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HomeMy WebLinkAbout1981-03-16 Min - Board TRUCKEE DONNER PUBLIC UTILITY DISTRICT REGULAR MEETING March 16, 1981 Monday Tahoe Truckee Unified School District Board Room 7:00 P.M. A G E N D A 1. Call to order 2. Roll call 3. Approval of minutes: a) January 19, February 2 and 9 �'"'• 1981 b) February 17, 1981; Board direction 4. Bills for Board approval 5. Committee reports SPECIAL BUSINESS • applicants interested in filling vacancy on Board created 1. Interviews with apple b Pat Sutton's election as Fifth District Supervisor 2. Request of Anne Auda s for lot line adjustment PUBLIC HEA RING - 7:30 P.M. (or as soon thereafter as possible) 1. District Engineer's and Counsel's recommendations - consideration of ordinance accepting Truckee Crossroads on and off site water lines - consideration of resolution accepting electrical easements 2. Consideration of ordinance establishing policy for purchase of power and all power producers and cogenerators in compliance with the energy from sm p Public Utility Regulatory Practices Act of 1978 MANAGER'S REPORT 1. $200,000 transfer from General Fund to Restricted Fund for new substation i 2. Status report - Public Employer Personnel Consultants UNFINISHED BUSINESS 1. Consideration of memo of understanding relative to payback provisions - Ponderosa Associates 2. Elimination of private wa ter sources and lines within the District - report by Engineer 3. Review of water use ordinance - possible direction re scheduling public hearing 4. Considerati on of resolution amending Section 14 of the Bylaws 5. Status reports - possible action: a) Martis Valley Substation b) Project 7 9-1, water system improvements c) Boca-Prosser hydroelectric project d) Stampede Dam generating facilities e) Friant hydroelectric project f) Critically deficient Southside Area 9) Temporary mobile office - consider h} Off ice remodeling ation of resolution approving contract specifications and issuing a call for bids 6. Consideration of sale of surplus District land NEW BUSINESS G - consideration of recommendations - possible 1. Electrical distribution equipment award Emergencyenerator - consideration of recommendations -- possible award 2 'on establishing District policy regarding payment 3. Consideration of resolute g of expenses for authorized District business and rescinding Resolution No. 7849 4. Mickels on Media Inc* - request for review of pole rental charges 5. Authorization for Dave Rully to attend seminar session 6. Electrical rate increase - direction re scheduling of public hearing DISTRICT ENGINEER'S REPORT DISTRICT COUNSEL'S REPORT 1. opinion re legal publication requirements Page 1 of 2 Truckee Donner Public Utility District March 16, 1981 Agenda - continued CORRESPONDENCE PLANNING DEPARTMENT NOTICES CLOSED SESSION 1. Discussion of legal and personnel matters RETURN TO PUBLIC SESSION 1. Possible acti on and/or direction resulting from Closed Session ADJOURNMENT CERTI F I CATION fore oin agenda has been posted in the District Office, I hereby certify that the g g g Nevada Count Library, Truckee United States Post Office, Government Center and y arch Branch, and mailed to the Directors and interested parties on Wednesday, M lit 1981. Susan M. Craig, Deputy Distrofct Clerk i i i i i ,s Page 2 of 2 y t. � RESOLUTION fRECOMMMEENDING A ONE YEAR CONDITIONAL OCCUPANCY PERMITZV � I FOR THE RUCKEE CROSSROADS SHOPPING CENTER '4r �S � uck ' s Market- and F.H.K. Investment WHEREAS, Long s Drugs, L �'Co. have submitted plans, sp ecif ications and construction documents of the Shopping Center; and for the construction WHEREAS, said plans, spec '�f icati-ons and construction documents agencies for construction; and were approved by all appropriateg in . WHEREAS, the construction of the Shopping Center is functionally ' • water distribution system supply- the le to a t this time; however, the cop completely operational and use of .in fire flow to the Center i s not A. Y g bein blocked by Don Tourney. a portion of the system isg NOW,, THEREFORE , be it resolved that: • Fire Protection District l. Th e Board of Directors of the Truckee do hereby recommend the issuance of a conditional one (1) year Occupancy Permit subject to the f ollowing: • low required beyond that t a The incremental fire f available is not substantial* b} The back-up supply from the Donner Creek Well be* lab le by the Truckee Donner Public U ti l�t Y made ava • • far as i s reasonable and practical* District t so a c} Access to Donner Creek for drafting purposes be ned b the Shopping Center maintenance* maintained y concerted effort be made by Long' s, d} A continuous and c one e L . K and all others to assure that the Lucky s, F.H. t the - y Street Lou Nest -Rorer St P shall become operational a earliest date* c tion shall be permitted at the Shop_ e} No additional construction o a.- ' Center until the full water supply system is p Shop- ping er envisioned at the time project approvals tional as were granted. i 10 BE IT FURTHER resolved that: Fire . Protection District The Board of Directors of the Truckee • to all reasonable agency efforts their support and assistance _ boo pledge ' ona�. use of the hest River Streetp to bring about the operate �benefit and additional public safety that recognizing the public will result therefrom* Board of Directors of the Truckee PASSED AND ADOPTED by the B . t a meetin herd within said District Fire Protection District, at g l call 19 81 b the following roll on the day of Y vote: AYES: NOES: AB SENT: FIRE PROTECTION DISTRICT TRUCKEE . By ATTEST: r { .niW/ fir SCENARIO W kcsk BE5T APPARENT ALTERNATIVE ACTION O N Per D*J,C. 5 p.m. 3 Gi 8i PLAN O� A � • T.F.P.D. will do the Oliver Henrikson Northbuilt Construction T.D.P.U.D. will do the followin will do the following: Longs, Lucky's Don Toomey will do will, do the followin following:- do the following: ��A" of the Acknowledge the communi- Not contest the Accept Element 1 rights and Provide a release/Quit P et al water system ty wide benefit of the acceptance of the a er work Assign al g Claim to the TDPUD far F.H.K. cmip late Lhc p •is to F•H,K, td entire Toomey Line. • f the benefits ine Exten- facilities as constructed, completed Loop ;c)r acceptance a to the the Toamey L 1 ,t community. )n-si_tc work plus the et al, relating Not contest the accept- Toomey/TDPUD Line