HomeMy WebLinkAbout1974-12-03 Min - Board DECEMBER 3, 1974
The regular meeting of the Board of Directors of the Truckee-Donner
Public Utility District was called to order by the President, Roy
Waters , at 7 : 30 p.m. in the conference room of the District.
ROLL CALL: Craig, present ; Sutton, present ; Anderson, present ;
Waters , present.
EMPLOYEES PRESENT: Hobensack, Kinzie, Grow, Rose
OTHERS PRESENT: Marigrey Fish, James Maass , Gene Gini , Leslie Ronay,
Margarie Adkerson, Jim Duncan, Charles Doskow, Sid Karsh,
Don Strand, Barry Boelk, Barbara Grow
MINUTES OF NOVEMBER 19 , 1974
The president asked if there were any additions , corrections , or omis-
sions to the minutes of November 19 , 1974. It was moved by Director
Craig and seconded by Director Anderson that the minutes be approved
as written. ROLL CALL : Craig, aye ; Sutton, aye ; Anderson, aye;
Waters , aye.
BILLS FOR BOARD' S APPROVAL
The payment to Twin States Concrete for cement purchased by Bob Dean
for the construction of the Southside Well was Questioned. This bill
has been sent to the District by Twin States as they have been unsuc-
cessful in collecting the amount from Mr. Dean. Mr. Joynt advised
the board that payment does not have to made immediately under the
garnishment recevied from Small Claims Court. The attachment must be
made prior to paying any amounts due Mr. Dean. The Board requested
a breakdown of costs for the well construction and the later work
done by Sage Brothers Drilling to remove the test pump equipment.
After questioning other bills , it was moved by Director R. Anderson
and seconded by Director Craig that the bills be paid with the excep-
tion of the Twin States Concrete bill in the amount of $208. 56 . ROLL
CALL: Anderson, aye; Sutton, aye ; Craig, aye ; Waters , aye.
OLD BUSINESS
Martin McDonough and Application to Remove Water from Donner Lake :
As a result of the earlier Executive Session, Mr. McDonough reported
that the State Water Resources Control Board (SWRCB) is asking that
two additional filings be made to the District's pending application
at Donner Lake and petitions for change of point of diversion on
the two springs to Donner Lake. This is due to the lapse of time
since the application was originally made. One filing is Form 1-M
which is in connection with the main application and the other is a
petition for extension of time in connection with the permit on
Hofert Springs. Form 1-M is a requirement of the SWRCB which was
adopted subsequent to the time the District ' s application was filed
and advertised. The new regulation states whether or not the appli-
cant claims another right besides the permit it is seeking to divert
from the source and to specify the extent of the old right it claims ,
if any, and either agree not to use the old right or agree that the
SWRCB may deduct the amount of the old right from the permit which it
may otherwise issue. Mr. McDonough explained that there is a technical
problem with the filing of Form 1-M as the District claims water rights
under an old right of a third party, that being Sierra Pacific Power
Company. S.P. P. Co. ' s rights have not been reported to the State Board
on the required water right forms ; and therefore , has not been quanti-
fied by S.P. P.Co. In responding to the Form 1-M requirement, the
District has a choice of claiming exemption from it because of the
timing of the regulation or filing it in a modified form from that
which is usually required. The modified form would explain we do not
quantify the old right but desire to exercise it anyhow. Regarding
the petition for. an extension of time on the Hofert Springs application,
the time expired since the time originally fixed for constructing the
works under the permit because the District petitioned to change the
point of diversion. The SWRCB now wants a petition for an extension
of time in connection with that application on the. basis that_,the. otber
petition on the change of diversion has not been acted on. The filing
page 340
fi --
McDonough continued
of the forms should be done prior to republication of the applications .
by SWRCB.
Mr. McDonough stated the Board desires to request the SWRCB to grant
additional time for the filing of these forms and for the SWRCB to
allow the District to file the forms at some point after the ground-
water study is received from Dr. John Sharp. Director Sutton moved
that the Board of Directors request an extension of time from the
State Water Resources control Board on their request that we file the
Form 1-M on the Donner Lake water application and the extension of
time on the Hofert Springs permit; the extension of time for the filing
of these forms to be 60 days . Seconded by Director Craig. ROLL CALL :
Craig, aye; Sutton, aye; Anderson, aye ; Waters , aye. So moved. ,
Charles Doskow of Dart Resorts asked Mr. McDonough if he felt the
Board not responding to the State Water Resources Control Board' s
request might in some way prejudice any rights of the District.
