Loading...
HomeMy WebLinkAboutRES 2014-07 - Board • TRUCKEE DONNER ' Public Utility District Resolution No. 2014 - 07 ADOPTING AMENDMENTS TO THE DISTRICT CODE TITLES 2 THROUGH 7 WHEREAS, the Board of Directors of the Truckee Donner Public Utility District wishes to amend the District Code Titles 2 through 7; and WHEREAS, the District Code provides rules and regulations intended to convey a comprehensive description of the manner in which the District operates, handles its finances and performs its accounting; and WHEREAS, periodically, the District Code should be reviewed and updated to conform to District Board directives, new applicable laws and regulations and improvements; and WHEREAS, a workshop was held on April 16, 2014 for the Board and the public to review and comment on the proposed changes to Titles 2 through 7; and • WHEREAS, the revised version of Titles 2 through 7 will bring the District's policies up- to-date and will replace all preceding resolutions affecting such Titles. NOW THEREFORE, BE IT RESOLVED, that the Board of Directors does hereby adopt the amended District Code, Titles 1 through 8. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District in a meeting duly called and held within said District on the twenty first day of May, 2014 by the following roll call vote: AYES: Directors Aguera, Bender, Ellis, Hemig and Laliotis NOES: None ABSTAIN: None ABSENT: None TRUCKEE DONNER PUBLIC UTILITY DISTRICT By: Tony Laliotis, President of the Board ATTEST: • Michael D. Holley, Clerk of the Board • Attachment 1 PROPOSED CHANGES TO BYLAWS 2.02.020.8 The officers of the District shall be elected at-the-IRA-meeting-in December of each year for a one year term. It shall be the policy of the Board to attempt to give each Director the opportunity to serve as President and Vice President for one year during their four-year term. Notwithstanding the foregoing, an incumbent President or Vice President may be re-elected to that office. The officers serve at the pleasure of the Board and may be removed from office prior to the expiration of their one-year term. 2.04.050.1 A waten-notice of all meetings (agenda)shall be nt to each Director as far in advance of the meeting as possible, but, in any event, ' delivered so as to be received 72 hours in advance of the meeting. Notwithstanding the foregoing, and in accordance with Section 2.04.040 herein, notice for all special meetings shall be made at least 24 hours in advance of said meeting. Any Director may,at his discretion,file a signed waiver of such notice with the District. PROPOSED CHANGES TO DISTRICT CODE Delegations from the Board of Directors to the General Manager • I 2.40.010.6(E) Items will be reported to the Board by the Manager Manage Report-during regular Board meetings. Board Code of Conduct 2.56.050 Procedural Considerations The Board of Directors will review Board Code of Conduct, the Brown Act and other matters related to Board procedures periodically as part of continuing education. Procurements 3.08.020 Procedure for Purchase of Commodities or Equipment Under$15,000 3.08.020.3 Purchase orders for the purchase of commodities or equipment,with a value of ten thousand dollars ($10,000) or less, may be issued by the General Manager,any-Department Head,,erthe-authorized Buyer/Clerk,or Special Projects Administrator to any approved vendor after considering price,terms and delivery schedule. 3.08.020.4 Purchase orders for the purchase of commodities or equipment.with a value of five thousand dollars ($5.000)or less. may be issued by the Superintendents,System Engineers, Conservation Programs Administrator,or the Finance and Accounting Manager to any approved vendor after considering price.terms and delivery schedule. • • Attachment 1 3.08.020.43.08.020.5 Should overruns or change orders expect to exceed authority of the party issuing the purchase order,the next higher level of authority shall be notified for their approval to continue. 3.08.080 Change Orders The District cannot afford to maintain a large enough construction crew or all types of service related skills to be able to undertake all projects and services in-house. Therefore, it relies on contractors and service providers to perform work. These contractors and service providers perform work in accordance with plans and specifications and based on a fixed price contract. There are occasionally circumstances encountered after a contractor or service provider has begun work that requires a change in the plans and specifications or scope of work and result in a change in the contract price. These changes are generally matters that could not be anticipated nor planned during the design and specification phase of the project. The contract change order is the procedure whereby plans and specifications or scope of work and contract price can be changed after the contract is executed and work has commenced. The Board of Directors authorizes the execution of contract change orders uo to the General Manaaer's contract authorization or U)to the individual contract chanae order authorization Previously established by the Board. Most contract change orders are such that their consideration by the Board can wait for a regular Board meeting. However, under certain circumstances it is to the District's benefit to • permit the General Manager to authorize the Department Head to proceed with change order work or to request a special board meeting to consider the matter. Work can proceed on a contract change order prior to being reviewed by the Board of Directors under the following circumstances: Employee Benefits 4.07.020 Insurance Plans 4.07.020.1 Group Medical Insurance Plan: The District shall provide and pay the full premium for coverage of employees and their dependents. Part-time employees will receive a pro-rated contribution based on their percentage of full-time equivalency. Employees have a choice between two plans: (a) The NRECA Preferred Provider Organization (PPO) plan with a $400 individual/$1200 family deductible. (b)The NRECA High-Deductible Health Plan with a $1200 1.250 individual/$2400-2.500 family deductible.The District will make a contribution to the employee's Health Savings Account if this lower cost plan is selected. 