HomeMy WebLinkAbout8 Public Hearing Standby ChargesItem # 8
PUBLIC HEARING
To: Board of Directors
From: Regina Wise
Date: May 16, 2018
Subject: Hold a Public Hearing Related to Adoption of the Annual Electric
and Water Standby Charges and Adopt Resolutions Related to this
Item
1. WHY THIS MATTER IS BEFORE THE BOARD
The Board set a public hearing for the May 16, 2018 to receive written and oral
comments from the public regarding the adoption of certain resolutions
establishing/continuing and collecting electic and water standby charges for the
2018=2019 tax year.
2. HISTORY
Each year the Board is required to adopt resolutions establishing electric and water
standby charges and requesting Nevada and Placer Counties to collect the charges
on the annual property tax bills.
Standby charges have been assessed on vacant parcels in the District since 1975.
These annual charges recoup the District's operating and maintenance costs of the
electric and water distribution facilities from parcel owners who benefit from their
vacant lot being in close proximity to the distribution facilities.
The current Electric Standby Charge applies to vacant parcels with a District electric
distribution line installed along an easement or along a public road or right of way
within 200 feet of the nearest exterior boundary line of any such parcel. The Electric
Standby Charge is $20.00 per year for each parcel 1 acre or larger, or $10.00 per year
for each parcel less than 1 acre.
The current Water Standby Charge applies
distribution line not less than two inches in
nearest exterior boundary line of any such p
is $80.00 per parcel per year.
to vacant parcels with a District water
diameter installed within 100 feet of the
arcel. The current Water Standby Charge
3. NEW INFORMATION
A public hearing has been advertised in the Truckee Sun Newspaper on May 4, 2018.
The District has not changed the standby rates in many years, and no changes to the
charges are being proposed at this time. The parcel lists are currently in preliminary
draft form. Final lists will be on record with the counties and the Administrative
Services Department,
Attachment 1 contains four resolutions required to continue assessing standby
charges and place them on Nevada and Placer County tax rolls. Resolution 2018-04
is for continuing the Electric Standby Charge for the 2018-2019 tax year. Resolution
2018=05 is for continuing the Water Standby Charge for the 2018-2019 tax year.
Resolutions 2018-06 and 2018-07 request Nevada and Placer Counties to collect the
charges on the tax roll.
4. FISCAL IMPACT
The estimated standby revenue for the 2018-2019 tax year is:
Nevada County:
Electric $ 20,520
Water $ 125,520
Total Parcels: 1,902
Placer County:
Electric $ 470
Water $ 31680
Total Parcels: 75
5. RECOMMENDATION
1) Conduct a Public Hearing to accept comments on establishing electric and water
standby charges.
Adopt the following resolutions:
2) Resolution 2018-04 Continuing and Fixing Electric Standby Charges for Fiscal Year
2018=2019;
3) Resolution 2018-05 Continuing and Fixing Water Standby Charges for Fiscal Year
2018=2019;
4) Resolution 2018-06 Fixing and placing Electric and Water Standby Charges on
County of Nevada Tax Roll for Collection; and
5) Resolution 2018-07 Requesting Collection of Electric and Water Standby Charges
on Placer County Tax Roll.
Lisa Hall
Administrative Services Director
Michael D. Holley
General Manager
Resolution No. 2018 = 04
Continuing and Fixing Electric Standby Charges
for the Fiscal Year 2018-2019
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 tax year 2018-2019 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 May 16, 2018 by the following roll call vote:
AYES:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Tony Laliotis, President
ATTEST:
Shanna D. Kuhlemier, CMC, District Clerk
TRUCKEE DONNER
Public Utility District
Resolution No. 2018 = 05
Continuing and Fixing Water Standby Charges
for the Fiscal Year ,& I =2019
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 tax 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 tax year 2018-2019 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 May 16, 2018 by the following roll call vote:
AYES:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
Tony Laliotis, President
ATTEST:
Shanna D. Kuhlemier, CMC, District Clerk
Resolution No. 2018 - 06
Fixing and Placing Electric and Water Standby
Charges on County %F 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 May 16, 2018, the Board adopted Resolution No. 2018-04 and 2018-05
continuing and fixing electric and water standby charges pursuant to Ordinances 7501,
9103 and 9105 for the fiscal tax year 2018-2019; 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 Novembers, 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, 2018, 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 certed 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 May 16, 2018 by the following roll call vote:
AYES:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
Tony Laliotis, President
ATTEST:
Shanna D. Kuhlemier, CMC, District Clerk
Resolution No. 2018-07
Requesting Collection %F 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. 2018-04 and 2018-05 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 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
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 May 16, 2018 by the following roll
call vote:
AYES:
NOES:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By
Tony Laliotis, President
ATTEST:
Shanna D. Kuhlemier, CMC, District Clerk