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HomeMy WebLinkAbout2005-07-06 Min - Board REGULAR MEETING July 6, 2005 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 regular meeting of the Board of Directors of the Truckee Donner Public Utility District was called to order at 7:02 PM in the TDPUD Board room by President Hemig. ROLL CALL: Directors Joe Aguera, Ron Hemig, Patricia Sutton, Tim Taylor and Bill Thomason were present. EMPLOYEES PRESENT: Ed Taylor, Mark Thomas, Steve Hollabaugh, Peter Holzmeister, Mary Chapman, Pat Waite, Nancy Waters, Jim Wilson, Neil Kauffman, Alan Harry, Scott Terrell and Barbara Cahill CONSULTANTS PRESENT: Steve Gross and Glenn Merron OTHERS PRESENT: Frank &Juanita Schneider, Al Farrantine, Pat Davison and John Eaton PUBLIC INPUT Juanita Schneider thanked the TDPUD for getting the Donner Lake water system hooked up to the Truckee well system. ACTION ITEMS CONSIDERATION OF THE FOLLOWING ACTIONS REGARDING THE ENVIRONMENTAL REVIEW FOR THE DONNER LAKE TANK PROJECT: ADOPT THE FINAL MITIGATED NEGATIVE DECLARATION; APPROVE THE PROJECT FOR PURPOSES OF CEQA; APPROVE THE MITIGATION MONITORING PLAN; AUTHORIZE THE FILING OF THE NOTICE OF DETERMINATION WITH THE NEVADA COUNTY CLERK, AND THE GOVERNOR'S OFFICE OF PLANNING AND RESEARCH; ADOPT THE DE MINIMIS IMPACT FINDING AND AUTHORIZE THE FILING OF THE CERTIFICATE OF FEE EXEMPTION WITH THE NEVADA COUNTY CLERK; AND ADOPT A FINDING THAT THE DRAFT DOCUMENTS AS CIRCULATED AND THE NEGATIVE DECLARATION REFLECT THE DISTRICT'S INDEPENDENT JUDGMENT. Director Sutton moved and Director Thomason seconded, a motion to delay action on the environmental document until the next District board meeting, allowing the Town of Truckee to render an opinion at their July 7, 2005 board meeting. ROLL CALL: Directors Aguera, Taylor and Hemig, no; All other Directors, aye. MOTION FAILED. Director Aguera moved, and Director Taylor seconded, that the Board take the following action with respect to the Donner Lake Tank Project: • Adopt the Final Mitigated Negative Declaration • Approve the project for purposes of CEQA 1 Minutes: July 5, 2005 • Approve the Mitigated Monitoring Plan • Authorize the filing of the Notice of Determination with the Office of the Nevada County Clerk and the Governor's Office of Planning and Research • Adopt a DeMinimus Impact Finding and authorize the filing of the Certificate of Fee Exemption with the Nevada County Clerk • Adopt a finding that the draft documents as circulated and the negative declaration reflect the District's independent judgment. ROLL CALL: Director Sutton, no (objects to proceeding when public decision making has been by-passed); All other Directors, aye. SO MOVED. CONSIDERATION OF A RESOLUTION ESTABLISHING A FINAL DATE FOR APPROVING CHANGES IN DONNER LAKE ASSESSMENT DISTRICT ASSESSMENTS BASED ON MERGING OF PARCELS Director Hemig moved and Director Aguera seconded, a motion to adopt the resolution concern- ing forgiveness of assessments In the Donner Lake Assessment District related to the mergers of parcels, with a modification of the date from September 1, 2005 to December 31, 2005 and some type of notification to the Donner Lake parcel owners. ROLL CALL: All Directors, aye. SO MOVED. CONSIDERATION OF A REPORT ON BIDS RECEIVED AND POSSIBLE DECISION REGARDING PURCHASE OF TRIPLE TURRET TRAILER Director Thomason moved and Director Taylor seconded, a motion to award the purchase of a Turret Trailer to Sherman & Reilly Inc. of Chattanooga, Tennessee in the amount of $46,700 and authorize the finance of the tax in the amount of $3,677.63, for a grand total of $50,377.63. ROLL CALL: Director Sutton, no (believes the Board should have approved specs and called for bids because the budget does not have the details); All other Directors, aye. SO MOVED. CONSIDERATION OF A REPORT ON BIDS RECEIVED AND POSSIBLE DECISION REGARDING PURCHASE OF SINGLE PHASE, SOLID STATE ELECTRONIC METERS WITH RADIO COMMUNICATION MODULES Director Aguera moved and Director Thomason seconded, a motion to approve the purchase of Meters from GE Supply with a total price of $33,840.00, not including sales tax. ROLL CALL: Director Sutton, no (believes the Board should have approved specs and called for bids because the budget does not have the details); All other Directors, aye. SO MOVED. CONSIDERATION OF A REPORT ON BIDS RECEIVED AND POSSIBLE DECISION REGARDING PURCHASE OF SOLID STATE, MULTI- MEASUREMENT, MULTI-FUNCTION, POLYPHASE METERS Director Taylor moved and Director Aguera seconded, a motion to approve the purchase of Polyphase meters from General Pacific with a total price of$46,638.00, not including sales tax. ROLL CALL: Director Sutton, no (believes the Board should have approved specs and called for bids because the budget does not have the details); All other Directors, aye. SO MOVED. 