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03-17-05 ~ '-' 4w SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Richard SOlbrig, General Manager Eric W. Schafer, President Paul Sciuto, Assistant Manag:;.. Duane Wallace, Vice President BOARD MEMBERS James R. Jones, Director Mary Lou Mosbacher, Director Tom Comte, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT MARCH 17, 2005 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, March 17,2005,2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: President Schafer, Directors Jones, Wallace, Cornte, Mosbacher. ROLL CALL STAFF: Solbrig, Sciuto, Sharp, McFarlane, Cocking, Coyner, D. Johnson, Bergsohn, R. Johnson, Thiel, Hoggatt, Attorney Kvistad. Gregory Delagnes, Cruz Excavating GUESTS Staff requested the Requested Board Action on Consent Item a. be corrected to read "effective January 1, 2005 through December 31, 2005." CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR Moved Cornte I Second Wallace I Passed Unanimouslv to approve the Consent Calendar, including the change described above: CONSENT CALENDAR REGULAR BOARD MEETING MINUTES - MARCH 17,2005 PAGE - 2 . a. Professional Plan Review Services - Authorized '-' renewing contract with Wolf Lodge Consulting and BackfJow Services, LLC, effective January 1, 2005 through December 31, 2005; b. Mobile Automatic Reading System - Authorized contract with Western Nevada Supply in an amount not to exceed $150,000; c. Customer Service, Operations and Laboratory Facility - Approved Change Order NO.5 to Don Garcia Excavating and Paving, in the amount of $23,109.80; d. Customer Service, Operations and Laboratory Facility - Approved Task Order No. 3-D to Smith Design Group for expanded design services in the amount of $124,186.00; e. Customer Service, Operations and Laboratory Facility - Approved Task Order No. 3-E to Smith Design Group in the amount of $38,313.94; f. Incineration Equipment Disposal - Authorized disposal \. of incineration equipment in a manner that is in the best interest of the District; g. Chlorination Equipment Disposal - Authorized staff to dispose of chlorination equipment in a manner that is in the best interest of the District; h. Bayview, Helen and South Upper Truckee Wells Drilling Project - Approved Change Order No. 1 to Zim Industries, Inc., in the amount of $61,027.26; i. Sodium Hypochlorite Storage and Distribution - Approved Change Order NO.1 to K.G. Walters Construction in the amount of $30,677.21; j. Management MOU (Memorandum of Understanding) - Extended managers' MOU to the time current negotiations are completed; k. Approved Regular Board Meeting Minutes: March 3, 2005. ~ CONSENT CALENDAR (continued) REGULAR BOARD MEETING MINUTES - MARCH 17,2005 PAGE - 3 ITEMS FOR BOARD ACTION \., Staff requested Kennedy/Jenks Consultants submit a proposal to furnish the survey and design services for the Snowshoe Thompson ditch pipeline. This is the section of ditch that goes above the Woodford Inn in Alpine County that failed in 1997. At that time, the District wanted to repair this section of ditch with a pipeline, but was unable to do so because of opposition from Heise Land and Livestock, so only ditch repairs were made. Since Heise Land and Livestock is no longer a part owner of the ditch, the District filed for and received a $250,000 grant to replace this ditch with a pipeline. The grant requires all work be completed by December 2005. Moved Mosbacher / Second Jones / Passed Unanimouslv to approve Task Order No. 12 to Kennedy/Jenks Con- sultants for design services in the amount of $87,000. '-' Two general contractors submitted bids on this project. Both bids were high, with the lowest bid received for $2,043,188.64 from Cruz Excavating. Jim Hoggatt recommended rejecting both bids because the lowest bid was $500,000 over the amount budgeted for this project. Staff will re-evaluate the project, including possible redesign and value engineering in order to bring the project within the budgeted amount. Since this project is not an emergency or a requirement from an environmental agency, there is time to re-evaluate and re-bid by January or February 2006. Staff notified both bidders that this would be their recommendation to the Board. As a result, the lowest bidder, Cruz Excavating, submitted a letter for the Board's consideration, asking the Board to award the project as a bid and then to issue a subsequent change order reducing certain materials to realize significant savings. Hoggatt stated changing the project specifications after the bid process is not legal and recommended the Board reject all bids. He encouraged both companies to partici- pate when the project is re-bid. . '-' Moved Wallace / Second Jones / Passed Unanimouslv to reject bids received for this project, and directed staff to re-evaluate the project. SNOWSHOE THOMPSON NO.1 PIPELINE WILDWOOD AVENUE SEWER INTERCEPTOR REGULAR BOARD MEETING MINUTES - MARCH 17,2005 PAGE - 4 \. This contract is for temporary personnel for the District's Water Conservation Program. The program was very successful during the 2004 season in providing educational and enforcement services in an effort to implement the conservation efforts as required by the Administrative Code. Last year the District employed four educators; this year the plan is to hire two, and increase to three depending on the need. The program will be effective April 11, 2005, with the recruitment of one Lead Water Educator. An additional educator will be hired, effective May 30, 2005. Moved Comte I Second Jones I Mosbacher Voted No I Passed to authorize contract with Blue Ribbon Personnel in the estimated amount of $60,000. (Director Mosbacher voted no because she objected to contracting with a company that is based outside of the local community). -. Presently, each Board member receives $400 per month, plus benefits, for serving on the Board of Directors. The compensation