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2003 12-18 SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Richard Solbrig, General Manager Paul Sciuto, Assistant Mana~ler James R. Jones, President BOARD MEMBERS Eric W. Schafer, Vice President Duane Wallace, Director Mary Lou Mosbacher, Director Tom Comte, Director IIIIIIIJll/llllll I I IIII I II l/il ill IJll'lll Iii II11111111 I1~11i111 II IJrlll}~J~ilJ Ill[llJl~ll/ll~JJJl REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT DECEMBER 18, 2003 MINUTES The Board of Directors of the South Tahoe Public Utility Distdct met in a regular session, December 18, 2003, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: President Jones, Directors Wallace, Schafer, Comte, Mosbacher. ROLL CALL STAFF: Solbrig, Sharp, McFarlane, Sciuto, Cocking, Hussmann, Adams, Schroeder, Hoggatt, Coyner, Henderson, Attorney Kvistad. GUESTS: Eric Sapirstein and David French / ENS Resources; Lynn Orphan and Matt Setty / Kennedy/Jenks; Jeff, Gretchen, and Tucker Chavarria. Oaths of Office were administered: Director Tom Comte, Seat No. 1, term expires 12/02105; Director Mary Lou Mosbacher, Seat No. 3, term expires 12/07/07; Director Duane Wallace, Seat No. 4, term expires 12/07/07. OATHS OF OFFICE REGULAR BOARD MEETING MINUTES -DECEMBER 18, 2003 " ' PAGE - 2 Consent Item d. (TRPA Mitigation Payment) was brought forward for discussion prior to Board action. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR Moved Mosbacher / Second Comte / Passed Unanimously CONSENT CALENDAR to approve the Consent Calendar as amended: Propane System Disposal - Authorized disposal of the existing propane system in a manner that is in the best interest of the District; bo Al Tahoe Pump Station VFDs (variable frequency drives) - Authorized staff to advertise for bids for two Danfoss VFDs; Co Pioneer Trail Waterline 2003 - (1) Approved Change Order No. 2 for C. B. Ebright Company, Inc., in the amount of $96,804.96; (2) Approved Closeout Agree- ment and Release of Claims; and (3) Authorized staff to file a Notice of Completion with the El Dorado County Clerk; d. See Consent Items Brought Forward; Indian Creek Reservoir - Authorized Kennedy/Jenks Consultants to prepare a mandatory report on the TMDLs (total daily maximum loads) at Indian Creek Reservoir, in the amount of $79,500; Sodium Hypochlorite Storage and Distribution Facilities / Proposal for Design and Construction Assistance Services - Approved proposal from Carollo Engineers in the amount of $199,000; g. Approved Regular Board Meeting Minutes: December 4, 2003. CONSENT ITEMS BROUGHT FORWARD FOR DISCUSSION I ACTION ' Director Mosbacher received clarification regarding how the fees are collected and accounted for. Moved $chafer / Second Comte / Passed Unanimeusly to authorize payment to TRPA for 5% mitigation fee on new sewer connections in the amount of $67,003.20. TRPA (TAHOE REGIONAL PLANNING AGENCY) MITIGATION PAYMENT (Consent Item d.) REGULAR' BOARD MEETING MINuTEs - DECEMBER, 48, 2803 ITEMS ~ BOARD ACTION '" I:)A(~E .'3' I I III II IL lilt Nancy Hussmann reported the Distdct currently has an employee who is on medical leave. A Union shop steward requested employees be allowed to donate their accrued leave to this employee, so that the employee can maintain his employment status and retain health benefits. Staff developed a policy for this and any other future similarly situated employees. Hussmann reviewed provisions and restrictions contained in the policy and recommended its approval. CATASTROPHIC ILLNESS AND INJURY VOLUNTARY LEAVE DQNATION PROGRAM Moved Comte ! Second Mosbacher / Passed Unanimously to approve implementation of employer sponsored leave shadng program. Nancy Hussmann explained the need for a third level of standby, which would require response within a reasonable time, and would allow employees to be outside of the District's service basin during standby duty. Staff met and conferred with the Union and reached tentative agreement on the proposed Side Letter that would replace the current section of the MOU relating to Standby and Emergency Assignments. The Union members held an advisory vote on December 17, 2003, and approved this item. STANDBY SIDE LETTER WITH STATIONARY ENGINEERS LOCAL, 39 Moved Comte I ~econd. Mo~beche, r/. P~ssed Unanimously to approve Standby Side Letter (providing for a third level of standby). Jim Hoggatt reported the engineering staff met with several departments to develop a priodty list for all projects to be designed and constructed in 2004. 