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HomeMy WebLinkAboutAgenda Truckee Donner Public Utility District Post Office Box 309 • 11570 Donner Pass Road * Truckee, California 95734 (916) 587-3895 General Manager Board of Directors Peter L. Holzrrieieter Joseph R. Aguera John L.Corbett Richard K.Curran REGULAR MEETING James A. Maass 7:Qd P.m. - JUNE 17, 1991 Patricia S.Sutton TDPUD BOARD ROOM 1. Call to order 2 . Roll call 3 . Public input (7 : 25 PM or as soon thereafter as possible) UNFINISHED BUSINESS 4 . West River Street Assessment District status report; possible direction NEW BUSINESS 5 . Consideration of Kendall development agreement 6. Consideration of acquiring Gateway tank site 7 . Consideration of authorizing quitclaim to Purple Sage Properties S . Consideration of procedure for making District documents available to the public 9 . Consideration of employee manual ; possible direction 10. Consideration of lease/purchase agreement for vehicles 11. Consideration of resolution nominating LAFCo representative 12 . Consideration of resolution amending 1986 trust agreement 13 . Consideration of resolution implementing and fixing electric and water standby charges for the fiscal year 1991-92 14 . Consideration of resolution fixing and placing electric and water standby charges on District tax roll for collection by the Counties of Placer and Nevada ROUTINE BUSINESS 15. Direction regarding minutes of May 20, 1991 16. Correspondence regarding timber sale 17. Bills for approval 18. Staff report CLOSED SESSION RETURN TO PUBLIC SESSION ADJOURNMENT Poste nd mail 6/13 S an M. Craig Deputy District Clerk TRUCKEE DONNER PUBLIC UTILITY DISTRICT BILLS FOR BOARD APPROVAL - JUNE 17, 1991 TOTAL ELECTRIC WATER DESCRIPTION -----------------------------------------------.._----___________________-_.---------- ---------------- MBNA AMERICA - JOHN L. CORBET`I' 25.00 17.50 7.50 ANNUAL FEE FOR BUSINESS CARD. MBNA AMERICA - PETER L. HOLLMEISTER 1,277.U4 31.50 1.,246.34 ANNUAL FEE (25.00) BUSINESS CARD FEE (20.00) EXPENSES RELATED TO TIME BOND SIGNING (1,232.84) . MBNA AMERICA -- JAMES A. MAASS 25.00 17.50 7.50 ANNUAL FEE FOR BUSINESS CARD. NORTHERN CALIFORNIA POWER AGENCY 605.18 605.18 MEMBER SERVICE AGREEMENT - SHARE OF COSTS INCURRED ,BY NCPA FOR NATURAL GAS PROCUREMENT INVESTIGATION STUDIES PREPARED BY HENWOOD ENERGY SERVICES. SEA, INCORPORATED 31,623.50 31,623.50 TESTS FOR PIPELINE REPLACEMENT IN TAHOE DONNER ( 12,277.60) DESIGN OF PIPELINE REPLACEMENT IN TAHOE DONNER (19,345.90) . ------------------------------------ 33,556.52 671.68 32,S84.S4 V RESOLUTION NO. 9119 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT APPROVING EXECUTION OF MUNICIPAL LEASE AND OPTION AGREEMENT WITH LASALLE NATIONAL BANK WHEREAS, the District has previously determined that there is a need for a new fine truck and a new utility truck, and the District has, after competitive bidding, awarded contracts for the purchase of such vehicles; and WHEREAS, the District has determined that it is advantageous to finance the purchase of such vehicles through entry into a Municipal Lease and Option Agreement with LaSalle National Bank. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District that the terms of the Municipal Lease and Option Agreement, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, are in the best interests of the District for the acquisition of the vehicles, and the General Manager of the District is hereby designated and confirmed as the appropriate person to execute and deliver the Municipal Lease and Option Agreement and any related documents necessary to the consummation of the transactions contemplated by the Municipal Lease and Option Agreement. PASSED AND ADOPTED at a regular meeting of the Board of Directors of the Truckee Donner Public Utility District duly called and held in said District on the 17th day of June, 1991 by the following roll call: AYES: Aguera, Corbett, Curran, Maass, Sutton NOES: None ABSENT: None TRUCKEE DONNER PUBLIC UTILITY DISTRICT Jos` ph R. Ague, , President Attest: Susan M. Craig, Deputy Distri Clerk . Attachment. Exhibit A 1 i RESOLUTION NO. 9I20 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT MAKING A NOMINATION FOR THE SPECIAL. DISTRICT VACANCY ON NEVADA COUNTY LOCAL AGENCY FORMATION COMMISSION WHEREAS, the Board of Directors of the Truckee Donner Public Utility District has received notice of request for nominations for the special distract positions on the Nevada County LAFCo, pursuant to Section 56332 of the Government Code; and WHEREAS, the Board of Directors of the Truckee Donner Public Utility District desires to nominate an individual to serve on Nevada County LAFCo for the remainder of the term of office of Special. District Representative #1; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: That Joseph R. Aguera be nominated for the remaining two year term of Special District Representative r1 on Nevada County Local. Agency Formation Commission. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the 17th day of June 1931 by the following roll call vote: AYES: Corbett, Curran, Maass, Sutton and Aguera. NOES: None. ABSENT: None. TR EE UONNER PU C UTILITY DISTRICT �f By o ep R. Aguer President ATTEST: ,' Susan M. Craig, Deputy Distri Clerk smc I hereby accept the nomination for the remaining two year term of Special. District Representative W1 on Nevada County Local Agency Formation Commission. Da a J --r S ' n to e RESOLUTION NO. 2121 RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST SUPPLEMENTAL TRUST AGREEMENT; AND CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, the Truckee Donner Public Utility District (the "District" ) , a public utility district duly organized and existing under and pursuant to the Constitution and laws of the State of California (the "State" ) , including the Public Utility District Act , Section 15501 et sea . of the Public Utilities Code of the State, is authorized under provisions of the Constitution and laws of the State, including without limitation, Section 16431 of the Public Utilities Code to lease certain equipment and facilities as the District may determine is necessary or proper; and WHEREAS, the District adopted Ordinance No . 8604 , dated July 21, 1986, to authorize the execution of the Certificates of Participation (the "Certificates" ) , as described in a trust agreement , dated August 1, 1986 (the "Trust Agreement" ) , by and among the District , the Truckee Donner Public Utility District Financing Corporation (the "Corporation" ) and Bank of America National Trust and Savings Association (the "Trustee" ) , in an aggregate principal amount of $3 , 050, 000; and WHEREAS, the District has financed the construction of an office building/warehouse/garage at 11570 Donner Pass Road, in part through causing the execution and delivery of the Certificates; and WHEREAS, a first supplemental trust agreement, dated as of February 1 , 1991, by and among the District , the Corporation and the Trustee (the "First Supplemental Trust Agreement" ) , is desired to amend and supplement the Trust Agreement, the form of which has been presented to this Board of Directors at the meeting, during which this Resolution has been adopted, pursuant to which the Trust Agreement will be .amended and supplemented to provide for any unclaimed funds , which are subject to the State unclaimed property law, to be returned to the District as described in the attached form of the First Supplemental Trust Agreement; and WHEREAS, in the judgment of this Board of Directors , it is for the best interest of the District to enter into the First Supplemental Trust Agreement; and 1 NUMATTER/772 Y WHEREAS, a majority of the Board of Directors of the District constituting a quorum for the transaction of business , is present , as required by Section 16071 of the Public Utilities Code; WHEREAS, all acts , conditions and things required by the Constitution and laws of the State to exist, to have happened and to have been performed precedent to and in connection with the authorization to enter into the First Supplemental Trust Agreement hereby do exist , have happened and have been performed in regular and due time, form and manner as required by law; and WHEREAS, there has been prepared and is now before this meeting a proposed form of First Supplemental Trust Agreement to amend and supplement the Trust agreement to accomplish the purposes described therein, and such First Supplemental Trust Agreement has been filed with an officer of the District . NOW, THEREFORE, BE IT ENACTED BY THE BOARD OF DIRECTORS OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT; Section 1 . Findings . The District hereby specifically