Mr. McDonough did not feel it would prejudice the District' s rights .
Mr. Doskow asked if the Board would direct Dan Cook, the District ' s
engineer, to file his report on the water source for Tahoe Donner
with the Department of Real Estate. The Chairman informed Mr. Doskow
that this matter has been scheduled for the December 17 meeting and
will be taken up at that time. Mr. Doskow wanted to go on record
of having stated that Dart Resorts does have interests at stake and
would appreciate action by the Board as soon as possible. Regarding
the delay of time , Director Sutton stated that there was no delay
on the part of the Board insofar as Mr. Cook' s assurances to the
Department of Real Estate or regarding acceptance of the Tahoe Donner
water lines because the Board indicated about a month ago that it
did not plan to take this matter up until December 17 .
OLD BUSINESS
Appropriate Action on Appointment of Auditing Firm: Mr. Waters
announced that last evening a special meeting was held to interview
prospective auditing firms. Director Craig felt the Arthur Young --�,
& Company was well qualified and made a good proposal . He espec-
ially liked the idea of supplying manuals of the bookkeeping system
for employees .
Director Craig moved that the Board accept the proposal from Arthur
Young and Company to review and revise the accounting system, perform
the annual audit examination for 1974 only, and provide ongoing
services for the year 1975. Seconded by Director Sutton. ROLL CALL:
Craig, aye; Sutton, aye ; Anderson, aye ; Waters , aye.
Election of New Board Member: Mr. Joynt prepared a resolution call-
ing for a special election to fill the vacancy in the office of a
member of the governing board of the Truckee-Donner PUD. The Board
discussed having the special election in late February (which the
County Clerk informed Mr. Joynt they would prefer) or in conjunction
with the School District election to be held March 4. The Board felt
that there would be a greater turn-out if the two elections were
combined. Mr. Joynt did not have the figures on the cost of the
election if it were separate or combined.
Director Craig moved that Resolution 7436 be adopted and specify
the Special Election to be held on March 4, 1975. Seconded by
Rex Anderson. ROLL CALL: Craig, aye ; Sutton, aye ; Anderson, aye ;
Waters , aye.
Amount Still Owing on Purchase of Water Line at Mill : Mr. Hobensack
reported that he has located the contract for the purchase of the
water line at Douglas Lumber Mill (then Topol Mill) . The contract
states that there shall be a credit made to the mill on its water
bill in the amount of $55 per month for a period of ten years ; the
total purchase price being $6 ,600. The contract was entered into
in 1967. Prior to crediting the catch-up water bill of about $4, 000
towards the purchase price of the system, Mr. Hobensack said that
he would go through past records to see what is still owing on the
purchase.
Statement of Position on Energy Resources Surcharge Re ulations :
Mr. Hobensack reported that he has calculated the cost to collect
Page Two - December 3, 1974 page 341
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Energy Resources Surcharge Regulations . . . continued
the Energy Resources Surcharge and that is $112 per month. The tax
will amount to approximately $300 per month. There is a hearing by
the State Board of Equalization scheduled for December 18 in Sac-
ramento to further discuss this surcharge , and Mr. Hobensack asked
that he attend the meeting stating the District is opposed to the
charge. The surcharge is based on electrical consumption and billed
1/10th of a mill per kilowatt hour.
The Board instructed Attorney Joynt to prepare a Resolution for adop-
tion at the next Board meeting which would state the position of the
Board as opposing the collection of the surcharge . The resolution
r••. would then be presented by the Manager at the hearing the following
day in Sacramento .
Appropriate Action on PUD Emblem: Mr. Hobensack reported that the
emblemselecte was created by Jeff Adams , a Sierra Mountain Inter-
mediate Student. The prize is a $25 savings bond. Arrangements will
be made for presentation by the Board at the next board meeting by
Mr. Hobensack. The Board also directed the manager to write a letter
to the school thanking students who participated in the contest.
Director Sutton wanted to thank the selection committee for judging
the designs . The committee consisted of Marigrey Fish, Fosten Wilson,
Jr. , and Jim Maass .
Miscellaneous : Director Craig requested to know the total contract
price for construction of the Tahoe Donner electric lines , how much
the District billed Dart for the inspection of those lines (the con-
tract states that the fees shall not exceed 1% of the construction
cost) and when the money was received for the inspection.
