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HomeMy WebLinkAbout2012-10-03 Min - Board REGULAR MEETING October 3, 2012 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 per- petually 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 6:05 PM in the TDPUD Board room by President Laliotis. ROLL CALL: Directors Joe Aguera, Jeff Bender, Ron Hemig, and Tony Laliotis were present. PLEDGE OF ALLEGIANCE Director Aguera led the Board and public in the Pledge of Allegiance. EMPLOYEES PRESENT Steve Hollabaugh, Steven Poncelet, Mark Thomas, Joe Horvath, Neil Kaufman, Nancy Waters, Bob Mescher, Ian Fitzgerald, Peter Rosales, Kathy Neus, Michael Holley and Barbara Cahill CONSULTANTS PRESENT Steve Gross OTHERS PRESENT Juanita Schneider, Margaret Moran, Pat Davison, Dave Gravel and Bob Ellis CHANGES TO THE AGENDA General Manager Holley pulled Workshop Item No. 16: Discussion of a Proposed Refunding of the Special Tax Bonds for Community Facilities District No. 03-1 (Old Greenwood CFD). PUBLIC INPUT There was no public input. DIRECTOR UPDATE Director Hemig reported that he attended the NCPA Annual conference from September 19 to 21 st. Stephen Hollabaugh and Steven Poncelet were also in attendance. There were two items that were most interesting and are available at the NCPA website. • Cap and Trade- are you ready for the opening bell? o If you vote and support it, then you will find out what is in it later. o There is still a lot of negotiation as to how the process will work. o How can market manipulation be prevented? Or gaming the system- they are trying to legislate that out where one big player could affect the cost. o Where is the money actually going to go, that is generated through this — no one is quite sure. • The future roll of energy storage in California's electricity industry 1 Minutes: October 3, 2012 o Most interesting of all to him o Storage can be anything: storing water in a reservoir, then it becomes electricity later, pinwheels store energy, batteries, cooling- all kinds of ways that are now being considered to store energy all along the grid along both sides of the meter- a lot would be through cooling technology o Cannot believe the Board does not know anything abut this, so he would like to have a presentation on this topic in the next year o Technology is really going to change in this area of storage Director Bender attended a LAFCo meeting where they adopted the California CEQA guide- lines as their own Nevada County LAFCo guidelines which the PUD adopted earlier this year. This is basically what everyone else is doing- adopting the California CEQA guidelines as their own. Director Laliotis thanked PUD staff and the other agencies for the neighborhood resource block part in Glenshire. It was well attended. Candidates were there also. Director Aguera also wanted to thank everyone for the successful Glenshire block party. Di- rector Aguera also attended the PUD electric safety demo by Bob Springer. It is an ideal way to learn about electricity, especially for schools. CONSENT CALENDAR CONSIDERATION OF A CONTRACT FOR THE COMMERCIAL REFRIGERATION RET- ROFIT PROGRAM This item involves a contract for the Commercial Refrigeration Retrofit Program. CONSIDERATION OF A LED LIGHTING RETROFIT OF THE DISTRICT HEADQUAR- TERS BUILDING This item involves awarding a contract for a LED lighting project of the District headquarters building CONSIDERATION OF THE EXTENSION OF A CONTRACT FOR THE 2012 FINANCIAL AUDIT This item involves the extension of Moss Adams for the 2012 financial audit. CONSIDERATION OF THE PURCHASE OF SECURITY EQUIPMENT FOR REMOTE FACILITIES This item concerns the purchase of remote security equipment. CONSIDERATION OF CANCELLING THE REGULAR BOARD MEETING ON OCTOBER 17, 2012 This item involves cancellation of the regular Board meeting on October 17, 2012 due to a lack of District business. CONSIDERATION OF THE APPOINTMENT OF THE GENERAL MANAGER AS THE LABOR NEGOTIATOR This item involves appointment of the General Manager as the Labor Negotia- tor. Director Hemig moved, and Director Bender seconded, that the Board approve the consent calendar. ROLL CALL: All Directors aye, by voice vote. SO MOVED 2 Minutes: October 3, 2012 ACTION ITEMS CONSIDERATION OF ADOPTING AN ORDINANCE ADJUSTING WATER FACILITIES FEES This item involves adopting an Ordinance adjusting Water Facilities Fees. Director Aguera moved, and Director Bender seconded, that the Board adopt Ordinance 2012-XX adjusting Water Facilities Fees. ROLL CALL: All Directors aye, by voice vote. SO MOVED CONSIDERATION OF ADOPTION OF AN ORDINANCE ADJUSTING WATER CONNEC- TION FEES This item involves the adoption of an Ordinance adjusting Water Con- nection Fees. Director Bender moved, and Director Hemig seconded, that the Board adopt Ordinance 2012-XX adjusting Water Connection Fees. ROLL CALL: All Directors aye, by voice vote. SO MOVED CONSIDERATION OF A MATERIAL PURCHASE OF WATER SCADA EQUIPMENT This item involves a SCADA material purchase of Phase 3A PLC-Based Remote Te- lemetry Units (RTU). Director Bender moved, and Director Hemig seconded, that the Board award George T. Hall Co., a contract for 17 RTU's