finds and declares that the actions authorized hereby constitute and are with respect to public affairs of the District and that the statements , findings and determinations of the District set forth in the preambles of the document approved hereon are true and correct . Section 2 . First. Sup lemental Trust Agreement . The form of First Supplemental Trust Agreement dated as of February 1, 1991, by and among the District, the Corporation and the Trustee, presented to this meeting and on filed with the Clerk of the District, is hereby approved. In accordance with Section 16033 of the Public Utilities Code, the President of the Board is hereby authorized and directed, for and in the name and on behalf of the Distract , to sign and in accordance with Section 16115 of the Public Utilities Code the Clerk is hereby authorized to countersign and both said President and said Clerk are hereby authorized and directed to deliver to the Corporation said First Supplemental Trust Agreement in substantially said form, with such changes therein as such President may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof . Section 3 . ©ther Actions . The President of the Board and the Clerk of the District are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary 2 NUMATTER/772 or advisable in order to carry out, give effect to and comply With the terms and intent of this Resolution. Such actions heretofore taken by such officers are hereby ratified, confirmed and approved. Section 4 . Effect . This Resolution shall take effect from and after its date of adoption . PASSED AND ADOPTED this 17th day of .Tune , 1991 by the following majority vote of the Board, as required by Section 16072 of the Public Utilities Code : AYES: Corbett, Curran, Maass, Sutton and Aguera. NOTES: None. ABSENT: None. TRUCKEE DONNER PUBLIC UTILITY DISTAICT fi Pres .� en ` of the Bow of Directors ATTEST: — District Clerk 3 NUMATTER/772 Brown & Wood Draft of 1/16/91 FIRST SUPPLEMENTAL TRUST AGREEMENT Dated as of February 1, 1991 by and among .MNK OF AMERICA i�ATIONAL TRUST AND SAVINGS ASSOCIATION, as Trustee and TRUCKEE DONNER PUBLIC UTILITY DISTRICT FINANCING CORPORATION, as Lessor and TRUCKEE DONNER PUBLIC UTILITY DISTRICT, as Lessee i FIRST SUPPLEMENTAL TRUST AGREEMENT THIS FIRST SUPPLEMENTAL TRUST AGREEMENT, dated as of February 1 , 1991 , by and among BANK OF A1ERICA NATIONAL, TRUST AND SAVINGS ASSOCIATION, a national banking association duly organized under the laws of the United States , as trustee (the "Trustee" ) , the TRUCKEE DONNER PUBLIC UTILITY DISTRICT FINANCING CORPORATION, a non--profit public benefit corporation duly organized and existing under the laws of the State of California (the "State" ) , including, without limitation, Section 5110 et sea . of the Corporations Code of the State, as lessor under the Lease ( as defined herein) (the "Lessor" ) and the TRUCKEE DONI ER PUBLIC UTILITY DISTRICT, a public utility district duly organized and existing under the Constitution and laws of said State, including , without limitation Section 15500 et seer . of the .Public Utilities Code of the State, as lessee under said Lease (the "Lessee" ) (this document hereinafter referred to as the "First Supplemental Trust Agreement" ) . I T N E S S E T H WHEREAS, the Lessee and the Lessor have entered into a lease/purchase agreement , dated as of August 1, 1986 (the "Lease" ) , whereby the Lessor has agreed to Construct , as defined in a trust agreement , dated as of August 1, 1986 (the . "Trust Agreement" ) , by and among the Trustee, the Lessor and the Lessee, certain administrative offices/warehouse/garage facilities (the "Project" ) , and to lease the Project to the Lessee and Lessee has agreed to lease the Project from the Lessor ; and WHEREAS, to finance the acquisition and the construction of the Project , the District and the Corporation have adopted ordinance No. 8604 and Resolution No . 