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HomeMy WebLinkAbout1970-10-20 Min - Board TRUCKEE-DONNER PUBLIC UTILITY DISTRICT P. 0. BOX 308 TRUCKEE, CALIFORNIA 95734 Telephone 587-3896 AGENDA ,...� FOR BOARD OF DIRECTORS OCTOBER 20, 1970 - 7:30 P.M. 1. Roll Call 2. Approval of minutes of September 15 and 22, October 6. 3. Bills and bills for Board's approval 4. Sierra Mountain Properties S. Approve Donner Lake Substation for bids 6. Lakeworld extension of time 7. Martin McDonough's draft of complaint 8. Car 9. Sh a Neva easement 10. Manager's Report OCTOBER 20, 19 70 The Board of Directors of the Truckee Donner Public Utility District met in the conference room of the District in a regular meeting. The meeting was called to order by President Doyle at 7:30 P.M. ROLL CALL: Doyle, Loehr, Stone, Moore, Rose. GUESTS PRESENT: Ray Smith. t EMPLOYEES PRESENT: Cattan, Grow, Archer, Bliss. No errors, corrections or omissions, the minutes of September 15 and 22 and October 6 are approved as written. BILLS AND BILLS FOR BOARD'S APPROVAL Mr. Cattan mentioned the overtime is due to the Martis Valley line for which two men were engaged from Reno. Referring to the payment to Cook & Associates, it was noted that the District has been reimbursed 100% for engineering subdivision studies so far. Since there were several bills relating to petty cash and a safe, at this time Mr. Doyle officially informed the Board that the District Office was burglarized the night of October 7 with damage to the safe and doors in addition-to the loss of money. The robbery appeared to be a professional job. The District will be reimbursed for losses through insurance. A new safe with double locks has been purchased from Reno Safe and Lock Company. No further discussion, a motion was made by Mr. Moore and seconded by Mr. Rose that the bills and bills for Board's approval be paid as listed. All ayes. SIERRA MOUNTAIN PROPERTIES This matter was tabled from the last meeting pending further study. Mr. Loehr mentioned perhaps this subdivider could contribute to a tank in. that area. Mr. Doyle stated this. subdivider would have to abide by the regulations of the District as does any other subdivider. Mr. Cattan said the District agreed to serve Prosser and Sierra Meadows because most of their land is within the District. A motion was made by Mr. Stone and seconded by Mr. Rose that this matter again be tabled because Wash- ington has approved an exchange for this land for two other parcels of land, one on south shore and 40 acres next to some of District land. (Sierra Mountain Properties is private now and would become forestry land when the exchange is completed.) ROLL CALL: Rose, aye; Loehr, aye; Stone, aye; Moore, aye; Doyle, aye. Motion carried. So ordered. DONNER LAKE SUBSTATION, APPROVAL FOR BID Mr. Cattan informed the Board that the specifications have been prepared. Since he is going on vacation next month and will be passing through Las Vegas where Mr. Leary of REA lives, he would like to take the specifications and drawings of the substation to him for approval since the equipment delivery will take approximately 9 months. Mr. Moore mentioned that the Board should be aware that there will probably be a 6 0 increase in transformers, etc. next December. The District has yet to acquire the 100 X 110 strip of land, which will be by condemnation proceedings since Mr. McGlashen wants at least $5,000 in addition to lines to future lots which could amount to $100,000. The steel work will be accomplished in May 1971, the transformers in June 1971. (A diagram of the substation layout was drawn on the board by Mr. Cattan.) This new substation will operate at 7600 V, which is higher than the Truckee substa- tion so as to maintain present transformers. Power can be fed back from the new i substation to Truckee except for the mill. The District will perform the labor for this substation which will cost approximately $50,000. Mr. Rose recommended the Board be fairly generous with Mr. McGlashan because the family has given the District land; however, Mr. Cattan feels Mr. McGlashan's present price is much too high. Access is available on county property. Sierra Pacific will build the 1500' line and install the incoming structure. It will be less expensive for the District to hire Sierra Pacific to perform the construction of the line. The Manager has been approached by the Division of Highways for lighting Donner Lake interchange, and they will pay for underground cable. No further discussion, a motion was made by Mr. Rose and seconded by Mr. Stone that the Manager be authorized to put the substa- tion to bids. ROLL CALL: Rose, aye; Loehr, aye; Stone,,, aye; Moore, aye; Doyle, aye. Motion carried. So ordered. October 20, 1970 Page 204 OCTOBER 20, 19 70 - CONTINUED LAKEWORLD, EXTENSION OF TIME, TAHOE NORTHWOODS AGREEMENTS The Lakeworld Development