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Home My WebLink About2001-11-07 Min - Board REGULAR MEETING November 7, 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 were present. Ron Hemig, absent EMPLOYEES PRESENT: Peter Holzmeister, Neil Kauffman, Ed Taylor CONSULTANTS PRESENT: Keith Knibb, Sandra McDonald, Kirt Swanson, Peggy Bowker, and Frank Forsgren OTHERS PRESENT: Frank and Juanita Schneider, Mark Thomas, Peter Gerdin, Renee Fugazi, Charlie White, Jack Emmett PUBLIC INPUT There was no public input. ACTION ITEMS Consideration of a draft negative declaration relating to acquisition of the Glenshire water system: Adoption of the Negative Declaration Approval of the project for purposes of CEQA Authorization to file the Notice of Determination with the Nevada County clerk and the governor's Office of Planning and Research Adoption of a DeMinimus Impact Finding and authorization to file the Department of fish and Game certification of fee exemption with the Nevada County Clerk Adoption of a finding that the draft documents circulated and the Negative Declaration reflect the District's independent judgment. Keith Knibb of Sauers Engineering requested that the Board adopt the final environmental review document and Negative Declaration. The review period is closed. He received comments to the negative declaration and prepared responses. Director Aguera moved and Director Van Gundy seconded a motion to adopt the negative declaration relating to the acquisition of the Glenshire Water system, approve the project for purposes of CEQA, authorize staff to file the Notice of Determination with the Nevada County clerk and the Governor's Office of Planning and Research, adopt DeMinimus Impact Finding, authorization to file the Department of Fish and Game certification of fee exemption with the Nevada County Clerk, and adopt a finding that the draft documents circulated and the Negative 1 Declaration reflect the District's independent judgment. ROLL CALL: Director Hemig, absent, Director Sutton, no; all other directors, aye. SO MOVED Donner Lake water system: Status report Mr. Taylor reported that this year's construction projects are almost complete. Since the new pipelines went on line, the Devil's Peak water storage tank became unstable and was taken off line. We are using the Wolfe Estates tank to control the system pressure. Mr. Taylor will be meeting on November 14, 2001 with the State Department of Health Services. There have been a couple issues with the lake intake and pump station, but the boil water order notice should be lifted soon. Consideration of a policy relating to designation of Open Space parcels and exemption of said parcels from assessment Manager Holzmeister presented a policy intended to set forth the terms and conditions under which a parcel of land at Donner Lake can qualify for exemption from assessment. It was noted by Peter Gerdin that Donner Tract homeowners would agree to have the titles on common area parcels irrevocably restricted. Renee Fugazi, representing Wolfe Estates, stated that their common areas are already re- corded as open space and no taxes are paid on the parcels, thus no further process is needed. No building is anticipated. They would like their exemption from assessments to be considered as a separate matter. After discussion by the Board it was decided by consensus that the draft policy be amended to remove the requirement for title insurance, administrative fee to recoup costs, coming in after the fact, costs borne by applicant Director Van Gundy moved, and Director Aguera seconded, that the Board approve the policy as presented, allowing for exemption from assessment under the Donner Lake Assessment District under specific terms and conditions , providing that the General Manager return at the next meeting with amendments for the Board's consideration, such amendments to eliminate the requirement for title insurance, provide for an administrative fee so the District can recoup its costs to administer the policy, and provide for a mechanism for parcels to be added to the As- sessment District in the future. ROLL CALL: Hemig, absent; Sutton, abstain; all other Directors, aye. SO MOVED. Consideration of exemption of certain parcels from assessment Attorneys Gross and Morris abstained from discussion of this item and left the room because of a possible conflict of interest resulting from the fact that their law firm has represented Donner Tract relating to other matters in the past. Director Van Gundy moved, and Director Aguera seconded, that the Board exempt the parcels in List B with the exception of the Myrtl and ALPAC parcels and also authorize the amended assessments for Howarth and Shepherd. ROLL CALL: Hemig, absent; all other Directors, aye. SO MOVED. 2 Consideration of a contract change order for the Installation of Pipe and Appurtenances for the West-end of Donner Lake Project(Longo contract) Director Aguera moved and Director Van Gundy seconded to authorize the Contract Change Order#1 in the amount of$45,954.98 for Longo Construction, project Installation of Pipe and Appurtenances for the West End of Donner Lake". ROLL CALL: Hemig, absent; Sutton, abstain; all other Directors, aye. SO MOVED. Consideration of continuing the emergency action Director Van Gundy moved and Director Aguera seconded, to continue the emergency action. BY VOICE VOTE: Hemig, absent; all other Directors, aye. SO MOVED. Wholesale power supply: Presentation of restructuring the contract with Idacorp Energy, possible action Mr. Hollabaugh introduced Ms. Sandra McDonald who is helping us evaluate options to restructure our wholesale power contract. Steve then made a power point presentation describing that our contract price is now higher than the prevailing market price for power. Options were discussed to restructure the contract. There are three cash flow strategies designed to get the District to the same end result: 1. Restructure the current contract to move surplus power into future years. 