HomeMy WebLinkAbout2001-04-04 Min - Board �. REGULAR MEETING
April 4, 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 7:02 PM in the TDPUD Board room by President Maass.
ROLL CALL: Directors Joe Aguera, James Maass, Patricia Sutton, Nelson Van Gundy and Ron
Hemig were present.
EMPLOYEES PRESENT: Mary Chapman, Ed Taylor, Peter Holzmeister, Steven Holzmeister,
Neil Kaufman, Ian Fitzgerald and Susan Craig.
CONSULTANTS PRESENT: Attorneys Steve Gross, Andy Morris and John Murphy; Engineers
Keith Knibb and Kristen Lowell.
OTHERS PRESENT: Among those present in the audience were Charlie White, Dana and
Doris Carkey, Rene Fugazzi, Kathy Lund, Bruce Cowles, Mike Sergeant, Randy Alley, Shannon
Alley, Mary Lou Alley, Reg King, Jerry and Karen Kent, Carl and Ethel Rasmussen, Bill Sande-
man, Kirk Huitenea, Frank Forsgren, Tony and Pat Alarcon, Ted and Myra Jane Heyn and John
Byrne.
PUBLIC INPUT
There was no public input.
PUBLIC HEARING
District's intent to form the Donner Lake Assessment District No. 00-1, the improvements
proposed to be acquired and constructed, the extent of the Assessment District, the es-
timate of the cost and expenses thereof, and the proposed diagram and assessment; to
consider whether the public interest and convenience require the improvements; and to
consider the report
This hearing is being held to hear comments, protests and requests for changes to the pro-
posed amount of assessment from property owners at Donner Lake. At the conclusion of the
hearing the Board will consider authorizing Lowell and Associates to count the ballots and report
the official results at a future Board meeting. There will be an estimate of the results tonight
about 10:00 PM.
The public hearing was opened at 7:09 PM.
Mr. Holzmeister noted formal letters were received from Jay and Helen Hann, Benjamin and
Cheryl Greer, Elek Lindner and Malin Prupas. Reg King was present and also presented a let-
ter. Copies are attached to these minutes as part of the permanent record.
A summary of the kinds of requests for modification of the proposed assessment follows:
• Several properties along South Shore Drive are split between Nevada and Placer Coun-
ties. They have two Assessor Parcel Numbers, one for each County, although they are
-- single lots. There are 27 requests that they be assessed once, not twice.
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.v • Several small duplexes have been assessed as commercial property. The request is that
they be assessed as single family homes, plus a partial assessment to fairly reflect the
additional units.
• A few properties include a main house plus a small number of rental units — not motels
and not duplexes. They have been assessed as commercial properties and are asking
for a reduced assessment.
• An owner of multiple condominium units at Donner Lake Village is requesting that he not
pay a full assessment on each unit.
• The owner of DonLak Mobile Home Park has received a proposed assessment based
on acreage. He is asking for a reduction based on current use of the property.
• Four or five property owners of parcels with wells have asked that they receive a
reduced assessment.
Questions, comments and/or requests were posed by property owners Mike Sergeant, Bruce
Cowles, Dana Carkey, Ted Heyn, Kathy Lund, Carl Rasmussen, Rene Fugazzi, Juanita Schnei-
der and Scott Kessler. Reg King, design engineer for Wolfe Estates and Donner Lake Woods,
had questions about the assessment amount being charged to the property owners in the sub-
divisions. Mr. Holzmeister will evaluate various requests and their financial impact for presenta-
tion to the Board. A decision does not need to be made at this meeting; when the results of the
ballot voting are known, the Board will consider the requests and take action relating to the for-
mation of an assessment district.
DECLARATION THAT THE PUBLIC HEARING IS CLOSED; APPOINTING LOWELL AND
ASSOCIATES TO SERVE AS THE IMPARTIAL COUNTER OF THE ASSESSMENT BAL-
LOTS, AND AUTHORIZING AND DIRECTING LOWELL AND ASSOCIATES TO COUNT THE
ASSESSMENT BALLOTS AND TO REPORT THE RESULTS TEHREOF AT A FUTURE
BOARD MEETING
The public hearing was closed at 8:02 PM.
The law governing formation of assessment districts requires that an impartial person open and
tabulate the assessment district ballots. Director Van Gundy moved, and Director Aguera sec-
onded, that the Board appoint Lowell and Associates to serve as impartial counter of the as-
sessment district ballots and report the results back to the Board. The voice vote was unani-
mous. SO MOVED.
CONSIDERATION OF GIVING A NOTICE OF INTENT OF THE BOARD OF DIRECTORS OF
THE DISTRICT TO ADOPT A RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN
PROPERTIES, BEING THE WATER SYSTEM OF DONNER LAKE WATER COMPANY, AND
SCHEDULING A PUBLIC HEARING
Director Aguera moved, and Director Van Gundy seconded, that the Board adopt Resolution
No. 2001-08 authorizing the provision of notice of intent to consider adoption of a resolution of
necessity in connection with the acquisition of certain properties, being the water system of the
Donner Lake Water Company, and authorizing the scheduling of a public hearing.
Mr. Holzmeister advised that the District and Bob Fortino, owner of Donner Lake Water, have
exchanged offers and are still negotiating. This resolution, if adopted, will authorize the District
to schedule a public hearing and give written notice to the owner of the Donner Lake Water
Company that the Board will consider for adoption a resolution of necessity to acquire by emi-
nent domain, if not acquired by negotiation, interests in the Donner Lake water system.
