Loading...
HomeMy WebLinkAbout10 Emergency Drought RegulationsAgenda Item # 10 WORKSHOP To: Board of Directors From: Steven Poncelet Date: August 20, 2014 Subject: Review of the Draft Revised District Ordinance No. 2005-05, the Corresponding District Urban Water Management Plan, and Update on Emergency Drought Regulations 1. WHY THIS MATTER IS BEFORE THE BOARD This item includes an update on the District's implementation of the California State Water Resources Control Board's (SWRCB's) emergency drought regulations along with review of proposed revisions to District Ordinance 2005-05 which is part of the existing Urban Water Management Plan's Water Shortage Contingency Plan. 2. HISTORY The District's Board has had multiple meetings to review and implement the SWRCB's emergency drought regulations. These regulations require that all Urban Water Suppliers implement fully the stage of their Water Shortage Contingency Plan that first introduces restrictions to outdoor irrigation of ornamental landscapes and turf with potable water. The District's Water Shortage Contingency Plan, and implementing Ordinance No. 2005-05, were written for a catastrophic failure of our water system. The State's mandate to implement Stage 2 would create an undue hardship given that the District is not currently experiencing a water supply shortage. At the July 16, 2014 District Board meeting, the Board set a Public Hearing date of September 10, 2014 to consider revisions to our Urban Water Management Plan. Notice was given to the Town of Truckee, Nevada County, and Placer County regarding the District's intent to update the plan. At the August 12, 2014 special District Board meeting, action was taken to comply with the new regulations and the General Manager was directed to implement the District's Urban Water Management Plan, Water Shortage Contingency Plan and trigger Ordinance No. 2005-05 Stage 2 or the Alternate Plan if approved by the California State Water Resources Control Board, 3. NEW INFORMATION District Staff have taken steps to comply with the new drought regulations. The following actions are complete or are in process: • A press release was sent out on August 13th regarding the District's action to comply with the regulations and impacts to our customers; • The Districts website (www.tdpud.org) has been updated and includes detailed information on the new restrictions that our customers must comply with; • A complaint form for alleged violations of the drought regulations is available on the website (See Forms button on homepage); • A letter to all of our customers (Attachment 1) has been sent to the printer/mail house and is expected to hit mail boxes within a week; and • Staff have conducted direct outreach to key accounts, other public agencies, CATT, driveway sealing companies, and others. District Staff has created a draft revision (Attachment 2) to District Ordinance No. 2005-05. These revision have taken into account the impacts from the SWRCB's drought regulations along with a review of other local water agency ordinances. The revised ordinance is now written for both a drought emergency and a catastrophic failure of one or more components of our water system that would cause water supply shortages. Key changes to the ordinance include: • The stages have been modified and additional stages have been added to give more granularity in choosing the appropriate stage; • Restrictions have been removed that were unreasonable or would create undue hardship; • The procedures to appeal for hardship or address violations have been improved; and • The revised ordinance is more consistent with the ordinances of other local water agencies. A final ordinance will be presented to the Board and public in a Public Hearing at the September 10, 2014 board meeting. If adopted, a Public Hearing for consideration of changes to the District's Urban Water Management Plan will be held. The only changes to the Urban Water Management Plan would be to reflect the changes in the District's implementing ordinance. If adopted by the District's Board, the new ordinance and Urban Water Management Plan would take effect in 30-days. The new ordinance would remain in effect unless rescinded by the Board or if the SWRCB approves the District's Alternate Plan request. The Urban Water Management Plan would remain in effect until the next update as required by the state water code which would be in 2015. 