HomeMy WebLinkAbout1974-08-20 Min - Board AUGUST 20 , 1974
The regular meeting of the Board of Directors of the Truckee-Donner
Public Utility District was called to order by President Waters at
7: 30 p.m. in the conference room.
ROLL CALL: J. Craig, present; D. Anderson, absent, arrived approx-
imately 30 minutes late ; P. Sutton, absent, arrived 5
minutes late; R. Anderson, present ; R. Waters , present .
EMPLOYEES PRESENT: Cash, Kinzie
r-- OTHERS PRESENT : District Counsel Joe Joynt , Consultant Dan Cook,
Attorney Ed Ness (representing the firm of Sturgis , Den-
Dulk, Douglass , and. Anderson) , Fosten Wilson, Royna Craig,
Sierra Sun Reporter Arthur Broughton, Rob Rosenburg,
Mark Stirling.
MINUTES OF AUGUST 6, 1974
It was moved by Director R. Anderson and seconded by Director Craig
that the minutes of August 6 , 1974, be approved as written. ROLL
CALL: J. Craig, aye; D. ' Anderson, absent ; P. Sutton, absent; R.
Waters , aye; R. Anderson, aye.
BILLS FOR BOARD' S APPROVAL
The manager commented on several bills listed for board' s approval .
The Cal-Western Bill in the amount of $1 , 027 . 53 is the one delayed
from the last board meeting regarding Mr. Paulus ' retirement payment .
A portion of the Cook Associates bill was charged to Dart Resorts ;
$1, 894. 15 out of the total $3 ,340 . 86 billed. The , Hydro-Search study
is 70% completed. Mr. Cash said that if the project cost continues
at the same rate as is currently being billed, the project will cost
in excess of $23 , 000 . The Supplemental Water Agreement with Dart
Resorts states that Dart will only pay a maximum of $20 ,000 for the
project. The Directors requested a copy of Dr. John Sharp' s contract
to do the groundwater study. Various other bills were explained upon
request by the directors .
It was moved by Director Craig and seconded by Director R. Anderson
that all bills listed for board's approval be paid. ROLL CALL: J.
Craig, aye; D. Anderson, absent; P. Sutton, no; R. An erson, aye;
R. Waters , aye. So moved.
Mr. Joynt announced that he received correspondence from Tom Paulus
stating Mr. Paulus was going to present a claim for additonal vacation
pay.
PUBLIC HEARING ON DONNER LAKE E. I .R.
The manager presented the board with copies of the most recent draft
environmental impact report regarding lease of State land and diversion
of Donner Lake water. Mr. Cash said he has been told a public hearing
on the EIR is informally scheduled for September 24 , but has received
no formal notice of this . He believed. the hearing would be held in
Truckee at the school . The directors asked that Mr. Cash write the
State Lands Commission requesting notification of the hearing and to
be kept informed of upcoming events regarding the EIR.
WEST RIVER STREET ASSESSMENT DISTRICT PROCEDURE
Ed Ness and Dan Cook were present at the meeting to discuss the necessary_
procedures in the formation of the W. River Street Assessment district ,
Mr. Ness reviewed the steps that have to be taken which information
was given to the directors in memorandum form. Nevada County Board of
Supervisors is scheduled on August 27 to grant the PUT) jurisdiction to
form this assessment district. Part of the procedure in forming the
assessment district is entering into a contract with Mr. Ness and the
Engineer of Work, or Dan Cook. Mrs . Sutton asked who paysfor their
services should the district not be formed. According to the contracts
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with these people, should the assessment district formation fail , the
attorney and engineer do not bill the district for work performed to
that point.
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W. River Street . . . continued
An adjourned meeting is scheduled for Thursday, August 29 so that the
engineer' s report can be filed, call for bids authorized, and a date
set for a public hearing.
Mr. Ness discussed the type of bonds that will be used. They are
the 1915 Act Bonds which requires all property in the assessment
district to be assessed if it has benefit. The bonds are secured by
redemption funds by the district. Semi-annually, property owners in
the Assessment District are billed by the County on the tax bill and
collected by the County. The funds collected are remitted to the
district and held until remitted to the Bond Holder. In addition to
the assessment on the property as security, these bonds place upon
the district a contingent liability which states if the property owner
does not pay his assessment , then the PUD advances that payment to
the bond holder. The district then has the right to foreclose on
the property. By using 1915 Act Bonds , Mr. Ness said the district
is saving the property owner 5% of the cost of the project . Interest
on the bonds will be computed at 7% which is the maximum allowed by
law. The County is allowed to charge not less than % nor more than
to of the payment due for billing and collection of the assessment .
This charge is against the property owner and not the district .
Under the present time schedule , the bonds will sell after the con-
struction of the project is started and possibly completed. Dan
Cook stated and Ed Ness verified that the bonds can be nre-sold prior
to beginning of construction by getting a committment from a Bond
buyer. Mr. Ness stated he would guarantee that he would present a
prenegotiated agreement with a Bond Buyger by October 1 , 1974, at
which time the Board will be considering the award of the construction
contract.
Resolution 7407 rescinds Resolution 7404 and Resolution of Intention
7404 Amended. These resolutions were passed prematurely and must be
rescinded until additional steps are taken in the formation of ,an assess-
ment district. It was moved by Director D. Anderson and seconded. by
Director Craig that Resolution 7407 be adopted. All aye.
Resolution 7408 approves the boundary map for the W. River Street ---
Assessment District. It was moved by Director R. Anderson and
seconded by Director D. Anderson that Resolution 7408 be approved.
All aye.
Resolution 7409 , Preliminary Determination to Undertake Special
Assessment Proceeding for the Construction of Improvements and
Acquisitions in W. River Street Assessment District , certifies that
petitions have been filed by Dan Cook, that Cook Associates will be the
Engineer of Work, Mr. Ness will be the Bond Counsel, the Assessment
District is that which is shown on the Boundary Map , states what
Act bonds will be issued, etc. It was moved. by Director J. Craig
and seconded by Director R. Anderson that Resolution 7409 be adopted.
All aye; motion carried.
