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HomeMy WebLinkAbout2013-06-05 Min - Board REGULAR MEETING June 5, 2013 In accordance with District Code Section 2.08.010, the TDPUD minutes are action only minutes. All Board meetings are recorded on a digital format which is preserved in Perpetuity 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 6:00 PM in the TDPUD Board room by President Bender. ROLL CALL: Directors Joe Aguera, Jeff Bender, Bob Ellis, Ron Hemig, and Tony Laliotis were present. PLEDGE OF ALLEGIANCE Director Bender led the Board and public in the Pledge of Allegiance. EMPLOYEES PRESENT Steve Hollabaugh, Lauren Schaake-Hudson, Brain Wright, Mark Thomas, Bob Mescher, Steven Poncelet, Michael Holley and Barbara Cahill CONSULTANTS PRESENT Steve Gross, Julie Desimone and Nicole Tallman OTHERS PRESENT None CHANGES TO THE AGENDA General Manager Holley stated there were no changes to the agenda. PUBLIC INPUT There was no public input. DIRECTOR UPDATE Director Ellis stated he just returned from Washington DC where he attended an American University graduation ceremony. Director Aguera said he is glad to be back. President Bender attended a Nevada County LAFCo meeting. The Commission approved the Truckee Sanitary District's Sphere of Influence. The preferred SOI is a big step, with a unanimous yes vote for the TSD's preferred sphere. That is good news as the PUD's sphere is coming up soon. PUBLIC HEARINGS PUBLIC HEALTH GOALS REPORT President Bender opened the Public Hearing at 6:05 PM. There were no public comments. No written comments had been received. The Public Hearing was closed at 6:05 PM. 1 Minutes: June 5, 2013 ` ELECTRIC AND WATER STANDBY CHARGES President Bender opened the Public Hearing at 6:05 PM. There were no public comments. No written comments had been received. The Public Hearing was closed at 6:06 PM. AMENDING THE MISCELLANEOUS FEES SCHEDULE President Bender opened the Public Hearing at 6:07 PM. There were no public comments. No written comments had been received. The Public Hearing was closed at 6:08 PM. CONSENT CALENDAR CONSIDERATION TO ACCEPT THE PUBLIC HEALTH GOALS REPORT This item involves the acceptance of the Public Health Goals Report. CONSIDERATION OF RESOLUTIONS CONTINUING ELECTRIC AND WATER STANDBY CHARGES This item involves placing electric and water standby charges on Nevada and Placer County tax rolls. CONSIDERATION OF AN ORDINANCE AMENDING THE MISCELLANEOUS FEES SCHEDULE This item involves amendments to the Miscellaneous Fees Schedule. CONSIDERATION OF ANNUAL RESOLUTIONS FOR THE DONNER LAKE ASSESS- MENT DISTRICT This item relates to the resolutions setting the assessment amount under the terms of the Donner Lake Assessment District Number 00-1 and authorizing Nevada and Placer Counties to collect the assessments on the County tax rolls. CONSIDERATION OF ANNUAL RESOLUTIONS FOR SPECIAL TAX: OLD GREENWOOD AND GRAYS CROSSING COMMUNITIES FACILITIES DISTRICTS This item concerns requesting Nevada County to collect the special assessments for the Old Greenwood and Gray's Crossing Community Facilities Districts on the Nevada County tax rolls. CONSIDERATION OF A CONTRACT EXTENSION FOR THE COMMERCIAL REFRIGER- ATION RETROFIT PROGRAM This item involves a contract extension to Castrovilla, Inc. for the Commercial Refrigeration Retrofit Program. CONSIDERATION OF APPROVING THE NCPA AND TRUCKEE DONNER PUBLIC UTILITY DISTRICT POWER MANAGEMENT AGREEMENT AMENDMENT NO. 6 This Amendment between NCPA and TDPUD extends the term of the Power Management Agreement for Scheduling services to June 30, 2014. Director Aguera moved, and Director Laliotis seconded, that the Board approve the consent calendar. ROLL CALL: All Directors aye, by voice vote. SO MOVED 2 Minutes: June 5, 2013 ACTION ITEM CONSIDERATION OF A PAYMENT TO THE TOWN OF TRUCKEE INVOLVING THE GLENSHIRE DRIVE PROJECT This item concerns a payment to the Town of Truckee for electric conduit and vault installation which are part of the Town's Glenshire Drive project. Acting on a revised staff report, Director Laliotis moved, and Director Ellis seconded, that the Board: • Authorize payment to the Town of Truckee for Electric department related work, a base amount of $213,638 plus a 10% change order contingency, for an amount not to exceed $235,002 • Authorize payment to the Town of Truckee for Water department related work, a base amount of $4,498 plus a 10% change order contingency, for an amount not to exceed $4,948 • Authorize the transfer of funds in the amounts up to $235,002 from the Electric Facility Fees Fund, and up to $4,948 from the Water Capital Replacement Fund to the General Fund ROLL CALL: All Directors aye, by voice vote. SO MOVED CONSIDERATION OF THE AUDITED FINANCIAL REPORT FOR 2012 The Board will consider