2. Sell bonds to pay for differential between the current market price and our contract price, thus allowing us to terminate the current contract, amortize the debt and purchase our power supply under a new contract at current lower market prices. 3. Bond the surplus at a cost of approximately $35 million, thus reducing the size of the bond, and extending the financial burden into future years. This agenda item was for discussion only. No action taken Discussion of the Payson Project, possible action The UAMPS gas generation project was scheduled to start in 2003/2004. The District already has surplus power. Therefore we do not want to continue our right to buy into this project. Director Aguera made a motion and Director Van Gundy seconded to direct staff to discontinue the District's participation in the UAMPS Payson Project. ROLL CALL: Hemig, absent; all other directors, aye. SO MOVED. Consideration of a resolution authorizing the filing of a grant under AB 303 for funding for a groundwater basin management study Kurt Swanson, Nimbus Engineering, presented information about a grant that is awarded geographically for groundwater resources studies. 3 Director Van Gundy moved and Director Aguera seconded, to authorize the General Manager to file applications with the California Department of Water Resources to obtain a groundwater management project grant. ROLL CALL: Hemig, absent; all other Directors, aye; SO MOVED. Discussion of Ordinance 2001-01 (relating to water facilities fees) and the appeal filed by Mr. Jack Emmetts; possible action Mr. Holzmeister reported that Mr. Jack Emmetts has appealed the payment of water facilities fees relating to the addition to his home. This issue relates to the portion of the water facility fee that applies to additions or conversions of space in a home. Mr. Holzmeister summarized the options the Board can take to address the appeal: minimum threshold of 500 square foot, eliminate the facility fee, or make no change . A change to the ordinance requires a public hearing and an amendment. Director Van Gundy moved and Director Aguera seconded, to set a public hearing at the next meeting on November 28, 2001, to consider all three options and at the conclusion of the hearing, choose option and adopt a revised ordinance. ROLL CALL: Hemig absent; all other Directors, aye. SO MOVED. Consideration of rescheduling the regular meeting of November 21, 2001 to accommodate the Thanksgiving holiday period. Director Van Gundy moved and Director Aguera seconded, to reschedule the regular meeting of November 21, 2001 to November 28, 2001. ROLL CALL: Hemig absent; all other Directors, aye. SO MOVED. Consideration of an appeal submitted by Mark A. Steiner relating to water fees at Riverview Townhomes. Mr. Mark Steiner explained why he is unable to comply with the one year permit schedule to install water service on his project. Attorney Gross said this item is not properly agendized to amend the policy. It will be placed on the November 28, 2001 agenda and should be worded sufficiently to decide whether to leave the policy the same as it has been since 1986 or to change the permit period to 18 months or 2 years. No action 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 The Board adjourned to closed session at 10:25 PM RETURN TO OPEN SESSION The board returned to open session at 10:45 ADJOURNMENT There being no further business before the Board, the meeting was adjourned at 10:45 PM. 4 TRUCKEE DONNER PUBLIC UTILITY DISTRICT James(A. Maass,,�resident Prepared by Barbara Cah Executive Secretary bhc 5 TRUCKEE • Public Utility District a ..` Resolution No. 2001-30 AUTHORIZING THE GENERAL MANAGER TO FILE APPLICATIONS WITH THE CALIFORNIA DEPARTMENT OF WATER RESOURCES TO OBTAIN A GROUNDWATER MANAGEMENT PROJECT GRANT WHEREAS, the TRUCKEE DONNER PUBLIC UTILITY DISTRICT, in compliance with the Local Groundwater Management Assistance Act of 2000 (AB303, Stats. of 2000 Ch. 708), will facilitate and support local agencies to manage and control groundwater and conjunctive management projects; and WHEREAS, the TRUCKEE DONNER PUBLIC UTILITY DISTRICT has the desire to update the Regional Water Management Plan within the Agency's area; and WHEREAS, the TRUCKEE DONNER PUBLIC UTILITY DISTRICT will implement groundwater monitoring, groundwater basin management and groundwater studies for basin-wide planning and monitoring; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the TRUCKEE DONNER PUBLIC UTILITY DISTRICT, pursuant and subject to all of the terms and provisions of the Local Groundwater Management Assistance Act of 2000 and amendments thereto,will authorize filing of applications with the California Department of Water Resources to obtain a groundwater management project grant. BE IT FURTHER RESOLVED that the General Manager of the TRUCKEE DONNER PUBLIC UTILITY DISTRICT is hereby authorized and directed to prepare the necessary data, make investigations, sign, and file such applications with the California Department of Water Resources. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the 7th day of November 2001 by the following roll call vote: AYES: Aguera, Van Gundy, Sutton and Maass. NOES: None. ABSENT: Hemig. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Jame . Maass, President n w ATTEST:,%u Peter L. Holzmeister, C erk of the Board