Resolution 7410 names Dan Cook as the Engineer of Work and sets
forth execution of his agreement. This resolution authorizes Dan
Cook to do all work necessary in connection with the assessment dis-
trict including inspection. His fee for this is 13% of the overall
project cost . It was- moved by Director Craig and seconded by Dir-
ector R. Anderson that Resolution 7410 be approved. All aye.
Resolution 7411 appoints the firm of Sturgis , Den-bulk, Douglass ,
and Anderson as Special Bond Counsel and authorizes execution of
their agreement. The fee for Bond Counsel is 30 of the construction
costs. Bond Counsel' s responsibility is to conduct the necessary
assessment district proceedings. There is a maximum $500 out-of-
pocket expense clause in Mr. Ness ' s agreement which covers miscel-
laneous expenses such as transportation, communication, etc. ,
related to the assessment district. It was moved by Director R.
Anderson and seconded by Director Craig that Resolution 7411 be
adopted. All aye.
Resolution 7412 requests jurisdiction from the Board of Supervisors
of Nevada County to form the W. River Street Assessment district .
It was moved by Director Craig and seconded by Director D. Anderson
that Resolution 7412 be adopted. All aye.
Page Two - August 20 , 1974
Page 157
DISCUSSION OF ENVIRONMENTAL IMPACT STATEMENTS
Adoption of the three environmental impact statements was tabled until
Joe Joynt could prepare a Notice of Intent notifying the public of a
special hearing to adopt a negative declaration on the E. I . S. ' s .
The Notice of Intent will be taken care of at the adjourned meeting
of August 29, 1974.
Dan Cook reviewed the environmental impact of the Highway 267 Intertie
in which it was concluded that it had no long-term adverse affect
on the environment. Mr. Cook stated that the traffic interruption
would be the major impact i
of the project which would be for approximately
two weeks while the traffic s disrupted with flagmen at each end of
the construction.
Director Sutton questioned the environmental assessments for the W.
River Street Assessment district project and the Armstrong Tank project.
DISCUSSION WITH AUDITORS
It was not possible for the representative of the auditing firm to
be present at the meeting. His earliest possible time to meet with
the Board is September 3, 1974. Discussion was tabled until September
3.
DISTRICT COUNSEL REPORTS
Grant of Easement to Forest Service
The U. S. Forest Service is requesting a grant of easement from the
District for their construction of a pipeline. Chairman Waters
asked if the grant of easement could be postponed until after the
Forest Service grants the district an easement to construct the
Armstrong Tank on Forest Service property. The manager thought that
the easement for the Armstrong tank cannot be granted until after a
negative environmental impact declaration is made on the Armstrong
project. The directors decided to table this matter until the next
meeting. Mr. Waters Questioned why a negative declaration does not
have to be filed on the Forest Service ' s pipeline construction project.
Miscellaneous
The Southern Pacific easement fee of $100 which was discussed at
previous meetings is a one-time fee and no an annual charge.
The manager was instructed to find out who owns the well drilling_
equipment that was left after construction of the Southside well last
summer.
MANAGER' S REPORTS
Recommended Check Signing Procedure
The Manager discussed the suggested check-signing procedure that the
board could follow for the checks written prior to board approval .
A copy of his memorandum to the directors dated August 13, 1974, is
attached as part of the minutes .
Dispursement of the petty cash fund was discussed. The directors
wished to have a policy established stating the types of expenses
petty cash is used for, controls , and limits . It was decided to add
this task to the list of things to be done by the permanent manager.
John Craig moved and Rex Anderson seconded that the check-signing
procedure outlined in the Manager' s Memorandum dated August 13 , 1974 , be
adopted as a policy of the district. All aye ; motion carried.
Discussion of Manager Recruitment Program
The manager reported that as of the closing date for receipt of appli-
cations for the position of permanent manager, 31 applications had
been received. Out of the total received, 6 or 7 appear to be well-
qualified.
Page Three - August 20 1974
Page 158
Discussion of Tahoe Donner Electric Line Construction and Inspection
A memorandum was prepared and sent to the directors regarding the line
construction and inspection of power lines in Tahoe Donner Subdivision.
A copy of that memorandum is attached as part of the minutes . Con-
struction maps are available for board review in the district office .
Inspection is being made by various employees . The materials are
reviewed and inspected by Bruce Grow as it arrives . The line crew and
Ken Krajewski are involved in inspection of the line construction as
it is being done. The time involved for inspection is billed to
Tahoe Donner. The manager is presently reviewing the hourly rate for
inspection to see if it is adequate. Mr. Cash estimated the cost
should be the hourly rate for the employee plus approximately 400
for fringe benefits , vehicle charge , and administrative charge,
The present rate is $8 . 50 per hour and Mr. Cash thought it should
be closer to $11 or $12 hourly; however , the amount will be verified.
The electric contract specifies that to of the project cost will
be spent on inspection. Director Craig wondered how this fits into
the amount billed to date and for the future. Harold Heidrick is
responsible for the final inspection of the power lines.
Miscellaneous
The Public Utilities Commission has released a notice stating that
the mandatory energy curtailment for outdoor, decorative and other
related lighting is temporarily suspended. Therefore , the Tinker
Belles Garden Club can be allowed to light the Donner Memorial after
completion of the work.
A decision has been reached by the Federal Power Commission regarding
the Sierra Pacific Power Company rate increase. This decision will
be final providing Sierra Pacific does not file an appeal . The
increase granted by the FPC is lower than that requested by Sierra
Pacific and any amounts due the district will wait until final
action is taken.
Mr. Cash has received correspondence from the district 's insurance
company regarding bond insurance for the employees . Mr. Cash said
he would have copies made for the directors .
Mr. Cash announced that he is responsible for collecting $10 from
each director for the employee' s picnic on September 7, 1974.
Mr. Cash has received from the Nevada County Auditor the current
assessed value of the district which is $33,655 ,180.
