HomeMy WebLinkAbout2020-12-16 Packet Webposting
{00887446.DOC 2 }11570 Donner Pass Rd, Truckee, CA 96161 – Phone 530-587-3896 – www.tdpud.org
SPECIAL BOARD MEETING -Revised
4:00 p.m., Wednesday, December 16, 2020
AGENDA
As permitted by State of California Executive Order (EO) N-29-20, the meeting is accessible
for public observation via Tahoe Truckee Media (TTM) online at http://ttctv.org/live-
meeting/truckee-donner-public-utility-district/ or cable TV channel 18. Public comment will be
accepted via email at shannakuhlemier@tdpud.org and via Zoom in the question/answer
feature on any item on the agenda until the Board President closes public comment on the
item.
1. Call to order
2. Roll Call
3. Pledge of Allegiance - defer
4. Changes to the agenda
5. Public Comment – This is time set aside for the public to address the Board on any
matter not on the agenda. Testimony related to any agendized matter should be
addressed at the time that that item is considered. (The public may comment on any
subject that is not on the agenda. Each speaker will be limited to three minutes, but
speaker time may be reduced at the discretion of the Board President if there are a
large number of speakers on any given subject.)
5.1 Director Update
SPECIAL BUSINESS
6. Consideration of 2021 Election of Board Officers.
This item involves the nomination and election of a President and Vice President
for the next twelve months.
ACTION ITEM(S)
7. Consideration to Approve a 5-Year Market Power Purchase Agreement with UAMPS.
Authorize the Interim General Manager to execute the Confirmation to Lock-In
Transaction Confirmation for the Firm Power Supply Project with Utah
Associated Municipal Power Systems (UAMPS), and all necessary documents,
for the purchase of market power, priced at approximately $35 per MWh on
average, for a 5-year period starting in April, 2022 and ending in March, 2027.
8. Selection of a General Manager Succession Ad Hoc Committee.
Directors Joseph R. Aguera Jeff Bender
Kim Harris
Christa Finn
Tony Laliotis
Interim General Manager
Brian C. Wright
{00887446.DOC 2 }11570 Donner Pass Rd, Truckee, CA 96161 – Phone 530-587-3896 – www.tdpud.org
Establish the General Manager Succession Ad Hoc Committee and appoint two
Board of Directors to serve the duration of the Ad Hoc Committee.
9. Consideration of a Memorandum of Understanding with the Town of Truckee for the
Use of the Town’s Fueling Facilities and Funding of a new Fuel Tank.
Authorize the Interim General Manager to execute the Memorandum of
Understanding, establishing terms for the District’s use of the Town of
Truckee’s fueling station in the pilot project and new fuel tank project, in
substantially the form presented with such changes as are acceptable to the
Interim General Manager and District Counsel including, but not limited to,
revision to the indemnity, insurance, and termination provisions.
ROUTINE BUSINESS
10. Approve the Minutes of Regular Meeting November 4, 2020, Special Meetings of
November 13, 2020, November 17, 2020, and November 18, 2020.
WORKSHOP ITEM
11. Strategic Planning Retreat
District’s strategic planning process
ADJOURNMENT
The agenda is available for review at the TDPUD administrative office and the District’s
internet website. Posted on Friday, December 11, 2020. Revised and posted December 15,
2020.
Shanna D. Kuhlemier, CMC, District Clerk
A copy of the agenda packet is available for public review, during normal business hours, at the district
administrative office located at 11570 Donner Pass Road. Public participation is encouraged. The meeting
location is accessible to people with disabilities. Every reasonable effort will be made to accommodate
participation of the disabled in all of the Districts public meetings. If particular accommodations for the disabled
are needed (i.e. disability-related aids, or other services), please contact the District Clerk at (530) 582-3980 or
ShannaKuhlemier@tdpud.org, at least 24 hours in advance of the meeting.
Any person with a disability may submit a request for reasonable modification or accommodation to
the above-described means for accessing and offering comment at the meeting to Shanna Kuhlemier,
District Clerk, at shannakuhlemier@tdpud.org who will swiftly resolve such request.
AGENDA ITEM # 6
Page 1 of 2
MEETING DATE: December 16, 2020
TO: Board of Directors
FROM: Shanna D. Kuhlemier, CMC, District Clerk
SUBJECT: Election of Board Officers
APPROVED BY_______________________________
Shanna D. Kuhlemier, CMC, District Clerk
RECOMMENDATION:
The Board nominate and elect a President and Vice President for the next twelve months.
DISCUSSION:
Each year in December, the Board elects officers for the position of president and vice
president of the Board to serve the next twelve months.
Year President Vice President
2009 Rom Hemig Jeff Bender
2010 Jeff Bender John Hillstrom
2011 Jeff Bender Tony Laliotis
2012-12 to 2012-06 Tony Laliotis Laura Ferree
2012-06 to 2012-12 Tony Laliotis Ron Hemig
2013 Jeff Bender Joe Aguera
2014 Tony Laliotis Bob Ellis
2015 Bob Ellis Joe Aguera
2016 Joe Aguera Jeff Bender
2017 Jeff Bender Tony Laliotis
2018 Tony Laliotis Paul Warmerdam
2019 Bob Ellis Jeff Bender
2020 Jeff Bender Christa Finn
1.05.020 Objectives:
1. Responsibly serve the public
Page 2 of 2
FISCAL IMPACT:
There is no direct fiscal impact associated with this item.
ATTACHMENTS:
None
AGENDA ITEM # 7
Page 1 of 3
MEETING DATE: December 16, 2020
TO: Board of Directors
FROM: Joe Horvath, P.E., Assistant General Manager/Electric Utility
Director
SUBJECT: Consideration to Approve a 5-Year Market Power Purchase
Agreement with UAMPS
APPROVED BY______________________________
Joe Horvath, P.E., Assistant General Manager/
Electric Utility Director
RECOMMENDATION:
Authorize the General Manager to execute the Confirmation to Lock-In Transaction
Confirmation for the Firm Power Supply Project (Attachment 1) with Utah Associated
Municipal Power Systems (UAMPS), and all necessary documents, for the purchase of
market power, priced at approximately $35 per MWh on average, for a 5-year period
starting in April, 2022 and ending in March, 2027.
BACKGROUND:
The District has an existing 5-Year market power purchase contract with UAMPS that
began on April 1, 2017 and ends March 31, 2022. The existing 5-year market power
purchase represents about 35% of the District’s annual energy requirements and is priced
at $46 per MWh. The market power purchase is shaped and scheduled to the District’s
load profile, filling the energy ‘gaps’ in our purchase power portfolio that are otherwise not
supplied by other generation sources. The 5-year market power purchase contract is an
important component in our portfolio that enables the District to deliver low-cost power to
reliably meet customer loads.
UAMPS has solicited proposals from qualified vendors for a new 5-year market power
purchase with a term starting in April, 2022 and ending in March, 2027. The recommended
proposal includes monthly load shaping, unique to each member agency, including the
District, over the 5-year term. A summary of the proposal, and a comparison to the
District’s existing 5-year contract, is shown in the following table.