2 Minutes: July 5, 2005 CONSIDERATION OF RESOLUTIONS RELATED TO COLLECTION OF STANDBY CHARGES a) A resolution establishing electric standby charges for 2005-06 b) A resolution establishing water standby charges for 2005-06 c) A resolution requesting Nevada County to collect standby charges. d) A resolution requesting Placer County to collect standby charges Director Aguera moved and Director Taylor seconded, a motion to adopt the four resolutions setting the water and electric standby charges and requesting Nevada and Placer Counties to collect the charges. ROLL CALL: Director Sutton, no (questioned the $80 water standby charge); All other Directors, aye. SO MOVED. CONSIDERATION OF EMPLOYING THE SERVICES OF KPMG TO PERFORM AN A-133 AUDIT AS REQUIRED BY THE CALIFORNIA STATE REVOLVING FUND LOAN PROGRAM Director Aguera moved and Director Thomason seconded, a motion to authorize the board president to execute the engagement letter from KPMG, hiring them to perform the 2004 A-133 audit as a requirement of having received loan funds from the State Revolving Fund for the reconstruction of the Donner Lake water system; and the cost will be approximately $23,800 plus out-of-pocket expenses, paid for with assessment district funds through the annual levy. ROLL CALL: Director Sutton, no (disapproves use of the same accounting firm who just completed the District's 2004 audit); All other Directors, aye. SO MOVED. WORKSHOP ITEMS DISCUSSION OF A PROPOSAL FROM CATT RELATING TO ADOPTING A COMMUNITY OUTREACH PROGRAM. Pat Davison of Contractors Association of Truckee Tahoe distributed a letter with questions that may help the District to formulate a Public Outreach Policy: • What is the purpose of advance notice? • Can the TDPUD Board make timely decisions with advance notice? • What are significant issues of concern that would trigger TDPUD advance notice? • When should advance notice occur- before or after an agenda is published? • What method of outreach should be used for advance notice? • Why have two different public notifications (a month before an item is agendized and two weeks beforehand)? Board discussion followed: • How to improve our notification process • Meetings between staff and public. The Board agreed that committees serve a purpose. The Board needs to be involved with the staff person who is advising the public and the topics. • TV broadcasting will reach more people. • Use targeted email lists for notification. • Use the TDPUD website to post future agenda items, notification of board actions or include monthly staff reports. • Use as many forms of notification as required, possible or feasible • Newsletter should list board member information 3 Minutes: July 5, 2005 The Board agreed another workshop should be held to decide on the specific wording for a Public Outreach Policy. The item would then return on a future agenda for formal action. DISCUSSION OF THE FINAL REPORT FOR THE 2004 BUDGET Peter Holzmeister presented an overview of the 2004 water and electric revenues and expenses showing the budget, actual and variance. He explained the budget process begins in September when the department heads make budget estimates for three to fifteen months into the future (some matters being routine, while others are unique). It is difficult to predict the budget perfectly so there are over estimates and under estimates. Steve Hollabaugh gave a purchased power budget overview. This is a very large portion of the revenue and expenses and it was important for the board to understand the numbers. DISCUSSION OF THE PROCESS FOR PREPARING THE DISTRICT BUDGET FOR 2006 Mr. Holzmeister explained that the overall budget has various components: the department head detail, a summary budget and the 5-year capital improvement plan. He feels that possibly another document may need to be adopted such as an "Approval of a Staff Work Plan" which would authorize staff to get projects moving- authority with instructions. Staff must come back to the board at key points to show progress. In August, Mr. Holzmeister stated that staff starts talking about the new budget and uses Mr. Bob Rauch to cover non routine items as part of the strategic plan meeting. On September 1, all the departments receive budget forms to complete by October 1. Mary Chapman then assembles the information into a rough draft with input from Steve Hollabaugh because the power sales and revenue of the electricity play a large part of the budget. Once complete, this rough draft goes to Peter who reviews individual sections with the department heads. Around November 1, a draft budget goes to the board for at least one workshop and a public hearing is then scheduled in early December. After discussion, the board said they would like Mr. Rauch to change the focus of the strategic meeting and focus on putting the budget cycle into a framework for reference. The board wants to see what the budget cycle will look like in regards to department head salaries, rates, fees, etc. They want a qualitative serious look at the process, so they can live with the budget. The Board wants more staff presentations on their particular budget including purchases, expenses and tasks. The board said they would like to have a number of workshops in November to cover the budget more thoroughly. They would like to spend more time discussing fees, have a grasp of the unusual items, and understand the numbers. ROUTINE BUSINESS CONSIDERATION OF THE MINUTES OF JUNE 1 AND JUNE 15, 2005. Director Thomason moved, and Director Taylor seconded, that the Board approve the minutes of June 1, 2005 and June 15, 2005. ROLL CALL: All Directors aye, by voice vote. SO MOVED. 