Mr. Cash distributed copies of his memorandum to the directors dated
August 20 regarding the lighting of the Tennis Courts at Tahoe Truckee
High School. A copy of this is attached as part of the minutes . The
District ' s original obligation was only to supply metered power to
the lights free of charge. Mr. Cash recommended assisting the School
District in the installation of the lighting as it will be underground
and require a backhoe and boom truck. The method of lighting the
tennis courts was discussed. It was moved by Director Craig and sec-
onded by Director R. Anderson that the Tennis Court project be com-
pleted as outlined in the memorandum from the manager dated August 20
as soon as the Tinker Belle project is completed. There would not be
any cost to the Court User for the electricity. The majority of the
directors were in favor of this .
Director Craig asked when a trench caused by the PTJD would be repaired
on the corner of Lockwood Drive and -Alder Road in Prosser Heights .
The manager said he would look into the problem. j
Director Sutton said that the district should obtain competitive pro-
posals for the paving of the district road work. The possibility of
renting the equipment and having district employees do the work was
discussed. However, it was agreed that the work should be done by a
licensed contractor.
Director Sutton questioned the sand in the water line in the Donner
Trails-Gateway area. The manager reported that the relay went out on
the Donner Creek well and the system went dry. The water service
was restored by feeding the system from three directions which stirred
up sediment in the pipeline. The only means to get this out is to
flush the hydrants and the various individual services affected.
Page Four August 20 , 1974
Page 159
Mr. Roy Waters read a letter of resignation from Director Duane Anderson.
A copy of Nor. Anderson' s letter is attached as part of the minutes .
His resignation -is effective August 31 , 1974. Mr. Anderson' s reason
for resigning is that he no longer will make Nevada County his princi-
pal place of residence. Director Sutton moved that the deadline for
applicants to fill the vacancy on the board be September 17, 1974.
Seconded by Director D. Anderson. ROLL CALL: J. Craig, ayes D. Ander-
son, aye; P. Sutton, aye; R. Anderson, aye ; R. Waters , no.
There being no further business to come before the board, it was
moved by Director D. Anderson that the meeting adjourn to executive
row- session for the purpose of reviewing applications for the position
of Permanent manager. Seconded by J. Craig. So moved,
The regular meeting of the Board of Directors was adjourned until
August 29. 1974.
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
By:
Roy Waters , Presi ent of the Boar
Mertilllyn Kin lie, Recotding Secretary
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Page Five - August 20, 1974
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Page 160
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RESOLUTION No, 7407
RESOLUTION RESCINDING RESOLUTION NO. 74-04 AND RESOLUTION
OF INTENTION NO. 74-041 AMENDED, WEST RIVER STREET ASSESSMENT
DISTRICT, TRUCKEE-DONNER PUBLIC -UTILITY DISTRICT, COUNTY OF
NEVADA, STATE OF CALIFORNIA
BE IT RESOLVED by the Board of Directors of the Truckee-
Donner Public Utility District, Nevada County, California, that
Resolution No. 74-04, adopted by the Board of Directors- on the
2nd day of July, 1974 , and Resolution of Intention No. 74-04 , Amended,
adopted by the Board of Directors on the 6th day of August, 1974,
for the West River Street Assessment District, Truckee-Donner Public
Utility District, Nevada County, California, be, and they are hereby,
rescinded.
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 2'Gth day of` Aug�'st, 1974, by the following
roll call vote:
AYES: J. Craig D.n. Anderson , P. Sutton
R. Anderson R. eaters
NOES: _..�t,Qn��_ •
ABSENT: None
TRUCKEE-DOWNER PUBLIC UTILITY DISTRICT
01
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By - y.
Ago*- Roy Watevsl,, President of the Board
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ATTEST:
erk her o
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Page 161
RESOLUTION NO. 7408
RESOLUTION APPROVING BOUNDARY MAP
WHEREAS, there has been filed with the Clerk of the Truckee-
Donner Public Utility District, Nevada County, California, a map showing
the proposed boundaries of West River Street Assessment District,
Truckee-Donner Public Utility District, Nevada County, California.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of
the Truckee-Donner Public Utility District, Nevada County, California,
that the snap entitled, "Proposed Boundaries of West River Street
Assessment District, Truckee-Donner Public Utility District, Nevada
County, California, " is hereby approved.
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 20th day of August, 1974, by the following
roll call vote:
AYES: J. Craig D. Anderson , P. Sutton
R. Anderson , R. Waters
NOES: None ,
ABSENT: None
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TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
By
Roy Waters, resident of the Board
.,, ATTEST:
.00
.Clerk Th r of
I INA
Page 162
C E R T I F I C A T E
The undersigned hereby certifies:
That upon examination of the signatures of the petition
on file with the Clerk of the Truckee-Donner Public Utility District,
Nevada County, California, the undersigned found said petition
to be signed by the owners of more than sixty per cent (60%) of
the area of the property shown upon that certain map which is
on file in the office of the Clerk of the Truckee-Donner Public
Utility District, and designated, "Proposed Boundaries of West
River Street Assessment District, Truckee-Donner Public Utility
District, Nevada County, California. "
Dated: August 20, 1974.
COOK ASSOCIATES
BY
Page 163
RESOLUTION NO. 7409 .
RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE
SPECIAL ASSESSMENT PROCEEDINGS FOR THE CONSTRUCTION OF
IMPROVEMENTS AND ACQUISITIONS IN WEST RIVER STREET
ASSESSMENT DISTRICT, TRUCKEE-DONNER PUBLIC UTILITY
DISTRICT, NEVADA COUNTY, CALIFORNIA
BE IT RESOLVED by the Board of Directors of the Truckee-
Donner Public Utility District, Nevada County, California, as
follows:
1. Petition for the improvements and acquisitions by
special assessment proceedings within the boundaries of the map
designated, "Proposed Boundaries of West River Street Assessment
District, Truckee-Donner Public Utility District, Nevada County,
California, " which said map is on file in the office of the Clerk
of the Truckee-Donner Public Utility District, is incorporated
herein by this reference as though fully set forth herein.
2. The Certificate of Cook Associates dated the 20th day
of August, 1974, certifying that the petition hereinabove referred
to was signed by the owners of more than sixty per cent (60%)
of the area of the property described in said petition, is incor-
porated herein by this reference as though fully set forth herein.