accepting the audited financial reports for 2012. Director Hemig moved, and Director Ellis seconded, that the Board accept the Audited Financial Reports for 2012. ROLL CALL: All Directors aye, by voice vote. SO MOVED CONSIDERATION OF DOCUMENTS ASSOCIATED WITH THE REFINANCING OF THE SPECIAL TAX BONDS FOR COMMUNITY FACILITIES DISTRICT NO. 03-1 (OLD GREENWOOD CFD) This item involves refinancing of the Old Greenwood CFD. Director Ellis moved, and Director Hemig seconded, that the Board adopt the resolution authorizing the sale and issuance of the 2013 Special Tax Refunding Bonds. ROLL CALL: All Directors aye, by voice vote. SO MOVED ROUTINE BUSINESS TREASURER'S REPORT: May 31 2013 Approval of the fund balances as of April 30, 2013: Director Hemig moved, and Director Aguera seconded, that the Board approve the treasurer's report for the month ended April 30, 2013. ROLL CALL: All Directors, aye. SO MOVED. Approval of disbursements for May 2013 Director Aguera moved, and Director Laliotis seconded, that the Board approve the May 2013 disbursements report. ROLL CALL: All Directors, aye. SO MOVED. 3 Minutes: June 5, 2013 APPROVAL OF MINUTES FOR MAY 1, 2013 Director Laliotis moved, and Director Hemig seconded, that the Board approve the minutes of May 1, 2013 with a clarification to the consent item regarding the decrease of insurance premium. ROLL CALL:All Directors, aye. SO MOVED. CLOSED SESSION CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(2), ANTICIPATED LITIGATION,ONE CASE No reportable action CLOSED SESSION PURSUANT TO GOVERNMENT CODE 54956.9(D)(1), CONFERENCE WITH LEGAL COUNSEL ON PENDING LITIGATION: SIERRA PACIFIC POWER CO/DBA NV ENERGY SCHEDULE 4 ENERGY IMBALANCE, CASE NO. ER13-247-000 No reportable action CLOSED SESSION PURSUANT TO GOVERNMENT CODE 54956.9(D)(1), CONFERENCE WITH LEGAL COUNSEL ON PENDING LITIGATION: SIERRA PACIFIC POWER CO/DBA NV ENERGY TRANSMISSION RATE CASE, CASE NO.'S ER-13-384-000 AND EL13-44-000 No reportable action CLOSED SESSION PURSUANT TO GOVERNMENT CODE 54956.9(D)(4), CONFERENCE WITH LEGAL COUNSEL ON DECIDING WHETHER TO INITIATE LITIGATION: MERGER OF SPPCO AND NEVADA POWER By unanimous vote of the Board to intervene in the following: Case No. EC13-113-000, Case No. ER13-1607-000 and Case No. ER13-1605-000, hire counsel and consultants for the previously mentioned cases with NV Energy. CLOSED SESSION PURSUANT TO GOVERNMENT CODE 54956.9(D)(1), CONFERENCE WITH LEGAL COUNSEL ON PENDING LITIGATION: MC CRARY V. MESCHER(TDPUD) By unanimous vote of the Board to accept tender of Bob Mescher and Charles Sage for defense and indemnity in small claims court. CLOSED SESSION PURSUANT TO GOVERNMENT CODE 54956.9(D)(4), CONFERENCE WITH LEGAL COUNSEL ON DECIDING WHETHER TO INITIATE LITIGATION: MC CRARY By unanimous vote, the Board authorized litigation against McCrary, and combine the cases if possible and engage counsel. RETURN FROM CLOSED SESSION Report from Closed Session—see above under each item. 4 Minutes:June 5,2013 ADJOURNMENT There being no further business before the Board, the meeting was adjourned at 8:38 PM. TRUCKEE DONNER PUBLIC UTILITY DISTRICT Jeff Bender, President Prepared by Barbara Cahill, Deputy District Clerk 5 Minutes: June 5, 2013 Ordinance No. 2013 - 01 Amending the Miscellaneous Fees Schedule WHEREAS, the District last modified the Miscellaneous Fees Schedule in 2010; and WHEREAS, District staff analyzed the cost to provide the various services performed by District employees; and WHEREAS, District staff eliminated redundant fees; and WHEREAS, the Board directed staff to charge fees to recoverthe cost of performing the services listed on the Miscellaneous Fees Schedule, a copy of which is entitled Exhibit A and is attached hereto; and WHEREAS, the Board wishes to impose fees in a fair manner to its customers and others requesting services; and WHEREAS, the Board of Directors held a workshop to discuss the changes; and WHEREAS, a notice of a public hearing was advertised on May 22, 2013 in the local newspaper; and WHEREAS, the Board of Directors held a public hearing on June 5, 2013 to receive public comment on the proposal to update the Miscellaneous Fees Schedule. NOW, THEREFORE, BE IT ORDAINED that the Board of Directors of the Truckee Donner Public Utility District does hereby enact the following: Section 1 The Board of Directors hereby adopts the above recitals as its findings. Section 2 Payment and collection of services performed and listed on the Miscellaneous Fees Schedule (Exhibit A attached): The person, company or organization requesting the service shall pay and the District will collect the fees listed on the Miscellaneous Fees Schedule for the performance of any of the services listed thereon. When possible, fees will be collected in advance of District staff performing such services. Otherwise, the District will bill the person, company or organization requesting to have such service performed for the fees or actual charges incurred. In cases of damage to District facilities, the District will bill the responsible party. 