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HomeMy WebLinkAbout1981-04-20 Min - Board REGULAR MEETING April 20, 1981 The regular meeting of the Board of Directors of the Truckee Donner Public Utility District was called to order by President Huber at 7:06 P.M. in the Tahoe Truckee Unified School District Board Room. ROLL .CALL: Directors Corbett, Duffy, Kuttel, Maass and Huber were present. CONSULTANTS PRE SENT: District Counsel Simon was presentTom Jennings. of Cook Associates was present. EMPLOYEES PRESENT: D. Eugene Holt and Susan Craig were in attendance. OTHERS PRESENT: Among those present were Charles White, Fred Katz, Rodney Wells, Don Strand, Donna Benko, Mike Roland, Rob Huber and Mira Shea. APPROVAL OF MINUTES Director Maass moved, and Director Duffy seconded, that the Board approve the minutes of March 2 and 9, 1981. ROLL CALL: all Directors, aye. SO MOVED. Director Maass moved, and Director Duffy seconded, that the minutes of March 16 and March 23, 1981, be prepared in final form as corrected. ROLL CALL: all Directors, aye. SO MOVED. BILLS FOR BOARD APPROVAL There were no bills presented for Board approval. COMMITTEE REPORTS President Huber mentioned that the seminar on wind generation she attended in Palm Springs recently was very interesting, and briefly recapped the conference for the Board' s benefit. She noted that the State Energy Commission has a program whereby anemometers are loaned for conducting studies, and also stated she would have no objection to the District con- structing a model wind generator. MANAGER'S REPORT Cable TV pole rental charges A response to the letter written to Pat Sutton asking if she can recall why the $4.00 per pole per year charge to the TV cable company was decided upon by the Board has not been received as yet, the Manager noted. Gene Holt. advised that District Counsel Simon has been asked to investigate as to whether there may be a requirement for the cable company and telephone company to carry the same limits of liability coverage as the District when poles are used jointly. Relating to the $25 connection charge for adding any new connection points or metering points, Mr. Holt is to advise the cable company that the District will consider an increase in the near future. Illegal activity - Electric Department t The Manager advised that, recently, a broken meter ring was found discarded in the street by District personnel. The service to which it belonged was located - a rental property in Tahoe Donner. The customer had been served for less than one month; the required connection deposit had not been paid in full. Mr. Holt asked the Board to consider discon- necting customers who do not pay deposits as agreed after a two or three day notice rather than the registered letter process which is presently used. The possibility of initiating a criminal complaint with the District Attorney in instances where illegal use of electricity or water is discov- ered was discussed, and the Chairman directed Mr. Simon to look into the 4/20/81 pg. 1 matter and advise the Board of recommended actions. DEVELOPMENT AGREEMENTS - POSSIBLE DIRECTION AND/OR ACTION Martiswoods Estates Perry L. Walther, General Partner of Martiswoods Estates was present in the audience to finalize the development agreement with the District. Mr. Simon presented two pages (2 and 7) containing corrections of typo- graphical errors. After review of the draft agreement and discussion by the Board, Counsel and Mr. Walther, it was agreed that No. 19 on Page 3, Bond Requirements, should read, ". . . Developer shall file with the District a surety bond in a form satisfactory to the District in a sum not less than $1,139,270.00 to guarantee. . The bond will be in favor of the County of Placer and the PUD -- either party may move against the bond. The agreement appearing to be in order, Director Maass moved, and Director Duffy seconded, that the Board adopt Resolution No. 8134 authoriz- ing the execution of the development agreement and approving plans and specifications for Martiswoods Estates. ROLL CALL: all Directors, aye. SO MOVED. Ponderosa Estates John Roth, developer of Ponderosa Estates, was present in the audience to discuss the development agreement with the Board. It was noted that the developer has not yet received approval from the District of the plans and contract documents for the project - the Board has yet to accept the 300 gallon per minute well, and to review and approve the electrical and telemetry segments of Ponderosa Estates Unit No. 1 (which have not been submitted) . Mr. Rath requested that Tom Jennings of Cook Associates meet with Tom Lott and work towards finalization of the agreement. Mr. Roth agreed that he would not commence construction of any portion of the project prior to approval of all plans and documents. With respect to an advertisement appearing some time ago which stated that PUD water would be available to the project.. Mr. Roth noted that no further advertisement addressing water would appear until