4. FISCAL IMPACT There is no fiscal impact associated with this workshop item. Fiscal impacts from the emergency drought regulations have been presented in previous meetings. 5. RECOMMENDATION Receive this report and provide feedback. Steven Poncelet Public Information &Conservation Manager Michael D. Holley General Manager Attachment 1 Truckee Donner Public Utility District August 15, 2014 Dear Truckee Donner PUD customer: Directors Joseph R. Aguera Jeff Bender Bob Ellis J. Ron Hemig Tony Laliotis General Manager Michael D. Holley IMPORTANT: California State Regulators Adopt Emergency Drought Regulations Truckee Donner PUD Takes Steps to Comply The Truckee Donner Public Utility District has taken action to implement restrictions on outdoor water use as required by law. The California State Water Resources Control Board (SWRCB) has recently adopted emergency drought regulations which include provisions against wasting water that apply to all Californians along with the restrictions on outdoor irrigation. Compliance is mandatory and there are provisions for penalties and fines. The key impacts to Truckee Donner PUD customers from the state's emergency drought regulations include: • Restriction on the irrigation with potable water of ornamental landscapes and turf to 2-days per week. This applies to all Truckee Donner PUD water customers; and • Prohibitions for all Californians, punishable by a fine of up to $500 for each day in which the violations occurs, against: o The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non -irrigated areas, private and public walkways, roadways, parking lots, or structures; o The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; o The application of potable water to driveways and sidewalks; and o The use of potable water in a fountain or other decorative water feature except where the water is part of a recirculating system. To help with enforcement of drought regulations, the Truckee Donner PUD has established a formal procedure to receive complaints regarding observations of noncompliant incidents. Staff will investigate complaints and take action where appropriate. Complaints must be in writing and can be filed at www.tdpud.org home page (click on Forms button) or delivered to Truckee Donner PUD at 11570 Donner Pass Rd., Truckee, CA 96161. 11570 Donner Pass Rd, Truckee, CA 96161 —Phone 530-587-3896 — www.tdpud.orR Attachment 1 The state's emergency drought regulations went into effect on July 29, 2014 and will remain in effect until rescinded by the SWRCB. By law, emergency regulations such as these can only be in effect for 270 days before they need to be renewed. The Truckee Donner PUD board held a special meeting on August 12, 2014 and took action to implement the new regulations. With this notice, you are required to comply immediately with the mandatory regulations. Truckee Donner PUD staff are working with the state regulators to ensure compliance and to track any new developments and will communicate with our customers when significant changes occur. It is important to note that, although Truckee is in a drought, we are not experiencing a water supply shortage. However, we must all comply with the mandatory state emergency drought regulations and it is critical that we conserve water. The Truckee Donner PUD Conservation Department is available to help you save water though our very successful water -efficient toilet rebate/exchange, customer leak - repair rebate, free handouts of low -flow plumbing fixtures and hose -spray nozzles, and conservation garden. There are many opportunities to save water, money, and live more comfortably. Visit www.tdpud.org/departments/conservation for full program details. For information on the emergency drought regulations or to file a complaint for violations, visit www.tdpud.orq (see Spotlight section or Forms button). For additional information, call 530-582-3931 or visit the TDPUD's conservation department at 11570 Donner Pass Road. Regards, Steven Poncelet Public Information and Conservation Manager Truckee Donner PUD 11570 Donner Pass Rd, Truckee, CA 96161—Phone 530-587-3896 — www.tdpud.ors Attachment 2 Ordinance No. 2014 = 05 FINDING THE NECESSITY FOR AND ADOPTING A WATER CONSERVATION PROGRAM IN THE EVENT OF A WATER SUPPLY OR DROUGHT EMERGENCY WHEREAS, California Water Code Sections 375 et. seq. permit public entities which supply water at retail to adopt and enforce a water conservation program to reduce -the quantity of water used by the people rL therein for the purpose of conserving the water supplies.of,such public entity; WHEREAS, California Water Code Section 10632 requires an urban water supplier to describe stages of action to be undertaken in the event of a water supply shortage, WHEREAS, the Board of Directors of Directors of the Truckee Donner Public Utility District has determined that it is necessary to establish a water conservation program in the event of any future water supply shortage or drought emergency; WHEREAS, the Board of Directors finds and determines that a water shortage could exist in the event of major failure of one or more components of the water systemor drought; WHEREAS, the Board of Directors also -finds and determines that the water sources available be put to maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use, of water be prevented and that the conservation of such water be encouraged with a view to the maximum. reasonable and beneficial use thereof in the interest of the people of the District and for_-the--ublicwelfare., NOW THEREFORE BE -IT RESOLVED by the Board of Directors of Directors of the District as follows: 1. The General Manager is -hereby authorized and directed to implement the provisions of this ordinance. Additionally, the General_Manager is hereby charged with interpretation, regulation and enforcement of the provisions of this ordinance, and authorized to make exceptions to prevent undue hardship or unreasonable restrictions, provided that water shall not be wasted or used unreasonably and the purpose of -this ordinance can be accomplished. 2. To the extent that any of the existing and prior ordinances of the District applicable to its water system are inconsistent herewith, all such prior water ordinances shall be deemed revoked upon this ordinance becoming effective to the extent that they are inconsistent. 3. The provisions of this ordinance shall apply to all water served to persons, customers, and property by the District. The District shall declare which portions ofthe service area are subject to a water supply emergency and the requirements of this ordinance. 4. The provisions of this ordinance are not applicable to the uses of water which are necessary to protect public health and safety or for essential governmental services, such as police, fire and other similar emergency services. 1 Ordinance 2014-05 Attachment 2 5. Water Conservation Stages: No person shall knowingly use water or permit the use of water supplied by the District for commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this ordinance, in an amount in excess of the amounts authorized by this ordinance or during any period of time other than the periods of time specified in this ordinance. At no time shall water be wasted or used unreasonably. 6. The following stages shall take effect upon declaration as herein provided: (a) Stage 1 —Targeted 10% Reduction in Water Usage -Voluntary Compliance: Stage 1 applies during periods that the District determines that water usage should be reduced approximately 10% in order to meet all of the water demands of its customers. Specific mandated restrictions in water use for Stage 1 are as follows: 1. Irrigation with potable water of ornamental landscapes and turf shall be limited to every other day. 2. The application of potable water to driveways and sidewalks shall be prohibited unless for driveway sealing or construction. 3. The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle, shall be prohibited (b) Stage 2 — Targeted 20% Reduction in Water Usage Mandatory Compliance: Stage 2 applies during periods that the District determines that water usage should be reduced approximately 20% in order to meet all of the water demands of its customers. Specific mandated restrictions in water use for Stage 2 are as follows: 1. Irrigation with potable water of ornamental landscapes and turf shall be limited to every other day. 2. The application of potable water to driveways and sidewalks shall be prohibited unless for driveway sealing or construction. 3. The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle, shall be prohibited. 