1, respectively, and authorized the execution of the Certificates of Participation (the "Certificates" ) , as described in the Trust Agreement , in an aggregate principal amount of $3 , 050, 000; and WHEREAS, pursuant to the Trust Agreement , the Lessee and the Lessor have caused the Trustee to execute and deliver the Certificates, each evidencing the proportionate interests in the Lease Payments and Prepayments made by the Lessee under the Lease, to provide the moneys required to be deposited in the Trust Agreement ; and WHEREAS, the State of California unclaimed property law has been revised to state that, effective June 30 , 1990 and thereafter, unclaimed fiduciary funds escheat to the State after three years, notwithstanding the terms of the governing document; and 1 NUMA7TER/774 WHEREAS, the Lessee desires to enter into this First Supplemental Trust Agreement to supplement, modify and amend the Trust Agreement to provide for such unclaimed :Funds to be returned to the District , as described herein . NOW, THEREFORE, the Lessee, the Lessor and the Trustee, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby execute and deliver this First Supplemental Trust Agreement to supplement , modify and amend the Trust Agreement as follows : -ecticn 1. De finiti ns . Except as otherwise defined herein and unless the context clearly requires otherwise, each capitalized word or phrase appearing herein that is defined in the Trust Agreement , as amended hereby, shall have the same meaning in this First Supplemental Trust Agreement . section 2 . Addition of Section 14 . 12 entitled "Unclaimed honeys" . Article XTV of the Trust Agreement is hereby supplemented and Section 14 . 12 is added to read as follows : "Anything contained in the Trust Agreement to the contrary notwithstanding, any moneys held by the Trustee in trust for the payment and discharge of the interest or principal or Prepayment Price represented by any of the Certificates which remain unclaimed for two years after the date of deposit of such moneys if deposited with the Trustee after the date when the interest and principal. or Prepayment Price represented by such Certificates have become payable, shall at the written request of the Lessee be repaid by the Trustee to the Lessee as its absolute property free from trust , and the Trustee shall thereupon be released and discharged with respect thereto and the Owners shall look only to the Lessee for the payment of the interest and principal or Prepayment Price represented by such Certificates ; provided, however, that before being . required to make any such payment to the Lessee, the Trustee shall , at the written request and expense of the Lessee, first mail a notice to the Owners of the Certificates so payable that such moneys remain unclaimed and that after a date named in such notice, which date shall: not be less than thirty (30) days after the date of the mailing of such notice, the balance of such 2 NUMATTER/774 moneys then unclaimed will be returned to the Lessee . " Section 3 . Effec ive Date f First S lemen al Trus Agreement . This First Supplemental Trust Agreement shall take effect immediately upon the execution hereof . The Trust Agreement , as a supplemented and amended by this First Supplemental Trust Agreement, is hereby reconfirmed, republished and restated. IN WITNESS WHEREOF, the parties have executed this First Supplemental Trust Agreement as of the date and year first above written. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, as Trustee By: Assistant Vice President Attest : Assistant Secretary TRUCKEE DONNER PUBLIC UTILITY DISTRICT FINANCING CORPORATION, as Lessor By: F es ' dent TRUCKEE DONNER PUBLIC UTILITY DISTRICT, as Lessee By: President the Board of Directors Counter+ Signature: Clerk of the istrict, ex office Secretary of the Board of Directors 3 NUMATTERl774 i RESOLUTION NO. 9122 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT IMPLEMENTING AND FIXING ELECTRIC AND WATER STANDBY CHARGES FOR THE FISCAL YEAR 1991-92 WHEREAS, on February 18, 1975, the Board of Directors of the Truckee Donner Public Utility District duly adopted Ordinance No. 7501 fixing electric and water standby charges on lands within the District boundaries and providing a means for collection thereof; and WHEREAS, on August 16, 1982, the Board of Directors adopted Resolution No. 8240 amending Ordinance 7501 to include Placer as well as Nevada County; and WHEREAS, on March 18 , 1991, the Board of Directors adopted Ordinance No. 9103 amending Ordinance No. 7501 and Resolution No. 8240 to the extent that such ordinance and resolution concern the fixing of water standby charges in the County of Nevada; and WHEREAS, on April 8, 1991, the Board of Directors adopted ordinance No. 9105 amending Ordinance No. 