1 Ordinance 2013- 01 Section 3 Methods of payment Payment may be made by any method that has been established by the District for that service. Persons, companies or organizations will be informed of the available methods of payment at the time of the charge or at the time of the billing. Section 4 Future Miscellaneous Fees schedule review District staff will review this schedule each year and recommend any changes for the Board's consideration. Section 5 Effective with the effective date of this Ordinance, all prior resolutions and ordinances pertaining to the Miscellaneous Fees Schedule are rescinded and of no further force and effect. Section 6 This ordinance shall be effective thirty (30) days after the date it was adopted by the Board of Directors. Section 7 The Clerk of the District shall immediately cause a copy of this ordinance to be published in a newspaper of general circulation and posted in three places within the District. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the 5t" day of June 2013 by the following roll call vote: f AYES: Directors Aguera, Bender, Ellis, Hemig and Laliotis NOES: None ABSTAIN: None ABSENT: None TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Je Bender President ATTEST: Michael D. Holley, Clerk of the Board f 2 Ordinance 2013- 01 Exhibit A - Miscellaneous Fees Electric and Water Amount Account, new account setup, electric and water(no charge for automatic transfers;$30 discount for last read, no special read) $60.0 After-hours call out, electric and water(no after-hours calls are allowed for a reconnection after a disconnection d0 ue to non-payment) $60.0 Excavation or snow removal $0.00 Facilities, security lights, monthly service, 100W (or equivalent) $300.00 Facilities, security lights, monthly service, 20OW (or equivalent) $15.00 Facilities, security lights, monthly service, 30OW (or equivalent) $20.00 Facilities, security lights, permanent relocation $30.00 Meter, electric and water, special read Actual Cost Meter, electric, replacement,standard polyphase $30.00 Meter, electric, replacement, standard single phase $725.00 Meter, electric, resealing (no charge for first occurrence in 36 months) $160.00 Meter, electric, testing (no charge for first occurrence in 36 months; no charge for 2%fast) $115.00 Meter,water,test (no charge once per 36 months, no charge for 2%fast) $65.00 Payment, late payment fee, account balance greater than$50; 1.50% or$10 minimum, monthly $150.00 Payment, returned payment charge $10.00 Service, electric and water, permanent relocation $25.00 Service, electric, temporary service removal and reinstallation (no charge for tree removals during normal business hours) Actual Cost "rip charge, disconnect for non-payment or non-compliance (no charge for reconnect within 1 month) Actual Cost Trip charge, hand-deliver notices $40.00 $10.00 Other Application fee, abandoning or granting easements, nonrefundable Application fee, placement of wireless communication, nonrefundable.,. $500,00 Application fee, permission to use paved District easement, nonrefundable $500.00 Application fee, variance of water service requirements, nonrefundable $500.00 Document Printing&Copying per page (No charge for first 100 pages; no charge for copies of a customer's own records) $500.00 Encroachment permit costs, annual-8.30.070.1 Category 1 (Minor) $0.10 (Encroachment permit costs, annual-8.30.070.2 Category 2 (Major) $150.00 Encroachment permit costs, annual- 8.30.070.3 Category 3 (Special) $500.00 Repair or Replacement of any District Facilities $1,000.00 Room rental, daily/event Actual Cost $100.00 e Continuing and Fixing Electric Standby Charges For The Fiscal Year 2013-201 4 WHEREAS, on February 18, 1975, the Board of Directors of the Truckee Donner Public Utility District duly adopted Ordinance No. 7501 fixing Electric Standby Charges on lands within the District boundaries and providing a means for collection thereof; and WHEREAS, on August 16, 1982, the Board of Directors adopted Resolution No. 8240 amending Ordinance 7501 to include Placer as well as Nevada County; and WHEREAS, Ordinance No. 7501 prescribes that implementation of the actual charges shall be made by resolution of the Board for each fiscal year. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. The Electric Standby Charge for the fiscal year 2013-2014 shall be the sum of $20 for any parcel consisting of one acre or more, and the sum of$10 for any parcel of less than one acre. 2. 