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2003 03-06SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" James R. Jones, President BOARD MEMBER Edc Schafer, Vice President REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT MARCH 6, 2003 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, March 6, 2003, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: Vice President Schafer, Directors Wallace, Becket, Mosbacher. Director Jones was excused to attend to District business. STAFF: Baer, Solbrig, Sharp, McFarlane, Hoggatt, Donovan, Schroeder, Bergsohn, Thiel, W. Stanley, Bird, Johnson, Attorney Kvistad. GUESTS: Rob Brueck/Parsons, Melissa Joyce/TRPA, Grass Lake Road residents: Paula Corley, Cheryl Zaiger, Sue Capella, Grant Zaiger, Kendal Pearce, Doug Teakell, Jill Teakell, Melanie Garcia, Jesse Hillestad. Moved Mosbacher / Second Wallace / Jones Excused / Passed: to approve the Consent Calendar as submitted: ROLL CALL CONSENT CALENDAR REGULAR BOARD MEETING MINUTES - MARCH 6r 2003 PAGE - 2 a. Leak Locator Purchase - Authorized staff to advertise for bids for a digital leak correlator; CONSENT CALENDAR (continued) Johnson Sewer Pump Station Upgrade - (1) Authorized exception to bidding procedures due to unique design requirements since bidding would not produce a competitive advantage, as provide in the District's purchasing policy; and (2) Authorized purchase of two Fairbanks Morse pumps from JM Squared Associates, Inc., in the amount of $21,924, plus tax and freight; Adopted February 20, 2003, Regular Board Meeting Minutes, including a minor clarification as requested by Director Mosbacher. ITEMS FOR BOARD ACTION The five year "limited term" job description for the services of Ivo Bergsohn, District Hydro-Geologist, lapses May 26, 2003. Staff has agreed that Mr. Bergsohn's continued services are desirable and cost-effective for the foreseeable future. Staff recommended the terms of employment eliminate the wording "limited term position." The new job description will read "This position is a non-permanent position of open duration, with a six-month notice prior to elimination of the position." All other terms of employment, such as salary, will remain the same. District staff will continue to evaluate, over the next several years, if this position should become a permanent position. Moved Mosbacher / Second Becker / Jones Excused / Passed to approve modified agreement for employment, with the following language included: "This position is a non-permanent position of open duration with a six-month notice prior to elimination of this position." Richard Solbrig reported GeoTrans has completed Phase II (pilot project area) of developing a GIS for the District. This task order is for the third phase of the system implementation - to convert water and sewer grid maps electronic format, and to tie in the Hansen and Customer Service databases. RENEWAL OF AGREEMENT FOR SERVICES OF HYDRO-GEOLOGIST GIS (GEOGRAPHICAL INFORMATION SYSTEM) DEVELOPMENT REGULAR BOARD MEETING MINUTES - MARCH 6~ 2003 Moved Wallace I Second Mosbacher / Jones Excused / Passed to approve Task Order No. 17 to GeoTrans, Inc., to allow completion of the District's GIS in an amount not to exceed $223,827. Moved Wallace / Second Schafer / Jones Excused / Passed to approve payment in the amount of $731,960.94. Finance Committee: The committee met March 6 to discuss grant activities. Water and Wastewater Operations Committee: The committee met March 4. Minutes of the meeting are available upon request. CalPERS Program Ad Hoc Committee: The committee had a short meeting regarding proposed modifications to the agreement. Director Wallace reported El Dorado County LAFCO Board is holding elections. He gave a recommendation on who the District should support. Wallace also recommended the Board select an alternate to attend the