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HomeMy WebLinkAboutMeeting MinREGULAR MEETING August 2, 1982 The regular meeting of the Board of Directors of the Truckee Donner Public Utility District was called to order by President Haass at 7:10 P.M. in the TDPUD Board room. f I ROLL CALL: Directors Corbett, Kuttel, VanLandingham and Maass were present; Director Huber arrived at 8:05 P.M. EMPLOYEES PRESENT: James Ward and Susan Craig were in attendance. CONSULTANTS^JPRESENT: District Engineer Cook and District Counsel Simon were present. OTHERS PRESENT: Charles White, Steven Lieberman, Frank Aiello, Don Westbrook, and Ron Monson. I APPROVAL OF MINUTES Director Corbett moved, and Director Kuttel seconded, that the June 21, 1982, minutes be approved. Huber, absent; all other Directors, aye, by voice vote. SO MOVED. Director Kuttel moved, and Director Corbett seconded, that the minutes of July 6, 1982, be prepared in final form as written. Huber, absent; all other Directors, aye, by voice vote. SO MOVED. STATEMENT OF GENERAL FUND AND BILLS FOR BOARD APPROVAL After briefly reviewing the statement of general fund and bills presented for consideration, Director Kuttel moved that the bills be paid. Director Cor- bett seconded the motion. Huber, absent; all other Directors, aye, by voice vote. SO MOVED. President Maass requested that, in the future, the statement and listing of bills be mailed to each Director in adequate time for review before the meeting. MARTIS VALLEY SUBSTATION - TONSIDERATION OF PROGRESS ESTIMATE #2 AND PAYMENTS TO CONSULTANTS General Manager Ward recommended payments be made to R. W. Beck and As- sociates in the amount of S306.13 for engineering services, to Monson and Associates in the amount of $480 for consulting services, and to Harker and Harker in the amount of $45,337.50 (progress pay estimate #2 on the substa- tion contract). Thereafter Director Corbett moved, and Director Kuttel sec- onded, that the recommended payments be made. Huber, absent; all other Dir- ectors, aye, by voice vote. SO MOVED. WEST RIVER STREET ASSESSMENT DISTRICT - REVIEW OF DELINQUENCIES AND POSSIBLE DIRECTION - APPROVAL OF TRANSFER I President Maass indicated District Counsel should forward the appropriate letter to owners of the parcels delinquent in their assessment payments. Be- cause of the delinquencies, staff requested a temporary transfer from the Gen- eral Fund to the West River Street Assessment District fund in the amount of $2,100 be authorized in order to be able t^ make bond payment Number 7 in full to Wells Fargo. Director Corbett moved, and Director Kuttel seconded, that the funds be transferred. Huber, absent; all other Directors, aye, by voice vote. SO MOVED. With respect to lost interest on PUD funds caused by the delinquencies. District Counsel Simon was directed to investigate whether or not late charges could be imposed. MANAGER'S REPORT Customer Rules and Regulations Mr. Ward recommended that the Board put over consideration of the Reso- lution amending policies until Counsel has had an opportunity to investigate S/2/H2 fa 1 a proposed addition to the termination of service for non-payment procedure (Public Hearing Item lb). WAPA power allocation The Manager advised a report would be given under the unfinished busi- ness items as to the status of the WAPA power allocation. Boca-Prosser hydroelectric projects Dr. DeVries' report on the proposed Boca hydroelectric development on nitrogen saturation levels in the river below the dam was received and copied to the Board, Mr. Ward noted. The report concluded that the proposed power plant will not increase the nitrogen supersaturation level in the Little Truckee River, and there may even be a decrease in the supersaturation level as a result of the decrease in air entrainment at the dam outlet due to the power plant operation. Project 79-1 Mr. Ward briefly reviewed the Farmers Home Administration Project 79-1 status report which noted the total funds available, disbursements to date, general funds expended which have not been reimbursed, and outstanding charges. I M_artis Valley_ Substation A report, the Manager advised, on expenditure of funds and status of the reserve account is forthcoming. Lockwood Drive ater line extension (Spencer) Mr. Ward noted that the District serves six residences at the end of Lockwood Drive (all constructed prior to 1977). The owners were permitted to plug into the end of a 6" main - no development agreements were required. Dick Spencer purchased Parcel Number 3 recently, and was advised that a de- velopment agreement would be necessary. He has paid the $500 deposit and the electrical connection fees. Mr. Spencer has requested the same priv- ileges as the neighboring parcels in order not to have to spend $(>,000 to $7,000 for the 6" water main extension without any hope of getting reimburse- ment from those attaching to it. Mr. Ward mentioned three alternatives which were briefly discussed. President Maass tabled