NEW BUSINESS
Election of Officers : Chairman Waters relinquished the chair to Mr.
Hobensack so that he could participate in the nomination and election
of a new Chairman and Vice-Chairman. Director Sutton opened the
nominations with John Craig for Chairman. Roy Waters nominated
Rex Anderson. Director Sutton moved the nominations be closed for
Board president. Attorney Joynt advised Mr. Hobensack that the votes
can either be by ballot or roll call . The directors favored ballot.
When tallied, the results were three for Director Craig and one for
Director Anderson.
Director Sutton nominated Rex Anderson for Vice President and later
moved that by unanimous ballot, Rex Anderson be declared Vice Presi-
dent. Seconded by Director Craig.
President Craig took the chair at this time and Director Sutton thanked
Mr. Waters for his services as Board President. Mr. Craig nominated
Director Sutton for Treasurer. Rex Anderson seconded that motion.
Mr. Hobensack declared Director Sutton treasurer by unanimous vote.
Dama e Claim - Guzman: Mr. Hobensack reported that the District has
received a damage claim from Jack F. and Lynn C. Guzman for water
damage to their property from the overflowing of water from the water
tank behind their property. The amount of the claim is $17 , 000 in
damages. Mr. Joynt advised the Board that they have 45 days to act
on the claim. His recommendation from past experience was that the
claim be rejected. However, not having reviewed the Guzman Claim,
Mr. Joynt could not make any immediate recommendation. He asked that
the matter be tabled until the next regular meeting so that he may
prepare the appropriate forms .
The District has also received a request to file a Late Claim for
damages to Glen Atkenson in regards to an alleged electrocution at
the Donner Pines Condominiums last November 1973. This matter was to
be taken up at the November 19 Board meeting but wasn' t brought to
the Board' s attention. Mr. Joynt strongly recommended that this request
be rejected. Director Waters moved that notice be given to the Claim-
ant rejecting application for leave to file late claim. Seconded by
Director Sutton. ROLL CALL: Craig, aye ; Sutton, aye ; Anderson, aye ;
Waters , aye.- From this point , the Claimant must appeal to the Superior
Court of Nevada County to decide if they will allow the late filing.
Page Three - December 3, 1974 page 342
DISTRICT COUNSEL REPORT
Time Deposits : Mr. Joynt advised the Board that the funds of a public
entity must be kept on deposit with a national or state bank and not
with a savings and loan or similar institutions . Mr. Hobensack reported
that the Bank of America can insure deposits in the amount of $100 ,000
and the District would receive 82o interest. The Board desired a
letter from Bank of America stating that the full $100, 000 deposit
would be insured.
Director Sutton moved that the manager be authorized to combine the
time deposit certificates of the District so that the 82% or more
interest rate could be earned at the Bank of America and that a
letter be obtained from the Bank verifying the amount of the deposit
is insured. Seconded by Roy Waters . ROLL CALL: Waters , aye ;
Sutton, aye ; Anderson, aye ; Craig, aye.
Liability for Hitting Dog: Attorney Joynt reported that in most
oT the cases he has read, the liability of hitting a dog (or domes-
tic animal) is not that of the driver of the vehicle that hit the
dog. Mr. Joynt said that if the claimant does want to file a claim
for the damages (in this case, veterinary fees) , they must do so
on the proper legal forms .
Director Waters moved that the claim be refused. Seconded by Director
Anderson. The attorney was directed to write a letter to the owner
of the dog stating the Board does not feel responsible for the bill
and that if they wish to pursue payment further, they must do so on
the proper c•laimlform. The directors were all agreeable to this pro-
cedure.
Hydro-Plant: Mr. Hobensack reported that there is a 500 foot head
possible for the generation of power through means of a hydro plant.
Mr. Hobensack asked that the Board authorize his looking into the
possibility of hydro generation. John Craig said that he thought
it was a good idea but felt that the reviewing of rates and connec-
tion fees might be more important at this time than additional power
sources . ...,,
Lighting of Christmas Tree : The Downtown Merchants Association is
again planning to light the downtown Christmas tree. The lights
belong to the District and are put up and taken down by PUD employ-
ees . The Board authorized the lighting of the tree for two weeks
before Christmas and through the weekend after New Year' s from
dusk to midnight. The Board also agreed that the District will remove
the tree in the spring.
