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AP 07-18-13 H TA if 1111 A(�Q ''er . 195o • *5 6- 04 .: C UTILITY 0- SOUTH TAHOE PUBLIC UTILITY DISTRICT REGULAR BOARD MEETING AGENDA Thursday, July 18, 2013 2:00 P.M. District Board Room 1275 Meadow Crest Drive, South Lake Tahoe, California Richard Soibri" ,General Manager Paul Sciuto, Assistant General Manager ,...... ti•a._a...y. wAwwurawwwwwiw=v w.K .wwsn Kv.* :E:��: Eric W.Schafer, President BOARD MEMBERS James R. Jones,Vice President Chris Cefalu, Director Randy Vogelgesang, Director Kelly Sheehan, Director 7. CALL TO ORDER REGULAR MEETING- PLEDGE OF ALLEGIANCE (At this time,please silence phones and other electronic devices so as not to disrupt the business of the meeting.) 2. COMMENTS FROM THE AUDIENCE (This is an opportunity for members of the public to address the Board on any short non-agenda items that are within the subject matter jurisdiction of the District.No discussion or action can be taken on matters not listed on the agenda,per the Brown Act.Each member of the public who wishes to comment shall be allotted five minutes, and no more than three individuals shall address the same subject.) 3. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR (For purposes of the Brown Act,all Action and Consent items listed give a brief description of each item of business to be transacted or discussed. Recommendations of the staff,as shown,do not prevent the Board from taking other action.) 4. ADOPTION OF CONSENT CALENDAR (Any item can be removed to be discussed and considered separately upon request. Comments and questions from members of the public,staff or Board can be taken when the comment does not necessitate separate action.) 5. CONSENT ITEMS BROUGHT FORWARD FOR SEPARATE DISCUSSION /ACTION 6. PRESENTATIONS a. Award Government Finance Officers Certificate of Achievement for Excellence in Financial Reporting (President Schafer) b. Legislative Update (Eric Sapirstein, ENS Resources) 7. ITEMS FOR BOARD ACTION REQUESTED BOARD ACTION a. PUBLIC HEARING Pg.49 Angora Creek Sewer Relocation Project (1) Hold a Public Hearing to Receive (John Thiel, Principal Engineer) Public Comments on the Designation of the Angora Creek Sewer Relocation Project as Substantially Complex; (Continued on next page) REGULAR BOARD MEETING AGENDA-J ULY 18, 2013 PAGE-2 Angora Creek Sewer Relocation Project (2) Pursuant to the Facts (continued) Described in the Staff Report, Find the Project is Substantially Complex and Require a 10% Retention Limit; and (3) Authorize Staff to Advertise for Construction Bids b. Angora Creek Sewer Relocation Project Authorize Task Order to Hauge Pg.55 (John Thiel. Principal Engineer) Brueck Associates for Environmental Documentation, SEZ and Wetlands Delineation, and Other Permitting Services, in the Amount Not to exceed $26,110 c. Truckee Meadows Sewer Facilities Accept the Cost Proposal from Pg.65 Protection Project Northwest Hydraulic Consultants (Ivo Bergsohn, Hydrogeologist) to Provide Engineering Planning and Permitting Service through October 2013, in the Approximate Amount of $34,700 d. Payment of Claims Approve Payment (Payment of Claims Pg.71 was not available when this agenda was published due to the extended fiscal year invoice processing.It will be distributed prior to,and at the Board meeting.) 8. BOARD MEMBER REPORTS (Discussions may take place; however, no action will be taken.) 9. EL DORADO COUNTY WATER AGENCY PURVEYOR REPORT 10. GENERAL MANAGER REPORT(S) (Discussions may take place; however, no action will be taken.) a. Water Supply for Fire Protection at the NE Corner of the "Y" 11. STAFF /ATTORNEY REPORT( (Discussions may take place; however, no action will be taken.) a. Flows During the 4th-of-July Holiday (Paul Sciuto) b. Web Site Link to Audio Recording of Board Meeting (Kathy Sharp) 12. NOTICE OF PAST AND FUTURE MEETINGS / EVENTS Past Meetinas / Events 07/17/13-Outreach Presentation to Rotary Future Meetinas / Events 07/24/13-8:00 a.m. - ECC (Employee Communications Committee) Meeting at District (Director Cefalu will be the Board representative) 07/29/13-3:30 p.m.- Water and Wastewater Operations Committee Meeting at District 07/31/13-3:00 p.m.- Ethics Training at District 08/01/13-2:00 p.m.-STPUD Regular Board Meeting at District REGULAR BOARD MEETING AGENDA-JULY 18,2013 PAGE--3 13. CLOSED SESSION (The Board will adjourn to Closed Session to discuss items identified below. Closed Session is not open to the public; however, an opportunity will be provided at this time if members of the public would like to comment on any item listed.Three minute limit.) a. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel Pg.73 Existing Litigation re: El Dorado County Superior Court Case SC20120227 GRCLT Condominium vs. South Tahoe Public Utility District 14. ACTION / REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION 15. ADJOURNMENT (The next Regular Board Meeting is August 1, 2013, at 2:00 p.m.) The South Tahoe Public Utility District Board of Directors regularly meets the first and third Thursday of each month. A complete agenda packet,including all backup information is available for review at the meeting and at the District office during the hours of 8:00 a.m.—5:00 p.m., Monday through Friday. A recording of the meeting is retained for 30 days after minutes of the meeting have been approved.Items on this agenda are numbered for identification purposes only and will not necessarily be considered in the order in which they appear on the agenda. Designated times are for particular items only. Public Hearings will not be called to order prior to the time specified, but may occur slightly later than the specified time. Public participation is encouraged. Public comments on items appearing on the agenda will be taken at the same time the agenda items are heard;comments should be brief and directed to the specifics of the item being considered. Please provide the Clerk of the Board with a copy of all written material presented at the meeting. Comments on items not on the agenda can be heard during "Comments from the Audience;" however,action cannot be taken on items not on the agenda. Backup materials relating to an open session item on this agenda,which are not included with the Board packet,will be made available for public inspection at the same time they are distributed or made available to the Board, and can be viewed at the District office,at the Board meeting, and upon request to the Clerk of the Board. The meeting location is accessible to people with disabilities. Every reasonable effort will be made to accommodate participation of the disabled in all of the District's public meetings. If particular accommodations are needed, please contact the Clerk of the Board at (530) 544-6474, extension 6203. All inquiries must be made at least 48 hours in advance of the meeting. South Tahoe Public Utility District• 1275 Meadow Crest Drive •South Lake Tahoe, CA 96150 Phone 530.544.6474• Facsimile 530.541.0614■www.stpud.us • � Ho'F eIQeh,e r • 1950 �0g � CONSENT CALENDAR JULY 18, 2013 ITEMS REQUESTED ACTION a. Temporary Help for Customer Service Approve Contract with Blue Ribbon Pg. 1 (Tim Bledsoe,Manger of Customer Service) for a Temporary Special Projects Technician, in the Estimated Amount of$19,000 b. Annual Adoption of Statement of Investment Adopt Resolution No. 2935-13, Super- Pg.3 Policy seding Resolution No. 2912-12 (Debbie Henderson, Accounting Manager) c. Centrifuge #1 Rebuild (1) Authorize Exception to Bidding Pg. 13 (Ross Johnson, Manager of Plant Operations} Procedures as Outlined in the Purchasing Policy for a Sole Source Purchase, and Requirement for Compatibility with Existing Equip- ments; and (2) Approve Purchase of Parts and Labor from GEA Westfalia Separator Division, in the Amount of $21,003.54 d. Annual Software Support Costs for Financial/ Approve Payments to SunGard Pg. 15 Human Resource Software Public Sector for Annual Main- (Carol Swain, Information Technology Manager) tenance Costs in the Amount,of $18,949.02 e. Headworks Replacement Project Phase 2 Approve Change Order No. 12 to Pg. 19 (Julie Ryan,Senior Engineer) GSE Construction Company, Inc., in the Amount of$41,633 f. Amendments to Board Policy Manual Approve Minor Amendments to Pg.23 (Kathy Sharp,Clerk of the Board) Existing Policies as Recommended by California Special Districts Association's Sample Policies g. Regular Board Meeting Minutes: June 6, 2013 Approve Minutes Pg.39 (Kathy Sharp, Clerk of the Board} h. Regular Board Meeting Minutes: June 20, 2013 Approve Minutes Pg.43 (Kathy Sharp, Clerk of the Board} ♦4+ General Manager Richard H.So[brig + 1850 • wi 31gSe � i �f/ South Tahoe u / V Utility Distr / V ChDsir ecto Cefars [u James R.Jones Randy Vogelgesang Kelly Sheehan Eric Schafer i 1275 Meadow Crest Drive•South Lake Tahoe•CA 96150-7401 Phone 530 544-6474•Fax 530 541-0614•www.stpud.us BOARD AGENDA ITEM 4. a TO: Board of Directors FROM: Tim Bledsoe, Manager of Customer Service MEETING DATE: July 18, 2013 ITEM- PROJECT NAME: Temporary Help for Customer Service REQUESTED BOARD ACTION: Approve contract with Blue Ribbon for a temporary special projects technician, in the estimated amount of$19,000 DISCUSSION: This position would split his/her time between the Customer Service Department and Water Conservation, working on technical projects such as updating records in the billing software database, scanning customer files, answering telephone calls and respond to routine questions from the public. Also, this position would assist in ! the Turf Buy Back Program, Water-Wise house calls, and education events. The customer service department will have one full-time employee on jury duty from July 2013-October 2013, and one-full time employee on family leave from October 2013-January 2013. Throughout this time period other employees in the Customer Service Department will be taking vacations and this temporary position will be a great asset in covering the office when we are short staffed. SCHEDULE: July 22, 2013-January 31, 2014 COSTS: Estimated cost of$19,000 ACCOUNT NO: BUDGETED AMOUNT AVAILABLE: Unbudgeted item. Funds will be transferred from another line item. ATTACHMENTS: None CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer&Water GENERAL MANAGER: YES S14.4 NO CHIEF FINANCIAL OFFICER: YES fit— NO _1- General Manager Richard H.So!brig s 1950 r were/.soot . ji out��VV// h Tahoe James K.Jones =�, = r Utility r r Kandy Yogelgesang �, � UIy District Kelly Sheehan Eric Schafer 1 275 Mead ow Crest Rave•South Lake Tahoe•CA 96150-7401 none 530 544-64.74•Fax 530 541-0614•www_etpu tu5 BOARD AGENDA ITEM 4.b TO: Board of Directors FROM: Debbie Henderson, Accounting Manager MEETING DATE: July 18, 2013 ITEM-PROJECT NAME: Annual Adoption of Statement of Investment Policy REQUESTED BOARD ACTION: Adopt Resolution No. 2935-13, superseding Resolution No. 2912-12 DISCUSSION: The present investment policy was adopted June 21, 2012. The policy requires annual adoption by the Board of Directors. The policy has been reviewed and no changes are required. SCHEDULE: Adopt Resolution July 18, 2013 COSTS: $0 ACCOUNT NO: N/A BUDGETED AMOUNT REMAINING: N/A ATTACHMENTS: Resolution No. 2935-13, Statement of Investment Policy CONCURRENCE WITH REQUESTED ACTION: CATEGORY: General GENERAL MANAGER: YES Ala NO CHIEF FINANCIAL OFFICER: YES, NO 7243---- -3- 1 RESOLUTION NO. 2935-13 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT 3 ADOPTING A STATEMENT OF INVESTMENT POLICY AND SUPERSEDING RESOLUTION NO. 2912-12 4 5 6 BE IT RESOLVED, by the Board of Directors of the South Tahoe Public Utility 7 District, County of El Dorado, State of California, as follows: 8 WHEREAS, the South Tahoe Public Utility District enters into various 9 investments from time to time on behalf of the District as permitted by the California Government Code and the District's investment policy; and 10 WHEREAS, the South Tahoe Public Utility District staff wish to update the 11 Statement of Investment Policy to enhance the South Tahoe Public Utility District's 12 opportunities for prudent and systematic investments, to delegate the Chief Financial 13 Officer as the investment officer of the District, and to update certain language 14 according to the California Government Code; and 7 5 • NOW, THEREFORE BE IT RESOLVED, by the Board of Directors of the South 16 Tahoe Public Utility District that: 17 The attached Statement of Investment Policy is hereby adopted and becomes a 18 part of this Resolution by reference herein. 