the matter to closed session because of legal ramifications. I PUBLIC HEARING - POSSIBLE ADOPTION OF ORDINANCE RESCINDING A PORTION OF RESO- NO. 6701 AND_ ESTABLISHING MINIMUM SERVICE DEPOSIT The Chairman opened the public hearing at 7:30 P.M. and briefly explained the ordinance establishing a minimum service deposit for new construction customers and in instances where the two highest Monthly bills are less than S50. There being no questions or comments from the audience, the hearing was closed. Director Corbett moved, and Director Kuttel seconded, that Ordinance No. 8208 rescinding a portion of Resolution 6701 and establishing a minimum service deposit be adopted. ROLL CALL: Huber, absent; all other Directors, aye. SO MOVED. PUBLIC HEARING - POSSIBLE ADOPTION OF RESOLUTION AMENDING POLICIES At 7:35 P.M., the Chairman opened the public hearing to discuss the pro- posed resolution amending deposit, billing and termination of service for non- payment policies. Mr. Ward expressed staff's request to include an additional provision in the termination policy allowing disconnect pr.».iduu's to be trans- tut rod from an old account to new account in instances where past due balances on closed accounts have not been paid. The Board agreed to include this pro- vision in the policy. No members of the audience had any questions or co«w»nts regarding th« proposed policy amendments and, therefore, the hearing was closed. I 8/2/82 Pg. 2 Director Corbett moved, and Director Kuttel seconded, that the Board adopt Resolution No. 8235 amending policies (Ordinance No. 8204, Resolution No. 6701, and customer rules and regulations). ROLL CALL: Huber, absent; all other Directors, aye. SO MOVED. HILLTOP/KOHLER - CONSIDERATION OF DEVELOPMENT AGREEMENT I Don Westbrook of the Sanitary District Board was present, and indicated he thought if a water line loop was required at Hilltop, perhaps the TSD could install sewer lines at the same time. The Board clarified that a loop would not be necessary. District Counsel Simon advised of a disagreement with Mr. Kohler as to whom the District will be contracting with in the development agreement con- cerning the Hilltop development - he explained that Frederick Kohler is a general partner in a limited partnership and recommended that he be obligated to the District under the agreement. Mr. Simon felt the matter would be re- solved and ready for Board consideration at the next regular meeting. CR£SBJ[_ANrffiXATION - CONSIDERATION OF RESOLUTION DECLARING DISTRICT INTENT TO ANNEX "FOUR PARCELS OF REAL PROPERTY IN MARTIS VALLEY I Manager Ward advised that Martha Crosby contacted the District and agreed to pay the second estimate of costs associated with annexation of real property in Martis Valley to the District ($650); further, she noted to Mr. Ward that Monson and Associates would be preparing the application and maps on her be- half. Mr. Monson, present at the meeting, stated that the application would be ready by the next Board meeting. After brief consideration. Director Kuttel moved, and Director Corbett seconded, that Resolution No. 8236 declaring District intent to annex four parcels of real property in Martis Valley be adopted. ROLL CALL: Huber, absent; all other Directors, aye. SO MOVED. ANNOUNCEMENT OF SOLAR CONTEST WINNER President Maass announced that Jim and Linda Mikolich, whose home is on Ski Slope Way in Unit 3 of Tahoe Doiiner, have been selected as the winners of the solar contest. CLOSED SESSION At 7:55 P.M., the President adjourned the meeting to closed session for the purpose of discussing legal aspects of the AieHo/Senior Citizen housing project. RETURN TO PUBLIC SESSION The meeting was returned to public session at 8:22 P.M. AIELLO/St'NIOR CITIZEN HOUSING PROJECT - STATUS REPORT - POSSIBLE DIRECTION I The Board denied Mr. Aiello's request to hear this matter in closed ses- sion, as District Counsel indicated provisions of the Brown Act would be vio- lated if the Board, Mr. Aiello, and the respective attorneys conferred in this manner respecting a potential legal matter. Before the Board considers accepting the water and electrical systems at the Senior Citizen project. General Manager Ward noted the following nec- essary action on the part of Mr. Aiello: 1) payment of connection and fac- ilities fees in the amount of $43,650; 2) project contractor to provide as- builts to the District; 3) completion of the electrical punch list provided by the District; 4) completion of 29 water items listed by Cook Associates and dated August 1, 1982; 5) payment of attorney, consultant and inspection fees as per contract. When all requirements have been satisfactorily met, the Manager, Engineer and Counsel will recommend acceptance of the systems to the Board. The water fees payable to the District were discussed; of the $43,650, facilities fees total $25,900 and connection fees total $17,750. Mr. Aiello noted that, to date, he has paid $26,000 in fees to the District. He thought, he stated, that this amount would cover some of the water fees- It was clar- ified that he has paid the electrical fees and some of the consultant billings. 