HomeMy WebLinkAboutAgenda BILLS FOR BOARD APPROVAL FEBRUARY 18, 1986
Water Dept. Description
Sauers Engineering Inc. $11 ,215.50 Two monthly billings for Innsbruck Pump Station,
Donner Trails Pump Station, Harco Corrosion
Report, Soma Sierra Pump Station, Airport Well ,
Meadow Ridge Apt. , Business Park, Truckee
Junction
Total $11 ,215.50
COPIES TO:
BOARD:
c- MANAGER: "
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MEMORANDUM
TO: Board of Directors
Truckee-Donner Public Utility District
FROM: John M. Phelps , District Counsel
DATE: February 11, 1986
RE: Regular, Special and Emergency Meetings; Ordinances;
Hearing Requirements; Publication Requirements
At the conclusion of the February 3, 1986, regular board
meeting, President Maass asked me to (1) provide the Board with a
brief review of all of the applicable notice requirements for
regular' and special meetings, (2) describe the situations in
which the District must act by ordinance, and (3) indicate what
notice, publication, and hearing requirements apply to ordinances
adopted by the District. This Memorandum will be, therefore, a
brief overview of the requirements contained in the Public
Utility District Act and the Government Code.
References to the Public Utilities Code will appear as PUC
§ and references to the Government Code shall appear as
GC §
This memorandum, with one exception, discusses only the
requirements of state law. I have not reviewed the District
bylaws , in their entirety, and have not reviewed past Board
policies. There may be other bylaws or policies of which I am
not aware which expand upon the requirements of state law.
The District is governed by PUC §16071 and by GC §54953, a
portion of the Brown Act, which require that the District' s board
meetings be open to the public, unless a special exception
applies. These sections require only that board meetings be open
to public attendance. Neither these sections nor any other law
requires that public input be taken, or that any special portion
of the meeting be set aside for public input. The law merely
requires that the public at all times be permitted to attend and
observe their public officials during the conduct of their
meetings. However, it has been the District' s traditional
practice, and that of most public agencies, to encourage public
input. It is generally felt that public input can be beneficial
and informative to the Board, and that encouraging public input
will permit the public to feel that they have a strong voice in
actions taken by public agencies.
There is no requirement in either the Public Utility
District Act or the the Government Code that special "public
hearings" be scheduled or set aside during the course of Board
meetings. In effect, because of the open meeting laws , all Board
meetings could be considered to be "public hearings" because the
public has a right to attend.
Memo -2-
1
Set forth below is a description of the types of notices and
publication that must be provided with respect to regular,
special, and emergency Board meetings.
A. Regular Meetings.
PUC § 16071 states that the Board shall establish rules for
its proceedings , and shall provide a time and a place for the
holding of meetings. The District is not required to post any
particular form of notice or conduct any newspaper publication
with respect to its regular meetings. The Board is merely
required to hold its regular meetings at a standard time and
place as set forth by Board ordinance, resolution, bylaw or rule.
However, if within the past year a property owner within the
District has requested, in writing, a notice of regular Board
meetings , then notice of the regular meeting must be mailed to
the landowner at least one week before the meeting. (GC
§54954. 1)
B. Special Meetings.
The District is not required to post any particular form of
notice or conduct any newspaper publication with respect to its
special meetings. However, the District must provide a written
notice to all directors , and to any newspaper, radio station, or
television station that has requested, in writing, a notice of
special meetings . (GC §54956) The notice to be provided to
directors and newspapers , radio and television stations may be
mailed or hand delivered , but must be received by the party at
Memo -3-
least 24 hours before the Board meeting. (GC §54956) If a
director who did not receive a notice of the special meeting
appears at the special meeting and is willing to participate in
the special meeting, then the notice requirement is waived. (GC
§54956) However, a director who did not receive notice can
decline to participate in the special meeting, in which case the
special meeting may not be held, since the notice requirements
were not met. (GC §54956)
If the Board schedules the special meeting at least one week
in advance, then any landowner who, during the past year, has
r" requested a notice of such meetings shall be mailed a notice of
the special meeting.
C. Emergency Meetings.
The District is not required to post any particular form of
notice or conduct any newspaper publication witl. respect to its
emergency meetings. Emergency meetings may be called only in the
case of a work stoppage , crippling disaster, or other similar
emergency. (GC §54956. 5) If an emergency meeting is called, the
District is not required to provide written notice to directors
or to newspapers , radio or television stations. (GC §54956. 5)
However, the President o` the Board must attempt to notify by
telephone any newspaper, radio station, or television station
that has requested notice at least one hour before the meeting.
