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)
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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.
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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.
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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.
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MANAGER'S REPORT
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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
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October 20, �9 70 Page Z46
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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
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I ake-wol"Id DeV010pinerit C01_vP.
3055 Alvarado Street • San Leandro, California 94577 Phone (415) 352-2810
October 19, 1970
4
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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
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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
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I.€eke world Development Cory.).
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3055 Alvarado Street • San Leandro, California 94577 Phone (415) 352-2810
a October 19, 1970
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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.
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Sincerely,
LAKEWORLD DEVE PMENT CORP.
l Fred R. Damavandi, Manager
Planning and Engineering
FRD/lmw
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Draf t 10/19/7 0 MMCD/pay
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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.
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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
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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
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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