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 electrical standby charges on the District tax roll for collection by Placer and Nevada Counties. 3. Certified copies of this resolution are to be forwarded along with the direct charges 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 5, 2013 by the following roll call vote: AYES: Directors Aguera, Bender, Ellis, Hemig and Laliotis NOES: None ABSTAIN: None ABSENT: None TRUCKE JE DONN UBLIC UTILITY DISTRICT B ff fcler,President ATTEST: Michael D. Holley, District Clerk Resolution Continuing and Fixing Water Standby Charges r the Fiscal Year 2013 ® 2014 WHEREAS, on February 18, 1975, the Board of Directors of the Truckee Donner Public Utility District duly adopted Ordinance No. 7501 fixing Water Standby Charges on lands within the District boundaries and providing a means for collection thereof; and WHEREAS, on August 16, 1982, the Board of Directors adopted Resolution No. 8240 amending Ordinance 7501 to include Placer as well as Nevada County; and WHEREAS, on March 18, 1991, the Board of Directors adopted Ordinance No. 9103 amending Ordinance No. 7501 and Resolution No. 8240 to the extent that such ordinance and resolution concern the fixing of Water Standby Charges in the County of Nevada; and WHEREAS, on April 8, 1991,the Board of Directors adopted Ordinance No. 9105 amending Ordinance No. 7501 and Resolution No. 8240 to the extent that such ordinance and resolution concern the fixing of water standby charges in the County of Placer; and WHEREAS, Ordinance No. 7501 prescribes that implementation of the actual charges shall be made by resolution of the Board for each fiscal year; and WHEREAS, fees authorized by this resolution shall not be charged, assessed, levied and collected in the District's Donner Lake or Glenshire Service areas. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. The Water Standby Charge for the fiscal year 2013-2014 shall be the sum of$80 for all parcels regardless of size. 2. The District shall determine the lands to be affected thereby for the current fiscal year, which shall not include lands in Donner Lake or Glenshire Service areas, 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 Water Standby Charges on the District tax roll for collection by Placer and Nevada Counties. 3. Certified copies of this resolution 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 5, 2013 by the following roll call vote: AYES: Directors Aguera, Bender, Ellis, Hemig and Laliotis NOES: None ABSTAIN: None ABSENT: None TR CKEE RP C UTILITY DISTRICT r By Jeft Bender, esident ATTEST: Michael D. Holley, District Clerk v ■ E ., DONNER Ublic Utility District J Resolution No® 2013 (Fixing and Placing Electric and Water Standby Charges on County of Nevada Tax Roll for Collection WHEREAS, on February 18, 1975, the Board of Directors of the Truckee Donner Public Utility District duly adopted Ordinance No. 7501 fixing Electric and Water Standby Charges on lands within the District boundaries and providing a means for collection thereof; and WHEREAS, on August 16, 1982, the Board adopted Resolution No. 8240 amending Ordinance 7501 to include Placer as well as Nevada County; and WHEREAS, on March 18,1991, the Board of Directors adopted Ordinance No. 9103 amending Ordinance No. 7501 and Resolution No. 8240 to the extent that such ordinance and resolution concern the fixing of water standby charges in the County of Nevada; and { WHEREAS, on June 5, 2013 the Board adopted Resolution No. 2013-07 and 2013-08 continuing and fixing electric and water standby charges pursuant to Ordinances 7501, 9103 and 9105 for the fiscal year 2013-14; 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 standby charges against the parcel numbers (APN) of record listed on the computer itemization of unimproved 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 provided. Upon completion and correction of the current list through June 30, 2013, a copy will be forwarded to the Auditor Controller of the County. Resolution 2013-09 1 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 5, 2013 by the following roll call vote: AYES: Directors Aguera, Bender, Ellis, Hemig and Laliotis NOES: None ABSTAIN: None ABSENT: None TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Je Bend res ent ATTEST: Michael D. Holley, District Clerk r Resolution 2013-09 2 g_ i 'MILOX.A. Utility District Resolution No. 201 - 10 Requesting Collection of Electric and Water Standby 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. 2013-07 and 2013-08 attached hereto, and 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: t 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 MID 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 on the property tax toll of any taxes, assessments, fees and/or charges on behalf of District. 