Page 2 of 3
The District has been able to reduce the market purchase component of our electric
resource portfolio from 35% to 20% by adding other resources. However, this shaped
market purchase continues to be a critical resource in our power portfolio to ensure
resource adequacy at all times; particularly during the winter months when District
experiences our peak loads. The main driver in the decrease in the market power
purchase is the planned addition of the Red Mesa Solar Project to the District's power
portfolio, scheduled to start operation no later than June 1, 2022. The Red Mesa Solar
Project is expected to supply in excess of 10% of the District’s annual energy
requirements.
The proposed market purchase (2022-2027) is priced at about $35 per MWh on average.
In addition, the energy is scheduled to be delivered in Nevada, which reduces transmission
costs to the District, compared to delivery in Utah. UAMPS noted that all of the proposals
reflected energy forward prices across the Western market are relatively low in the 2022 to
2027 timeframe. UAMPS Pool Project prices should also be correspondingly low due to
market forces, however the UAMPS power pool is subject to hourly and daily market price
fluctuations which introduces a greater amount of risk to the District than entering into a
fixed price long-term contract. The lower price of the proposed product at $35 MWh,
compared to the existing 5-year product at $46 MWh, should help stabilize any rate
impacts our customers might experience if this portion of our purchase power portfolio
were replaced with daily market price generation. With low forward prices and a 5-year
term, entering into the proposed 5-year market power purchase contract is the
recommended option to meet District load requirements.
This item is in support of the following objectives and goals identified by the District.
1.05.020 Objectives:
1. Responsibly serve the public.
4. Provide reliable and high quality electric supply and distribution system to meet current
and future needs.
1.05.030 Goals:
1.1. Conduct the District’s business in a legal, ethical, open, and transparent manner.
4.3. Procure and contract for low cost electric power supplies to reliably meet current and
future loads, consistent with the Renewable Portfolio Standards and Risk Management
Policy.
FISCAL IMPACT:
The proposed Lock-In Transaction Confirmation for a 5-year market power purchase in
2022-2027 is priced at about $35 per MWh on average. The existing 5-year market
purchase (2017-2022) is priced at $46 per MWh. The lower price of the proposed product,
Item Existing Proposed
5-Year Product Term 2017 – 2022 2022 – 2027
Annual Energy, MWh 56,250 30,420
Annual Energy, % of Total 35% 20%
Price, $ per MWh $46 $35
Page 3 of 3
compared to the existing 5-year product, should help stabilize any rate impacts our
customers might experience if this portion of our purchase power portfolio were replaced
with higher priced generation.
ATTACHMENTS:
1. Confirmation to Lock-In Transaction Confirmation for the Firm Power Supply Project
CONFIRMATION TO LOCK-IN
TRANSACTION CONFIRMATION
FIRM POWER SUPPLY PROJECT
This Transaction Schedule to the Master Firm Power Supply Agreement to which all Parties to this
Transaction Schedule are signatories provide for the following transactions. The Parties to this
Transaction Schedule agree to the terms of the Master Firm Power Supply Agreement, the following
provisions, and agree to pay all costs of this transaction through the Firm Power Supply Project.
SELLER: UAMPS
PURCHASER: Truckee Donner PUD
SUPPLIER: Shell Energy (Nevada Delivery)
EFFECTIVE DATE: Confirmation Agreement effective November 24, 2020 between Shell Energy
and UAMPS.
TERM, AMOUNT, AND PRICE:
Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23
LLH kW 0 0 0 0 0 0 0 0 3,150 3,600 4,500 1,890
HLH kW 0 0 0 0 0 0 0 0 4,200 4,800 5,850 2,430
LLH Price $23.96 $25.93 $29.60 $49.72 $50.45 $38.76 $30.64 $30.17 $31.26 $33.14 $30.55 $28.94
HLH Price $26.91 $29.13 $48.25 $113.10 $112.20 $80.86 $35.54 $35.01 $38.24 $39.25 $38.44 $32.40
Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24
LLH kW 0 0 0 0 0 0 0 0 3,150 3,600 4,500 1,890
HLH kW 0 0 0 0 0 0 0 0 4,200 4,800 5,850 2,430
LLH Price $22.69 $24.58 $25.76 $41.48 $42.34 $39.27 $29.58 $29.85 $31.68 $31.25 $30.05 $28.43
HLH Price $23.82 $24.79 $40.87 $98.66 $97.91 $76.86 $31.96 $31.86 $34.50 $35.82 $35.29 $32.02
Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Mar-25
LLH kW 0 0 0 0 0 0 0 0 3,150 3,600 4,500 1,890
HLH kW 0 0 0 0 0 0 0 0 4,200 4,800 5,850 2,430
LLH Price $22.25 $23.99 $25.55 $45.24 $46.26 $42.42 $28.19 $27.65 $30.17 $31.25 $30.05 $28.43
HLH Price $23.19 $24.83 $37.45 $87.96 $86.14 $66.10 $32.49 $32.02 $36.17 $35.82 $35.29 $32.02
Apr-25 May-25 Jun-25 Jul-25 Aug-25 Sep-25 Oct-25 Nov-25 Dec-25 Jan-26 Feb-26 Mar-26
LLH kW 0 0 0 0 0 0 0 0 3,150 3,600 4,500 1,890
HLH kW 0 0 0 0 0 0 0 0 4,200 4,800 5,850 2,430
LLH Price $22.25 $23.99 $25.55 $45.24 $46.26 $42.42 $28.19 $27.65 $30.17 $31.25 $30.05 $28.43
HLH Price $23.19 $24.83 $37.45 $87.96 $86.14 $66.10 $32.49 $32.02 $36.17 $35.82 $35.29 $32.02
Apr-26 May-26 Jun-26 Jul-26 Aug-26 Sep-26 Oct-26 Nov-26 Dec-26 Jan-27 Feb-27 Mar-27
LLH kW 0 0 0 0 0 0 0 0 3,150 3,600 4,500 1,890
HLH kW 0 0 0 0 0 0 0 0 4,200 4,800 5,850 2,430
LLH Price $22.25 $23.99 $25.55 $45.24 $46.26 $42.42 $28.19 $27.65 $30.17 $31.25 $30.05 $28.43
HLH Price $23.19 $24.83 $37.45 $87.96 $86.14 $66.10 $32.49 $32.02 $36.17 $35.82 $35.29 $32.02
OTHER
PROVISIONS:
Energy: UAMPS will schedule all energy and will delivery to the Purchaser its
kilowatt monthly amounts as noted in the above table.
Transmission: UAMPS will charge and the Purchaser will pay transmission charges as
adopted by the UAMPS Board of Directors from time to time.
Administration: UAMPS will charge and Purchasers will pay the scheduling fee and
reserve fee as adopted by the UAMPS Board of Directors from time to
time.
This Transaction Confirmation may be signed in counterparts.
Dated this ________ day of ______________, 2020.
