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06-21-07 ~ SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" Richard Solbriw,~en~ral~ana~~r Eric W. Schafer, President BOARD MEMBERS Paul~ciuto, . Assistant Mana~er James R. Jones, Vice President Duane Wallace, Director Mary Lou Mosbacher. Director Kathleen Farrell, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT JUNE 21, 2007 MINUTES \., The Board of Directors of the South Tahoe Public Utility District met in a regular session, June 21, 2007, 2:00 P.M., District Office, 1275 Meadow Crest Drive, South Lake Tahoe, Ca. BOARD OF DIRECTORS: President Schafer, Directors Jones, Wallace, Farrell, Mosbacher ROLL CALL ST AFF: Solbrig, Whalen, McFarlane, Cocking, Curtis, Barnes, Coyner, Schrauben, Carrion, C. Stanley, Hussmann, Frye, Brown, Johnson, Hoggatt, Bergsohn, Thiel, Donovan, Powers, Attorney Herrema GUESTS: Virginia Huber - EDC, Rob Tucker - Lahontan, Adam Jenson -Tribune, Lesly Fleck, Mercedes and Herman Marty, Julie Phillips, Patty Kruk, Phyllis Podest, Meghan Cauzillo of ENTRIX, Inc., Dr. Daniel Tormey of ENTRIX, Inc. via teleconference. Consent Item c. (General Manager Performance Evalua- CONSENT CALENDAR tion), was brought forward for discussion prior to Board action. ~ Moved Farrell / Second Mosbacher / Passed Unanimously. to approve the Consent Calendar as amended: REGULAR BOARD MEETING MINUTES - JUNE 21, 2007 PAGE-2 \., a. Re-Roofing of the Maintenance and Electrical Building - Awarded bid to the lowest responsive, responsible bidder, EI Dorado Roofing Inc., in the amount of $111,915; b. Purchase of Computers for Fiscal Year 2007-2008 - Authorized purchase of budgeted computers, in an amount not to exceed $70,700 (including tax); c. See Consent Items Brought Forward; d. Temporary Water Educators "- Approved contract with Substitute Personnel for three temporary water educators, in the estimated amount of $30,000; e. Schue Water Main Extension - Authorized water main extension agreement and the upsizing of a water main extension with respect to a residential project being constructed by Clinton Schue, in an estimated amount of $86,300, which includes labor, materials, and equipment costs, with final terms subject to approval by staff and legal counsel. The District's portion will be approximately 64% of estimate; \., f. Sky Forest Acres Water Main Extension - Adopted Resolution No. 2833-07 accepting the Sky Forest Acres Water Main Extension; g. 2007-2008 Sodium Hypochlorite Supplies - Awarded bid to the lowest responsive, responsible bidder, Sierra Chemical Company, in the estimated amount of $24,657.15; h. San Moritz 50KW Generator - (1) Waived bidding procedures, as outlined in the District's Purchasing Policy, for standardized equipment from the sole area supplier, and (2) Approved purchase of one Katolight Generator (Model D50FJJ4 T2) from Nevada Generator Systems, Inc., in the amount of $22,769, plus tax and shipping; i. 2007 Asphalt Patching and Paving Services - Awarded bid to the lowest responsive, responsible bidder, G.B. General Engineering Contractor, Inc., in the estimated amount of $171,269.25; j. Engineering Interns - Approved contract with Substitute Personnel for two engineering interns, in an amount not to exceed $31,000; ~ CONSENT CALENDAR (continued) REGULAR BOARD MEETING MINUTES - JUNE 21, 2007 PAGE-3 4., k. Customer Service Facility - Landscaping - Authorized staff to advertise for bids to install land- scaping on the Customer Service Facility site and selected sites on the treatment plant property; I. Amendment to Intergovernmental Agreement with Alpine County concerning Grant Services - (1) Authorized Board President to sign an amendment to the Intergovernmental Agreement with the County of Alpine to provide Grant Coordinator services by South Tahoe Public Utility District for the County of Alpine; and (2) Authorized the General Manager to sign an amendment to the Grant Coordinator Employment Agreement to incorporate the change; m. Approved Regular Board Meeting Minutes: May 17, 2007; n. Approved Special Board Meeting Minutes: May 19, 2007; o. Approved Regular Board Meeting Minutes: June 7, 2007. CONSENT CALENDAR (continued) '-' CONSENT ITEMS BROUGHT FORWARD FOR DISCUSSION PRIOR TO ACTION President Schafer stated the requested board action on this item should eliminate "up to a maximum" and should read "Approve General Manager's incentive pay of $16,116 for achievement of 2006/2007 performance goals. " Moved Wallace / Second Jones / Passed Unanimously to amend the requested board action to: "Approve General Manager's incentive pay of $16,116 for achievement of 2006-2007 performance goals." GENERAL MANAGER PERFORMANCE EV ALUA TION (Consent Item c.) Shelly Barnes, Water Conservation