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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. 4/4/01 Pagel .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. 4/4/01 Page 2 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. 414/01 Page 3 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. 4/4/01 Page 4 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 4/4/01 Page 5