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Home My WebLink About2004-07-21 Min - Board REGULAR MEETING July 21, 2004 In accordance with District Code Section 2.08.010, the TDPUD minutes are action only min- utes. All Board meetings are recorded on audio tapes which are preserved perpetually and made available for listening to any interested party upon their request. The regular meeting of the Board of Directors of the Truckee Donner Public Utility District was called to order at 7:01 PM in the TDPUD Board room by President Maass. ROLL CALL: Directors Joe Aguera, Ron Hemig, James Maass, Patricia Sutton and Nelson Van- Gundy were present. EMPLOYEES PRESENT: Jim Wilson, Alan Harry, Kathy Neus, Tammie Hoedeman, Mary Chap- man, Peter Holzmeister, Steve Hollabaugh and Barbara Cahill CONSULTANTS PRESENT: Steve Gross, John Murphy, Larry Rolapp, Dennis Decuir, Rick Kauf- man and Chris Fisher. OTHERS PRESENT: Frank and Juanita Schneider, George Blanz, Mark Wasley, Ed Morgan Rick McCann, Jay Lambiotte, George Blanz, Katrina Paz and one other member of the public. PUBLIC INPUT There was no public input. ACTION ITEMS RELATING TO CFD 04-1 GRAYS CROSSING — PRIOR TO THE PUBLIC HEAR- ING Director Maass recused himself from the dais and moved to a seat in the audience because his resi- dential property borders the Gray's Crossing development area. Attorney Steve Gross of Porter Simon excused himself from the dais and moved to a seat in the au- dience because the law firm works for East/West partners, but not on this project. Director Sutton challenged the order of the agenda and feels the Public Hearing is being held pre- maturely with the action of amending the boundary map occurring tonight. In addition, she wanted the record to note she does not believe it is appropriate action for the District to provide funding for a development aimed at second homeowner market with the major attraction of a golf course. CONSIDERATION OF A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AMENDING THE PROPOSED BOUNDARIES OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT COMMUNITY FACILITIES DISTRICT NO. 04-1 (GRAYS CROSSING) Director Hemig moved and Director Aguera seconded, a motion to adopt a resolution amending the proposed boundaries of the Truckee Donner PUD Community Facilities District NO. 04-1 (Grays Crossing). ROLL CALL: Director Maass, recused; Director Sutton, no; All other Directors, aye. SO MOVED. 1 July 21, 2004 CONSIDERATION OF A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT APPROVING AGREEMENTS WITH THE TOWN OF TRUCKEE AND THE TRUCKEE SANITATION DISTRICT CONCERNING CERTAIN FACILITIES EXPECTED TO BE FINANCED BY TRUCKEE DONNER PUBLIC UTILITY DISTRICT COMMU- NITY FACILITIES DISTRICT NO. 04-1 (GRAYS CROSSING) Director Aguera moved and Director Hemig seconded, a motion to adopt a resolution approving the agreements with the Town of Truckee and the Truckee Sanitation District concerning certain facili- ties expected to be financed by Truckee Donner PUD Community Facilities District NO. 04-1 (Grays Crossing). ROLL CALL: Director Maass, recused; Director Sutton, no; All other Directors, aye. SO MOVED. CONSIDERATION OF A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT APPROVING AN ACQUISITION AND DISCLOSURE AGREEMENT IN CONNECTION WITH TRUCKEE DONNER PUBLIC UTILITY DISTRICT COM- MUNITY FACILITIES DISTRICT NO. 04-1 (GRAYS CROSSING) Director Aguera moved and Director Hemig seconded, a motion to adopt a resolution approving an Acquisition and Disclosure Agreement in connection with Truckee Donner PUD Community Facilities District No. 04-1 (Grays Crossing). ROLL CALL: Director Maass, recused; Director Sutton, no; All other Directors, aye. SO MOVED. PUBLIC HEARING —At 7:00 PM or as soon thereafter as possible A public hearing will be held for the purpose of receiving written and or oral comments from mem- bers of the public regarding the Board's intent to form Truckee Donner Public Utility District Commu- nity Facilities District No. 04-1, Grays Crossing, to levy special taxes therein and to issue bonded indebtedness. There was no public input. ACTION ITEMS CONSIDERATION OF THE FOLLOWING DOCUMENTS RELATING THE FORMATION OF AND CALLING AN ELECTION IN THE COMMUNITY FACILITIES DISTRICT NO. 04-1 (GRAYS CROSSING) A). Resolution of the Board of Directors of the Truckee Donner Public Utility District Es- tablishing Truckee Donner Public Utility District Community Facilities District No. 04-1 (Grays Crossing), Authorizing the Levy of a Special Tax therein and Establishing an An- nual Appropriations Limit Director Hemig moved and Director Aguera seconded, a motion to adopt a resolution establish- ing Truckee Donner PUD Community Facilities District No. 04-1 (Grays Crossing), authorizing the Levy of a Special Tax therein and establishing an Annual Appropriations Limit. ROLL CALL: Director Maass, recused; Director Sutton, no; All other Directors, aye. SO MOVED. B). Resolution of the Board of Directors of the Truckee Donner Public Utility District, Act- ing as the Legislative Body of Truckee Donner Public Utility District Community Facilities District No. 04-1 (Grays Crossing), Determining it Necessary to Incur Bonded Indebted- ness Within Said Community