sion• Accept Element 'B of the • ork.. ance of the Element .ocal. ff-s�t� �ement A ) Extension Agreement. TDPUD a �F,h,K, et al water system Recommend that an „A�, or Element "B" of �E Provide to the T . facilities as constructed. Occupancy Permit be ;�,�,,,lete tt�c paper work $6,200 Maintenance Bond issued for the k".H.K, facilities Provide a Release/ [or acceptance of the �� �� to the for the Toomey Line. as constructed. rk. Element B ) Quit Claim Accept,the Toomey Line ,)f f-site wo C Toomey Line Extensionis b2 715 as pay- ion as.constructed. Contest the adopt- Accept'It 62 715 $ �• Nc�rtlll�ui $ � ment for the Toomey ion of Exhibit "D" of Pay pa 37,458.50 for Line Extension. Place the water system the F,H.K:/TDPUD Line as per Construction Y $ service, if into operation and certify waters , i p Extension Agreement. Contract. ever desired, for Apply $14,000 in to the County and the 572.5g those parcels shown as 'To accumulated interest T.F.P,D. that the system Pay Toomey $S� omey's on the ace zjs the incidentals to other accounts that can deliver water at a ciated with the Toomey/TDPUD Line rate in excess of 3500 ass° Extension Agreement. Toomey has with North- line extension. built. GPM. Agree not to accept no Not contest the accept- Recommend that an Occupancy M 7 ance of the Toomey or Permit be issued forthwith. c)rc than $37,458.50 as A rebates from those parcels FHK lines by the TDPUD. _ n Toome s Adopt Exhibit "D" to the identified as Toomey/TDPUD Accept the transfer of the To / F.H.K. et al Line Extension as per th Y approximately $14,000 Agreement and record the a Tine Extension Agreement. � of accumulated interest diagram. assignment of the that Northbuilt shows Accept �' charged to the Toomey Toomey/TDPUD Line Exten- g Line to other existing sion Agreement. Toomey/Northbuilt Pay Northbuilt for the Accounts. completion of the Toomey Line. r SCENARIO 13ACK LJP PLAN OF ACTION Per 1�.J.G. fto5 p.m. 3�-(o--8 � D will do the T.F.P.D. will do the Oliver Henrikson ' Don Toomey will do the Northbuilt Construction T•D-l'•U• following: will do the following-. Longs & Lucky s 1lowin : will do the followin : followin till do the f al lowin f o n Hein Accept Element "A" of the After Public Hearing, if work for Oppose all effort to Maintain his fi a g ro riate find that ,ca►nplete the paper West River of and demand upon water system as constructed. app p a • ,t��.nce c�C the oil to make the on Toomey ($62,715 for a period of not to lac •hc�ci _ rk• Street Loop operational. A Y wo Element "B" of the exceed 1 year the avail- Contest the���a��optxon O us the I.00a1 off site + 1 1/2!o mo.) Accept y - " F.H.K. et al water system able firm yield together of Exhibit (f•,lemenL A ) Not be relieved of the • aid for the facilities as constructed. with back-up facilities • obligation Not be p to the apex work for NorthbuilC oblig consisting of the Donner ,.oaiple ,p - the off- ($G2,71S+ 1 1/2%/m.) completion of the Creek Well and engine the ac.eeptanc a c.f Toomey Line (Bridge Agree not to perform any ' on the draft capabilities will i.tc work. Not receive fire flow Work)until the line scheduled maintenance Element "B") rational. Donner Creek Pump until. the be adequate to protect service from the West is operational, the public safety. River 5treet-Line. West River 5t. Loop is Provide the TDPUD an acknow- Be named as a co- operational6 support testimony Led ement of the West River Provide g and a Defend a failure to defendant in any action the public Street Loop necessity n under the brought about as a Schedule Public Hearing on necessity of the West narrative statement of the perform actin g ving the public Necessity of necessity reasons why Scenario Toomey/TDPUD Agreement. result of not �iatree 1 1 Le Y River Street Condemning the Operational River`St. Loop. i.,�c.t�.� the West i'�'�" cannot be accomplished Right to the West River St. Be named as a defendent Loop operational. Loop in the Interest of Recommend that a 1 year at this time. in any action brought p Conditional Occupancy result of Public Safety. about as a - he TDPUD with a Permit be issued at this provide t the West in h not having release of al.l liability Recommend a 1 year Con di_ time. River Street Loop that m.�y ar:i.sc ot�t c,f S�rv�.Ce tlollal, tl.orial Occupancy Permit be ��;t R.LVer Ste opera issued at this time. ry wi,trl7c�ut: Llie WE i,00p• Be exposed as the stick in the spokes of the After Condemning the Acknowledge that the $22,000 Operational Rights to f wheel o community oversize payment is not due West River St. Loop place � f rom the TDPUD until the West progress the total system in opera- 1Ziver Street Loop is opera- Be asked to show cause tion. Lional. why the tenants of the park should be moved After establishing the Opera- . Provide the T.F.P.D. with a pa tional Rights to the West complete narrative statement out in the interest of p safer River St. Loop adopt Exhibit of the factual reasons why public Y "D" to the F.H.K./TDPUD Line scenario "A" cannot be asked to answer to Extension Agreement. accomplished at this time. Be Division of the State Bile against Toomey for Participate in the T.F.P.D Housing why the park failure to perform as per the Waiver Hearing of Tuesday, should not be closed as Toomey/TDPUD Agreement. :3/10/81. a risk to life and public safety. Participate in the TDPUD Waiver Hearing, Monday, .3/16/81. ' [participate in the Board of, W Supervisors' Waiver Hearing. Jointly Participate in the k*ost of Condemnation Proceeding,. a GjNyno from DQi+ALD E. T OOMEY F }< t �j L.)IfS T-Al 4"'J T C o-A-, )(.,**-p4' jot +ram ' D -t • Kf• ' a o r3 c.f C o4 r/cs A+ v 6-5 7—,Or a '4 es -V -s a. Ae a .,4 c. P��r f o�r j t•�.