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2004 09-16SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Richard S0!bri~l,.GeneraI Mana~ier ..........................pau! Sciut0' A~istant .Mana~ler James R. Jones, President BOARD MEMBERS Eric W. Schafer, Vice President Duane Wallace, Director Mary Lou Mosbacher, Director Tom Comte, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT SEPTEMBER 16, 2004 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, September 16, 2004, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: President Jones, Directors Schafer, Comte, Mosbacher, Director Wallace was absent. ROLL CALL STAFF: Solbrig, Sharp, McFarlane, Sciuto, Cocking, Bird, Hoggatt, Henderson, Thiesen, Thiel, Frye, Attorney Kvistad. GUESTS: Feldman Shaw LLP representative. Consent Item e. (B-line Export Pipeline Replacement Project) change order to Cox & Cox - the amount was changed to $270,000 (instead of $250,000). CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR Consent Item g. (Sierra Shores Sewer Main) was brought forward for a separate vote due to a potential conflict of interest. Moved Schafer / Second Comte / Wallace Absent / Passed to approve the Consent Calendar as amended: CONSENT CALENDAR ' REGULAR BOARD MEETING MINUTES- SEPTEMBER 16, 2004 ' PAGE- 2 Final Effluent Motor No. 1 - Approved payment to All Electric Motors for repairs in the amount of $15,486.23; CONSENT CALENDAR (continued) b. Replace Crane (Truck 27) - Authorized staff to advertise for bids for a new 15-ton crane; Customer Service, Operations and Laboratory Facility - Approved Change Order No. 1 to Garcia Excavating and Paving in the amount of $12,270.55; Customer Service, Operations and Laboratory Facility - Approved Task Order 3-A to Smith Design Group in the amount of $21,918.42; B-line Export Pipeline Replacement: Phase 3 - Approved Change Order No. 2 to Cox & Cox Construction, Inc., to work overtime on Fridays and Saturdays through the remainder of the project in an amount not to exceed $270,000; Temporary Help for Engineering - Approved extending the contract of a temporary employee through November 2004, from Substitute Personnel & Business Services, in an amount not to exceed $13,600; g. See Consent Items Brought Forward; h. Approved Regular Board Meeting Minutes: August 19, 2004. CONSENT ITEMS BROUGHT FORWARD FOR ACTION I DISCUSSION Director Schafer disqualified himself from participation in this item due to a potential conflict of interest - his spouse is employed by Feldman Shaw LLP, a law firm of the project's developer. He left the room while this item was being discussed and voted on. SIERRA SHORES SEWER MAIN (Consent Item g.) Sierra Shores, Inc., is developing a residential project at Takela and Lake Tahoe Boulevard. As part of the project, the developer must relocate a portion of the sewer main to avoid interference with new residences being constructed. As part of this work, the sewer main must also be relocated on two adjacent parcels owned and approved by the California Tahoe Conservancy (CTC). The CTC and Sierra Shores will grant the District a new easement over their respective properties. Sierra Shores will enter into 'REGULAR BOARD MEETING MINUTES- SEPTEMBER 16, 2004 3 a construction agreement with the District for relocating the sewer main and to pay for all related costs and expenses. The agreement requires Sierra Shores to main- tain a performance bond for one year to guarantee correction of any defects in construction and to dedicate the new sewer main facilities to the District. Moved Comte / Second Mosbacher / Schafer Abstained / Wallace Absent / Passed to approve the Easement Agree- ment for Public Sewer and Sewer Main Construction Agreement for relocating one of the District's sewer mains to allow construction of a residential project being constructed by Sierra Shores, Inc., with final terms subject to approval by staff and legal counsel. PAGE- SIERRA SHORES SEWER MAIN (Consent Item g. - continued) President Jones presented Chief Financial Officer, Rhonda McFarlane, with a plaque for the 9th annual CAFR report. District staff members were acknowledged for their contributions to the report. McFarlane stated the District recently received the highest bond rating possible - a AA credit rating. PRESENTATION: Government Finance Officers Association Award of Excellence in Financial Reporting for Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended June 30, 2003 ITEMS FOR BOARD ACTION Cox & Cox, the general contractor on the B-line project, requested the District's approval to substitute a new welding subcontractor (Bruce Welding) for the welding subcontractor listed in its bid (ArcMaster Welding) due to deficient performance. ArcMaster has consented to the substitution request. B-LINE EXPORT PIPELINE REPLACEMENT: PHASE 3 Moved Schafer / Second Comte / Wallace Absent / Passed to approve substitution of new welding sub- contractor (Bruce Welding) as a substitute for the subcontractor indicated in the bid submitted by Cox & Cox Construction, Inc., (ArcMaster Welding). The District currently withholds 10% of each progress payment per provisions of the contract documents for the project. The law requires the District to hold at least 5% retainage on actual work completed. Cox & Cox has requested the retention be reduced from 10% to 5%. Since the project is over 50% complete, the District may make any of the remaining progress payments in full for actual work completed, provided that at least 5% of the contract project has been withheld at that point. Staff recommended approving this request to expedite the project. B-LINE EXPORT PIPELINE REPLACEMENT: PHASE 3 REGULAR BOARD MEETING MINUTES- SEPTEMBER '16, 2004 Moved Comte / Second Mosbacher / Wallace Absent / Passed to authorize making the remaining progress payments to Cox & Cox Construction, Inc., in full for actual work completed without any further retention, and pay Cox & Cox that portion of the retention currently held by the District in excess of 5% of the current contract amount, as modified by change orders, in the amount of $57,058.31; provided that 5% retention shall be withheld from any future increases in the contract amount, if any. Moved Schafer / Second Comte / Wallace Absent / Passed to approve payment in the amount of $1,162,384.17. Water and Wastewater Operations Committee: The committee met September 13. A tour of the B-line export pipeline replacement project was included as part of the meeting. Minutes of the meeting are available upon request. General Mana.qer: Richard Solbdg reported on two items: 1 ) Alpine County is developing a connection agreement to present to the District. Insurance issues between the County and Sorensen's Resort need to be decided upon before the agreement can be finalized. 2) Heavenly Valley is interested in receiving more water for snowmaking. They have proposed to make the improve- ments to the District's delivery system that would be needed to accommodate increased pumping rates. Assistant General Mana,qer: Paul Sciuto reported the on the progress of the B-line Export Pipeline Replacement Project: Phase 3. To date, 728-feet of pipeline has been installed. Weekly meetings with the contractor, plus working overtime and six days per week, are helping to keep the project on schedule. President Jones narrated a computerized slide show of the pictures he took of the project. District Information Officer: Dennis Cocking reported on two items: 1 ) He will meet with TRPA's public information officer (PLO) to discuss how the District can provide input on Pathways 2007. PAGE- 4 B-LINE EXPORT PIPELINE REPLACEMENT: PHASE 3 (continued) PAYMENT OF CLAIMS BOARD MEMBER STANDING COMMITTEE REPORT GENERAL MANAGER / STAFF REPORTS REGULAR BOARD MEETING MINUTES - sEPTEMBER 15, 2004 PAGE 2) Water Conservation Program - The water use for August was higher than last year's usage. He will talk to TRPA's PlO about their revegetation requirements and the amount of water used to comply. GENERAL MANAGER / STAFF REPORTS (continued) Director Comte reported the agency's September 8 meeting was held in South Lake Tahoe. The agency has been focusing on SMUD-related issues. EL DORADO COUNTY AGENCY WATER PURVEYOR REPORT 3:20 - 3:25 P.M. MEETING BREAK 3:25 P.M. ADJOURNED TO CLOSED SESSION 4:15 P.M. RECONVENED TO REGULAR SESSION "ACTION I REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION No reportable Board action. No reportable Board action. Pursuant to Government Code Section 54956.9(c)/Conference with Legal Counsel- Anticipated Litigation (One Case) Pursuant to Government Code Section 54956.9(c)/Conference with Legal Counsel- Anticipated Litigation: Pioneer Trail Waterline Replacement Near Filter Plant No reportable Board action. Pursuant to Government Code Section 54956.9(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 54956.9(a)/Conference with Legal Counsel- Existing Litigation: STPUD vs. 1442.92 Acres of Land in Alpine County, California; et al., United States District Court for the Eastern District of Ca., Sacramento Division, Case No. CIV S-02-0238 MCE JFM REGULAR BOARD MEETING MINUTES- SEPTEMBER t6, 2004 PAGE - 6 No reportable Board action. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel- Existing Litigation re: Meyers Landfill Site: United States of America vs. El Dorado County and City of South Lake Tahoe and Third Party Defendants, Civil Action No. S-01-1520 LKK GGH, United States District Court for the Eastern District of Ca. 4:15 P.M. ADJOURNMENT J~m/e/s R. Jones, Bo/~r~ President Svo~th Tahoe Publi(~tility District ATTEST: ~--~.~z~--~/"~ _.~ ~ Kathy Shar~)cC,]erk of the B~ard South Taho~rPublic Utility District OZ, oo fi/ 0 0 0