Specialist, gave a PowerPoint presentation on the District's new Turf Buy-Back Program. She presented a handout of the program's brochure and newspaper ads. She covered the points of the program as to why buy back turf, the pre-conversion eligibility requirement, landscaping requirements, terms of the rebate and the funding source for the program. She then answered questions of the Board and staff. ~ PRESENTATION: SOUTH TAHOE PUBLIC UTILITY DISTRICT'S TURF BUY-BACK PROGRAM REGULAR BOARD MEETING MINUTES - JUNE 21, 2007 PAGE-4 \.. ITEMS FOR BOARD ACTION 2:30 P.M. PUBLIC HEARING SOUTH UPPER TRUCKEE WELL CONTROL BUILDING AND TREA T- MENT FACILITY PROJECT President Schafer opened the public hearing. Dr. Daniel Tormey, ENTRIX, Inc. joined the hearing via teleconference. Ivo Bergsohn relayed the purpose of this hearing is to provide a forum to receive public input on the project. A hard copy of his PowerPoint presentation of the project was handed out to the public and the board members. He covered the background and schedule, CEQA process, logistics, permit requirements (received and pending.) Findings from the environmental review documents indicate the greatest potential environ- mental impacts from the project on the environment are less than significant. These include: '-' . Potential well interference effects; . Short-term noise impacts during construction; . Long-term noise impact associated with opera- tions; . Short-term transportation traffic impacts due to construction activities. He reported for each of these impacts there are components within the project that address these issues. These include: . Well interference - District is developing a revised Groundwater Ordinance that will allow a connection fee exemption; - construction cost reimbursement for connect- ing to the District water system; . Noise issue - construction: compliance with TRPA work hour restrictions; - operations: use of engineering controls and design features that work together to provide noise control; . Transportation/traffic impacts - traffic controls during construction; - traffic for operations will be less than a single family residence. \., REGULAR BOARD MEETING MINUTES - JUNE 21,2007 PAGE-S \. No state agency submitted any comments during the public review period. Six sets of written comments were received from five interested parties. These comments and staff responses to these comments were provided with the agenda packets and as hand- outs. These written comments and concerns consists of the following issues: . Zoning - allowed in residential area . Aesthetics - scenic beauty of area . Transportation/traffic - increased traffic . Hazardous materials - storage and use . Noise - radio frequency interference . Air emissions ~ Bergsohn summarized the District's responses as follows: . Zoning - TRPA land use policies and EDC Zoning ordinances allow for construction of public water facilities in residential areas under the provisions of special use. Exemption in Government Code that permits local agencies, such as the District to locate facilities used for the production, generation, storage treatment and transmission of water in residential areas. . Aesthetics - scenic beauty of the area. This site has been used as a drinking water facility since early 1960's. The replacement building and native land- scaping were designed by a professional architect to blend with the surrounding neighborhood and to conform with TRPA design review guidelines. All equipment will be enclosed within the structure. . Transportation/traffic - volume of traffic from day to day operations/maintenance of this facility is estimated at two (2) trips per day. Compared to a family residence estimated to produced ten (10) trips per day. Impact would be less. . Hazardous materials - at facility consists of 12 Y2 % sodium hypochlorite used for water disinfection and diesel fuel to power emergency generator. Any potential spills would be contained within the building facility. . Noise - recognized noise would be an issue. The facility was designed to dampen noise. Use of sound surveys, as suggested in the comments, is a good approach and should be considered in determining if additional equipment or features are needed to be installed in order to maintain the quiet and serenity of the area. The District believes the project will be a benefit to reducing radio frequency interference. Relocation of the power drop and proper installation of electrical equipment. \., SOUTH UPPER TRUCKEE WELL CONTROL BUILDING AND TREA T- MENT FACILITY PROJECT (continued) REGULAR BOARD MEETING MINUTES - JUNE 21, 2007 PAGE-6 ~ . Air emissions - Dr. Daniel Tormey, PhD, Senior Principal with the consulting firm ENTRIX, Inc. spoke to the issue of radon air