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04-21-05 '-' SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" . Richard SOlbrig, General Manager Eric W. Schafer, President BOARD MEMBERS Paul Sciuto, Assistant Manag~ Duane Wallace, Vice President James R. Jones, Director Mary Lou Mosbacher, Director Tom Cornte, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT APRIL 21, 2005 MINUTES '-' The Board of Directors of the South Tahoe Public Utility District met in a regular session, April 21, 2005,2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: President Schafer, Directors Jones, Wallace, Comte, Mosbacher. ROLL CALL STAFF: Solbrig, Sharp, McFarlane, Sciuto, Cocking, Coyner, Eddy, W. Stanley, Hoggatt, Bergsohn, C. Stanley, R. Johnson, Powers, Frye, Attorney Kvistad. Dale Smith/Smith Design Group GUESTS A moment of silence was held in honor of Mark MEMORIAL Connell, the District's Water Service Representative, who passed away April 18. Moved Comte / Second Mosbacher / Passed Unanimouslv CONSENT CALENDAR to approve the Consent Calendar as submitted: '-' a. Permitting and Environmental Documentation Assistance - Approved Task Order No.2 to Entrix in an amount not to exceed $40,000; REGULAR BOARD MEETING MINUTES - APRIL 21,2005 PAGE - 2 ~ b. Customer Service, Operations and Laboratory Facility - Approved Task Order Amendment 3F for reimbursable expenses to Smith Design Group in the amount of $13,264.72; c. Indian Creek Reservoii Oxygenation System: Pre-Design - Approved proposal from Alex Horne Associates in the estimated amount of $20,500; d. ERB (Emergency Retention Basin) Site Characterization - Approved proposal from Quad Knopf in the estimated amount of $24,981 ; e. Bayview, Helen and South Upper Truckee Wells Drilling Project - (1) Approved Closeout Agreement and Release of Claims; and (2) Authorized staff to file a Notice of Completion with the EI Dorado County Clerk; f. GIS (Geographical Information System) Development - Approved Task Order Amendment No. 18-A to GeoTrans, Inc., in the amount of $20,000; '" g. Bellevue Generator Set - Authorized staff to advertise for bids for a generator set for Bellevue Sewer Pump Station; h. Approved Regular Board Meeting Minutes: April 7, 2005. CONSENT CALENDAR (continued) ITEMS FOR BOARD ACTION \., Jim Hoggatt reported three bids were received for this project at the April 14 bid opening. Bids ranged from $9,498,000 to $10,100,000, with only 0.3% difference between the lowest and second lowest bid, and only 6% difference between the lowest and highest bid (which indicates good, competitive bids). The lowest bid exceeded the budgeted amount by $2,776,000. Staff met with the Board Building Ad Hoc Committee to evaluate the bids and budget. Several financing options were identified and reviewed with the Board. Since the current building does not meet current building standards for snowload, earthquake, and ADA, the "do nothing" option was not feasible. The market is demanding higher prices for this type of work, and costs are not likely to decrease. Staff CUSTOMER SERVICE, OPERATIONS AND LABORATORY FACILITY REGULAR BOARD MEETING MINUTES - APRIL 21, 2005 PAGE - 3 -- '-' recommended the bid be awarded to the lowest bidder. Financing options will be presented for the Board's consideration/action at a future Board meeting. Moved Mosbacher / Second Jones / Passed Unanimously to award the bid to the lowest responsive, responsible bidder, Roebbelen Contracting, Inc., in the amount of $9,498,000. A claim was submitted against the District by B. Jett and K. Pearce in the amount of $600,000 for claimed damages to their home located at 3740 Grass Lake Road (resulting from the October 2004 B-Iine leak). Staff has been unsuccessful in trying to informally resolve this claim and does not believe the District is responsible for the damages claimed. Note: The Board discussed the specific merits of the claim in Closed Session. Board action was taken in open session after Closed Session was held. (See Page 5.) President Schafer opened the Public Hearing at 2:35 p.m. ~ Lisa Coyner reported District customers are currently charged to have their water turned on/off during regular working hours. If snow removal is necessary or the request for a service call