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07-05-07 \., SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" R. ichard So.lbri.w, General Mana9. er. ~ . .. . _ H Eric W. Schafer, President ,~~._.. ., BOARD MEMBERS . .. . ~aul Sciuto:. Assist~nt ~anaier James R. Jones, Vice President Duan~~aUac_e!pire~or _ ~._.~.,. Ma!y ~o~.IYI<>.s~~~h.~r, Dire<?!~i.H" Kathleen Farrell, Director 'm.' .. ... ~, , ,,_ '" ... REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT JULY 5, 2007 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, July 5, 2007, 2:00 P.M., District Office, 1275 Meadow Crest Drive, South Lake Tahoe, Ca. \. BOARD OF DIRECTORS: President Schafer, Directors Wallace, Jones, Farrell, Mosbacher. ROLL CALL STAFF: Solbrig, Sciuto, Sharp, Coyner, R. Johnson, Cocking, S. Gray, Donovan, Brown, Callian, T. Powers, Hoggatt, Ryan, Bird, Bergsohn, Attorney Herrema. (McFarlane participated via teleconference.) GUESTS: Dr. Tormey and Meghan Cauzillo/ENTRIX, Inc.; Ernie Claudio, Lesly Fleck, Herman Marty, Hank Raymond, Karyn and Ron Yost. Hank Raymond relayed his concerns about water supply for fire suppression and system vulnerability in the North Upper Truckee neighborhoods during a catastrophic fire. He offered suggestions for consideration. COMMENTS FROM THE AUDIENCE '-' Dan Freeman, Lukins Water Co. customer, reported on the lack of water pressure, and dirt that comes through the lines at his residence on 15th Street. Mr. Freeman also reported on the mandatory water restrictions imposed in the areas served by the Lukins Water Co. He was told the restrictions were in place because the water company was filling up fire trucks REGULAR BOARD MEETING MINUTES - JULY 5, 2007 PAGE - 2 ~ during the Angora Fire. Upon further investigation, he determined Lukins did not use water for fighting the Angora fire, and felt the restrictions were in place due to the dilapidated system. He also reported he witnessed Lukins' tap into the District's water system in January. Moved Jones / Second Farrell / Passed Unanimously to approve the Consent Calendar as submitted: a. Seasonal Help - Approved issuing Purchase Order to the Substitute for seasonal help, in the amount not to exceed $30,000; b. WWTP Emergency Generator Diesel Spill - Approved the proposal from Farr West Engineering to complete a groundwater assessment for the WWTP emergency generator diesel spill in the estimated amount of $10,992; c. Indian Creek Reservoir TMDL - Approved proposal from SubAquatic Solutions to complete diving services at Indian Creek Reservoir, in the estimated amount of $2,827. COMMENTS FROM THE AUDIENCE (continued) CONSENT CALENDAR \., ITEMS FOR BOARD ACTION Lisa Coyner reported staff has received requests for relief from water/sewer service charges longer than the typical six-month waiver period for those owners whose homes were destroyed by the Angora Fire. Because of the severity of the fire and the large amount of recons- truction necessitated by this natural disaster, she recommended the Board provide additional relief from service charges. The Board directed staff to bring a proposal to the July 19 Board meeting to waive fees up to three years (with a review at the two year mark), or until services were requested to be turned back on. At the end of three years, individual situations could be assessed and provided with a longer waiver if necessary. Coyner reported penalties resulting from the 2nd quarter billing would be waived for all customers since nearly everyone was affected by the fire in some way. No Board action. ~ SERVICE CHARGE RELIEF FOR ANGORA FIRE VICTIMS REGULAR BOARD MEETING MINUTES - JULY 5, 2007 PAGE - 3 \., At the June 21 Public Hearing, the Board removed from consideration action on the final environmental documentation package. Certification of the Negative Declaration of Environmental Impact was tabled for two weeks to allow Board members additional time to consider written comments received during the public review period and accompanying responses to those comments. Certification will allow staff to file a Notice of Determination with the Office of Planning and Research and with the EI Dorado County Clerk. Filing the Notice of Determination will enable the District to provide evidence of CEQA (California Environmental Quality Act) compliance to meet the California Department of Health permitting require- ments. A stakeholders group was established between District staff and concerned neighbors. The group met on June 29. Lesly Fleck, who attended the meeting, reported to the Board she felt a good faith effort was made to meet the concerns presented by the group. The advisory group will remain in affect to allow for future discussions if there are more problems. She stated she has a positive feeling for the project and no longer opposes it. ~ Discussion took place regarding the design of the building and the location of the discharge stack. Dr. Tormey explained to the Board the standard of measurements established by the EPA (Environ- mental Protection Agency), and also spoke regarding radon concentrations. Moved Jones / Second Wallace / Mosbacher Voted No / Passed to accept the draft Initial Study with staff comments for the South Upper Truckee Well Controls Building and Treatment Facility and certify the Negative Declaration of Environmental Impact. (Director Mosbacher voted no because she felt some windows should be installed in the doors to give the building a more residential feel, and that the discharge stack should be raised.) '-' During the June 21 Public Hearing concerning the Initial Study and Negative Declaration of Environmental Impact for the project, written comments were received regarding potential long-term noise and radon emission environmental health and safety impacts from the project. In consideration of those comments, staff requested ENTRIX to prepare two cost proposals. SOUTH UPPER TRUCKEE WELL CONTROLS BUILDING AND TREATMENT FACILITY SOUTH UPPER TRUCKEE WELL CONTROLS BUILDING AND TREATMENT FACILITY REGULAR BOARD MEETING MINUTES - JULY 5, 2007 PAGE - 4 '-' The first proposal is to conduct an ambient noise monitoring survey at the project site. Information from this noise survey will be used as a baseline to assess potential noise impacts from operation of the facility. The second proposal is to develop a sampling program for outdoor air monitoring of radon. The sampling program would be used to monitor background radon concentrations before