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HomeMy WebLinkAbout1991-06-17 Min - Board REGULAR MEETING • June 17, 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 : 08 PM in the TDPUD Board Room. ROLL CALL: Directors John Corbett, Richard Curran, Jim Maass, Patricia Sutton and Joe Aguera were present. EMPLOYEES PRESENT: Mary Chapman, Peter Holzmeister and Susan Craig. CONSULTANTS PRESENT: Counsel John Phelps. OTHERS PRESENT: Marty Hauser was present in the audience. WEST RIVER STREET ASSESSMENT DISTRICT STATUS REPORT; POSSIBLE DIRECTION Manager Holzmeister reported that Counsel and the Administrative Manager have completed their work on the surplus funds that remain in the West River Street Assessment District account. Counsel has concluded that the PUD should use the surplus funds in the amount of $14 ,756. 03 to maintain the improvements constructed by the assessment district. . A map showing the boundary of the improvements was reviewed. The Lucky/Longs and Toomey line extensions were not included within the boundaries; they paid a fair share to connect to the line but are not considered a part of the assessment district. After some discussion, Director Curran moved that the Board authorize setting up a restricted fund entitled "West River Street Assessment District Maintenance Fund, " and that the surplus funds in the West River Street Assessment District account in the amount of $14, 756. 03 be transferred into that restricted fund; further, that funds in that restricted fund be used solely for purposes of maintaining the water system improvements originally constructed by the West River Street Assessment District. The motion was seconded by Director Corbett. ROLL CALL: All Directors, aye. SO MOVED. CONSIDERATION OF KENDALL DEVELOPMENT AGREEMENT Mr. Holzmeister noted that under current District policy, the General Manager can execute development agreements when the developer's construction costs do not exceed $50, 000. The construction costs for Kendall/Hillman exceed that amount and, therefore, require Board approval. Previously, the Board discussed and approved using facilities fees for construction of a portion (50%) of the water main to create a . looped system for this project. As the agreement has been drafted, the developer will be responsible for installing the entire water distribution system, including the portion completing the loop 6/17/91 Pg 1 between the development and the Ponderosa Ranchos subdivision. The • use of facilities fees in this manner has been reviewed by Counsel Phelps and he has found that it does not conflict with any state law. Staff prefers to have the developer install the entire pipeline in order to keep the project as simple as possible. The plans and specifications were reviewed and signed by Consulting Engineer, Keith Sauers, and Counsel Phelps has reviewed the agreement and approved it as to legal form. After some discussion, Director Maass moved that the Board approve the development agreement between the District and Kendall/Hillman. The motion was seconded by Director Corbett. Director Sutton asked that the motion be amended to include the fact that the District is participating with the use of facilities fees for about one quarter of the total project - about 400 feet, and a cost of approximately $15, 000 to $20, 000. Directors Maass and Corbett agreed to the amendment. ROLL CALL: All Directors, aye. SO MOVED. CONSIDERATION OF ACQUIRING GATEWAY TANK SITE Manager Holzmeister advised that the Master Plan indicated a deficiency in water storage in Gateway because of all the new development. Therefore, Andy Hyde, before leaving employment with . the District, and Consulting Engineer Keith Sauers researched the area and zeroed in on a site. Elevation, access, topography and geology were taken into consideration. Sauers Engineering proceeded with site design based on the suitability of the site and developed site requirements. He recommends that the District take the steps necessary to proceed with site acquisition. Director Maass moved that the Manager be authorized to begin negotiations with Mrs. Archie and Mrs. McIver for acquisition of the tank site; seconded by Director Corbett. Director Sutton noted that the plan appears to locate the tank at 6, 017 feet. She asked if it were higher if it would be better for the houses that are behind it on Rocky Lane. The Manager said the tank would only fill to the level of the Donner Trails tank, so it would make no difference. Mrs. Sutton also noted that the tank is closer to the subdivision than she thought it would be. She also said she's always having pressure problems at her level and thinks her water comes from the Donner Trails tank. Mr. Holzmeister said that eventually there will be a proposal for building a tank on the hill directly across from Lucky/Longs. Counsel stated that the District is not required to have an appraisal of the proposed site, but the Board may want to consider ordering one. Mr. Holzmeister suggested first approaching the owners without an appraisal; if it looks as if agreement on a price can't be reached, then an appraisal could be obtained. Director Maass amended his motion to authorize the Manager to 6/17/91 Pg 2 obtain an appraisal if necessary; agreed to by Director Corbett. • Director Sutton asked if the District made an agreement with the sisters regarding a new site when the PUD quit claimed the original site back to them a few years ago. She thought something was implied at that time - some commitment that they would cooperate with providing an alternate site. Mr. Holzmeister said he would research the matter. ROLL CALL vote