HomeMy WebLinkAbout2001-06-29 Min - Board SPECIAL MEETING
June 29, 2001
In accordance with District Code Section 2.08.010, the TDPUD minutes are action only
minutes All Board meetings are recorded on audio tapes which are preserved perpetu-
ally and made available for listening to any Interested party upon their request.
The special meeting of the Board of Directors of the Truckee Donner Public Utility District was
called to order at 9:10 AM in the TDPUD Board room by Director Sutton in the absence of the
President and Vice President.
ROLL CALL: Directors Patricia Sutton, Nelson VanGundy and Ron Hemig were present; Direc-
tors Joe Aguera and James Maass were absent.
EMPLOYEES PRESENT: Neil Kaufman, Ed Taylor, Peter Holzmeister and Susan Craig.
CONSULTANTS PRESENT: There were no consultants present.
OTHERS PRESENT: Juanita Schneider and Dorothy Burden.
PUBLIC INPUT
There was no public input.
CONSIDERATION OF RESOLUTIONS AUTHORIZING NEVADA AND PLACER COUNTIES
-` TO COLLECT THE ANNUAL ASSESSMENTS RELATING TO DONNER LAKE ASSESS-
MENT DISTRICT NO. 2000-001
Director Hemig moved, and Director Van Gundy seconded, that the Board adopt the following:
• Resolution No. 2001-21 implementing and fixing Donner Lake Assessment District No.
00-1 charges for the fiscal year 2001-2002
• Resolution No. 2001-22 requesting collection of Donner Lake Assessment district annual
charges on Placer County tax roll
• Resolution No. 2001-23 fixing and placing Donner Lake Assessment District annual
charges on District tax roll for collection by the County of Nevada
Further, that the Acting President be authorized to sign the resolutions. ROLL CALL: Aguera
and Maass, absent; all other Directors, aye. SO RESOLVED.
CONSIDERATION OF CONTINUING THE EMERGENCY ACTION RELATING TO RE-
PLACEMENT OF THE DONNER LAKE WATER INTAKE PROJECT
Director Hemig moved that the Board continue the emergency action relating to replacement of
the Donner Lake water intake project; the motion was seconded by Director Van Gundy. ROLL
CALL: Aguera and Maass, absent; all other Directors, aye. SO MOVED.
6/29/01 Page 1
-- CONSIDERATION OF USEPA DE MINIMUS SETTLEMENT OFFER RE PCB SUPERFUND
CLEAN-UP; POSSIBLE ACTION
In prior reports the board was noted of a PCB superfund clean-up that would be taking place
in Kansas City, Missouri and Kansas City, Kansas and the fact that the TDPUD would be in-
volved to some extent. At that time, District attorneys advised that we wait and not accept the
then-offered De Minimus settlement.
On June 8, 2001, the District received another De Minimus settlement offer from the USEPA.
This offer, the latest and last, places the cost of clean-up at $34,752,000, and the District's set-
tlement at either$87,383 or$116,511. The different costs are based on two options.
Electric Superintendent Quinn reviewed the options with the Directors and the attorney's opinion
was discussed.
Director Van Gundy moved, and Director Hemig seconded, that the Board approve Option 1
and accept the EPA's De Minimus settlement offer of $87,383.43. ($87,383.43 is the cost to be
paid by the TDPUD based on the clean-up estimate of$34,752,000 not to exceed $60,000,000.
Should costs exceed $60M, the District would be liable for shared costs of the amount over the
$60M.) ROLL CALL: Aguera and Maass, absent; all other Directors, aye. SO MOVED.
ADJOURNMENT
There being no further business before the Board, the meeting was adjourned at 9:27 AM.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
G-
Jam A. Maass, P dent
Prepared b
. L_�r��1 _
Susan M. Craig, Deputy District Clerk
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6/29/01 Page 2
Public Utility District
FF
Resolution No. 2001-21
Implementing And Fixing Donner Lake Assessment District No 00-1
Charges For The Fiscal Year 2001-2002
WHEREAS on September 6, 2000 the Truckee Donner Public Utility District (District)
appointed Terrance Lowell and Associates (TLA) to act as assessment district engineer
regarding possible formation of the Donner Lake Assessment District; and
WHEREAS TLA prepared and submitted the Donner Lake Water Assessment District No.00-
1 Engineer's Report; and
WHEREAS ON February 15, 2001 the District, based on the Engineer's Report, mailed an
assessment ballot to each property owner within the proposed Donner Lake Assessment
District territory asking said property owners to cast said ballots in favor of or opposed to
formation of the Assessment District; and
WHEREAS 1,138 ballots were returned of which 983 voted in favor of and 155 voted in
opposition to formation of the Donner Lake Assessment District; and
WHEREAS the dollar value of favorable votes was $6,977,549 and the dollar value of
opposition votes was $1,071,301; and
WHEREAS the Board of Directors of the District adopted Resolution Number 2001-09 Making
Determinations, Confirming Assessments and Proceedings, Ordering the acquisition and
Construction of Improvements and Taking Certain Other Actions Relating to Donner Lake
Assessment District No. 00-1; and
WHEREAS the District on May 2, 2001 adopted Resolution No 2001-10 Declaring the Public
Interest and Necessity for the Acquisition of Certain Properties, being the Water System of the
Donner Lake Water Company; and
WHEREAS on May 18, 2001 the District filed a complaint in eminent domain in Nevada
County Superior Court and on that same date the Court signed an Order of Possession
granting the District possession of the Donner Lake Water system
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner
Public Utility District as follows:
1. The Donner Lake Assessment District annual assessments for the fiscal year
2001-2002 shall be the sum as set forth in the Donner lake Water Assessment
2, District No. 00-1 Amended Engineer's Report amortized over 20 years at an
interest rate of 3.5 percent.
