HomeMy WebLinkAboutAgenda Truckee Donner Public Utility District
card ct Directors
.r Joseph R.Aguera
Np �.
J. Ronald � Mlg
Business Office (916) 5 7-3 96 FAX(91 )587-5056 Robert k Joner,
James A. Maass
Pati�ia 3, Sutton
REGULAR WORKSHOP MEETING genera!
7.00 PM, Wednesday, December 4, 1996 Peter'- Hol=neister
TDPUD Board Room
AGENDA
1. Call to order
2. Roll call
3. Public Input - 7:00 PM(or as soon thereafter as possible)Any member of the audience desiring to address the Board
regarding a matter on the agenda is welcome to do so. Matters not specifically listed on the agenda may be brought up under
public input.
4. Administration of the oath of office to Directors
5. Election of Board officers
PUBLIC HEARINGS
6. 7:15 PM-Consideration of an ordinance amending the District's conflict of interest code
7. 7:30 PM-Consideration of a 1997 budget and water rate ordinance
ACTION ITEMS
S. Consideration of a resolution adopting the 1997 budget, budget overheads and budget
carryovers from 1996
9. Consideration of an ordinance amending the conflict of interest code
10. Consideration of a resolution dispensing with bidding and authorizing the purchase of a loader
11. Consideration of a contract change order extending time to complete the Glenshire Drive well
12. Consideration of a resolution relating to amending the ICMA 457 deferred compensation plan
13. Discussion of the CMUA annual conference; possible action
ROUTINE BUSINESS
14. Consideration of minutes of November 12 and 20, 1996
15, Monthly treasurer's report.
a. Approval of disbursements
b. Acceptance and approval of monthly report
ADJOURNMENT
NOTE: The complete packet of material relating to the agenda is available for review at
the IUD office and at the Truckee Library
Post Office Box 309 11570 Donner Pass Road Truckee, California 96160
REGULAR MEETING
December 4, 1996
In accordance with District Code Section 2.0&030 the TDPUD minutes are action on1
minutes. All Board meetings are recorded on audio,tapes which are preserved perpetuall,
and made available for fisteninc
1 to any interested part.y Won their request.
The regular meeting of the Board of Directors of the Truckee Donner Pubic Utility District was
called to order at 7:03 PM in the TDPUD Board Room by President Hemig.
ROLL CALL: Directors Joe Aguera, Ron Hemig, Bob Jones, James Maass and Patricia Sutton
were present.
EMPLOYEES PRESENT-Mary Chapman, Steve Hollabaugh, Peter Holzmeister, Kathy Neus, Boll
Quinn and Scott Terrell were present.
CONSULTANTS PRESENT. Engineering Consultant Keith Sauers;Attorney Steve Gross.
OTHERS PRESENT. Fran Jones.
PUBLIC INPUT
There was no public input.
ADMINISTRATION OF THE OATH OF OFFICE TO DIRECTORS
Since there were no other nominees for the TDPUD Board other than the incumbents, the Nevada
and Placer County Supervisors appointed the candidates in lieu of an election.
The oath of office was administered to Robert A. Jones, Joseph R. Aguera and James A. Maass
by the Secretary.
ELECTION OF BOARD OFFICERS
Ron Hemig was nominated for President and thereafter nominations were closed. SO MOVED by
acclamation.
Joe Aguera was nominated for Vice President and thereafter nominations were closed. SO MOVED
by acclamation.
CONSIDERATION OF AN ORDINANCE AMENDING THE DISTRICT'S CONFLICT OF
INTEREST CODE
The public hearing to consider amendment of the District's conflict of interest code was opened at
7:15 PM.
The TDPUD is required to perform a biennial review of the code and make changes that are
necessary to keep it current with changes in state law. Code changes were drafted and submitted
to the effected persons; notice was published in the Sierra Sun.
12i4196 Page 1
The Directors discussed the proposed amendments and various questions were answered. There
was no public comment and the hearing was closed_
Motion was made and duly seconded that the Board adopt Resolution No. 9633 amending the
District's conflict of interest code. ROLL CALL: Sutton, no; all other Directors, aye. SO RESOLVED.
CONSIDERATION OF A 1997 BUDGET AND WATER RATE ORDINANCE
The public hearing to consider a 1997 budget and water rate ordinance was opened. The Manager
gave an overview of the proposed budget, reviewed the major budget items and current and
proposed water rates. There was no public comment and the hearing was closed.
