HomeMy WebLinkAbout1974-05-21 Min - Board MAY 219 1974
The regular meeting of the Board of Directors of the Truckee-Donner
Public Utility District was called to order by the president at 8 : 00
p.m. in the conference room of the District. The President announced
that prior to the opening of the regular meeting , an executive session
was held to discuss administrative salaries . Nothing was decided and
further consideration will be at the next regular meeting.
ROLL CALL: J. Craig, present ; D. Anderson, present ; P. Sutton,
present ; R. Anderson, present ; R. Waters , present.
EMPLOYEES PRESENT: Paulus , Kinzie , Krajewski , Grow and Silva
GUESTS PRESENT: Martin McDonough, Harold Heidrick, Fred Damavandi ,
Ma*rey Fish, John Stralla, George Bryson, Fosten Wilson,
Joe Joynt, Charles Doskow.
MINUTES OF MAY 72' 1974
The president asked if there were any additions , corrections , or
omissions to the minutes of May 7, 1974. It was moved by Director
R. Anderson and seconded by Director D. Anderson that, the minutes be
approved as written. All aye; motion carried.
BILLS FOR BOARD' S APPROVAL
The Board members questioned the various bills for professional fees .
It was moved by Director Craig and seconded by Director R. Anderson
that the bills be paid. All aye; motion carried.
Director Sutton asked for either written correspondence on the ground
water study being conducted by Dr. John Sharp of Hydro-Search or a
presentation by Dr. Sharp at a board meeting. She was not on the
board at the time the study was authorized and desired information on
�--- the study.
DART POWER AGREEMENT
The Dart power agreement was discussed; a copy of which is attached
as part of the minutes. Director Craig asked Hal Heidrick if there
would be a guarantee or warranty for the electric line construction
done by the contractor. Mr. Heidrick stated that the plans and
specifications will be approved by the District and construction will
be approved by the District . Mr. Heidrick said that he had never heard
of a warranty on electric line construction.
Director Craig asked if Dart representatives objected to P.U.C. General
Order 128 regarding underground rules to be added to the contract
under construction specifications . Dart had no objections to this and
it was added to the contract.
Director Craig asked if the cost for inspection normally is limited
to one percent of the total cost of construction. Hal Heidrick was not
sure of that.
Director Craig asked if the materials that are to be given to Dart
for construction has been determined. Mr. Paulus informed him that
it had not as he was waiting to have Harold Heidrick determine what
""' would be needed for the Donner Lake line that is to be rebuilt this
summer. The contract states that an inventory would be taken and
delivered to Dart which has not been done. It was decided to delete
this requirement.
Discussion on adding a warranty to the contract continued. Martin
McDonough suggested adding a sentence to the effect, 'All contracts
entered into by Dart for such construction will name the district as
the third party beneficiery. ' This would include labor and materials .
However, it was decided to omit this from the contract on the advice
from the District' s electrical consultant , Hal Heidrick.
It was moved by Director R. Anderson and seconded by Director D. Ander-
son that Resolution 7402 be adopted which allows for the execution of
the Dart Electric Agreement. ROLL CALL: J. Craig, aye; D. Anderson,
9
Dart Power Agreement . . . continued
aye; P. Sutton, aye; R. Anderson, aye; R. Waters , aye. So moved.
Director Sutton asked Attorney McDonough to bring the board up on the
suit regarding the Donner Lake intake. Mr. McDonough stated that the
District has applied to the State Lands Commission for a permit on the
Donner Lake intake facilities . This application was filed last
October. Jones and Stokes was retained by the District and Dart to
do an environmental report on the intake facilities to accompany the
application to the State Lands Commission; the first draft was
completed on December b. The State Lands Commission after this
started their own report and required Jones and STokes to revise
portions of their December b report. The final draft report, accord-
ing to Mr. McDonough, has been being put off for several months.
However, when it is finalized, a copy will be sent to all interested
agencies for comment and made available for public inspection and review
for a period of sixty days . After this , a public hearing will be
held on the report. The public hearing will be conducted by the State
Lands Commission. Subsequent to this , a final report will be made by
the State Lands Commission having a 30-day waiting period before any
action can be taken by the Commission on the application. Director
Sutton asked if the board members are expected to read the draft from
Jones and Stokes , since they were engaged by the District, and comment
on errors or misleading information. Mr. McDonough stated that the
board may make comments at any time during the preparation. Any
changes in the environmental report have to be approved by the State
Lands Commission. Director Sutton asked Questions of Mr. McDonough
on the Memorandum of Understanding between Dart, the District,
Attorney General ' s Office , State Lands Commission and State Water
Resources Board.