emission. Dr. Tormey explained how the modeling for this project was determined for the report. The following public members voiced their concerns: ~ Phyllis Podesto requested the Board to not do this pro- ject in this area and cited the following reasons: . Traffic and construction inconvenience . No fish in river . Radio frequency noise . Debris from last construction project not cleaned up . In compliance with residential area on river . Ruin property values and peace and quiet Leslie Fleck . Visible from scenic corridor . Noise impact . Radon data calculations She requested the Board do more data calculations before approving the project. Mercedes Marty . Lives next to proposed project . Radio frequency interference . Ten years they have not fixed frequency interference Julie Phillips . No chemist on District staff . Radon . No time to respond to staff's comments . First in industry to do such a project . Lack of communication . Not a valid project She requested the Board take a step back and give the public more time to review reports_ The public hearing was closed at 3:45 P.M, After lengthy discussion and comments, it was the consensus of all parties to continue this item, for two weeks, to allow District staff and the appointed neighborhood representatives to meet and discuss concerns and possible solutions. ~. Moved Farrell / Second Jones / Passed Unanimously _ to table the Board action for two weeks. SOUTH UPPER TRUCKEE WELL CONTROL BUILDING AND TREA T- MENT FACILITY PROJECT (continued) REGULAR BOARD MEETING MINUTES - JUNE 21, 2007 PAGE-7 4:40 to 4:55 P,M, MEETING BREAK ~ Rhonda McFarlane reported the recommendation from SEWER FINANCING the District's financial advisor, Bartle Wells Associates, is to go with the proposal from Union Bank of California. She distributed the written proposal and scope of work for engaging Jones Hall, a Professional Law Corporation. This corporation is familiar with the District and previous- ly provided services in 2004. The contract cost is $30,000. The proposal submitted expires August 27. Moved Wallace / Second Farrell / Passed Unanimously to authorize staff to engage bond counsel services for the sewer financing to Jones Hall, a Professional Law Corporation, in the amount of $30,000. Rhonda McFarlane requested the Board President and SEWER FINANCING the Chief Financial Officer be authorized to sign neces- sary documents as drawn up by Jones Hall, a Professional Law Corporation, bond counsel for the District's sewer financing and execution of said trans- actions. Moved Mosbacher / Second Farrell / Passed Unanimously to authorize the Board President and the Chief Financial Officer to sign documents and execute transaction for the sewer financing. ~ Moved Jones / Second Farrell / Passed Unanimously to approve payment in the amount of $1,962,318.30. PA YMENT OF CLAIMS Water and Wastewater Operations Committee: The committee met June 18. Minutes of the meeting are available upon request. STANDING COMMITTEE REPORTS Finance Committee: Director Wallace reported on the topics of discussion at the June 7 meeting. Minutes of the meeting are available upon request. Building Ad Hoc Committee: Director Mosbacher and AD HOC COMMITTEE REPORTS Director Jones reported the committee met on June 18 to discuss completing the Board Room. Suggestions included a map of the water and sewer systems, and portraits of current Board members. The wall behind the staff table will remain open as this will be used as a screen for overhead projection and slides. Staff will look into implementing these suggestions. Director Wallace indicated his new employment schedule EL DORADO COUNTY WATER may not allow him to attend all of the agency meetings. AGENCY PURVEYOR Director Jones will be filling in as necessary. REPRESENTATIVE REPORT '- REGULAR BOARD MEETING MINUTES - JUNE 21, 2007 PAGE-8 \., Richard Solbrig reported a meeting has been set bet- EL DORADO COUNTY WATER ween EDC DOT Director Richard Shepard, Supervisor AGENCY PURVEYOR Jack Sweeney, Supervisor Norma Santiago, and District REPRESENT A T1VE REPORT representatives to discuss the utility relocation problems. (continued) Director Mosbacher reported on her attendance at the BOARD MEMBER REPORTS Alpine County Contract Commission meeting. Next meeting will be held in July. General Manaoer: Richard Sol brig reported on three GENERAL MANAGER REPORTS items: (1) Fallen Leaf Lake: Stanford Camp - reported that on June 13, 2007, a sewer leak was reported to the District by Stanford Camp personnel. District crews discovered the leak in the force main and replaced a 20' section with a steel pipe. The amount estimated at 300- 500 gallons. District Lab personnel and Rob Tucker of Lahontan were at the scene. Samples taken indicated no sewage had entered the lake. (2) Emergency Management Plan/Training - reported Joe Mengore will be attending a SIMS/NIMS, train the trainer course, in preparation for the required District staff training. This training is required to be eligible for FEMA funds. He reported that a 4-hour training session is also available for elected directors (not required but recommended) at a cost of $1 50 per participant. \. (3) Federal Section 219 Grant Program - reported that the meeting with the Army Corp of Engineers, Tahoe City, and North Tahoe PUD was cancelled, for unknown reasons, by Army Corp of Engineers. Staff is in the process of rescheduling this meeting and will provide the Board with updates. 