4. Customers may be subject to fines and penalties for failure to comply with this requirement. (c) Stage 3 — Targeted 30% Reduction in Water Usage - Mandatory Compliance: Stage 3 applies during' periods that the District determines that water usage should be reduced approximately 30% in order to meet all of the water demands of its customers. Specific mandated restrictions in water use for Stage 3 are as follows: 1. Irrigation of ornamental landscapes and turf shall be limited to 3-days per week. 2. The application of potable water to driveways and sidewalks shall be prohibited. 3. The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with ashut-off nozzle, shall be prohibited. 4. Customers maybe subject to fines and penalties for failure to comply with this requirement. 5. The District may install flow restricting devices on a customer's service. 2 Ordinance 2014-05 Attachment 2 (d) Stage 4 — Targeted 40% Reduction in Water Usage - Mandatory Compliance: Stage 4 applies during periods that the District determines that water usage should be reduced approximately 40% in order to meet all of the water demands of its customers. Specific mandated restrictions in water use for Stage 4 are as follows: 1. Irrigation of ornamental landscapes and turf shall be limited to 2-days per week. 2. The application of potable water to driveways and sidewalks shall be prohibited. 3. The use of potable water to wash a motor vehicle, except where the hose is fitted with a shut- off nozzle, shall be prohibited. 4. Any customer leak in plumbing and / or irrigation systems shall be repaired when found, but in any case within ten (10) days of notice by the District to repair. The' -District may perform the repair or hire a contractor to perform the repair, and then invoice the customer for those costs. 5. The District may install flow restricting devices on a customer's service. 6. Customers may be subject to fines and penalties for failure to comply with this requirement. (e) Stage 5 — Targeted 50% Reduction in Water Usage Mandatory Compliance: Stage 5 applies during periods that the District determines that water usage should be reduced approximately 50% in order to meet all of the water demands of its customers. Specific additional mandated restrictions in water use for Stage 5 are as follows: 1. All outdoor water uses are prohibited in the area affected by the water conservation requirement. The District may discontinue service to irrigation services. 2. Any customer leak in plumbing and / or irrigation systems shall be repaired when found, but in any case within ten (10) days of notice by the District to repair. The District may perform the repair or hire a contractor to perform the repair, and then invoice the customer for those costs. 3. The District may install flow restricting devices on a customer's service. 4. The District may implement mandatory water rationing through the use of forced rolling outages. 5. Customers may be subject to fines and penalties for failure to comply with this requirement. 7. Implementation -of Conservation Stages. The District shall monitor the projected supply and demand for water -by its customers on a daily basis. In the event of an emergency, the General Manager shall determine the extent of the conservation required through the implementation and/or termination of particular conservation stages in order for the District to prudently plan for and supply water to its customers. Thereafter, the General Manager may order that the appropriate stage of water conservation be implemented or terminated in accordance with the applicable provision of this ordinance. Water system customers shall be notified of water conservation stages by one or more of the following methods: (a) Door hanger notices delivered to the property served (b) Mass mang to customers and property owners (c) Announcements in local media such as newspapers, radio and television 3 Ordinance 2014-05 Attachment 2 (d) Any other methods deemed appropriate by the General Manager The stage designated shall become effective immediately upon announcement. The declaration of any stage shall be reported to the Board of Directors as soon as practicable and convene a special meeting as soon as possible. The Board of Directors shall thereupon ratify the declaration, rescind the declaration, or direct the declaration of a different stage. 