SELLER: PURCHASER
_____________________________________ _________________________________
Manager of Corporate and Member Relations TDPUD’s Member Representative
AGENDA ITEM # 8
Page 1 of 2
MEETING DATE: December 16, 2020
TO: Board of Directors
FROM: Shanna D. Kuhlemier, CMC, District Clerk
SUBJECT: Selection of a General Manager Succession Ad Hoc
Committee
APPROVED BY_______________________________
Shanna D. Kuhlemier, CMC, District Clerk
RECOMMENDATION:
Establish the General Manager Succession Ad Hoc Committee, and appoint two Board of
Directors to serve the duration of the Ad Hoc Committee.
DISCUSSION:
Board of Directors Ad Hoc Committees are commonly used in governments to create a
subcommittee under the Board of Directors for the purpose of specific tasks. Members of
Ad Hoc Committees established by the Board of Directors are advisory to the Board and
members of the committee are appointed by the Board.
Ad hoc committees are treated differently under the Ralph M. Brown Act as it relates to
noticing and posting requirements. The committee must:
Be compromised solely of less than a quorum of the legislative body (two Directors
in the case of the District);
Have a defined purpose and a time frame to accomplish the purpose;
Is advisory to the Board and does not have delegated decision making authority;
and
Will return to the full Board of Directors on any recommendations.
On November 18, 2020 the Board of Directors terminated the employment of General
Manager, Rem Scherzinger and appointed Brian Wright as Interim General Manager. The
Board of Directors has requested staff to implement the establishment of a Board of
Directors Ad Hoc Committee and selection of members, for the purposes of negotiating an
Interim General Manager agreement with Brian Wright, identifying the succession/transition
plan and process, and establish a selection process of a new General Manager.
Page 2 of 2
1.05.020 Objectives:
1. Responsibly serve the public
FISCAL IMPACT:
There is no direct fiscal impact associated with this item.
ATTACHMENTS:
None
AGENDA ITEM # 9
Page 1 of 2
MEETING DATE: December 16, 2020
TO: Board of Directors
FROM: Stephen Moore, Electric Operations Manager
SUBJECT: Consideration to Approve a Memoranda of Understanding
with the Town of Truckee for the Use of the Town’s Fueling
Facilities and Funding of a New Fuel Tank
APPROVED BY______________________________
Joe Horvath, P.E., Assistant General Manager/
Electric Utility Director
RECOMMENDATION:
Approve and authorize the Interim General Manager to execute the Draft Memorandum of
Understanding (Attachment 1), establishing terms for the District’s use of the Town of
Truckee’s fueling station in the Pilot Project and New Fuel Tank Project, in substantially the
form presented with such changes as are acceptable to the Interim General Manager and
District Counsel including, but not limited to, revisions to the indemnity, insurance and
termination provisions.
BACKGROUND:
In July of 2020 staff began to discuss fueling options with the Town of Truckee (Town) to
develop a Memoranda of Understanding (Attachment 1) for the use of the Town’s fueling
facilities. This decision was made in an effort to resolve long term challenges with fueling
access in winter months. Staff also identified cost saving measures by sharing fueling
facilities with the Town of Truckee and the Truckee Fire District. The Town is in the process
of converting its diesel supply from petroleum based diesel to renewable diesel which will
help the Town reach its Greenhouse Gas (GHG) reduction goals. By sharing fueling
facilities with the Town, the District could also reduce our GHG emissions footprint with the
use of renewable diesel.
The District wishes to engage in a pilot program in which it would utilize the Town’s existing
fueling facility during the winter, as outlined in the draft MOU. If both the District and the
Town decide to move forward with a long-term fuel sharing agreement, the District would
pay a fair share amount towards the cost to reimburse the Town for a portion of the Town’s
existing fueling facilities, and to purchase and install a proposed new 20,000 gallon fuel
tank. Also per the MOU, the District will pay a fair share of ongoing fuel tank maintenance
cost.
Page 2 of 2
In order to initiate the pilot program and establish long-term financial commitments
associated with a new fuel tank, staff recommends that the Board authorize the General
Manager to execute the MOU with the Town. The draft MOU has been reviewed by staff
and District Council. The Town Council approved the MOU at the December 8 th, 2020
meeting. Staff will report back to the Board on a final recommendation to pursue the new
fuel tank project as we approach the end of the pilot project period in March, 2021.
This item is in support of the following objectives and goals identified by the District.
1.05.020 Objectives:
1. Responsibly serve the public.
5. Manage the District in an environmentally sound manner.
1.05.030 Goals:
1.1. Conduct the District’s business in a legal, ethical, open, and transparent manner.
5.5 Minimize negative impact of District operations on the environment.
FISCAL IMPACT:
Implementation of the terms in the MOU for the Pilot Project would result in the District
paying about 19 cents less for diesel and 64 cents less for gasoline on average per gallon
for a total cost savings of about $4,702 over the three month term of the Pilot Project.
Implementation of the terms in the MOU for the New Fuel Tank Project would result in the
District providing the Town an estimated amount of $125,997 (see table below) towards a
fair share reimbursement of a portion of the Town’s existing fueling facility and purchase
and installation of a new 20,000 gallon fuel tank to be installed at the existing Town
Corporation Yard. The District would continue to benefit from the per gallon cost savings as
previously described.
Estimated Cost of New 20,000 Gallon Fuel Tank $260,000
Town of Truckee Contribution $83,604
Truckee Fire Contribution (Includes Fair Share of Existing Infrastructure) $50,399
Subtotal of the Town and Truckee Fire Contribution $134,003
TDPUD Contribution (Includes Fair Share of Existing Infrastructure) $125,997
ATTACHMENTS:
Attachment 1: Draft Memorandum of Understanding with the Town of Truckee
ATTACHMENT 1
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (“MOU”) is entered on the ____ day of November,
2020 (“Effective Date”), between the Truckee Donner Public Utility District (“TDPUD”) and
Town of Truckee (“Town”) to establish terms for TDPUD’s use of Town’s fueling station.
RECITALS
1. Town and TDPUD are each California public agencies possessing the authority to make
the most efficient use of their respective powers, and to cooperate with other municipal
authorities and districts to obtain mutual advantage and best meet the needs of local
communities.
2. Town is investigating whether to add capacity to its existing fueling station located at
10969 Stevens Lane, Truckee, California and is interested in cooperating with other public
agency partners in such development or use of the additional capacity.
3. Town is also investigating the conversion of its fuel supply from diesel to renewable diesel.
4. TDPUD is interested in diversifying its fueling facilities and wishes to investigate
participation in additional fueling station capacity.
5. Town and TDPUD (collectively, the “Parties”) understand the Truckee Fire Protection
District (“Truckee Fire”) also shares preliminary interest in participating in the
development or use of any additional fueling station capacity undertaken by the Town.
6. Before finalizing the construction documents for the development of additional fuel station
capacity, the Parties wish to engage in a pilot program in which TDPUD will utilize the
Town’s existing fuel station.
NOW THEREFORE, the Parties agree as follows:
1. PURPOSE:
A. To authorize a short-term pilot project (“Pilot Project”) in which TDPUD fleet vehicles
will utilize the Town’s existing fueling station (“Fueling Station”), under the terms set
forth herein and in Exhibit A.
B. Should the Parties determine the Pilot Project to be successful, the Parties shall discuss
a long-term agreement in which the TDPUD vehicles will utilize the Fueling Station
once a new fuel tank is installed (“New Fuel Tank Project”), under the terms set forth
herein and in Exhibit B.