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ROLL CALL: all Directors, aye. SO RESOLVED.
MARTIS VALLEY WELL PIPELINE AND WELL BUILDING PROJECT CEQA PROCESS:
• 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 Decla-
ration reflect the District's independent judgment
The California Environmental Quality Act review period for the Martis Valley Well No. 1 Pump
Station and Pipelines negative declaration closed on March 26, 2001. No comments were re-
ceived from the agencies on the State Clearinghouse's distribution list. The Board held a public
hearing on March 7 and no written or oral comments were received.
Director Van Gundy moved, and Director Hemig seconded, that the Board take the following
action:
• Adopt the Negative Declaration
• Approve the project for purposes of CEQA
• 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 authorize staff to file the Department of Fish and
Game certification of fee exemption with the Nevada County Clerk
• Adopt a finding that the draft documents circulated and the Negative Declaration reflect
the District's independent judgment
All Directors, aye, by voice vote. SO MOVED.
CONSIDERATION OF A FUNDING PLAN FOR CONSTRUCTION OF THE MARTIS VAL-
LEY WELL, THE WELL BUILDING, ASSOCIATED WATER SYSTEM PIPELINES, AND
OTHER PROSSER WATER PROJECTS
Staff reviewed with the Board an updated estimated construction payment schedule for the
Martis Valley Well and pipeline. The project total at the end of August 2001 is estimated to
be $1,275,000. Money spent to date and reimbursed from facilities fees is $259,882; the es-
timated balance of the project is $1,275,000 bringing the total to $1,534,882. If a loan in the
amount of $1,500,000 is obtained, $259,882 may be returned to facilities fees. With the cur-
rent balance in facilities fees being $994,190, this will bring the total to $1,204,072.
Staff has discussed the funding of the balance of this project as well as other water capital
projects that will need to be constructed this summer as a result of developments that will be
going forward. Quotes for ten year terms in the amounts of $650,000, $1,000,000,
$1,500,000 and $2,000,000 were obtained from Municipal Services Group for comparison
and discussion purposes.
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Director Hemig moved, and Director Van Gundy seconded, that the Board pursue a financ-
ing agreement with Municipal Services Group for the amount of $1,500,000 over a ten year
term. ROLL CALL: Sutton, no; all other Directors, aye. SO MOVED. A resolution and docu-
ments will be brought back to the Board for consideration at the next meeting.
CONSIDERATION OF A REPORT ON BIDS AND PROPOSALS RECEIVED AND POSSI-
BLE AWARD OF CONTRACTS FOR:
• Martis Valley Well No. 1 Pump Station
• Joerger Drive Transmission Pipeline
• Martis Valley Well Pipeline
• Acquisition and installation of the well pump
• Geotechnical inspection service
Bids on the Martis Valley well and pipeline and Joerger Drive transmission pipeline were
opened on March 29, 2001. Staff reviewed the bids with the Board and noted that various
addenda to the contract documents have reduced the project costs significantly.
Director Van Gundy moved, and Director Aguera seconded, that the Board award the Martis
Valley Well No. 1 Pump Station Project to Schott Construction in the amount of $133,900;
award the Joerger Drive Transmission Pipeline project to Joe Suter Construction in the
amount of$238,040; award the Martis Valley Well Pipeline Project to Joe Suter Construction
in the amount of$201,399. All Directors, aye, by voice vote. SO MOVED.
Staff advertised and received bids for the Martis Valley well pump. Bids were received and
opened on March 29, 2001. Only one bid was received. The bidder was Flowserve Corpora-
tion, Rotating Equipment Division, of Chico, California. This company has supplied most of
the well pumps currently used by the District. Flowserve's bid was not responsive to the con-
tract requirements as they did not provide a bid bond and installation costs were not in-
cluded.
Director Hemig moved, and Director Van Gundy seconded, that the Board reject the bid and
direct staff to negotiate for purchase of the well pump and its installation. All Directors, aye,
by voice vote. SO MOVED.
Staff is requesting the approval of a contract for services with Joslin Geotechnical for the
geotechnical inspection of the Martis Valley Well No. 1 Pump Station and Pipeline Project.
The estimated cost is $30,000.
Counsel Steve Gross noted that the contract proposed by Joslin needs to be modified.
Director Van Gundy moved, and Director Aguera seconded, that the Board approve the geo-
technical inspection services agreement with Joslin Geotechnical for construction inspection
in an amount not to exceed $30,000 subject to approval of the agreement by Counsel
Gross. ROLL CALL: all Directors, aye. SO MOVED.
TREASURER'S REPORT
• Approval of the monthly report
• Approval of disbursements
Director Hemig moved, and Director Van Gundy seconded, that the Board approve the
monthly Treasurer's report, copy attached. All Directors, aye, by voice vote. SO MOVED.
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Director Hemig moved, and Director Aguera seconded, that the Board approve the dis-
bursements. ROLL CALL: Sutton, no; all other Directors, aye. SO MOVED.
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
• Conference with legal counsel pursuant to Government Code 54966.9, antici-
pated litigation
The Board adjourned to closed session at 8:59 PM.
RETURN TO OPEN SESSION
The Board returned to open session at approximately 9:45 PM. There was no action re-
ported as a result of closed session.
ADJOURNMENT
There being no further business before the Board, the meeting was adjourned at 9:46 PM.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
es A. Maass, Pre ent
Prepared b
N Y
Susan M. Craig, Deputy District Clerk
smc
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