3. It is hereby ordered and determined that the terms
and conditions of said petition heretofore incorporated herein
be, and they are hereby accepted; that the improvements and acquis-
itions shall be made in accordance with the terms of said peti-
tion; that the assessment district proceedings shall be instituted
and carried through in accordance with the terms of said petition.
4. It is hereby found, determined and ordered that Cook
Associates shall be Engineer of Work in accordance with the terms
and conditions of the contract to be entered into. It is further
..1_
NAL
Page 165
ordered - that STURGIS, DEN-DULK, DOUGLASS & ANDERSON, Attorneys
at Law, Oakland, California, shall be Special Bond Counsel to
prepare all proceedings in accordance with the terms and condi-
tions of the contract to be entered into.
5. That the public interest and convenience will be served
by the taking of special assessment proceedings for the improvements
and acquisitions set forth in said petition. The cost and expen-
ses thereof should be borne by a district benefited by said improve-
ments and acquisitions. Said district shall be known and desig-
nated as Vest River Street Assessment District, Truckee-Donner Public
Utility District, Nevada County, California.
6. The district which shall bear the cost and expenses
of said improvements and acquisitions, including all incidental
expenses, and which is to be assessed to pay for the cost of said
improvements and acquisitions is that district shown on a map
which is on file in the office of the Clerk of the Truckee-Donner
Public Utility District, Nevada County, which is designated, "Proposed
Boundaries of West River Street Assessment District, Truckee-Donner
Public Utility District, Nevada County, California. "
7. Said special assessment proceedings are to be taken
under the provisions of the Municipal Improvement Act of 1913
with bonds to be issued under the provisions of the Improvement
Bond Act of 1915.
8. The owners of property within the boundaries of said
proposed district have waived all proceedings under the Special
Assessment Investigation, Limitation and Majority Protest Act
of 1931, and it is therefore ordered and determined that the pro-
visions of said Act shall not apply to these proceedings.
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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 �2-Oth day of�Augumt, 1974, by the following
roll call vote
AYES: J. Craig__ _ n. Anderson � P Sutton
R. Anderson . _ R. Waters NOES: None-
ABSENT: None
• TRUCKEE-DONN PUBLIC UTILITY DISTRICT
By
Roy Water , resident of the Board
ATTEST:
C erk e e
Re's
Page 165-B
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RESOLUTION NO. 7410
RESOLUTION APPOINTING ENGINEER OF WORK AND AUTHORIZING
EXECUTION OF AGREEMENT
BE IT RESOLVED by the Board of Directors of the Truckee-
Donner Public Utility District, Nevada County, California, that
Cook Associates be and they are hereby appointed as Engineer of
Work for the doing of all necessary engineering work and exercis-
ing all of the engineering functions provided for under the pro-
visions of the Municipal Improvement Act of 1913 in connection
with the improvements and acquisitions to be made in proposed
West River Street Assessment District, Truckee-Donner Public
Utility District, Nevada County, California; and
BE IT FURTHER RESOLVED that the employment of the said
Cook Associates shall be as provided in the attached agreement;
and
BE IT FURTHER RESOLVED that the President of the Board
of Directors of the Truckee--Donner Public Utility District be
authorized to sign, and the Clerk thereof be authorized to attest
that certain agreement employing the said Cook Associates as Engin-
eer of Work for said assessment district.
- "� Page 166 r
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 20th day of August, 1974, by the following
roll call vote:
AYES: J. Craig D. Anderson ` P. Sutton
R. Anderson R. Waters
NOES: None ,
None
ABSENT:
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
Imp
By .0'0� -6 /�Z' E JL_
Roy Water resi ent of the Board
ATTEST:
C erk T er of
-2- Pa e 166-A
g
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A G R E E M E N T
THIS AGREEMENT, made and entered into this day of
August, 1974 by and between the Truckee Donner Public Utility District,
a political subdivision of the State of California, hereinafter called
First Party and C00K ASSOCIATES , Engineering Consultants , hereinafter
called Second Party;
W I T N E S S E T H:
That for and in consideration of the mutual covenants and
agreements herein contained, the parties hereto agree as follows :
1. First Party proposes to initiate special assessment
proceedings for the improvements and acquisitions to be made in West
River Street Assessment District, Truckee Donner Public Utility District,
County of Nevada, State of California.
2. First Party employs Second Party as Engineer of work for
the doing of all necessary work and exercising all engineering functions
provided for by the provisions of the Municipal Improvement Act of 1913
in connection with the said improvements and acquisitions to be made in
said district. Said services shall include the following:
a. Doing of all necessary engineering work and
exercising of all engineering functions pro-
vided for under the provisions of the Municipal
Improvement Act of 1913 ;
b. Preparation and furnishing of all surveys, original
drawings, maps and blueprints , plans and specifica-
tions, preparation of assessment roll, assessment
diagram, and any and all other services which may
be' required urder the provisions of the said
Municipal Improvement Act of 1913 ;
C. Supervision and direction of all engineering work
required to be taken by First Party or its Officers ,
agents or employees , in connection with said
improvements. Said duties shall include furnishing ,
on or before the date fixed for filing of the
Engineer 's Report, a list of the names and addresses
of all property owners within the boundaries of the
district as shown on the last equalized roll for
taxes or as known to the Engineer. Said list shall
include coordination of the name and address
with the assessment and diagram number, and the
proper description of the property or the County
Assessor 's parcel number of each lot, piece, or
parcel of land shown on the assessment diagram
when appropriate . •
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Page 167
d. Rendition of general consultation and advice to
First Party, its officers , agents , or employees
with respect to the planning, preparation and
handling of all engineering phases of the afore-
said proceedings ;
e. Attendance at such conferences and public meetings
with First Party as may be reasonably necessary
to perform this contract of employment. '
f. Construction inspection.
g. Righ_t-of-way engineering and assistance in the
acquisition of rights-of-way and/or easements
as may be required .