C. This MOU further defines:
i. The roles and responsibilities of the Parties under both the Pilot Project and
New Fuel Tank Project.
ii. The financial obligations of the Parties under both the Pilot Project and the New
Fuel Tank Project.
2. TERM: The term of this MOU shall commence on the Effective Date. During the term
hereof, TDPUD shall have use of the Fueling Station. TDPUD shall notify the Town in
writing by March 30, 2021 whether TDPUD intends to participate in the New Fuel Tank
project, as further described in Exhibit B. The Pilot Project shall continue until either the
new fuel tank is operational or until April 15, 2021 (in the case that TDPUD determines it
no longer wants to fuel at the Fueling Station). If the New Fuel Tank Project is pursued
and TDPUD has indicated that it wishes to participate, this MOU will remain in effect for
five (5) years from the time that the New Fuel Tank is operational (the “New Fuel Tank
Term”). This MOU will thereafter automatically renew for successive five (5) year periods
unless amendments or termination are requested by either of the Parties.
3. SAFETY: It shall be the joint duty of TDPUD and the Town to ensure that proper safety
practices shall be observed at all times while the Parties’ respective personnel are using the
Fueling Station. In this regard, TDPUD and the Town will follow all federal, state, and
local rules and regulations applicable to operations at the Fueling Station.
4. OPERATIONS AND MAINTENANCE: Town shall remain solely and exclusively
responsible for all operation and maintenance responsibilities associated with the Fueling
Station throughout the duration of this MOU, provided that nothing herein shall affect
TDPUD’s responsibilities under paragraph 3 herein. Without limiting the generality of the
foregoing, the Town shall remain exclusively responsible for all offloading of bulk fuel
deliveries, all tank maintenance and inspection, maintenance and inspection of fuel service
stations, and the obligation to possess appropriate permits and licenses for the Fueling
Station. TDPUD shall have no right to construct, install, remove, modify, and/or repair
any buildings, structures, tanks, dispensing equipment, pavement, or any other part of the
premises at the Fueling Station.
5. TOWN’S RESERVED RIGHTS: Nothing herein shall restrict, limit, or otherwise affect
the rights of Town to further develop, modify, or improve the Fueling Station during the
term of this MOU in Town’s sole discretion.
6. USE OF FUELING STATION AT TDPUD’S RISK: All TDPUD employees and
property of every kind using or present at the Fueling Station during the term of this
Agreement shall be at the sole risk of TDPUD; and the Town shall not be liable to TDPUD
for any injury, loss, or damage to any persons or property in or upon said premises, or upon
the sidewalks and alleyways or other contiguous areas thereto. TDPUD shall defend (with
counsel acceptable to Town), indemnify, and hold harmless Town from and against any
and all claims, demands, losses, damages, liabilities, fines, penalties, charges,
administrative and judicial proceedings and orders, judgments, and all costs and expenses
incurred in connection therewith, including, without limitation, actual attorneys' fees and
costs of defense and costs and expenses of all experts and consultants (collectively, the
"Losses"), arising directly or indirectly, in whole or in part, out of the use of the Fueling
Station by TDPUD personnel, or the breach or alleged breach of any obligation contained
in this MOU, with the exception of Losses caused by the sole negligence or willful
misconduct of the Town, or its officers, agents, and employees.
7. DAMAGE CAUSED BY TDPUD EMPLOYEES: TDPUD shall, at Town’s option,
either repair or reimburse Town for the cost of repairing any damage to the Fueling Station
and/or surrounding property caused by a TDPUD employee or vehicle, including without
limitation cleanup of fuel spilled by TDPUD employees. TDPUD shall immediately notify
Town in the event of a fuel spill exceeding one gallon or the occurrence of any damage to
the Fueling Station or Town property.
8. INSURANCE: TDPUD shall maintain the insurance required under this paragraph 8 at all
times during the term of this MOU.
8.1 Types of Insurance Required. Without limiting the indemnity provisions of this
MOU, TDPUD shall procure and maintain in full force and effect following policies
of insurance. Notwithstanding the minimum policy limits set forth below,
Notwithstanding the foregoing, if TDPUD maintains higher limits than the
specified minimum limits, Town requires and shall be entitled to coverage for the
higher limits maintained by TDPUD.
8.1.1 Commercial General Liability: Commercial General Liability Insurance
which affords coverage at least as broad as Insurance Services Office
“occurrence” form CG 0001, or the exact equivalent, and shall be no less
than $1,000,000 per occurrence and no less than $2,000,000 in the general
aggregate. Defense costs shall be paid in addition to the limits. The policy
shall contain no endorsements or provisions limiting coverage for (1)
contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; or (3) contain any other exclusion contrary to this
MOU.
8.1.2 Workers’ Compensation: Workers' Compensation Insurance, as required
by the State of California and Employer's Liability Insurance with a limit of
not less than $1,000,000 per accident for bodily injury and disease.
8.2 Endorsements. Required insurance policies shall not be in compliance if they
include any limiting provision or endorsement that has not been submitted to the
Town for approval.
8.2.1. The policy or policies of insurance required by paragraph 8.1.1 shall be
endorsed to: (a) include as additional insureds Town, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with
an edition date of 2010 or another edition date acceptable to Town; and (b)
provide that required insurance policies shall not be canceled or the
coverage reduced until a thirty (30) day written notice of cancellation has
been served upon the Town except ten (10) days shall be allowed for non-
payment of premium.
8.2.2 The policy or policies of insurance required by paragraph 8.1.2, Workers'
Compensation, shall be endorsed to provide the following: (a) a waiver of
subrogation stating that the insurer waives all rights of subrogation against
the indemnified parties; (b) provide that required insurance policies shall
not be canceled or the coverage reduced until a thirty (30) day written notice
of cancellation has been served upon the Town except ten (10) days shall
be allowed for non-payment of premium.
8.3 Primary and Non-Contributing Insurance. All insurance coverage shall be primary
and any insurance or self-insurance maintained by the Town, its directors, officials,
officers, employees, agents, and volunteers shall be excess of TDPUD’s insurance
and shall not be called upon to contribute with it in any way. Policies shall contain
or be endorsed to contain such provisions.
8.4 Waiver of Subrogation. Required insurance coverages shall not prohibit TDPUD
from waiving the right of subrogation prior to a loss. TDPUD shall waive all
subrogation rights against the indemnified parties. Policies shall contain or be
endorsed to contain such provisions.
8.5 Deductible. Any deductible or self-insured retention must be approved in writing
by the Town and shall protect the indemnified parties in the same manner and to
the same extent as they would have been protected had the policy or policies not
contained a deductible or self-insured retention.
8.6 Evidence of Insurance. TDPUD, concurrently with the execution of this MOU, and
as a condition precedent to the effectiveness thereof, shall deliver either certified
copies of the required policies, or original certificates and endorsements on forms
approved by Town. The certificates and endorsements for each insurance policy
shall be signed by a person authorized by that insurer to bind coverage on its behalf.