� T-H� �, T rs<s <./ 9 4 f T 1 Truckee F're Protection District � of Nevada (:aunty Post Office Box 686 . jTruckee, California 45734000, G' ' r March 16, 1981 Roberta Huber, Chairman . Truckee Donner Public Utility District P.O. Box 309 Truckee, CA 95734 Dear Ms. Huber: CROSSROADS SHOPPING CENTER that on March 10, 1981, the Board This is to advise you of Directors of the Truckee Fire Protection District, at its regularly larl scheduled meeting, passed two motions related to the above referenced matter, which in substance provide as follows : fired 2 5�� flow to allow 1. A variance from the required Pm fire f g� a firm fire flow ow o►f 2,40 gP m was granted for the present �. existing structures. • o fire flow or occupancy for any �, District approval f • t1 constructed. on the site be delayed building not currently actors related to • the plans are reviewed and all f until fire protection for those additional buildings s are considered. Sincerely, J* v e ope lan Fire Chief sjm cc Fred Katz, FHK Associates Nevada County Planning Department Nevada county Board of Supervisors AV The Truckee F ire Protection District Board of Directors met 0 n ch 1 0, 1981, in the Recreation Room in regularo sessi on Mar owntown. Truckee at 12030 p.m* of the Station I Firehouse in d THE MEETING WAS CALLED TO ORDER BY CHAIRMAN TILTON AT 12 :42 p.me Directors Present *0 Affeldt, Aguera, Everett, Tilton, Tonini Assistant Chief Daly Employees Present : Chief Copeland, Ass* Captain Parkhurst, Captain Osburn Secretary Moutinho Guests Present : Dan Cook, Civil Engineer (TFPD) Richard J. Schneider, Attorney Unson, Attorney (TFPD) Cod. 1 Brent P. C0 Fred M. Katz, FHK Investment Co. Gary Ward, Lucky Stores Stephen Kirkpatrick, FHK Investment Co. David Shie lds, Attorney (Longs Drugs)PUD) Jim Porter, Attorney (Truckee-,Donner MPLETE DISCUSSION OF FOR CO THIS MEETING, REFER TO CASSETTE TAPE DATED MARCH 109 1981, REGULAR BOARD MEETING MINUTES* Minutes held on February 10, 1981 A]2proval of MonthLL Meeting • Having reviewed the minute s pr*or to the meeting, Director Affeldt made the motion to accept them as submitted. The motion was seconded by Director Everett. M/C Review of Financial Report The Board of Directors reviewed the financial report for February 1981 noting that the District received $81,998. 37 in taxes for the month of January* Approval of Monthly- Warrants Having reviewed the list of monthly warrants prior to the start of the meetingv Director Tonini made a motion to pay all warrants presented. After reviewing the list, Director Affeldt seconded the motion. M/C Chief' s Report Month-ly.-Fire Calls Ch ief Copeland reported that the fire call count was down by quite a bit in February. Ile stated that it has been a very quiet month with no major incidents* Page 2 Status and Train* Volunteer raini..�.. oard that the training i.ning in February Chief informed the' Board 1D and R1. training on bas�.cs of units S, • . was a good tra g as a suppression drzll in March is planned PP The Training Rivers�.de Drive. The structure on an old structure can Southhe property Department since the owner of t p F Y was offered to the P remains at 24. wishes it destroyed* The number of volunteers E ui vent ReRort all o f the equipment i s running _ Chief Copeland reported that � . P , in good condition. . Copeland how the new Fire Marshal Chairman Tilton asked Chief Cop in • Chief Copeland stated that everything .. is working out sa far. C P this i s working out great and that Don is away at school at time. Chan Re in Lgenda, Because of the number of guests present at the meeting for ender the Board decided to change the g discussion on x.tern 8B� to accommodate the aforementioned item at this time Truckee Crossr oads Shoppin&Center Fire Flow d the Board if Dan Cook., an Chief f Copeland asked Engineer, open, fore he makes .. . The Board asked , f Mr. Cook, be this discussion. , • in- the entire problem so that all his presentation, could expla k F completely aware of the �.ssue. Mr. Coo Board Members are comp y entat i.on. summarized rued the issue and then made his prey s�.on between all�. parties s involved, After considerable discus felt that • Board asked Chief Copeland if he the Fire District 0 structures, would the should a fire occur with the ex�.st sting stru � shou it wa.th. the available 2,400 District be able to extin ulsh f ow. Chief Copeland stated that he gallons per minute fire fire in g r confident this District could extinguish a was very conf i•d available f ire flow. shopping center with the presently aver the pP g he bass his statement solely Chief Copeland stated further that structures ctures further development of s on the existing stru t any are not included in his statementlo Cook resented to the Board (Copy filed In the packet that Dan Co ,P � titled Minutes)s was a resolution.o lut ion. The resolution was with M ) it for the "Recommending commend in a one year cond it ions�. occupancy pe rrn lte S Shopping Center. It was the unanimous Truckee Crossroads pP g n such a decision o f the Board that they dial not want to s�.g ion. I t was discussed that since the Fire District re s a lut • l.ow, for the existing structures only, req ii rement for fire f A Page 3 site of discussion, 2,�4 to 2,500 pm and at the District was figured ossibi�-ity of the ' resentl ava�. able, the p gpm is P Y lo0 m seemed much more Board granting ing a variance for gP des i.reable. question of who was it that or Af fei.dt brought up the q would have Director center that the fire flow put in the E IR for this center Tilton P question was answered by to be 3,000 gPm. his � Unlit District that Truckee Donner Public y who informed him t a brief explanation* submitted tha t t information. Dan Cook offered discussion,• or Af fei.dt made the moth-on further Direct Sho in After for the Truckee Crossroads PP g ;that we grant a variance m f i.r�n, a 50p m required to the 2,400 gP Center from the 2, gP 1t�0 gpm variance, based for the present ex �, t existing fire f low e Seconded by p on the opinion that there is adequate Director rector Tonini. M/C that "no further fire f 1 ow Director Af f e ldt made the motion t . D�rec • be antisi. ated at this time for an additional bu�.idzngs P brought Y reviewed and all factors are g unt i 1 those plans are M/C �.n w Director Aguera seconded the r�ot�.on• OLD BUSINESS District Policies for Board of Directors Moist inh o to put this item on next The Board asked Secretary' a enda s o that each Board member can have a little month s g longer to study the policies. Fire Sprinkler Ilook-u Fees the T ruckee--Donner PUD Copeland d the Board that Land informed date* Chief p n the subject a s o f this s d t taken an .