8/2/82 Pg. 3 For his records, Mr. Aiello asked r r in itemized breakdown of the payments made to the District. Thereafter, he provided a check in the amount of $43,'350 for remaining fees. The Board advised Mr. Aiello that there would be .-.going consultant billings he will be responsible for paying prior to acceptance of the systems. Mr. Lieberman, Mr. Aiello's attorney, was advised as to how the connec- tion and facilities fees were established. He requested, since Mi. Aiello had presented his check to the District for remaining fees, that hookup t. the final several units at the Senior Citizen complex be authorized. He went on to state that the water quality problems at the complex have been resolved, and items remaining to be completed shall be handled in an expiditious manner. Because of substantial physical deficiencies and potential liability on the part A the District, District Counsel recommended against granting this re- quest. I Various items contained on the electrical and water punch lists were discussed. The District Engineer recommended immediate attention to No. 28 on the water list having to do with a hazard to the public consisting of a vertical open excavation at the Rodeo Grounds access road. Mr. Aiello in- dicated this would be attended to promptly. President Haass noted that it would be possible to have the necessary documents drawn up for consideration by the Board at the next regular meeting if appropriate. He also mentioned the Board would be willing to call a special meeting to approve and accept the systems. Mr. Aiello complained to the Board regarding what he called the Dis- trict's "electrical theft" charge (actually registered with the County Dis- trict Attorney as meter tampering) and the Chairman suggested that Mssrs. Lieberman, Aiello and Simon meet with the Deputy District Attorney to discuss this matter. President Maass denied Mr. Aiello's request for District participation in the construction of the Senior Citizen Housing left turn lane since the Dis- trict's new substation (located adjacent to the project) will not generate traffic of any significance. Mr. Aiello was asked to keep the District apprised of his progress with completion of the project. WAPA POWER ALLOCATION - STATUS REPORT - POSSIBLE DIRECTJONAND/OJ^ ACTION Director Huber reported briefly on a meeting held July 30th at which the SMUD allocation, WAPA negotiations with PG&E and wheeling of the Dis- trict's allocation by Sierra Pacific were discussed. She suggested that the Manager arrange a meeting with Mssrs. Hall and McPhail in Denver to facilitate delivery of the District's WAPA allocation. President Maass advised he would be di.cussing this matter with Mr. Chappie on August 16th while in Washington, D. C. I Director Kuttel noted he would prefer the District handle pursuit WAPA allocation rather than hiring consultants. jf the BOCA-PROSSER: HYDROELECTRIf^PTOJlSCTS District Counsel reported that a resolution of intent would not be nec- essary; on this date he forwarded a copy of Dr. DeVries report on nitrogen saturation to the Pyramid Tribal Council's attorney, Mr. Thorp, and he an- ticipated it would be sufficient to allay their concerns and prompt withdraw- al of the protest. The next Council meeting is scheduled for August 6th. President Maass explained that both he and Ken Peters of Hansen and Associates will be on the east coast at the same time during the month of August for personal reasons. He suggested that the Board approve expenditures for them to travel from Philadelphia to Washington, D. C. in order to meet with Congressman Chappie, Commissioner Sheldon of the Federal Energy Regulatory Com- mission, Commissioner Broadbent of the Bureau of Reclamation, a representative of the Office of Management and Budget, and possibly with Congressman Shumway, to discuss hydroelectric development at Boca, Prosser and Stampede Dams. Dir- ector Corbett moved, and Director Huber seconded, that the Board approve ex- penditures for President Maass and Mr. Peters in the amount of $500. All Directors, aye, by voice vote. SO MOVED. I 8/2/82 Pg. 4 I PROJECT 79-1 - WATER SYSTEM IMPROVEMENTS District Engineer Cook reported that the construction work associated with Project 79-1 has been completed to his satisfaction. He presented a draft Ordinance accepting the facilities by the District which contains a provision whereby acceptance would be subject to FmHA final inspection on August 12th. He indicated that, since Farmers Home is a funding partner in the project, it would not be appropriate to file the accepting Ordinance and Notice of Completion prior to their satisfaction with the project. DISTRICT COUNSEL'S REPORT Opinion respecting acceptance of improvements valued in excess of $100,000 District Counsel opinioned that, although allowed by law to act by or- dinace, resolution or