At least fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or extended shall
be filed with Town. If such coverage is cancelled or reduced, TDPUD shall, within
ten (10) days after receipt of written notice of such cancellation or reduction of
coverage, file with the Town evidence of insurance showing that the required
insurance has been reinstated or has been provided through another insurance
company or companies.
8.7 Acceptability of Insurers. Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and authorized
to do business in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California
Insurance Code or any federal law. Notwithstanding the foregoing, TDPUD may
satisfy the requirements of this paragraph 8 by maintaining coverage through a
joint powers self-insurance pool, provided such coverage otherwise satisfies such
requirements.
9 TERMINATION: Either Party, at its option, may terminate this MOU for any reason
whatsoever without any liability of any nature to the other Party by giving thirty (30) days
written notice to the other party.
10 GENERAL PROVISIONS:
10.1 Entire Agreement. This MOU contains the entire agreement of the Parties with
respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This MOU may only be modified by a writing
signed by both Parties.
10.2 Governing Law. This MOU shall be governed by the laws of the State of
California. Any action to interpret or enforce this MOU shall be brought in the
Truckee branch of the Nevada County Superior Court.
10.3 Assignment or Transfer. TDPUD’s rights, obligations, and duties under this MOU
may not be transferred in whole, or in part to another party.
10.4 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this MOU, the language of this MOU shall
be construed simply, according to its fair meaning, and not strictly for or against
any Party. Any term referencing time, days or period for performance shall be
deemed calendar days and not work days. All references to TDPUD include all
personnel and employees of TDPUD, except as otherwise specified in this MOU.
All references to Town include its elected officials, officers, employees, agents, and
volunteers except as otherwise specified in this MOU. The captions of the various
articles and paragraphs are for convenience and ease of reference only, and do not
define, limit, augment, or describe the scope, content, or intent of this MOU.
10.5 Waiver. No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other
Party any contractual rights by custom, estoppel, or otherwise.
10.6 No Third-Party Beneficiaries. There are no intended third party beneficiaries of
any right or obligation assumed by the Parties.
10.7 Severability. If any portion of this Agreement is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
TOWN OF TRUCKEE
Dated: __________________ ________________________________________
Jennifer Callaway, Town Manager
APPROVED AS TO FORM:
Dated: __________________ ________________________________________
Andrew Morris, Town Attorney
Town of Truckee
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
Dated: __________________ ________________________________________
Brian Wright
Interim General Manager
APPROVED AS TO FORM:
Dated: __________________ ________________________________________
Steve Gross
General Counsel
EXHIBIT A
TERMS OF PILOT PROJECT
A. USE OF FUELING STATION FACILITIES: TDPUD shall have access to the Fueling
Station to directly obtain fuel as needed, in accordance with standard practices currently
prevailing at the Fueling Station. Such access shall be strictly limited to vehicles bearing
TDPUD insignia and for official TDPUD purposes only. TDPUD shall provide, and update as
necessary, a roster of license plate numbers for the TDPUD fleet vehicles that may utilize the
Fueling Station.
Town shall issue TDPUD any necessary fueling access devices and necessary training. Such
fueling access devices shall include a unique identifier for each vehicle and one employee ID
to represent all TDPUD employees to track the quantities of fuel obtained by a TDPUD
vehicles. TDPUD vehicle mileage will not be tracked as a part of the pilot project.
Should the Town at any point during the Pilot Project anticipate a fuel shortage will occur due
to adverse weather conditions or delayed deliveries, the Town will notify TDPUD
immediately. TDPUD agrees to seek alternative fuel sources within 24 hours of receiving such
notice. TDPUD shall not obtain fuel from the Fueling Station until the Town notifies TDPUD
that the shortage has ended.
On or before March 30, 2021, TDPUD shall notify Town in writing whether it intends to
participate in the New Fuel Tank project, under the terms describe in Exhibit B. If TDPUD
does not wish to participate in the New Fuel Tank Project, TDPUD’s use of the Fueling Station
shall terminate on April 15, 2021.
B. INGRESS AND EGRESS: Upon and after the Effective Date, and for the duration of the
Term, TDPUD shall have the right of ingress to and egress from the Fueling Station for the
purposes described herein. TDPUD employees and vehicles shall take reasonable steps to
avoid interference with Town’s use of the Fueling Station.
C. INVOICING AND PAYMENT: The Town shall issue TDPUD one invoice at the end of the
Pilot Project for the amount of fuel supplied to TDPUD, plus taxes, $0.09 per gallon to offset
the Town’s maintenance costs, as well as $500 to offset the Town’s costs of setting up the Pilot
Project and billing TDPUD. The invoice shall identify the amount of fuel used by each fueling
access device issued to TDPUD and the rate charged for fuel, which TDPUD acknowledges
will fluctuate during the Pilot Project. TDPUD shall pay the invoice within thirty (30) days of
receipt thereof.
EXHIBIT B
TERMS OF NEW FUEL TANK PROJECT
The provisions of this Exhibit B shall take effect only if TDPUD has provided a timely notice to
the Town pursuant to Section 2 of the MOU, indicating TDPUD’s commitment to participate in
the New Fuel Tank project.
A. USE OF FUELING STATION FACILITIES: During the New Fuel Tank Term,
TDPUD shall have access to the Fueling Station to directly obtain fuel as needed, in
accordance with standard practices currently prevailing at the Fueling Station. Such access
shall be strictly limited to vehicles bearing TDPUD insignia and for official TDPUD
purposes only. TDPUD shall provide a roster of license plate numbers for the TDPUD fleet
vehicles that may utilize the Fueling Station.
The Town shall work with the fuel supplier, Hunt & Sons, to issue TDPUD any necessary
fueling access devices. Such fueling access devices shall include a unique identifier to track
the quantities of fuel obtained by TDPUD vehicles and shall have the ability to track fuel
usage by vehicle and employee and shall track mileage.
B. COST SHARE FOR FUELING STATION CAPITAL INVESTMENT: If by March
31, 2021, TDPUD desires to continue use of the Town’s Fueling Station, TDPUD shall
provide a payment to the Town for the capital investment associated with the existing
20,000 gallon tank plus a new 20,000 gallon tank. The Town, TDPUD, and Truckee Fire’s
fair share percentages are as follows:
Entity
Total Estimated
Annual Fuel
Usage
Fair Share
Percentage
Town
90,900 65%
TDPUD
34,780 25%
Truckee Fire
14,342 10%
Total
140,022 100%
The cost of the infrastructure to be shared by the Parties is equal to the sum of the following:
a. Estimated construction cost of the existing tank ($356,700), depreciated 33% (10
years of a 30 year life), or $238,989
b. Actual construction cost of the new 20,000 gallon tank, currently estimated to be
$265,000.
c. Total estimated infrastructure cost = $503,989
The actual fair share amount will be based on the actual construction cost (construction
contract amount plus construction management cost associated with consultant fees and
Town staff time). The construction cost of the existing tank will remain fixed at $238,989.
TDPUD’s fair share cost for the capital investment is currently estimated to be $125,997
(25 percent of $503,989).
TDPUD shall make an initial payment to the Town of $59,747.25 (25% of the existing fuel
tank cost) on or before April 30, 2021. The second payment will be due as outlined in
Paragraph C below.