(GC 554956. 5) No closed session may be held during an emergency
meeting. (GC §54956 . 5)
Memo -4-
i
In summary, the District is not required by state law to
post at any location within the district or publish in a
newspaper any notice of a regular, special, or emergency meeting.
Of course, the District has the power to adopt its own rules with
respect to notice and posting of meetings so as to provide
greater notice than is required by state law. The District has
done so in Section 7 (c) of its bylaws which provides:
(c) Written notice of all meetings shall be
posted at the District office, the United States Post
Office in Truckee, the Nevada County Government Center,
the Truckee Branch of the Nevada County Library, the
Truckee office of the Sierra Sun, and such other
locations as may from time to time be determined by the
Board of Directors.
Any such rule or bylaw, since adopted by the Board, could be
altered or amended by the Board.
D. Ordinances, Resolutions and Motions.
PUC § 16072 provides that the District Board may act only by
ordinance, resolution or motion. In all cases, the individual
vote of each director shall be recorded.
Neither the Public Utility District Act nor the Government
Code makes any distinction between resolutions and motions.
Typically, resolutions are in writing, and motions merely appear
in the minutes of the Board meetings. However, special rules are
provided with respect to ordinances , and these rules are set
forth below:
Memo -5-
1
PUC § 16077 provides:
All expenditures of money for the benefit of the
district on any account or for any purpose, all
contracts of every kind, and all tax levies for a
purpose other than interest or sinking fund payments
shall be first authorized by the Board by ordinance, in
every case where an expenditure or the amount involved
in a contract exceeds one hundred thousand dollars
($100,000) , or the amount proposed to be raised by a
tax levy exceeds fifty thousand dollars ($50,000) .
Section 16077 was adopted in 1953 and has never been
amended. I have attempted to determine what $100,000 in 1953
would be equivalent to in today' s dollars. The Consumer Price
Index was first established by the United States Department of
Labor in 1967. Since then, due to inflation, what $100,000 would
have purchased in 1967 would require $327,000 to purchase today.
I would estimate, based on inflation since 1967, that what
$100,000 would have purchased in 1953 would require approximately
$600,000 to purchase today. Had the Legislature amended § 16077
to keep up with inflation, therefore, an ordinance would only be
required with respect to contracts or expenditures in excess of
$600,000.
The language of S 16077 is very broad and encompasses "all
expenditures of money . . . on any account or for any purpose, all
contracts of every kind Because of this very broad
language , I believe that an ordinance is necessary for
expenditures such as the proposed pump station expansion, even
though the funds to be expended were provided by a private
company and contractually committed for pump station expansion.
Memo -6-
Ordinances are also required for very special actions of the
Board, such as a decision to form an assessment district, levy
taxes, annex property, call special elections, or acquire public
works. However, in the normal course of the District' s affairs,
the only ordinance provision that will generally come up is the
requirement relating to expenditures or contracts involving more
than $100, 000.
The following steps must be taken when the District intends
to adopt an ordinance:
1. There is no requirement that a special "public hearing"
be scheduled or noticed in advance of the meeting at which the
ordinance will be considered. An ordinance may be adopted at any
regular Board meeting or at any special meeting where the notice
of the special meeting referred to the proposed ordinance.
However, once adopted at a Board meeting, an ordinance may not
take effect for at least 30 days after its adoption. (PUC
§16075)
2. At least one week before the expiration of the 30-day
period (i.e. , during the 23 days following adoption) , the clerk
of the District shall post a copy of the ordinance in at least
three public places within the District, and shall publish a copy
of the ordinance at least once in a newspaper of general
circulation in the area. (PUC §16075)
3. During this 30-day waiting period, persons objecting to
the ordinance may , by a petition signed by 10 percent of the
Memo -7-
number of voters who voted in the last gubernatorial election,
object to the adoption of the ordinance. (PUC §16078)
4. If a petition is received during the 30-day waiting
period, then the ordinance is suspended while the Clerk of the
District examines the petition, verifies the signatures, and
certifies that the petition is proper. (PUC §16081)
5. If the petition is certified by the Clerk, then the
ordinance is suspended and the Board must reconsider the
ordinance. (PUC §16082)
6. If the Board repeals the ordinance, then the matter is
ended. However, if the Board still desires to adopt the
ordinance, it must first submit the ordinance to the voters at a
special election called for that purpose, and the ordinance
remains suspended until approved by a majority of voters voting
at the special election. (PUC §16083)
F. Conclusion.
In conclusion, state law does not require that the District
post notices of regular, special, or emergency meetings in a
public place; nor does state law require that the District
publish any notice of its meetings in the newspaper. Notices of
special meetings and emergency meetings must be given to
directors and to any newspapers , radio stations, television
stations, or District property owners who have properly requested
such notice .