on the motion to proceed with negotiations to acquire the Gateway tank site and obtain an appraisal if necessary: all Directors, aye. SO MOVED. CONSIDERATION OF AUTHORIZING QUITCLAIM TO PURPLE SAGE PROPERTIES Mr. Holzmeister advised that Purple Sage Properties indicated the 1964 Popovich agreement showed up on a title report and they are asking the PUD to release any interest it may still have in the agreement. He reviewed the agreement; it appears to require that certain property be developed with residential homes with at least two bedrooms per home and that each home be all electric. It seems to have automatically terminated on January 1, 1987. Director Sutton noted that a covenant was placed on the land when it was sold to Eve Popovich. The District believed it was to their advantage to sell as much power as possible, but almost everyone • has ignored the restrictions for the past 25 years. Director Maass moved that the District release its interest in the property; seconded by Director Corbett. ROLL CALL: all Directors, aye. SO MOVED. CONSIDERATION OF PROCEDURE FOR MAKING DISTRICT DOCUMENTS AVAILABLE TO THE PUBLIC During a workshop with Bob Rauch, the Board and Manager discussed District documents and how they should be made available to the public. Mr. Holzmeister suggested that the Board consider including a statement on all agendas saying that the complete packet of related material is available for review at the District office and Truckee library. The agendas would be mailed to all interested parties and posted; in addition, a copy of the agenda and packet would be delivered to the Sierra Sun. Director Maass moved, and Director Corbett seconded, that the following procedure be authorized: On all Board or committee meeting agendas a statement will be made advising that the complete packet of related material is available for public review at the District office and the Truckee Branch of the Nevada County Library. The agendas will be mailed to all interested parties and posted at the District office, library, government center and U. S. Post Office. In addition, a copy of the Board packet will be delivered to the Sierra Sun. ROLL CALL: all Directors, aye. SO MOVED. 6/17/91 Pg 3 CONSIDERATION OF EMPLOYEE MANUAL; POSSIBLE DIRECTION • Mr. Holzmeister noted that, at his direction, Secretary Craig prepared a draft employee handbook. It does not duplicate the language found in the MOU, but briefly describes items found there as well as giving general information about the District. There are some sections included in the handbook that have been prepared in draft form but have not yet been adopted as policy, and other sections that have not yet been completed. Director Maass noted a correction that should be made to the paragraph regarding the long term disability plan. The Chairman turned the matter over to the Board/Manager Committee for review and recommendation. He asked that Ms. Craig sit in at the committee meetings during discussion of the handbook. CONSIDERATION OF LEASE/PURCHASE AGREEMENT FOR VEHICLES Mr. Holzmeister advised that the lease/purchase financing by Security Pacific fell through, but LaSalle National Bank is willing to do the lease at a very favorable rate. The interest rate is 7.93%, which is lower than the rate paid by LAIF on investments. Mr. Phelps noted that he reviewed the agreement and found it to be acceptable once his suggestions had been included. He said he made . it clear to LaSalle that the District is over the ten million dollar limit contained in the Internal Revenue Code and that the transaction was slightly less favorable to LaSalle, but this was of no consequence to LaSalle. Administrative Manager Chapman said that LAIF was paying 7 . 49% interest at the end of March and the rate was going down. Mr. Holzmeister stated that he thinks LAIF will go back to the traditional rate of 8% or above. Further, he said, taking the cash flow situation into consideration makes the lease/finance through LaSalle look very attractive. Director Sutton noted that this plan also spreads the expense out of a longer period of time allowing future customers to help bear the expense. Director Corbett moved that the Manager be authorized to work out the lease/purchase plan with LaSalle National Bank; seconded by Director Sutton. ROLL CALL: all Directors, aye. SO MOVED. (Resolution No. 9119. ) CONSIDERATION OF RESOLUTION NOMINATING LAFCo REPRESENTATIVE The position of Special District Representative No. 1 on Nevada County LAFCo is open for the remainder of the term that expires in August of 1992 , and each district may make one nomination, Mr. Holzmeister noted. • After brief discussion, Director Maass moved, and Director Curran seconded, that the Board adopt Resolution No. 9120 nominating Joe Aguera for the Special District vacancy on the Nevada County Local Agency Formation Commission. ROLL CALL: all Directors, aye. SO 6/17/91 Pg 4 RESOLVED. CONSIDERATION OF RESOLUTION AMENDING 1986 TRUST AGREEMENT Mr. Casnocha of Brown and Wood prepared a First Supplemental Trust Agreement in connection with the amendment of the District's 1986 Certificates of Participation Trust Agreement to permit unclaimed moneys to be captured by the District instead of being returned to the state. At a special meeting held on May 29, the Financing Corporation adopted a resolution approving the document. Director Maass moved that the Board adopt Resolution No. 9121 to authorize the execution and delivery of the First Supplemental Trust Agreement and certain other actions in connection therewith; seconded by Director Corbett. ROLL CALL: all Directors, aye. SO RESOLVED. CONSIDERATION