Consideration of the water rate ordinance will be placed on the next meeting agenda for action.
CONSIDERATION OFA RESOLUTION ADOPTING THE 1997 BUDGET, BUDGET OVERHEADS
AND BUDGET CARRYOVERS FROM 1996
Motion was made and seconded that the Board adopt Resolution No. 9634 adopting the 1997
budget, budget overheads and carryovers from 1996. ROLL CALL: all Directors, aye. SO
RESOLVED.
CONSIDERATION OFA RESOLUTION DISPENSING WITH BIDDING AND AUTHORIZING THE
PURCHASE OF A LOADER
Staff was not ready to discuss this item so it was tabled to the next meeting.
CONSIDERATION OF A CONTRACT CHANGE ORDER EXTENDING TIME TO COMPLETE THE
GLENSHIRE DRIVE WELL
This contract change order submitted by RDC, Inc. will grant a 26 day time extension (due to
delays caused by delivery of mechanical equipment by the supplier) and will allow ductile iron pipe
and fitting to be substituted for welded steel pipe and fitting within the station resulting in a $1,300
credit to the District.
Motion was made and seconded that the Board approve Contract Change Order No. 2 submitted
by RDC, Inc. on the Glenshire Drive well project for a time extension of 26 days and a net decrease
of$1,300. ROLL CALL: all Directors, aye. SO MOVED.
CONSIDERATION OFA RESOLUTION RELATING TO AMENDING THE ICMA 457 DEFERRED
COMPENSATION PLAN
Congress has amended the basic law establishing the 457 deferred compensation plan. The new
amendments make four changes and impose no additional cost to the PUD.
(1) The financial asset held by the District for the retirement benefit of the employees
is protected from claims of creditors of the District.
(2) The legal limit on annual contributions for any one plan participant, which is
currently$7,500, is indexed to increase by the consumer price index.
12/4/96 Page 2
(3) Retirement benefits can be taken in a stream of payments that take into account
changes in the cost of living. in other words a retiring participant can elect to take
lower payments in the beginning and have the payments increase each year as the
cost of living increases.
(4) The new law provides for participants to take loans against their retirement account
if the employer agrees to implement the loan provision and to set up specific loan
guidelines.
After consideration, motion was made and seconded to adopt Resolution No. 9635 amending the
District's deferred compensation plan with the exclusion of the provision that loans will be
permitted. The loan provision will be considered at a future meeting when more information is
available. ROLL CALL: all Directors, aye. SO RESOLVED.
DISCUSSION OF THE CMUA ANNUAL CONFERENCE; POSSIBLE ACTION
The California Municipal Utilities Association is holding its annual conference in Napa January 28
through 31, 1997. The programs feature discussions of electric restructuring, what large customers
want, partnering with unions and the future in California.
By unanimous decision, the Manager was authorized to attend and all Directors were encouraged
to participate if at all possible.
CONSIDERATION OF MINUTES OF NOVEMBER 12 AND 20, 1996
By motion made and duly seconder, the Board moved to approve the minutes of November 12 and
20, 1996 as presented. ROLL CALL: all Directors, aye. SO MOVED.
MONTHLY TREASURER'S REPORT-APPROVAL OF DISBURSEMENTS-ACCEPTANCE AND
APPROVAL OF MONTHLY REPORT
Motion was made and seconded to approve the disbursements. ROLL CALL: Sutton, no; all other
Directors, aye. SO MOVED.
Motion was made and seconded to accept and approve the monthly Treasurer's report. ROLL
CALL: all Directors, aye. SO MOVED.
ADJOURNMENT
There being no further business before the Board, the meeting was adjourned at approximately
8:30 PM.