C. NEW FUEL TANK CONSTRUCTION: The Town will solicit bids to construct the New
Fuel Tank. After the Town receives and opens bids and determines an apparent low bidder
the Town shall notify TDPUD. Within 10 days of receiving the notice of the bid amount
from the Town, TDPUD shall deposit with the Town an amount equal to 25% of the
estimated construction cost for the New Fuel Tank plus an additional 15% to cover the
construction contract contingency and construction management and inspection costs.
Within 45 days of receiving TDPUD’s deposit, the Town shall award and enter into a
contract for the construction of the New Fuel Tank. Within 60 days of completion of the
New Fuel Tank, the Town and TDPUD will reconcile any remaining costs or outstanding
invoices.
Town shall cause the construction of the New Fuel Tank to occur and will begin the use of
Renewable Diesel once the New Fuel Tank is operational.
D. FUEL RATES AND OTHER CHARGES: During the New Fuel Tank Term, the fuel
supplier, Hunt & Sons will bill TDPUD directly for the fuel utilized by TDPUD. The cost
per gallon shall include the cost of fuel and applicable taxes. In addition, the Town shall
invoice TDPUD annually for its share of the maintenance costs for the Fueling Station,
comprising 25 percent of the maintenance costs, including inspections and repairs. TDPUD
shall be entitled to review the books and records of the Town to validate and verify the
calculation of the fuel rates charged to TDPUD. TDPUD shall pay each invoice issued by
Town or Hunt & Sons within thirty (30) days of receipt thereof.
-TRUCKEE DONNER j AGENDA ITEM #10
Public Utility District J
MEETING DATE:December 2,2020
TO:Board of Directors
FROM:Shanna D.Kuhiemier,CMC,District Clerk
SUBJECT:Approve the Minutes of the Regular Meeting of November 4,
2020 and the special meetings for November 13,2020,
November 17,2020,and November 18,2020
Page 1 of 1
REGULAR MEETING MINUTES.
November 4,2020
1.CALL TO ORDER The meeting of the Board of Directors of the Truckee Donner Public Utility
District was called to order at 6:01 p.m.in the TDPUD Boardroom by President Bender.
Disclaimer:Due to the COVID-19 situation and the California Governor’s Executive Orders,
this Board meeting was conducted with the Board via video/teleconferencing measures and
live streamed on the District website.Public comment was opened using email and questions
and answers on Zoom.
2.ROLL CALL Director Ellis,Vice President Finn,and President Bender.
Absent:Directors:Tony Laliotis and Joe Aguera.
EMPLOYEES PRESENT:Brian Wright,Ian Fitzgerald,Steven Poncelet,Mike Salmon,Rem
Scherzinger,and Shanna Kuhlemier.
CONSULTANTS PRESENT —Steve Gross,District Counsel.
3.PLEDGE OF ALLEGIANCE —defer.
4.CHANGES TO THE AGENDA —none.
5.PUBLIC INPUT
President Bender called for public comment,seeing none.
6.DIRECTOR UPDATE
Director Ellis:
•Through reflection during the election season,the importance of local government is
prevalent.
•Appreciate staff and fellow Board members,the District and community.
•Stated the experience and relationships through his tenure of the District are amazing.
GENERAL MANAGER I CEO UPDATE
7.General Manager/CEO Rem Scherzinger gave updates regarding:
•Water was a “banner”month.A huge increase from last year.
o Increase in population.
o Warmer and dryer fall than normal.
•RPS 6%LESS.Total renewable for the year on year.
o Looking for more renewable resources.
o TCID,offered power for next year at a rate of 28.00 a mwh.
Expressed a real opportunity with those folks.
•Financial side seeing the flattening of the curve.
•Two members of staff tested positive COVID-1 9.These are non-work related.
o Moved crews to a more isolated schedule.
o Staff working from home will remain at home.
o People who have offices are at the District.
o TFH helped us out a great deal for rapid test.
•Strategic Plan -
o Kudos to staff and board for achieving the goals.
o Clean set of goals objectives and projects.
o Staff development and communication team is working hard on the plan.
Good level of participation from community and survey.
•CAL DES Grant submittal for 300k.Beginning of something great.
PRESENTA11ON
8.Presentation on the Truckee Tahoe Workforce Housing Agency.
Receive the update on the Truckee Tahoe Workforce Housing Agency and Re
view of Employee Housing Needs Study.
Presentation Steven Poncelet,Wendy Sullivan,and Emily Vitas (presentation available upon
request).
No public input
Director Comments:
o Lots of comments,which ones from our employees specifically.
o Looking for solutions before workforce retires out.
o Expense with employees outside of district and cost of running District out of bounda
ries.
o District vehicles are taken outside of boundaries for on call service.
CONSENT
9.Appoint Property Negotiators.
Appoint the General Manager/CEO as the District’s Negotiator Concerning Ne
vada County Parcel Numbers 19-300-16 and 19-300-17.Entity:Town of Truckee.
President Bender called for public comment,seeing none.
President Bender moved,and Vice President Finn seconded,that the Board approve the con
sent calendar.The motion passed unanimously (3-0),by a roll call vote.Directors Laliotis and
Aguera were absent.
ACTION ITEM(S)
1O.Award of a Professional Services Contract to Perform Design Assistance for the Pioneer
Trail Pipeline Project.
1.Authorize the General Manager to execute a professional services contract
with Waterworks Engineers to provide design assistance for the Pioneer Trail
Pipeline Project in an amount not to exceed $1 10,000.
2.Approve the transfer of $1 10,000 from the Water Capital Reserve Fund to the
Water General Fund.
Brian Wright provided a presentation (available upon request).
President Bender called for public comment,seeing none.
Board Comments:
The geotechnical analysis would identify any faults in the area.
®There is significant elevation change on the east end.
•Great report and the citizens in Tahoe Donner will benefit.
•One of the many projects that support a rate increase.
•Robust public outreach will be completed.
o There is a potential multi agency project with the third access road the Town has
planned.
Vice President Finn moved,and Director Ellis seconded,that the Board approve the staff rec
ommendation.The motion passed unanimously (3-0),by a roll call vote.Directors Laliotis and
Aguera were absent
11.Consideration for Approval of the Airport Well Maintenance Change Order.
Authorize the General Manager to execute a change order for the 2020 Airport
Well Maintenance Contract with Well Industries,Inc.in the amount of $24,694.32,
for a revised total contract amount not to exceed $79,194.20 plus tax.
Brian Wright provided a presentation (available upon request).
President Bender called for public comment,seeing none.
Board Comments:
•Column alignment is a contributing factor for a shorter life cycle.
•The ground is abrasive and sandy.
•Staff used video technology to modulate and extend useful life.
•Great project and a great fieldtrip to understand water operations.
Director Ellis moved,and Vice President Finn seconded,that the Board approve the staff rec
ommendation.The motion passed unanimously (3-0),by a roll call vote.Directors Laliotis and
Aguera were absent
ROUTINE BUSINESS
12.Approval of the Treasurer’s Report:November 2020
a)Approval of the Treasurer’s report of fund balances for the Month Ended
September 2020.