4.07.030 Retirement Plan The District will provide and maintain membership in the California Public Employees Retirement System(CaIPERS).Employees hired by the District starting January 1,2013 or later will be determined by CalPERS to be a(1)Classic member and be enrolled in the 2.7%@ 55 Plan;or(2)PEPRA member and be enrolled in the 2.0(5 at 62 plan.; • Attachment 1 4.07.070 Holidays Following are the recognized paid holidays for all regular management employees: `——- Formatted Table New Year's Day January 1 Presidents Day third-Third Monday in February Memorial Day last-Last Monday in May Independence Day July 4 Labor Day AM-First Monday in September Veterans Day November 11 Thanksgiving Day fourth-Fourth Thursday in November Day after Thanksgiving fourth-Fourth Friday in November Christmas Eve December 24 Christmas Day December 25 Employee's Birthday Employee's Birthday The Christmas Eve holiday shall be observed on the work day immediately prior to the date of observing the Christmas Day holiday. The Employee's Birthday holiday shall be observed on a date chosen by the employee within a time period of five(5)days prior to or five(5)days subsequent to the employee's birth date. Holiday's falling on a Saturday or Sunday:When any of the allowed holidays fall on a Saturday, • the holiday will be observed on the preceding Friday.If a holiday falls on a Sunday,the following Monday will be observed. Eligibility:If an employee takes off any of the days observed by the District as a holiday and is absent without pay and/or authorization on the work day either immediately preceding or following such day observed by the District as a holiday,such employee will not receive holiday pay. Deposits 5.02.010.1 A deposit,equal to two times the highest monthly bill within the last 24 months,will be required of all customers before electric and/or water service is supplied. In cases where no billing history has been established, customers will be required to pay a minimum deposit . that is based upon customers with similar services. 5.02.010.1(8) Customers who utilize the ,District's automated payment program will be eligible for deposit waiver. If a non-sufficient funds event occurs, a deposit will be required and will be automatically added to the customer's bill 5.02.010.2 A deposit will be required of all new construction customers before electric and/or water service connections are scheduled.The minimum deposit will b by-the-District-as-set-forth-in-the-Missellaneaus-Fees-Uhedule. estimated based upon customers with similar services. New construction customers who have met the credit requirements in Section 5.02.010.4 below will not be required to pay a deposit. • • Attachment 1 5.02.010.6 Customers or their agents who request to have services reconnected for inspections (See Chapter 5.12.050.3) shall be required to pay a minimum deposit. Refer to—the Customers with balances owing shall also be required to pay the entire balance owing prior to reconnect 5.12.050.2 Customers or their agents may request reconnection of electric and/or water services for a maximum 48 hour period in order to conduct inspections on a residence/business for sale. This temporary reconnection shall require a minimum deposit as prescribed in Chapter 5.02. Reseanect-New Account fees as established in the Miscellaneous Fees Schedule shall also apply. Customers with balances owing shall also be required to pay the entire balance owing prior to reconnect. Billing Disputes and Complaints 5.16.010.1 A customer may request an investigation of their bill or request an extension of the payment period of a bill asserted to be beyond the means of the customer to pay in full during the normal period for payment. The request shall be reviewed by a manager of the District. Billing disputes exclude routine auestions about consumption or payment agreements. 5.40.010.1 Complaints will be lagged by the Customer Services Department. Formal billing disputes as defined in Section 5,16.010.1 will be loaned as a complaint, Information Available to the Public • 5,36.010.4 Formal Reauests of Public Records It is the District's policy to provide all members of the public access to its records and to promptly make the fullest possible disclosure of its records in accordance with the California Public Records Act."Public records"include any writing containing information relatina to the conduct of the public's business prepared.owned. used or retained by District regardless of the manner in which the record has been stored, Reauests to inspect or to obtain a copy of a public record should be made in writina to the District Clerk at Truckee Donner Public Utility District, 11570 Donner Pass Road.Truckee.CA 96161 and a form will be sent to the reauestor, The District has the discretion not to disclose records which do not Qualify for a specific exemption under the Public Records Act if it determines that the public interest served by not making the record public clearly outweiahs the public interest served by disclosure,pursuant to Government Code Section 6255, The District's determination to disclose a particular record. which may otherwise be exempt from disclosure, does not constitute a waiver with respect to any other records.The reauestor will be notified if a determination is made to deny access to records.and why it is denied. Requests will be processed in compliance