OF RESOLUTION IMPLEMENTING AND FIXING ELECTRIC AND WATER STANDBY CHARGES FOR THE FISCAL YEAR 1991-92 It was noted that the draft resolution includes the new water standby charge and also makes reference to the ordinance that adopted the charge earlier this year. Director Maass moved, and Director Corbett seconded, that the Board adopt Resolution No. 9122 implementing and fixing electric and • water standby charges for the fiscal year 1991-92 . ROLL CALL: all Directors, aye. SO RESOLVED. CONSIDERATION OF RESOLUTION FIXING AND PLACING ELECTRIC AND WATER STANDBY CHARGES ON DISTRICT TAX ROLL FOR COLLECTION BY THE COUNTIES OF PLACER AND NEVADA Director Maass moved that the Board adopt Resolution No. 9123 fixing and placing electric and water standby charges on District tax roll for collection by the Counties of Placer and Nevada; seconded by Director Corbett. ROLL CALL: all Directors, aye. SO RESOLVED. DIRECTION REGARDING MINUTES OF MAY 20, 1991 At Director Maass ' request, the minutes were put over to the next meeting. He indicated he is working on some corrections. CORRESPONDENCE REGARDING TIMBER SALE Department of Forestry letter of June 3, 1991 The District received a letter from the Department of Forestry noticing the intent of LaFinca #1 to harvest timber on property adjacent to a parcel owned by the PUD. Mr. Holzmeister has been in touch with Ms. Schori of the Department of Forestry and indicated the District' s concerns - how the boundary between the properties will be marked, safeguarding the water line located on the property being harvested from damage by the logging trucks, and the road 6/17/91 Pg 5 closures due to pipeline replacement in Tahoe Donner. Director . Sutton suggested these concerns be set forth in a letter and Mr. Holzmeister agreed to do so. Letter from Denny Russell dated June 10, 1991 Mr. Russell 's letter indicates that Dave Miller, President of Horizon Management and Manager of Donner Lake Village, is redistributing electrical power to the members of the Donner Lake Village Home Owners Association. Mr. Holzmeister advised that District policy says the District does not sell power for resale. To resell the power it is necessary to have a rate approved by the Federal Energy Regulatory Commission. Director Sutton suggested the Manager and Counsel look into this issue. Letter from Eugene Kenway dated May 29, 1991 The Chairman made note of a letter from Eugene Kenway thanking the District for fixing a leaking water service box that was flooding his property in Tahoe Donner. Letter from R. Storie dated June 4, 1991 • President Aguera mentioned the letter from R. Storie written in support of Director Sutton. Letter from Jerome Young dated June 4, 1991 Regarding the implementation of new water standby charges, Mr. Young stated the Board' s action, in his opinion, was irresponsible. He suggested installing water meters. Letter from Robert Wright dated June 6, 1991 President Aguera noted Mr. Wright's letter says that the pipe in front of his house is leaking, causing the street to erupt and allowing water to flow down the driveway. He is concerned about the safety of children playing in the area as they are subjected to flying stones from cars dodging the erupted street and the water hole. BILLS FOR APPROVAL 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 Mr. Holzmeister stated that he didn't have a chance to prepare a report prior to the meeting. He said he would mail it to the Directors when it's ready. 6/17/91 Pg 6 l Tahoe Donner pipeline replacement project • Today, Counsel reported, he received the insurance certificates and bonding documents from T & S Construction and Ford Construction for the Tahoe Donner pipeline replacement project. They are acceptable, he said, and notices to proceed with construction will probably be issued tomorrow. Hirschdale There was a report of no water in Hirschdale at 10: 00 PM on Saturday. The temporary tank (located on a flat bed truck) tipped over and, although damage was done to the pump station building, none of the equipment was malfunctioning. Resource Development Company was contacted; an employee called all the Hirschdale residents to let them know what had happened; the Manager contacted Board members to advise them of the situation. Manager Holzmeister said that Dave Rully and Resource Development did a really nice job in getting the customers back in service quickly and cleaning up the gas spill. Audit for 1990 Director Sutton advised that, as a member of the Finance Committee, she met this afternoon with representatives of Arthur Andersen and . Company; Director Curran, the other member of the committee, was unable to attend. Also present at the workshop were Peter Holzmeister, Mary Chapman, Joan Antonucci and Joan Price. A few suggestions were made that will be included in the final report. Mrs. Sutton said everything concerning the audit appears to be in order. The Board agreed that the audit should be placed on the agenda for acceptance and said it would not be necessary for representatives of Arthur Andersen to appear before the Board. CLOSED SESSION At 8 : 15 PM the Board adjourned to closed session for the purpose of discussing personnel matters, status of negotiations with the Union, and pending litigation in accordance with Government Code Sections 54957 , 54957 . 6 and 54956.9 (b) (2) . RETURN TO PUBLIC SESSION The meeting was returned to public session at 8: 47 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 8: 48 PM. 6/17/91 Pg 7 TRU E DONNER P BL,14D-)UTILITY DISTRICT 5�opepb. R Aguera, esident/l Prepared by ✓ - Susan M. Craig, Deputy District Cler smc 6/17/91 Pg 8