motion, the Board may be wise to follow previous prac- tice and accept the Project 79-1 project (valued in excess of 5100,000) by ordinance. He suggested the Board discuss changing the procedure at a future time. President Maass agreed, and directed that he prepare a draft policy for consideration at the next regular meeting. PROJECT 79-1 WATER SYSTEM IMPROVEMENTS The District Engineer recommended that demand for the reamining $9,500 on deposit with FmHA be made. He noted the District has sold revenue bonds that cover the $9,500 and District rate payers must provide principal and interest payment on the amount even though the District does not have access to the funds. The Chairman asked Mr. Ward to contact Bond Counsel Sperry and request that he prepare a demand letter to FmHA. I Mr. Cook provided the Board with an outline of contract damages due to the untimely completion of the project. He noted that the District account- ing has not yet caught up with the project status and, therefore, the actual losses cannot be readily determined at this time. He recommended the District discuss the assessment of liquidated damages with Farmers Home Administration. President Maass asked Mr. Cook to provide a written explanation of the procedure to Mr. Ward. The Chairman directed that a public hearing be scheduled for 7:30 P.M. on August 16th, and requested that District Counsel revise the ordinance for Board consideration at that time. MARTIS VALLEY SUBSTATION Manager Ward reported that the Martis Valley Substation construction is on schedule. Most structures have been poured; concrete testing exceeds de- sign strength. Mr. Ward explained the provisions of Contract Change Order No. 3 to Sierra Pacific in the amount of $11,000 for installation of revenue metering and de- sign and installation of the under frequency relays for the substation, and recommended approval by the Board. Director Corbett moved, and Director Huber seconded, that the Board ap- prove Contract Change Order No. 3 to Sierra Pacific in the approximate amount of $11,000. All Directors, aye, by voice vote. SO MOVED. I CONSIDERATION OF APPROPRIATE COLLECTION OF STANDBY CHARGES IN PLACER COUNTY RESOLUTIONS Counsel Simon advised that the Board must follow a procedure with Placer County similar to that required by Nevada County for the collection of standby charges. President Maass directed that the secretary prepare appropriate reso- lutions for consideration at the next meeting. DISCUSSION AND POSSIBLE DIRECTION RESPECTING SPHERE OF INFLUENCE MAP Manager Ward noted that he would address this matter at the first meeting in September. 8/2/82 eg. 5 ACCEPTANCE OF ANNUAL AUDIT PREPARED BY ARTHUR ANDERSEN & COMPANY Director Corbett moved that the Board accept the annual audit prepared by Arthur Andersen and Company and direct staff to prepare a suitable publi- cation. Director Huber seconded the motion. All Directors, aye, by voice vote. SO MOVED. CONSIDERATION OF RESOLUTIO_N_ APPOINTING AUDITORS FOR 1982 After review, Director Huber moved that the Board adopt Resolution No. 8237 designating Arthur Andersen and Company auditors for the 1982 tax year. The charges for services shall be nude at their regular per diem rates plus out-of-pocket expenses, and shall not exceed $21,000. Director Corbett sec- onded the motion. ROLL CALL: all Directors, aye. SO MOVED. I Director Kuttel moved, and Director Corbett seconded, that the Board approve the proposal of Arthur Andersen and Company for additional services - quarterly meetings with the Board (approximately $1,000 per session) and a special consultation arrangement in an amount not to exceed $3,500 on an as- needed basis. All Directors, aye, by voice vote. SO MOVED. FmHA BOND INDENTURE After some discussion regarding the Farmers Home Administration bond indenture, Director Corbett moved that District Co nsel be authorized to contact Bond Counsel and request preparation of a revised draft. Director Huber seconded the motion. All Directors, aye, by voice vote. SO MOVED. Director Kuttel moved, and Director VanLandingham seconded, that the Board authorize Arthur Andersen and Comapny to review the revised draft pre- pared by Bond Counsel Sperry. All Directors, aye, by voice vote. SO MOVED. President Maass authorized the General Manager to schedule a meeting with FmHA representatives to discuss the District's past deficiencies. When a mutually satisfactory conclusion has been reached, Counsel Simon is to pre- pare a resolution amending the two previous FmHA indentures for Board con- sideration. I COMPUTER LOAM Director Huber mentioned that renewal of the computer loan terms with Truckee River Bank will be coming up in November, and that a new note for six years (with interest negotiated yearly) should be arranged. SEVENTH DAY ADVENTIST CHURCH - CONSIDERATION OF RESOLUTION ACCEPTING WATER AND ELECTRIC IMPROVEMENTS This matter was tabled to the next regular meeting as the easement deeds have not yet been provided to the