19 WE, THE UNDERSIGNED, do hereby certify that the above and foregoing 20 resolution was duly and regularly adopted and passed by the Board of Directors of the 21 South Tahoe Public Utility District at a regular meeting duly held on the 18th day of July, 2013, by the following vote: 22 AYES: 23 24 NOES: 25 ABSENT: 26 27 Eric Schafer, Board President 28 South Tahoe Public Utility District • 29 ATTEST: 30 Kathy Sharp, Clerk of the Board -5- i SOUTH TAHOE PUBLIC UTILITY DISTRICT STATEMENT OF INVESTMENT POLICY Statement of Intent This statement of investment policy is adopted to establish an overall policy and procedures for the management and investment South Tahoe Public Utility District's funds available for investment. This policy is effective as of its adoption by the Board of Directors. It will be reviewed by the Board and readopted at least once each year. II Scope of Policy This policy covers all funds and investment activities under the direct authority of the District. It does not cover funds related to District borrowing, which are controlled by documents related to each debt issue. III Objectives The investment program shall be designed and managed with a degree of professionalism worthy of the public trust. The District's primary investment objectives, in order of priority, shall be: A Safety Safety of principal is the foremost objective of the District. Investments shall be made in a manner that first seeks to ensure the preservation of capital in the overall portfolio. And, second seeks to ensure that capital losses are avoided, whether they be from securities defaults or erosion of market value. B Liquidity The investment portfolio shall be structured to provide sufficient liquidity to enable the District to meet its cash flow requirements. An adequate percentage of 1 the portfolio should be maintained in liquid short-term securities, which can be converted to cash if necessary to meet disbursement requirements. Since all cash requirements cannot be anticipated, investments in securities with active secondary or retail markets are highly recommended. Emphasis is on marketable securities with low sensitivity to market risk. C Yield The investment program shall be designed with the objective of attaining a market rate of return on its investments consistent with the constraints imposed by its safety objective and cash flow considerations, Yield should become a consideration only after the basic requirements of safety and liquidity have been met. IV Prudence The District adheres to the guidance provided by the "prudent investor rule," which states that when investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person P:}F1h1Po1icies\Invesiment Policy 2013.docx acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Authorized individuals acting in accordance with this Policy and written procedures and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion. V Delegation of Authority The Board of Directors has delegated management responsibility for the investment program to the Chief.Financial Officer, who is designated as the Investment Officer of the District. This delegation is for a one-year period. Subject to review, the Board may renew the delegation of authority each year. In the Chief Financial Officer's absence, the Accounting Manager shall act as the Investment Officer. The Chief Financial Officer shall develop and maintain administrative procedures for the operation of the investment program, consistent with this investment policy. All participants in the investment process shall act as custodians of the public trust. Investment officials shall recognize that the investment portfolio is subject to public review and evaluation. The overall program shall be designed and managed with a degree of professionalism that is worthy of the public trust. VI Internal Controls The Chief Financial Officer shall establish a system of internal controls, which shall be reviewed annually by the independent auditor. The controls shall be designed to prevent loss of public funds arising from fraud, error, misrepresentation, unanticipated market changes or imprudent actions. Controls deemed most important include: minimization of opportunities for collusion, separation of duties, separating transaction authority from accounting and record keeping, custodial safekeeping, avoidance of bearer-form securities, specific limitation regarding securities losses and remedial actions, written confirmation of all transactions, minimizing the number of authorized investment officials, documentation of transactions and strategies, and proper review and approval of brokerage accounts and investment transactions. VII Reporting The Investment Officer, or her designee, shall submit a monthly investment report to the Board of Directors. The monthly reports shall include all investments held by the District, and/or under the management of any outside party and shall include: a list of security transactions; the type of investment; issuer; date of maturity; par and dollar amount invested on all securities; current market value on all securities (including the source of this valuation); a statement that the portfolio is in compliance with this Policy or the manner in which it is not in compliance; and, a statement that the District has the ability to meet its expenditure requirements for the next 6 months or an explanation as to why sufficient money may not be available. VIII Permitted Investments Sections 53600 et. seq. of the California Government Code provide basic investment limits and guidelines for government entities. Within the investments permitted by the P:1PIN1Policiesllnvestmeot Pcilicy 2013.docx Government Code, the District seeks to further restrict eligible investments as provided below. In the event an apparent discrepancy is found between this Policy and the Government Code,the more restrictive parameters shall take precedence. The Investment Officer shall invest District moneys as directed by this Policy and only in the investments specifically authorized in this section. A U.S. Treasury Instruments United States Treasury notes, bonds, bills or certificates of indebtedness, or those for which the full faith and credit of the United States is pledged for payment of principal and interest. B Federal Agency and Instrumentality Securities Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. The District should target a maximum allocation of 25% to callable Federal agency securities. Investments in Federal agency mortgage-backed pass-through securities or collateralized mortgage obligations may not exceed 20% of the District's portfolio. C U.S. Corporate Debt Medium-term notes, defined as all corporate and depository institution securities with a maximum remaining maturity of three (3) years or less, issued by corporations organized and operating within the United States or depository institutions licensed by the United States or any state and operating within the United States. Eligible investments shall be rated "A" or better by one or more nationally recognized rating services. A maximum of 30% of the District's portfolio may be invested in this category. D Negotiable Certificates of Deposit Negotiable certificates of deposit issued by a nationally or state-chartered bank or a state or federal association or by a federally- or state-licensed branch of a foreign bank. Purchasers are Iimited to issuers whose short-term debt is rated A-I/P-1. A maximum of 30% of the District's portfolio may be invested in this category. E Commercial Paper Commercial paper of"prime" quality of the highest ranking or of the highest letter and number rating as provided for by a nationally recognized statistical- rating organization (NRSRO). The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or paragraph (2): P:IPlitPoliciesllnvestment Policy 2013.docs (1) The entity meets the following criteria: organized and operating within the United States as a general corporation. Has total assets in excess of five hundred million dollars ($500,000,000). (iii) Has debt other than commercial paper, if any, that is rated "A" or higher, or the equivalent, by a nationally recognized statistical-rating organization. (2)The entity meets the following criteria: (i) Is organized within the United States as a special purpose corporation, trust, or limited liability company. (ii) Has program wide credit enhancements including, but not limited to, over collateralization, letters of credit, or surety bond. (iii) Has commercial paper that is rated "A-1" or higher, or the equivalent, by a nationally recognized statistical-rating organization. Eligible commercial paper shall have a maximum of 270 days or less and not represent more than 10% of the outstanding paper of an issuing corporation. A maximum of 25%of the District's portfolio may be invested in this category. F Bank Deposits FDIC insured or fully collateralized demand deposit accounts, savings accounts, market rate accounts, time certificates of deposits in state or __ national banks located in California. As required by Government Code §53649, the District shall have a signed contract with each financial institution_ with the District's funds on deposit. Any financial institution accepting the District's funds for deposit must comply with the requirements of Government Code §53630 et seq., including collateralization of deposits. The District may waive the collateralization requirements for any portion of the deposit that is covered by Federal deposit insurance. To be eligible to receive District deposits, the financial institution must have received a minimum overall rating "satisfactory" in its most recent evaluation of its record of meeting the credit needs of California communities, as required by Government Code §53635 et. seq. A maximum of 20%of the District's portfolio may be invested in time certificates of deposit. G Bankers' Acceptances Bankers' acceptances which are otherwise known as bills of exchange or time drafts that are drawn on and accepted by a domestic commercial bank. Purchases are limited to issuers whose short-term debt is rated A-1/P-1. Bankers' acceptances cannot exceed a maturity of 180 days. A maximum of 40%of the District's portfolio may be invested in this category. H State of California's Local Agency Investment Fund (LAIF) If the District has funds invested in LAIF, the District shall maintain on file LAIF's current investment policy and its requirements for participation, including limitations on deposits and withdrawals. In addition, the District's shall review annually investment policies of LAIF to ascertain that its funds are invested in accordance with the District's investment objectives. Furthermore, the District shall review the provisions of these investment policies requiring P:1F1N1Policies\Investment Policy 2013.docx internal controls on the investment process to ascertain that there is a division of responsibility in the investment procedures. I California Asset Management Trust A California common law trust established pursuant to Title 1, Division 7, Chapter 5 of the Government Code of the State of California. CAMP must be rated"AAAm"to be eligible for investment of District funds. J Money Market Funds Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 and following). The company shall have met either of the following criteria: (a) attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations and (b) retained an investment adviser registered or exempt from registration with the SEC with not less than five (5) years' experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000). A maximum of 20% of the District's portfolio may be invested in this category. I( El Dorado County Pool The District shall review at least annually the El Dorado County investment pool to ascertain that its funds in these pools are invested in accordance with the District's investment objectives. The District shall also review the provisions of these investment policies requiring internal controls on the investment process to ascertain that there is a division of responsibility in the investment procedures. IX Prohibited Investments: Investments by the District in securities permitted by the California Government Code, but not specifically approved by this investment policy are prohibited without the prior approval of the Board. The District is prohibited from buying on margin or from speculative buying. Furthermore, the District is prohibited from investing in equity-linked securities or from entering into financial futures contracts, options, or swaps. However, the District may purchase U.S. government securities which are discount or securities bearing interest. In accordance with California Government Code §53601.6, the District shall not invest in inverse floaters, range notes, mortgage derived interest-only strips, or any security that could result in zero interest accrual if held to maturity. X Term of Investments The term of any investment may not exceed five years without express authority from Board of Directors received at least 90 days preceding the investment purchase. P:1FIN\Policie,Vnvestment Policy 2013.docx XI Diversification The investment portfolio shall be diversified to avoid incurring unreasonable and avoidable risks regarding specific security types or individual financial institutions. The portfolio shall also be diversified with respect to the term of individual investments purchased by the District. In addition to the percentage limitations specified in Section VIII Permitted Investments, the maximum amount of the portfolio the District may invest with any one issuer is 10%, excluding U.S. Treasuries, Federal Agencies, and pooled investments. XII Credit Rating Changes In the event a security held by the District is subject to a rating change that brings it below the minimum credit ratings specified in this Policy, the Investment Officer should disclose such information in the monthly investment report. XIII Safekeeping All cash and securities in the District's portfolio, including those that are being managed by the Investment Officer, shall be held in safekeeping in the District's name by a third party bank trust department, acting as agent for the District under the terms of a custody agreement executed by the bank and the District. All securities will be received and delivered using standard delivery versus payment (DVP) procedures, the District's safekeeping agent will only release payment for a security after the security has been properly-..deliv-ered he only exception to the foregoing shall be depository accounts and securities purchases made with: (i) local government investment pools; and, (ii) money market mutual funds, since the purchased securities are not deliverable. XIV Securities Dealers The District has authorized the Investment Advisor to use broker/dealers, which the Investment Advisor has selected in accordance with its written selection policy. The Investment Officer may also use broker/dealers meeting credit worthiness standards established by the Investment Officer. XV Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could.impair their ability to make impartial investment decisions. Such employees and investment officials shall disclose to the District Board and the General Manager any material financial interests in financial institutions that conduct business within the District, and they shall further disclose any large personal financial/investment positions that could be related to the performance of the District's portfolio. P:1F[MPolicies1Investment Policy 2013.docx —16- General Manager Richard I-I.Solbrig • 195f1 • Se Pirector5 South Chris Gefalu James R.Jones =+'- `+1� • RandyYogelgesang 1U[ 1c Utility District Kelly Sheehan Eric Schafer 1275 Meadow Crest Drive•South Lake Tahoe•CA 96150-7401 shone 530 544-6474•Fax 530 541-0614•v ww.st putt ue BOARD AGENDA ITEM 4.c TO: Board of Directors FROM: Ross Johnson, Manager of Plant Operations MEETING DATE: July 18, 2013 ITEM-PROJECT NAME: Centrifuge #1 Rebuild REQUESTED BOARD ACTION: (1) Authorize exception to bidding procedures as outlined in the Purchasing Policy for a sole source