the develop- ment agreement has been signed. ELIMINATION OF PRIVATE WATER SOURCES AND LINES WITHIN THE DISTRICT District Counsel Simon summarized for the Board the manner in which the District may acquire and regulate private water systems located within the District. He noted that the Board may initiate action to acquire, by purchase or condemnation, existing utility systems located within the District. Also, the District may contract with any public or private entity for the joint use of any water system. After some discussion, Director Maass moved that the Board authorize Cook Associates to identify all private water systems located within the District, and thereafter determine the condition of such systems as they relate to District standards. Director Kuttel seconded the motion. ROLL CALL: Corbett, aye; Duffy, no; Kuttel, aye; Maass, aye; Huber, aye. SO MOVED. CLOSED SESSION The meeting was adjourned to Closed Session at 8:10 P.M. RETURN TO PUBLIC SESSION Chairman Huber returned the meeting to Public Session at 8:54 P.M. and noted that the legal implications of the Toomey line extension were discussed during Closed Session. 4/20/81 pg. 2 TOOMEY LINE EXTENSION - DISCUSSION AND POSSIBLE DIRECTION AND/OR ACTION In response to Director Maass' question, Tom Jennings stated that the Toomey line extension, which connects the FHK loop to the Pacific Telephone extension, will be ready for acceptance and use as soon as bac- teriological water testing has been completed. Director Maass moved that Tom Jennings of Cook Associates be authorized to charge the line and do whatever is necessary to. make the line operational s April 21, 1981 (subject to appropriate bacteriological testing) . He indicat- ed the reasons as being: 1) it is in the best public interest that the line be charged and used since it completes the loop, and 2) the fire hydrant which exists on the Toomey line will then be charged and operational. Direc- tor Maass further moved that District Counsel Simon prepare a resolution re- garding the charging of the line which states the reasons, and that Mr. Simon be directed to write to Mr. Toomey advising that the Board intends to execute the documents accepting the line. Mr. Simon was also asked to write to the Truckee Fire Protection District and advise that the line has been charged and the fire hydrant is usable. Director Corbett seconded the motion. Re- sponding to Director KuttelI s question, Mr. Simon stated his approval of the action. ROLL CALL: all Directors, aye. SO MOVED. The possibility of Don Toomey initiating action against the District for operating the line was discussed. It was the Board's opinion that the prob- lem is between Mr. Toomey and the contractor - not the District. Jim Simon noted his understanding that he would defend the District if action should be initiated; Fred Katz, Truckee Crossroads developer, stated he would share in the costs. CONSIDERATION OF RESOLUTION ESTABLISHING DISTRICT POLICY REGARDING PAYMENT OF EXPENSES FOR AUTHORIZED DISTRICT BUSINESS AND RESCINDING RESOLUTION NO. 7849 c t After a brief review of the draft resolution, which brings expenses for authorized District business more in line with current costs, Director Maass moved, and Director Duffy seconded, that the Board adopt Resolution No. 8135 r establishing District policy regarding payment of expenses and rescinding Resolution No. 7849. ROLL CALL: Maass, absent; all other Directors, aye. SO MOVED. SURPLUS DISTRICT LAND - REVIEW OF REAPPRAISAL - POSSIBLE ACTION President Huber stated that Mr. Bonnett' s reappraisal was not received until today's date - too late for adequate review by the Board. The matter was set over to the next regular meeting. BECK'S RECOMMENDATION RE ANNE AURAS' REQUEST FOR LOT LINE ADJUSTMENT; POSSIBLE DIRECTION AND/OR ACTION Concerning Anne Audas' request for a lot line adjustment, R. W. Beck's recommendation has not yet been received. The Chairman set the matter over to the next agenda. STUECKLER'S REQUEST FOR ABANDONMENT OF PUBLIC UTILITY EASEMENT It was noted that both Pacific Telephone and the U. S. Department of Ag- riculture, Forest Service, have agreed to the abandonment of the easement over Hans Stueckler's lot in Prosser Lakeview Estates Subdivision. ., After appropriate review by Counsel of the draft resolution and the quit- claim deed, Director Duffy moved that the Board adopt Resolution No. 8136 auth- orizing the execution of a quitclaim deed to AP#16-460-08 to Hans Stueckler. Director Corbett seconded the motion. ROLL CALL: all Directors, aye. SO i MOVED. r STATUS REPORTS - POSSIBLE DIRECTION AND/OR ACTION Martis Valley Substation - resolution finding that the substation project will not have a significant effect on the environment and directing the filing of a negative declaration It was Mr. Cook's recommendation that the Board pass a resolution adopting a negative declaration for the Martis Valley Substation project. After review, 4/20/81 pa. 3 Director Kuttel moved, and Director Maass seconded, that the