Corporation is requesting a year's extension of time on both their electric and water agreements with the District regarding their Tahoe Northwoods development. They wish time to acquire additional easements for the water system. Regarding electric service, there have been delays in obtaining approval from the county. Mr. Cattan mentioned Lakeworld may have had delays also with the engineering firm they engaged; however he felt we should refer the request to Paul Chamberlain for his opinion. Mr. Rose was agreeable to an exten- sion as long as it did not affect the agreements. Mr. Loehr felt any change in procedure should be handled by legal counsel for further research. Mr. Doyle ment i one d the de 1 ay in the water system will affect Armstrong, that he would like to see the agreements enforced to the letter based upon the opinion of legal counsel. Mr. Moore cautioned that the Board should think about setting a prece- dent in this matter. Mr. Rose made a minute order that the letters of request for an extension of time in the respective agreements be submitted to legal counsel for further study. Mr. Moore seconded the minute order. All ayes. PROSSER LAKEVIEW ESTATES - LAKEWORLD Regarding Unit 5, the agreement with the District specifies a 200,000 gallon tank. Because of so many fires recently, Mr. Cattan informed Mr. Pardini a 250,000 gallon tank would provide more protection. Mr. Pardini agreed as evidenced in the attached letter of October 19, 19 70. Construction will begin in 1971. ATTORNEY MC DONOUGH'S DRAFT OF COMPLAINT: DISTRICT VS. C.S. BEAVERS (PONDEROSA j PALISADES) i The draft was read by President Doyle, a copy of which is attached and is part of these minutes. Mr. Doyle said this draft is a standard civil complaint which he must eventually sign when it is presented to the Board in its final form. All t the Board members agreed with the draft and felt it was very well written. i CAR FOR MANAGER -"",WAN Mr. Paulus contacted Nevada County regarding purchasing a vehicle through them if and when the Board feels a new car is necessary. The county will let us know the details in two weeks as to procedure. It was noted that purchasing through f the count would mean a substantial savings for the District. y g SHA NEVA (PAT SHANE) The matter of an easement to Sha Neva has been discussed numerous times. The last decision of the Board was that this easement was previously made available to a Mr. Henne sy for $3,0 0 0 compensation to the District and that the same terms should apply to Mr. Shane (or Sha Neva) so as not to discriminate. Mr. Chamberlain mentioned that if a road was being used, Sha Neva should have documents to support this use of a road. After brief discussion, the Board adhered to its previous decision and will only consider this matter of an easement for proper compensation. I MANAGER'S REPORT f The Martis Valley Dam line has been completed. Pipe is across Trout Creek, but the pipe needs to be bolted. Mr. Doyle asked the Office to check on the sewer connection fees for the rental house and warehouse, especially if the assessment is higher because a residence is a rental, and report to the Board at the next meeting. No further business to come before this Board, a motion was made by Mr. Loehr and seconded by Mr. Rose that we adjourn. All ayes. Meeting adjourned at 9:01 P.M. Mr. Ray Smith from Alpine Smith Construction Company stated that he wished to be on the agenda to discuss a statement he submitted to the District on the Martis Valley Dam line pole hole digging, etc. The meeting reconvened at 9:07 PSI to discuss the bill. Mr. Smith feels that he should definitely be paid for building ` Page 20 5 October 20, 1970 OCTOBER 20, 1970 - CONTINUED RAY SMITH (CONTINUED) the road, whether or not the District uses the road, and feels he should be paid for 72 pole holes, not 71 as contended by Mr. Cattan. Mr. Smith stated the holes were dug where staked as instructed. Mr. Cattan stated some holes were restaked and that Mr. Smith should have checked with the District before digging. Mr. Smith said he did not charge the District for anchor holes dug or for time lost waiting #saw for the District to give directions. Mr. Loehr felt that if Mr. Smith performed the work at the request of the District, he should be paid whether or not the road was used. Mr. Smith stated he has performed much work for the District this past year, bidding low and saving them $15,000 - $20,000, that he did not like his bill being questioned for such a small amount after performing all this work for the District. Mr. Doyle stated the Board was certainly appreciative of all the work Mr. Smith had performed so far and was well satisfied. Mr. Doyle felt the bill should be paid as submitted. Mr. Moore mentioned that it was admirable the Manager should try to save the District money and he hoped this matter would be forgotten. After brief discussion, Mr. Loehr made a motion that the bill from Alpine-Smith Construction Company be paid as submitted. Mr. Stone seconded the motion. ROLL CALL: Rose, aye; Loehr, aye; Stone, aye; Moore, aye; Doyle, aye. Motion carried. So ordered. No further business to come before this Board, a motion was made by Mr. Moore and seconded by Mr. Loehr that we adjourn. All ayes. Meeting adjourned at 9:48 P.M. PAUL A. DOYLE, PRESIDENT OF THE BOARD s CAROLYN BLIS6W, RECORDING SECY I October 20, �9 70 Page Z46 I+ r• i-.r•''46/- fie. 1�akeworld Developti -nt Corp. 3055 Alvarado Street • San Leandro, California 94577 Phone (415) 352-2810 October 19, 1970 { Board of Directors TRUCKEE-DONNER PUBLIC UTILITY DISTRICT P . 