4. In consideration for the County's collection of the charge through the County's property tax roll, 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 Resolution 2013-10 1 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 the County for the reasonable and ordinary charges to recoup its costs of placement and collection on the tax rolls at the agreed upon rate of 1% of the taxes, assessments, fees and/or 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 5, 2013 by the following roll call vote: AYES: Directors Aguera, Bender, Ellis, Hemig and Laliotis NOES: None ABSTAIN: None ABSENT: None TRUCKEE DONNER PUBLIC UTILITY DISTRICT By J ff Ben esident ATTEST: Michael D. Holley, District Clerk Resolution 2013-10 2 r FUCKEE F ... r Public Utility District Resolution o® 2013 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, 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; and WHEREAS, the District has now determined the lands affected thereby and the charges to f. be assessed, levied and collected on the lands and parcels; and WHEREAS, the assessments on each parcel shall be billed on the secured tax roll bills for the fiscal year 2013-2014. 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 provided. Upon completion and correction of the current list through June 30, 2013, 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). Resolution 2013-11 1 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 5, 2013 by the following roll call vote: AYES: Directors Aguera, Bender, Ellis, Hemig and Laliotis NOES: None ABSTAIN: None ABSENT: None TRUCK EEEE�DONNER PUBLIC UTILITY DISTRICT By J B n er, P esident ATTEST: Michael D. Holley, District Clerk Resolution 2013-11 2 Public Resolution No. 2013 - 1 Requesting Collection of Donner Lake Assessment District Annual charges on Placer County Tax Roll 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, 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 for the fiscal tax year 2013-2014; and 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 assessments attached hereto. 2. The District warrants and represents that the assessments 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 assessments 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 Resolution 2013-12 1 D assessments requested to be collected by County for district, or in any manner arising out of District's establishment and imposition of assessments. 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 assessments 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 assessments 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 assessments 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 5, 2013 by the following roll call vote: AYES: Directors Aguera, Bender, Ellis, Hemig and Laliotis NOES: None ABSTAIN: None ABSENT: None TRUCKEE DONNER PUBLIC UTILITY DISTRICT By J ff Been Piresident ATTEST: Michael D. Holley, District Clerk Resolution 2013-12 2 g_ PUblic Utility District Resolution No. 2013 - 1 Fixing and Placing a special Tax Levy on Community Facilities District No. 03-1 (oldGreenwood) for Collection by the County of Nevada WHEREAS, on October 14, 2003, the Board of Directors of the Truckee Donner Public Utility District duly adopted Ordinance No. 2003-04, authorizing the levy of a special tax within said Community Facilities District No. 03-1 (Old Greenwood)and providing a means for collection thereof; 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; 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, the taxes on each parcel shall be billed on the secured tax roll bills for the fiscal year 2013-2014. 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 a special tax 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 provided. Upon completion and correction of the current list through June 30, 2013, 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 MID of the California Constitution (Proposition 218). Resolution 2013-13 1 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 5, 2013 by the following roll call vote: AYES: Directors Aguera, Bender, Ellis, Hemig and Laliotis NOES: None ABSTAIN: None ABSENT: None TRUCKEE DONNER PUBLIC UTILITY DISTRICT By ,-- J ff B der, President ATTEST: Michael D. Holley, District Clerk Resolution 2013-13 2 TRUCKEE DONNER Public Utili-ty District Resolution No. 2013 - 14 Fixing and Placing a Special Tax Levy on Community Facilities District No. 0 -1 ( ray's Crossing) for Collection by the County of Nevada WHEREAS, on July 21, 2004, the Board of Directors of the Truckee Donner Public Utility District duly adopted Ordinance No. 2004-02, authorizing the levy of a special tax within said Community Facilities District No. 04-1 (Grays Crossing) and providing a means for collection thereof; 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; 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, the taxes on each parcel shall be billed on the secured tax roll bills for the fiscal year 2013-2014. 