HomeMy WebLinkAbout1991-05-06 Min - Board REGULAR MEETING
May 6, 1991
The regular meeting of the Board of Directors of the Truckee Donner
Public Utility District was called to order by President Aguera at
7 : 05 PM in the TDPUD Board Room.
ROLL CALL: Directors John Corbett, Richard Curran, James Maass,
Pat Sutton and Joe Aguera.
EMPLOYEES PRESENT: Mary Chapman, Peter Holzmeister and Susan
Craig.
CONSULTANTS PRESENT: Counsel John M. Phelps.
OTHERS PRESENT: Among those present in the audience were Rick
Stafford, Paul Spencer, Jenny Lynch and Joan Mensor of the
Historical Society; Catherine Gibbs of the Sierra Sun and several
Tahoe Truckee High School students, Kelly Riggs and Sean O'Shea.
CUSTOMER BILLING DISPUTE
Manager Holzmeister noted that Delton Meyer, along with some
business partners, owns a vacation home in Tahoe Donner. it
appeared there was a case of energy diversion that resulted in no
energy going through the meter. The problem was solved and the
customer was sent a bill for energy not metered and for District
time to solve the problem.
Mr. Meyer is contesting the bill. He met today with the Meter
Reader Coordinator, Foreman of Technical Services and the Manager.
Mr. Holzmeister said he really believes the customers had no
knowledge of the problem; he doesn't believe there was any intent
to defraud the District. Originally, the house was all-electric
with a 400 amp service; the heating system has now been converted
to propane. The current transformer switches were in the wrong
position and the current was by-passing the meter. The District
placed a test meter which recorded the actual usage.
The original bill of $2 , 300 was reduced to $1, 800 and Mr. Meyer has
paid.
Director Sutton said she thinks a party who wants to appear before
the Board should make a request in writing to the Board; this
appearance should be preceded by a meeting with the Manager. She
said the Board might want to look at the current policy.
APPOINTMENT OF COMMITTEE MEMBERS
The President made committee appointments as follows:
Board/Manager relations, Joe Aguera and Pat Sutton.
Operations, Richard Curran and Jim Maass.
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Finances, Pat Sutton and Richard Curran.
Planning, John Corbett and Joe Aguera.
Communications, Jim Maass and John Corbett.
Mr. Holzmeister noted he would like to meet several of the
committees soon.
PUBLIC INPUT
There was no public input.
CONSIDERATION OF AN ACTION UPON A REQUEST BY THE TRUCREE DONNER
RECREATION AND PARR DISTRICT TO WAIVE FACILITY AND CONNECTION FEES
FOR LOCATION OF HISTORIC BUILDING - CONSIDERATION OF AN AMENDMENT
TO LEASE WITH THE TRUCREE DONNER RECREATION AND PARR DISTRICT
Rick Stafford, Paul Spencer and Jenny Lynch from the Historical
Society were present in the audience to answer any questions
regarding this matter; Joan Mensor arrived towards the end of
discussion.
Counsel Phelps (who is also Counsel for the Park District, but
representing the PUD in this instance) said he spoke with Steve
Randall and reviewed the proposed resolutions with him. Mr.
Randall advised he approves what the PUD is contemplating.
Director Sutton noted it is beyond her comprehension that someone
from the Recreation and Park District isn't present at this
meeting. Counsel said the Park District wants to help the
Historical Society, but they're not going to invest a lot of time
and effort; they're going to let the Society carry the ball.
Regarding the requested waiver of fees, Director Sutton said the
PUD hasn't waived fees for the Recreation District or the hospital
in the past; not even for the swimming pool. Counsel said the
District is normally not allowed to waive fees charged to its
customers unless it is receiving some valuable consideration in
return. However, the District is permitted by Section 16463 of the
Public Utility District Act to operate public parks, public
playgrounds, public recreation buildings and other buildings used
for public purposes. Also, pursuant to PUC Section 16467. 1, the
District may expend funds for recreation purposes without such
funds being recovered through other recreation-based revenues.
