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HomeMy WebLinkAbout2001-10-17 Min - Board REGULAR MEETING October 17, 2001 In accordance with District Code Section 2.08.010, the TDPUD minutes are action only minutes. All Board meetings are recorded on audio tapes which are preserved perpetu- ally and made available for listening to any interested party upon their request. The regular meeting of the Board of Directors of the Truckee Donner Public Utility District was called to order at 7:00 PM in the TDPUD Board room by President Maass. ROLL CALL: Directors Joe Aguera, James Maass, Patricia Sutton, Nelson VanGundy and Ron Hemig were present. EMPLOYEES PRESENT: Neil Kauffman, Peter Holzmeister, CONSULTANTS PRESENT: Attorneys Steve Gross and Andrew Morris,Peggy Bowker OTHERS PRESENT: Frank and Juanita Schneider, David Westoff, Jack Emmett, Mark Tho- mas, John Bryne, Charlie White, Janna Caughron and Barbara Cahill PUBLIC INPUT There was no public input. A public hearing will be held for the purpose of receiving written and or oral comments from members of the public regarding the District's intent to adopt a negative declaration relating to construction of the 6160 water storage tanks project; and to consider adopting mitigation concerning growth inducing impacts Mr. Holzmeister described the purpose of the hearing is to receive additional input from the public regarding the proposed construction of the 6160 water storage tank. Stefani Olivieri read a letter from Shute, Mihaly & Weinberger LLP on behalf of Sierra Watch and the Mountain Area Preservation foundation. Their primary concerns were what is the source of the water for the tank, possible cumulative growth impacts, and visual impacts. The letter recommended revising and recirculating the environmental study. Juanita Schneider spoke about the minimal visual impacts of water storage tanks. Janna Caughron, Prosser Dam Road resident, submitted a letter expressing concern about the cumulative impacts of growth and concern over the private wells in the Prosser Dam area. She proposed that a full EIR be prepared. Attorney Gross described a process by which the District can mitigate growth-inducing impacts of projects proposed by the District. He described the ability of the District to adopt mitigations previously adopted by the Town of Truckee in its General Plan as a means to avoid duplicative evaluation of issues such as growth-inducing impacts of projects. Director Hemig moved and Director van Gundy seconded a motion that the District undertake, pursuant to Section 21083.3 of the Public Resources Code and as part of the mitigation measure for the 6160 water tank project, the mitigation measures found in the Town's general plan as Land Use Policy 2.3 and Land use Policy 3.1, which are aimed at mitigating the growth inducing effects of the general Plan. ROLL CALL: Director Sutton, no: all other Directors, aye. SO MOVED. Director Aguera moved and Director Hemig seconded a motion to close the public hearing. ROLL CALL: Director Sutton, no: all other Directors, aye. SO MOVED. Director Sutton noted that she is concerned that the Board took action on important policies without seeing a written report from District Counsel, and she is further concerned that the policies do not speak to water service for development, but rather they speak to land issues that are not appropriate for this District. A public hearing will be held for the purpose of receiving written and or oral comments from members of the public regarding the District's intent to adopt a negative declaration relating to acquisition of the Glenshire water system; and to consider adopting mitigation concerning growth inducing impacts The Town of Truckee sent a letter requesting that the District to expand the proposed annexation to include Tahoe Boca Estates, expressing the opinion that additional environmental review will be necessary to construct the pipeline, and suggests that the District to consider further environmental review on water tank project prior to construction. Attorney Gross asked the same action be taken by the Board as on the previous agenda item. Director Hemig moved and Director van Gundy seconded a motion that the District undertake, pursuant to Section 21083.3 of the Public Resources Code and as part of the mitigation measure for the 6160 water tank project, the mitigation measures found in the Town's general plan as Land Use Policy 2.3 and Land use Policy 3.1, which are aimed at mitigating the growth inducing effects of the general Plan. ROLL CALL: Director Sutton, no: all other Directors, aye. SO MOVED. Director Aguera moved and Director Van Gundy seconded a motion to close the public hearing. ROLL CALL: Director Sutton, no: all other Directors, aye. SO MOVED. ACTION ITEMS Discussion of the water storage tanks project and possible direction Mr. Holzmeister stated that this matter is not yet ready for action by the Board. It would be prudent to spend