8. VIOLATIONS In order to protect the health, safety and welfare of the community, the District shall serve any customer found to be violating any provision of this ordinance with written notice, in accordance with Section 11, stating the nature of the violation and providing a reasonable time limit for the satisfactory correction. If a violation is not corrected within the time limit prescribed, the General Manager may exercise their authority to disconnect the water service from the District's system based upon the severity of the violation. Disconnect and reconnect fees shall be assessed per the District's fee schedule. IF IF 9. REQUESTS FOR EXEMPTION OR DEVIATION All requests for exemption or deviation from these standards shall be submitted, in writing, by the customer to the General Manager. The customer must obtain written permission and not t assume that permission will be forthcoming for exemptions or deviations. The General Manager may temporarily or permanently exempt customers from the provisions of this Ordinance, or impose reasonable conditions in lieu of compliance, if the General Manager finds that any of the following conditions exist: 9.1 Serious Economic Hardship The requirements would cause an unnecessary and undue economic hardship upon the customer, threatening the customer's primary source of income as an individual or a business. 9.2 Adverse Impact on Health and Safety Strict compliance would create an emergency condition, as determined by the General Manager, adversely affecting the health, protection or safety of the customer or the public. 10. APPEALS Any person who is dissatisfied with any determination made under this ordinance may at any time within 30 days after such determination make an appeal. The first appeal will be made to the General Manager in writing. Should the applicant be dissatisfied with the decision of the General Manager, a subsequent appeal may be made to the Board of Directors of Directors within 30 days of the General Manager's decision. IF I IF 10.1 Appeal to General Manager Any person who is dissatisfied with any determination made under this ordinance may at any time within 30 days after such determination, appeal to the General Manager by giving written notice to the General Manager. The appeal shall set forth the events and circumstances leading to the appeal, the nature of the ruling or interpretation from which relief is sought, the nature of the impact of the ruling on the appellant's property or business, together with any other reasons for the appeal. The General Manager shall investigate the matter appealed and shall make a written decision, which shall be mailed to the appellant within 30 days of receipt of the appeal. If the dispute involves an amount of charges, the appellant shall pay the amount disputed in full when the charges are due. Any charge paid under protest will be refunded to the appellant should the General Manager determine that the charges were wrongfully made. 10.2 Appeal to Board of Directors of Directors Any person who is dissatisfied with any determination made by the General Manager may at any time 4 Ordinance 2014-05 Attachment 2 within 30 days after such determination, appeal to the Board of Directors of Directors by giving written notice to the General Manager and to the Clerk of the Board of Directors of Directors. The appeal shall set forth the events and circumstances leading to the appeal, the nature of the ruling or interpretation from which relief is sought, the nature of the impact of the ruling on the appellant's property or business, together with any other reasons for the appeal. The General Manager shall transmit to the Board of Directors of Directors a report upon the matter appealed. The Board of Directors of Directors may request that the appeal be agendized and consider all testimony and make a decision, which shall be mailed to the appellant within 30 days of the date of the Board of Directors action. The Board of Directors of Directors may, at any time, upon its own motion, revise any determination made by the General Manager. If the dispute involves an amount of charges, the appellant shall pay the amount disputed in full when the charges are due. Any charge paid under protest will be refunded to the appellant should the Board of Directors of Directors determine that the charges were wrongfully made. 11. NOTICE OF VIOLATION If any person fails or refuses to comply with the provisions of this ordinance, the General Manager or the manager's designee shall provide the person with a written notice of the violation and an opportunity to correct the non-compliance. The written notice will: (a) Be posted or presented at the site of the noncompliance_ (b) Be mailed to the customer (c) State the time, date and place of the violation =_ d L-MEOW _ - (d) Provide a general description of the violation F_ (e) State the means to correct the violation (f) State a date by which correction is required (g) State the possible consequences of failing to correct the violation If the violation is not corrected to the District's satisfaction within the time frame specified, the District may restrict the water service to the property or disconnect the service. In addition to correcting the violation, the customer may be billed administrative fees on their account. 