County Water Agency meetings when meeting dates conflict with his duties as Chamber of Commerce executive. Director Mosbacher reported she attended a meeting of the Meyers Roundtable. She is concerned how the sanitary needs will be met at the new location for the Renaissance Fair. PAGE - 3 GIS (GEOGRAPHICAL INFORMATION SYSTEM) DEVELOPMENT (continued) PAYMENT OF CLAIMS BOARD MEMBER STANDING COMMITTEE REPORTS BOARD MEMBER AD HOC COMMITTEE EL DORADO COUNTY WATER AGENCY PURVEYOR REPRESENTATIVES REPORT BOARD MEMBER REPORTS 2:30 P.M. PUBLIC HEARING Director Mosbacher disqualified herself from participation in this item per a previously disclosed potential conflict of interest. She did not read the material associated with this agenda item, and she left the room while it was being discussed and voted on. Open Hearing: Vice President Schafer opened the Public Hearing at 2:30 p.m. The purpose of the hearing is to receive public comments on the Draft EIR/EIS for Phase 3 of the B-line export pipeline replacement project. B-LINE REPLACEMENT: PHASE 3 - DRAFT EIR/EIS (ENVIRONMENTAL IMPACT REPORT / ENVIRONMEN- TAL IMPACT STATEMENT) REGULAR BOARD MEETING MINUTES - MARCH 6~ 2003 PAGE - 4 Staff Report: Richard Solbrig and Rob Bruek, Parsons, gave an Power Point presentation that covered: the project background and history, the final B-line portion (Phase 3) of the project construction methods, pipeline route alternatives, environmental impacts and costs for each alternative, biological resources, hydrology / water quality impacts, soils, scenic resources, air quality, transportation, and human impacts identified. They concluded that Alternative E (the pipeline would parallel the existing pipeline and roadways) is the recommended route selection. Public Comments: Paula Corley presented a petition on behalf of residents on Grass Lake Road, opposing Alternative C (which would traverse their street and their private property). She read aloud a memo from the Grass Lake Road homeowners to the District stating several reasons for the opposition and concluded that failure to hear their concerns could lead to a class action lawsuit. Ms. Corley advocated the selection of Alternative E, stating it would alleviate all their concerns and problems. Board Member Comments: Director Wallace stated a 1996 pipeline assessment report attested to the fact that the existing pipeline is in poor condition and has surpassed its life expectancy. He expressed his concerns about: the fragility of the pipe and the potential for failure, environ- mental damage in the event of a failure, length of time needed to construct other alternatives, mitigation measures, potential for delays, and safety concerns if the pipeline were to be built in a roadway. He stated the route alternative selected should be one that can be constructed as quickly as possible to avoid potential damage to the environment if the existing pipeline were to rupture. Vice President Schafer stated the District takes its environ- mental responsibilities very seriously. The time line for completion of this project should be taken into consideration, it is very important in order to avoid an environmental catastrophe. Obtaining approval for permitting is critical. Closed Public Hearing: Vice President Schafer closed the Public Hearing at 3:32 p.m. Staff was directed to continue forward with the process without delay. B-LINE REPLACEMENT: PHASE 3 - DRAFT EIR/EIS (ENVIRONMENTAL IMPACT REPORT / ENVIRON- MENTAL IMPACT STATEMENT) (continued) REGULAR BOARD MEETING MINUTES - MARCH 6r 2003 PAGE - 5 3:32 - 3:50 P.M. MEETING BREAK General Manager: Robert Baer reported on two items: 1 ) Duane Miller (the lawyer who represented the District in its MTBE lawsuit) won the 2002 Califomia attorney of the year award in the environmental category. 