Power Bumps : Mr. Hobensack reported that the power bumps experienced
within 'the district are the result of the Sierra Pacific Power
Company' s transmission lines . The momentary outages are because
of a fault on the line ; and with S. P.P. Co' s automatic breakers , the
line is immediately cleared of thefault and the power comes back
on. Since there is nothing that either the power company or the
PUD can do about it, the matter was decided to be left as is .
Rosamond Case : Mr. Hobensack reported that an adjustment in a power
installation bill has been sent to a customer. The customer has
objected to the amount of the bill for underground electrical
service, installed by the District in the summer of 1972 . A review
of the customer' s complaint revealed a billing error in the overhead
costs which has been adjusted. Mr.- Hobensack told Mr. Craig that
a copy of the underground policy would be sent to him.
Miscellaneous : Mr. Hobensack reported that Mr. Murphy of Alexander
Grant & Company has discovered information in his files on the
District ' s Time Deposit Certificates . He has also discovered a
map of lands owned by the District. He is sending this material
to the office.
There being no further business to come before the board, it was moved
by Director Waters and seconded by Director Anderson that the meeting
adjourn. All aye ; so moved. The regular meeting adjourned at 9 : 55
p.m.
John A. Craig, President of the Board
er i lyn zie , Rec ing Secretary
page 343
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Page 2.
Passed and adopted by the Board of Directors of
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT at a regular meeting
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thereof duly called and held in said district on the 3rd day
of December, 1974 , by the following roll call vote :
AYES: Anderson , Sutton ,
Waters , Craig
NOES : None
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ABSENT: None ,
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TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
By
ROYVMERS, President of the
Boa of Directors
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ATTEST:
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Clerk thereof
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page 344a
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74340 cola
RESOLUTION N09 74-
OF THE BOARD OF SUPERVISORS OF THE COUNTY OF NEVADA
RESOLUTION WAIVING THE RIGHT TO FILL BY APPOINTMENT
A VACANCY ON THE TRUCKEE-DONNER PUBLIC UTILITY
DISTRICT BOARD. (Sec. 1780 of Government Code)
WHEREAS, a vacancy has occurred on the Board of Directors
of the Truckee-Donner Public Utility District, and
WHEREAS, the Board of the Truckee-Donner Public' Utility
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District has adopted Resolution No. 74-32 waiving the Board's
right under the provisions of Section 1780 of the Government a
Code to fill said vacancy and expressing their desire to hold a
special election.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
E
of the County of Nevada, as follows:
1. The Board waives the right, as set forth in Section
1780 of the Government Code, to appoint a member to the Board of
Directors of the Truckee-Donner Public Utility District.
C
2. The Board concurs with Resolution No. 74-32, adopted
b the Truckee-Donner Public Utility District calling, fo y y , g r a
T
special election for the purpose of filling a vacancy for the
office of member of the governing board of the Truckee-Donner
Public Utility District,
3. The. Board directs the County Clerk of Nevada County
to cooperate with, and assist, the Truckee-Donner Public Utility
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District in facilitating the special election for the purpose of
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filling a vacancy on said District board.
page 345
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PASSED AND ADOPTED by the Board of Supervisors of the County of Nevada at a r f egular
meeting of said Board, held on the 26th day of November 74
by the followingvote of said I
Board: r
Ayes: Supervisors Ralph Buchanan, Thomas L. Turner, g
ATTEST; Fred J. Conway, cemjE*VFk William F. Curran.
THEO A. KOHLER, Jr. Hoes:
7 County Clerk and
ex-offtcio Clerk of the jBoard of Supervisors '
Absent: Ca,csience
By
Deputy Clerk A
ViCe-Choirman =TM
THE FOREGOING INSTRUMENT IS �
CORRECT COPY OF THE ORIGINAL GATE
COPIES SENT TO
3 U- -74 r
ON FILE I14 THIS OFFICE t
H
MAJ616,
ATTEST: NOV 2 7
THEO A. KOHLEFt, J . f
County Clerk and c f ffico CierN
Board of S zo,Isor
dU Ty. pA
�y
�"�• -Deputy -
Page -
R
1 NOTICE To CLAIMANT STING
2 APPLICATION FOR LEAVE TO FILE
3 LATE CLAIM
4
5 To$ CM E. ATlt3 oy, in dare of J088 J. NERRITT, Attorney
6 at Law# -311 Real Street, P, O o Sox J. Grass Valley. California
` 7 95945
8 PTZM TAM NOTICE -t.hot on November 19, 1974, at a
9 regular meetinq of the Board of Directors of TRUCKER-DQNNER
10 PUBLIC UTILITY DISTRICT, held at the district office, Truckee,
11 Nevada County, California, the board duly considered your claim
12 for personal injuries and application for leave to present late
13 Cl
14 3 apmlication for leave to present late claim was denied.