11.1 PROCEDURES 11.1.1 First Violation' Following adoption of this ordinance, first violations will result in a friendly reminder in the form of a notice posted on or near the front door, personal contact with the customer, a phone call and/or a letter advising the customer of the violation, in accordance with Section 11 a through g. 11.1.2Second Violation For a second violation within one calendar year, the customer will be notified in writing in accordance with Section 11 a through g. If the correction is not made within thirty (30) days of the District's notice to the customer, the customer may be assessed a fine of $100. The fee shall be added to the customer's water service charges at the property where the violation occurred. 11.1.3Third Violation For a third violation within one calendar year, the customer will be notified in writing in accordance with Section 11 a through Y. The customer may be assessed a fine of $200. The fee shall be added to the customer's water service charges at the property where the violation occurred. If not corrected within ten (10) days of written notice, a flow -restricting device may be 5 Ordinance 2014-05 Attachment 2 installed on the customer's service connection, and the costs associated with the installation and removal will be billed on the customer's monthly water billing. 11.1.4 Fourth Violation For the fourth and subsequent violations within one calendar year, the customer will be notified in writing in accordance with Section 11 a through g and the customer may be assessed a fine of $500. The fee shall be added to the customer's water service charges at the property where the violation occurred. In addition, a flow -restricting device may be installed on the customer's service connection, and the costs associated with the installation and removal will be billed to the customer. If not corrected within ten (10) days of written notice, the District may discontinue the customer's water service at the property where the violation occurred in accordance with District procedures. Reconnection shall only be permitted when there is reasonable protection against future violations, as determined by the General Manager. 11.2 ENFORCEMENT COSTS The District may correct any violation of this ordinance and bill the customer for costs and expenses in enforcing the provisions of this ordinance, including staff time for investigation and monitoring for compliance, if the customer refuses to comply. Charges shall be added to the customer's bill for the property where the enforcement costs were incurred. The District may also take such action as may be allowed by statute. 11.3 TERMINATION OF SERVICE Failure to correct the violation may result in termination of water service to the parcel on which the violation occurred. 12. SEVERABILITY = If any section, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance or any part thereof. The Board of Directors hereby declares that it would have passed each section, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, sentences, clauses or phrases be declared invalid. PASSED AND ADOPTED by the Board of Directors of Directors at a meeting duly called and held within the District on the tenth day of September 2014 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Tony Laliotis, President of the Board of Directors ATTEST: Michael D. Holley, Clerk of the Board of Directors 6 Ordinance 2014-05 Truckee Donner Public Utility District Financing Corporation Directors Joseph R.Aguera 6:00 PM, SPECIAL MEETING Jeff Bender Wednesda , Jul 17� 2013 Bob Ellis y y J. Ron Hemig (or immediately after regularly scheduled meeting of the Tony Laliotis Truckee Donner Public Utility District Board of Directors) General Manager TDPUD Board Room Michael D. Holley AGENDA 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 item is considered. (The public may comment on any subject that is not on the agenda. Each