7501 and Resolution No. 8240 to the extent that such ordinance and resolution concern the fixing of water standby charges in the County of Placer; and WHEREAS, Ordinance No. 7501 prescribes that implementation of the actual charges shall be made by resolution of the Board for each fiscal year: NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. The electric standby charge for the fiscal year 1991-92 shall be the sum of $20 for any parcel consisting of one acre or more, and the sum of $10 for any parcel of less than one acre. 2 . The water standby charge for the fiscal year 1991--92 shall be the sum of $80 for all parcels regardless of size. 3 . The District shall determine the lands to be affected thereby for the current fiscal year and the charges to be assessed, levied and collected on the lands and parcels, and upon the completion thereof a subsequent resolution shall be approved fixing and placing the electrical and d water standby charges on the District tax roll for collection by Placer and Nevada Counties. 4 . The Clerk of the District is hereby directed to forward certified copies of this resolution to the Board of Supervisors and the County Auditor of the County of Placer, and the Board of Supervisors and the County Auditor of the County of Nevada. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting held within the District on the 17th day of June 1991 by the following roll call vote: AYES: Corbett, Curran, Maass, Sutton. and Aguera. NOES., done. ABSENT: None. TRV6AEE DONNER U=UTILITYDISTRICT 4 a ep R. AgueraE, president ATTEST/! an M. Craig, Deputy Di ict Clerk sync i RESOLUTION NO. 9123 OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT FIXING AND PLACING ELECTRIC AND WATER STANDBY CHARGES ON DISTRICT TAX ROLL FOR COLLECTION BY THE COUNTIES OF PLACER AND NEVADA WHEREAS, on February 18 , 1975, the Board of Directors of the Truckee Donner Public Utility District duly adopted Ordinance No. 7501 fixing electric and water standby charges on lands within the District boundaries and providing a means for collection thereof; and WHEREAS, on August 16, 1982 , the Board adopted Resolution No. 8240 amending Ordinance 7501 to include Placer as well as Nevada County; and WHEREAS, on March 18 , 1991, the Board of Directors adopted Ordinance No. 9103 amending Ordinance No. 7501 and Resolution No. 8240 to the extent that such ordinance and resolution concern the fixing of water standby charges in the County of Nevada; and WHEREAS, on April 8 , 1991, the Board of Directors adopted Ordinance No. 9105 amending Ordinance No. 7501 and Resolution No. 8240 to the extent that such ordinance and resolution concern the fixing of water standby charges in the County of Placer; and WHEREAS, on June 17, 1991 the Board adopted Resolution No. 9122 implementing and fixing electric and water standby charges pursuant to Ordinances 7501, 9103 and 9105 for the fiscal year 1991-92 ; and WHEREAS, the District has now determined the lands affected thereby and the charges to be assessed, levied and collected on the lands and parcels; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. That the Board of Supervisors of the County of Placer, State of California, and the County of Nevada, State of California, levy the standby charges against the parcels and owners of record listed on the computer itemization of unimproved parcels kept and maintained in the Engineering Department of the District and made a part hereof by reference, and that the County Auditors and Tax Collectors be instructed to levy and collect said charges in the same manner as County taxes as by law and in said ordinance r • provide. Upon completion and correction of the current list through June 30, 1991, a copy will be forwarded to the Auditor Controller of each County. 2 . That the Clerk of the District be directed to forward certified copies of the resolution to the Board of Supervisors and County Auditor of the County of Placer, and the Board of Supervisors and County Auditor of the County of Nevada. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting held within said District on the 17th day of June 1991 by the following roll call vote: AYES: Corbett, Curran, Maass, Sutton and Aguera. NOES: None. ABSENT: None. TWJC,KEE DONNE PUBjrjC UTILITY DISTRICT By s o eph R. Aguera President ATTES Susan M. Craig, Deputy D' riat Clerk smc