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HomeMy WebLinkAbout1978-08-28 Min - Board 34 SPECIAL MEETING AUGUST 28, 1978 The Special Meeting of the Board of Directors of the Truckee Donner Public Utility District was called to order by the President in the District offices at 6:37 P.M. ROLL CALL: Directors Huber, Kuttel , Sutton, and Maass were present. Director Hatch was absent. EMPLOYEES PRESENT: A. Milton Seymour and Susan Craig. CONSULTANTS PRESENT: District Engineer Dan Cook, Substitute Counsel , Mark Pfotenhauer, and John Handley, Evelyn Lewis and Mike Marron, Special Counsel for the District. OTHERS PRESENT: Don Strand. STANDBY CHARGES: RESOLUTION DESIGNATING THE COUNTY OF NEVADA AS COLLECTOR OF DELINQUENT STANDBY CHARGE COLLECTIONS Mr. Pfotenhauer noted that the language of the propsoed resolution had been changed to more closely reflect the code sections. Director Sutton moved that the Board adopt the resolution (7845) designating the County of Nevada as the collector of delinquent standby charges . The motion was second- ed by Director Kuttel . ROLL CALL: Hatch, absent; Huber, aye; Kuttel , aye; Sutton, aye; Maass, aye. SO MOVED. RESOLUTION REQUESTING NEVADA COUNTY TO BILL CURRENT STANDBY CHARGES THROUGH ITS COMPUTER SYSTEM Director Kuttel moved that the Board request Nevada County to bill current standby charges through its computer system by adoption of Resolution No. 7846. The motion was seconded by Director Huber. ROLL CALL: Hatch, ab- sent; Huber, aye; Kuttel , aye; Sutton, aye; Maass, aye. SO MOVED. APPROVAL OF SHORT-TERM LEASE BETWEEN TDPUD AND HOOD CONSTRUCTION COMPANY FOR USE OF 1 .9 ACRES OF DISTRICT LAND Substitute Counsel Pfotenhauer presented two draft lease agreements to the Board for review. One draft contained sections regarding attorney's fees, a deposit, and a connection fee; the other draft did not contain these sections. Director Huber moved that the Board adopt the lease that does not include the provisions for attorney' s fees. She noted that a provision for attorney's fees was not a part of the verbal agreement between Hood Construc- tion and the Manager of the TDPUD. THE MOTION DIED FOR LACK OF A SECOND. As requested by Director Sutton, Mr. Pfotenhauer explained that the section pertaining to attorney's fees would provide that Hood Construc- tion pay the fees for drafting of the lease; the section concerning a deposit would provide for a deposit to the Lessor which sum would be used for clean- ing the leased premises in the event Lessee abandons the leased premises in an unclean condition; and the section regarding a connection fee would pro- vide for the lessee to pay to the TDPUD any fees normally required for any connections or service for utilities. Mr. Seymour noted that Hood Construction had paid the District $1 ,000 in advance for three months rental of the subject property. They agreed to leave the premises in a better condition than which they found it. They will be paying connection fees for electric service; there is no water service. Hood Construction has advised that they have obtained a temporary use permit from the County. Director Kuttel ascertained that this project being done by Hood Construction was connected to the TDPUD on a secondary basis; for that rea- son, he would object to a lease of any kind between the TDPUD and Hood 8/28/78 pg. 1 3 Construction. He stated he did not feel a lease should be required. Director Huber moved that the Board adopt the lease agreement which does not include the attorney' s fees , the deposit, and the connection fee, as those things were not discussed with representatives of Hood Construction. THERE BEING NO SECOND TO THE MOTION, THE MOTION DIED. Director Sutton moved that the Board adopt the lease agreement providing the eleven terms of the lease which include reimbursement for at- torney's fees incurred in drafting and negotiation of the lease, deposit of an amount of money to guarantee that the premises will be clean and provid- ing for a connection fee, presumably electrical . THE MOTION DIED FOR LACK OF A SECOND. Director Sutton moved that this matter be tabled until the next regular meeting because she thought, she stated, the Board would have a problem unless a lease agreement with Hood Construction was entered into. THE MOTION DIED FOR LACK OF A SECOND. Director Huber moved that the Board direct the Manager to write a letter of understanding between the District and Hood Construction setting forth the original verbal agreement between the two for presentation to the Board at the next meeting. THE MOTION DIED FOR LACK OF A SECOND. Director Sutton moved to table this matter. THE MOTION DIED FOR LACK OF A SECOND. President Maass noted that basically, the lease agreement which does not set forth provisions re attorney's fees , deposit and connection fee, complies with the verbal agreement between the Manager and Hood Constuc- tion. The Chair tabled this item indefinately. BRIEF DISCUSSION OF RECENT DEVELOPMENTS RELATING TO THE ANNEXATION BY THE DISTRICT OF PROPERTIES IN PLACER COUNTY Director Sutton noted that it was her recommendation that this item be placed on this meeting agenda so that