speaker will be limited to three (3) minutes, but speaker time may be reduced at the discretion of the Board President if there are a large number of speakers on any give subject.) BUSINESS ITEM 4 . Consideration of Accepting the Annual Reports and Financial Statements ROUTINE BUSINESS 5 . Approval of Minutes of December 19, 2012 for the Financing Corporation ADJOURNMENT The agenda is available for review at the TDPUD office and the Truckee branch of the Nevada County Library Posted and mailed on Friday, July 12, 2013 Barbara Cahill, Deputy District Clerk A copy of the agenda packet is available for public review at the district administrative office: 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 District's public meetings. If particular accommodations for the disabled are needed (i.e. disability - related aids, or other services), please contact the Clerk of the Board at (530) 582-3909 or BarbaraCahill@tdpud.org, at least 24 hours in advance of the meeting. 11570 Donner Pass Road - Truckee, CA 96161 - Phone: (530) 587-3896 - www.tdpud.org V Agenda Item # 4 FINANCE BUSINESS ITEM To: Board of Directors From. Robert Mescher Date. July 17, 2013 Subject: Consideration of Accepting the Annual Reports and Financial Statements 1. WHY THIS MATTER IS BEFORE THE BOARD The Truckee Donner Public Utility Financing Corporation is required to accept of Annual Reports and Annual Financial Statements are solely within the purview of the Financing Corporation Board. 2. HISTORY The Financing Corporation Board reviews and approves the annual reports. Also provided is a copy of the most recent audited financial statements of the Truckee Donner Public Utility District. The annual reports are prepared according to the requirements of each bond's continuing disclosure statement. They include the annual reports for the 2003 A/B Certificates of Participation and the 2006 Certificates of Participation. 3. NEW INFORMATION Attached are the following annual reports: • Certificates of Participation Series 31, 2012 (Attachment 1) Certificates of Participation (Water System Improvements) Series 2006 as of December 31, 2012 (Attachment 2) Truckee Donner Public Utility District annual audited financial statements as of December 31, 2012 (Attachment 3) 2003A and 2003B reports as of December The attached reports for the Certificates of Participation Series 2003A and 2003B are the final reports, as the debt was extinguished January 1, 2013, 4. FISCAL IMPACT There is no fiscal impact associated with this action. r* 5. RECOMMENDATION Approve the annual reports and financial statements. Robert Mescher Treasurer 2,: Michael D. Holley Secretary P. Attachment 1 TRUCKEE DONNER PUBLIC UTILITY DISTRICT REFUNDING CERTIFICATES OF PARTICIPATION SERIERS 2003A AND 2003B ANNUAL REPORT 12/31/2012 a IMP (0) ¢ Im N sm M.,. N J L sm V V J d m V �Z a ¢ to W v z am low Z *' 0 a, G w wo Y �% M M F am = coC coo 00 TOm morn �0 ISO r0 00000 f�ON (p N (p j OM M c; N CO r CV cu _ _ r _ ce) r I� T V � C) C;9 0 � O 66LO9 C) O 69 613 69 64 69 C O co 0 (D O O O r 0 CD m o rn r�0 Ih O r0 MOOD f�ON (ON (Or C6rn CjoItN C6pnjN fR T T TLO (Yi O T I O T U 0 0 69 � 69 6 069 O C CD 0 (D O O O r 0 CD OD rn O 1'%%,0 Ih0 TO mom f�ON a2 E9 r 69 LO r r r M O r r� d r U 0(Ak 69 0 r9 69 � E9 O C CD 0 CD O 00 r 0 O m o rn r� O r� O T O m O m f� O N 6 N CO r Ch rn O al N ('D N T 03 T r T cr) O r N O T 69 69 69 69 69 c0 0 (D O N 0 O O rn CD O cr) LO 0 LO 0 f� O O 0 d' O O Cn CC) m CO CV f� r CV f� *- 6f1 N tg � r� _N CD Vow LOlao' rn r Offl 06ri 6 c; 00 69 69 L 0 ac Eso ?i 0 oc � CD C� 'y c� a) am v�U cis C �c(D o rn am m uW oU IL 0 L O (] cu w amax Q ¢ m v� a ++ a� am 60 d cd w E 0 0 am JL � c O U W O Z 0 t c O L aw c O E 3 tll i Y L O d d CDY ("a E0 CLL a) ow Sm rn 0 V LM *0s ca d �_ W U t E �2 E �, ARMS c cc O d U W Eve N c l0 .O ram+ C M M C d L 00 E '° 0 0 As c t cu y '� ato 3 o (D O Y a� y M°-m v U coos E E E L L U 0 tM E>.c E E r� o 0) as 0V'aN � c t E C O O L a E 'o 6 w=+ c 3 p E 3 0 to i N L O Y rd. d c 00.