3. The District shall determine the lands to be affected thereby for the current fiscal
year and the charges to be assessed, levied and collected on the lands and
parcels, and upon the completion thereof a subsequent resolution shall be
approved fixing and placing the Donner Lake Assessment District charges on
the District tax roll for collection by Placer and Nevada Counties.
4. Certified copies of this resolution shall be forwarded to the County Auditor of the
County of Placer and the County Auditor of the County of Nevada.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility
District at a meeting held within the District on June 29, 2001 by the following roll call vote:
AYES: Van Gundy, Hemig and Sutton.
NOES: None.
ABSENT: Aguera and Maass.
.. TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Patricia S.Sutton, Acti g President
ATTEST:
Peter L. Holzmeister, District Clerk
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,;. TRUCKEE DONNER
Public Utility District
Resolution No. 2001-22
Requesting Collection of Donner Lake Assessment District
Annual charges on Placer County Tax Roll
WHEREAS,the Truckee Donner Public Utility District requests the County of Placer collect
on the County tax rolls certain charges which have been imposed by the District pursuant to
Resolution No. 2001-09 and Resolution No. 2001-
WHEREAS,the County has required as a condition of the collection of said charges that the
District warrant the legality of said charges and defend and indemnify the County from any
challenge to the legality thereof,
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner
Public Utility District as follows:
1. The Auditor-Controller of Placer County is requested to attach for collection
on the County tax rolls those taxes, assessments, fees and/or charges,
attached hereto.
2. The District warrants and represents that the taxes, assessments, fees
and/or charges imposed by the district and being requested to be collected
by Placer County comply with all requirements of state law, including but not
limited to Articles XIIIC and XIIID of the California Constitution (Proposition
218).
3. The District releases and discharges County, and its officers, agents and
employees from any and all claims,demands,liabilities,costs and expenses,
damages, causes of action, and judgments, in any manner arising out of the
collection by county of any taxes, assessments, fees and/or charges on
behalf of District.
4. The District agrees to and shall defend, indemnify and hold harmless the
county, its officers, agents and employees (the "Indemnified Parties") from
any and all claims, demands, liabilities, costs and expenses, damages,
causes of action, and judgments, in any manner arising out of the collection
by County of any of District's said taxes, assessments,fees and/or charges
requested to be collected by County for district, or in any manner arising out
of District's establishment and imposition of said taxes, assessments, fees
and/or charges. District agrees that, in the event a judgment is entered in a
court of law against any of the Indemnified Parties as a result of the
collection of one of District's taxes, assessments, fees and/or charges, the
County may offset the amount of the judgment from any other monies
collected by County on behalf of District, including property taxes.
5. The District agrees that its officers,agents and employees will cooperate with
the County in answering questions referred to District by County from any
person concerning the District's taxes, assessments, fees and/or charges,
and that District will not refer such persons to County officers and employees
for response.
6. The District agrees to pay such reasonable and ordinary charges as the
County may prescribe to recoup its costs in placing on the tax rolls and
collecting the taxes, assessments, fees and charges, as provided by
Government Code section 29304 and 51800.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a
meeting held within said District on June 29, 2001 by the following roll call vote:
AYES: Van Gundy, Hemig and Sutton.
NOES: None.
ABSENT: Aguera and Maass.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
M BY
Patricia S. Sutton Pre ident
ATTEST:
Peter L. Holzmeist , District C erk
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-Public
Resolution No. 2001-23
Fixing and Placing Donner Lake Assessment District Annual
Charges on District Tax Roll for Collection by the County of
Nevada
WHEREAS,the Truckee Donner Public Utility District on May 2, 2001 adopted Resolution No 2001-
09 making determinations, confirming assessments and proceedings,ordering the acquisition and
construction of improvements and taking certain other actions relating to Donner Lake Water
Assessment District no. 00-1; and
WHEREAS, on June 29, 2001 the Board adopted Resolution No. 2001- implementing and fixing
Donner lake Assessment District No. 00-1 charges for the fiscal year 2001-2002; and
WHEREAS, the District has now determined the lands affected thereby and the charges to be
assessed, levied and collected on the lands and parcels; and
WHEREAS, by Resolution No. 9723 adopted November 5, 1997, the Board of Directors of the
Truckee Donner Public Utility District approved execution of a continuous Standard Form Tax
Collection Services Contract with the County Of Nevada;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public
Utility District as follows:
1. That the Board of Supervisors of the County of Nevada, State of California, levy the
Donner Lake Assessment District charges against the parcels and owners of record listed
on the computer itemization of parcels kept and maintained in the Administrative Services
Department of the District and made a part hereof by reference, and that the County
Auditor and Tax Collector be instructed to levy and collect said charges in the same
manner as County taxes as by law and in said ordinance provide. Upon completion and
correction of the current list through June 30,2000,a copy will be forwarded to the Auditor
Controller of the County.
2. The District warrants and represents that charges imposed by the District and being
requested to be collected by Nevada County comply with all requirements of state law,
including but not limited to Articles XIIIC and XIIID of the California Constitution
(Proposition 218).
3. That a certified copy of this resolution be forwarded to the County Auditor of the County of
Nevada.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a
meeting held within said District on June 29, 2001 by the following roll call vote:
AYES: Van Gundy, Hemig and Sutton.
NOES: None.
ABSENT: Aguera and Maass.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Patricia S. Sutto ,A, ting President
ATTEST:
Peter L. Holzmeister, District Clerk
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