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HomeMy WebLinkAbout1985-11-04 Min - Board REGULAR MEETING November 4. 1985 The regular meeting of the Board of Directors of the Truckee Donner Public Utility District was called to order by President Duffy at 7:01 P.M. in the TDPUD Board Room. ROLL CALL: Directors Cooley , Corbett , Maass and Duffy were present. Director Hamilton was out of town on business. EMPLOYEES PRESENT: Tom Buckhouse, Peter Holzmeister and Susan Craig. CONSULTANTS PRESENT: Counsel John M. Phelps. OTHERS PRESENT: Among those present were C. R. VanLandingham, Robert F. French, Pat Sutton, Allison Hossack, and Richard Curran. APPROVAL OF MINUTES Director Maass moved , and Director Corbett seconded , that the Board approve the minutes of September 30, 1985 as written. All Directors , aye, by voice vote. SO MOVED. With respect to the minutes of October 7 , 1985, Director Corbett asked that the spelling of "Laxault" on page 2 be changed to "Laxalt;" Director Duffy asked that the spelling of "Michane" on page 1 be changed to "Michone." Thereafter, Director Corbett moved that the minutes of October 7 and 21 , 1985 be prepared in final form; seconded by Director Cooley. All Directors, aye , by voice vote. SO MOVED. STATEMENT OF GENERAL FUND AND BILLS FOR APPROVAL The Board noted they appreciated the computerized copies of the pre-authorized checks , as they could be easily read. Mr. Holzmeister was asked to check with the Data Processing Supervisor to see if this procedure can be followed in the future. Director Maass moved , and Director Corbett seconded , that the bills presented for consideration be approved for payment. ROLL CALL: Hamilton, absent; all other Directors , aye. SO MOVED. MANAGER'S REPORT District's insurance requirements Mr. Holzmeister noted that the District presently requires $5,000,000 liability insurance in contracts and development agreements. Contractors and developers have informed the PUD they are having a difficult time ,.�. obtaining this level of insurance. The Manager suggested the insurance requirements be amended - that major projects (projects of over $500,000 or involving work on energized lines or in an energized substation) require a -1- contractor to carry $5,000,000 liability insurance; that other projects require a contractor to carry $2 ,000 ,000 liability insurance. Director Maass noted that while on the Board, Roberta Huber (an insurance agent by trade) suggested the District raise its limit to $5,000,000 for ultimate protection. It was decided to table the matter to the November 18th meeting when a full Board is present. Gateway tank site Manager Holzmeister advised that the Directors have copies of a quitclaim deed prepared by Counsel Phelps for transfer of the Gateway tank site to the Joseph family. Bob French, attorney for the Josephs , expressed the family's gratitude to the District for going forward with this transfer of property. He presented a grant deed to the Board, and asked that it be authorized in place of the quitclaim deed, as it is sometimes difficult to insure around a quitclaim deed. After some discussion, Mr. French stated he would be happy to pay the cost of a title insurance policy that would cover the property and protect the District if the PUD would transfer the property by way of a grant deed rather than a quitclaim deed. President Duffy directed that Counsel Phelps and Mr. French draw up a document satisfactory to both, and indicated the Board would consider the matter at the next regular meeting. Pat Sutton, present in the audience, stated that the manner in which the Josephs originally granted the tank site to the District thirty years ago should have some bearing on how the property is reconveyed. PUBLIC INPUT In response to Mrs. Sutton's question, Mr. Holzmeister reported that the items charged by Porter, Simon, Graham and Phelps on their recent billing included review of a labor matter, settlement of a grievance, the Loftis bankruptcy, the proposed Nevada County groundwater ordinance, sale of the 1.9 acre parcel, the Ponderosa Hills annexation, and review of several development agreements. CORRESPONDENCE Pat Sutton's letter regarding use of PVC The Chairman acknowledged receipt of Mrs. Sutton's October 24 , 1985 letter regarding the use of PVC pipe beyond the service box by Zekiel Cornell and Juliet Bradley on AP#18-790-10. He noted that the District does not have jurisdiction in this matter , and went on to say it is the County's obligation to enforce restrictions pertaining to the customer's side of the A40M1*1 service box. COIRUTTEE REPORTS -2- There were no committee reports. PUBLIC HEARING - CONSIDERATION AND POSSIBLE ADOPTION OF BUDGET FOR 1986 President Duffy opened the public hearing to discuss the proposed budget for 1986 at 7:35 P.M. Director Maass stated that he is very pleased with the format , and looks forward to having the columns expanded in the future to include past actual expenditures. There were no comments from the public , and Director Maass moved that the public hearing be closed; seconded by Director Corbett. All Directors, aye , by voice vote. SO MOVED. Director Corbett moved , and Director Maass seconded, that the Board accept the 1986 budget as prepared. ROLL CALL: Hamilton, absent; all