TRUCKEE DO R PUBLIC PT LITY DISTRICT
R n Hemi , Pres►d , t
Prepared
Susan M. Craig, Deputy District Clerk
smc
12l4196 Page 3
' V V 963
�F T
�I'7d�/..END1 G W I S f RI �3� O FL1 V T Of f�FTERES
T COD
WHEREAS, the Truckee Donner Public Utility District has had, for a number of years, a conflict of
interest code which it adopted as required by the Political Reform Act of 9974, Government Code
Section 81000, et. Seq.; and
WHEREAS, the District recently reorganized its internal structure, abolishing some positions and
creating some new positions; and
WHEREAS, the result of these changes to the District's organization requires the District to amend
its conflict of interest code; and
WHEREAS, portion of the District's conflict of interest code includes a list of directors, officers,
employees and consultants who must disclose certain financial interests and a list of those interests
that must be disclosed; and
WHEREAS, the financial interests in real property, business interests and positions and sources
of income which must be disclosed remain the same as in the current conflict of interest code; and
WHEREAS, the District has prepared a written explanation of the reasons for the designations and
disclosure responsibilities and has available at its offices all the information upon which the
proposed amendments to the conflict of interest code are based, and
WHEREAS, copies of the proposed amendments to the conflict of interest code have been made
available to interested persons and written comments concerning the proposed amendments have
been solicited; and
WHEREAS, a public hearing to receive comments before the District adopts the proposed
amendments to the conflict of interest code was held on December 4, 1996,
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the District that the amended
conflict of interest code attached to this resolution is hereby adopted.
PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the
District on the fourth day of December 1996 by the following roll call vote:
AYES: Aguera, Jones, Maass and Nemig.
NOES: Sutton.
ABSENT None.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
By 12�? �0—;4L
Peter L. Holz ister, Jerk of the Board
ATTEST• i/ .
us dM. Craig, Deputy District C!
CHAPTER 2.52
CONFLICT OF INTEREST
Sections:
2.52.005 Financial Interests of Employees
2.52.010 District's Conflict of Interest Cade
2.52.005 Financial Interests of_Employees- It is the policy of the Board that no employee of the
District shall have any financial interest in any activity outside the Truckee Donner Public Utility
District which does business for profit with the Truckee Donner Public Utility District. (Resolution
8222 adopted in 1982)
2.51010 District's Conflict of Interest Code - The Political Reform Act requires state and local
government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices
Commission has adopted a regulation which contains the terms of a standard conflict of interest code.
After public notice and hearing it may be amended by the Fair Political Practices Commission to
conform to amendments in the Political Reform Act.
The terms oft California Code of Regulations Section 18730 and any amendments to it duly adopted
by the Fair Political Practices Commission are hereby adopted and incorporated by reference. This
. regulation and Section 2,52.010.3 designating officials and employees and establishing disclosure
categories shall constitute the Conflict of Interest Code for the District.
2.52.010.1 Place of Fifigg - Designated employees shall file their statements with the Truckee
Donner Public Utility District, who will make the statements available for public inspection and
reproduction(Gov. Code §81008), Statements for all designated employees will be retained by the.
TDPUD.
2.52.010.2 Investments and business positions in any business and sources of income listed in
Column II are disclosable if:
2.52.010.2(A) The business entity in which the investment or business position is held or the source
of income is of the type which within the last two years has contracted with the District; or
2.52.010.2(B) The business entity in which the investment or business position is held or the source
of income is of the type which within the last two years has contracted to furnish supplies or services
as subcontractors in any contract with the District.
2.52.010.3 Interests in real property are disclosable by a designated employee if listed in Column II
on the line applicable to his or her position.
2. 2,41 ctal e P bl� motc rc ed
infor 82(l �Ii makef prttate in mzig a X may aternp t ease lugi"
Fagg
ilc tcz i� rceSta rh�c crz s kz ason tea
tertorre nth tie 51tt; eornt t Pb cc�a
mange public t ene t shall a star; n c� ecc� €sr r est dt as ti er
fnnr aardan vrth the Pttcalefortn Act Ttaaxetend that the
s Iic t t w to page p lxe mves� nt d rrvi I #� &;st tezttent ec900Q t lza -e
rIt tot vd ectc 872� .... r >.. era ? r, st
T` ur 4te
TYPE OF BUSINESS ENTITY,
DESIGNATED POSITION INVESTMENT OR SOURCE OF INCOME,
OR REAL PROPERTY DISCLOSURE
Support Services Manager, Executive Secretary, 1. Motor vehicles and specialty
Electric Superintendent, Water Superintendent, vehicles and parts therefor.
Brayrl14 , 2. Construction and building
Electric Engineer materials.
3. Petroleum products.
4. Pipes, valves, fittings, pumps,
meters,etc.