0. Box 308 Truckee, California Gentlemen: In accordance with the Truckee-Donner Public Utility District Resolution Number 70-06, Lakeworld Develop- ment Corp. has agreed to pay a source charge for Prosser Lakeview Estates Unit 5 of $50 per lot. We have also agreed to pay a source charge of $1, 300 for Unit 4. The former developers of Prosser Lakeview Estates had an agreement with the District for construction of a 200,000 gallon storage tank with the development of Unit 5. Your later resolution called for an assign- ment of this agreement to Lakeworld Development Corp. However, at the request of Mr. George Cattan, your manager;, we are increasing the size of the storage to 248,000 gallons to meet the fire requirements of th subdivision. The tank will be constructed in the year 19710 We hope this will be in line with the standards that Mr. Cattan has set up for this subdivision. Sincerely, LAKEWORLD DEV L PMENT CORP. Fred R. Damavandi, Manager Planning and Engineering F RD/lmw .r' 3 •r I ake-wol"Id DeV010pinerit C01_vP. 3055 Alvarado Street • San Leandro, California 94577 Phone (415) 352-2810 October 19, 1970 4 1i Board of Directors TRUCKEE-DONNER PUBLIC UTILITY DISTRICT P. 0. Box 308 r Truckee, California Gentlemen: • Reference is made to your Resolution Number 7 0-10 approving and authorizing the execution of an agree- ment respecting electric power service for the Tahoe Northwoods .Development. The first paragraph of page 2 of the Agreement calls for the construction of the first phase of the main distribution line by November 30, 1970. Due to the t . delays in getting approval of our subdivision units from the County and also due to the fact that the con- struction of this phase will not be completed this year because of the weather, we respectfully request an extension of the completion date to November 30, 1971. r We are quite sure that by the end of this year we will have all the necessary approvals and will be able to construct this phase in the construction season of 1971 . Sincerely, LAKEWORLD DEV OPMENT CORP. , Fred R. Damavandi, Manager Planning and Engineering FRD/lmw 5 E L rt f f a. I.€eke world Development Cory.). r 3055 Alvarado Street • San Leandro, California 94577 Phone (415) 352-2810 a October 19, 1970 , a: f Board of Directors TRUCKEE-DONNER PUBLIC UTILITY DISTRICT P. O. Box 308 Truckee, California Gentlem0n: Reference is made to the agreement between Truckee- Donner Public Utility District and Lakeworld Develop- ment Corp. respecting the Tahoe Northwoods Development Water Supply and System. The first paragraph on Page 4 of this Agreement con- cerns -the right of way for the initial supply facility. According to this paragraph, we have until October 25, 1970, to request the District to co-operate with us in providing any necessary lands, easements, or right of ways. Thus far, we have not been successful in acquir- ing all. the easements that are necessary for this purpose. ,r-• However, we feel that with additional time we will be able to accomplish right of way acquisition without getting the District ' s time and personnel involved. Therefote we respectfully that the October 25 i P ectfull request uest q • , 1970, date be extended to October 25, 1971. 4 Sincerely, LAKEWORLD DEVE PMENT CORP. l Fred R. Damavandi, Manager Planning and Engineering FRD/lmw 4 F f i t Draf t 10/19/7 0 MMCD/pay x SUPERIOR COURT.' OF THE STATE OF CALIFOR.NIA COUNTY OF NEVADA TRUCKEE-DONNER PUBLIC UTILITY ) DISTRICT, } No. t ) Plaintiff, ) COMPLAINT FOR vs. } DECLARATORY RELIEF ) C. S. BEAVERS, DOES 1 to 10, ) and DOE CORPORATIONS 1 to 10, } } Defendants. ) TRUCKEE-DONNER PUBLIC UTILITY DISTRICT for its complaint alleges : I. Plaintiff is now and at all times material hereto was a duly formed, existing, and operating public utility district pursuant to The Public Utility District Act, Divi sion 7 of the California Public Utilities Code, commencing with section 15501, II. Defendant C. S. Beavers now is and at all times materialhereto was a resident of the County of Nevada, State of California. Plaintiff does not know the true names of the ' other defendants, and asks leave to amend the complaint to specify such names when they become known. 