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Minutes 07-03-13 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 J U LY 3, 2013 MI N UTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, July 3, 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, Bergsohn, Brown, Ryan, Lenstrom, Sharp, Cullen, Eidam, Attorney Kvistad Consent Item b (Bijou Area Phase 1 Erosion Control Project) was CORRECTIONS TO brought forward for discussion prior to Board action. AGENDA OR CONSENT CALENDAR Moved Jones /Second Vogel_ec� san_q / Passed Unanimously to CONSENT CALENDAR approve the Consent Calendar as amended: a. 2013 Wastewater Treatment Plant Paving - Authorized staff to advertise for bids for paving at the wastewater treatment plant; b. See Consent Item Brought Forward; c. Annual Software Support Costs for SCADA Software - Approved payment to E&M Electric & Machinery, Inc., for SCADA (Supervisory Control and Data Acquisition) software maintenance and support, in the amount of $17,836.74, plus tax; REGULAR BOARD MEETING MINUTES-JULY 3,2013 PAGE-2 d. Diamond Valley Ranch Irrigation Improvement Project- CONSENT CALENDAR Authorized staff to advertise for bids to construct a (continued) replacement drinking water well for the Diamond Valley Ranch; e. Surplus Equipment-Authorized sale of surplus air compressor through Public Surplus, an on-line public auction site; f. Approved consulting contract with EN2 Resources, Inc., for work on the California Energy Commission Energy Generation Grant. CONSENT ITEMS BROUGHT FORWARD FOR DISCUSSION/SEPARATE BOARD ACTION The Bijou Area Phase 1 Erosion Control Project requires an BIJOU AREA PHASE 1 Agreement between the District and the City of South Lake EROSION CONTROL Tahoe to provide the relocation of water and sewer utilities PROJECT in an amount of $400,000. President Schafer directed staff to (consent Item b.) monitor progress closely. ITEMS FOR BOARD ACTION Four bids were received at the June 25 bid opening. Staff REVISED 2013 STATE STREETS evaluated the bids for conformance with bidding requirements, WATERLINE PROJECT including the good faith effort for disadvantaged businesses. The evaluation concluded: (1) The apparent low bid from Thomas Haen Company was not complete; the project was not registered with the U.S. Small Business Administration/Minority Business Development Agency as specified in the contract documents. This is a major irregularity as it could jeopardize funding. Staff recommended the Board reject the bid as non-responsive for failing to comply with the bid requirements. (2) The bid received from White Rock Construction contained one minor contractual irregularity. They did not provide the Surety bond information. Staff recommended the Board waive the irregularity and award the project to White Rock Construction. Moved Vogel_ec� san_q /Second Sheehan / Passed Unanimously to reject the low bidder, Thomas Haen Company, due to a major bid irregularity as described above. Moved Cefalu /Second Sheehan / Passed Unanimously to accept the second lowest bidder, White Rock Construction, in the amount of $1,664,410 and waive the minor irregularity relating to the Surety bond. REGULAR BOARD MEETING MINUTES-JULY 3,2013 PAGE-3 At the direction of the Board, staff prepared documents to CONSIDER THE FOLLOW- postpone the increase in water and sewer capacity charges. ING TWO ORDINANCES: Any additional increases will be discussed at the Board (1) ORDINANCE NO. workshop in the Fall. 551-13, REGARDING SCHEDULED INCREASES Moved Vogel_ec� san_q /Second Sheehan / Jones Voted No/ IN WATER CAPACITY Passed to postpone Ordinance No. 551-13, regarding scheduled CHARGES AND AMEND- increases in water capacity charges and amending ING ADMINISTRATIVE Administrative Code Section 3.1.49(e) and Superseding CODE SECTION 3.1 .49(e) Ordinance No. 547-13 in its entirety. AND SUPERSEDING ORDINANCE NO. 547-13 Moved Vogel_ec� san_q /Second Sheehan / Jones Voted No/ IN ITS ENTIRETY; Passed to postpone Ordinance No. 552-13, setting sewer capa- (2) ORDINANCE NO city charges and amending Administrative Code Section 4.5.7 552-13, SETTING SEWER and superseding Ordinance No. 548-13 in its entirety. CAPACITY CHARGES AND AMENDING ADMINISTRATIVE CODE SECTION 4.5J AND SUPERSEDING ORDINANCE NO. 548-13 IN ITS ENTIRETY Moved Cefalu /Second Sheehan / Passed Unanimously PAYMENT OF CLAIMS to approve payment in the amount of $976,546.87 Water and Wastewater Operations Committee: STANDING COMMITTEE The Committee met July 1 . Director Jones stated a guest REPORT attended the meeting to discuss the Sierra Tract Waterline Replacement Project. Director Jones stated a guest attended the Water and Wastewater Operations Committee Meeting to discuss the Sierra Tract Waterline Replacement Project Director Vogel_ec� san_q reported on continual issues related BOARD MEMBER REPORTS to redevelopment, specifically the City's failure to file Title for the South Lake Tahoe parking garage. President Schafer reported a Board workshop will take place September 10 and October 16. He directed Board and staff to present priorities, ideas, and strategic plans in advance. Richard Solbria reported all submittals for cost reimbursement EL DORADO COUNTY projects for 2012-2013 fiscal year were signed. WATER AGENCY PURVEYOR REPORT Richard Solbria reported on the water supply for fire protection GENERAL MANAGER for the NW corner of the "Y" and the intertie options. An ad-hoc REPORT committee met with involved parties to finalize options. The current agreement expires August 1, 2013, and a letter will be sent to tenant's legal counsel stating a decision must be made by that date. REGULAR BOARD MEETING MINUTES-JULY 3,2013 PAGE-4 2:45 P.�vi. ADJOURNMENT TO CLOSED SESSION 3:10 P.�vi. RECONVENED TO OPEN SESSION ACTION / REPORT ON ITEM 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. 3:10 P.�vi. 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, Administrative Assistant