Board adopt Resolution No. 8137 finding that the Martis Valley Electrical Substation project will not have a significant effect on the environment and direct- ing the filing of a negative declaration for the project. ROLL CALL: all Directors, aye. SO MOVED. Water System Improvements - Project 79-1 Ton Jennings reported that the contract approval and bond closing will not occur until receipt of the insurance certificates by the Farmers Home Administration. The Fidelity Bond coverage is recommended to equal the pro j ect's construction cost of $3 46,832; the recommended minimum amount for fire and property damage is $142,186. Mr. Holt indicated a request for the necessary increase has been sent to Levinson Bros., Inc. Relating to the Audit Agreement, Mr. Holt asked that. Jim Simon con- tact Arthur Andersen & Co. , and discuss the District's non-compliance with FmHA regulations for 1980. District Counsel advised that, after reviewing the 79-1 contract, he wrote to Frank Scott on April 13th stating that all documents are in order. As to the Legal Services Agreement, Mr. Simon had some questions and indicated he would be contacting Mr. Scott for direction. After con- sulting with Cook Associates, Mr. Simon will prepare his opinion relative to rights of way. President Huber was not present at the last meeting, at which time direction was given for her to prepare a .statement respecting interim financing (stating that District funds will be expended prior to requests for FmHA funds) . She was advised of this necessary action. The Manager indicated he would call Mr. Scott of FmHA on Wednesday to see whether or not the necessary insurance certificates have been re- ceived. Hydro projects Mr. Simon noted that he received a call from Sierra Pacific Power Company indicating their desire to file a claim for power generated from Stampede Dam. Gene Holt advised that American Hydro is handling the filing on behalf of Sierra Pacific. It is their hope that the District is success - f ul in obtaining the power since it will have a beneficial effect on the amount of power purchased from SPPCo. Mr. Holt reported that Ken Peters is pursuing the intertie from Cal- ifornia to Nevada and the possibility of obtaining power.from Hoover Dam. The Manager made note of the FERC budget cut for Hydropower Regula- tion. The American Public Power Association is urging that appropriate letters be written requesting the restoration of the $4 million original budget for Hydropower Regulation, and of $10 million for small hydro feas- ibility study loans. No direction was given. Critically deficient Southside Subservice Area According to a memo written by Senior Clerk Black on today's date, there are 80 connections remaining in the critically deficient Southside Subservice Area. t' President Huber noted that she would appreciate receiving all material pertinent to Board Meeting matters the weekend before the scheduled meeting in order to allow adequate time for review. Office remodeling - consideration of resolution approving contract spec- ifications and issuing a call for bids Tom Jennings presented a set of plans, specifications and contract documents for review by District Counsel Simon. The Engineer's estimate for the remodeling is approximately $60,000. $22,000 has been included in the Water Department budget for the refurbishing - Mr. Jennings suggested 4120/81 pg. 4 that $38,000 be included in the Electric Department budget, which has not yet been approved by the Board. Director Maass spoke of the 6' clearance for the sliding glass door in the temporary mobile unit. It was agreed that an addendum for additional work be included in the remodeling contract. { District Counsel Simon indicated a change in the contractors agreement may be necessary. He will review the document, consult with Cook Associates, and prepare a revised agreement. Consideration of approval of the plans, specifications and contract documents will be placed on the May 4, 1981, agenda. SEMINAR ATTENDANCE - BLACK AND POMPONIO Mr. Holt advised the Board of a proposed program that will review REA's suggested plant accounting system in May at Pacific Northwest Generating Cooperative in Portland, Oregon. Specific dates for the workshop have not yet been determined. Director Duffy moved, and Director Corbett seconded, that a letter of intent to send Senior Clerks Black and Pomponio to the Work Order Work- shop be mailed. ROLL CALL: all Directors, aye. SO MOVED. REIMBURSEMENT TO DIRECTORS (OR THEIR EMPLOYERS) FOR WAGES LOST DUE TO LEGAL COURT APPEARANCES ON BEHALF OF THE DISTRICT It was Director Maass' request that the Board consider reimbursing Directors or their employers for wages lost due to legal court appearances on behalf of the District. Several ideas were discussed - Charles White of the Truckee Tahoe Airport District participated in the discussion. Various methods of reimbursement, which included increasing the Directors' compensation, paying the amount of wages lost and paying a Director the same amount as if