2) Baer reported on the transition process underway for Richard Solbrig to assume duties of the General Manager. GENERAL MANAGER/STAFF REPORTS Chief Financial Officer: Rhonda McFarlane met with the District's Sacramento legislative representative. She was given a copy of the proposed bill related to water metering. 4:00 P.M. ADJOURNED TO CLOSED SESSION 5:25 P.M. RECONVENED TO REGULAR SESSION ACTION / REPORT ON ITEM DISCUSSED DURING CLOSED SESSION No reportable Board action. Pursuant to Government Code Section 54956.(a)/Conference with Legal Counsel - Existing Litigation: STPUD vs. John Breese Mumford, et al., El Dorado County Superior Court Case No. SC20020030 No reportable Board action. Pursuant to Government Code Section 54956(a)/Conference with Legal Counsel - Existing Litigation: STPUD vs. F. Heise Land & Live Stock Company, Inc., William Weaver, Eddie R. Snyder, Crockett Enterprises, Inc., CIV S-02-0238 MLS JFM United States District Court for the Eastern District of California, Sacramento, CA REGULAR BOARD MEETING MINUTES - MARCH 6~ 2003 No reportable Board action. No reportable Board action. No reportable Board action. 5:25 P.M. PAGE - 6 Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel - Existing Litigation re: Meyers Landfill Site: United States of America rs. El Dorado County and City of South Lake Tahoe and Third Party Defendants, Civil Action No. S-01-1 $20 LKK GGH, United States District Court for the Eastern District of Ca. Pursuant to Government Code Section 54957.6(a)/Conference with Legal Counsel - Existing Litigation: STPUD rs. Lakeside Park Association, et al,, County of El Dorado, Superior Court Case No. SC20010165 Pursuant to Government Code Section 54956.6(a)/Conference with Labor Negotiators: Agency Negotiators - Board of Directors; Employee Organization - Represented and Unrepresented Employees ADJOURNMENT ulehs R. Jones,/i~)~ard President Tahoe PulSfic Utility District ATTEST: ~ ~ .~'~-'~,/-,~ Kathy Sharp, (~erk of the B~ard South Tahoe Public Utility District TO: SOUTH TAHOE PUBLIC UTILITY DISTRICT, TAHOE REGIONAL PLANN1NG AGENCY AND UNITED STATES FOREST SERVICE FROM: GRASS LAKE ROAD HOMEOWNERS NEW PIPLINE FOR EFFLUENT DATE: FEBRUARY 25, 2003 We, as a group of homeowners on Grass Lake Road, are adamantly opposed to Alternate "C". It is understood that if Alternate "C" were to be considered, the current thinking would be to lay the pipeline in the road in lieu of across private property. Even with that conclusion, we are against consideration on the Alternate "C" for the following reasons: We do not want a 600-PSI pipe carrying effluent traversing our street and essentially our front yards. It is potentially dangerous to the public traffic, as well as our families, guests, tourists, hiking, biking, fishing etc., and all the residents who walk, hide, bike, etc. along Grass Lake Road. You may say it is designed to do the job, but will this last FOREVER? I guess NOT because we understand the section to be replaced is very fragile at, er how many years? Fortunately, there have been no natural disasters such as earthquakes or landslides - which are unknown in the future. In addition to the safety factor of a broken line flowing a ten (10') foot deep by fifty (50') foot long hole in the pavement and perhaps causing fatalities, we are very concerned about one million (1,000,000) gallons of effluent that could flow across our properties if there were a major break on Alternate "c" between Highway 89 and the Pump Station. Would you rather have one-half (500,000) gallons or one million (1,000,000) gallons of effluent flow into Lake Tahoe if there were a major disaster? If you are really concerned about the Lake, this question is quite easy to answer. Alternate "E" would have less than one-half the exposure! o We are very cOncerned about the dam's that would be created by laying the Pipeline on Highway 89. The required backfill around the pipe