P.U. C. EXAMINER' S REPORT
Harold Heidrick presented a report on his examination of the district ,
according to provisions outlined in the Public Utilities Code . A
copy of this report is on file in the district office for public Moon"
review. His overall account of the district is that there are
areas that need improvement such as updating of operations (i . e. :
billing machine and warehouse/garage) . Other suggestions included:
written rather than oral reports from the auditor and manager,
shortening the length of the Board minutes , setting forth written
policies of the district , policies on emergency procedures , shift-
ing some of the workload from the manager to superintendent, keeping
a record of complaints on file in the District office , cease to
number poles as they are installed, and recommendations on correc-
tion of deficiencies in the electric system. He also recommended
fixing a hole in the bottom of a redwood water tank located at the
forest service. However, his total picture of the operation was that
the district is doing very well .
Director Sutton Questioned the rate increase last February which
resulted in the biggest profit in years . She also Questioned the
proposed 4% increase for 1974. Mr. Heidrick recommended waiting
until after the F. P. C. has made their decision on S.P.P.Co' s 150
increase to decide if the rates will need to be increased this year.
Mr. Paulus presented a brochure on a 2-ton service truck with four-
wheel drive, which would cost $21, 000. Mr. Paulus also proposed
installing an auger on the District ' s boom truck purchased in 1972.
Mr. Heidrick said the proposal sounded worth looking into and stated
the district does not need two heavy vehicles as it would increase
maintenance costs . Discussion on this was tabled until the next
regular meeting so that Employee Wage and Benefit Discussion could
be continued.
EMPLOYEE WAGE AND BENEFIT DISCUSSION
The board and union agreed to the benefit terms for the 1974 contract
but the employees desire the same percentage wage increase as Sierra
Pacific. Mr. Stralla stated that otherwise next year the employees
would be requesting wage increases to equal Sierra Pacific' s if their
increase is lower than Sierra Pacific' s .
Page Two - May 21 , 1974 ��
Employee Wage and Benefit Discussion . . . continued
The board decided not to grant any increase over 72% at this time ;
and if Sierra Pacific ' s increase is greater than 72% , it will have to
be discussed and negotiated at the next board meeting.
Director R. Anderson asked that the new classification, Part-time Laborer,
be required to have a valid California driver' s license as do the other
classifications of this nature.
The other agenda items were tabled until the next regular meeting due
to the hour of the night .
President Waters asked what happened on the 2500 KVA substation trans-
former. Mr. Paulus informed the board that a bid from Westinghouse
in the amount of $13, 694 arrived in the mail the day following the
bid opening. General Electric told Mr. Paulus that this was a good
price and also recommended that the district purchase the transformer
from Westinghouse. Delivery is 48 weeks after receipt of order and
prices are firm except for insulating oil . It was moved by Director
R. Anderson and seconded by P. Sutton that management be authorized
to purchase a 2500 KVA transformer according to Harold Heidrick' s
recommendation. All aye; motion carried.
A summons was received today at 7 : 00 p.m, on the W. River Street
mobile home park from Wally Stevens representing Adele Jones . The
suit is asking $300, 000 total ; $100 , 000 each for Adele Jones and
Arthur Rich for general damages and $50 , 000 punitive damage each.
Mr. Paulus brought up a requirement in the Mutual Assistance Agree-
ment concerning insurance. The agreement presently states that an
insurance policy will be maintained by both parties against any loss ,
damage, expense, or liability arising out of furnishing aid. Nothing
was decided on this and the matter was tabled until the next regular
meeting where it will be discussed again.
The Sanitary District has written and is interested in attending a
meeting with the PUD on a merger study. President Waters informed
the board that he would discuss this with the Sanitary District and
have them pick a date for the meeting.
There being no further business to come before the board, it was
moved by Director John Craig and seconded by Director R. Anderson
that the meeting be adjourned. All aye ; so moved
The regular meeting of the Board of Directors was adjourned by Presi-
dent Waters at 12 : 05 a.m.
i
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
BY:
ROY ATE ESIDENT OF THE BOARD
45
MERRILYN INZIE, RE ORDING SECRET
Page Three - May 21 , 1974
RESOLUTION 74_U
of the
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
APPROVING AND AUTHORIZING EXECUTION OF 1974
TAHOE DONNER ELECTRIC POWER LINE AGREEMENT
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE TRUCKEE-DONNER
PUBLIC UTILITY DISTRICT AS FOLLOWS:
1. That said Board of Directors does hereby approve the
terms , conditions , and provisions of said Agreement between
Truckee-Donner Public Utility District and Dart Industries , Inc. ,
regarding electrical power service for Tahoe Donner Development,
as more particularly shown in Exhibit "A" attached hereto, and
the president and secretary respectively of the Board of
Directors of this District shall be and they are each hereby
authorized and directed to execute said Agreement for and on
behalf of the District.