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 a special tax 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, 2012, 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 MID of the California Constitution (Proposition 218). Resolution 2013-14 1 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 5, 2013 by the following roll call vote: AYES: Directors Aguera, Bender, Ellis, Hemig and Laliotis NOES: None ABSTAIN: None ABSENT: None TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Jeffode r resident ATTEST: Michael D. Holley, District Clerk Resolution 2013-14 2 ' i • Resolution - 15 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. 03-1 (OLD GREENWOOD), AUTHORIZING THE SALE AND ISSUANCE OF ITS 2013 SPECIAL TAX REFUNDING BONDS, APPROVING DOCUMENTS RELATING THERETO AND AUTHORIZING AND DIRECTING CERTAIN RELATED ACTIONS WHEREAS, the Board of Directors (hereinafter sometimes referred to as the "legislative body of the Community Facilities District")of the Truckee Donner Public Utility District(the "Public Utility District") has heretofore undertaken proceedings to form Truckee Donner Public Utility District Community Facilities District No. 03-1 (Old Greenwood) (the "Community Facilities District") pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5, of the Government Code of the State of California (the "Act"); and WHEREAS,the Community Facilities District has previously issued its$12,445,000 Special Tax Bonds (the "Prior Bonds") to finance certain public improvements; and WHEREAS, the legislative body of the Community Facilities District now desires to refund the Prior Bonds through the issuance of bonds to be designated as the "Truckee Donner Public Utility District Community Facilities District No. 03-1 (Old Greenwood)2013 Special Tax Refunding Bonds" (the "2013 Bonds"); and WHEREAS, in order to effect the issuance of the 2013 Bonds, the legislative body of the Community Facilities District desires to enter into a Trust Indenture, dated as of June 1, 2013 (the "Trust Indenture"), with The Bank of New York Mellon Trust Company, N.A., as Trustee; and WHEREAS, the legislative body of the Community Facilities District has determined in accordance with Section 53360.4 of the Act that a negotiated sale of the 2013 Bonds to Brandis Tallman, LLC (the "Underwriter") in accordance with the terms of the Bond Purchase Agreement to be entered into by and between the Community Facilities District and the Underwriter(the "Bond Purchase Agreement")will result in a lower overall cost to the Community Facilities District than a public sale; 1 Resolution 2013-15 L NOW, THEREFORE, 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. 03-1 (OLD GREENWOOD), DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. Each of the above recitals is true and correct. Section 2. The legislative body of the Community Facilities District is authorized pursuant to the Act to issue the 2013 Bonds for the benefit of the Community Facilities District for purposes set forth herein and to take the necessary steps to refund and defease the Prior Bonds. Section 3. The legislative body of the Community Facilities District hereby determines that it is prudent in the management of the Community Facilities District's fiscal affairs to issue the 2013 Bonds; and the issuance of the 2013 Bonds in an aggregate principal amount not to exceed $12,000,000 is hereby authorized. The exact principal amount of 2013 Bonds to be issued shall be determined by the official signing the Bond Purchase Agreement in accordance with Section 9 below. The 2013 Bonds shall mature on the dates and pay interest at the rates and be subject to redemption prior to maturity upon the terms set forth in the Bond Purchase Agreement to be executed in accordance with Section 9. The 2013 Bonds shall be governed by the terms and conditions of the Trust Indenture. Section 4. In accordance with the requirements of Section 53345.8 of the Act, and based on the information set forth in the Preliminary Official Statement referred to in Section 11 below, the legislative body of the Community Facilities District hereby determines that the value of the real property in the Community Facilities District that will be subject to the special tax to pay debt service on the 2013 Bonds is at least three times the sum of (a) the maximum principal amount of the 2013 Bonds and (b) the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act or a special assessment levied on property within the Community Facilities District. Section 5. The form of the Trust