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Home My WebLink About2003-06-18 Min - Board REGULAR MEETING June 18, 2003 In accordance with District Code Section 2.08.010, the TDPUD minutes are action only min- utes. All Board meetinas are recorded on audio tapes which are preserved perpetually 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 Hemig. ROLL CALL: Directors Joe Aguera, Ron Hemig, James Maass, Patricia Sutton and Nelson Van- Gundy were present. EMPLOYEES PRESENT: Alan Harry, Ed Taylor, Steve Hollabaugh, Neil Kaufman, Kathy Neus, Tammie Hoedeman, Peter Holzmeister and Barbara Cahill CONSULTANTS PRESENT: Lawrence Rolapp and Steve Gross OTHERS PRESENT: Juanita and Frank Schneider, Rick McConn, Bill Fiveash, George Blanz, Jody Sweet, Rene Shadforth and Katrina Paz PUBLIC INPUT There was no public input. CONSIDERATION OF A REPORT FROM FIELDMAN, ROLAPP & ASSOCIATES REGARDING POSSIBLE FORMATION OF A COMMUNITY FACILITIES DISTRICT. Attorney Steve Gross of Porter-Simon excused himself the dais and moved to a seat in the audi- ence because the law firm works with East/West Partners. Director Aguera moved and Director Van Gundy seconded, a motion to authorize staff and con- sultants to proceed with the pre-CFD formation activities. ROLL CALL: Director Sutton, no (no advantage to the District, not a better way for the District to receive dedicated public works from a developer and does not agree public agencies should fi- nance exclusive communities); All other Directors, aye. SO MOVED. BROADBAND BUSINESS PLANNING — REVIEW OF THE STATUS OF THE BUSINESS PLAN- NING PROCESS, POSSIBLE ACTION Director Van Gundy moved and Director Aguera seconded, a motion to schedule a special meeting to take action on specific broadband issues on Monday, June 23, 2003 at 5:00 PM. ROLL CALL: All Directors, aye. SO MOVED. BROADBAND BUSINESS PLANNING —SALE OF CONDUIT Director Aguera moved and Director Maass seconded, a motion to formally acknowledge that the previously approved contract with Touch America is null and void due to a breach in the signed Letter of Intent, thus allowing the District to retain the $65,000 in earnest money; to approve the Letter of Intent with Sierra Pacific Communications, and direct the General Manager to execute same; and to direct the General Manager to execute the final contract with Sierra Pacific Commu- nications, to include only those items included in the approved Letter of Intent, upon its completion. ROLL CALL: Director Sutton (District should go out to bid); All other Directors, aye. SO MOVED. 1 DISCUSSION OF THE STATUS OF THE AUDIT OF THE FINANCIAL STATEMENTS FOR 2002, POSSIBLE ACTION A presentation of the audited financial statements will be made by Tim McCann from KPMG at the special meeting on June 23, 2003. The Board was advised that KPMG has used more formal au- diting language in some places where Arthur Anderson had used less formal language. The Board was also advised that KPMG had restated the beginning balance for 2002 in recording the Donner Lake water system asset. This restatement effects the ending balance for that same account for 2001, and leaves the District without a valid audit for 2001. This matter needs to be discussed with the auditors at the special meeting. No action was taken. CONSIDERATION OF AUTHORIZING TRANSFERS OF FUNDS FROM VARIOUS WATER RESTRICTED FUNDS TO THE WATER GENERAL FUND Director Aguera moved and Director Van Gundy seconded, a motion to: 1. Transfer $296,035 from the Surplus Land Trust Fund to the Water General Fund to pay for costs associated with the Donner Lake Water System Project. When permanent financing for the Donner Lake Water System is secured the Surplus Land Trust Fund will be reimbursed 2. Transfer $94,856 from the Surplus land Trust Fund to the Water General Fund to pay for costs associated with the Glenshire Water System Project. When the surplus Glenshire land is sold and permanent financing for the Glenshire Water System is secured, the Surplus Land Trust Fund will be reimbursed. 