under the highway would block the flow of underground runoffthereby creating dams that may cause a massive land slide especially in fill areas of deep draws. This would create a major disaster to the pipeline, the highway, public traffic and all the resultant effect. Page #2: o We are very concerned about having our only access road - which is a dead end road and Highway 89 blocked for construction for three seasons. Direct access to our individual properties will be disrupted for extended lengths of time based on welded pipe construction. Access for safety is a concern for fire, ambulance and sheriff in an emergency situation- not only on Grass Lake Road but also on a one-way section of Highway 89. 5. We are concerned about the ground water disturbance especially in Stream Enviroment Zones and its effects on the clarity of Lake Tahoe. We are concerned that the costs of Alternate "C" would be an estimated DOUBLE the cost of Alternate "B" or "E". In this time when the states of Nevada and California as well as the Federal Government, and many of our citizens are running deficits, it seems that it is time for our citizens to step up to the plate and accept responsibility to consider the costs of construction along with the environmental impact of this project. How many of you would like to have a 600 - PSI pipeline next to your from yard where your children and pets play? Or the potential of one million (1,000,000), gallons of effluent flooding your property? Or reduced or blocked access to your driveway and house for extended periods of time over three work seasons? How would you feel if you lost your spouse or a family member or friend because the ambulance was ten minutes late in arriving? Or your house burned down because the fire-fighting equipment was blocked to your property? We ALL know there is an option to these concerns. It is called Alternate "E" and this route could alleviate all the above concerns and problems. We have attached a list of the homeowners on Grass Lake Road who have signed this petition against Alternate "C" which would go down our ONLY access road to our properties from the Pump Plant along Grass Lake Road to Highway 89. Attachment: FROIfl : CORLEY RF~NCH FAX NO. : 775-265-1278 Fab, THE FOLLOWINO HoMEowNEP, S ARE VIOLBNTI,Y PROTBSTINO ANY ?OSSIBLE CONSIDERATION OF THE PIPELINE ALTERNATE :'C' WHICH WOULD EXTEND FROM THE EXISTING pLrMp PLANT AI,ONG GRASS I.AKE ROAD TO TI-IE 1NTI-.RSECTION 89. AND TI-IEN SOUTH ON HIGHWAY TI-LIS ALT£RNATE '~C" ROUTE WOULD TRAVERSE IN FRONT OF OUR PROPERTIES AND PLACE A LIVE 600.PSI PIPEL'INE N-EAR WY[ERE Or JR FAMLIES LIVE AND OU'R cIq'ILDREN PLAY. T'Ffl.q PRESENTS MANY SAFETY FACTORS DURNG AND AFTER CONSTRUCTION THAT WE ARE CONCEI~NED ABOUT AS WELL AS SEROUS' DISRUPTION TO OUR 'NORMAL LIVES FOR A.T LEAST THREE CONSTRUCTION SEASONS, A.ND, LASTLY, 1T IS 20© COSTLY. TO BUILD WHEIq T.I,-IF. RE ARE OTHER ALTERNATIVES AVAILABLE. FAILU~J~ TO HEAR OUR CONCERNS COULD LEAD TO A CLASS ACTION LAWSUIT. PRiNTED NAME SIGNATURE ADDRESS D.&T£ FROH : CDRLE'r' RANCH THE FOLLOWING HOMEOWNERS ARE ViOI. E'qTI,Y PROTESTING ANY POSS~,BLE CONSIDERATION OF TIIE PLPELINE ALTEKNA.TE "C' WHICH WOULD EXTEND FROM THE EXISTING PUMP PLANT ALONG GRASS LAKE RO.CD TO THE INTERSECTION OF 14dOHWAY 89, &\'D Tt-rEN SOUTH ON HIGHWAY 89. THIS ALTER_NATE "C" Rc.')I~FFE WOULD TRAVE RSE IN FRONT OF OUR PROPERTIES AN D PLACE A LiVE 600-PSI PIPELINE ~,~>A'( ~rI4ER]': Ol_ff< FAMLLES LIVE AND OUR CI-2LDKEN PLAY, THIS 'PRESENTS MANY SAFETY FACTORS DURNG AND AFTER CONSTRUCTION TIIAT ~rE ARE CONCERN"ED ABOL"T AS WELL AS SEROUS DISRUPTION TO OUR N0~d. AL LIVES FOR AT LEAST TI-IKEE CONSTRUCTIOi~'. SEASONS. AND, LASTLY, IT tS TO(} !:~OSTLY TO BLrfLD WI-IEN TEE..~E ARE OTt:-I-ER ALTERN'ATIVES AVAZLABLE. FAILU?£ T.O I-lEAK OU?. CONCERNS COULD LEAD TO A CLASS ACTION LAWSUIT. zz ~-0 ~ o~ OZ ~o °~ t~ 0 0 0