purchase, and requirement for compatibility with existing equipment; and (2) Approve purchase of parts and labor from GEA Westfalia Separator Division, in the amount of$21,003.54 DISCUSSION: Centrifuge #1 started showing degrading performance several weeks ago. Heavy Maintenance performed a diagnostic partial tear-down and determined that a rebuild is needed.Staff made the decision to complete a rebuild as soon as possible in order to insure the continued reliability of the dewatering operation. The centrifuge dewatering process is critical. A dewatering failure lasting more than ten days would increase solids disposal costs by at least a factor of five. Some parts that may not be needed were ordered so that the Westfalia technician would not need to make a second trip for lack of parts. Any unused parts will be returned for a credit. For most centrifuge parts there is only one reasonable replacement option from a single manufacturer. The sludge centrifuge is a dynamically balanced complex piece of equipment that spins at up to 3400 rpm. Centrifuge technology imposes high requirements on the quality of spare parts especially with regard to the composition of materials and accuracy of dimensions. It may be possible to find spare parts in the market which appear to be identical to original spare parts from GEA Westfalia Separator, but actually are of inferior quality. The use of such parts could result in accidents that cause the total loss of the machine and even endanger employees.The District's centrifuges, less associated equipment, are valued at about $400,000 each. This item has been reviewed by the District's purchasing agent. -13- Ross Johnson July 18,2013 Page 2 SCHEDULE: Completed ASAP COSTS: $21,003.54 ACCOUNT NO: 1004-8111 BUDGETED AMOUNT REMAINING: <$6,003.54> (shortfall from capital reserves or budget savings) ATTACHMENTS: None CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer GENERAL MANAGER: YES Sidi NO CHIEF FINANCIAL OFFICER: YES NO -14- Richard H.Saibrig ` • 1950 • pv � Directors Chris Cefalu South TahoeJames R.Jones _ _ ^� Kandy Vogelge5ang Public Utility District Kelly Sheehan Public[J Utility VJ€ District t �s if Eric Schafer 1275 Meadow Greet Drive•South Lake Tahoe.CA 9 c 150-7401 Phone 530 544-6474•Fax 530 541-0614*wwrw_etpud.ue BOARD AGENDA ITEM 4.d , TO: Board of Directors FROM: Carol Swain, Information Technology Manager MEETING DATE: July 18, 2013 ITEM- PROJECT NAME: Annual Software Support Costs for Financial/Human Resource Software REQUESTED BOARD ACTION: Approve payments to SunGard Public Sector for annual maintenance costs in the amount of$18,949.02 DISCUSSION: The District's annual software support costs for the IFAS (Integrated Financial and Administrative Solutions) software application is increased annually by the change in the Consumer Price Index from the previous year, plus 2%. For the fiscal year of August 1, 2013, through July 31, 2014, SunGard Public Sector costs are $18,949.02. These services are needed for daily phone support to resolve issues and for minor updates to fix any problems that may be encountered. In addition, this fee includes the cost of professional services for one major upgrade to the software. SCHEDULE: August 1, 2013--July 31, 2014 COSTS: $18,949.02 ACCOUNT NO: 1037-6030, 2037-6030 BUDGETED AMOUNT REMAINING: $20,000, $20,000 ATTACHMENTS: Invoice, including list of systems supported CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer&Water GENERAL MANAGER: YES (#`li NO CHIEF FINANCIAL OFFICER: YES NO -15- I � i �� -�� nvo�ce ; 100a Business Center Dri�e company Documenf No Date Page Lake Mary, FE.32746 I $OQ-727-8Q8$ LG 67827 281Jurr/2D13 1 of 2 www.sUngardps.com , � Bill To: Sou#h i"ahoe Pubfic l�tility District Ship To: South 7ahoe Public l�tility Disfrict 1275 Meadow Crest Drive 1275 Meadow CrESt I7riv� SO�TN LP,KE TAHOE,CA 96150 SOUTH LAKE�AHOE, CA 9B'{5Q � United Stafes United States i Affn: Ms. Carof Swain Attn: Ms. Carol Swain i Custorrier Crp/No. Customer Name Cusiomer PO Num6er Currency Terms Due Date i 6013LG Soutfi Taitoe Fubfic U#il9ty district USD N�730 28/JuE/20y3 - §^. - 3 rK�yl - �A - �.`� -,R£ Y`rt C {d� i F `_"� .�� '�s ' _ _ �!, `� esaraptionfComments ; a . � - �n�ts ` Ra#e, ��'ended �Ifl SKU CodelD : -,h :� . .z _.� �: ...,.._. ... .. i _ . ._, .. . . ..:?. , -._ ... . .. ..... -.-..x .:-+.. . .. _.. .. , .,_: . . >':. ,x`n.11 CoMract,iVo S�Pl�J��2"` , - ' ( �f : }�„�3S��2t�er�1 Ledg�r �4Gf ,4 rl0 84 , �'��,�7fl� E .,iV�aintenan�eiSfart��"Aug/,2o�k� �ncf 3'l��c�l2�7i� � s s �� ; � � 'i�Y� ��7�' JYL]��.1.7�G41�L��gPe� 4�� , h t � l��„�- 5 4 ', � } �� - 1 l/�V�� M1� �r i��! ^� , c��y'. - } x '��{ _y]�{1� � ', �_} �{ � ; _ ' a� .� _ �e'.v Y��IT3l�rI�C��4 Ql1l1l]�'�� fl��7fZ��Y ' � ` .. �'� ._, 4Ai T� i��}�4 i .,' . 4 ,,� _, x� �,,�}.'�"�a� ` 7` - � ..` -_ - ' S 5 3{ � "k ;�S" ��i��f�iaw�ylN�le � RT y ,: i �{Y.., {"� ;�,x� 3' d�`�, 1 �� Z �- �'IY� 4 1 . ��;Y�l, -y ��.�S- -z-� �x ' �� . i ;,�, i. ;�i '',� z,�K.. ti� 'r.� �. -Lq. �. �, � .?;-��, s.x�n�� . � ��'la�n#"er�at��e"��ar# 0`I�A��!'��b�� hd �i�Jr��Oi� � � _ �,� , � � � ��. fr-r .� z r �� '" � s *�-� �� s b' t � �� .: - , � r��:� ��n"`'�z F�,�f,,, k5��3.��, �� 'b �.. n. y.- i ' � ,4�:� �4�� r . � �� c�ci�ts°�ecei�ab�e��'sf�Re�e�pts z � � s-�� , � s x �I"�fl�.� `9�� 7 �" '��. 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L-li::,,•:•':•-..,--_:, ;.';:,j•••-,1 '-' "• , i,,-!...::..,,."., ,,_: .::."''..t;,.'. •.' ---!•.1,•: ,_:.:":'•:.,.-:-...:-.'. :T•;•':,::,,•17,-,V;..:::,:..'1;.•:::,. .:.,,..,..,.,.,,i,..,,,:;, General Manager Richard H.So!brig soot • • Nter South Directors Chris CefaSs Jamey R.Jones Randy Vogelgesang '-#) FuL'lic Utility District Kelly Sheehan Eric Schafer 1275 Meadow Crest Drive•South Lake Tahoe•CA 96150-7401 Phone 530 544-6474•Fax 530 541-0614*wwwst pud.i5. BOARD AGENDA ITEM 4.e TO: Board of Directors FROM: Julie Ryan,Senior Engineer MEETING DATE: July 18, 2013 ITEM- PROJECT NAME: Headworks Replacement Project Phase 2 REQUESTED BOARD ACTION: Approve Change Order No. 12 to GSE Construction Company, Inc., in the amount$41,633.00. DISCUSSION: Change Order No. 12 addresses one work item that is beyond the scope of the contract. Due to a hydraulic bottleneck in the outlet channels caused by the design of the Parshal! Flumes, staff directed GSE to demolish the Parshall Flumes and install Cippoletti Weirs in their place. These modifications were started in September, 2012, and were completed on January 2Z 2013. The cost of the extra work is $41,633.00, not including the cost to replace the channel liner(which will be processed separately). The contract time and second liquidated damages deadlines have already been extended to account for this additional work. Staff recommends that the Board approve Change Order No. 12 to the District's contract with GSE in the amount $41,633.00. With $594,613.25 in Change Orders approved previously, this Change Order No. 12 brings the contract total to $8,657,126.54. The Engineer's estimate for construction was $9,198,605.00. SCHEDULE: As soon as possible COSTS: $41,633.00 ACCOUNT NO: 1029-8033/HDWORK BUDGETED AMOUNT AVAILABLE: $744,239 (2012/13) ATTACHMENTS: Change Order No.12 CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer GENERAL MANAGER: YES R ,t NO CHIEF FINANCIAL OFFICER: YES NO -19- sou" rgyd CHANGE ORDER NUMBER 12 Project: HEADWORKS REPLACEMENT PHASE II PROJECT Seke ;! to � .350•11* c� Contractor: GSE Construction Company. Inc. bnurY O Date: July 18. 2013 PO#: P23714 The Contract Shall Be Changed As Follows: A) Amend Bid Item 10, including all labor, equipment, materials and subcontractor costs necessary to demolish the Parshall Flumes and to provide and install Cipoletti Weirs at the outlet channels, complete and in place (not including coatings), as described in Design Construction Memo #110, dated May 15, 2013. This item addresses in full the additional work authorized by the District for modifications at the outlet channels for an additional cost of$41,633.00, as detailed in Contract Change Request#87.1 and GSE's PCO110 dated June 10, 2013 (attached), and as adjusted by the District in its Response #2 to the CCR (attached)_ TOTAL FOR ITEM A IS $41,633.00 TOTAL FOR CHANGE ORDER NO. 12 IS A = $41,633.00 Original Contract $8,020,860.29 622 Calendar Days Previous Change Order $594,613.25 119 Calendar Days Current Contract _ $8,615,493.54 741 Calendar Days THIS CHANGE ORDER $41,633.00 0 Calendar Days 11 New Contract Total I_ $8,657,126.54 1741 Calendar Days Contractor agrees to make the herein-described changes in accordance with the terms hereof. The change in contract price and/or contract time noted is full settlement for costs incurred because of the change(s) described, unless specifically noted in individual description(s). Date: Authorized By STPUD Board President Date: Accepted By Contractor Date: Reviewed By � Page 2g- 1. Genera Manager Richard H.So!brig vssex • 1950 • r Directors Chris Cefalu South James R.Jones E Randy Vogelge5ang E'u is Utility District Kelly Sheehan Eric Schafer 127b Meadow Crest Drive•South Lake Tahoe•CA 96150-7401 Phone 550 544-6474•Fax 550 541-0614•wwwst puet us BOARD AGENDA ITEM 4• f TO: Board of Directors FROM: Kathy Sharp, Executive Services Manager MEETING DATE: July 18, 2013 ITEM- PROJECT NAME: Amendments to Board Policy Manual REQUESTED BOARD ACTION: Approve minor amendments to existing policies as recommended by California Special Districts Association's sample policies. DISCUSSION: 1010-Adoption /Amendment of Policies: Adds Clerk of the Board to those who may initiate a Board policy for consideration. Also clarifies a majority vote of the Board is necessary to approve Board policies. 1020-Conflict of Interest: Adds section describing Government Code Section 1090 prohibiting a Board member's financial interest in contracts. 1030- Public Complaints: Clarifies unsatisfied public complaints should be forwarded to the General Manager. 2020-Appointment of Directors: Adds clarifications regarding resignation process. 2060--- General Manager: Adds evaluation process procedures. 2090-Members of the Board: Adds agenda items can be added by a Board member when a majority of the Board feels a certain subject warrants the need. 3030- Board Meeting Conduct: Adds a section describing the process for a Board member to raise a point of order. It also adds a statement regarding reasons to eject a person(s) who make a willful disruption at a Board meeting. 3040- Board Actions and Decisions: Adds procedures to obtain the floor, make motions, secondary motions, and other minor motions. It also adds a sentence pertaining to achieving consensus to issue a Board directive. —23— Kathy Sharp July 18,2013 Page 2 1 1 E j33 SCHEDULE: Add amendments by July 19 COSTS: None ACCOUNT NO: N/A BUDGETED AMOUNT AVAILABLE: N/A ATTACHMENTS: Amended sections CONCURRENCE WITH REQUESTED ACTION: CATEGORY: General GENERAL MANAGER: YES LIU NO CHIEF FINANCIAL OFFICER: YES NO /06---- -24- South Tahoe Public Utility District Board Policy Manual .� �s ;, 'S'" y?ems ',,yy s,,� 5z� Ryy+s. ♦ "''`p5,� . rl' y --' • ,. .��` << s us� 'a w � E 1010.10 It is the duty of the Board of Directors to establish procedure and goals, and formulate policy. It is also responsible for adopting all policies. The Board directs the General Manager to implement the policies. These polices will be maintained in a policy manual, to be revised as necessary. 1010.20 Consideration by the Board of Directors to adopt a new policy or to amend an existing policy may be initiated by any Director, or_h�„e General Manager, or Clerk of the Board. The proposed adoption or amendment is initiated by submitting a written draft of the proposed adoption or amendment to each Director and the General Manager through the District office, and requesting that the item be included for consideration on the agenda at the appropriate regular meeting of the Board of Directors. 1010.30 Adoption of a new policy or amendment of an existing policy shall be accomplished at a regular meeting of the Board of Directors and er Board of Directors. by a vote of the maiority of the Board (as described in Section 3040.20) 1010.40 Before considering to adopt or amend any policy, Directors shall have the opportunity to review the proposed adoption or amendment at the regular Board of Directors meeting at which consideration for adoption or amendment is to be given. Copies of the proposed policy adoption or amendment shall be included in the agenda information packet for any meeting of consideration. If further consideration is necessary, the Board President may request the policy be included in the next meeting agenda packet to allow sufficient time for further review. Adoption Date: 04/1/93 Amended: 03/19/98 Amended: -2 5- I jonfIict 4f,I0eTAst 1 continued ' h . ,t.: 3 . .:j. 402 Generally, a Director has a financial interest in a matter if it is reasonably foreseeable that the Board decision would have a material effect that is distinguishable from the effect on the public generally on (a) a business entity in which the Director has a direct or indirect investment in the amount specified in FPPC regulations; (b) real property in which the Director has a direct or indirect investment interest, with a worth in the amount specified in FPPC regulations; (c) a source of income of the Director in the amount specified in FPPC regulations, within twelve months before the Board decision; (d) a source of gifts to the Director in an amount specified in FPPC regulations within twelve months before the Board decision; or (e) a business entity in which the District holds a position as a director, trustee, officer, partner, manager or employee. An "indirect interest" means any investment or interest owned by the spouse or dependent child of the Director, by an agent on behalf of the Director, or by a • business entity or trust in which the Director, or the Director's spouse, dependent child or agent, owns directly, indirectly or beneficially a ten percent interest or greater. 