� Board has no �' action o Inter Countv Title Buildin . getting the building Locked is now in. the process o f ge g The County that it . should be ta M ng- place P legally u le all and Chief stated t hopefully shortly. NEW BUSINESS Preliminaryfor Fiscal Year 1981 S2 Budet the preliminary imin.ary budget burn informed the Board that p ed Captain Os 981. Captain osburn also Inform o be adopted by May 15, �- P them today, has t P budget as presented to Y the Board that the preliminary g ; increased has been �. • sed 12% over last year s budget. Page 4 At Captain Osburn exp.lained where most Of the changes occurred Chairman Tilton stated that he and under which categories* 1 would like to see a cap showing the categories in which the imating District over--budgeted and underwbudgeted last year, est* the costs in each category that the District has yet to incur for the remainder of the year (f iscal year)* Purchase Order Noe 69 Chief Copeland explained to the Board that this purchase order 0 signed at the last meeting is replacing PO No 68 which they uite adequate to Ht but that equipment was found to be not I the needs of the District. This PO is 7or approximately the I coder to allow the same equipment with the add* tion of an en receivers to operate in coordination with our present systeino Affeldt made the motion to sign the new purchase -Director 0 order, No. 69, to replace the previously signed No* 680 Director Aguera seconded the motion* M/C Ad j ou rrun-en t With no further business to come before the Board, Director Affeldt made a mot ion to adjourn the meeting. Director Aguera seconded the motion- M/C T TRUCKEE DNNER PUBLIC UTILITY DISTRICT POST OFFICE BOX 309 TRUCKEE, CALIFORNIA 95734 TELEPHONE 587.3896 March 16, 1981 MEMORANDUM To: Gene Holt, General Manager From: Mary Chapman, Office Manager Subject- General Funds Transfer to statement of General Funds transactions Attached please find an up to date d, Also Time Deposits and Local Agency Investment Fun relating to Public p included is a statement of Restricted Funds thru December 31, 1980. its which have Board imposed restrictions Below I have listed the time deposits which could be released in order to come up with the necessary funds to complete the substation. They are: 1 , $ 479124.57 REA Loan Proceeds This amount represents loan proceeds which were rece ived ved as reimbursement for electric capitalimprove- ments mprove- me nts ty o the system and paid for out of the General Fund. This amount was deposited to Restricted Funds to be used for further capital improvements in the tric de artment and is a self-imposed restriction. � elec p 567.48 Sierra Pacific Power company Refund 2. 1.27, It has been discussed that this amount would be kept on deposit and used to help pay for the substation. It too, is a self-imposed restriction. 3. 13,01I..92 Donner Lake Purchase - Deposit per loan agreement The actual amount of this fund is $39,,468.92. The loan balance is $26,457.00. $187,703-97 Approximate total of funds available l/l/8l l 12,29pp 6.03 Approximate amount needed from General Funds $3005000-00 e above funds for the purpose In order to earmark any of the of Electrical vements the Board should formally release the restrictions as Capital Impro � i of l it/8l and authorize the transfer. This will amount to a book entry only, as the funds are already restricted. cc: Bookkeeping s T RU C KE E DONNER PUBLIC UTILITY DISTRICT 'Ilk STATEMENT OF GENERAL FUNDS INVESTMENTS - Thru March 16, 1981 e Brou ht Forward: October 24, 1980 $425,032.67 Bat anc 9 Transfe rs to & from General Funds checking account: Surplus Funds $151215000-00 171 000.U0} Transfers back k to cover accounts payable Transfers to Restricted Funds: Water Dept retained earnings to FmHA p ( 64,851.19} Revenue Fund 36 066.69) transferred to restricted funds Interest t 31,350.00} Facilities es fees to restricted funds � West River Street Assessment Distract - Fund � 18,i 53.13} transfers to Redemption Reserve for Future Water Meters 19,842.34) Ending Balance - March 16, 1981 $232,1763.32 d balance is currently invested as follows: The above fun $ 43,151.28 Public Time Deposit Local Agency Investment Fund $1895612.04 TRUCKEE -DONNER PUBLIC UTILITY DISTRICT STATEMENT OF RESTRICTED FUNDS Thru December 31, 1980 Total Total Principal on De os i it Additions Interest P on Deposit i Additions 9/30/80 Fund 12/31/79 & Transfers No. Description ------ - Hi h services $ 885368.65 $ 11,742.79 $100,111.44- 136.01 Dart 9 settlement 56 875.00 55246.84 62,121.84 136.02 Dart -- Pipeline to Soma a Sierra tank 5,268.73 44 9916.15 136.03 READeposit - per loan 395647.42 agreement SPPC - Donner Lake purchase 34,839539 45629.53 39,468,92 136.04 Deposit per loan agreement Dart - $40 per lot -- all 240,750.26 32 000.00 29,629.38 262,)379.64. 136.05 units ndisbursed 2,655.66 1.69} 353.08 31007.05 13fi.a6 SPPC - U Refund checks REA -- Loan proceeds 4I,596.62 55527.95 479124.57 136. 10 136.13 Facilities zties Fees 505202.18 48 490.00 9,190.18 1075882.36 Reserve far future meters 225391.35 51376.56 21991.92 315758.53 136. 14 Truckee Reserve for future meters 24,353.34 13,465.78 3,255. 19 413074.31 136. 15 Tahoe Donner SPPC Refund - 1/79 112,fiO3.84 145963.64 1275567.4E 136.18 74 464.30 1,497.62 75,961.9t 136.51 F���fA -- Revenue Fund s 14,800.0a 148.33 148.3: 13fi.52 FmHA - Note Fund 8 a.00 (14, 0 ) 136.53 FmMA - Reserve Fund 1,480.00 74.93 15554.9; 545,01 5.61 550.6� 136.54 WRSAD - Redemption Fund $6175408.71 $2335694.96 $94,525.72 $9459629.3( s currently invested The above fund balance • as follows: Public Time Deposit $8165848.7 � Local Agency Investment $128,780.6 Fund -' i.., ,.... ago VMS March 17, 1981L-1 : ..... t 1981 To: BOARD OF DIRECTORS TRUCKEE-DONNER PUBLIC UTILITY DISTRICT COUNSEL; E. SIMON, DISTRICT FROM. DAMES JORN M. PBELPS, ASSOCIATE COUNSEL RE: PUBLIC UTILITY DISTRICT/TAPE RECORDING of MEETINGS ADD SUBSEQUENT DESTRUCTION OF TAPES ' We were asked to research and determine whether the Public • tape-record meetings of the Board, store the Utility District is free to tape reco 9 y • meeting are transcribed, and then destroy tapes while the minutes of the � • my understanding that during the peri �s the tapes . It od that the tapes � • the public i c upon reasonable notice , are stored they would be avail to P that an official transcript of each and it is my further understanding t • es and stored permanently in a board meeting is prepared from the tapes minute books set forth above, it is my conclusion that Under the circumstances the board 'is free to tape record its meetings, make the tapes available • destroy the tapes after they have been for publ*c inspection, and y transcribed& We reviewed a number of State laws governing the conduct of