5. Transformers, poles, towers,wire,
:F
6. Office supplies and equipment.
7. Construction and building
materials.
S. Water quality testing.
9. Engineering services.
l o_ Legal and collection services.
1 1. Real property.
12. Newspapers.
13. Computer hardware and software.
14. Printing or reproduction.
15. Safety equipment and instruction
material,
16, Educational and medical services
and material.
CONTINUED
i
Page 2
TYPE OF BUSINESS ENTITY,INVESTMENT
DESIGNATED POSITION OR SOURCE OF INCOME, OR REAL
PROPERTY DISCLOSURE
Planning Director 1. Motor vehicles and specialty
vehicles and parts therefor.
2. Construction and building
materials.
3-< Petrolemn products.
4 . Pipes, valves, fittings, pumps,
meters,etc.
54. Transformers,poles, towers,xvire,
meters,cable,conduit,etc.
65' Office supplies and equipment.
Inatc,ials.
S. Watrr quality
9 . Engineering services.
+071 Legal and collection services.
8> Real property.
+2 Newspapers.
+31>1} Computer hardware and software.
+411 Printing or reproduction.
+512, Safety equipment and instruction
material.
+6:1 ` Educational and medical services
and material.
CONTINUED
Page 3
Administration Services Manager
L Motor vehicles and specialty
vehicles and parts therefor.
2. Construction and building
materials.
3. Petroleum products.
4. Pipes, valves, fittings, pumps,
meters,etc.
5. Transformers,poles,towers,vrrire,
meters,cable,conduit,etc.
6. Office supplies and equipment.
7. Construction and building
materials.
8. Water quality testing.
9. Engineering services.
10. Legal and collection services.
11. Real property.
12. Newspapers.
13. Computer hardware and software.
14. Printing or reproduction.
15. Safety equipment and instruction
material.
16. Educational and medical services
and material.
17. Insurance companies
Engineering consultants; architectural consultants 1. Real property.
2. Pipes, valves, fittings, pumps,
tanks,meters,etc.
3. Construction and building
materials.
Financial consultants; bond counsel 1. Real property.
2. Banks and savings and loans.
3. Retirement of bond 2rocceding.
Public relations contractors 1. Publications.
2. Printing and distribution.
Page 4
Auditor;2fhernb sx#' t€.consultahf 1. All of the above.
DhTxtws> >
2. Audit agreements and contracts.
*Consultants shall be included in the list of designated employees and shall disclose pursuant
to the broadest disclosure category in the code subject to the following limitation:
The General Manager may determine in writing that a particular consultant, although a
"d-si hated position," is hired to perform a range of duties that is limited in scope and tl-is is not
required to fully comply with the disclosure requirements in this section. The General Manager shall
make a determination as to what disclosure, if any, is required by any particular consultant and when
all persons who make or who participate in making decisions for the firm shall be required to make
disclosures. Such written determination shall include a description of the consultant's duties and,
based upon that description, a statement of the extent of disclosure requirements. The General
Manager's determination is a public record and shall be retained for public inspection in the same
manner and location as this conflict of interest code.
(Ord. 8009, 8703, 3302r; E.es, 831 1 - ai;)roved by FPPC on August 3, 1990; effective 9/12/90;
amended by Resolution No. 9242; amended on 12/7/92; amended on 9/20/93 by MO93-194)
Page 5
� � . :.96
OP THE
T U �CEE f ONNER P 1'B :IG ' . 'Y 1 5 'R ' `
DOP7MG..,Thf 997 BUDGET; BUDGET OVERHEADS
CARRYOVERS FROM
WHEREAS, each year the District's staff prepares operating and capital improvement budgets for
the electric and water departments for the next fiscal year; and
WHEREAS, upon receipt of the draft budget, the Board of Directors reviews the proposed
operating and capital improvement plans and provides comments and recommendations; and
WHEREAS, prior to the adoption of the annual budget, staff reviews the major cost items and
capital improvement projects at a budget workshop with the Board; and
WHEREAS, also prior to adoption of the budget, the Board of Directors holds a public hearing to
provide an opportunity for the public to ask questions and make comments, and
WHEREAS, incorporated within the budget are various overhead rates that will be used during the
budget year, and
WHEREAS, the overhead rates will be applied to various operating functions and capital
improvement projects to determine the total costs of performing such work; and
WHEREAS, during 1996, purchases of various budgeted equipment will not be complete by
December 31, 1996, and staff has requested that the funding for the completion of these budget
items be carried forward to 1997;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public
Utility District as follows:
1. That the draft budget, as amended, be adopted as the operating and capital
improvement project plans for 1997.