3. Second Party shall receive compensation for said services
listed as a through f, the amount of thirteen percent
(13J) of the ccst of the construction , for the above services . The
party of the second part shall receive compensation for services rendered
under paragraph g as accumulated at the standard hourly charges listed
on "Exhibit All attached hereto and made a part hereof. The above amounts
shall be paid by First Party out of the proceeds of assessments levied
and bonds to be issued in said proceedings.
4 . In the event said proceedings are not carried through to
conclusion , or shall be abandoned, then Second Party shall receive
nothing.
IN WITNESS WHEREOF , the parties have hereunto subscribed
their names, First Party by the Chairman of its Board of Supervisors ,
attested by its County Clerk , the day and year in this agreement first
above written.
• TRUCKEE DONNER PUBLIC UTILITY DISTRICT ,
a political subdivision of the State
of California
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Chairman, B rd of Directors
ATTEST: "First Party"
M. REX ANDERSON
By
Clerk oa of Directors
COOK AS CIATES , E neering Consultants
By
an J t7
ok
"Second Party" .
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"EXHIBIT A"
k ,
r CODK ASSOCIATES ,- ENGINEERING CONSULTANTS
,•-. STANDARD BILLING RATES
Office Hourly Rate
Principal Engineer - 22,00
Associate Engineer 19,00
Assistant Engineer 16.00
Junior Engineer 13,00
Draftsman 11.50
Engineering Aid 7,50
Clerical - 5,50
Field
Construction
Resident Inspector 16.00
Assistant Inspector 13.00
4 Man Survey Party 50.00
•
3 Man Survey Party 38.00
2 Man Survey Party 28.00
- 1 Man Construction Control 16,00
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Travel in Company Equipment •
} Mileage charge of 150 per mile will be charged for all travel out-
side general area of the work .
Aircraft travel will be charged at the rate of $16 .50 per flying
hour.
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Other Fees
Fees paid by us to consultants will be billed as invoiced to us.
t
Electronic computer services will be billed at cost. Electronic
distance measuring equipment will be billed at cost. Report printing
will be billed at cost.
At the client 's option fees may be determined and fixed as defined in
American. Society of Civil Engineers Manual of Practice 45 .
Supplies
Blueprints, sepias , specifications , surveying stakes , iron pins , flagging,
etc . , will be billed at standard retail prices .
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,�-• Terms
Our standard terms are net 30 days unless otherwise specifically provided
in writing . Interest of 1 1/2f per month will be added to overdue accounts.
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SCHEDULE OF SERVICES AND FEES
WEST RIVER STREET ASSESSMENT DISTRICT
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
COUNTY OF NEVADA , STATE OF CALIFORNIA
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A . Basic Design Services
1. Preliminary or Feasibility Report Phase -------------- 0. 5f
2 . Preliminar t Design Phase ---------------------------- -
3 . Final Design &. Contract Documents--------------------- 4 .0
4. Construction Phase ----------------------------------- 0. 5%
--------------------------------------
B. Construction Staking 1. 5%
C• Resident Engineering &. Inspection Services --------------- 2 . 5%
D. Assessment Proceeding (1915-13 ) -----------_----- ------ 2 .0%
TOTAL----------------------13 .OJ
RESOLUTION NO. 7411
RESOLUTION APPOINTING SPECIAL BOND COUNSEL AND
AUTHORIZING EXECUTION OF AGREEMENT
BE IT RESOLVED by the Board of Directors of the Truckee-
Donner Public Utility District, Nevada County, California, that
STURGIS, DEN-DULK, DOUGLASS & ANDERSON, Attorneys at Law, Oakland,
California, be, and they are hereby, appointed as Special Bond
Counsel to conduct special assessment district proceedings in West
River Street Assessment District, Truckee-Donner Public Utility
District, Nevada County, California; and
BE IT FURTHER RESOLVED that the employment of the said
STURGIS, DEN-DULK, DOUGLASS & ANDERSON shall be as provided in
the attached agreement; and
BE IT FURTHER RESOLVED that the President of the Board of
Directors of the Truckee-Donner Public Utility District be authorized
to sign, and the Clerk thereof be authorized to attest, that certain
agreement employing the said STURGIS, DEN-DULK, DOUGLASS & ANDERSON
as Special Bond Counsel to do and perform the services therein
set forth and upon the compensation therein provided for.
Ur
'1- Page 168
r
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�20th day of--August, 1974, by the following
roll call vote:
AYES: J. Craij , D. Anderson , P. Sutton ,
R. A.ndersol , R. Waters
NOES: None •
ABSENT: None • •
TRUCKEE-DONN PUBLIC UTILITY DISTRICT
Roy Waters , P es ent or- the Board
ATTEST:
C erk Ther f
-1�� 1I ' s jCS. 2 Page 168-A
F
A G R E E M E N T
THIS AGREEMENT, made and entered into this 20th day of
August, 1974, by and between the TRUCKEE-DONNER PUBLIC UTILITY
DISTRICT, a public corporation of the State of California, hereinafter
called First Party, and STURGIS, DEN-DULK, DOUGLASS & ANDERSON,
Attorneys at Law, Special Bond Counsel, hereinafter called Second
Party;
W I T N E S S E T H:
That for and in consideration of the mutual covenants
and agreements herein contained, the parties hereto agree as follows :
1. First Party proposes to initiate proceedings for the
improvements and acquisitions in West River Street Assessment
District, Truckee-Donner Public Utility District, Nevada County,
California.
2. First Party hereby employs Second Party as Special
t
Bond Counsel and Second Party hereby agrees to accept said employment
by First Party in said proceedings. Said services shall include
the following:
a. Such preliminary consultations and advice as are
necessary with First Party officials, or First
Party officials and groups not comprised of First
Party officials, to determine the best proceedings
to be taken and what district is to be formed;
b. Preparation of any and all proceedings from the
time of commencement of formal proceedings by
petition or action of the governing body of
First Party through to consummation of the pro-
ceedings and sale of the special assessment bonds
which may be issued in connection with said
proceedings;
c. Complete supervision of all stages of the pro-
ceedings and attendance at such public and pri-
vate meetings as are necessary to carry the
project through to completion;
-1_
"RIGINAL
Page 169
d. - Second Party is to be available for consulta-
tion by First Party officials, groups and/or
individuals for information and consultation with
relation to such proceedings by telephone or
otherwise if it can be arranged;
e. Second Party agrees that there shall be included
in the amount of the fee provided to be paid
opinion to the purchaser or purchasers of bonds
which may be issued in the proceedings.