Indenture presented at this meeting is hereby approved; and the Trust Indenture shall be executed, for and in the name of the Community Facilities District, by any one of the President of the Board of Directors of the Public Utility District(the"President"), the General Manager of the Public Utility District,the Assistant General Manager of the Public Utility District, or the Treasurer of the Public Utility District (collectively the "Authorized Officers"), each acting alone, and countersigned by either the Clerk or the Deputy Clerk of the Public Utility District (collectively, the "Clerk") in substantially said form, with such additions thereto and changes therein as the Authorized Officer executing the same deem necessary to cure any ambiguity or defect therein, to insert interest rates, principal amounts per maturity, redemption dates and prices and any other related terms and provisions, or to conform any provisions thereof to the Bond Purchase Agreement and the Official Statement for the 2013 Bonds referred to in Section 11 below. Approval of such additions and changes shall be conclusively evidenced by the 2 Resolution 2013-15 execution and delivery of the Trust Indenture to the Trustee by any one of the Authorized Officers acting alone. Capitalized terms used in this Resolution which are not defined herein have the meanings ascribed to them in the Trust Indenture. In satisfaction of the requirements contained in Section 53363.2 of the Act, the legislative body of the Community Facilities District hereby determines that: (1) it is anticipated that the sale of the 2013 Bonds will occur on or about June 26, 2013, (2) the 2013 Bonds shall be dated their date of issuance, and be in the denominations, have the maturity dates (which do not exceed the latest maturity date of the Prior Bonds), and be payable at the place and be in the form specified in the Trust Indenture, (3) the 2013 Bonds will bear interest at a rate of no less than at least 0.5% per annum, and (4) the designated cost of issuing the 2013 Bonds being used to refund the Prior Bonds, as defined by Section 53363.8 of the Act, shall include all of the costs specified in Section 53363.8(a), (b)(2) and (c) of the Act. In satisfaction of the requirements contained in Section 53364.2 of the Act, the legislative body of the Community Facilities District hereby determines that any savings achieved through the issuance of the 2013 Bonds shall be used to reduce the special taxes of the Community Facilities District and such that reductions shall be made in accordance with the Act. Section 6. The covenants set forth in the Trust Indenture to be executed in accordance with Section 5 above are hereby approved, shall be deemed to be covenants of the legislative body of the Community Facilities District and shall be complied with by the Community Facilities District and its officers. Section 7. The 2013 Bonds shall be executed on behalf of the Community Facilities District by the manual or facsimile signature of the President and attested by the manual or facsimile signature of the Clerk. Section 8. The Bank of New York Mellon Trust Company, N.A. is hereby appointed to act as Trustee for the 2013 Bonds. The proposal of Stradling Yocca Carlson & Rauth, a Professional Corporation to serve as the Community Facilities District's bond counsel and disclosure counsel in connection with the authorization, sale and issuance of the 2013 Bonds is hereby approved; and said firm is hereby appointed to serve the Community Facilities District in those capacities. The proposal of Brandis Tallman, LLC to provide investment banking services relating to the 2013 Bonds is hereby accepted; and said firm is hereby designated as the underwriter of the 2013 Bonds. Section 9. The form of the Bond Purchase Agreement presented at this meeting and the sale of the 2013 Bonds pursuant thereto are hereby approved, provided that (a) the interest rate on the 2013 Bonds is such that the principal and total interest cost to maturity on the 2013 Bonds is less than the principal and total interest cost to maturity on the Prior Bonds, (b) the last maturity date of the 2013 Bonds is not later than the last maturity date of the Prior Bonds and (c)the discount at which the Underwriter purchases the 2013 Bonds (exclusive of original issue discount) does not exceed 1.25% of the principal amount 3 Resolution 2013-15 thereof, each as determined by the Treasurer of the Public Utility District or his designee. Any one of the Authorized Officers is hereby authorized to execute the Bond Purchase Agreement, for and in the name of the Community Facilities District, with such additions thereto and changes therein as the officer executing it may approve, such approval to be conclusively evidenced by