other Directors, aye. SO MOVED. PUBLIC HEARING - CONSIDERATION AND POSSIBLE ADOPTION OF ORDINANCE ACCEPTING OFFER TO PURCHASE 1.9 ACRE PARCEL ON THE CORNER OF DONNER PASS ROAD AND HIGHRAY 89 The public hearing to consider the sale of the 1.9 acre parcel located on the corner of Highway 89 and Donner Pass Road was opened at approximately 7:45 P.M. Counsel John Phelps advised that , up to now, negotiations pertaining to the sale of the 1 .9 acre parcel have been conducted in closed session as permitted by the Brown Act. An ordinance accepting an offer from PDQ Food Stores of Nevada, Inc. to purchase the 1.9 acres of District land was prepared since the contract is for an amount over $100,000, and Mr. Phelps explained the conditions of adoption and referendum provisions. PDQ's offer in the amount of $502 ,000 and the terms of the agreement were reviewed. Questions having to do with the escrow period, fees for connection of utilities, length of time the parcel was on the market, number of offers, ingress and egress , and payment terms posed by Bill Deetch, Pat Sutton and Bill Whitehead were answered. Mrs. Sutton asked whether there is a companion section having to do with the new part of the Brown Act that allows the Board to meet in closed session with negotiators on the lease or sale of property. She indicated the public should be advised of the parties with whom the negotiations are taking place, and stated there has been no public disclosure by the Board up to this point. She asked that the record reflect her grave concern that the Board has not been advised properly of its legal requirements. President Duffy stated the parties with whom the District negotiated have been mentioned in public session at past meetings. There being no further input, Director Maass moved, and Director Corbett seconded, that the public hearing be closed. All Directors, aye , by voice vote. SO MOVED. -3- .ems. Director Maass moved , and Director Corbett seconded, that Counsel Phelps respond to Mrs. Sutton in writing and copy the Board. ROLL CALL: Hamilton, absent; all other Directors, aye. SO MOVED. Director Maass moved, and Director Cooley seconded, that the Board adopt Ordinance No. 8501 accepting an offer from PDQ Food Stores of Nevada, Inc. to purchase 1.9 acres of District land, subject to a letter of interpretation regarding "off-site costs" being accepted by the purchaser. ROLL CALL: Hamilton, absent; all other Directors, aye. SO ENACTED. CONSIDERATION OF RESOLUTION ACCEPTING AN EASEMENT FOR PUBLIC UTILITY PURPOSES (ELECTRICAL) FOR AIRPORT SELF-STORAGE, AP#'19-440-37 After review of the proposed resolution and electric utility easement , Director Maass moved that the Board adopt Resolution No. 8543 accepting the easement for Airport Self-Storage , AP#19-440-37. ROLL CALL: Hamilton, absent; all other Directors , aye. SO RESOLVED. CONSIDERATION OF AMENDED DEVELOPMENT AGREEMENT CONCERNING TRUCKEE INTERMODAL TRANSPORTATION CENTER Counsel Phelps noted that the County substantially changed the District's development agreement format, and highlighted these amendments for the Directors. Comment was made that the remodeling of the Intermodal Transportation Center is near completion. Director Corbett moved , and Director Cooley seconded , that the Board authorize the President to execute the agreement on behalf of the District. ROLL CALL: Hamilton, absent; Cooley, Corbett and Duffy, aye; Maass, no, stating that he does not like the way the County of Nevada handled this matter. PASSED BY MAJORITY VOTE, SKISLOPE PIPELINE REPLACEMENT - CONSIDERATION OF CONTRACT CHANGE ORDER AND PROGRESS PAY ESTIMATE OF HALL'S EXCAVATING Manager Holzmeister reviewed Contract Change Order No. 1 with the Board, which would increase the contract cost by $880.70. The CCO allows for installation of one 8" gate valve , and ten feet of 8" water main. It allows for a 5% rather than 10% retention , and amends the agreement to provide that work shall be stopped effective October 23 , 19859 and shall proceed following the winter season upon notice. He noted that the leak has been corrected, and paving will be done in the spring. Director Corbett moved that the Board approve Contract Change Order No. 1 as recommended by staff; seconded by Director Cooley. ROLL CALL: Hamilton, absent; Maass, abstain; all other Directors, aye. MOTION FAILED. Counsel Phelps advised that a two thirds vote is required by the California Contract Code. 1001,14, Director Corbett moved, and President Duffy seconded, that this matter be tabled to the next meeting. SO MOVED by voice vote. -4- The Board reviewed the Periodic Estimate for Partial Payment presented by Hall's Excavating. Director Maass suggested the four items listed in the change order be placed on separate change orders for consideration at the next regular meeting. Thereafter, Director Cooley moved that the payment be made to Hall's , and that the amount of retainage be 10% rather than 5%. The motion was seconded by Director Cooley and PASSED UNANIMOUSLY. ADJOURNMENT There being no further business before the Board , Director Corbett moved that the meeting be adjourned at 8:40 P.M.; seconded by Director Maass. SO MOVED by voice vote. TRUCKEE DONNER PUBLIC UTILITY DISTRICT Susan M. Craig, Deputy Distr ct Clerk -5-