in the amount of $268,015, plus a 10% contingency, not to exceed $294,817, plus tax. ROLL CALL: All Directors aye, by voice vote. SO MOVED WORKSHOP DISCUSSION OF A PROPOSED REFUNDING OF THE SPECIAL TAX BONDS FOR COMMUNITY FACILITIES DISTRICT NO. 03-1 (OLD GREENWOOD CFD) This item in- volves discussion of a proposed refunding (refinancing) of the Old Greenwood CFD. Item pulled from the agenda. ROUTINE BUSINESS TREASURER'S REPORT Approval of the fund balances as of August 31, 2012: Director Hemig moved, and Direc- tor Aguera seconded, that the Board approve the treasurer's report for the month ended August 31, 2012. ROLL CALL: All Directors, aye. SO MOVED. Approval of disbursements for September 2012 Director Aguera moved, and Director Bender seconded, that the Board approve the October 2011 disbursements report. ROLL CALL: All Directors, aye. SO MOVED. APPROVAL OF MINUTES FOR SEPTEMBER 5, 2012 Director Hemig moved, and Director Bender seconded, that the Board approve the minutes of September 5, 2012. ROLL CALL: All Directors, aye. SO MOVED. 3 Minutes: October 3, 2012 CLOSED SESSION CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9, SUBDIVISION (A), EXISTING LITIGATION: HUNT CONSTRUCTION V. TDPUD CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957.6, CONFERENCE WITH LABOR NEGOTIATOR RETURN TO OPEN SESSION Report from Closed Session Reportable action from item No. 19 regarding pending litigation Hunt Construction V. TDPUD: This litigation has been resolved through a stipulation of the parties of the money that the District had submitted to the court. The interpleaded action has been agreed to be distributed out. The District will receive reimbursement of most of its costs in that action and there is no other liability to the District. There was no reportable action regarding item No. 20 Conference with Labor Negotiator. ADJOURNMENT .._ There being no further business before the Board, the meeting was adjourned at 7:52 PM. TRUCKEE DONNER PUBLIC UTILITY DISTRICT Tony Laliotis, President Prepared b W9 Barbara C hil , Deputy District Clerk i 4 Minutes: October 3, 2012 TRUCKEE DONNER Ordinance No. 2012 - 02 Amending Water Connection Fees WHEREAS the District's current Connection Fee schedule was established on February 6, 2008; and WHEREAS, the District has been experiencing increased costs for labor, fuel, materials and other items since that time; and WHEREAS on September 5, 2012 a public hearing was held to receive public comments on the proposed Water Connection Fee increase; NOW, THEREFORE, BE IT ORDAINED that the Board of Directors of the Truckee Donner Public Utility District does hereby enact the following: 1. Connection fees are charged to reimburse the District for the actual ,. administrative, material and labor costs of connecting to the water system (excluding the service lateral). 2. Connection fees shall be charged according to the following schedule: METER SIZE CONNECTION inches FEE 5/8 x 3/4 $1,290 3/4 $1,330 1 $1,430 1 Y2 Actual cost 2 Actual cost 3 Actual cost 4 Actual cost 6 Actual cost 3. This ordinance shall be effective sixty (60) days after the date it was adopted by the Board of Directors. Page 1 Ordinance 2012-02 4. 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 third day of October 2012 by the following roll call vote: AYES: Directors Aguera, Bender, Hemig and Laliotis NOES: None ABSTAIN: None ABSENT: None TRUCKEE DONNER PUBLIC UTILITY DISTRICT By C� Tony Laliotis, President ATTEST: �� Michael D. Holley, Di Jerk Page 2 Ordinance 2012-02 TRUCKEE DONNER Ordinance No. 2012 - 01 Establishing Water Facilities Fees WHEREAS, a study was conducted of the impacts of contemplated future development on this District's existing water services and facilities in the District's water service area along with an analysis of new, improved or expanded public water facilities and improvements required or appropriate to serve new development and said study set forth the relationship between new development, those services or facilities and the estimated costs of those improvements. The study is the District's 2012 Water Master Plan Update. WHEREAS, this 2012 Water Master Plan Update was available for public inspection and review for more than ten (10) days prior to this public hearing and notice was given in compliance with Government Code Section 66016; and WHEREAS, a public hearing, noticed pursuant to and in compliance with Government Code Sections 66018 and 6062a, was held at a regularly scheduled meeting of the Board of Directors, and WHEREAS, the Board of Directors finds as follows: A. The purpose of the facilities fee is to finance public water system facilities needed to service new development and to reduce the impacts of additional demands on the existing water system caused by new development within the District's water service area. B. The water facilities fees collected pursuant to this ordinance shall be used to finance the public facilities described or identified in the 2012 Water Master Plan Update. C. After considering the Water Master Plan Update and analysis prepared by District Staff and the testimony received at public hearings, the Board