1020.50 Government Code-Section 1090 prohibits-a Director from having a financial interest in-cont-rac-ts-made-bv--themselves or by the Board. The purpose of this rule is to prohibit contractual self-dealing. It does not require that there be a contract directly with the District but simply that the Board member has a financial interest in a contract made by the Board, whether or not that Board member participated in that matter. Nor shall Board members be purchasers at any sale or vendors at any purchase made by them in their official capacity. Consequences of a Section 1090 violation are significant: - Contract is void and unenforceable. Official must return any money. • - Violation is a felony (if willful): Fine: • Imprisonment, and • Disaualification from public office. 1020.60 A Director will not accept gifts or honoraria that exceed the limitations specified in the Fair Political Practices Act or FPPC regulations. Board members will report all gifts, honoraria, campaign contributions, income and financial information as -26- South Tahoe Public Utility District Board Policy Manual 3 _ _ `- sv r-L��`x < '"`"_ - 1030.10 The Board of Directors desires that public complaints be resolved at the lowest possible administrative level, and that the method for resolution of complaints be logical and systematic. 1030.20 A public complaint is an allegation by a member of the public of a violation or misinterpretation of a District policy, State or Federal statute, of which the individual has been adversely affected. 1030.30 The method of resolving complaints shall be as follows: 1030.31 The individual with a complaint shall first discuss the matter with the appropriate department manager, with the objective of resolving the matter informally. 1030.32 If the individual registering the complaint is not satisfied with the disposition of the complaint by the department manager, the complaint may be filed, in wri with it shall be forwarded to the General Manager. At the option of the General Manager. within a reasonable time, the General Manager shall meet with the person filing the complaint to resolve the matter. At the option of the General Manager, he/she may conduct conferences and take testimony or written documentation in the resolution of the complaint. A written decision from the General Manager may be requested by the individual filing the complaint. 1030.33 If the individual filing the complaint is not satisfied with the disposition of the matter by the General Manager, a written complaint may be filed with the Board of Directors, within ten (10) days of receiving the General Manager's decision. The Board President may direct a Standing Committee or create an Ad Hoc Committee to review the complaint and make recommendations. In the event the complaint is not satisfied by the designated committee, the Board may consider the matter at the next regular meeting, or call a special meeting. The Board will expeditiously resolve the matter. In making the final decision, the Board may conduct conferences, hear -27- South Tahoe Public Utility District Board Policy Manual y A4>r' .'a«Sw:— _ z %o':'.: s*'�zv '_K'g.": ::rri�" �v .r _ -rr x :_=:w,. ::x`_.> __ :- _-r. r ., e X� X'. .,s3 4..s��+ » V"S +. 9_ - r �.k +: 'x ! i ' x t ,� ] -jlAppointment� 4 3 e © e Y .-,'�.{t t F� K,y 2- hF ?.z,� ,'S ^t^�Ynw x-'r '.y i "siy 0 *� 1, L ,„x...,x-..^2-.r.,! rF;r .a..... ..._gun,,, .! 1 -.-3 ». ._.......s-. )r..:?k. `"1 2020.10 The Board of Directors may experience a vacancy of one or more incumbents for the 12 reasons listed in Government Code Section 1770-1770.2., (also listed in Policy No. 2030.30). The appointment of Board members to fill a vacancy is governed by various sections of the State of California Government Code Section 1780-1782, Elections Code and Public Utilities Code. XXXX The Board of Directo_ rs shall be informed immediately of the resianation or death of a member of the Board of Directors. XXXX All resianations should be made in writina and submitted to the Clerk of the Board or Board of Directors. The resianation should include the effective date, and be placed on the next Regular Board meeting agenda for acceptance. 1 xxxx Per El Dorado County Elections Department, the Board may elect to beam the process to fill the vacancy prior to the actual effective date of the resianation. before the seat is actually vacated. 2020.20 The District shall notify El Dorado County Elections Office of the vacancy no later than 15 days following either the date on which the District Board is notified of the vacancy or the effective date of the vacancy, whichever is last. 2020.30 The remaining Board members may appoint a Director or Directors to hold office until the next general District election scheduled 130 days or more after the effective date of the 1 1 vacancy and thereafter until the person elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall fill the balance of the unexpired term. If the term of office is due to expire following the next general District election and that election is scheduled 130 or more days after the date the El Dorado County Elections Office is notified of the vacancy, the person appointed to fill the vacancy shall fill the balance of the unexpired term of his or her predecessor. 2020,31 Whenever a vacancy occurs in the office of President, the Vice President shall perform the duties of the President for the remainder of the unexpired term. -28- 2060.200 Performance Evaluation — The General Manager of the District is retained and serves at will of the Board of Directors. The Board of Directors shall review the performance of the General, Manager after the initial six months of service after appointment and then annually thereafter. using a process that provides for discussion and encourages feedback in the development of foals and the performance evaluation. 2060.201 The performance evaluations should occur in closed session annually during the first Board meeting of the month in which the evaluation is due. or on another date mutually acceptable to the Board of Directors and the General Manager. The Clerk of the Board and Human Resources Director shall maintain a notification system that tracks the date when the evaluation is due to ensure the Board aaenda is properly noticed and to provide adequate advance notice to the Board and the General Manager. 2060.202 The Board of Directors will agree upon an evaluation form to be provided to the Board and completed prior to the formal performance review session. Board of Directors shall be encouraged to prepare input on the form prior to the Board of Directors meeting. 2060.203 During the scheduled closed session(s). the Board should meet as a group with the General Manager to verbally discuss the components of the performance evaluation and received feedback from the General Manager relative to his/her assessment. If reauested by the Board and/or_ the General Manager, the District's Legal Counsel may attend the evaluation session. Following the meeting with the General Manager. the Board shall meet and determine an overall evaluation of the General Manager's performance for the past review period and provide written notification to the General Manager of the assessment and any recommended compensation adjustment. as appropriate. A cony of this. written assessment should be provided to the General. Manager and a copy kent in the General Manager's personnel file. The performance evaluation shall be kept -29- confidential. Any decision on a compensation award shall be made at a public meetina following the closed session evaluation meeting. 2060.204 The Board of Directors and General Manager should jointly develop mutually aareed upon written.goals and objectives for the subsequent evaluation period. 2060.205 The Board of Directors may address the compensation (salary and fringe benefits). of the General Manager in closed session, but final action on propose compensation must be held in open session. -30- South Tahoe Public Utility District Board Policy Manual ittwv*42,t,:' ' " �tt� " �s kma ria4 a - w - { � �>� «'e �i3 � y x; y f r zT -, s-Ot h t - y r y y 2090.10 Directors shall thoroughly prepare themselves to discuss agenda items at meetings of the Board of Directors. Information may be requested from staff or exchanged among Directors before meetings when done in accordance with the Brown Act. 2090.20 Information that is exchanged before meetings shall be distributed through the General Manager and be designated from where it came. All Directors will receive all information being distributed. 2090.30 Directors shall at all times conduct themselves with courtesy to each other, to staff, and to members of the audience present at Board . meetings. , 2090.40 Directors shall defer to the Board President for conduct of meetings of the Board, but shall be free to question and discuss items on the Agenda. All comments should be brief and confined to the matter being discussed by the Board. 2090.50 Directors may request for inclusion into minutes brief comments pertinent to an agenda item, only at the meeting that item is discussed (including, if desired, a position on abstention or dissenting vote). 2090.60 Directors may request an item be placed on any.Regular, Special, or Emergency meeting Agenda any time a majority of the Board feels a certain subject warrants the need. and providing the time guidelines for the Agenda publication are followed for inclusion in the published and posted Agenda. If an item comes to the attention of a Director or staff member after the meeting Agenda is published and posted, it can be added to the Agenda and voted on at the Board meeting under the rules of the Brown Act: I , -31- 3 n ��% `''3 "'. .• _ Members /� �, `-.fra 7k`. ' '�S _ :.i+-'";', ..r per" --"'"�'�^• .. 4,11414„�" s�s�ta� u�.-' �,s�5`Y so'--» a '-`�u1 f t irY "Zss%'`;r-5 sn xa'-`.�ka` r ;.,n0,,`) • Board majority decides there is an "emergency situation" • Two-thirds of members(or all members if less than two-thirds are present)determine"the need to take action arose subsequent to the agenda being posted" • Item appeared on agenda of, and was continued from, a meeting held not more than five days earlier. 2090.70 Board direction to staff shall be by a majority vote of the Board of Directors. The Board, by a majority vote, may delegate directions to staff and/or to a two-member committee. 2090.71 Requests by individual Directors for substantive information and/or research from District staff will be channeled through the General Manager. 2090.72 Directors wishing to initiate action or changes in the programs and facilities of the District shall present their suggestions to the General Manager, who will, in turn bring the concern(s) to the Board of Directors through the Board President. Staff action in implementing such suggestions shall be taken only at the direction of the Board. (See also Policy 2060.1701 2090.80 The District will defend and indemnify any and all current or former officers, and directors against any expenses actually and necessarily incurred by them in connection with the defense of any action ,suit, claim, liability, demand or proceeding in which they or any of them are made parties, or a party, by reason that of having been officers, or directors, unless such individual is convicted of a crime, and except in relation to matters as to which such individual(s) shall be adjudged in such action, suit or proceedings to be liable for negligence or misconduct in the performance of duty and to such matters as shall be settled by agreement predicated on the existence of such liability for negligence or misconduct. —32— de o tiETpL • ic pit lu@ ° � y gas; x �x � ?d� 2100.78 Directors shall develop a working relationship with the General Manager wherein current issues, concerns, and District projects can be discussed comfortably and openly. 2100.79 Directors shall function as a part of the whole. Issues should be brought to the attention of the Board as a whole, rather than to individual members selectively. 2100.80 Pursuant to California Law and provisions of the Brown Act, no Board member present during a Closed Session of the District shall disclose to any person the content or substance of any discussion regarding the subject matter of, and which took place during the Closed Session unless the District Board shall authorize the disclosure of such information by majority vote. In no event shall a Board member use such information to advance financial or other private interest of themselves or others. 2100.90 A Board member is not authorized to disclose information that qualities as confidential information to a person not authorized to receive it,that: (a) is protected from disclosure under the attorney/client or other evidentiary privilege, or (b) is not required to be disclosed under the California Public Records Act. 2100.100 In addition to any other penalty or remedy as provided by law, violations of Sections 2100.80 and/or 2100.90 may be used as a basis for disciplinary action or censure of a Board member by the Board in accordance to Code of Conduct Policy Section 2150. The Board shall decide by a majority vote at a noticed meeting if a violation has occurred. If the Board determines a violation has occurred, penalties and remedies include but are not limited to censure or exclusion from participation on that particular topic following a noticed hearing conducted by a majority of the Board. Violations by a Board member shall constitute official misconduct which may require that Board members testimony before the grand jury and if convicted under Section 3060 of the Government Code would be cause for removal. from office. -33- South Tahoe Public Utility District Board Policy Manual '$," Y �� ---",�A +�¢ sk»a"w��5` h'`",�.�'+,.• -'G 7�x z��F�^�f^i °"ch <! �,s-, a,fit,��u�.'iu�"��.,,s�.c,`"'4� �®ram *"' 3030.10 Meetings of the Board of Directors shall be conducted by the Board President in a manner consistent with the policies of the District. 3030.11 If a Director believes order is not beina maintained or procedures are not adequate, then he/she should raise a point of order — not requiring a second — to the President. If the ruling of the President is not satisfactory to the Director. then it may be appealed to the Board. A majority of the Board will povern and determine the point of order. 3030.20 All Board meetings shall commence at the time stated on the agenda and shall be guided by same. 3030.30 The conduct of meetings shall, to the fullest possible extent, enable directors to: 3030.31 Consider problems to be solved, weigh evidence related thereto, and make decisions intended to solve the problems; and 3030.32 Receive, consider and take any needed action with respect to reports of accomplishment of District operations. 