Vice President Finn moved,and Director Ellis seconded,that the Board approve the staff rec
ommendation.The motion passed unanimously (3-0),by a roll call vote.Directors Laliotis and
Aguera were absent
b)Approval of disbursements for October 2020.
President Bender called for public comment,seeing none.
Director Ellis moved,and Vice President Finn seconded,that the Board approve the staff rec
ommendation.The motion passed unanimously (3-0),by a roll call vote.Directors Laliotis and
Aguera were absent
13.Approve the Minutes of Minutes of Special Meeting,September 16,2020,Regular Meet
ing,October 7,2020 and Special Meeting,October 21,2020.
President Bender called for public comment,seeing none.
Director Ellis moved,and Vice President Finn seconded,that the Board approve the staff rec
ommendation.The motion passed unanimously (3-0),by a roll call vote.Directors Laliotis and
Aguera were absent
ADJOURNMENT -7:27 p.m.
There being no further business before the Board,the meeting was adjourned to the next
scheduled regularly scheduled meeting of the Truckee Donner Public Utility District on Decem
ber 2,2020 at 6:00 p.m.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
Jeff Bender,President
Respectfully Submitted,_______________
Shanna D.Kuhlemier,CMC,District Clerk
SPECIAL MEETING MINUTES
November 13,2020
1.CALL TO ORDER The meeting of the Board of Directors of the Truckee Donner Public Utility
District was called to order at 10:04 a.m.by President Bender.
Disclaimer:Due to the COVID-19 situation and the California Governor’s Executive Orders,
this Board meeting was conducted with the Board via video/teleconferencing measures and
live streamed on the District website.Public comment was opened using email and questions
and answers on Zoom.
2.ROLL CALL Directors:Joe Aguera,Tony Laliotis,Vice President Christa Finn,Bob Ellis,
and President Jeff Bender.
EMPLOYEES PRESENT:Rem Scherzinger and Shanna Kuhlemier
CONSULTANTS PRESENT —Steve Gross,District Counsel.
3.PLEDGE —defer.
4.CHANGES TO THE AGENDA -none
CLOSED SESSION
5.Closed Session Pursuant to Government Code Section 54957,Public Employee Perfor
mance Evaluation —General Manager’s Performance Review.No Reportable Action.
President Bender called for public comment,seeing none.
ADJOURNMENT -12:04 p.m.
There being no further business before the Board,the meeting was adjourned to the next reg
ularly scheduled meeting of the Truckee Donner Public Utility District on December 2,2020 at
6:00 p.m.and the next special meeting on November 18,2020.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
Jeff Bender,President
Respectfully Submitted,_______________
Shanna D.Kuhlemier,CMC,District Clerk
SPECIAL MEETING M~NUTES
November 17,2020
1.CALL TO ORDER The meeting of the Board of Directors of the Truckee Donner Public Utility
District was called to order at 3:00 p.m.by President Bender.
Disclaimer:Due to the COVID-19 situation and the California Governor’s Executive Orders,
this Board meeting was conducted with the Board via video/teleconferencing measures and
live streamed on the District website.Public comment was opened using email and questions
and answers on Zoom.
2.ROLL CALL Directors:Joe Aguera,Tony Laliotis,Vice President Christa Finn,Bob Ellis,
and President Jeff Bender.
EMPLOYEES PRESENT:Rem Scherzinger and Shanna Kuhlemier
CONSULTANTS PRESENT —Steve Gross,District Counsel.
3.PLEDGE —defer.
4.CHANGES TO THE AGENDA —none.
CLOSED SESSION
5~Closed Session Pursuant to Government Code Section 54957,Public Employee Perfor
mance Evaluation —General Manager’s Performance Review.No Reportable Action.
President Bender called for public comment,seeing none.
ADJOURNMENT -4:00 p.m.
There being no further business before the Board,the meeting was adjourned to the next reg
ularly scheduled meeting of the Truckee Donner Public Utility District on December 2,2020 at
6:00 p.m.and the next special meeting on November 18,2020.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
Jeff Bender,President
Respectfully Submitted,_______________
Shanna D.Kuhlemier,CMC,District Clerk
SPECIAL MEETING MINUTES
November 18,2020
1.CALL TO ORDER The meeting of the Board of Directors of the Truckee Donner Public Utility
District was called to order at 6:00 p.m.by President Bender.
Disclaimer:Due to the COVID-19 situation and the California Governor’s Executive Orders,
this Board meeting was conducted with the Board via video/teleconferencing measures and
live streamed on the District website.Public comment was opened using email and questions
and answers on Zoom.
2.ROLL CALL Directors:Joe Aguera,Tony Laliotis,Vice President Christa Finn,Bob Ellis,
and President Jeff Bender.
EMPLOYEES PRESENT:Rem Scherzinger and Shanna Kuhlemier
CONSULTANTS PRESENT —Steve Gross,District Counsel.
3.PLEDGE —defer.
4.CHANGES TO THE AGENDA -none.
CONSENT
5.Consideration of Professional Services Agreement with East River Public Relations Con
tract.
a)Authorize the General Manager to execute a contract amendment and all necessary
documents with East River PR (Attachment 1),increasing the amount by $3,000 for
a new not to exceed contract total of $17,900 for FY20;and
b)Authorize the General Manager to execute a Professional Services Agreement,and
all necessary documents,with East River PR (Attachment 2)in a not to exceed
amount of $20,000 for professional services related to FY21 public relations.
President Bender called for public comment,seeing none.
Director Ellis moved,and Director Laliotis seconded,that the Board approve the consent cal
endar.The motion passed unanimously (5-0),by a roll call vote.
ACTION ITEM(S)
6.Ratification of the Emergency Procurement of Transformer Bushing for Martis Valley Sub
station.
a)Ratify the General Manager’s emergency procurement action for the replacement
of eight 120kV bushings for the power transformers at Martis Valley Substation,and;
b)Authorize the General Manager to execute an amendment,and all necessary doc
uments,in the amount of $66,207,plus tax and freight,to the Support Services
Program Agreement with NCPA for substation testing services with NorCal Power
Services (Attachment 1).This revision will increase the contract from $79,494 to
an amount not to exceed $145,701,plus tax and freight.
Joe Horvath provided a presentation (available upon request).
President Bender called for public comment,seeing none.
Board Comments:
o Clear and concise about the expediency.
The replacement parts and the same type but with updated materials and technology.
•Questioned if staff had used this company,how often we inspect these components.
o Questioned if our inspections are behind with this significant find?Or if we need
to add additional inspections?
Joe Horvath,Electric Utility Director!Assistant General Manager stated he would have to look
into that.
Director Aguera moved,and Vice President Finn seconded,that the Board approve the staff
recommendation.The motion passed unanimously (5-0),by a roll call vote.
CLOSED SESSION
President Bender called for public comment.
President Bender announced he received a copy of a letter from Becky Mazzer and signa
tures from approximately 29 employees.