attending a regular Board Meeting were brought up. Dis- trict Counsel Simon noted that witness fees and one-way mileage should be collected by any Director required to appear on behalf of the District. He also mentioned that the PUD Directors are receiving only 1/3 of the compensation allowed per year by State law, and suggested they consider an increase. Mira Shea of KTRT Radio Station suggested that a list of alternatives be prepared and a public hearing be held. District Counsel Simon was asked to research the matter and report back to the Board. NEW COMPUTER - COUNSEL'S OPINION RE LEASE AND/OR BIDDING- PROCEDURE; POSSIBLE DIRECTION AND/OR ACTION Gene Holt advised the Board that he has not been able to locate a source for borrowing funds to purchase a new computer. However, two firms willing to handle a lease have been found. The lease per month would be ap- proximately $3,200 to $3,500 plus the cost of a maintenance contract. District Counsel referred to PUC Section 16544 which states, "Unless the amount-involved in the purchase at any one time of any acticles for which no contract has been entered into exceeds $4,000, the Board may purchase the articles without the necessity of advertising or letting contracts. Where the cost of any articles for which no contract has been entered into exceeds $4,000, the Board. shall advertise for sealed bids for furnishing the District such articles." Various interpretations of this Code Section were explored, and after discussion, President Huber directed f Mr. Simon to call Martin McDonough, E sq. to see if he could shed any light on the matter; thereafter, Mr. Simon is to conduct research for close ana- 1•o vies and/or request an opinion from the Attorney General. If bidding is required, Mr. Simon is to prepare the documents for consideration on May 4th. APPROVAL OF LETTER TO ENERGY COMMISSION REQUESTING LOAN OF ANEMOMETER FOR STUDIES TO BE CONDUCTED WITHIN THE DISTRICT President Huber advised that the California Energy Commission will loan the District anemometers for evaluating the wind energy potential of various sites. 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Gusimat proposing to reduce the required f rontyard setback for the construction of a single-family residence was briefly discussed. The Manager was asked to have the General Foreman check into the matter for possible interference with electrical lines. Contryside Manor Subdivision - With respect to the tentative map application and zone change for Countryside Manor Subdivision located at the intersection of Edmunds Drive and Donner Trail Road, President Huber asked that Dan Cook respond to the Planning commission. A develop- ment agreement with the District is required and, as yet, the developers have not made contact with the PUD. Comment to the County should be pro- vided prior to May 2, 1981. CLOSED SESSION At 11:32 P.M. , President Huber adjourned the meeting to Closed Session. RETURN TO PUBLIC SESSION The meeting was returned to Public Session at 12:01 A.M. The Chairman advised that personnel matters in connection with the disability and medical plans, legal matters concerning telemetry, the fire hydrant truck and truck bed bids and pole mounted transformer bids were discussed during Closed Session. FIRE HYDRANT TRUCK AND TRUCK BED BID AWARD Director Maass moved, and Director Duffy seconded, that the Board award the truck bid to Herb Hallman Chevrolet in the amount of $10,52 6.01, and the truck bed bid to Jordan Thermo King in the amount of $6,131.47. ROLL CALL: all Directors, aye. SO MOVED. POLE MOUNT TRANSFORMERS It was noted that Wedco will be unable to supply the pole mounted transformers in any way other than complete order in one shipment. (At the time the District cancelled the original order with RTE and ordered from Wedco, advice was given that they would have no shipment conditions. They have failed to comply with the shipping conditions.) Director Maass moved that the Board withdraw the bid award to Wedco, and reaward the pole mounted transformer bid to RTE. Director Corbett seconded the motion. ROLL CALL: all Directors, aye. SO MOVED. DELINQUENT ACCOUNTS District Counsel Simon noted that there may be a problem with letters to customers with delinquent accounts going out from the District over his signature and without his knowledge (as they may be clients of his firm) . He withdrew his authorization for District personnel to execute these letters on his behalf, and indicated he would have someone from his office pick up the letters for his signature whenever necessary. SALES TAX EXEMPTION Gene Holt has learned, he noted, that SMUD is exempt from sales tax. With the Board' s approval, he asked District Counsel Simon to investigate and determine whether or not the District is also exempt. ADJOURNMENT There being no further business before the Board, the meeting was adjourned at 12:06 A.M. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Roberta C. Huber, President i Susan M. Craig, Deputy D' rict Clerk 4/20/81 pg. 7