado County Water Agency GENERAL MANAGER budget was passed and all District requests were funded. The REPORT August 14, 2013, meeting will be held at the District. Paul Hu__qhes gave an update on the CaIPERS retirement STAFF REPORT program. The PERS Board stated PERS should be a fully funded program in 30 years. 4:35 PM ADJOURNMENT TO CLOSED SESSION ACTION / REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION a. Pursuant to Government Code Section 54956.9(b)/Conference with Legal Counsel re: existing litigation re: EI Dorado County Superior Court Case SC20120227 GRCLT Condominium vs. South Lake Tahoe Public Utility District (filed 10/22/12) No reportable Board action. b. Pursuant to Section 54956.9(a) of the California Government code, Closed Session was held for conference with legal counsel regarding existing litigation: False Claims Act Case: United States, the States of California, Delaware, Florida, Nevada, and Tennessee and the Commonwealths of Massachusetts and Virginia ex rel. John Hendrix v. J-M Manufacturing Company, Inc. and Formosa Plastics Corporation, U.S.A., Civil Action No. ED CVO6-0055-GW, United States District Court for the Central District of California. No reportable Board action. c. Pursuant to Section 54956.9(a) of the California Government Code, Closed Session was held for conference with legal counsel regarding existing litigation: Los Angeles County Superior Court, Case No. BC459943, State of Nevada, et al. v. J-M Manufacturing, et al. No reportable Board action. 4:45 PM ADJOURNMENT Eric W. Schafer, Board President South Tahoe Public Utility District ATTEST: Kathy Sharp, Clerk of the Board South Tahoe Public Utility District By: Eileen Eidam