30.30.40 Provisions for permitting any individual or group to address the Board concerning any item on the agenda of a special meeting, or to address the Board at a regular meeting on any subject that lies within the jurisdiction of the Board of Directors, shall be as follows: 3030.41 Five (5) minutes may be allotted to each speaker and a maximum of twenty (20) minutes to each subject matter. A member of the public shall not be required as a condition of attendance to register his or her name, to provide other information, or otherwise fulfill any condition precedent to addressing the Board. Information given shall be voluntary. -34- 3030.42 No boisterous or inappropriate conduct shall be permitted at any Board meeting. Persistence in such conduct shall be grounds for summary termination, by the Board President, of that person's privilege of address. 3030.43 No oral presentation shall include charges or complaints against any District employee, regardless of whether or not the employee is identified in the presentation by name or by another reference which tends to identify. 3030.50 Willful disruption of any of the meetings of the Board of Directors shall not be permitted. If the Board President finds that there is in fact willful disruption of any meeting of the Board, he/she may elect any person or persons making personal. impertinent or slanderous remarks, refusing to abide by a request from the President, or otherwise disrupting the meeting. The Board President may order the room cleared and subsequently conduct the Board's business without the audience present. 3030.51 In such an event, only matters appearing on the agenda may be considered in such a session. 3030.52 After clearing the room, the President of the Board may permit those persons who, in their opinion, were not responsible for the willful disruption to re-enter the meeting room. 3030.53 Duly accredited representatives of the news media, whom the President of the Board finds not to have participated in the disruption, shall be admitted to the remainder of the meeting. -35- South Tahoe Public Utility District Board Policy Manual ';�� - �'R} w�+ak�'"�e�'�;- -w"�vo ,!i-��x,�rz z e-d'-�x ,.F, s��r^-- `�I .ram, �i r Y 4.> fi.'2�-- -t �. w_ = M 31 o s-and eci o�s> Y v, �� F F v � g�3040'1 3040.10 Actions by the Board of Directors include but are not limited to the following: 3040.11 Adoption or rejection of ordinances, regulations, or policies; 3040.12 Adoption or rejection of a.resolution; 3040.13 Adoption, approval, or rejection of any contract or expenditure; 3040.14 Approval or rejection of any proposal which commits District funds or facilities, including employment and dismissal of personnel; and, 3040. 15 Approval or disapproval of matters which require or may require the District or its employees to take action and/or provide services. 3040.20 Obtaining the Floor: 3040.21 Any Director desiring to speak should address the President and. upon recognition by the President. may address the subiect under discussion. 3040.30 Motions: 3040.31 Any Director. including the President. may make or second a motion. A motion shall be brought and considered as follows: 3040.311 A Director makes a motion: another Director seconds the motion: and the President states the motion. 3040.32 Once the motion has been stated by the President. it is open to discussion and debate. After the matter has been fully debated. and after the public in attendance has had an opportunity to comment. the President will call for the vote. -36- ar ctmops andDe s ins� � � �z., -, 304l 2�. 5�". rr �s-rs':.tar z.,.. - Cr.. yr -x 1 u , - -'ti z c 3040.321 If the public in attendance has had an opportunity to comment on the proposed action. any Director may move to immediately bring the auestion being debated to a vote. suspending any further debate. The motion must be made.seconded and approved by a majority vote of the Board. 3040.40 Secondary Motions. Ordinarily. only one motion can be consider- ed at a time and a motion must be disposed of before any other motions or business are considered. There are a few exceptions to this general rule. though, where a secondary motion concern- ing the main motion may be made and considered before voting on the main motion. 3040.41 Motion to Amend. A main motion may be amended before it is voted on. either by the consent of the Directors who moved or seconded. or by a new motion and second. 3040.42 Motion to Table,. A main motion may be indefinitely tabled before it is voted on by motion made to table. which is then seconded and approved by a majority vote of the Board. 3040.43 Motion to Postnon e A main motion may be postponed to a certain time by a motion to postpone. which is then seconded and approved by a maioritv vote of the Board. 3040.44 . Motion to Refer to Committee. A main motion may be referred to a Board committee for further study and recommendation by a motion to refer to committee, which is then seconded and approved by a majority vote of the Board. 3040.45 Motion to Close Debate and Vote Immediately. As provided j above. any Director may move to close debate and immediately vote on a main motion. -37- ��,�-- ..� ',.� -ti x bs( a rS' �'o'•- '�' WYS.0 v=,'�;: u7' ��c?�,, � Y' s' a ^'`4.-- .�i sT^�� -ce. ' Sys' ,�`"�r�,'4�;7` "ti s�,a h"1-i+,�+ �4 , , "i ��.- ,3` ; , ."$ '��,, ` �-�". 5�.'r`"E'"•,�' m44 Val- .' 6 �[�1 gar- ,„- ,Y �, , ,::;,a -3 ,y w4>4 a 5--.-, ;,i 0, 021 4-3 bs, - �hs x c ,.z.. xa M°h axc ,_ Fw.• r,'.,. �• a-_•� .w . a., , a 'z s.t,s 3040.50 Action can only be taken by the vote of the majority of the Board of Directors. Three (3) Directors represent a quorum for the conduct of business. Actions taken at a meeting where only a quorum is present, therefore, require all three(3) votes to be effective (unless a 4/5 vote is required by law). 3040.51 A member abstaining in a vote is considered as absent for that vote. A member abstainina due to a conflict of interest does not count towards a auorum. 3040.510 Example. If three of five directors are present at a ! meeting, a quorum exists and business can be conducted. However, if one Director abstains on a particular action and the other two cast "aye" votes, no action is taken because a "majority of the Board" did not vote in favor of the action. 3040.511 Example. If an action is proposed requiring a two-thirds vote and 2 Directors abstain, the proposed action cannot be approved because 4 of the 5 Directors would have to vote in favor of the action. 1 3040.512 Example. if a vacancy exists on the Board and a vote is taken to appoint an individual to fill said vacancy, three Directors must vote in favor of the appointment for it to be approved. If two of the four Directors present abstain, the appointment is not approved. 3040.60 The Board may give directions that are not formal action by a consensus of the Board. Such directions do not require formal procedural process. Such directions include the Board's directives and instructions to the General Manager. The President shall determine by consensus a Board directive and shall state it for clarification. Should any two Directors challenge the statement of the President, a voice vote may be reauested. 1 3040.61 A formal motion may be made to place a disputed directive on a future agenda for Board consideration, or to take some other action (such as refer the matter to the General Manager for review and recommendation, etc.) -38- c%r e r • 19 5 ,N o•it C UTILITY•:ols SOUTH TAHOE PUBLIC UTILITY DISTRICT Richard Soibrig, General Manager 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 _ sue ! REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT JUNE 6,2013 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, June 6, 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 Cefalu, Jones, Vogelgesang, Sheehan STAFF: Solbrig, Sharp, Sciuto, VanGorden, Ryan, Rasmussen, Cotulla, Johnson, Bartlett, Bergsohn, Bledsoe, Attorney Kvistad GUESTS: • Tom Davis & Brooke Laine/City of South Lake Tahoe; Kara Thiel/Feldman MaLaughlin Thiel Attorneys at Law; Andy Engelhardt/Lakeside Park Association; Kevin Lane/Tahoe Stateline Venture; LLC; Mr. Garfinkle; David Kurtzman; Harry Segal Tom Davis, City of South.Lake Tahoe, relayed difficulties facing COMMENTS FROM THE the tenants on the Garfinkle (TJ Maxx) property due to the AUDIENCE unresolved issue between the property owner and the District concerning fees. He requested an Ad Hoc Committee be formed, comprised of two District Board members, and two City Council Members, to find a solution to the problem. Director Schafer noted that a letter was sent to the Lukins Water Company that outlined items that needed to be addressed, -39- REGULAR BOARD MEETING MINUTES-JUNE 6, 2013 PAGE-2 including involvement from the City Fire Department. There has COMMENTS FROM THE been no response to the letter. AUDIENCE (continued) Directors Schafer and Vogelgesang were appointed to an Ad Hoc Committee as requested by Mr. Davis. Brooke Laine and Mr. Davis will serve as the City Council's Ad Hoc Committee. Moved Jones /Second Sheehan / Passed Unanimously to CONSENT CALENDAR approve the Consent Calendar as submitted: a. Polymer Contract Renewal-Authorized one year renewal option of Polymer Contract with Polydyne, Inc., in the estimated amount of$128,304; b. Sewer Enterprise 2013-14 Appropriations Subject to Limitation- Adopted Resolution No. 2932-13 Setting the Limitation on Appropriations for Fiscal Year 2013-14; c. Backhoe Purchase and Trade-In, Underground Repair Water- (1) Awarded bid to the lowest responsive, responsible bidder, Sonsray Machinery, LLC, in the amount of$103,335.31; and (2) Authorized trade-in of 1999 JCB backhoe valued at$13,750, for a total bid amount of$89,585.31; d. Headworks Landscaping Project-Awarded bid to the lowest responsive, responsible bidder, Aerco Pacific, Inc., in the amount of$92,978. ITEMS FOR BOARD ACTION The District has continued discussions with TSV (Tahoe Stateline TAHOE STATELINE VENTURE- Ventures) related to the construction agreement. A modified THE CHATEAU CONSTRUC- agreement,jointly prepared by legal counsel for TSV and the TION AGREEMENT: District was distributed for review and comments. Concerns REDEVELOPMENT PROJECT brought up at the last Board meeting have been addressed NO. 3 in the agreement, such as dedicated easements, dedication of facilities, etc. Also, the existing state of the sewer line was verified to be in good condition. The date of completion was changed from 2013 to 2014 to give the developer a buffer to ensure all permits can be obtained. Harry Segal suggested the Board make sure TSV has clear titles to all the parcels the project would be built on. Kara Thiel responded that Owens Financial acquired necessary parcels through foreclosures and can verify they are vested free and clear with Tahoe Stateline Ventures. Moved Cefalu /Second Voaelaesana I Passed Unanimously to approve the Construction Agreement. -40- REGULAR BOARD MEETING MINUTES--JUNE 6,2013 PAGE-3 Staff gave a PowerPoint presentation showing photos of an SEWER LINE PROTECTION exposed sewer lateral in the channel of Angora Creek, AT ANGORA CREEK approximately 575' east and downstream of the View Circle CROSSING NEAR VIEW Bridge. Regulators have been notified and District crews CIRCLE, EL DORADO stabilized the line with gravel bags. COUNTY, CA District staff determined that the 8" sewer line is at significant risk of structural failure with in the Angora Creek, the consequences of which would include: (1) sudden loss of sewer service to residents in Angora Highlands; (2) significant risk to water quality in the Angora Creek; and (3) sudden sewer surcharges downstream of the sewer line failure. Staff is working with Northwest Hydraulics Consultants to identify potential alternatives for engineering evaluation. Stream bank restoration is one alternative under consideration, and others include extending the gravity sewer line to a downstream manhole, construction of a pump station, or inverted siphon. Funds from the District's utility relocation agreement with the United States Forest Service could possibly be utilized for this project. Moved Jones /Second Sheehan / Passed Unanimously to approve expenditures necessary to identify a preferred engineering alternative; complete required permitting; and develop engineering plans, specifications and estimates of probably costs to provide long- term protection and prevent catastrophic failure of the 8" sewer line crossing found exposed in Angora Creek. Moved Cefalu I Second Voaelaesana I Passed Unanimously to approve payment in the amount of$1,684,070.69. Water and Wastewater Operations Committee: The committee STANDING COMMITTEE met June 3, 2013. Minutes of the meeting are available upon REPORTS request. Director Jones reported on is attendance at the ACWA BOARD MEMBER REPORTS (Association of California Water Agencies) conference held recently in Sacramento, and at the JPIA (Joint Powers Insurance Authority) meeting as the District's representative. He distributed a report summarizing highlights of the conference, and included the costs incurred to attend it. Director Schafer reported on articles of interest from the ACWA newsletter. Richard Solbria reported public meetings were held in Alpine GENERAL MANAGER County as part the FERC process to garner public support REPORTS for the District's hydro generation facility on the C-line. Letters of support will help speed up the permitting process. -41- REGULAR BOARD MEETING MINUTES-JUNE 6,2013 PAGE-4 He also reported on Outreach efforts, including TV spots GENERAL MANAGER covering wafer conservation, the meter program, and REPORTS strategic plan. (continued) 3:10 P.M. ADJOURNMENT TO CLOSED SESSION 3:30 P.M. RECONVENED TO OPEN SESSION . ... . ACTION „ REPORT ON ITEM DISCUSSED DURING CLOSED SESSION....... ..... . .u...p,_.�. ,,. , . . a. Pursuant to Government Code Section 54956.9(b)/Conference with Legal Counsel re: existing litigation re: El 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 CV06-0055-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. 