15 By re"on of said denial, no action was or will be taken by the
16 district on. the claim itself.
17 Dated: 11"IeffmWommemn-er---�, 19 74.
18
Pro sident
19 Board of Directors
TRDCUE--WWWR PUBLIC UTZIJTY
20 DISTRICT
21
WAmnn
22
23
This is not a notice of rejection of your +dale►. The
24
district takes no action on your claim because of the denial of
25
the application for leave to present late claim. Therefore, the
26
warninq notice required by Section 913 of the California Govern-
27 ment Code is not hereby given.
28
You should, h ever, seek the advice of your attorney at
1 JOSEPH Q. JOYNT once in this matter.
0 ERT M. HO"KY
POST OFFICIE Box 87I
AHOE CITY.CA.93730
PHoNE 5e3-3468 page 346
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STATEMENT OF GENERAL FUND
Bank Balance - 11-15- 74 61 , 864 . 52
Truckee Elec. Revenue 22 ,835. 08
Water Revenue 31287. 00
Donner Lake Elec. Revenue 13 ,609. 72
Miscellaneous Revenue 21428. 19
Miscellaneous Elec. Revenue 100. 00
Time Deposit Interest 37. 37
Twin States - Attachment Cost 2 . 50
Allowances (38. 18)
Write-Offs 50. 00
Approved Billings 61 , 772. 92
Federal Taxes 21802 . 76
Dept. of H.R.D. 499. 06
Petty Cash 50. 00 (65 , 124. 74)
PAYROLL
11-27-74 OT DT STANDBY GROSS NET
Hobensack 985 . 50 682 . 10
Drace 134. 82 154. 08 96 . 30 950. 16 617. 66
Reynolds 11 . 74 117. 45 755 . 59 618 . 50
Lopez 43. 68 72 . 80 698 . 88 544. 29
Straub 32 . 76 72 . 80 687. 96 533. 37
Krajewski 686. 26 533. 62
Grow 640 . 64 532 . 55
Silva 626 . 40 539 . 51
Connell 436. 00 322 . 69
Craig 429 . 60 330. 46
Kinzie 36 . 35 424. 35 322 . 37
Barry 403. 86 319 . 70
Kirchner 372 . 80 267. 76
Chapman 247. 68 194. 01
Rose 60. 00 54. 89 (6 , 413. 48)
Bank Balance - 32 ,637 . 98
BILLS FOR BOARD' S APPROVAL
Twin States Concrete 208 . 56
Maydwell & Hartzell fuse links , str. recept. 556 . 70
Pacific Telephone 18 . 00
Truckee-Donner Disposal 22 . 50
U. S. Leasing postage machine 25 . 26
Wilsey & Ham 200 . 00
Anixter Joslyn rod, comp. sleeves 1 , 115 . 23
Alpha bandages , ck. valve , grab hooks 112 . 85
Atlantic Richfield 393. 80
Murray, Burns , & Kienlen 402 . 50
011ie ' s Texaco gas 33. 25
RTE transformers , ground protect cap, insul . 3, 887. 02
Sun Printing rediforms 1 . 59
Sunrise Clinical 16. 50
Sangamo 60 elec. meters 11303. 80
Western Auto dist. cap, Unit 5 2 . 67
Wedco, Inc. insul . putty, cutouts , copper wire 51611 . 87
Armanko' s office supplies 62 . 48
Alpine Business Service Intermediate Roll 17. 50
Anixter Pruzan wire-bid items 14, 188. 94
f Zellerbach paper products 39. 64
Nevada County sewer assessments 23, 183. 40
Osburn' s gas 7. 75
Donner Gate Chevron tire repair/unit 11 10 . 12
Dept. of Health instruction manuels 4. 00
Hendrix Wire & Cable Co. cable spreaders 133 . 71
Joe' s Truckee Auto repair line truck & Unit 6 400. 80
Bruce Grow meter testing supplies 22 . 63 (30, 983. 07)
Bank Balance after payment of above 11654. 91
page 347