is received after regular working hours, the cost can escalate greatly. There are also increased fees for service calls received during District holidays. Staff recommended the Administrative Code be amended to include rate schedules for these service calls in order to provide clear information to customers. It should also be noted that current policy dictates that the service charge is waiyed should the property owner install a customer service shut off valve. In order to encourage new construction to install this valve, the amount waived will be increased. No public comments were received. The Public Hearing was closed at 2:50 p.m. Moved Comte / Second Wallace / Passed Unanimously to enact Ordinance No. 490-05, amending Administrative Code Sections 3.1.51 and 3.1.52, approving new section 3.1.44, and adding definitions for customer service shut \.., off valve, service call, and regular working hours. CUSTOMER SERVICE, OPERATIONS AND LABORATORY FACiLITY (continued) LIABILITY CLAIM AGAINST STPUD RECEIVED FROM B. JETT AND K. PEARCE PUBLIC HEARING - ORDINANCE NO. 490-05: WATER SERVICE CALL CHARGES REGULAR BOARD MEETING MINUTES - APRIL 21, 2005 PAGE - 4 ~ Moved Comte / Second Jones / Passed Unanimously .. .. to approve payment in the amount of $1,316,343.78. Plannino Committee: The committee met April 21 to discuss the feasibility of allowing the EI Dorado County Search and Rescue T earn to use the District's building on Santa Fe (that was formerly occupied by Charter Communications). The committee concluded this arrangement would be acceptable. Rhonda McFarlane will prepare a three-year agreement with automatic one-year rollover each year, which will be place on a future agenda for the Board's consideration/approval. Director Mosbacher reported she received notice from Alpine County of an error in their billing system that resulted in them not invoicing the District over the past four years for the $15,000 per year monitoring charge. District staff will work with them on a method that will ensure these payments are made automatically. Director Jones reported on two items: 1) He will not attend the May 5 Board meeting since he " .. will be at an ACWA conference. .., 2) The Energy Bill will be voted on by the House soon. Several associations representing water companies will protest, claiming that the bill amounts to another unfunded mandate. Leoal Counsel: Gary Kvistad reported on two items: 1) A Senate bill has been introduced regarding pubic officials who serve on more than one board. 2) CalEPA is pushing state and regional water quality control boards to step up their enforcement actions, and to start implementing criminal and civil penalties for serious violations. 3:25 - 3:30 P.M. 3:30 P.M. 3:50 P.M. \.., PAYMENT OF CLAIMS STANDING COMMITTEE REPORTS BOARD MEMBER REPORTS STAFF REPORT MEETING BREAK ADJOURNED TO CLOSED SESSION RECONVENED TO REGULAR. SESSION REGULAR BOARD MEETING MINUTES - APRIL 21, 2005 PAGE - 5 ~ ACTION I REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION Board action was taken during open session below. Pursuant to Government Code Section 54956.9(b)/Liability Claim Against STPUD Received from B. Jett and K. Pearce RECONVENED TO REGULAR SESSION 3:50 P.M. ITEMS FOR BOARD ACTION Moved Jones / Second Wallace / Passed Unanimously to reject the liability claim. LIABILITY CLAIM AGAINST STPUD RECEIVED FROM B. JETT AND K. PEARCE RE-ADJOURNED TO CLOSED SESSION 3:51 P.M. ACTION I REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION ~ No reportable Board action. Pursuant to Government Code Section 54956.9(b)/Conference with Legal Counsel - Anticipated Litigation (Two Cases) 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 aI., United States District Court for the Eastern District of Ca., Sacramento Division, Case No. CIV S-02-0238 MCEJFM No reportable Board action. 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 - APRIL 21, 2005 PAGE - 6 ~ No reportable Board action. \., '-' 5:10 P.M. ATTEST:~ ~~~~fVlL:J Kathy Sharp, rk of the Boatd South Tahoe Public Utility District 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 or 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. ADJOURNMENT Eric W. Scha er, ard President I South Tahoe Public Utility District