3:30 P.M. ADJOURNMENT Eric W.Schafer, Board President South Tahoe Public Utility District ATTEST: Kathy Sharp, Clerk of the Board South Tahoe Public Utility District -42- SpuTHSTHaF V-•Per 1950 •Nrw- - Co �lT'ILITY � SOUTH TAHOE PUBLIC UTILITY DISTRICT Richard Solbrig, General Manager Assistant General Manager Jq Paul Scioto, i Eric W.Schafer, President BOARD MEMBERS James R. Jones, Vice President Chris Cefalu, Director Randy Vogelgesang, Director Kelly Sheehan, Director ...,,...,.. ,,,..,,,....,.,.,.,u,. - _ ,.. REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT JUNE 20, 2013 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, June 20, 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 Cefalu, Jones, Vogelgesang,Sheehan STAFF: Solbrig, Sharp,Sciuto, Hughes, Brown, Ryan, Cotulla, Bledsoe, Johnson, Thiel, Attorney Kvistad GUESTS: Brooke Laine, Councilwoman, City of South Lake Tahoe Moved Cefalu /Second Sheehan / Passed Unanimously to CONSENT CALENDAR approve the Consent Calendar as submitted: a. Annual Software Support Costs for Utility Billing Software- Approved payment to Springbrook Software, Inc., for utility billing software maintenance and support, in the amount of $23,385.46; b. 2013-2014 Bulk Sodium Hypochlorite Supplies-Awarded bid to the lowest responisive, responsible bidder, Olin Corporation, in the estimated amount of$66,744; c. 2013-2014 Sodium Hypochlorite Supply Drums-Awarded bid to the lowest responsive, responsible bidder, Sierra Chemical Co., in the estimated amount of$11,792.55; -43- REGULAR BOARD MEETING MINUTES-JUNE 20,2013 PAGE--2 d. 2013-2014 Sodium Hypochlorite Supply Totes-Awarded bid CONSENT CALENDAR to the lowest responsive, responsible bidder, Sierra Chemical (continued) Co., in the estimated amount of$14,059.17; e. Ski Run Pump Repair-Authorized repair/rebuild of one Flygt Pump in the amount of$14,708.40, plus tax, from Pac Machine Company, Inc., the authorized area service provider; f. Asphalt Patch Paving-Awarded bid to the lowest responsive, responsible bidder, Thomas Haen Company, Inc., in the estimated amount of$60,260.26; g. Purchase of One 1-1/2 Ton Truck for Underground Repair Water- Authorized purchase of one 1-1/2 ton cab and chassis truck from the State of California competitively bid contract, in the amount of$34,521.31; h. Cattle Grazing Permit 2013: Diamond Valley Ranch-Awarded contract to the highest responsive, responsible bidder, RN Fulstone Co., and Gansberg Ranch, in the monthly amount of$10,000; i. Keller Booster, David Lane Booster, Emergency Retention Basin Liner-Authorized Task Order to Johnson Perkins &Associates, Inc., for property appraisal services, in the amount not to exceed $7,500; j. Headworks Replacement Project: Phase 2-Approved Change Order No. 11 to GSE Construction Company, Inc., in the amount of$55,539.25; k. Association of California Water Agencies Region 3 Federal Affairs Committee Nomination Resolution-Adopted Resolution No. 2933-13 nominating Paul Sciuto; I. Association of California Water Agencies Region 3 Board of Directors Nomination Resolution-Adopted Resolution No. 2934-13; m. Approved Regular Board Meeting Minutes: May 16, 2013. ITEMS OR BOARD ACTION This project includes installation of 8" waterlines and meters on 2013 SIERRA TRACT WATER- segments of the following streets: River, Lodi, Stockton, Chris, LINE REPLACEMENT Elwood, and Armstrong. It will provide significant fire flow PROJECT -44- REGULAR BOARD MEETING MINUTES-JUNE 20, 2013 PAGE-3 improvements, and is being done in coordination with a 2013 SIERRA TRACT WATER- project by the City of South Lake Tahoe,which is expected to LINE REPLACEMENT result in reduced paving costs for the District. PROJECT (continued) Six bids for the project were received at the June 18, 2013, bid opening. Moved Jones /Second Voaelaesana / Passed Unanimously to award bid to the lowest responsive, responsible bidder, Campbell Construction Co., in the amount of$909,260, and to waive a minor bid deviation that was found. The Board has previously approved postponement of scheduled SCHEDULED CAPACITY increases to the water and sewer capacity charges six times- CHARGE INCREASES six separate six-month terms. On July 1, capacity charges are scheduled to increase 36%for water for a standard connection, and 16%for sewer.The increase to water would be the fifth and final step increase developed in the 2006 Water Capacity Charge Study.The increase to sewer would be the fourth of six step in- creases developed in the 2008 Sewer Capacity Study.The Board could also consider increase(s) different from the currently scheduled increases up to the maximum percentages listed above. If was the consensus of a majority of the Board to direct staff to prepare an ordinance postponing wafer and sewer capacity charge increases. This topic will be discussed at a workshop that will be held in the fall. No Board action. Moved Cefalu /Second Sheehan / Passed Unanimously to PAYMENT OF CLAIMS approve payment in the amount of$1,125,292.84 Lukins Ad Hoc Committee Meeting: Ad hoc representatives AD HOC COMMITTEE from the District and City of South Lake Tahoe met and discussed REPORT a new option for accomplishing the task of providing adequate fire flows to the northeast corner of the "Y" (Garfinkle property). The committee determined the best option would be for Lukins to purchase an 8" fire-only connection from the District, and install a fire line. This option seemed to the be best presented to date, and will be considered further. Director Jones reported surety bonds were in place for the BOARD MEMBER REPORTS Chateau Project. A timeline was developed and presented at a City Council meeting. The cost share agreements between the District and Water EL DORADO COUNTY Agency were approved. WATER AGENCY -45- REGULAR BOARD MEETING MINUTES-JUNE 20,2013 PAGE--4 Richard So!bria reported that the management of the Tahoe GENERAL MANAGER Keys Property Association has changed, and are unaware of REPORTS the efforts to dedicate some of their customers to the District. This process will need to be done in conjunction with the District's State Streets Waterline Replacement Project. Assistant General Manager/Enaineer: Pau!Sciuto reported STAFF REPORTS on the legislative activies he was taken over since the District Information Officer position was vacated.The District's presence is being maintained through involvement in ACWA (Association of California Water Agencies) CASA (California Association of Sanitation Agencies), and the Mountain Counties Water Resources legislative committee. He reported on various efforts underway, including letters of support and opposition sent in response to proposed legislative bills. Legal Counsel: Gary Kvistad reported on tentative changes to the Public Records Act. 2:30 P.M. ADJOURNMENT TO CLOSED SESSION 3:35 P.M. RECONVENED TO OPEN SESSION . „ .«... . . .. ..: .. ,... • ... �... .....,. .. . . . .,• ,.,. / ACTIONREPORT ON ITEM DISCUSSED DURING CLOSED SESSION a. Pursuant to Government Code Section 54956.9(b)/Conference with Legal Counsel re: existing litigation re: El 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 CV06-0055-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. -46- REGULAR BOARD MEETING MINUTES JUNE 20,2013 PAGE-S 3:35 P.M. ADJOURNMENT Eric W. Schafer, Board President South Tahoe Public Utility District [ ATTEST: Kathy Sharp, Clerk of the Board South Tahoe Public Utility District 1 -47- General Manager Richard H.Soihrig • 1950 • se �$fer Directors South Tahoe Chris James R.Jones Randy yogelgesang Public Utility District Kelly Sheehan Eric Schafer 1275 Meadow Creet Drive•South Lake Tahoe•CA 96150-7401 Phone 550 544-C474•Fax 530 541-0614•www.etpt4ue BOARD AGENDA ITEM 7.a TO: Board of Directors FROM: John Thiel, Principal Engineer MEETING DATE: July 18, 2013 ITEM-PROJECT NAME: Angora Creek Sewer Relocation Project REQUESTED BOARD ACTION: (1) Hold a Public Hearing to receive comments on the designation of the Angora Creek Sewer Relocation Project as substantially complex; (2) Pursuant to the facts described in the Staff Report, find the Project is substantially complex and require a 10% retention limit; and (3) Authorize staff to advertise for construction bids. DISCUSSION: During a routine inspection on May 20, 2013, District crews discovered an exposed concrete encasement for an 8-inch sewer line crossing at Angora Creek, approximately 575 feet east and downstream of the View Circle Bridge. Upon further inspection, we found that the encased sewer line was not supported by the creek bed along the complete width of the channel-the sewer is essentially spanning the creek with flows running over and under the sewer.The sewer was constructed.in 1967 with 6- foot sections of 8-inch asbestos-cement (AC) sewer pipe and serves 62 residential properties located north of Angora Creek. Staff determined that the 8-inch sewer line crossing Angora Creek is at significant risk of structural failure, the consequences of which include: sudden loss of sewer service to residents in Angora Highlands; significant risk to water quality in Angora Creek due to a sewer spill; and/or sudden sewer surcharges downstream of the sewer line failure due to creek inflow. On May 22nd, District crews installed 177 clean gravel bags upstream and downstream of the sewer crossing as a temporary stabilization measure. Engineering looked at several different alternatives including a pipeline protection project (fortifying the existing sewer crossing in the river), a small pump station to eliminate the sewer crossing, and a gravity sewer extension which would also eliminate the sewer crossing. The alternatives evaluation found the gravity extension alternative to have the least probable cost, lowest risk, greatest reliability, and low environmental impacts. —49— John Thief July 18,2013 Page 2 The proposed 675 LF gravity sewer section includes two new manholes and will begin at existing manhole UT450 on the corner of Mountain Trout Drive and Clear View Drive and terminate at existing manhole UT279 located on the north side of Angora Creek.The first half of the sewer will be in El Dorado County right-of-way with the second half expected to be on State Parks property. The construction cost estimate is $240,000. Up to 2/3rds of the project cost may be reimbursable through the USFS utility line relocation funding for EIP projects-The original ElP project is El Dorado County's 2009 Angora Creek Restoration Project. At this time, staff is trying to verify the actual amount of USFS funding available for this project. Staff is currently working on this in-house design project and working through the permitting process with TRPA, Lahontan, El Dorado County,State Parks, US Army Corps of Engineers, and others, and beginning the CEQA compliance process. While there are many regulatory hurdles in store, the working schedule is as follows: • Advertise for Bids-July 30, 2013. • Mandatory Pre-Bid Conference-August 13, 2013. • Bid Opening -August 22, 2013. • CEQA review period ends-August 22, 2013. • Certify Negative Declaration--August 27, 2013-Special Board Meeting. • Contract Award-August 27, 2013-Special Board Meeting. • Notice to Proceed-September 10, 2013. • Begin new sewer installation-September 14, 2013. • Project Completion-October 15, 2013. Recent legislative amendments to the Public Contract Code, effective January 1, 2012, limit the amount of retention the District can withhold from a contractor for a capital project to 5% of the total contract amount. However, the retention amount may exceed 5%if the Board, at a properly noticed and normally scheduled public hearing, finds that the project is "substantially complex," and that the nature of the project merits a higher retention amount. On February 2, 2012, the Board adopted Resolution No. 2904-12, whereby the Board resolved that when bidding capital projects, the criteria identified therein will be used to determine whether a project is substantially complex such that it justifies a retention amount higher than 5%. District staff recommends that the Board designate the Project as substantially complex (neither Senate Bill 293 nor the provisions of the Public Contract Code define the characteristics of a project that should be considered "substantially complex") and merit a retention amount of 10%, based on the following: • The construction corridor is near Angora Creek and is within SEZ and wetlands areas which are highly sensitive and are highly regulated by TRPA, Lahontan, and the US Army Corps of Engineers; • Based on the limited construction grading season (May 1 - October 15) within the Lake Tahoe Basin, the urgent need for the project, and despite the late construction start, the project must be timely completed without the benefit of a time extension. -50- John Thiel July 18,2013 Page 3 SCHEDULE: See above COSTS: Construction Estimate-$240,000 ACCOUNT NO: Not Budgeted. BUDGETED AMOUNT AVAILABLE: ATTACHMENTS: Project Plan CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer GENERAL MANAGER: YES ; .r NO CHIEF FINANCIAL OFFICER: YES " NO -51- I Angora Creek Sewer Relocation Project #cl 1145 D ys� • TTs�. i to to 0 1151 • D�C'74:15 ' • I .s� C- t. Q p. X 1st04.:e° f (a1 I • 'j f "'Sf 1- X1r,S• dl. Qas S15 . NN 1l L.8 z. e . 'ti of .'Proposal to install 67'5'of gravity / o� sewer from UT450 to UT279 and -- H'i \silk/. o�,`�,Ys+ eliminate the exposeriver croing, 1 O� s) segment:from UT450.to UT449 ^.a Q 0? Ai I mob` ti 'UT449 ; Q ryo , o •. " °' °�'T • MH2 6 4 1 AN • . 76.„ \. J 7x:. °e r CM • 8 E''Q N '.o lap °c 1-34 . G.i• ` 1 sc oh 3 F Cen`'�. Li..UT279 • wry.#�. UT2 0. \/ - °.. ..? 0 85 170 340 Feet AN -53- .I General Manager Richard H.5o1brig • 19 D .}1� I1�c � Directors ris Cefalu TahoeSouth /' James R.Janes - :,�1,: + Kandy Vogclgeyang 'ublc+r Utility �r+�ct Kelly Sheehan Eric Schafer ifir..