and after operation of the treat- ment facility to determine any increase above background levels. District staff believes that the project without mitigation has a less than significant environmental impact. The monitoring programs are being implemented in response to the neighborhood concerns and direction of the Board. Results from the baseline noise monitor- ing and the radon monitoring program will be provided to the community through a stakeholders group that was established between District staff and concerned neighbors. Ivo Bergsohn described the monitoring programs and standards that will be used. \., Moved Farrell / Second Mosbacher / Passed Unanimously to approve proposals from ENTRIX, Inc., to: (1) Complete an ambient noise monitoring survey; and (2) Conduct a two-year outdoor air sampling pro- gram for radon monitoring at the South Upper Truckee site, in the estimated amounts of $10,000 and $20,000, respectively. The Angora Fire, which began June 24, 2007, has resulted in moderate to major damage of over 220 homes thus far in the North Upper Truckee, Tahoe Paradise, and Angora Highlands neighborhoods. Each of the affected lots has a water connection and a sewer connection which need to be abandoned in order to protect the remainder of the system. Also, there are a hundred or more fire hydrants in the fire area that may have been damaged by the fire or during evacuation and fire-fighting operations. These hydrants need to be tested and, if necessary, replaced. \., Time is of the essence in performing these repairs for a number of reasons. First, unrepaired leaks at damaged and destroyed properties can affect the water pressure available on the water system. Staff has been working diligently to turn off water at these lots, but additional work is anticipated to secure the water services at these lots until they are needed again. Second, the foundations of destroyed structures pool water and debris and funnel it into open sewer laterals, increasing the potential for blockage of the sewer SOUTH UPPER TRUCKEE WELL CONTROLS BUILDING AND TREATMENT FACILITY (continued) ANGORA FIRE EMERGENCY RESPONSE REGULAR BOARD MEETING MINUTES - JULY 5, 2007 PAGE - 5 \. system and/or upset of the wastewater treatment plant. Last, fire hydrants in the affected area need to remain operational, as the risk for flare-ups and spot-fires in this area will remain high for some time into the future. Staff proposed to contract with one or more local contractors (to be determined) the week of July 9 abandoning water and sewer connections and testing and replacing fire hydrants. Work will be performed on a time and materials basis, since the amount of effort required may vary significantly from lot to lot and from hydrant to hydrant. Staff originally requested $500,000 as listed in the agenda, but now expects the work to cost at least $600,000; a more detailed budget was not available at that time. The project is not in the budget because it was not anticipated. Allocated funds will be split between the water and the sewer budgets, as needed. Staff will provide the Board with bi-weekly updates of project progress and the need for additional funds. The State of California, Office of Emergency Services has indicated that these costs will be eligible for disaster fund reimbursement. 4., The major water system structures in this area (water tanks and booster stations) appear to have sustained little damage so far, but will need to be assessed more fully before allocating funds for their repair, and so are not included in this allocation request. Moved Wallace / Second Jones / Passed Unanimously to: (1) Determine an emergency exists pursuant to Section 1102 of the Public Contract Code; (2) Determine substantial evidence has been presented to authorize an exception be made to Section 22050 of the Public Contract Code that this emergency will not permit a delay resulting from a competitive solicitation of bids and that this action is necessary to respond to this emergency; (3) Adopt Resolution No. 2834-07 delegating authority to the Assistant General Manager to order any action necessary to respond to this emergency; (4) Determine that the project is exempt from CEOA, as is appropriate because EI Dorado County has been declared a disaster area; and (5) Approve $600,000 to start emergency repairs to sewer and water systems. \., Director Jones thanked all District staff for their excellent response to the fire. ANGORA FIRE EMERGENCY RESPONSE (continued) ~ \., REGULAR BOARD MEETING MINUTES - JULY 5,2007 PAGE - 6 Moved Farrell / Second Schafer / Passed Unanimously to approve payment in the amount of $1,055,621.76. Director Wallace reported Director Jones will attend the July 11 water agency board meeting. Funding for supplemental water rights will be the major topic of discussion. Director Wallace relayed his support for the District employees and members of the community who were impacted by the Angora fire. President Schafer stated the Tahoe Daily Tribune reported the District pumped over 50 million gallons of water per day during the fire. The correct number should have been more like 17.6 million gallons per day (which is about 20% more than our previous maximum). Richard Solbrig reported three District employees lost their homes in the Angora fire. A collection is being taken for them. He also reported on the tanks impacted by the fire. District Information Officer: Dennis Cocking reported appropriation requests are being considered to help defray the costs of the Angora fire. He will write a letter to the Tahoe Daily Tribune regarding the District's water crews and their performance during the fire. Clerk of the Board: Kathy Sharp reported the election nomination period begins July 16 and ends on August 10. A detailed memo of the process was distributed to Board members and staff. 3:50 - 4:00 P.M. 4:10 P.M. PA YMENT OF CLAIMS EL DORADO COUNTY WATER AGENCY PURVEYOR REPRESENTATIVE REPORT BOARD MEMBER REPORTS GENERAL MANAGER REPORTS STAFF REPORTS MEETING BREAK AND ADJOURN- MENT TO CLOSED SESSION 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 - JULY 5, 2007 PAGE - 7 No reportable Board action. No reportable Board action. 4:10p.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) ADJOURNMENT ... \.. Iii !;;c o C) z - I-- WI-- Ww :Ew CI):I: ~CI) O~ 1--- uz WC) ~- _CI) 01-- u.CI) OW 0::::) ~C) <( o CO ~ 0::: <( I- Z :::l ....J o > . 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