Facilities District 2 July 21, 2004 Director Hemig moved and Director Aguera seconded, a motion to adopt a resolution of the Board of Directors of the Truckee Donner Public Utility District, Acting as the Legislative Body of Truckee Donner Public Utility District Community Facilities District No. 04-1 (Grays Crossing) de- termining it necessary to Incur Bonded Indebtedness within said Community Facilities District. ROLL CALL: Director Maass, recused; Director Sutton, no; All other Directors, aye. SO MOVED. C). Resolution of the Board of Directors of the Truckee Donner Public Utility District, Act- ing as the Legislative Body of Truckee Donner Public Utility District Community Facilities District No. 04-1 (Grays Crossing), Calling a Special Election Director Van Gundy moved and Director Aguera seconded, a motion to adopt a resolution of the Board of Directors of the Truckee Donner Public Utility District, Acting as the Legislative Body of Truckee Donner Public Utility District Community Facilities District No. 04-1 (Grays Crossing), calling a special election. ROLL CALL: Director Maass, recused; Director Sutton, no; All other Directors, aye. SO MOVED. CONSIDERATION OF A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT, ACTING AS THE LEGISLATIVE BODY OF TRUCKEE DONNER PUBLIC UTILITY DISTRICT COMMUNITY FACILITIES DISTRICT NO. 04-1 (GRAYS CROSSING), DECLARING THE RESULTS OF A SPECIAL ELECTION AND APPROVING CER- TAIN RELATED ACTIONS Director Aguera moved and Director Hemig seconded, a motion to adopt a resolution of the Board of Directors of the Truckee Donner PUD, acting as the legislative body of Truckee Donner PUD Com- munity Facilities District No. 04-1 (Grays Crossing), approving an Acquisition and Disclosure Agreement in connection with Truckee Donner PUD Community Facilities District No. 04-1 (Grays Crossing), declaring the results of a special election and approving certain related actions. ROLL CALL: Director Maass, recused; Director Sutton, no; All other Directors, aye. SO MOVED. CONSIDERATION OF AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT, ACTING AS THE LEGISLATIVE BODY OF TRUCKEE DONNER PUBLIC UTILITY DISTRICT COMMUNITY FACILITIES DISTRICT NO. 04-1 (GRAYS CROSSING), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN SAID COMMUNITY FA- CILITIES DISTRICT Director Aguera moved and Director Hemig seconded, a motion to adopt an ordinance of the Board of Directors of the Truckee Donner PUD, acting as the legislative body of Truckee Donner PUD Community Facilities District No. 04-1 (Grays Crossing) authorizing the levy of a special tax within said Community Facilities District. ROLL CALL: Director Maass, recused; Director Sutton, no; All other Directors, aye. SO MOVED. CONSIDERATION OF A RESOLUTION ADOPTING ALLOCATION FACTORS TO ALLOCATE COSTS AMONG ELECTRIC, WATER AND BROADBAND BUSINESS ACTIVITIES. Director Sutton wanted the minutes to reflect her question asked about LAFCO's power assertion to require the board to enact a policy (resolution to establish cost allocations) that involves broadband expenses before the district legally has the right to exercise latent power. Director Van Gundy moved and Director Aguera seconded, a motion to adopt a resolution establish- ing a cost allocation method for use when the broadband business unit is active. ROLL CALL: Director Sutton, no (questioned equity of allocations based on labor cost) ; All other Directors, aye. SO MOVED. 3 July 21, 2004 CONSIDERATION OF AUTHORIZING THE GENERAL MANAGER TO SIGN AN ASSIGNMENT CONTRACT AMONG NCPA, THE WESTERN AREA POWER ADMINISTRATION (WAPA) AND THE DISTRICT, AND TO SIGN A DAY-AHEAD FIRMING CONTRACT WITH WAPA. Director Sutton moved and Director Aguera seconded, a motion to omit the wording General Man- ager in recommendation A and replace with Board President. All Directors aye by voice. Director Van Gundy moved and Director Aguera seconded, a motion to authorize the President of the Board to sign an assignment contract among NCPA, the Western Area Power Administration (WAPA) and the District; and authorize the General Manager or the Assistant General Manager to sign a day-ahead firming contract with WAPA when appropriate. ROLL CALL: All Directors, aye. SO MOVED. WORKSHOP DISCUSSION OF STATUS TO THE BROADBAND BUSINESS IMPLEMENTATION PROCESS Mr. Holzmeister explained there are a number of things currently taking place simultaneously: LAFCo information requests, Financing and Construction. Mr. Harry and Mr. Kaufman (Aggregate Networks) presented a revised business plan with a new format, a snapshot of monthly revenues and expenses, and more conservative assumptions. DISCUSSION OF DRAFT POLICIES FOR INCLUSION IN THE DISTRICT'S FINANCE MASTER PLAN This workshop will be rescheduled. STAFF REPORTS There were no board comments. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO GOVERN- MENT CODE SECTION 54956.9 (A), GRIEVANCE SUBMITTED BY IBEW LOCAL 1245 ON BE- HALF OF BOB SPRINGER RETURN TO OPEN SESSION No reportable action. ADJOURNMENT There being no further business before the Board, the meeting was adjourned at 9:42 PM. TRUCKEE DONNER PUBLIC UTILITY DISTRICT J es A. Maass, resident Prepared by, r" 6 ( � Barbara Cahill, Deputy District Clerk 41, 4 July 21, 2004