1. f 1 i ob III. On or about April 10, 1962', plaintiff and defendant C. S. Beavers entered into an agreement in writing , a true copy of which is annexed to this complaint and marked Exhibit "'A" . Subsequent to such date of execution the defend- ants sued under fictitious names have obtained an interest in said agreement by means which are not known to plaintiff. vie Subsequent to the execution of said agreement defendants applied to the plaintiff for plaintiff to provide water service under said agreement to. a subdivision of the lands referred to in said agreement known as "Ponderosa Palisades West. " Plaintiff has refused to provide such water service except upon compliance by defendants with the rules and regulations set out in Resolution No, 7006 of plaintiff, adopted a . April 17 , 1970 , a true copy of which is annexed hereto as Exhibit "B" . Defendants contend that they are not required by said agreement or otherwise to comply with said Resolution No. 7006 nor with any other rules and regulations adopted by plaintiff subsequent to the date of said agreement, and that they are entitled under said agreement to receive such water service from plaintiff without complying with Resolution No. 7006 or with any other rules or regulations adopted by plaintiff subsequent to the date of said agreement. Ve An actual controversy has arisen and exists between plaintiff and defendants , as alleged in the next preceding paragraph. VIe A further controversy has arisen and exists be- tween plaintiff and defendants in that plaintiff contends that r - 29 x r s _ ris I A f.. the agreement is discriminatory and unlawful, if its proper . construction is as contended for by defendants, and that such agreement cannot lawfully be enforced by defendants against a plaintiff. VII . Plaintiff desires a declaration of its rights with 4" respect to the proper construction of. said agreement, with particular reference as to whether said agreement requires plaintiff to provide water service to defendants ' Ponderosa Palisades West without compliance by- defendants with plaintiff 's resolution No. 7006; and as to the validity of said agreement if construed to require such service without such compliance. Such declaration is necessary and appropriate at this time in 1 order that plaintiff may ascertain its rights and duties in the premises . WHEREFORE, Plaintiff prays for a declaratory r judgment as follows : 1. That the court declare. the respective rights and duties of plaintiff and defendants under said agreement in question, and that said agreement does not prevent plaintiff from requiring compliance by defendants with plaintiff 's Resolution No. 7006. 2. For such other and further relief as may appear s appropriate. Dated: Attorney for Plaintiff 3. t A T. t STATE OF CALIFORNIA ) ss. COUNTY OF NEVADA Paul A. Doyle under penalty of perjury declares : • that he is an officer of the plaintiff in the within cause , to wit. , the President of ,its Board of Directors • tha t he has read the foregoing coriplaint and knows the' contents thereof, and that the same are true. Dated at' Truckee, California: J i I • i l 4. , STATHN ENT OF GENERAL FUND Bank Balance 10/5/70 $24,703.00 Deposits 20,263.61 Approved billings 11,656.57 Meszanas) 50.00 Rafferty Subsistence, linemen for Martis Line 50.00 Y Cas" Discounts (3•09) Sierra Pacific Power Co. 18,713.65 Petty Cash (operating cash after robbery) 305.58 �-, Jim Smith Excavating (truck .rental) 55.98 U.S. Post Office 90.00 Phillips Petroleum (8 months billing) 887.86 (31,806.55) 10/15/70 Payroll O.T. GROSS NET Cattan 700.00 591.50 Burdick 26.16 583.92 495.42 Paulus 550.00 459.50 Silva 24.27 541.71 482.71 Reynolds 22.68 495.64 400.35 Grow 21.33 457.41 380.65 Archer 28.44 445.56 372.57 Straub 58.49 426.49 332.86 Pine 246.40 192.71 Howell 246.40 197.31 Rafferty* 24.27 239.87 210.36 Meszanas* 24.27 239.87 193.26 Bliss 230.00 216.66 Brown* 34.40 34.40 Schlinkman* 30.88 29.09 $4,589.35) 22 .91 5,585.55 Bank Balance 10/20/70 $8,S70.71 BILLS PAID AND BILLS FOR BOARD'S APPROVAL Reno Safe & Lock ($165 refund due) 569.25 APPA (dues) 178.74 Case Power & Equip (back hoe) 93.60 Consolidated Elec. (pump panel-Armstrong) 296.54 Cook & Associates (subdivider map study) 533.10 Farmers Mach. & Supply (back hoe) 20.47 Interstate Sales (underground signs) 16.11 Pacific Telephone 180.15 Specialty Oxygen Service (welding equip.) 24.00 Standard Oil Co. (back hoe) 6.20 Truckee Tahoe Lbr. Co. (nails) 23.10 Tahoe Truckee Agency (directors bonds) 31.50 Walt's Gulf Service 2.29 Western Hdwe & Tool (emp. equip.) 12.81 Natl Norary Assoc. (forms) 3.50 Alpine-Smith Constr. Co. (Martis pole line) 1,4S6.00 Western Power Products (brackets) 45.71 Record Supply Co. (Armstrong pump) 427.03 (3,920.10) Balance after payment of above billings $4,6-E44.61 * Part Time October 20, 1970 Page 20 7