It was Counsel Phelps' opinion that the District may expend funds,
labor or waive fees, if the Board determines that to do so will
assist the District in the recreational functions it is permitted
to undertake pursuant to PUC Section 16463 . Government Code
Section 53073 allows the District to give surplus property of
historic interest of any value to a non-profit association or
society p formed to prom
ote the area'
s historical heritage or to
preserve property of historic interest.
There is one possible restriction, Counsel noted. The Nevada
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County Local Agency Formation Commission takes the position that it
must approve a special district's excursion into new service areas.
If one construes the District's waiver of fees for recreation
purposes as providing recreation services, then perhaps the
District needs LAFCo approval to do so. The District's involvement
in recreation, however, would be so slight that it seems like a
waste of resources on the part of the District and LAFCO to request
LAFCo approval. But to be safe, Mr. Phelps provided in the
enclosed resolution that the District will seek LAFCo approval if
it is determined to be necessary.
Director Sutton questioned why the buildings are going to be placed
at Meadow Park rather than at the regional park. Also, she asked
if public hearings would be held.
Director Maass moved that the Board adopt Resolution No. 9115
approving the relocation of two Gateway cabins to Meadow Park and
waiving certain connection and facilities fees (in an approximate
amount of $3 , 800) for one of the cabins which will be used by the
Historical Society; seconded by Director Corbett.
Director Sutton said she doesn't believe action contained in the
resolution relating to waiving certain connection and facilities
fees relates to the services the District provides to the community
(power and water) . If the request from the Historical Society
related to some historic thing about power and water in the
. community, she said, she could probably justify a waiver, but she
stated she thinks this is really stretching things. Also, Mrs.
Sutton mentioned she is a charter member of the Historical Society
and noted that this request places her in a conflict situation; she
stated she is in favor of the cabins being saved somehow, but she' s
not sure Meadow Park is the best location.
ROLL CALL vote on the motion to adopt the resolution: all
Directors, aye, with the exception of Director Sutton, who voted
no. So RESOLVED.
Director Maass moved, and Director Corbett seconded, that the Board
adopt Resolution No. 9116 approving Amendment No. 2 to the Real
Property Lease with the Truckee-Donner Recreation and Park
District.
Counsel noted that the proposed amendment to the lease conforms to
the terms of the proposed resolution. It allows the PUD to approve
the exact location of the cabins and states the Park District and
Historical Society must enter into a written agreement concerning
this matter. The amendment provides for eventual removal of the
cabins if such a request is made by the PUD. Also, the Recreation
District shall be responsible for all required environmental
review, land use compliance, and building code compliance with
respect to the location of the cabins upon Meadow Park.
ROLL CALL vote on the resolut
ion: Corbett, Curran, Maass and
Aguera, aye; Sutton, no. SO RESOLVED.
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CONSIDERATION OF A REVISED MISCELLANEOUS FEE SCHEDULE
® Administrative Manager Chapman reported that she recently reviewed
all of the miscellaneous service fees that pertain to the work
performed in the Customer Services/Billing Department.
Mrs. Chapman presented a list of the main requests for service
received and an estimated cost to perform each service. It was her
recommendation that the Board revise the fee schedule as follows:
establishing and closing an account, $35 regular pay, $85 time and
a half, $105 double pay; establishing and closing a water only
account, $15; establishing and closing an account as of the last
reading date, $20; automatic transfer of an account back to an
owner, $20; performing a special reading, $20. She also
recommended that the Board amend the customer billing policy to
authorize staff to assess the late charge and begin the collection
procedure only when a customer is past due more than $25. A change
in the return check charge is not being proposed as the District
currently charges $10, the limit allowed by Government Code Section
6157 .
Director Maass noted he would like Counsel to look into setting up
the ordinance in a manner that would allow easy amendment of the
fees in the future.
A public hearing to consider the amended miscellaneous fee schedule
is to be set for 7 : 30 PM on May 20, 1991.
DECLARATION OF TWO VEHICLES AS SURPLUS; DIRECTION REGARDING
DISPOSITION
Manager Holzmeister advised that two vehicles have been recently
purchased to replace Units 1 and 9 . Unit 1 is a 1979 Chevrolet
pick-up truck and Unit 9 is a 1983 Ford pick-up truck; both are in
poor condition. He said District policy provides that once the
Board declares these vehicles to be surplus property, the Manager
may sell them by sealed bid. In the event no bids are received,
the Manager may dispose of them at his discretion.