3. The fee provided for herein does not include out-
of-pocket expenses of Second Party for transportation, communica-
tion or other out-of-pocket expenses, or for any services in con-
nection with litigation.
4. Second Party shall receive as compensation for _the
services herein agreed to be provided the sum of three per cent
(3%) of the project costs. "Project Cost" is defined to include
construction costs, acquisition costs, utility deposits and con-
tingency funds as shown on the final Engineer's Report and Esti-
mate of Cost approved by First Party and on f ile in the proceed-
ings at the time of confirmation of the assessment district. "Project
Cost" shall not include:
(a) Incidental expenses;
(b) The amount of any bond discount*
In no event shall said compensation be less than $1, 500.00,
Said compensation shall be payable from the proceeds of
assessments levied in said proceedings based upon the figures en-
umerated above and shall be payable upon receipt of money from
the proceeds of assessments levied.
5. The fee herein provided for shall not include any
services in connection with acquisition of rights-of-way or proceed-
ings in eminent domain. Any services rendered by Second Party
in connection with the acquisition of land for rights-of-way or
eminent domain proceedings, including all costs in connection with
Page lb9-A
such acquisitions, shall be paid for in addition to fees herein
provided for, and shall be payable in the same manner as other fees,
6. Second Party certifies that it has no interest, either
direct or indirect, in any property or matter involved in the pro-
ceedings referred to in this contract other than the fees herein
�--, specified and for the purposes herein specified.
Said Second Party further certifies that it represents
no property owner within the boundaries of said proposed assess-
ment district for any purpose, directly or indirectly, other than
the services rendered as Second Party, in accordance with the terms
of this contract,
7. In the event said proceedings are not carried through
to conclusion, or shall be abandoned, then Second Party shall receive
nothing.
IN WITNESS WHEREOF, the parties hereto have hereunto sub-
scribed their names, First Party by the President of the Hoard of
Directors , of said Truckee-Donner Public Utility District, attested
by its Clerk thereof, the day and year in this agreement first
above written.
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT,
a public corporation
By
ATTEST: Roy Maters, re id t of the Boar
"FIRST PARTY"
Clerk Tdertfof _.
STURG, , ,DEN-DULK, DOUGLASS & ANDERSON
Speci` and Counsel
By
"SECOND PARTY"
Page 169-B
�,
RESOLUTION NO, _7412
RESOLUTION REQUESTING JURISDICTION OF THE BOARD OF
SUPERVISORS OF THE COUNTY OF NEVADA, STATE OF
CALIFORNIA, IN CONNECTION WITH WEST RIVER STREET
ASSESSMENT DISTRICT, TRUCKEE-DONNER PUBLIC UTILITY
DISTRICT, NEVADA COUNTY, CALIFORNIA
BE IT RESOLVED by the Board of Directors of the Truckee-
Donner Public Utility District, Nevada County, California, that
the Board of Directors of said Truckee-Donner Public Utility District
proposes to adopt a Resolution of Intention, a copy of which is
annexed hereto, marked "Exhibit A" , and, by this reference, incor-
porated herein as though fully set forth herein; and
BE IT FURTHER RESOLVED by said Board of Directors as follows :
1. The property proposed to be assessed lies within the
unincorporated territory of the County of Nevada.
2. The area of the County of Nevada which lies within
the proposed assessment district will, in the opinion of the Board
of Directors of, the Truckee-Donner Public Utility District, be
benefited by the improvements and acquisitions referred to in
the proposed Resolution of Intention annexed hereto and that the
purposes sought to be accomplished by the work can best be accom-
plished by a single, comprehensive scheme of work.
3. The proposed Resolution of Intention annexed hereto
and marked "Exhibit A" is hereby adopted as the proposed Reso-
lution of Intention for the improvements and acquisitions herein-
above referred to
4. The consent of the County of Nevada through its Board
of Supervisors is hereby requested to the formation of the dis-
trict described in said proposed Resolution of Intention, to the
improvements and acquisitions therein described, and to the assump-
tion of jurisdiction by this Board of Directors for all purposes
OR. Hal 4AL
Page 170
in connection with the formation of said assessment district, the
improvements and acquisitions to be made, and the assessment of
property within the boundaries of said proposed district. The
Clerk of said Truckee-Donner Public Utility District is hereby
directed to transmit a certified copy of this resolution with
the proposed Resolution of Intention attached, and a certified
copy of the map showing the proposed boundaries of said district
to the County Clerk of the County of Nevada.
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 20th day of August, 1974, by the following
roll call vote:
AYES: J. Cram . _ D. Anderson . P Sutton
R. Anderson R. Waters .
NOES: None
ABSENT: None
TRUCKEE-DON R PUBLIC UTILITY DISTRICT
By
Roy Water President of the*' Board
ATTEST:
Clerk T r or
_2-
Page 170-A
RESOLUTION OF INTENTION NO.
IN THE MATTER OF THE CONSTRUCTION OF IMPROVEMENTS
AND ACQUISITIONS IN WEST RIVER STREET ASSESSMENT
.. DISTRICT, TRUCKEE-DONNER PUBLIC UTILITY DISTRICT,
NEVADA COUNTY, CALIFORNIA
BE IT RESOLVED by the Board of Directors of the Truckee-
Donner Public Utility District, Nevada County, California, that
it is the intention of said Board to order the following improve-
ments and acquisitions to be made in West River Street Assessment
District, Truckee-Donner Public Utility District, Nevada County,
California, to wit:
Improvements to the water system of the Truckee-
Donner Public Utility District, consisting of pipe-
lines, valves, fire hydrants, main line ties, services,
excavation, backfill, base, paving and other appur-
tenant work generally in the area of West River Street,
Truckee, California, together with the acquisition of
capacitytrights of way, easements and other necessary
work.