2. That the overhead percentages shown in the draft budget be adopted for
use in 1997 as follows -
Labor overhead 52.00%
Vehicle overhead 35.56%
Inventory overhead 30.13%
Administrative overhead 1.89%
Construction overhead 28.91%
3. That the funding for the following list of 1996 budgeted projects/equipment
be carried forward for expenditure in 1997-
Cost Center 3-Administrative Services
Cash receipts optical scanner $35,000
Radio board for telephone system 1,500
TOTAL 1996 BUDGET FUNDING CARRYOVER $36,500
PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the
District on the fourth day of December 1996 by the following roll call vote:
AYES: Aguera, Jones, Maass, Sutton and Hemig.
NOES: None.
ABSENT. None.
TRUCKEE DONNER PUB IC UTILITY DISTRICT
By
Peter L. Hai eis er, C erk of the Board
ATTE
usan M. Craig, Deputy District rk
smc
............ ..
OF SHE
GTHEDEFERRED
WHEREAS, the Truckee Donner Public utility District has employees rendering valuable services;
and
WHEREAS, the District has established a deferred compensation plan for such employees that
serves the interest of the District by enabling it to provide reasonable retirement security for its
employees, by providing increased flexibility in its personnel management system and by assisting
in the attraction and retention of competent personnel; and
WHEREAS, the District has determined that the continuance of the deferred compensation plan
will serve these objectives; and
WHEREAS, amendments to the Internal Revenue Code have been enacted that require changes
to the structure of and allow enhancements of the benefits of the deferred compensation plan,
NOW THEREFORE BE IT RESOLVED by the Board of Directors that the District hereby amends
and restates the deferred compensation plan in the form of the 1CMA Retirement Corporation
Deferred Compensation Plan and Trust.
BE IT FURTHER RESOLVED that the assets of the plan shall be held in trust, with the District
serving as trustee, for the exclusive benefit of the plan participants and their beneficiaries, and the
assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of plan assets
held in the ICMA Retirement Trust shall be held for the further exclusive benefit of the plan
participants and their beneficiaries;
BE IT FURTHER RESOLVED that the plan will not permit loans.
BE 1 T FURTHER RESOL VED that the District hereby agrees to serve as trustee under the plan.
PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the
District on the fourth day of December 1996 by the following roll call vote:
AYES: Aguera, Jones, Maass, Sutton and Hemig.
NOES: None.
ABSENT: None.
TRUCKEE DONNER PUB IC UTILITY DISTRICT
By
Peter L. Hoffilheister, Cl irk of the Board
ATIES
sari M. Craig, .Deputy Disirgi Clerk
ATTACHMENT D: SUGGESTED AFFIRMATIVE STATEMENT A
FOR AMENDING A DEFERRED COMPENSATION PLAN
Name of Employer: .77 �,-v State: _ {�� ..........._
T Employer Plan Number
As a duly authorized agent of the above named Employer, I herebv
ANAEN�D/and restate the Employer's deferred compensation plan ;,Ihe "Plan") in the form of: (Select one)
The ICMA Retirement Corporation Deferred Compensation Plan and Trust
The Plan and Trust provided by the Employer (executed copy attached hereto).
SPECIFY that the assets of the Plan shall be held in trust, with the Employer serving; as trustee, for the exclusive
benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose.
The Employer's beneficial ownership of Plan assets held in the KNIA Retirement Trust shall be held for the further
exclusive benefit of the Plan participants and their beneficiaries,
STIPULATE that the Plan: ;Select one)
Will permit loans
�i
_711will not permit loans
AND AFFIRNI that the Employer hereby agrees to serve as trustee under the Plan.
° DATE:
o ,_Title of DesignatedAgent)
ti
lSignature7
CL
C7
Mail in the enclosed postage-paid envelope or to:
- ICNIA Rctircmc:nr Corporation • Aacnrion: Implc nicnmrion An.lIvst
%77 Norrh Capitol 5trcet NE • W.idiington, DC' 2000'-4240