finds that the new development in the water service area will generate additional need for new water system facilities within the impacted area as described in the 2012 Water Master Plan Update and will contribute to the degradation of the public water supply in that area. D. It is appropriate or necessary in this described impact area to provide for water system facilities which have not been constructed or have been constructed but new development has not contributed its fair share towards these facility costs and said facilities. E. The facts and evidence presented establish that there is a reasonable relationship between the need for the described public facilities and the impacts of the types of development described in paragraph three below, for which the corresponding fee is charged and there is a reasonable relationship between the fee's use and the type of development for which the fee is charged, as these reasonable relationships or nexus are in more detail described in the 2012 Water Master Plan Update referred to above. F. In compliance with the California Environmental Quality Act, following a properly noticed public hearing held at a regularly scheduled meeting of the Board of Directors, the Board did adopt a Negative Declaration for the adoption of the 2012 Water System Master Plan Page 1 Ordinance 2012-01 Update. A Notice of Determination was filed with both the Nevada and Placer County Clerks in July of 2012. G. The cost estimates set forth in the 2012 Water Master Plan Update are reasonable cost estimates for constructing these facilities and the fees expected to be generated by new development will not exceed the total of these costs. NOW, THEREFORE, BE IT ORDAINED that the Board of Directors of the Truckee Donner Public Utility District does hereby enact the following: 1. "New development" shall mean construction of residential improvements, construction of commercial, industrial or other non-residential improvements. 2. A water facilities fee shall be charged upon application for water service and shall be paid prior to provision of water service by new development within the District's water service area. District staff shall determine the type of development and the corresponding fee to be charged in accordance with this ordinance. 3. Use of Facilities Fees - The fee shall be solely used to pay (1)for all costs associated with the public facilities described in the 2012 Water Master Plan Update to be constructed by the District, (2) for reimbursing the District for the development's fair share of those capital improvements already constructed by the District, or (3) to reimburse other developers who have constructed public facilities described in the 2012 Water Master Plan Update, where those facilities were beyond that needed to mitigate the impacts of the other developers' project or projects. .�. 4. Residential Facilities Fee — Water facilities fees shall calculated according to a unit value per square foot of living space for the area to be constructed as determined by the Building Permit. The amount shall be: EFFECTIVE DATE UNIT VALUE 60 days after adoption $1.61/square foot 5. Commercial Facilities Fee — Water facilities fees shall be charged according to the following schedule: METER SIZE EDU FACILITIES FEE FACILITIES FEE (inches) EFFECTIVE 60 DAYS EFFECTIVE AFTER ADOPTION JANUARY 1, 2014 5/8 x 3/4 1 $ 3,862 $ 4,365 3/4 1.5 5,792 6,547 1 2.5 9,654 10,912 1 '/ 5 19,308 21,825 2 8 30,892 34,920 3 15 57,923 65,475 4 25 96,538 109,125 6 50 193,075 218,250 Page 2 Ordinance 2012-01 6. Commencing on January 1, 2015, Facilities Fees shall be adjusted annually at the beginning of each fiscal year to reflect the impact of inflation upon the cost estimates set forth in the 2012 Water Master Plan Update. Such adjustments shall be based upon the December value of the Engineering News-Record 20-City Construction Cost Index (ENRCCI). The ENRCCI value for December 2013 shall be used as the baseline for the Facilities Fees that become effective on January 1, 2014. The change in ENRCCI from December 2013 to December 2014 shall be used to calculate the Facilities Fees that become effective January 1, 2015. Successive years shall utilize a similar calculation. 7. Fee review — After the completion of any capital project involving the expenditure of over $1,000,000 in Facilities Fees, District staff shall conduct a review of the cost estimates for anticipated Facilities Fee funded projects and the continued need for those projects. The staff shall report its findings to the Board of Directors and recommend any adjustments to the Facilities Fee schedules or other action as may be needed. 8. Pursuant to Government Code Section 66017, this ordinance shall be effective sixty (60) days after the date it was adopted by the Board of Directors. 9. 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 third day of October 2012 by the following roll call vote: AYES: Directors Aguera, Bender, Hemig and Laliotis NOES: None ABSTAIN: None ABSENT: None TRUCKEE DONNER PUBLIC UTILITY DISTRICT By �— Tony Laliotis, President ATTEST: Michael D. Holley, District Clerk Page 3 Ordinance 2012-01