Passed and adopted at a regular meeting of the Board of
Directors of the Truckee-Donner Public Utility District duly
called and held in said District on the 21st day of May ,
1974 , by the following roll call vote :
AYES: J. Craig D. Anderson P. Sutton
R. Anderson R. Waters NOES: None ,
ABSENT: None
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
BY:
Pres nt of t e Board
ATTE T:
9
1974 TAHOE DONNER ELECTRIC
POWER LINE AGREEMENT
AGREEMENT made this 2=st day of May, 1974, by and between
Truckee-Donner Public Utility District , a local public agency of
the State of California, hereinafter referred to as "District'
and Dart Industries Inc. , a Delaware corporation, hereinafter
referred to as "Dart" .
WITNESSETH:
WHEREAS the District and Dart' s predecessor, Lakeworld
Development Company, on June 1 , 1970 , entered into an "AGREEMENT
BETWEEN TRUCKEE-DONNER AND THE LAKEWORLD DEVELOPMENT COMPANY
RESPECTING ELECTRIC POWER SERVICE FOR TAHOE NORTHWOODS DEVELOP-
MENT" which agreement was recorded June 19 , 1970 , in Volume 516 ,
page
356 of the Official Records of Nevada County, California, and
WHEREAS Dart on February 23 , 1971 , having purchased the
development ment which was the subject of said Agreement (and changed
the name thereof to "Tahoe Donner" , which is referred to herein as
the project") accepted the assignment thereof from Lakeworld, and
'� ect"
assumed all
Lakeworld' s obligations thereunder, which assignment
and assumption were consented to by the District , and
WHEREAS said Agreement remains in effect , and the parties
-wish to revise it to fundamentally alter the obligations of each
with respect i h to electric power line construction in the Tahoe
Donner Development .
NOW TH
EREFORE,, in consideration of the mutual promises herein
contained, and intending
din to be legally bound, the parties hereto do
V .
-1-
qP '
covenant, contract and agree as follows :
ONE. Dart will construct , at its own expense , all as yet
unconstructed electric power 12470/7200 volt Y primary distribu-
tion lines through the project. Such construction shall consist
of clearing , pole installation and installation of primary dis-
tribution lines .
TWO. Dart and the District will jointly (and already have
'n part) cause a qualified independent engineering firm to design
i
sa
id distribution lines . The cost of such design will be borne
by
Dart. Said system, as designed, will be reviewed by the District
within fifteen (15) days of its submission, and the District will
may ke ever effort to expedite such review and its approval of the
design.
THREE. The speci
fication for said system shall be in accord-
ance with Rural Electrification Administration standards and shall
meet
the requirements of California P.U. C . General Order 95 and
General Order 128 where applicable.
FOUR. The District shall inspect the construction of each
phase of the main distribution line to assure itself that the
works are installed in accordance with the approved plans an
specifications . . The District shall notify Dart in writing as to
any deviation
or failure to construct pursuant to the approved
p
plans
and specifications , and Dart shall correct such deviation
or failure promptly. Prom tl upon completion of installation of the works
of each phase
in accordance with the approved plans and specifi-
cations , the
District shall notify Dart in writing of the District ' s
acceptance of construction of said phase .
FIVE.E Upon inspection of any part of the system, and
p
. - 2-
acceptance thereof by the District , all title of Dart in such
part of the system shall be conveyed to District , and the Dis-
trict will assume all responsibility for future inspection,
repair and maintenance of the system, and shall be forever
thereafter responsible therefor.
SIX Dart will compensate the District for its cost of
inspection of the system at the Districts established, then-
existing rate. In no event shall the total amount charged for
such inspections exceed one percent (1%) of the total cost of
construction to Dart .
SEVEN. The District will pay to Dart , simultaneously with
the execution of this agreement , all funds in the interest-bear-
ing trust account previously established to receive funds paid
by Dart under the prior Agreement , which amounts at the date
hereof to $52 , 513 , which funds have heretofore been paid to the
District under the Agreement and not expended by the District .