the Board could focus on the ' annexation boundaries which will be on the agenda for the next meeting and so that the Board could make determinations related to the annexation. Mr. Seymour discussed the possibility of annexing all the prop- erties the District is presently serving that are outside the District boundaries as well as CSA 19 South and adjacent properties with the Board. This would include the portion of the Airport District' s property that lies in Placer County, the property along the access road to the Airport, Pon- derosa Palisades Unit #2, and a small strip of land lying South of Donner Lake. Director Sutton noted that, if there was any problem in annexing these areas, they could be deleted at the time of adoption of the resolu- ' tion of intent and the map. Mr. Seymour advised that the plan was, at the next meeting, to direct the Engineer and Manager to send letters containing a petition to property owners - once those letters have been returned, a resolution of intent will be prepared showing a map of the area to be annex- ed. No proposals were made at the time of this meeting. The President noted that this item would be carried over to the next meeting. EXECUTIVE SESSION '1 The President adjourned the meeting to Executive Session at 6:55 P.M. for the purpose of discussing legal and personnel matters with the Substitute and Special Counsel . RETURN TO PUBLIC SESSION The Board reconvened into Public Session at 10:37 P.M. No action was taken by the Board. The President adjourned the meeting at 8/28/78 pg. 2 10:38 P.M. to Tuesday, August 29, 1978, at 7:30 P.M. at which time the Executive Session will be continued. He further noted that notice of adjournment will be posted in the regular posting places Tuesday morn- ing. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By (A, a J es A. Maass, President Susan M. Craig Executive Secretary F 8/28/78 pg• 3 TP,UCKEE-DONNER PUBLIC UTILITY DISTRICT IC POST OFFICE BOX 309 TRUCKEE, CALIFORNIA 95734 TELEPHONE 587-3896 AUDIENCE ATTENDANCE FOR THE MEETING OF - -T PLEASE PRINT YOUR NAME: 1 . 2. 3. 4. 5. 6. 7. 8. 9. 10. 11 . 12. 13. 14. 15. 16. 17. 18. 19. 20. 21 . 22. 23. o^ 3 RESOLUTION NO. 78_L5 OF TRUCKEE-DONNER PUBLIC UTILITY DISTRICT DESIGNATING THE COUNTY OF NEVADA AS THE COLLECTOR OF DELINQUENT STANDBY CHARGES WHEREAS, on February 18, 1975, Ordinance No. 7501 was passed fixing standby charges and providing a means for collection; and WHEREAS, said Ordinance was implemented by Resolution No. 7521 in 1975, and 7615 in 1976, and the County collected the charges thereunder; and WHEREAS, said Ordinance was implemented by Resolution in 1977 and the District sought the assistance of Nevada County computer services to bill the standby charges in said year; and WHEREAS, it has come to the District's attention that various standby charges are delinquent. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the TRUCKEE-DONNER PUBLIC UTILITY DISTRICT as follows: All unpaid standby charges are to be added to the annual assessment and the Truckee-Donner Public Utility District is availing itself of assessments made by the Assessor of the County of Nevada. The amount of each of the unpaid standby charges shall be included in the tax assessment of the County of Nevada pursuant to Sections 16469 through 16472 of the California Public Utilities Code. BE IT FURTHER RESOLVED that the Clerk of this District be directed to forward certified copies of this Resolution to the Board of Supervisors of the County of Nevada and the County Auditor. PASSED AND ADOPTED by the Board of Directors of the Truckee-Donner Public Utility District, at a meeting held within said District on the 28th day of August , 1978, by the following roll call vote; AYES: Huber , Kuttel , Sutton , Maass , NOES: None ABSENT: Hatch TRUCKEE-DONNER PUBLIC UTILITY DISTRICT '" BY C, DAMES A. MAASS, President ATT . 1 , z_ A. MIL ON SEY , Clerk Thereof RESOLUTION NO. 78 46 OF TRUCKEE DONNER PUBLIC UTILITY DISTRICT REQUESTING NEVADA COUNTY TO BILL CURRENT STANDBY CHARGES THROUGH ITS COMPUTER SYSTEM WHEREAS , on February 18, 1975, Ordinance 7501 was passed fixing standby charges and providing means for collection; and WHEREAS, said Ordinance was implemented by Resolutions in 1975, 1976, and 1977; and WHEREAS, the County may enter into an Agreement whereby the District would bill its standby charges through the computer system of Nevada County. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District, as follows: 1 . That the District notify the Board of Supervisors of Nevada County and request its assistance in per- mitting the District to use the County computer services to bill standby charges for the current year 1978-1979. 2. That the District shall pay all costs levied by the County in this regard. PASSED AND ADOPTED by the Board of Directors of the TRUCKEE DONNER PUBLIC UTILITY DISTRICT at a meeting of the Board of Directors held within the District on the 28th day of August 1978, by the following roll call vote: AYES: Huber Kuttel Sutton , Maass , NOES : None , ABSENT: Hatch , TRUCKEE DONNER PUBLIC UTILITY DISTRICT By es A. Maass, President ATTEST: A. Milton Seymour Clerk of the Boar