BE IT RESOLVED that said improvements to be constructed
in the streets, avenues, lanes, courts, roads, places and/or public
ways hereinabove described, will be of dimensions, materials, and
in the particular locations, as set forth and shown on the plans
and specifications and detailed drawings hereinafter referred to;
together with the construction of all appurtenances thereto, includ-
ing necessary fittings, trenchings, grading and regrading, excava-
tion and fill , removal of obstructions, connections to existing
services, back filling, reconstruction of existing ground surface
as required to conditions existing prior to commencement of construc-
tion, all in the manner, of the materials, and to the dimensions
and to the grades, and in the particular locations as the same
will be more fully shown on the plans and specifications and detailed
drawings hereinafter referred to;
-1- EAMIDIT A
Page 170-B
That the structures and work and improvements herein des-
cribed shall be constructed to the grades, sub-grades and eleva-
tions severally to be shown upon the plans and profiles and detailed
drawings thereof in the respective locations thereof, which said
grades are hereby adopted as the official grades therefor for all
purposes in connection with the proceedings pursuant to this Reso-
lotion of Intention. Notice is hereby given that said grades may
be new and different from those heretofore established or existing,
or may be different from existing ground levels.
All of sa id work shall include, without duplication, any
and all street intersections, terminations and opposite termina-
tions occurring within the limitations of said work.
The attention of all persons is directed to the fact that
not all of said classes of work above described may be construct-
ed upon all the streets and/or public ways above described in their
entirety, but only upon the particular locations as shown on the
plans and specifications hereafter referred to, which said plans
and specifications shall govern as to all details with relation
loom-
to the same.
BE IT FURTHER RESOLVED that the Board of Directors of
the Truckee-Donner Public Utility District hereby makes the expen-
ses and costs of said improvements and acquisitions chargeable upon
a district, which said district said Board hereby declares the district
benefited by the improvements and acquisitions herein described;
said district shall include that territory in the unincorporated
territory of the County of Nevada, State of California, which is
shown on that certain map on file in the office of the Clerk of
the Truckee-Donner Public Utility District, and which is entitled
and described "Proposed Boundaries of West River Street Assessment
District, Truckee-Donner Public Utility District, Nevada County,
California, " and which said map indicates by a boundary line the
extent of the territory included in the proposed district and covers
Page 170-C
loon-
all details as to the extent of the area to be assessed; said map
is, by this reference, incorporated herein and made a part hereof.
Excepting from the area shown and delineated on said map
hereinabove referred to, the area of all public streets, avenues,
lanes, roads, drives,. courts, places, public parks, and all ease-
ments and rights-of-way therein contained belonging to the public,
and also all property owned by the County of Nevada, the State of
California, or the United States of America, or the Truckee-Donner
Public Utility District, contained therein, now in the use in the
performance of a public function.
NOTICE IS HEREBY GIVEN that serial bonds to represent
unpaid assessments, and bearing interest at the rate of not to
exceed seven per cent (7%) per annum, shall be issued herein in
the manner provided in Division 10 of the Streets and Highways Code,
the Improvement Bond Act of 1915, the last installment of which
shall mature fourteen (14) years from the 2nd day of July next
succeeding ten (10) months from their date.
NOTICE IS HEREBY FURTHER GIVEN that the procedure for collec-
tion of assessments and advance retirement of bonds under the Improve-
ment Bond Act of 1915 shall be as provided in Part 11. 1, Division
10, of the Streets and Highways Code of the State of California.
Proceedings for all work shall be taken pursuant to the
Municipal Improvement Act of 1913, and the bonds hereinabove described
shall be issued under the provisions of the Improvement Bond Act
of 1915.
BE IT FURTHER RESOLVED that this Board of Directors hereby
finds that the Special Assessment Investigation., Limitation and
Majority Protest Act of 1931 does not apply to these proceedings.
=3-
Page 17 0-13
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BE IT FURTHER RESOLVED that if any surplus remains in
the Improvement Fund after the completion of the improvements and
the payment of all claims from the Improvement Fund, said surplus
shall be distributed in accordance- with Section 10427 of the Streets
and Highways Code.
BE IT FURTHER RESOLVED that the Board of Directors hereby
finds that the public interest will not be served by allowing the
property owners to take the contract for the work and improvements
provided for in this Resolution of Intention.
5-
Page 170-F
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 day of 1974, by the following
roll call vote:
AYES : , •
NOES:
ABSENT: , , •
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
By
Roy Water President of the Board
ATTEST:
i r
C erk Th6rd6f
Page 170-G
TRUCKEE - DONNER PUBLIC UTILITY DISTRICT
POST OFFICE BOX 309
TRUCKEE, CALIFORNIA 95734
TELEPHONE 587-3896
M E M 0 R A N D U M
TO: All Directors
FROM: Lyell C. Cash, Manager
DATE: August 13 , 1974
• of specified checks in advance of Board Approval
SUBJECT . Issuance
The
attached list of types of payments which in many cases require
avment in advance of Board approval appears to be sufficiently
E
broad to serve as a starting point .
= It
is recommended that the Board authorize this list with the know-
that emergency conditions will develop which may require changes.
enc
ledge g Y
I believe this will adequately clear up what has become a con rover-
sial situation.
F
i
a LCC:mhk
i
rY
R
F
r
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i
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Pagel71
To All Directors
Page Two
August 13, 1974
1 . All matters pertaining to payroll including but not limited to :
a. Pay checks
b. Social Security
C. State Compensation
d. Disability Insurance
e . Internal Revenue
f. Union Dues
g . State Income Tax
h. vacation pay if earned at time vacation starts
2 . Petty Cash (Manager' s Discretion)
* 3. Contract payments if contract requires payment at specified time
which conflicts with Board meeting dates .
t
4. Postage
E S . State Board of Equalization (delay creates penalty)
P� •
Unpredictable payments which may be urgent and will require
k
Manager' s discretion
* Effort shall be made to have board approval at the meeting immediately.
prior to required payment date.
r
E
�r
eg
F
i
t
E
t I
Page 171-A
TRUCKEE - DONNER PUBLIC UTILITY DISTRICT
POST OFFICE BOX 309
TRUCKEE, CALIFORNIA 9S734
TELEPHONE S87-3896
MEMORANDUM'
TO: All Directors
FROM: Lyell C. Cash, Manager
DATE: August 14 , 1974
SUBJECT : Inspection of Tahoe Donner Power Lines
The attached memorandum from Ken Kraj ewski outlines the procedure
being used in inspecting pole line construction being done in Tahoe
Donner. Complete plans and specifications are in the District Office
and the level of inspection utilized gives the District assurance that
our requirements are being complied with.