EIGHT. The District will deliver and convey to Dart , with-
out charge , all power poles (approximately 140 in number) and all
overhead type cable and pole furniture acquired by and delivered
to the District for installation at Tahoe Donner and not yet
installed.
NINE. The District will pay Dart upon execution of this
agreement , the sum of Seven Thousand Three Hundred Eighty Nine
Dollars and Eighty Four Cents ($7 , 389 . 84) , which represents
interest earned by the District during the term of the prior
Agreement in the Trust Account referred. to in paragraph SEVEN
while such funds remained unexpended.
TEN. The District will do all necessary hookups of elec-
tric service to distribution lines within the project , and pro-
vide and install (without charge to Dart) all necessary 120/240
volt secondary conductors , services , transformers , and meters .
The District may charge residents of the project its usual fee
it
}
for hookup service.
ELEVEN. Hookups to completed and inspected buildings will
be performed within seven (7) days after receipt of written
request therefor absent extenuating circumstances . The
District acknowledges that any pattern of delay in such hookups
may cause damage to Dart , by reason of delay in closing house
contracts , and customer dissatisfaction.
TWELVE. The District will assign to Dart all rights deriv-
ing from any existing undertaking of Pacific Telephone Company.
The letter of the Telephone Company to the District dated April 4 ,
1973, is appended hereto as Exhibit A.
THIRTEEN. Dart may, at its own expense , cause the books and
records of the District to be audited to assure that the account-
ing of the District under the prior Agreement has met acceptable
standards. The amounts specified in paragraphs SEVEN and NINE
are expressly made subject to such audit.
FOURTEEN. The District acknowledges that all construction
required to be performed by Dart under the prior agreement has
been satisfactorily performed and accepted ; that Dart has made all
payments required to be made thereunder and is without obligation
to make any further payments of any kind or nature in connection
with that agreement. Such construction may be modified by the
District as required for connection with lines to be built under
this Agreement, or for any other reason.
,. -4-
' .
FIFTEEN. Notices or requests from either party to the other
shall be in writing and shall be delivered or mailed, postage
prepaid to the following address , or any change thereof of which
i
the other party is given notice , and shall be effective upon
delivery or upon mailing to Dart :
Dart Resorts
4676 Admiralty Way
Marina del Rey, California 90291
Attention: President
to the District:
Truckee-Donner Public Utility District
Truckee , California 9S734
SIXTEEN. This agreement shall be binding upon and inure to
the benefit of the successors and assigns of both parties. Dart
shall not assign any of its rights , duties or obligations under
this agreement without the prior written consent of the District ,
which consent shall not be unreasonably withheld.
SEVENTEEN. From time to time when requested by Dart as to a
particular unit of the project , the District shall give assurances
of electric service to such unit by the District in accordance with
this agreement which are necessary in connection with the following :
(a) The obtaining by Dart of final public reports from the
State of California Real Estate Commissioner for such unit .
(b) Any other approvals by governmental agencies required
in order to allow Dart to subdivide the land in said unit and
sell the subdivided lots and parcels thereof.
(c) Any assurances required by private contractors or Dart
purchasers or prospective purchasers .
EIGHTEEN. Nothing herein contained shall be deemed to limit ,
restrict, or modify any right , duty or obligation given, granted
or imposed upon the District by the laws of the State of California
�, _ S_
now in effect , or hereafter adopted, nor to limit or restrict the
E'
power or authority of the District, including the enactment of any
rules , regulations , resolutions , or ordinances , including without
limitation creation of service zones and rate differentials appli-
cable within the project area which may n6t be applicable else-
where.
NINETEEN. To the extent that Dart retains ownership of any
lots to which electric service is available , it shall pay the
same rates , tolls , and charges levied by the District as any
other lot owner.
TWENTY. This agreement supersedes in its entirety the prior
Agreement and al.l .other agreements written or oral between the
part:i:Q�1*sy., with r-espect to the subject matter hereof. Each party
shall be--withoti`t"-further ..liability to the other with respect to
electric power distribution lines , except as expressly provided
herein.
TWENTY-ONE. The execution and delivery of this Agreement ,
and all acts to be performed hereunder, have been duly and law-
fully approved by the District by resolution appended hereto as
Exhlit B and properly authorized by Dart.
IN WITNESS WHEREOF the parties hereto have this day set their
respective hands and seals by their representatives there unto duly
authorized.