creation and preservation of public meetings of publ •c agent les , the� tion of public records. we did not discover records, and eventual destruc P any statute or other rule which would prevent the District from lts meetings and subsequentlyuently destroying the tapes after tape-recording MWIN � they are transcribed* provisions We reviewed all of the Public Utility District Act, Public Utilities Code Section 15501 et seq , and we discovered no • Board' s to -recording of meetings and subsequent restriction on thePe s Section 16071 provides that the Board shall destruction of tape . . establish rules for, its' proceedings, provide for the time and place of p g meetings, and provide that all meetings are open to the public. No other • provision of the Public Utility District Act restricts the manner in which meetings are conducted or recorded. Section 16072 provides that the Board shall act onlyby ordinance or resolution, and it is MY understanding that District resolutions and ordinances are permanently maintained in the District's minute book. We carefullyreviewed the provisions of the Brown Act, Government q Code Section 54950 et seq, which Act provides that all meetings and deliberations o g f local agencies, including such agencies as the Public Utility District, P be open to members of the public. The Brown Act contains no restriction on the District' s ability to tape record its meetings and subsequently subse uentl destroy the tapes after they are transcribed. reviewed all the provisions of the California Public Records We rev Act, Government code Section 6250 et seq, which Act provides generally that public rec ords of state and local agencies , including the Public Ut�' �.ity District, shall be open to inspection at all times. This Act . ' contains no restrictions on the District' s ability to tape record its meetings and subsequentlydes troy the tapes after they are transcribed* -2 r-- We reviewed Government Code Sections 26200-26205.7j, which statues deal with the right of the Co unty Board of Supervisors to destroy various county records. These statutes prov ide fa irl y detailed procedures for the destruction of record s . We note , however , that Government Code Section 26201 provi'des that the County Board of Supervisors. may at any t •ime authorize the destruction of any duplicate record , paper or document , as long as the original or a permanent photographic reproduction is contained in the county f iles , Although none of these sections , i ncluding Sect ion 26201, are directly applicable to the Public utility District, Sect ion 26201 does indicate that it is acceptable for count • ies to destroy dupl icates of records as long as an original record is on file. Since the Public Utility District maintains official written minutes in its minute bookil the tape-recordings of its meetings could be likened to duplicate minutes , the destruction of which would be permissible if Section 26201 were applicable. We also reviewed the State Records Management Act, Government Code Sections 14740-14768 . This Act, which does not apply to the District, provides detailed provisions for the maintenance and eventual destruction of State records, This Act does not restrict the Public Utility District in any way. Government Code Section 6200 makes it a criminal offense for a public officer to destroy public records. Section 6200 provides: Every officer having the custody of any record map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his hands for any purpose, who is guilty of stealing, willfully destroying, mutilating, defacing, altering or falsifying, removing or secreting the whole or any part of -3- • such record, map, book, paperr or proceeding, 6 or who. permits any other person to do so, is punishable by imprisonment in the state prison for two, three, or four years. Government Code Section 6200 has been held to apply to many different types of public records. For instance , in People vs.---Sperl (1976) 54 4 Cal .App. 3d 640, a county marshall was convicted of willfully destroying certain radio logs that were in his control * In People vs . Pearson (1952) 111 Cal ,App. 2d 9 , a captain in the sheriff' s department was 0 al vice convicted of destroying records he had prepared while making sever invest igat ions. In Pearson the defendant argued that his records were not "public r ecords" within the purview of Section 6200. To this argument the court responded: The contention that the papers removed were not public records is a mere quibble. They were kept by the sheriff's office as evidence of what had been done, of what was to be done and proof of activities of those elements against whom the law-enforcing agencies could be on the alert. . . . Such documents are confidential public records and because of public policy are entitled to the protection of the statuteo , * ,A paper written by a public official in the performance of his duties or in recording the efforts of himself and those under his command or written plans of future work is a public record and is properly in the keeping of the office* * * * ill Cal,App.2d at 18. The minutes of the Public Utility District's deliberations quite possibly are #$public records" under Civil Code Section 6200, If an officer of the District willfully destroyed the tape-recordings and the written minutes of the District' s deliberations, a violation of Government Code Section 6200 might arguably occur . Since , however , the District will at all times maintain permanent written minutes of its deliberations, we do not -4- believe any criminal liability could result under section 6200 upon the destruction of the tape-recordings of the District's deliberations. In �. indicate addition, the cases i e that section 6200 has been enforced only when an official deliberately ate . destroyed records to advance his own • destroy harmful evidence against himself. interests or to Y s my conclusion it i u �. s ion that the Public Utility District is free to ns and subsequently destroy the .apes so long as record its deliberations � permanent written minutes of its deliberations are maintained and as long as the secretary or a simi lar officer certifies that the written minutes are accurate minutes of the District's deliberations. During the time ' stored the should be open to public that the tape--recordings are Y • wishing to inspect them should