the execution and delivery of the Bond Purchase Agreement to the Underwriter. Notwithstanding the provisions of Section 4 hereof, the Treasurer and Administrative Services Manager of the Community Facilities District is authorized to determine the day on which the 2013 Bonds are to be sold in order to attempt to produce the lowest borrowing cost for the Community Facilities District and to reject any terms presented by the Underwriter if determined not to be in the best interest of the Community Facilities District. Section 10. The form of the Continuing Disclosure Agreement of the Community Facilities District attached to the Preliminary Official Statement referred to in Section 11 below is hereby approved; and any one of the Authorized Officers is hereby authorized and directed to execute, for and in the name of the Community Facilities District, the Continuing Disclosure Agreement in the form hereby approved, with such additions thereto and changes therein as the officer or officers executing the same deem necessary or desirable, such approval to be conclusively evidenced by the execution and delivery thereof. Section 11. The form of the Preliminary Official Statement presented at this meeting is hereby approved, and the Underwriter is hereby authorized to distribute the Preliminary Official Statement to prospective purchasers of the 2013 Bonds in the form hereby approved, together with such additions thereto and changes therein as are determined necessary or desirable by any one of the Authorized Officers in order to make such Preliminary Official Statement final as of its date for purposes of Rule 15c2-12 of the Securities and Exchange Commission, including, but not limited to, such additions and changes as are necessary to make all information set forth therein accurate and not misleading. Each of the Authorized Officers acting alone is hereby authorized to execute, for and in the name of the Community Facilities District, a final Official Statement in the form of the Preliminary Official Statement, together with such changes as are determined necessary by the Treasurer of the Public Utility District, or his designee, in order to make such Official Statement complete and accurate as of its date. The Underwriter is further authorized to distribute the final Official Statement forthe 2013 Bonds and any supplement thereto to the purchasers thereof upon its execution on behalf of the Community Facilities District as described above. Section 12. In the event the President is unavailable to execute and deliver any of the documents that the President is authorized and directed to execute and deliver pursuant to the terms of this Resolution, then any other member of the Board of Directors of the Public Utility District is hereby authorized and directed to do so. Section 13. Each of the General Manager of the Public Utility District, the Assistant General Manager of the Public Utility District and the Treasurer of the Public Utility District, acting alone, is authorized to provide for all services necessaryto effect the issuance of the 2013 Bonds. Such services shall include, but not be limited to, obtaining appraisal 4 Resolution 2013-15 services, legal services, trustee services, special tax consultant services, escrow verification services and any other services deemed appropriate. Each of the foregoing officers, acting alone, is authorized to pay for the cost of such services, together with other costs of issuance, from 2013 Bond proceeds. Section 14. Each Authorized Officer and each of his or her designees is hereby authorized and directed to take any actions and to execute and deliver any and all documents as are necessary to accomplish the sale and issuance of the 2013 Bonds and the refunding and redemption of the Prior Bonds in accordance with the provisions of this Resolution and the fulfillment of the purposes of the 2013 Bonds as described in the Indenture, including, but not limited to, providing certificates as to the accuracy of any information relating to the Community Facilities District which is included in the Official Statement and other certificates described in the Trust Indenture or the Bond Purchase Agreement. Section 15. This Resolution shall take effect from and after its adoption. ADOPTED and APPROVED by the Board of Directors of the Truckee Donner Public Utility District, acting as the legislative body of the Truckee Donner Public Utility District Community Facilities District No. 03-1 (Old Greenwood), on this 5t" day of June, 2013 by the following vote: AYES: Directors Aguera, Bender, Ellis, Hemig and Laliotis NOES: None ABSTAIN: None ABSENT: None TRU X E DONNER PUBLIC UTILITY DISTRICT Jeff - er, President ATTEST: Michael D. Holley, P.E. Clerk of the Board 5 Resolution 2013-15