President Bender read into the record at the request of Kim Harris
“November 18,2020
President Bender and members of the Board,
Thank you for the opportunity to comment publicly during a Board meeting.I noticed that the
Public Comment item was conveniently absent from the Board’s agenda tonight.As this is my
only opportunity as Director-elect to comment per the Brown Act,I expect to have my com
ments read.
First,thank you to the TDPUD for sponsoring the Wild and Scenic Film Festival.I watched all
the films and am inspired by the independent films to educate our community to take steps to
ensure our environment is preserved for future generations to enjoy.
Next,I noticed that there have been three closed-sessions meetings the Board has had over
the past six days,including tonight.It appears that the closed session is due to the General
Manager performance review and potential public employee discipline/dismissal/release,and
appointment of an interim General Manager.This is causing speculation and frustration for
me,and I expect frustration from the community and employees.
The Board spent considerable efforts including time and money (approx $90,000?)to select a
qualified General Manager.Board members bragged about their hiring of Rem Scherzinger
as they felt that he was the best candidate among the stringent recruiting and hiring process.
I was told several times that the process used was one of the reasons the correct person for
the job was selected,and I agree that Rem was a great choice.
I am looking forward to working with Rem and the rest of the Board to ensure that our em
ployees stay motivated,our District is transparent and that we are fiscally responsible.
This appears to be a hasty decision of the Board to get rid of a new employee,and it is ques
tionable if the Board is experienced in managing its only employee.I have significant experi
ence with human resources and feel that as a Board member,I will be an advocate for the
District to ensure the process followed and the reasons behind this potential action are rea
sonable and appropriate.From my understanding from Rems reports to the Board,he has
been building trust among the staff and community and has addressed many difficult situa
tions in a professional manner.Why would the Board choose to let him go?It does not make
sense.
I request that the Board delay any action that would release Rem from his contract with the
District until I am sworn in and am able to be an active member of the Board to help navigate
this complicated process with honesty and integrity.
Thank you for your consideration and I look forward to being sworn in and serving the
Truckee Donner Public Utility District and its rate payers.
Respectfully submitted,
Kim Harris
Board-elect Director of TDPUD”
President Bender commented during the reading that the District adopted the Speak Your
Peace Campaign and this comment/behavior is inconsistent with that culture.Appreciated the
constructive criticism and stated the Board does have the experience to deal with difficult sit
uations.
Grace Newell,commented “Can you please advise the public the nature of what is being de
cided these meeting.The hiring of the new general manager was a collaborative effort.Now it
appears the general manager is being dismissed please advise what is happening”.
7,Closed Session Pursuant to Government Code Section 54957,Public Employee Perfor
mance Evaluation —General Manager’s Performance Review.No reportable action.
8.Closed Session Pursuant to Government Code Section 54957,Public Employee Disci
pline/Dism issal/Release.
The Board unanimously approved a motion to terminate the General Manager Rem
Scherzinger without cause.There is not a good fit between the Board and the General
Manager and the Board feels this is in the best interest of the TDPUD.
9.Closed Session Pursuant to Government Code Section 54957,Public Employee Appoint
ment:Interim General Manager.
The Board unanimously approved a motion to appoint Brian Wright as the Interim General
Manager effective immediately.The Board respects and supports Brian Wright and we
are asking each of you to do everything to ensure his and the District’s continued suc
cess.
President Bender called for public comment,seeing none.
ADJOURNMENT -7:58 p.m.
There being no further business before the Board,the meeting was adjourned to the next reg
ularly scheduled meeting of the Truckee Donner Public Utility District on December 2,2020 at
6:00 p.m.
TRUCKEE DONNER PUBLiC UT~LJTY D~STR~CT
Jeff Bender,President
Respectfully Submitted,_______________
Shanna D.Kuh~em~er,CMC,District Clerk
11570 Donner Pass Rd, Truckee, CA 96161 – Phone 530-587-3896 – www.tdpud.org
FINANCE CORPORATION MEETING
4:00 p.m. (or soon thereafter)
Wednesday, December 16, 2020
TDPUD Board Room
AGENDA
As permitted by State of California Executive Order (EO) N-29-20, the meeting is accessible
for public observation via Tahoe Truckee Media (TTM) online at http://ttctv.org/live-
meeting/truckee-donner-public-utility-district/ or cable TV channel 18. Public comment will be
accepted via email at shannakuhlemier@tdpud.org and via Zoom in the question/answer
feature on any item on the agenda until the Board President closes public comment on the
item.
1. Call to order
2. Roll Call
3. Public Input – This is time set aside for the public to address the Board on any matter
not on the agenda. Testimony related to any agendized matter should be addressed
at the time that that item is considered.
(The public may comment on any subject that is not on the agenda. Each speaker will
be limited to three minutes, but speaker time may be reduced at the discretion of the
Board President if there are a large number of speakers on any given subject.)
BUSINESS ITEM(S)
4. Consideration of 2021 Election of Board Officers.
This item involves the nomination and election of a President and Vice President
for the next twelve months.
ADJOURNMENT
The agenda is available for review at the TDPUD administrative office and the District’s
internet website. Posted on Friday, December 11, 2020.
Shanna D. Kuhlemier, CMC, District Clerk
A copy of the agenda packet is available for public review, during normal business hours, at the
district administrative office located at 11570 Donner Pass Road. Public participation is encouraged.
The meeting location is accessible to people with disabilities. Every reasonable effort will be made to
accommodate participation of the disabled in all of the Districts public meetings. If particular
accommodations for the disabled are needed (i.e. disability-related aids, or other services), please
contact the District Clerk at (530) 582-3980 or ShannaKuhlemier@tdpud.org, at least 24 hours in
advance of the meeting.
Directors Joseph R. Aguera Jeff Bender
Kim Harris
Christa Finn
Tony Laliotis
Interim General Manager
Brian C. Wright
11570 Donner Pass Rd, Truckee, CA 96161 – Phone 530-587-3896 – www.tdpud.org
Any person with a disability may submit a request for reasonable modification or accommodation to the above-
described means for accessing and offering comment at the meeting to Shanna Kuhlemier, District Clerk, at
shannakuhlemier@tdpud.org who will swiftly resolve such request.
AGENDA ITEM # 4
Page 1 of 1
MEETING DATE: December 2, 2020
TO: Board of Directors
FROM: Shanna D. Kuhlemier, CMC, District Clerk
SUBJECT: Election of Board Officers
APPROVED BY_______________________________
Shanna D. Kuhlemier, CMC, District Clerk
RECOMMENDATION:
Elect a President and Vice President who are serving on the Truckee Donner Public Utility
District as officers for the TDPUD Financing Corporation.
DISCUSSION:
Each year, an annual meeting of the Truckee Donner Public Utility District Financing
Corporation convenes to conduct their business, which includes the election of new officers.
The last meeting was held on December 4, 2020. The elected/appointed officers were: Jeff
Bender, President and Christa Finn, Vice President.
Per the Finance Corporation By-Laws, officers shall be a President and Vice President shall
be chosen annually by the Board of Directors and each shall hold office until the officer’s
successor has been elected.
1.05.020 Objectives:
1. Responsibly serve the public
FISCAL IMPACT:
There is no direct fiscal impact associated with this item.
ATTACHMENTS:
None.