time evaluating the various comments that have been made during the hearing process. Director Hemig asked that the issue of water system redundancy be brought back to the board for further discussion. No Action taken At the request of the Board President agenda item number 8 was taken up at this time out of order Consideration of a proposal from Nimbus Engineers to perform services related to groundwater basin issues Mr. Holzmeister distributed a proposal from Nimbus Engineers to perform a water supply study consisting of four tasks: (1) address comments made on the 6160 storage tank pubic hearing process, (2) apply for a grant under AB 303 to pay for groundwater planning effort, (3) conduct permitting for construction of the water tank, (4) do groundwater management and planning (including redundancy) Director Van Gundy moved and Director Aguera seconded a motion to accept the Nimbus Engineers proposal. ROLL CALL: Director Sutton, no: all other Directors, aye. SO MOVED. Director Sutton objected to not receiving this proposal before the meeting, having no prior knowledge of AB 303, and authorizing consultants to perform scoping duties. Consideration of a draft agreement relating to possible acquisition of the Glenshire water system Mr. Holzmeister described the draft document for the acquisition of Glenshire water system. He stated that the document represents concepts that need to be reviewed by the Board, by District Counsel and by the Glenshire Board. No action is being proposed at this time. The Board discussed the draft agreement and no action was taken. Consideration of a proposal from Aqua Hydrogeologic Consulting to provide services related to development of new well sites Mr. Holzmeister described the importance of bringing the next well on line because the demand for water is reaching the pump capacity of the District's current wells. Director Van Gundy moved and Director Hemig seconded a motion to approve the proposal from Aqua Hydrogeologic Consulting for services in the amount not to exceed $30,360 for work to locate a new water supply. ROLL CALL: Director Sutton, abstain: all other Directors, aye. SO MOVED. Donner Lake water: Status Mr. Kaufman said pressure testing and flushing programs should be complete in the next two weeks and the new pipelines would then be placed into service. He then described a controversy regarding the location of fire hydrants. Mr. Kaufman was directed to continue to work toward a solution to the problem. He then described a utility access easement and fire access road. During construction boulders that had blocked access over the road were removed to allow construction, and the fire district asked that the boulders not be put back in place. Staff was asked to sort out this dispute Consideration of a policy relating to assessing green space and common area parcels This item is not yet ready and no action was taken Consideration of exempting certain parcels from assessment This item is not yet ready and no action was taken Consideration of continuing the emergency action Director Van Gundy moved and Director Hemig seconded a motion to continue the emergency action. ROLL CALL: all Directors, aye; SO MOVED. Consideration of a request from Jack Emmetts for a waiver of water fees Mr. Emmetts requested that the time extension of the application of water facilities fees be extended again, since he did not know about the earlier time extension. Director Sutton Moved and Director Van Gundy seconded a motion to invalidate the ordinance that was adopted on March 7, 2001 establishing water facilities and connection fees and that the board take another look at that ordinance. After a discussion the motion was rescinded by agreement of the mover and second. Director Hemig moved and Director Van Gundy seconded a motion directing staff to come back with an agendized item that would allow the Board to repeal the portion of the water facility fee that applies to the additions and conversions of non-living space after a home is built. ROLL CALL: President Maass, no; all other Directors, aye; SO MOVED. Consideration of a resolution requesting that the Nevada LAFCo rules and regulations affecting functions and services of special districts and independent special district representation on the Commission be repealed Director Sutton made a motion and Director Hemig seconded to postpone this item to a future Board meeting. All Directors so moved. Monthly staff reports The monthly staff reports were reviewed by the Board. No action was taken. CLOSED SESSION Conference with legal counsel —existing litigation pursuant to Government Code Section 54956.9(a), pending litigation, two cases: TDPUD vs. USA Media and USA Media vs. TDPUD. There was no closed session ADJOURNMENT There being no further business before the Board, the meeting was adjourned at 10.45 PM TRUCKEE DONNER PUBLIC UTILITY DISTRICT James A. Maass, President Prepared by Barbara Cahill, Executive Secretary bhc