2004 ENGINEERING PROJECTS PRIORITY L,I~T, MOved Comte / Second ,$chafer / passed Unanimously to approve priodty list as recommended by staff. Jim Hoggatt reported four bids were received at the November 19, 2003, bid opening. Hoggatt reviewed a minor discrepancy related to the Iow bid - it contain- ed a cledcal error that did not affect the bid total. Staff verified that good faith efforts were made in meeting the Minority Business Enterprise and the Women's Business Enterprise requirements. B-LINE: PHASE 3 EXPORT PIPELINE REPI,ACEMENT. REGULAR BOARD MEETING MINUTES- DECEMBER 18, 2003 Moved Wallace / Second Comte / Passed Unanimously _ to award contract to the lowest responsive, responsible bidder, Cox & Cox Construction, Inc., in the amount of $4,996,642.00, and to waive the minor discrepancy described above. Moved Comte / Second Schafer I Passed Unanimously to approve payment in the amount of $1,441,071.1 5. Water and Wastewater Operations Committee: The committee met December 15. Minutes of the meeting are available upon request. Water Conservation Ad Hoc Committee: The committee attended the District's community forum that was held to seek cooperation and solicit input regarding the 2004 water conservation program. Another forum will be held in January. Director Wallace reported the County Water Agency is busy working on issues related to SMUD. Wallace also reported he served as the agency's Board President for the past year and looks forward to passing the gavel to someone else. Director Wallace reported on his meeting with John Singlaub, TRPAs new executive director. Director Schafer reported the Clean Tahoe program may be discontinued. President Jones reported on his attendance at the ACWA conference. The energy bill was a main topic of discussion. The District received lots of compliments for its stance on MTBE. Director Mosbacher reported on her attendance at the December 16 Alpine County Board of Supervisors meet- ing. She learned the state will likely increase fees charged for water storage and will also impose a 400% increase in the fees charged for dams. The Board of Supervisors relayed their condolences on the recent loss of Director Mosbacher's husband, Barney. PAGE- 4 B-LINE: PHASE 3 EXPORT PIPELINE REPLACEMENT (continued) PAYMENT OF CLAIMS BOARD MEMBERS STANDING COMMITTEE REPORTS BOARD MEMBER AD HOC COMMITTEE REPORTS EL DORADO COUNTY WATER AGENCY PURVEYOR REPORT BOARD MEMBER REPORTS REGULA~ BOARD MEETING MINUTE6 -- DECEMBER' !8, Z003, .... PAGE', Genera! Manager: Richard Solbrig reported on two items: GENERAL MANAGER / STAFF REPORTS 1) Staff is continuing with efforts to obtain the remaining permits for the B-line Phase 3 project, and to finalize the conservation easement with the High School. 2) District Information Officer, Dennis Cocking, recently graduated from the Lake Tahoe Leadership program. Chief Financial Officer: Rhonda McFarlane reported that sharing the grant coordinator position with Alpine County was working out very well. 4:45 P.M. ADJOURNED TO CLOSED SESSION 5:15 P.M. RECONVENED TO REGULAR SESSION AC~I'ON I REPORT ON' iTEMS DI~USSED DURIN'G CLOSED SESSION No reportable Board action. Pursuant to Government Code Section 54956.9(c)lConference with Legal Counsel -Anticipated Litigation: Pioneer Trail Waterline Replacement Near Filter Plant No reportable Board action. Pursuant to Government Code Section 54956(a)/Conference with Legal Counsel- Existing Litigation: STPUD vs. ARCO et. al., San Francisco County Superior Court Case NO. 999128 ..... No reportable Board action. Pursuant to Government Code Section 54956(a)/Conference with Legal Counsel - Existing Litigation: STPUD vs. F. Heise Land & Live Stock Company, Inc., William Weaver, Eddie R. Snyder, Crockett Enterprises, Inc., CIV S-02-0238 MLS JFM United States District Court for the Eastern District of California, Sacramento, CA .... REGULAR BOARD MEETING MINUTES - DECEMBER 18, 2003 PAGE No reportable Board action. No reportable Board action. 5:15 P.M. Pursuant to Government Code Section 54956.9(a)/Confemnce with Legal Counsel- Existing Litigation re: Meyers Landfill Site: United States of America vs. El Dorado County and City of South Lake Tahoe and Third Party Defendants, Civil Action No. S-01-1520 LKK GGH, United States District Court for the Eastern District of Ca. Pursuant to Government Code Section 54957.6(a)/Conference with Legal Counsel- Existing Litigation: STPUD vs. Lakeside Park Association, et al., County of El Dorado, Superior Court Case No. SC20010165 ADJOURNMENT t es R. Jones, B~ai'd President h Tahoe Pub ~tility Distdct Kathy Sharp~"~erk ~ the Boa~l South Tahoc~Public Utility District (DILl --0 ZZ OZ ::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::: ::, ~ :~:~.~.:::