Memo -8-
1
State law does not require that any special "public hearing"
be scheduled prior to the adoption of an ordinance or prior to
any other action by the Board. State law does provide that
expenditures or contracts in excess of $100,000 be acted upon
only by ordinance, which ordinance must be posted, published in
the newspaper, and may take effect only after its adoption.
The Board may, of course, by its own ordinance, resolution,
bylaw, or rule , adopt procedures which provide greater hearing
requirements than state law mandates. The Board could determine
to schedule a special "public hearing" before the adoption of any
ordinance. The Board could decide only to hold a special "public
hearing" in special circumstances, such as the adoption of the
budget, a raise in utility rates, or with respect to other
matters that are particularly controversial or involve a large
expenditure of money. Finally, the Board could decide not to
hold any special "public hearings" at all, since state law does
not require any.
Memo -9-
Truckee Donner Public Utility District
Post Office Sox 309 • 11570 Donner Pass Road • Truckee. California 95734
(916) 587-3896
MEMORANDUM
February 14, 1986
To: Board of Directors
From: Peter L. Holzmeist k, ;e Manager
Subject: Vehicle Maintenance
Attached for your review is a report on vehicle maintenance costs for 1985.
The report summarizes for each District owned vehicle the costs of routine
maintenance, repairs and operation. Operation costs are essentially fuel.
The report is footnoted so that there is an explanation of what was done for
the dollars spent. A few items should be brought to your attention:
1. Some of the costs that show up as repair and maintenance are
really improvements to the vehicle and should be considered
capitol investments. For example, when we purchased a cab
and chassis for the electric foreman and had tool boxes in-
stalled on the truck, those costs show up as a repair.
2. Some of the repair extended the life of the vehicle and
avoided the necessity to replace the vehicle. As an example,
when a new engine was placed in Unit #5, we added three years
to its projected replacement date. Also, after we rebuilt the
Hi-Ranger manlift on Unit #10, we transferred it onto the new
Unit #16 and will get several additional years of service from
it.
3. The line equipment that lifts men near energized wires receives
very careful maintenance attention from us. Most of that work
is done by Pac Power and it is expensive. But because of the
safety concerns involved we do not postpone that work.
4. Some of the costs that appear in the report reflect the em-
phasis we have placed on having our equipment look nicer. We
have tended not to fix dented doors and to allow paint to rust
off of our vehicles. We would like to present a cleaner image
so we have spent some money on bodywork.
As part of our report, we have prepared a graph plotting the age of vehicles in
relation to their maintenance costs. Generally, the graph shows that older ve-
hicles are more costly to maintain. Two vehicles stand out as missing the curve,
Unit #16 and Unit #12. Unit #16 costs were high in relation to miles because
it was in service for only four months and the costs of maintenances include
setting up the new truck with the Hi-Ranger off of Unit #10. Unit #12 needed
major repair work to the hydraulics.
We currently need to make some repair to Unit #18 and Unit #2, but are postpon-
ing them until the Board is satisfied that maintenance work is being conducted
in a reasonable manner.