LCC :mhk
11110
� L
Page 172
TRUCKEE - DONNER PUBLIC UTILITY DISTRICT
POST OFFICE BOX 309
TRUCKEE, CALIFORNIA 95734
TELEPHONE 587-3896
M E M O R A N D U M
TO: Lyell C. Cash, Manager
FROM: Ken Krajewski
DATE: August 14, 1974
SUBJECT : Tahoe Donner Power Lines
At the meeting of August 6 , 1974, Director Craig asked for a briefing on
the status of power line construction in Tahoe Donner.
The contract was awarded to Slater Electric of Folsom, California, for
Phase I , in the amount of $223 , 000 . Phase I consists of finishing
Units 1- 4 , and all of Units 6 and 7 .
As of August 7 1974 , the primary objective of Slater Electric has been
in framing and setting poles . They also had to reset 17 poles that the
Telephone Company set on a sewer trunk line .
Since , DArt is administoring the contract , they are directing the con-
tractor as to the places to set poles for their more urgent needs .
The role of the District has been to follow inspection procedures as
outlined by Hal Heidrick. To date , I spend a minimum of two hours per
day inspecting pole line construction to make sure the contractor com-
plies to the plans and specifications .
The District has fulfilled its committments for supplying materials
as outlined in the new agreement . Whenever new materials arrive on the
job, Bruce Grow makes a visual inspection to make sure they comply
with District Specifications .
Sinc
e our line crews are in Tahoe Donner daily, I ask them for their
comments on the construction as they view it . To date , they are all very
ha py with what they obsery e and feel that the construction that is
bepg g n done is highly acceptable .
r
KK-mhk
Page 173
TRUCKEE - DONNER PUBLIC UTILITY DISTRICT
POST OFFICE BOX 309
TRUCKEE, CALIFORNIA 957314
TELEPHONE 587-3896
M E M O R A N D U M
TO: All Directors DATE: August 209, 1974
FROM: Manager SUBJECT: Tennis Court Lighting
I have determined from several opinions , all of which agree , that the
A Tennis Court Lighting agreement was as follows :
1 . The Recreation District was to furnish all materials (this has been
done) .
. Th
e School District was to furnish the labor for installation.
3 . The PUD was to furnish (metered) power for lighting at no cost .
I am advised that the School District will need some help in installa-
tion for settingthe light standards on the bases already constructed
and for trenching for underground wires between poles . This will require
a boom truck and backhoe plus operators .
project appears to have reached. a point where it needs to be moved
The p � Pp I believe it would
off of top dead center and brought to a conclusion. whatever
be to the District ' s advantage to take the initiative and, with
assistance the School District can furnish, complete the job .
Ord I
�.-. LC C:mhk
i
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tt
1
{i
F
Page 174
August 20 , 1974
Mr. Roy Waters , President
Board of Directors
Truckee-Donner Public
Utility District
Truckee , CA 95734
Dear Mr. waters ,
As of August 1 of this year , I assumed sole ownership of two
retail clothing stores in Tahoe City. Because of the demand of
these businesses , and for personnal reasons , I have decided to make
Tahoe City my puce of permanent residency.
Therefore , effective August 31 , 1974 , I must resign my position
as director for the District . I have enjoyed being a Director and
hope my contributions have been positive ones .
Over the next several months and years, the District will
undergo major changes in management and policy - I 'm sorry I won't
be on the Board to help shape these changes .
Very truly yours ,
i
Duane E . Anderson
DEA/db
74
i
I
t'
g
1974 RESOLUTIONS
AUGUST 20 THRU DECEMBER .
NO.
PAGE
7407 Resolution Rescinding Res . 7404 and Res . 7404-Amended 161
7408 Resolution Approving Boundary Map 162
7409 Preliminary Determination to Undertake Special
Assessment District Proceedings 165
7410 Appointing Eng. of Work and Authorizing Execution
of Agreement 166
7411 Appointing Special Bond Counsel and Authorizing
Execution of Agreement 168
7412 Requesting -Jurisdiction of the Board of Supervisors
of Nevada County - W. River Street Assess . Dist. 170
7413 Res . Directing Filing of Boundary Map with Nevada
County Recorder - W. River Street Assess. Dist. 181
7414 Res . of Intention - W. River Street Assess . Dist. 182
7415 Adoption of Engineer' s Report , Setting Public Hearing,
and Call for Bids 184
7416 Adopting Scale of Prevailing Wage Rates - W. River
Street Assess . Dist. 185
{
7418 Notice of Intent to Adopt EIR on Highway 267 Intertie 189
7417 - - Notice of Intent to Adopt EIR on W. River Street
Water Line Project 188
7419 Notice of Intent to Adopt EIR on Water System Improve-
ment for Armstrong Tank 190
7420 Amendment to Res . 7307 - Local Guidelines Implement-
ing the Calif. Environmental -Quality Act of 1970 197
as Amended
7421 Employee Agreement 222
7422 Pipeline Easement to U. S. Forest Service 223
7423 Approving project known as West River St. Main Extension268
7424 Resolution amending Resolution of Intention, West
River St. Assessment District 233
7425 Directing filing of an ammended Engineer' s Report and
amended estimate of cost, W. River St. 234
7426 Approving amended engineer' s report, ording construct-
ion of improvements and acquisitions , and
r confirming assessment, W. River St. 242
7427 Authorizing Sale of Bonds 245
7428 Authorizing changes in work, W. River St. 246
7429 Award of contract, W. River St. 247
7430 Authorizing execution of agreement, PUD-Byars , for
work to be done , and approving Bonds , W.River St. 249