+ 1275 Mead ow Crest Drive•South Lake Tahoe•CA 5S150-7401 Phone 530 544-S474•Fax 530 541-0614-wwwei pud.us BOARD AGENDA ITEM 7.b TO: Board of Directors FROM: John Thiel, Principal Engineer MEETING DATE: July 18, 2013 ITEM-PROJECT NAME: Angora Creek Sewer Relocation Project REQUESTED BOARD ACTION: Authorize Task Order to Hauge Brueck Associates for environmental documentation, SEZ and wetlands delineation, and other permitting 1 services in the amount not to exceed $26,110. DISCUSSION: This proposed work will support the District's efforts to complete the sewer installation as soon as possible-see associated Board Action Item on the referenced project. The work by Hauge Brueck includes the preparation of and initial study, cultural and biological survey, and an expected Negative Declaration or Mitigated Negative Declaration document which satisfies our CEQA requirements. The proposed work also includes SEZ and wetlands delineation as required by TRPA, Lahontan, and the US Army Corps of Engineers, and other related permitting assistance. SCHEDULE: See above COSTS: Not to Exceed $26,110 ACCOUNT NO: Not Budgeted. BUDGETED AMOUNT AVAILABLE: ATTACHMENTS: Proposal by Hauge Brueck Associates CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer GENERAL MANAGER: YES 4,14 4 NO CHIEF FINANCIAL OFFICER: YES NO -55- NAUGE BRUECK ASSOCIATES www.haugebrueck.com CALIFORNIA P 916-283-5800 F 916-313-3445 2233 Watt Avenue,Suite 230 Sacramento.CA 95825 July 10,2013 NEVADA P 775-588-4700 P.O.Box 10291 310 Darla Court.Suite 209 Nor. John Thiel Zephyr Cove,NV 89448 South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 RE: Angora Creek Sewer Relocation Project, CEQA and TRPA Environmental Documentation I - Dear Mr. Thiel: Hauge Brueck Associates (RBA) appreciates the opportunity to support the District's environmental and permitting requirements for the Angora Creek Sewer Relocation Project. As requested, MBA has prepared a scope of work and estimated budget for the preparation of California Environmental Quality Act (CEQA) and Tahoe Regional Planning Agency (TRPA) environmental documentation/permitting for this project. In order to prepare the scope of work provided below, the following assumptions are used: • An Initial Study/Negative Declaration (IS/Neg Dec) will be the appropriate CEQA document; • The IS/Neg Dec will be prepared using plans available from District staff at the time of notice to proceed; • The project will be located within a County roadway right of way and on either private property or CA State Park's lands that include public service facilities as an allowed use; • For scheduling purposes, it is assumed that a TRPA land capability verification field visit will not be required and that SEZ boundaries will be depicted using existing information and data collected during HBA's wetland delineation task; • The content and analysis included in the IS/Neg Dec may need to be supplemented for use as a TRPA Initial Environmental Checklist; • The District will handle permitting with agencies other than TRPA (e.g., Lahontan, Corps, CA State Parks); • The District will pay permit filing and other fees required by agencies; • The District will prepare site plans and other project mapping in suitable format for use in the IS/Neg Dec; and -57- Mr.John Thiel July 10,20I3 Page 2 • The District will provide the background materials (e.g., topo and tree survey) and data (e.g., cut/fill and land coverage calculations) necessary to prepare the IS/Neg Dec. Scope of Work Task 1 - Review Background Information, Prepare Project Description and Attend Project Meetings with District Staff Hauge Brueck Associates will visit the site, collect available background information for the project area from the District, and consult with TRPA staff regarding permitting requirements. HBA will obtain maps and drawings of the proposed sewer line relocation and a general description of the proposed project from the District, and will prepare a written project description that is of adequate detail for use in the Initial Study/Negative Declaration (IS/Neg Dec). During the course of preparing the draft environmental documentation, one meeting will be attended by the HBA project manager to discuss the Project with District and TRPA staff to ensure adequacy of the analysis and to discuss and resolve potential issues. Task 2 —Jurisdictional Wetland Delineation Study A HBA wetland biologist with expertise in conducting delineations of waters and wetlands will conduct a formal delineation in order to determine the precise location and extent of potential features considered to be jurisdictional by the U.S. Army Corps of Engineers (Corps), California Regional Water Quality Control Board (RWQCB), and California Department of Fish and Wildlife (CDFW). Determination of the boundaries of potential jurisdictional areas will follow standard methodologies as described in the Corps' Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (2010). The following subtasks will be undertaken to complete the delineation study for the project site: Data Review. Prior to conducting the jurisdictional delineation field survey, HBA will review existing background information to identify areas that have the potential to support jurisdictional features. Information that will be reviewed includes (but is not limited to) the following: U.S. Fish and Wildlife Service (USFWS) National Wetland Inventory (NWI) maps; U.S.. Department of Agricultural (USDA) Natural Resource Conservation Service (NRCS) soil survey information; U.S. Geological Survey (USGS) topographic maps; CNDDB and other geospatial data available for the site. Conduct Jurisdictional Wetland/Waters Delineation. HBA will conduct a formal jurisdictional delineation of the project site (including the existing sewer line crossing at Angora Creek that may be removed) in order to determine the precise location and extent of waters and wetlands potentially considered to be jurisdictional by the Corps, CDFW, and/or the RWQCB. This will include recording data on hydrology, vegetation, and soils at upland and wetland data point locations and mapping the extent of potential jurisdictional features. All features that meet the Corps' definition of potentially jurisdictional waters or wetlands will be photographed and mapped by a hand-held GPS unit and/or by hand on available aerial imagery, topographic maps, or project maps and then downloaded/digitized onto the appropriate base map in ArcGIS 10. _58— Mr.John Thiel July 10,2013 Page 3 Prepare Delineation Report. HBA will synthesize the field data and maps and prepare a delineation report, including a GIS-generated map of potentially jurisdictional waters and wetlands identified at the site. The delineation map and report will be prepared in the standard format suitable for submission to the Sacramento District of the Corps of Engineers. The report will be completed following the Corps' Minimum Standards for Acceptance of Preliminary Wetland Delineations and will include all necessary checklist items and/or forms. A narrative describing existing site conditions, results of the jurisdictional delineation, summary of wetlands and water features, and discussion of the regulatory status of the project site will be included. The report will also include maps showing the general site location on a USGS 7.5 minute quadrangle, soil types, and NWI data as stipulated in the Corps' guidance. A list of plant species, including scientific and common names and wetland indicator status, copies of field data forms, as well as representative photographs of the project site will be included as appendices. This report may be used to solicit a formal verification and approval of Section 404 jurisdictional areas by the Corps, RWQCB, and CDFW. Task 3 — Rare Plant Surveys and Report A HBA botanist will conduct a focused botanical survey in accordance with California Native Plant Society's (CNPS) Botanical Survey Guidelines (CNPS 2001), CDFW's Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities (CDFW 2009), and USFWS Guidelines for Conducting and Reporting Botanical Inventories for Federally Listed, Proposed and Candidate Plants (USFWS 2000)_ Prior to conducting the field survey, a records search of the California Native Plant Society Inventory and CDFW's California Natural Diversity Database will be conducted to generate a list of potentially present special status species. Any special-status species identified within the survey area shall be mapped using a handheld Global Positioning System device. Digital photographs shall also be taken of any special-status species populations observed in the field. Upon completion of the rare plant surveys, HBA shall prepare a letter report providing a description of the study methodology; an assessment of existing conditions; summary table of target species; survey results; recommendations for impact avoidance, minimization, and/or mitigation, as necessary; a comprehensive list of all vascular plants observed; and maps that identify the locations of special-status plant species, if found on the site. Task 4 - Cultural Resources Investigation and Report The Area of Potential Effect(APE) for the project lies in a sensitive area and includes a segment of California State Parks property. Based on the likelihood that a federal permit will be required (e.g., wetlands), the report document will be prepared to meet the current guidelines of the Sacramento District. The following scope of work is proposed: 1. An application will be made for a permit to survey the project segment located on California State Parks lands. The permit can take one month to process, so District efforts to speed up approval are required to meet the project schedule. —59— Mr.John Thiel July 10,2013 Page 4 2. A record search will be conducted through the North Central Information Center of the California Historic Resources Information System to identify any cultural resources sites and previous surveys within or adjacent to the APE. 3. A new check of the Sacred Lands files will be made through the Native American Heritage Commission. Letters will be sent to the appropriate identified Native American groups to determine if there are any concerns. A second round of consultation will be conducted. _ 4. A complete survey of the project alignment will be made with a field spot check undertaken along the edges of any paved portions of the route. Any sites present will be completely recorded within areas that are accessible and not located on private property. 5. Site forms will be prepared for resources in the APE. 6. A report will be prepared, detailing the cultural background, results of the records search, Native American consultation, results of the new field survey effort, conclusions and recommendations. Copies will be provided to State Parks relative to the permit, with an electronic copy to the client. Task 5 - Prepare Initial Study/Negative Declaration and Attend Hearing HBA will use the description of the project prepared in Task 1 to prepare the Administrative Draft IS/Neg Dec. The Administrative Draft IS/Neg Dec will provide: • A brief description of the project; • The location of the project; • A proposed finding that the project will not have a significant effect on the environment; • Analysis in an Initial Study documenting reasons to support the finding; and • Mitigation measures, if any, that will be included in the project to avoid potentially significant effects. The Administrative Draft IS/Neg Dec will be prepared by HBA for review by the District. Environmental issues that will be addressed in detail will likely include land use, water quality, soils and grading, SEZ/land capability and coverage, wetlands and cultural resources. Following one round of review by the District, HBA will revise as appropriate, produce the IS/Neg Dec and circulate the document to the State Office of Planning and Research and other interested agencies and members of the public. Concurrent with circulation, the IS/Neg Dec will be noticed in the Tahoe Daily Tribune. During the 30-day circulation of the IS/Neg Dec, HBA will attend a District hearing to take public comment on the environmental document. Task 6 - Final Environmental Documentation and Attend Hearing Upon conclusion of the circulation period of the IS/Neg Dec, a Final Environmental Documentation package will be prepared for District review and presentation to the District Board for approval. The Final Document will include comments received on the IS/Neg Dec, responses to comments (up to 20) and minor revisions to the IS/Neg Dec analysis should they be —60— Mr.John Thiel July 10,2013 Page 5 required. Once the Board has approved the Project, a Notice of Determination will be prepared and sent to the El Dorado County Clerks office for 30-day posting. The filing of a Notice of Determination starts a 30-day statute of limitations on court challenges to the District's approval under CEQA. HBA will also coordinate with the County Clerk's office concerning the District's submittal of CDFG wildlife impact fees. Task 7—TRPA Initial Environmental Checklist Upon the District's completion of detailed plans (e.g., 50% plans) for the Project, HBA will coordinate with TRPA staff to prepare the TRPA public service permit application. The IS/Neg Dec prepared for CEQA will be modified to satisfy TRPA's need for an Initial Environmental Checklist (IEC). Following TRPA review of the application and draft IEC, HBA will respond to TRPA questions for finalization of the TRPA staff summary for project approval. Schedule HBA will work to meet the schedule outlined by the District to begin project construction in late summer 2013. To meet the schedule, the IS/Neg Dec (Task 5) must begin its 30-day circulation by approximately July 22. As a result, it is anticipated that the IS/Neg Dec will not include copies of the reports outlined in Tasks 2, 3 and 4. These reports will be prepared for inclusion in the project file, distribution to other applicable agencies, and review by the District Board before their action on the project. —61— Mr.John Thiel July 10,2013 Page 6 Estimated Budget The estimated work effort for each task is provided below. Tasks will be completed by Rob Brueck (Project Manager), Melanie Greene (Hydrology and Water Quality Support), Amy Parravano (Wetlands/Plants Biologist), Jen DeMartino (GIS Mapping) and Katie Patton (administrative support). HBA's schedule of 2013 hourly rates is attached. Task Hours/Rate Cost Task 1 -Review Background Information/Prepare 16 at$105 $1,680 Project Description/Attend one staff meeting 4 at$170 $680 Task 2—Jurisdictional Wetland Delineation Study 54 at$130 $7,020 12 at$95 $1,140 Task 3 —Rare Plant Surveys and Report 12 at$130 $1,560 4 at$95 $380 Task 4—Cultural Resources Investigation and 2 at$180 $360 Report $2,570* Task 5 - Prepare Initial Study/Negative Declaration 24 at$105 $2,520 and Attend Hearing(1) 16 at$170 $2,720 4 at$95 $380 Task 6- Final Environmental Documentation and 8 at$105 $840 Attend Hearing (1) 8 at$170 $1,360 Task 7—TRPA Application and Initial 8 at$105 $840 Environmental Checklist 8 at$170 $1,360 Direct Costs $700 Total Estimated Costs $26,110 * Subcontractor—Peak and Associates Should you have any questions concerning our assumptions or proposed scope/costs, please do not hesitate to contact me at 775.267.7202. Sincerely, Rob Brueck,Manager —62— Mr.John Thiel July 10,2013 Page 7 UAUGL BRUECK ASSOCIATES 2013 RATE SCHEDULE CLASSIFICATION 1 HOURLY BILLING RATE ASSOCIATE I $50 ASSOCIATE II $55 ASSOCIATE III $65 ASSOCIATE IV $80 ASSOCIATE V $95 ASSOCIATE VI $105 ASSOCIATE VII $115 ASSOCIATE VIII $125 ASSOCIATE IX $150 ASSOCIATE X $170 ASSOCIATE XI $195 Hourly billing rates include labor and overhead(e.g.,office space,office supplies,computers,phones,and incidentals). Mileage billed at IRS rates($0.555/mile as of Jan 1,2012). Other direct costs(ODC)billed at actual cost plus 10%(e.g.,printing,travel and subcontractors). 