be permitted to 3nspectlon, and any person g compare the tape-recordings ecordin s to the actual written minutes that are maintained by the District. TRDC ICE E -DONNER PUBLIC UTILITY DISTRICT POST OFFICE BOX 309 TRUCKEE, CALIFORNIA 95734 TELEPHONE 587-31896 MEMORANDUM DATE: March 11, 1981 -TO: Gene Holt, General Manager FROM: Bob Slattery, General Foreman SUBJECT: Cut-out Arrestor Combination Device Bid Attached and below are the bids for the 1981 supply of Cut-out Arrestor Combination Devices. Supplier Manufacturer No. Each Total 1. North Supply Co. Mc Graw Edison 100 $ 40-05* $ 4r005.60 North Supply Co. Mc Graw Edison 88 47.20 4,153.60 2. Gray bar Electric Graybar 88 $ 75.60 $ 6,652.80 3. May dwell & Hartzell Kearney 88 $ 57.75 $ 5f082.00 4. General Electric Mc Graw Edison 88 $ 49.95 $ 4,395.60 5. Western States Joslyn 88 $ 45.75 $ 4,026.00 6. General Pacific Joslyn 88 $ 58.00 $ 5,104.00 7. Wedco Mc Graw Edison 88 $ 52.00 $ 4,576.00 The bid specifications called for 88 units and as you will note, bidder number 1, North supply Company, bid on 88 and 100 units, and was the low bidder for both total units. I would recommend that we accept the 100 unit bid on a 21 day firm price and let them do the warehousing for us. RES/nj TRUCKEE-DONNER PUBLIC UTILITY DISTRICT POST OFFICE BOX 309 TRUCKEE, CALIFORNIA 95734 TELEPHONE 587-3896 MEMORNADUM DATE: 'March 11, 1981 TO: Gene Holt, General Manager FROM: Bob Slattery, General Foreman SUBJECT* 1981 Meter Bid Analysis The following Suppliers are the low bidders per attached Schedules A through I. Each No. Total States es Electric Western MS 200 $. 22-90 576 13,190.40$ Duncan Type B General Pacific, Inc. $ 33-90 4 $ 135.60 Duncan Type MS 4S C General Pacific, Inc. $ 35.75 4 $ 143.00 Duncan Type MS E 320 D Maydwell Hartzell, Inc. $ 64.00 48 $ 3r072.00 Sangamo Type S12S E General Pacific, Inc. 85.20 4 $ 340.80 Duncan Type MT 12S-100 $ F General Pacific, Inc. $106.55 4 $ 426.20 Duncan Type MT 12S-200 G - General Pacific, Inc. $158.40 20 $ 3,168.00 Duncan Type MT 16S-208 i H - General Pacif 1c, Inc. $158.40 .4 $ 633.60 Duncan Type MT 16S-277 I - General Pacific, Inc. $135.30 4 $ 541.20 Duncan Type MT 9X The above meters meet specified requirements with satisfactory deliveries and 1981 price protection RES/nj TRUCKEE-DONNER PUBLIC UTILITY DISTRICT POST OFFICE BOX 309 TRUCKEE, CALIFORNIA 95734 TELEPHONE 587-3896 MEMORANDUM DATE: March 12, 1981 TO: Gene Holt, General Manager FROM: Bob Slattery, General Foreman SUBJECT: Pad Mounted Transformer Bid Attached is an analysis showing the initial bid costs (Column and the bid costs plus transformer loss costs over the life of the trans- former (Column 2) . The low bidder was North Supply company with Westinghouse Transformers, based on a firm order within 21 days of the bid opening date and a one shipment deal. This one shipment deal is okay, as we will have use for the transformers this summer and fall. RES/nj i I PAID MOUNT TRANS S YEAR. WESTERN STATES RTE AL ' G.E. SUPPLY GRA . '�`�." RTE C. �- COST COST LOSS LOSS COST CO LOSS COST BOSS COST KVA LOSS 101.95 $ 11004.00 $ 2,090. 10 015.00 $ 2,101.70 $ 1,015.25 $ 2, x3 x3 1 864.63 $ 954.00 $ 1r882.9) $ �-� x3 x3 ?5.�?40 $ 1,033.00 $ x3 x3 x3 . x3 x3 x3 .- �, 3 045.00 $ 61 305.10 $ 3,045.75 $ 6 305.8� $ 3,012.00 $ 6,272.1 Total $ 31099.00 $ 5 593.89 $ 2,862.00 $ �,648. �-� $ , 1,131.00 $ 21771,43 21783.43 $ 1,143.65 $ 2,784.06 x3 1,145.00 $ 2,962.G0 $ �t,143.00 $ x3 x3 --�:� .l 42 3.OC $ 2,920.85 $ x3 x3 x3 �U �.a $ , x3 X3 �. x3 1 i 3 -� c 8,352.24 393.GG $ 81314.29 � � 3��2g_00 $ 8,350.29 $ 3,4�0.95 � �otal $ 4, 269-00 $ 8r762.55 $ 3r435.GO $ 818�,6.00 Y r _ 1 3 935.91 $ 11177.00 $ 31923.16 1, 1 189.00 $ 31935.16 $ 1,189.75 $ x3 1 ,- 1 405.00 $ 3,817.77 $ � x3 x3 x3 l 15--24 0 $ 1,u0�.00 $ 3,817.77 $ x3 x3 x3 � x3 x3 1 X� �'11 8C}7.73 $ 3,531.Ct� $11,769.48 t 4 215.00 $11,453.31 $ 4r215.00 $11,453 .31 $ 31567.00 $11,805.48 $ 31569.25) � , To,�a 1 � r �� 5.82 $ 91936.00 $261355.87 �' -�i�3D -;. � C�41.OU $26,460.87 $10,045.95 $�.�,46 G R.� T 1 � 0 251 8G9.75 $10,512.00 $25,93 .10 $ �• vTAT.. �11,�8 3.0 $ 1 1 PAD MOUNT TRANSFC • NORTH SUPPLY NORTH SUPPLY WESTERN STATES WEDCO MC GRAW EDISON WESTINGHOUSE WESTINGHOUSE MC GRAW EDI SON TOSS COST LOSS KVA COST KUHLMAN LOSS COST LOSS COST LOSS COST 1-i 5)7-11-.78 $ 795.00 $ 2150'-2.78 $ 833.00 $ ly903.70 25 $ 996-00 $ --)1218.92 $ 843.00 $ 11913.70 $ 804.00 $ 21 x3 x3 x3 x3 x3 # x3 x 3. x3 X3 x 3 71-715.34 $ 21385-00 $ 7r688.-n)4 $ 214.99.00 $ 5f711-10 To-,L--al $ 21988.00 $ 6165D6.76 $ 2,529-00 $ $ 21412.00 $ $ 1f013.00 $ 21811-09 $ 970-00 $ 31817.10 $ 958.00 $ 3,805-10x3 11025.00 $ 2,823.10 X'� x3 50 $ -Lfilo.00 $ 31245.95 $ -1 X3 x3 x3 ;-I x3 x3 x3 Tr 4 2 874.00 $1-1,41.5-3 0 $ 3rO39-00 $ 8,433.27 5 3 0 $ 1 Total $ 31320-00 $ 9,737-85 3107-"-.).00 $ 8 1 4 6 0-/ '33 0 $ 219-1,0-00 $11, 790.33 $ 3 94 3.73 1,264.00 $ 4,489-08 1,250-00 $ 4,475-08 11292.00 $ 31/ x3 75 $ 11303-00 $ 4,418.43 $ 11307.00 1 ,- x3 x3 -- x3 --- X3 xn 3 x3 x # X , "I I 70 $ 3 909.00 $13..255.29 $ 31921-00 317/92-00 $.131467.24 $ 3,750-00 $13,425.24 $ 31876-00 $1 3/ .99 Total GRAND $32,633-88 91009.00 $32,528-88 91414.00 $25,51-5.36 TOTAL $10f227.00 $29,649-90 91.525.00 $2610-'t`1 -59 $ 91114-00 %L TRUCKEE-DONNER PUBLIC UTILITY DISTRICT POST OFFICE BOX 309 TRUCKEE, CALIFORNIA 95734 Y TELEPHONE 587-3896 MEMORANDUM DATE: March 12, 1981 TO: Gene Holt, General Manager FROM: Bob Slattery, General Foreman SUBJECT: Vole Mounted Transformer Bid s an analysis Attached • showing the initial bid costs (Column 1) and �. the bid costs Plus transformer loss costs over the life of the trans- former (Column 2) . The low bidder was North Supply Company with Westinghouse transformers, based on a firm order within 21 days of the bid opening date and a one shipment deal. The second lo w bidder was the RTE Corp. with satisfactory delivery increments throng the last three quarters and on the basis of need. «s o storage space or immediate need for seventy Inasmuch as we have n g transformers, I would recommend that we purchase from the RTE Corp. and, order for third and fourth quarter delivery. RES/nj POLE MOUNT TRi- )BID WEDCO WEDCO WESTERN STATES PACIFIC KUHLMAN RTE GENERAL WESTINGHOUSE MC GR.AW EDISON LOSS COST LOSS COST LOSS COST LOSS KVA COST LOSS COST 719-00 $ 11805.39 $ . 445-00 $ 21,f 236.00 $ 11970.8-� $ 579-00 $ 11578-96 $ X30 x30 x30 -7 C) $ 11539-00 574-00 x30 25-240V $ 8.00 x30 x30 -- x30 x30 x30 -.