Page 2
Memorandum
Board of Directors
February 14, 1986
D and C Roadside Service charges the following rates:
Monday - Friday
8:00 a.m. - 5:00 p.m. $35.00/hour
5:00 p.m. - 8:00 p.m. $40.00/hour
8:00 p.m. - 8:00 a.m. $45.00/hour
s
Saturday, Sunday,
Holidays $45.00/hour
Any prearranged work $35.00/hour
VEHICLE OPERATING COSTS SUMMARY - 1985
(FUEL, REPAIRS & MAINTENANCE ONLY)
1985 MAINTENANCE EXPENSES
VEHICLE YEAR TOTAL COST PER (*) CONTRACTOR TDPUD
NUMBER DESCRIPTION PURCH MILES (HOURS) MILES (HOURS) PREVENTIVE REPAIRS PREVENTIVE REPAIRS
1 CHEV. PICK-UP LUV 1979 10031 $0.194 $1,394.00 (1) $38.00
4 x 4, 1/2 TON $123.00 (8)
2 1975 CHEV. 4 YARD 1978 2635 $0.361 $140.00 $126.00 $26.00
DUMP TRUCK $117.00 (8)
3 DODGE SERVICE TRUCK 1975 SOLD 2-85 $30.00
4 x 4, 1/2 TON $14.00 (8)
4 CHEV. SERVICE TRUCK 1980 6947 $0. 267 $140.00 $375.00 $63.00 $82.00
4 x 4, 1/2 TON $123.00 (8)
5 CHEV. SERVICE TRUCK 1981 15207 $0.443 $70.00 $3,212.00 (2) $310.00 $310.00
4 x 4, 1 TON $123.00 (8)
6 SUBARU STATION WAGON 1978 5809 $0.260 $35.00 $1,126.00 (3) $9.00
4 X 4 $123.00 (8)
7 FORD LINE TRUCK 1967 487 $3.729 $402.50 $1,227.00 (4) $102.00
4 x 4 - A FRAME $123.00 (8)
8 FORD, RANGER PICK-UP 1983 9455 $0.238 $105.00 $1,286.00 (5) $133.00 $134.00
4 X 4, 1/2 TON $123.00 (8)
9 FORD, RANGER PICK-UP 1983 9594 $0.219 $122.50 $1,071.00 (6) $181.00 $181.00
4 x 4, 1/2 TON $123.00 (8)
10 INTERNATIONAL HARVESTER 1975 3972 $1.625 $606.00 $4,300.00 (7) $106.00
4 X 4 BUCKET TRUCK RETIRED 8/85 $69.00 (8)
11 FORD SERVICE TRUCK 1985 STARTED OPERATIONS
4 x 4, 1 TON IN 1986
1 �
VEHICLE YEAR TOTAL COST PER (*) CONTRACTOR TDPUD
NUMBER DESCRIPTION PURCH MILES (HOURS) MILES (HOURS) PREVENTIVE REPAIRS PREVENTIVE REPAIRS
12 1982 GMC LINE 1983 5667 $1.561 $542.50 $5,968.00 (9) $671.00 $671.00
TRUCK-BOOM $123.00 (8)
16 GMC BUCKET TRUCK 1985 2379 $1.005 $192.50 $1,936.00 (10) $116.00
4 X 4 4 MOS. OPERATION $39.00 (8)
17
18 FORD LINE TRUCK 1972 3659 $3.851 $385.00 $11,262.00 (11) $577.00 $577.00
BOOM & BUCKET $123.00 (8)
19 CHEV. SERVICE TRUCK 1978 11267 $0.263 $966.00 (12) $105.00 $105.00
4 x 4, 3/4 TON $123.00 (8)
20 TOYOTA PICK-UP 1978 SOLD 2/85 $42.00
1/2 TON $14.00 (8)
21 TOYOTA PICK-UP 1978 SOLD 2/85 $30.00
1/2 TON $14.00 (8)
22 TOYOTA PICK-UP 1978 SOLD 2/85 $25.00
1/2 TON $14.00 (8)
24 JOHN DEERE TRACTOR 1980 (326) ($10.354) $105.00 $2,793.00 (13) $213.00 $213.00
AND BACKHOE $123.00 (8)
25 FORD BRONCO 1985 11807 $0.097 $28.00
4 x 4 $123.00 (8)
26 FORD SERVICE TRUCK 1985 14992 $0.299 $35.00 $1,894.50 (14)
4 x 4, 3/4 TON $123.00 (8)
27 FORD SERVICE TRUCK 1985 5950 $0.239 $35.00 $82.00
4 x 4, 3/4 TON 8 MOS. OPERATION $123.00 (8)
28 FORD RANGER 1985 15194 $0.089 $79.00
4 X 4, 1/2 TON $123.00 (8)
� l �
VEHICLE YEAR TOTAL COST PER (*) CONTRACTOR TDPUD
NUMBER DESCRIPTION PURCH MILES (HOURS) MILES (HOURS) PREVENTIVE REPAIRS PREVENTIVE REPAIRS
29 FORD RANGER 1985 10021 $0.103 $105.00
4 X 4, 1/2 TON 11 MOS. OPERATION $123.00 (8)
30 FORD RANGER 1985 9112 $0.101 $35.00 $19.00
4 x 4, 1/2 TON 11 MOS. OPERATION $123.00 (8)
FOOTNOTES
(*) THE COST PER MILE OR HOUR OF OPERATION INCLUDES COSTS OF FUEL & OIL AS WELL AS MAINTENANCE.