3. Transfer $137,358 from the Water Facilities Fees Fund to the Water General Fund to pay the costs associated with the Bridge Street Tank Project. ROLL CALL: All Directors, aye. SO MOVED. CONSIDERATION OF A REPORT ON BIDS RECEIVED AND POSSIBLE AWARD OF A CON- TRACT FOR CONSTRUCTION OF THE DONNER TRACT WATER IMPROVEMENT PROJECT Director Maass moved and Director Van Gundy seconded, a motion to award the Donner Lake Tract Pipelines project, as modified by three Addenda prior to the Bid Opening, to Herbert Suter Construction in the amount of $413,075; funding for project to be obtained from the surplus land trust fund until permanent financing is arranged. ROLL CALL: All Directors, aye. SO MOVED. CONSIDERATION OF A CONTRACT WITH SOUTHWEST GAS TO PARTICIPATE IN THE DISTRICT'S DONNER TRACT WATER IMPROVEMENT PROJECT Director Aguera moved and Director Van Gundy seconded, a motion to approve the Joint Agree- ment between the District and Southwest Gas for construction of the Donner Lake Tract Pipelines project, with a unit price of $21 per foot to install natural gas piping in the Joint Trench and pay 15 percent of the cost of performing Rock Excavation while excavating the Joint Trench. ROLL CALL: All Directors, aye. SO MOVED. CONSIDERATION OF A RESOLUTION DONATING NATIVE AMERICAN ARTIFACTS TO THE DONNER STATE PARK Director Maass moved and Director Van Gundy seconded, a motion to adopt the resolution donat- ing the artifacts to the State of California, Department of Parks and Recreation for display at Don- ner State Park; to authorize staff to coordinate the transfer of the artifacts and complete any docu- mentation and paperwork necessary to accomplish the transfer. 2 ROLL CALL: Director Sutton, no (does not want to relinquish control of the artifacts); All other Di- rectors, aye. SO MOVED. CONSIDERATION OF RESOLUTIONS REQUESTING NEVADA AND PLACER COUNTIES TO COLLECT WATER AND ELECTRIC STANDBY CHARGES Resolution 2003-20 implementing and fixing electric standby charges for the fiscal year 2003-2004. Resolution2003-21 implementing and fixing water standby charges for the fiscal year 2003-2004. Resolution 2003-22 fixing and placing electric and water standby charges on District tax roll for col- lection by the County of Nevada Resolution 2003-23 requesting collection of electric and water standby charges on Placer County tax roll Director Maass moved and Director Van Gundy seconded, a motion to adopt the above resolutions. ROLL CALL: All Directors, aye. SO MOVED. CONSIDERATION OF A RESOLUTION INITIATING AN APPLICATION AT NEVADA LOCAL AGENCY FORMATION COMMISSION FOR ANNEXATION OF A PARCEL (APN 080-370-004) FOR WATER SERVICE. Director Maass moved and Director Aguera seconded, a motion to adopt a resolution asking the Nevada County LAFCo to initiate annexation proceedings for the annexation of Placer county APN 080-370-004 for the Yardas Parcel Split. This resolution acknowledges District review of the Placer County environmental review of the proposed project and concurrence with the finding as related to provision of water service. ROLL CALL: All Directors, aye. SO MOVED. GLENSHIRE PIPELINE PROJECT CEQA PROCESS — CONSIDERATION OF ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION, APPROVING OF THE PROJECT FOR PUR- POSES OF CEQA, APPROVING THE MITIGATION MONITORING PLAN, AUTHORIZING THE FILING OF THE NOTICE OF DETERMINATION WITH THE NEVADA COUNTY CLERK AND THE GOVERNOR'S OFFICE OF PLANNING AND RESEARCH, ADOPTING A DEMINIMUS IM- PACT FINDING AND AUTHORIZING THE FILING OF THE CERTIFICATE OF FEE EXEMPTION WITH THE NEVADA COUNTY CLERK, AND ADOPTING A FINDING THAT THE DRAFT DOCUMENTS CIRCULATED AND THE NEGATIVE DECLARATION REFLECT THE DISTRICT'S INDEPENDENT JUDGMENT Director Maass moved and Director Aguera seconded, a motion to adopt the Final Mitigated Negative Declaration; approve the project for purposes of CEQA; approve the Mitigation Monitoring Plan; authorize the filing of the Notice of Determination with the Nevada County Clerk and the Governor's Office of Planning and Research; adopt a DeMinimus Impact Finding and authorizing the filing of the Certificate of Fee Exemption with the Nevada County Clerk; and adopt a finding that the draft documents circulated and the Negative Declaration reflect the District's independent judgment ROLL CALL: All Directors, aye. SO MOVED. WORKSHOP ITEMS DISCUSSION OF THE DRAFT FINANCE MASTER PLAN The agenda item was postponed for discussion at a future meeting. 3 MONTHLY STAFF REPORTS No action taken. ADJOURNMENT There being no further business before the Board, the meeting was adjourned at 9:35 PM. TRUCK7ONT PUBLIC UTI DISTRICT J. nrhig, Pre ident Prepared by Barbara Cahi eputy District Clerk bhc 4