-x30 $ 13,350-00 $ 67 1080-00 0 $ 54,161.70 -No.0 0 $ 59,124-90 $ 17,370.100 $ 47,368-80 21 .00 Total $ 21r/240.00 $ 46.1 1-110.00 $ $ 594.00 $ 2R14-70.16 806-00 $ 21 1)r, $ 2,155-00 $ 775.00 $ 2-1326.28 $ 8300.00 $ 2f112-86 $ x25 x25 -X-2 5 --------------�- 37-240V $ 7228-00 '5 x25 x25 X25 TM x25 -------------- 1/754-00 x2 5 $ 61 (%, -)C) 1 50.00 $ 59,208-50 $ 141850-00 53rl57.00 $ 20,750-00 $ 52j821.50 $ -1-9137/5.00 Total $ 18,200.00 $ 53r875-00 2,933.20 685.00 $ 31026.23 825-00 $ 21600.65 X6 x6 $ I.,r- x 50-240V $ 11.16-54.00 $ 21651-85 $ 825.00 $ 21600-65 X6 - X6 X6 x6 x6 x6 $ 18y157.38 ------------- -I Z.,6.0 0 $ 17,599.20 4,110-00 $ 15,F911.10 41950.00 $ 15r603-90 4,950.00 $ 15,603-90 $ $ 61924-00 y Total 2128-3.21 $ 1,660-57 $ 505D 00 264 $ 446-00 X6, n86.00 X6 586.00 $ 11 ,660-57 x6 X6 25-480V 7/20-00 $ '08 X6 x6 x6 x6 x6 X6 ----------- $ 13,699-02-6 I- 1. $ 91963.42 $ 31030.00 $ 13,586.88 $ 21676-00 Total $ 4,320-00 $ 9 8 --/3 16.0() 91963.12 $ 3tn16-00 $ 2,842.85 $ 594-00 $ 2,622.40 <� 21240-00 677-00 $ 21240.34 $ 674-00 x3 x3 X3 37-480V $ 728-00 $ 2 r-13 0 3 8 677.00 x3 X3 X3 x3 --- - 1i x3 x3 x3 TT -) " $ 11782-00 $ 71867.20 1-1-91.14 $ 21031-00 $ 61720.00 2,031-00 $ 61721 815JI- 8.5 -02 $ 21022.00 $ Total $ 21184.00 $ U -5 $ 36,768-00 $168,557.84 G PA N D $ 1f.98 9.7 2- $ 47,092-00 $149,569.22 $ 48r617.00 $132,478.64 $ 52,118-00 $153,084.83 TOTAL $ 52,868-00 POLE MOUNT-7 TRANNSFOIR,17,1PER BID GRAYBAR WESTERN STATES �,410RTH SUPPLY G.E. SUPPLY GENERAL ELECTRIC NORTH SUPPLY GENERAL ELECTRIC MC GRIAW EDISON W-ESTINGHOUSE GE1,TERAL ELECTRIC COST LOSS COST LOSS KrVA CAST LOSS COST LO Sw S COST L0*-."-./ $ 1t606.59 614-05 11606.64 607.00 $ 1,599.59 $ -'5 6 0.0 0 $ 11903.70 $ 614.00 x30 x30 X30 x30 25-240V /22.00 $ lf723.48 x30 x30 x30 x30 -a x-'.)"0 x30 Tt J $ 18f421-50 $ 48 199.20 $ 18,210.00 $ 47r987/-70 Total $ 21,660-00 $ 51r704.40 $ 16,800.00 $ 57t111.00 $ 18,420-00 $ 48f-L97.-17 0 181.21 21189.21 $ 7 3 8-1-5) $ 2fl89.36 $ 730-00 -L $ 1088.86 $ 738-00 x 2 5 37-240V $ 810.00 $ 218722.34 $ 306.00 x25 x25 . ................ U x25 x25 x25 x x2-,) 5 54t7 - $ 18,250-00 $ 54,530.25 Total $ 20,250-00 $ 71t808.50 $ 20,150-00 $ 52f0c-21.50 $ 18,450.00 $ 30.25 $ 18r453.75 $ 54,734-00 $ 2,693.8 $ 935-00 21 iO4.82 $ 935-50 f705.32 $ 924.00 $ 219371.00 $ $ X6 x VO 50-240V $ 8195.00 - X6 XOO x6 x6 # x6 X0 x6 Total $ 51 6-1.0-00 $ l6r228-92 5f613-00 $ 16,231-92 $ 51544-00 9 $ 16,162. 370-00 $ 17,622.00 $ $ $ 512 $ 5r-- $ 614-00 5-5-9.5 4 614-05 lt559.59 607.00 25-480V $ 507.00 $ 2-1266-148 $ x6 x6 x6 X6 x 6 x6 x6 x6 x6 # $ 3,684.00 9,357.244 3t684.30 $ 9f357.54 31642.00 $ 91315.21-4 Total $ 31042.00 $ 13,598-88 $ 738.00 $ 2,4200.28 $ 738.20 $ 21200.48 730.00 $ 21192.28 37-480V $ 677-00 S 21845.85 $ $ $ x3 x3 X3 # X3 x3 x3 x3 x3 x3 X3 - $ 61576.84 Total $ 21031-00 $ 8,537.55 $ $ $ 2,214-00 $ 61600.84 $ 21214.60 $ 61601.44 $ 2,190-00 GRAND $ 48,378.00 $135,114.95 $ 48,387.15 $135,124.10 $ 47f836-00 $134,57 2.95 TOTAL $ 52,353-00 $163,271.33 $ i r 1° POLL MOUNT TRANSIF'ORIMER BID MAYMIELL & HARTZELL NORTH SUPPLY HOWARD IND. WESTINGHOUS.E K"JA COST LOSS COST LOSS 25--240V $ 422.00 $ 21 002.82 $ 560.00 $ 1,559.94 x30 x30 x30 x30 60,084.60 $ 16,800.00 $ 46,798.20 Total $ 1.2,660.00 $ z f 37-240V $ 611.50 $ 2f766.59 $ 806.00 $ 21 088.86 _ u x25 ,� x25 x25 x25 - --- Total $ 15,287.50 $ 69,164.75 $ 20,150.00 $ 52,221.50 50-240V $ 637.90 $ 3,298.67 $ 799.00 $ 2,574.64 . x6 - x6 x6 x6 Total al $ 3,827.40 $ 19,792.02 $ 4,794.00 $ 15,447.84 25-480V $ 432.50 $ 2,106.60 $ 568.00 $ 1,642.57 U x6 x6 x6 x6 r --�- Total $ 2,595.00 $ 12,639,60 $ 31 408.00 $ 9,855.42 37-480V $ 592.50 $ 2,289.20 $ 655.00 $ 2,218.34 x3 x3 x3 x3 Total $ 1,777.50 $ 6r867.60 $ 11 965.00 $ 6,655.02 � GRAND 36 14?.40 $168,548.57 $ 47,117.00 $1301 ^7.98 TOTAi, $ i ER PUBLIC UTILITY DISTRICT TRUCKEE UCNI� RIC � POST OFFICE BOX 309 TRUCKEE, CALIFORNIA 95734 TELEPHONE 587-3896 MEMORANDUM DATE: March 12, 1981 TO: Gene Holt, General Manager FROM: Bob Slattery, General Foreman SUBJECT: Triplex Service Wire Bid The following are the bids for the 1981 supply of #2 and #2/0 Triplex Cable. SUPPLIER (PER M) #2 (PER M) #2/0 $ 344.00 $ 669.00 Wedco General Pac if is $ 318.90 $ 620.00 Western States $ 318.00 $ 624.00 * (A) $ 297.00 * (A)$ 574.00 G.E. Supply * (B) 325.00 * (B) 617.00 North Supply PE (A) $ 290.00 (A)$ 565.00 � (B) 307.40 (B) 598.90 XLP (A)$ 310.00 (A)$ 576.00 (B) 328.60 (B) 610.50 �.. Gr aybar XLP $ 286.02 $ 555.57 that we urchase our requirements from Graybar, They I would recommend p are a Reno based distributor and they have no restrictions relative to delivery or price clauses. RES/nj TRUCKEE-DONNE R PUBLIC UTILITY DISTRICT POST OFFICE F30X 309 TRUCKEEs CALIFORNIA 9S734 TELEPHONE 587-3896 MEMORANDUM DATE: March 12, 1981 TO: Gene Holt, General Manager FROM: Bob Slattery, General Foreman SUBJECT: Generator/Alternator Bid Below and attached are the quoted prices and specifications that we requested from the distributors for the various sizes of Generators. SIZE MFGR. 712 KW 10 KW 12.5 KW 14 KW 15 KW 20 KW Onan $4158-16 - $5225-51 - $5797.00 - Engine Power - $9001.00 - $9433.00 - $11454.00 North Supply $3867.23 - $4960.38 - $5520.63 williams & - NO QUOTE - Lane RES/nj slam C E - March .7, 1-981 TRUCKEE DONNER P.U.D. TO: y------------s-B-GARD----.0E--Dj--R-ECT0Rs TRUCKEE--DONNER PUBLIC t � UTILITIES DISTRICT FROM* JAMES E. SIMON, DISTRICT COUNSEL; JOHN M. PHELPS, ASSOCIATE COUNSEL CT; USE OF TAHOE WORLD FOR PUBLICATION RE: PUBLIC UTILITY DISTRI , OF NOTICES You asked that we research and determine whether it would be • PUD to use the Tahoe world, rather than the Sierra Sun, possible for the for the publication of legal notices. Section 16075 of the Public Utilities Code provides: No ordinance passed by the board takes effect less than 30 days after its passage. At least one week before the expiration of said 30 days copies of the ordinance shall be posted by the clerk at three public places at the district, and if there is a newspaper of general. circulation P tinted and published in the district, the ordin- ance shall be published in the newspaper pursuant to Section 6061 of the Government Code. "newspaper of general circulation's is a term of art and is The term newspaper defined in Section 6000 of the Government Code: A "newspaper of general circulation" is a newspaper published