(1) $1,311.00 - BODY WORK & PAINT
(2) $924.00 - LABOR TO REPLACE MOTOR
$821.00 - REAR SPRINGS & LABOR
$576.00 - SHOCKS & BRAKES
$435.00 - TIRES
(3) $1,103.00 - BODY WORK & PAINT
(4) $408.00 - REPLACE VALVE GUIDES & LIFTERS
$231.00 - NEW TRAILER HITCH & MOUNT
$295.00 - REPLACE EXHAUST SYSTEM
(5) $492.00 - REPLACE CLUTCH, PRESSURE PLATE & THROW OUT BEARING
$447.00 - REPLACE CRANK SHAFT, RINGS & BEARINGS. FORD PAID $908.00.
(6) $364.00 - BODY WORK & PAINT
$243.00 - REPLACE WINDSHIELD
$206.00 - REPAIR IGNITION SYSTEM
(7) $3,066.00 - PAC POWER, REPAIR HI-RANGER MANLIFT
$550.00 - TOW TO PAC POWER AND RETURN
$310.00 - REPAIR DEADMAN CIRCUIT, MICO LOCK & CARBURETOR
(8) THIS REPRESENTS THIS VEHICLE'S SHARE OF M. PIMENTAL'S WAGES AND CONCERNS (A) VEHICLE RECORD KEEPING,
(B) OIL TESTING AND, (C) FUEL ADDITIVE
(9) $561.00 - EXHAUST LEAK - PIPE & SPARK ARRESTOR REPLACED
$275.00 - TOW TO SACRAMENTO FOR WARRANTY WORK
$1,911.00 - TIRES & RIMS - BREAK DOWN AND REMOUNT
$1,200.00 - ROTATION GEAR BOX - BOOM
$477.00 - WINCH ROPE
$695.00 - MISCELLANEOUS HYDRAULIC REPLACEMENT
$250.00 - AIR HORN INSTALLED
$389.00 - WIRE REEL HOLDER
(10) $551.00 - EXHAUST COMING INTO CAB. PARTS & MANUFACTURE STACK ABOVE CAB
$345.00 - STROBE LIGHTS & INSTALL
$262.00 - NEW ALTERNATOR, FAULTY WARRANTY REPAIR
$140.00 - FRAME INSPECTION
$105.00 - REPLACED FAULTY GOVERNOR FOR BOOM
)
FOOTNOTES CONTINUED
(11) $3,890.00 - BOOM ROTATION GEAR & LABOR TO REMOVE & REPLACE
$1,326.00 - REMOVE & REPAIR SPRING MOUNTS & HANGARS. REPLACED STARTER GEAR RING & STARTER.
$1,193.00 - HYDRAULIC REPAIRS
$1,050.00 - TIRES
$955.00 - WHEEL RIMS (7)
$513.00 - MANUFACTURE WIRE REEL HOLDERS, INSTALL BLOCK HEATER
$512.00 - BRACKETS TO HOLD MEN WORKING SIGNS, SOLENOID SWITCH CHANGE OVER FOR FUEL TANKS-WIRING
$477.00 - WINCH CABLE
$346.00 - WINDSHIELD WIPER MOTOR & ARM - LABOR
(12) $502.00 - PARTS & LABOR FOR BRAKE JOB - MACHINE ROTORS & DRUMS. REPACK FRONT BEARINGS. REPLACE REAR SEALS,
REMOVE REAR DIFFERENTIAL COVER, CLEAN DIFFERENTIAL AND CHANGE OIL.
$277.00 - TIRES
$94.00 - PIPE-VICE BRACKET ASSEMBLY
(13) $700.00 - REMOVE DIGMORE, REPLACE CYLINDER & REBUILD CYLINDER ROD. REPLACE WEAR 'STRIPS.
$477.00 - WEAR STRIPS & CYLINDER PARTS
$140.00 - REMOVE, REBUILD CLAM CYLINDER
$785.00 - FRONT & REAR TIRES
(14) $795.00 - ACROSS THE FRAME TOOL BOX TO FIT SPACE BETWEEN UTILITY BED AND CAB
$545.00 - PAINTING OF BOTH THE ABOVE AND THE UTILITY BED TRANSFERRED FROM UNIT 3
$242.00 - STUDDED SNOW TIRES
$114.00 - FRONT END ALIGNMENT
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COST PER MILE BY AGE OF VEHICLE
$4.00
9
8
7-
6-
5-
4-
3-
2-
1-
3.00
9-
8-
7-
6-
5-
4-
3-
2-
1-
2.00
9-
8-
7 Unit #12
6-
5-
4-
3-
2- Unit #16
1-
1.00 •
9-
8-
7-
6-
5-
4- •
3- •
2- •
1- ••
'72 '73 '74 '75 '76 177 '78 '79 180 181 '82 '83 '84 '85