with the Public Records Act California Government Code Section 6253.Upon a request for a copy or inspection of records.the District shall,within 10 days from receipt of the reauest,determine whether the request, in whole or in part.will be made available and shall promptly notify the reauestor of the determination and the reasons therefore,In certain circumstances,the time limit prescribed in this section may be extended by written notice to the person makina the request.setting forth the reasons for the extension and the date on which a determination is expected to be dispatched.The California Public Records • Attachment 1 Act provides that copies of records will be made available upon payment of fees that cover the direct costs of duplication,See the Miscellaneous Fee Schedules Files may be reviewed at Truckee Donner Public Utility District during normal business hours. Persons interested in reviewing or obtaining copies of public records are encouraged to make an appointment in advance.Persons with disabilities who reauire accommodation for obtaining access to District public records should notify the District of their accommodation needs in their written request. 5.37.020 Definition of Important Issues Important issues are those that involve changes in monthly water and electric user charges, changes in the Miscellaneous Fees Schedule, changes in connection fees, changes in facilities fees,and changes in regulations covering new and retrofit residential and commercial construction.Changes in monthly water and electric user charges, changes in the Miscellaneous Fees Schedule or changes in connection fees shall normally occur as part of the Board budget discussion prior to adoption of the annual-or semi- aanual—budget. Changes in facility fees shall normally occur as part of the five year Water/Electric Master Plan review or when the local General Plans are revised. Facility fee increases due to inflation, not resulting from District Master Plan or local General Plan review, shall be discussed as part of the Board budget sessions prior to adoption of the annual-budget. Other issues will arise from time to time that are difficult to enumerate in this policy statement.Such issues shall be considered as important issues falling under the purview of this policy based on a review by the General Manager of the circumstances involved and the • persons who may be impacted by adoption of the proposed action. Additionally, the Board of Directors may, by action at a board meeting, determine that an issue coming before it is an important issue falling under the purview of this policy. Abandonment or Relocation of Unused Easements 8.04.020.1 Form of Petition 5. Contain the name and mailing address, of each owner of record of the parcel on which the easement sits with proof of ownership; 8.04.20.5 Form of Abandonment or Relocation 3. Any abandonment or relocation of a public utility easement shall be accomplished by a in_abandonment of easement document executed by the General Manager and recorded with the County in which the parcel is located. • • • Attachment 1 Relabeling Appendices 5.20.050 Miscellaneous Service Fees Any customer requesting work for their sole convenience that is to be performed by the District,will be charged the actual cost of the service performed including material, labor, equipment, overhead, administrative costs and any appropriate facilities fees unless a flat fee has been established to provide the service (see oendix E-Electric Connection&Fee Schedule). 5.24.030.6 An energy surcharge shall continue to be added to each bill as required by California law. The above rates are set by ordinance approved by the Board of Directors and can be found in Appendix AA - Electric Retail Rates & Solar Initiative Customer Charme. Residential-a►ad Commercial- 5.28.020 Miscellaneous Service Fees Any customer requesting work for their sole convenience to be performed by the District, will be charged the actual cost of the service performed, including material, labor, equipment, overhead, administrative costs and any appropriate facilities fees unless a flat fee has been established to provide the service (see ooendix H-Water Connection&Fee Schedule). 5.32.020 Commercial Water Rates Commercial Water Rates for all other multiple dwelling units,trailer parks, public use, dedicated irrigation, single family properties with meters greater than 1"in size and other commercial establishments shall consist of three components, a base . charge,a commodity charge and a pump zone charge. These water rates are set by ordinance approved by the Board of Directors and can be found in Appendix A4.-Water Rates. 7.64.020.3(C) At the end of each 12-month period, where the electricity supplied during the period by the District exceeds the electricity generated by the customer-generator during that same period,the customer-generator is a net electricity consumer and the District shall be owed compensation for the customer-generator's net kilowatt-hour consumption over that same period.The compensation owed for the customer-generator shall be calculated as follows: The net balance of moneys owed to the District shall be paid in accordance with the normal billing cycle. If the customer-generator is a net producer over a normal billing cycle, any excess kilowatt-hours generated during the billing cycle shall be carried over to the following billing period as kilowatt-hour credits according to the procedures set forth in this section, and appear as a credit on the customer-generator's account. This credit may be utilized in the following billing cycle if the customer is a net consumer during that cycle. If the customer is a net generator at the end of each 12-month period, then (3) of schedule D-NM: Domestic-Net Metering in Appendix A-D shall apply. •