PART INDUSTRIES INC .
(SEAL)
By
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
(SEAL)
By
6
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF NEVADA
On this 22nd day of May 1974 , before me
Gloria A. Ratto personally appeared Roy
Waters and E. T. Paulus known to me F
i
to be the President and Secretary of the Truckee-Donner
' Public Utility District that executed the within instrument
and acknowledged to me that such District executed the same.
11111111/11MIMI404AMM100131s►its cp,t,"
OFFICIAL SEAL F
GiLQRlA A. RATTO
Notary public, state of Ca#ifomia
pri*e-pal Office in Neveds County
,may ComYnission Exp1ms 9yip 30, 1977
!it til,i►i111111111111136Imis111311511[plir ms4it'ne4ItItOtto11Pi1111i1Ei11111111111/Ii
STATE OF CALIFORNIA
COUNTY OF
On this day of , 1974 , before me
, personally appeared
..- and known to me
to be the of the corporation that executed
the within instrument and acknowledged to me that such
corporation executed the same.
I �
EXHIBIT "A"
E
THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY
South Lake Tahoe, April 4, 1973
Truckee Public Utility District
P. 0. Box 308
Truckee, California 95734
Attention: Ken Krajewski
This is to confirm our conversation pertaining to pole
setting in the TPUD boundary.
The Pacific Telephone Company will attempt to set 40%
of total poles used jointly by TPUD and Pacific
Telephone Company projected for 1973. The Pacific
Telephone Company Will also meet any prior commitment
agreed upon between TPUD and Pacific Telephone Company.
Yours v ry truly,
Se for Enginee
Y. 0. Box EN
South Lake shoe, Calif* 9 570 5
•y
STATEMENT OF GENERAL FUND
Bank Balance - 5-2-74 682696 . 39
Deposits 709325 . 82
Approved Billings 100 , 257 . 85
Graybar brady markers 82 .31
Discounts (• 53)
IBEW union dues 83. 50
R. P. Lewis 40. 00
Petty Cash 40. 80 (100 , 503. 93)
PAYROLL
5-15-74 DT OT STANDBY GROSS NET
Paulus 750. 00 547 . 22
Straub 8. 70 116. 00 661 . 20 464 . 11
Silva 629 . 20 494. 20
Grow 4. 99 590. 19 454. 16
Reynolds 585 . 20 449 . 52
i Lopez 585. 20 415 . 02
Sharp 65. 93 581 . 61 419 . 57
Krajewski 575 . 00 432 . 31
Drace 14. 26 432 . 26 328 . 15
Connell 421 . 52 299 . 04
Barry 3. 33 393. 17 321 . 34
Craig 13. 96 341. 32 255. 34
Kinzie 28. 98 312 . 34 248 . 45
Kirchner 268 . 40 194 . 72
Rose 72 . 00 64. 67 (5 ,387 . 82)
17198 . 61
Bank Balance - 5-20-74 333,130. 46
BILLS FOR BOARD' S APPROVAL
Directors 500. 00
,,.., George Cattan 258. 75
Paulus Chamberlain Jan. & Feb . billing 519 . 23
Cook Associates all T.D. , except $418 11,701 . 50
Tom Paulus 3 lunches 7 . 21
Alexander Grant dep. & accounting 2 , 000. 00
Bruning Division map copier 31. 80
Electrical Const. subscription 7 . 00
Sunrise Lab water tests 11 . 00
RTE tfr. Bushings 42 .61
R. G.autsche gas 7 . 30
Sangamo 80 electric meters 19539. 97
Nevada Safety Supply ear muffs 23. 44
NCR billing machine tape 14. 01
P.U.C. underground specs 5. 00
Hydro Search, Inc. water study 1 ,917 . 01
Gordon H. Huber Co. copy machine 104. 34
Brown-Milbery rewind motor 127 . 40
Fibreboard meter test room 616 . 65
M. McDonough legal 19893. 56
Maydwell & Hartzell fuses 30. 74
Northwest Public Power book 2 . 50
Utility Body ladder truck 45 . 05
Pacific Telephone pole attachments 186 . 25
Graybar guy wire 1 , 849 . 58
Atlantic Richfield gas & diesel 377. 63
Anixter Pruzan bolts & brackets 695 .12
General Electric coffee pot 15 . 37
Delta Lines 43. 50
Bancroft-Whitney utility codes 15 . 75 (14, 589 . 27)
Bank Balance after payment of above 18 , 541. 19
i