Director Maass moved, and Director Corbett seconded, that Units 1
and 9 be declared surplus and offered for sale by bid. All
Directors, aye, by voice vote. SO MOVED.
Director Sutton suggested that the Manager set a minimum bid amount
for each vehicle.
WEST RIVER STREET ASSESSMENT DISTRICT STATUS REPORT
Because additional research needs to be performed, the Chairman
tabled this matter to the next regular meeting agenda.
STATUS OF CERTIFICATES OF PARTICIPATIONt SERIES 1991 (WATER SYSTEM
IMPROVEMENT PROJECTS) ; POSSIBLE DIRECTION REGARDING INVESTMENT OF
CAPITALIZED INTEREST AND RESERVE FUNDS
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Manager Holzmeister reported that the certificates of participation
were formally priced on April 30 at the office of Raucher Pierce
Refsnes. The interest rates range from 5.25% to 6.75% over the
life of the debt issue. The market on interest rates on bonds is
much improved since the District' s earlier issue, he noted.
(Interest rates on the earlier issue ranged from 5. 30% to 7.75%. )
Direction on how to invest the funds that are to be held in the
capitalized interest and reserve account must be given to the
trustee. Ms. Horler suggested purchasing U. S. Treasury
obligations that are timed to come due on the date disbursements
need to be made from the funds.
Director Maass moved, and Director Corbett seconded, that the
District invest the capitalized interest and reserve funds in U. S.
Treasury obligations with Rauscher Pierce Refsnes to purchase the
appropriate government securities that best match the cash flow
requirements of the financing and deliver the securities to the
trustee at the closing of the 1991 certificate issue (scheduled for
May 14, 1991) . ROLL CALL: all Directors, aye. SO MOVED.
CORRESPONDENCE
No correspondence was discussed by the Board.
BILLS FOR BOARD APPROVAL
After several questions were answered, Director Corbett moved that
the bills presented for consideration be approved for payment;
seconded by Director Maass. All Directors, aye, by voice vote. SO
MOVED.
STAFF REPORT
A copy of the staff report is attached to the minutes for
reference.
Water quality report
Mr. Holzmeister noted that the summary of bacteriological water
quality report for March shows all samples were free of coliform
bacteria and met the state's drinking water standards.
Special District Finance seminar
The California Special District Association Finance Seminar will be
held in Rancho Mirage on June 10 and 11. This is the second of
three seminars leading to the Board Management Certificate. Mr.
Holzmeister said he would like to attend and also thought it would
an excellent idea for Mary Chapman and Pat Sutton to attend.
WATER METERS
Manager Holzmeister noted that the state Senate approved a bill
requiring water meters on all newly constructed homes in the state.
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The measure, which would not require installation of meters on
® existing homes, appears likely to win Assembly approval and be
signed into law by Governor Wilson.
Director Maass said it has been the long range intent of the Board
to meter the District's water system; he suggested placing the
matter on a future agenda.
CABLE TV
Director Maass noted that WestStar Cable TV is increasing their
rates by $2 per month effective June 1, 1991.
NATURAL GAS
Several residents have asked Director Maass about the possibility
of bringing natural gas to Truckee. Since the District is
empowered to provide such a service, he asked that the matter be
agendaed for discussion.
CLOSED SESSION
The Board adjourned to closed session at 8 :25 PM for the purpose of
discussing threatened litigation in accordance with Government Code
Section 54956. 9 (b) (1) .
• RETURN TO PUBLIC SESSION
The Board returned to public session at 9:22 PM. There was no
action taken or direction given as a result of closed session.
ADJOURNMENT
There being no further business before the Board, the meeting was
adjourned by unanimous consent at 9: 23 PM.
UCREE DONNER P LIC UTILITY DISTRICT
''
J se R. Aguer eside t
Prepared by C
Susan M. Craig, Deputy District Cljwfk
smc
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