District. DISCUSSION AND POSSIBLE DIRECTION RE REVISION OF WATER RULES AND REGULATIONS PERTAINING TO RESIDENTIAL AND COMMERCIAL WATER LINES FROM THE SERVICE LINE TO THE BUILDING The Board briefly discussed desirable water line construction standards of the portion of the line maintained by the customer, the Uniform Building Code, and the County building requirements. District Engineer Cook suggest- ed that the County be requested to amend the building codes to include the District's recommended standards, and Counsel was directed to prepare an ap- plicable resolution for consideration by the Board at the August 16th meeting. ANNOUNCEMENT OF SOLAR CONTEST WINNER - POSSIBLE DIRECTION RE INSTALLATION - CONSIDERATION OF CONTRACT WITH SOLAR KING AND LETTER OF AGREEMENT WITH THE SELECTED PARTY Earlier during the meeting it was announced that Jim and Linda Mikelich of Tahoe Donner were selected for the solar installation. President Maass explained the process by which they were chosen, and indicated other entries would be notified accordingly. The Board agreed that a feature story on the solar project should be placed in the Sierra Sun. I 8/2/82 Pg. 6 I Director Corbett moved, and Director Huber seconded, that the Board ratify the Solar Committee's choice of Jim and Linda Mikelich for the free solar installation. All Directors, aye, by voice vote. SO MOVED. District Counsel indicated the pertinent agreements had not been pre- pared as yet. WEST RIVER STREET ASSESSMENT DISTRICT - REVIEW OF DELINQUENCIES AND POSSIBLE DIRECTION - APPROVAL OF TRANSFER This matter was handled earlier in the meeting. DISTRICT ENGINEER'S REPORT Cathodic Protection District Engineer Cook expressed his pleasure with the District's deci- sion to proceed with the cathodic protection installation. He indicated that District personnel could participate in the installation, and noted the first activity would be installation of the isolating coupling so that the elec- trical potential between various components of the Tahoe Donner system can be measured. The sacrificial anode installation in other areas of the District can commence as soon as the final design is complete. He advised he would provide the District with a more definitive shcedule of efforts and costs shortly. DISTRICT COUNSEL'S REPORT Mr. Simon noted he would report on several items during closed session. CORRESPONDENCE I John Corbett's letter of July 28, 1982 Director Corbett mentioned his visit with a representative of the Cal- ifornia Energy Commission and their discussion regarding the development and use of every possible energy source, and District participation in an energy association. He indicated he would provide the Board with worthwhile informa- tion received from Mr. Saltman of the CEC. Mr. Ward's memo of July 21, 1982 It was mentioned that Mr. Ward discussed the District's desire to re- zone the office property and the 1.9 acre parcel from Public to Commercial with the Nevada County Planning Department. The District cannot rezone at this time because its properties are shown on the General Plan as Public Zone; the District is considered a property owner and msut apply and pay the appropriate fees to rezone and amend the General Plan. Ward to Captain Brombecker - July 23, 1982 Respecting the Dodge Van parked on Tonini Springs property, Mr. Ward advised he would investigate to see whether or not it has been moved. I The General Manager noted the debris has been removed from District property adjoining the Koepf and Lange building by District crews, and Mr. Lange has agreed to payment of the costs incurred. Ward to King (Martis Valley Meadows) - July 28, 1982 Brief mention was made of Mr. Ward's letter to the consulting engineer for Martis Valley Meadows wherein he noted the District requires the develop- er to file an application and deposit an application fee in the amount of $750prior to proceeding with the initial steps of the development agreement process. Placer County annexation Son* discussion ensued regarding the island of property owned by Estabrook which was created by the Martis Woods annexation. No direction respecting 8/2/82 Pg. 7 resolution of the problem was given. PLANNING DEPARTMENT NOTICES MacDonald' s Restaut ant Concern was voiced teg irding wells and pump houses in the proximity of the proposed MacDonald's Restaurant, and liquid gas tanks proposed to be in- stalled by the developers. President Maass directed that an appropriate let- ter be written. CLOSED SESSION The President adjourned the meeting to closed session at 11:00 P.M. RETURN TO PUBLIC SESSION The meeting was returned to public session at 11:09 P.M., and the Chair- man advised that legal aspects of the Senior Citizen Housing/Aiello matter were discussed. No action was taken. ADJpuraMENT There being no further business before the Board, the meeting was ad- journed at 11:10 P.M. TRUCKEE DONNER PUBLIC UTILITY DISTRICT I ""\ Suh By M, Craig, Deputy District Cl>-rk James A. Maass, President I I 8/2/82 Pg. 8