1 —63— General Manager Richard H.Sotctbrigsoot �, r5� we South Thhoe Chriy Cefalu James R Jones ;„ ,,: j j f. .i[,'�` , ys,/+ Randy Vogelgesang .... Public Utili Vy District Kelly Sheehan Eric Schafer 1275 Meadow Crest pave•South Lake Tahoe•CA 96150-7401 Phone 550 544-6474•Fax 530 541-0614•www.stpud.us { BOARD AGENDA ITEM. 7.c TO: Board of Directors FROM: No Bergsohn, Hydrogeologist MEETING DATE: July 18, 2013 ITEM-PROJECT NAME: Truckee Meadows Sewer Facilities Protection Project REQUESTED BOARD ACTION: Accept the cost proposal from NHC (Northwest Hydraulic Consultants) to provide engineering planning and permitting service through October 2013, in the approximate amount of$30,700 DISCUSSION: The District operates and maintains a sewer pump station (Bellevue Pump Station); an 8-inch sewer collection gravity main; and a 10-inch sewer transmission force main along the northeast margin of the Truckee Marsh. In November 2012, the District informed the CTC (California Tahoe Conservancy) and LRWQCB (Lahontan Regional Water Quality Control Board) of its concerns regarding the recent movement of Trout Creek north toward these facilities and the potential consequences from the prolonged flooding of its utility easement. In order to address these concerns District staff,with assistance from NHC, has developed five (5) preliminary alternatives to reduce the recurrence and duration of flooding present along the utility easement. These include preliminary plans to: redirect flows away from the District facilities; raise the grade overlying the utility easement; relocate sewer facilities outside the stream environment zone; and use of multiple low impact projects to reduce the risk of flooding the easement. On June 27, 2013, District staff and NHC presented an evaluation of these preliminary alternatives for consideration by CTC staff. Based on consideration of the preliminary alternatives evaluation, District staff believes that an adaptive management strategy using multiple small, low-cost/low impact projects within the Truckee Marsh offers the best long-term solution for protection of the District's facilities. In order to start implementation of these projects during the current year, a cost proposal was requested from NHC to assist District staff identify and develop plans for initial actions that could be implemented expeditiously. The NHC proposal includes tasks that will enable the District to move forward with further developing plans and acquiring the necessary approvals from permitting agencies for implementation of these actions upon approval from CTC. -65- No Bergsohn July 18,2013 Page 2 District staff recommends that the Board accept the NHC cost proposal for engineering planning and permitting services, as submitted. SCHEDULE: For engineering and environmental permitting services completed through October 2013. COSTS: $34,700 (approximate) ACCOUNT NO: 1029-8426/TMSFPP BUDGETED AMOUNT AVAILABLE: $500,000 ATTACHMENTS: NHC Proposal for Facilities Protection Planning, Trout Creek and Upper Truckee Marsh, dated July 8, 2013. CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer GENERAL MANAGER: YES 1 NO CHIEF FINANCIAL OFFICER: YES NO rer----- -66- 80 South lake Ave Ste 800 j Pasadena,CA 91101 j 626 440 0080(www nhcweb tom northwest hydraulic consultants 8 July 2013 No Bergsohn South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe,CA 96150 Subject:Proposal for Facilities Protection Planning,Trout Creek and Upper Truckee Marsh Dear Mr. Bergsohn: Northwest Hydraulic Consultants(NHC) is pleased to submit this proposal to assist the District in developing plans to protect existing pipeline and pump station facilities adjacent to Trout Creek and the Upper Truckee Marsh. In early June 2013 we met with the District and reviewed conditions in the field near Bellevue Pump Station in the AI Tahoe subdivision of South Lake Tahoe. Trout Creek has avulsed from its previous channel and is now running along the District's easement for a gravity sewer main and force main that parallels the north side of the Upper Truckee Marsh meadow near Bellevue Pump Station.Because the flow is out of its channel, relatively low flows are resulting in extensive flooding along the easement.The District is concerned that Trout Creek behavior currently prevents maintenance and emergency response access to these lines and may threaten the integrity of the pipelines and pump station over time if corrective channel restoration measures are not taken. NHC reviewed field conditions;reviewed historical information compiled by the District;prepared an informal memorandum on field observations; provided input on potential alternatives for protection of District facilities; and assisted the District to prepare an evaluation matrix for five alternatives. California Tahoe Conservancy is the land owner for the Upper Truckee Marsh,and is currently planning a restoration project that includes the area in which the District's pipeline facilities along Trout Creek are located. In late June we met again with the District to review potential alternatives and assisted the District to present the alternatives and discuss potential restoration measures with the Conservancy.The outcome of the Conservancy meeting indicates that the preferred course of action may be adaptive management measures to restore Trout Creek flows to a more • favorable location and improve the stability of the channel over time.These measures would be designed to be as minimally intrusive as possible on the natural resources and processes of the marsh,would be implemented in a cooperative relationship between the Conservancy and District,and although they would begin in 2013 they might take multiple years to fully implement. The District wishes to begin development of potential adaptive management measures in preparation for subsequent meetings with the Conservancy and permitting agencies,with the objective of moving forward with initial measures in the late summer or fall of 2013.This proposal outlines steps for NHC assistance in developing a plan for protection of District facilities along Trout Creek. The anticipated tasks include: 1. Review field conditions and provide input to alternatives(completed) 2. Develop initial management actions water resource specialists 8 July 2013 No Bergsohn Page 2 3. Coordinate with stakeholders 4. As-directed plan development Each of these tasks is briefly described below. Task 1. Review field conditions and provide input to alternatives This task was completed in June 2013 and is generally described above. Acivities completed include: • Field review of marsh and Trout Creek conditions • Review of historical channel information compiled by the Dsitrict • Review of basic hydrologic information (streamflows,lake levels) • Preparation of an informal field observations memorandum • Input to the District on potential alternatives • Development of effectiveness, risk,construction costs,permitting,and environmental information for an alternatives evaluation matrix • Consultation with the District and attendance at a meeting with the Conservancy to present and discuss alternatives • Others to be identified Task 2.Develop initial management actions NI-IC will develop potential management actions that could be implemented in 2013 to encourage Trout Creek channel development in a location away from the District easement and to improve longer term channel stability. The potential actions may include: • Temporary or vegetative berms or roughness features to encourage channel development in favorable locations • Blocking or roughening unfavorable channel overflow paths • Removing artificial fill and opening previous channels or secondary flow paths away for the pipelines and pump station • Bypass pipes or channels at beaver dams downstream of the pump station to improve flow and sediment continuity • Removing portions of a historical raised roadbed in the marsh to improve flood conveyance and sediment transport • Coordinating with proposed recreational access features contemplated by the Conservancy's marsh restoration plan. The initial management actions will be developed in conceptual form,and will include approximate locations on an aerial photographic or other suitable base map; plan and section sketches; a description of the measure, including objectives for its performance and approximate implementation costs. Task 3.Coordinate with stakeholders The initial management actions from Task 2 will be used in a subsequent meeting with the Conservancy, currently anticipated near the end of July, and to make initial contact with resource and permitting agencies expected to be involved in review or permitting of management measures. in addition to discussions with Conservancy staff,contacts will be made with California Department of Fish and Wildlife,Lahontan Regional Water Resources Control Board,Tahoe Regional Planning Agency,and US Army Corps of Engineers. As part of this task,a field review will be conducted to discuss the proposed measures,implementation constraints and opportunities,and permitting requirements. The information obtained through contact with the agencies will —68— 8 July 2013 No Bergsohn Page 3 be used to prepare a description and implementation strategy for proposed 2013 actions,including a list of any required permits,selected management measure plans and sketches,and estimated costs. The existing pipelines run along back property lines of several residential parcels,and the current flooding affects these properties. Actions to protect District facilities may affect the adjacent parcels in a temporary (e.g.,construction access and activities)or a permanent(channel location relative to property,vegetation effects on views,etc.)manner.The District desires to implement actions that,to the extent feasible,are mutually beneficial to the District and adjacent property owners,and will conduct a neighborhood meeting to provide information on proposed actions and receive input from adjacent property owners. NHC will attend the meeting and will assist the District to describe existing conditions,creek and marsh processes,and the proposed actions. Task 4.As-directed plan development The actions to be implemented in 2013 are not defined at the present time but are anticipated to involve relatively minor grading and vegetative work using techniques that minimize disturbance to the creek and meadow. This task provides an allowance of time for NHC to assist the District in refining plans for measures to be implemented in 2013, preparing permit applications,conducting additional coordination,and identifying material sources and appropriate contracting or construction forces with specialized equipment. The estimated cost for completion of the tasks described above is$30,704.Although Task 1 was completed previously,costs for this task are included in this total to provide a comprehensive cost estimate.The total cost includes approximately$10,000 allocated to Task 4. The type and extent of services needed in Task 4 are subject to some uncertainty at this time,and would be conducted with prior coordination and authorization by the District.The schedule for the anticipated services depends largely on coordination with resource and permitting agencies,but Task 2 is anticipated to begin in mid July and all services are expected to be completed by 15 October. Adaptive management implementation and monitoring will likely be required beyond this date to achieve the District's objectives,but are presently very difficult to estimate and are outside the current scope. We appreciate the opportunity to provide this proposal,and look forward to working with the District to develop environmentally sensitive solutions for protection of this infrastructure. Sincerely, Northwest Hydraulic Consultants Inc. Edward E.Wallace,P.E. Principal File:P613034 —69— interoffice _ MEMORANPUM SOUTH TAHOE PUBLIC UTILITY DISTRICT to: Board of Directors from: Paul Hughes, Chief Financial Officer subject: Payment of Claims Report e date: July 11, 2013 j To facilitate an accurate year-end expense cut-off, Accounts Payable has extended the deadline for submitting invoices to Friday, July 12. As such, the Payment of Claims report will be delivered to you on or about Tuesday, July 16. Your cooperation with our once-a-year inconvenience is appreciated. S:lyearendlmemolpayclaimmemo2013fourth.doc —71— General Manager Richard H.SoWig r s 1950 • Directors ThhoeChris Cefalu James R.Jones D s r s RandyYoge[gesang Public Utility DistrictC.elly5heehan Eric Schafer 127b Meadow Crest Drive•South Lake Tahoe•CA 96150-7401 Phone 530 5 -6474•Fax 530 541-0614•wwwstpud.us BOARD AGENDA ITEM 13.a TO: Board of Directors FROM: Tim Bledsoe, Customer Service Manager MEETING DATE: July 18, 2013 ITEM- PROJECT NAME: Conference with Legal Counsel- Existing Litigation REQUESTED BOARD ACTION: Direct legal counsel. DISCUSSION: Pursuant to Section 54956.9(a) of the California Government code, Closed Session may be held for conference with legal counsel regarding existing litigation: El Dorado County Superior Court Case SC20120227 GRCLT Condominium vs. South Tahoe Public Utility District. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT AVAILABLE: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer 4 GENERAL MANAGER: YES 1.1 NO CHIEF FINANCIAL OFFICER: YES NO pr- -73- ,