has been the same for at least two decades. The District's legal counsel has reviewed the law concerning Board member compensation, the Public Utility Code and the Water Code. The Public Utility Code provides for compensation on a monthly basis and the Water Code provide for compensation on a per meeting basis. Considerable discussion was held regarding the best way to compensate Board members and whether an increase is warranted, taking into account the length of time since the last compensation increase, expense to the District's customers in relation to the services provided by the Board members, and the need to attract and retain members of the community to serve on the Board of Directors. Two bills, the Ortiz and Salinas bills, are being proposed to the legislature that will dictate parameters Boards must follow. It was the consensus of the Board to postpone dis- cussion regarding a change to the policy on Board member compensation until legislation on either bill is finalized. No Board action. Moved Comte I Second Wallace I Passed Unanimouslv to approve payment in the amount of $861,378.30. \., TEMPORARY EMPLOYMENT SERVICES FOR TWO WATER EDUCATORS BOARD MEMBER COMPENSATION PAYMENT OF CLAIMS REGULAR BOARD MEETING MINUTES - MARCH 17, 2005 PAGE - 5 \., Finance Committee: The committee met March 9 and 10 to review the 2005/2006 budget, ten-year financial plan, and second quarter financial statements. A Board Work- shop on the budget will be held March 23. Water and Wastewater Operations Committee: The committee met March 14. The main topics of the meeting were the B-line Phase 3 and Wildwood Sewer projects. Minutes of the meeting are available upon request. Manaaernent Neaotiations Ad Hoc Committee: The committee meet March 11 and 15 to discuss the managers' proposal. Director Jones reported he traveled to Washington, D.C. to speak before a coalition of agencies formed to fight safe harbor language in the Energy Bill (language that would protect oil companies from pollution lawsuits and provide them with a tremendous amount of money to reimburse them for the inconvenience of retrofitting their refineries). All costs to attend this meeting were paid for by the Association of Municipal Water Agencies. -. Director Mosbacher reported on her attendance at the Alpine County Board of Supervisors meeting. A lawsuit has been filed against the developer over the proposed development in Markleeville. The Board of Supervisors voted to renew the contract for the grant coordinator position the District's shares with Alpine County. BOARD MEMBER STANDING COMMITTEE REPORTS BOARD MEMBER AD HOC COMMITTEE REPORTS BOARD MEMBER REPORTS General Manaaer: Richard Solbrig reported on two items: GENERAL MANAGER REPORTS 1) The problem with the wastewater treatment plant's microbiological process has been resolved, but the reason for the upset has not been determined. Various changes have been made in attempts to eliminate any probable causes. The emergency retention basin and the extra water in the holding pond were drained. No violations occurred during the entire process. 2) A Strategic Plan was developed to help prioritize projects, and will be incorporated into the budget process. It was the consensus of the Board to hold a workshop to discuss the Strategic Plan in detail. ~ Director Wallace reported he saw an article in the Sacramento Bee reporting that terrorists have listed additional targets, and one was chlorine tanks. The District has eliminated this risk by no longer using BOARD MEMBER REPORT REGULAR BOARD MEETING MINUTES - MARCH 17, 2005 PAGE-6 " . .. chlorine. Director Mosbacher noted that our streets .., and residential neighborhoods are also safer since tankers are no longer required to make chlorine deliveries. District Information Officer: Dennis Cocking reported on his attendance at the ACWA Legislative Affairs meeting. He also updated the Board on various bills that are of interest to the District. Attorney Kvistad reported on a bill that would provide hearing procedures for state and regional water quality control boards to follow. Chief Financial Officer: Rhonda McFarlane reported a public meeting on the 2005/2006 budget will be held at 6:00 p.m., April 28, at the City Council Chambers 3:20 - 3:30 P.M. 3:30 P.M. 5:05 P.M. -. BOARD MEMBER REPORT (continued) STAFF REPORTS MEETING BREAK ADJOURNED TO CLOSED SESSION RECONVENED TO REGULAR SESSION ACTION I REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION No reportable Board action. 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(a)/Conference with Legal Counsel - Existing Litigation: STPUD vs. 1442.92 Acres of Land in Alpine County, California; et aI., United States District Court for the Eastern District of Ca., Sacramento Division, Case No. CIV S-02-0238 MCEJFM Pursuant to Government Code Section 54956.9(c)/Conference with Legal Counsel - Anticipated Litigation: Pioneer Trail Waterline Replacement Near Filter Plant REGULAR BOARD MEETING MINUTES - MARCH 17, 2005 PAGE - 7 No reportable Board action. \., -. tw No reportable Board action. No reportable Board action. 5:05 P.M. ATTEST: =Ai-~~~g;;, Kathy Shar, lerk of the oard South Tahoe Public Utility District Pursuant to Government Code Section 54956. 9( c)/Conference with Legal Counsel- Anticipated Litiaation: Beth Jett / Kendall Pearce Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation re: Meyers Landfill Site: United States of America vs. EI 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 Labor Negotiators - Agency Negotiators: General Manager, Management Negotiations Ad Hoc Committee, Board of Directors; Employee Organization: Management Unit ADJOURNMENT Eric W. Sch fer, ard President South Tahoe Public Utility District ~ all I- ~ '- ~ C) z - .... w.... Ww :Ew UJ:I: 0:::(1) OZ ...... oz wC) 0:::- _0 C.... LLUJ OW C:) 0:::C) ~ m ~ ~ Z :;:) ..J o >. 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