6:24 P.M. RECONVENED TO REGULAR SESSION ACTION I REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION 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. EI Dorado County and City of South Lake Tahoe and Third Party Defendants, Civil Action No. S-01-1520 LKK GGH, U.S. District Court for the Eastern District of Ca. \., '" \., \., REGULAR BOARD MEETING MINUTES - JUNE 21, 2007 PAGE - 9 No reportable Board action. No reportable Board action. No reportable Board action. 6:24 P.M. ATTEST: Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation Re: Action Filed by Advanced Companies against Nicholas Construction, Inc., EI Dorado County Superior Court Case No. SC-2007-0042 Pursuant to Government Code Section 54956.9(b)/Conference with Legal Counsel - Anticipated Litiqation (One Case) Pursuant to Government Code Section 54957/Public Employee Evaluation: Title - General Manager ADJOURNMENT Address: Phone: ... - ~ 3~ D I am available to respond to questions, D I wish to testify on this agenda item. D I am in favor of the proposed item. D I am opposed to the proposed item, D Other comments: '-' South Tahoe Public Utility District Board of Directors J ~~JmJL;~~ M> J~ I1f ~ tor ldi5~hff!m~f~ //,tv ~ ~t/rI tw ~ ~4IIt ((~~ .., South Tahoe Public Utility District Board of Directors .J Speaker Comment Card (One card per item) Please print. Fill out completely and return to the Board Clerk. Agenda Item No. or Subject as Listed on Agenda: ~~Ve. .Dtt.1br .5\)11....; Title I Affiliation: ~ ~l p",,- Address: POe ~~) 0 SL1"7 c.A q lDl~ Phone: ~ I am available to respond to questions, ~ I wish to testify on this agenda item. D I am in favor of the proposed item. ~ I am opposed to the proposed item, D Other comments: '-' South Tahoe Public Utility District Board of Directors ...1 Speaker Comment Card (One card per item) Please print. Fill out completely and return to the Board Clerk, Agenda Item No, or Subject as Listed on Agenda: Title / Affiliation: ~ e'rCedes f.-\o..l.-}.)' Address: 3> \ 3 (: c~ 'rel- \AJGU--t, Phone: S Tf LJ 3J h~ lAJ e1J !I~ JIIf/1 ~ D I am available to respond to questions. D I wish to testify on this agenda item. D I am in favor of the proposed item. ~ I am opposed to the proposed item, D Other comments: '- ~ South Tahoe Public Utility District Board of Directors Speaker Comment Card (One card per item) Please print. Fill out completely and return to the Board Clerk. Agenda Item No, or Subject as Listed on Agenda: 'S t P u -D Y) au Lv W Title / Affiliation: ---H e'V W) Cl Y) ~ 0. ~ Address: Phone: '3 I :3 2- C ::\ )' e.t u ) t:l1j D I am available to respond to questions. D I wish to testify on this agenda item. D I am in favor of the proposed item. ~ I am opposed to the proposed item, D Other comments: '-' .J South Tahoe Public Utility District Board of Directors D 1il D ~ U """2..- I am available to respond to questions, I wish to testify on this agenda item. I am in favor of the proposed item. I am opposed to the proposed item, Other comments: \. 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J Petition Stop the South Tahoe Public Utility District's (STPUD) Plan for the South Upper Truckee Well Controls Building & Treatment Facility To the STPUD Leadership: Weare opposed to the proposed project in the South Upper Truckee/Egret neighborhood for the following reasons: . potential short and lom!-term impact on people and the environment . dan!!erous release of radon (a deadly and dan!!erous radioactive ~ in a neighborhood 13' above the ground on a possible 24/7 basis, year-round and within 100' of surrounding homes . potential health and environmental impacts on Christmas Valley by the "low level hummin!! noises" on a 24/7, year-round basis . the industrial operation in a residential area is inappropriate land use and impact our property values . the industrial storage of hazardous chemicals and diesel fuel in a residential area ofthis magnitude is unacceptable \. For these reasons, please stop this project immediately! 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