for the dissemination of local or telegraphic news and intelligence of a general character, which has a bona fide subscription list of paying subscribers, and has been established, printed and published at regular intervals in the state, county, or city where publication, notice by publication, or official advertising is to be given or made for at least one year preceeding the date of the publication, notice or advertisement. t Code Section 6027 provides that a newspaper is not of "general Government �l� circulat•ion unless it has obtained a judicial decree establishing it as such . Therefore , it is not sufficient that a newspaper meet the requirements of the Government Code appl icable to "newspapers of general circulation, it must also obtain a court decree establishing it as irculation, " ; such. In separate telephone calls to the Tahoe World and the Sierra Sun we were informed that the Tahoe World has obtained a court decree establishing it as a newspaper of general circulation in Placer County only, and that the Sierra Sun has obtained a similar decree with respect to Nevada County only. Apparently neither newspaper has obtained a court decree with respect to the Public Utility District itself. It is doubtful that the Tahoe World could meet the strict requirements of Government Code Section 6000. Thus,, it is not "printed" in the district; it is actually printed in South Lake Tahoe. On the other hand, the Sierra Sun cannot meet the strict requirements of the Government Code , as it is also printed in South Lake Tahoe. If, as the Sierra Sun indicatesr it has obtained a court decree with respect to Nevada county, then the standards of Section 6000 must not be strictly applied. it might, t herefore, be p ossible for the Tahoe World to obtain a court decree with resp ect to the Public Utility District even though it does not meet the strict requirements of the Government Code* Although apparently neither the Sierra Sun nor the Tahoe World has obtained a court decree with respect to the Public Utility District, since the Sierra Sun has been used consistently for some time, we believe there would be some risk in shifting to the Tahoe World before the Tahoe World has obtained a court decree with respect to the Public Utility District. There is a real risk that ordinances published in the Tahoe --2- R r Although apparently neither the Sierra Sun nor the Tahoe World has obtained a court decree with respect to the Publ ic Utility District, since the Sierra Sun has been used consistently for some time, we believe there would be so me risk in shifting to the Tahoe World before the Tahoe World has obtained a court decree with respect to the Public Utility District . There is a real risk that ordinances publ ished in the Tahoe not published in World might be challenged as ineffective since accordance with Section 16075 of the Public utilities Code. We recommend, therefore, that before the District switches newspapers it approach the Tahoe World to determine if that newspaper would be willing to obtain a court decree establishing it as a newspaper of general • the District. A draft of the letter to the Tahoe World circulation for requesting that it obtain such a court decree is attached hereto* -3- E lyMa 4- h MAR 8 1981 TRUCKEE DONNER P.U.D. y FIRE CTORS " TO ' L PUBLIC TRUCKEE_DONNEP UTILITY DISTRICT S E . SIMON , DISTRICT COUNSEL; FROM: JAME JOHN M. PHELP S , ASSOCIATE COUNSEL • PUBLIC UTILITY DISTRICT/INIT IAT ZON OF LIEN PROCEDURE FOR NON-PAYMENT OF UTILITY BILLS You asked that we research and determine the feasibility g a lien an the property establishin • of the Public Utility District delinquent on the payment of.in owned b the individuals who are d q awn y • of the Public Utilities Code unlit bills . Section 16469 y provides : p Charges unpaid at the time specified for f the rate of taxes the fixing o s may be added to become p art of the annual assessment levied upon the land upon which the commodity • used if the property I s owned, or service was controlled, or in the possession of the same person who owned, controlled, or was in posses- sion n of it during the time that such service charges were incurred or if the only transfers since the date such charges made o f the property bgift , des cent , we re incurred have been transfers y bequest , or devise. Pursuant to this section, the owners of land for which utilities �. were rovi de d may be assessed the amount of the unpaid utilities . F char Section 16470 further provides thates added to an assessment g are a lien on the land, unless the land has been subsequently transferred to a bona fide purchaser or unless a bona fide encum- brance has been created and attaches to the land prior to the date _f the assessment would be delinquent . that the first installment o • then s a prior conveyance or encumbrance , In the event that there i p but the District may file the lien shall not attach to the property specifying th.e amount of the the Count with the Recorder a certificate assessment and the name and address of the person liable for the assessment . On the date of the recordation of the certificate the • lien upon all real property amount listed on the certificate becomes a • the person liable for the assessment . in the County owned by w NP- BOARD OF DIRECTORS March 17, 1981 Page 2 We are not aware whether the District has made use of the • to the levy o f taxes and/or County Assessor' s office with respect • C° Y District . Sects-on 1��4$ n property located within. the Dist assessments o P p �' elect • ode rovides that the District may of the Public Utilit1es C p • assessments made by the County Assessor' s to avail itself of the arse office in which the District is located. The District must elect • tified copy of the ordin by ordinance to do so and must file a cer t in which the District is ance with the Auditors of the County • n election to make use of located.ed. Pursuant to Sect* 1�649 , a • e with respect to all assessments the Assessor' s office is effective fectiv i of the ordinance wth the on the February 1 , after the filing County. act the County Assessor' s We are presently try•n� to cunt- office determine the exact procedure that the District should utility follow .�n order to cause unpaid u y bills to become assessments on property . this memorandum as soon as we have ro �5� �e will th�- this information.