4 Minutes: July 5, 2005 TREASURER'S REPORT Approval of the report: Director Aguera moved, and Director Taylor seconded, that the Board approve the final report for month ended May 31, 2005. ROLL CALL: All Directors aye, by voice vote. SO MOVED Approval of disbursements: Director Taylor moved, and Director Aguera seconded, that the Board approve the May 2005 disbursements report. ROLL CALL: Director Sutton, no; All other Directors, aye. SO MOVED. ADJOURNMENT There being no further business before the Board, the meeting was adjourned at 10:01 PM. TRU EE DO ER PUBLI U ILITY DISTRICT J. o emi , Oresident Prepared by k)' C ? 6Ck� Barbara Cahill, puty District Clerk bhc 5 Minutes: July 5, 2005 nDONNER Public Resolution No. 2005- 12 Concerning Forgiveness of Assessments in the Donner Lake Assessment District Related to the Merging of Parcels WHEREAS the Truckee Donner Public Utility District participated in formation of the Donner Lake Assessment District for the purpose of acquiring and rehabilitating the Donner Lake water system; and WHEREAS the Assessment District was approved by vote of the owners of land parcels within the proposed boundary of the Assessment District; and WHEREAS assessments authorized under formation of the Assessment District apply to vacant as well as improved parcels of land; and WHEREAS the District allowed in the early stages of the existence of the Assessment District for the forgiveness of an assessment on a parcel that is merged with an adjacent parcel; and WHEREAS the forgiveness of assessments related to merged parcels reduces the revenues necessary to fund the acquisition and rehabilitation 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. Effective on December 31, 2005 and from that date forward assessments approved under the formation of the Donner Lake Assessment District will no longer be forgiven as a result of the merge of parcels. 2. To be considered to forgiveness of an assessment an applicant must submit to the District General manager by December 31, 2005, a certification from the appropriate county assessor that a merger of a parcel has been completed. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the sixth day of July, 2005 by the following roll call vote: AYES: Directors Aguera, Hemig, Sutton, Taylor and Thomason NOES: None ABSTAIN: None TRUCKEE DO R PUBLIC ILITY DISTRICT r By"(2 J&PAerinig, President ATTEST: Peter L. Holzmeister, District Clerk w Pulbl�ic Utility District Resolution No. 2005 - 13 Implementing And Fixing Electric Standby Charges For The Fiscal Year 2005-2006 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 2005-06 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 July 6, 2005 by the following roll call vote: AYES: Directors Aguera, Hemig, Taylor and Thomason NOES: Director Sutton ABSENT: None TRUCKEE DON R PUBLI TILITY DISTRICT By , J. on H i , President ATTEST: Peter L. Holzmeister, Dil trict Clerk PublicPF District Resolution No. 2005 - 14 Implementing and Fixing Water Standby Charges for the Fiscal Year 2005-2006 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: 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 2005-2006 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 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.That 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 July 6, 2005 by the following roll call vote: AYES: Directors Aguera, Hemig, Taylor and Thomason NOES: Director Sutton ABSENT: None TRUCKS O R PUBLI TILITY DISTRICT By J. R n mig, President ATTEST: f` � Peter L. Holzmeister, Distfict Clerk DONNER s Resolution No. 2005 - 15 Fixing and Placing Electric and Water Standby Charges on District Tax Roll for Collection by the County of Nevada 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 July 6, 2005 the Board adopted Resolution No. 2005-13 and 2005-14 implementing and fixing electric and water standby charges pursuant to Ordinances 7501, 9103 and 9105 for the fiscal year 2005-06; 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 parcels and owners 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 provide. Upon completion and correction of the current list through June 30, 2005, a copy will be forwarded to the Auditor Controller of the County. Resolution 2005-15 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 July 6, 2005 by the following roll call vote: AYES:Directors Aguera, Hemig, Taylor and Thomason NOES: Director Sutton ABSENT: None TRUCKEE DONNER PUBLIC UTILITY DISTRICT By • J. Ro ig, President ATTE�$,TT: Peter L. Holzmeist r, District Clerk Resolution 2005-15 TRUCKEE DONNER Resolution No. 2005- 16 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. 2005-13 and 2005-14 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: 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 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 Resolution 2005-16 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 July 6, 2005 by the following roll call vote: AYES:Directors Aguera, Hemig, Taylor and Thomason NOES: Director Sutton ABSENT: None TRUCKEE DONNER PUBLIC UTILITY DISTRICT By J 5oaerrflig, President ATTEST: Peter L. Holzmeist r, District Clerk Resolution 2005-16