- (a E as L a) ¢ornQ CL w-aa) am 3�La�c> 01 V L 03 E,0 ` a�Uv E�-aE�,c O c 21cO 0MO 0UWO 0 0-a J r2 cc)mr� � °' 000) rn( OLO r� LO N CY) qqt It r r cr) T r rCD C O O co N O N h oD (D r O N O d' r T- N r EA EF} 0 OD top LO rO N CNN r r r r cr) It r� Cf) O N LO Nt O ce) co (p 00)ai NO CV co (p l r r N r 6s Ei? A Om D C lL r � N ^ co 0 O T T cr) (D m cc) O T T ITT T .U)� V (D O •e) (r) N CD M f� N O N 1%� CD � T T N T 69- p � 64 rn M Cr) r ch � B O co to P N O Lf) N r co O (D LO lM M do M N It I4� 'It T LO O) O m (p LO r N In O to r O N r� r� d r r N r ef)f (f} 'C N N� cc)cr)nNN r C (D LO r N m In CD r� C7 LO c0 Gr) r r r O O O COa0 r O) d N NTto r �LO ft ci N Uj C d 0 cm F— N J W N O L± vl ` O m d r (D N to C Cl) M E O _ E ^ W ` CD O O CD Q 11 = a) CCD co O Cc CZE cU) CO �. ca co 0 E H U c0 7 O R?j to td m a) N C N 2 C o y C CC 0 Y O v m� E;g � E;a �� E co V: �m Eo co'yE0"inEo a) o E m o F- 3 m o F- CD > a) o F- CL Q d 'cr U Via: o�U F— W Z Y Q N NI r O N O O N O N O J N � O c aE 2 � W W C m W N W � 61 F W m00M00rl O r Mf�ONI�ft(D r0M ItmM NNLO W WMr1�00 0 In Mr�NC9 O NLnM rLOCD CO0ItMCh1�C9 CM C)r�It0OO'ch NMtq 000M M1�0 M r LO co N N N r (D O N M O (O r M LO [}' N r d� CO(ON�rNM M rr0N N 0 (O(DM MGM to N r '7 LO CI) LA Wt CV co O (M 0 co r N r Or r C/j C7 OMNr a O CC) m �C6 _NN_ E9 69 E Efi EM9 COOONom Or Nr000OM 00 LOI7M r'Ct V W)1 Ow0N0� � CAM[I'MNr NCO r0OM mCDq' (MNgt 0)V LO LO Mrt.MON NNE r0r Oh CO (D C6 LO r m LO r r N O O CA CM (O C11 r 1` qqt N m ED OrNLONMr r <tCO) NI)rCO LO M NcocO COhM rN O O M CV) rm t� NM LO MM LOBO V. r r � � r Cr1 N +— CIO C NCV M lO Lc). C\jN4 C\ � 6N9 6 69 69 6M9 CD m o w 1� N M O M co O t� M q* co Ln r r N m 0 N CD O r M t� r to O 0 CO LO co (Dr CD N co v LO O N LO CA N4td COLOrC+7 CO co0)U) NNN C7r%t �tt0) Chqqtl� N L M 0 CD O O LO r 94 LO CD O 06 '- N CO CD M O M N gf) NItOMO O ��r�rr MO COOO Cetc0 M CM M r r O M 4t qt 00 d: r M O qt CD 0 r r N N O M N r co L M I� ft N O LU � O N � � 64 6% 6% 6'} EA 69 d M 0 M 0 r M O m O co CO NT 0 CO Nrr M tt N (D d t� r rinm00r�0 LO LOOS rLOO 0) (N MMr O V MqCT r m CO co CO CD f` 0 r (M 0 4 h r C7 LC) O CO CD NCOCO0+-rr r I�^rCONN Cnr NLOh 000 LO r N r O rqCT CO CO qqr N r M r (D M M O co co Lf) l r N d_ 0 et r N (D CM M M N C7 CO co r OC7Nr T Nr N N ter) E9 6% 66% MM(CO 64 69 69 64 69 6s rr00r1�W OCO LOCOrr0DN O f� Go CO COtt lO r 0 N� M M M O N t� � CM M M to^ qt M r r LO r r CO CO M O N N qt r M N C7 r CO LO CO r O h h O O r LO co r 1� r 0 co CO tt LO 00 r qt O LO � M O O N CO N LO M m N CD N LO N m N r N LO N O up) r LO N N M d: � CO N CO N r Or M LO M qt CO) N C01'r r N N OC C\i � LOM �r6r4 MMM vi N 69 to 64 64 (fl EA O U m ° c m c _� O CD m U) CAA m C > (9 C y y m O U CO Q E .. c6c CIS d r tll C m a cm CO a ,0 cv)r m to p cc r Cc m m cc myma0)So m rn 0E �-C13 �Y�, CD y i y ° m c . a m � c 2w Li06 >m�m(O E 7 O Z CD • N=E HC m m m !m z; 2 m (D lL a) caL —m r. � O C.Lfl«m m N O d CnCfO C a000 0 a-0C91r ZUZ CD sl fr a: O Q no WLL Attachment 2 TRUCKEE DONNER PUBLIC UTILITY DISTRICT CERTIFICATES OF PARTICIPATION (WATER SYSTEM IMPROVEMENT PROJECTS) SERIES 2006 ANNUAL REPORT 12/31/2012 I] CONTINUING DISCLOSURE CERTIFICATE: 4. Content of Annual Reports (a) The audited financial statements were electronically forwarded to Bank of New York on 06/6/2013. (b) The principal amount of the Certificates outstanding was $21,930,000 as of December 31, 2012. (c) The balance in the Reserve Fund as of December 31, 2012 was $19907,967. The Reserve Requirement from the Installment Purchase Agreement is: "The term "Reserve Requirement" means initially, $1,901,088.76, and thereafter the lesser of (i) $1,901,088.76 or (ii) the maximum principal of and interest with respect to the Certificates due in the then current or any future Fiscal Year." year is $1,901,088,76. The maximum payment due in any (d) Updated tables from "THE WATER SYSTEM OF THE DISTRICT" IN THE Official Statement are attached: (i) "TRUCKEE DONNER PUBLIC UTILITY DISTRICT - Historic Water Production and Accounts" on page 19 of the Official Statement. (ii) "TRUCKEE DONNER PUBLIC UTILITY DISTRICT - Historic Sales Revenue" on page 19 of the Official Statement. "TRUCKEE DONNER PUBLIC UTILITY DISTRICT - Largest Customers" on page 20 of the Official Statement. (iv) "TRUCKEE DONNER PUBLIC UTILITY DISTRICT - Historic Operating Results of Debt Service Coverage" on page 26 of the Official Statement. 0 TRUCKEE DONNER PUBLIC UTILTIY DISTRICT Historic Water Sales Revenues Increase/ % Increase/ Year Residential (Decrease) Commercial (Decrease) 2001 $3,944,222 $4769195 2002 5,0131242 27.10% 647,822 36.04% 2003 5,7689092 15.06% 6789423 4.72% 2004 6,254,756 8.44% 8259109 21.62% 2005 6560%311 5.67% 844,812 2.39% 2006 7,160,485 8.34% 991,941 17.42% 2007 718759829 9.99% 11165,511 17.50% 2008 81459,823 7.42% 11179,157 1.17% 2009 81577,396 1.39% 111375447 -3.54% 2010 8,973,220 4.61 % 11184,084 4.10% 2011 85731,670 -2.69% 11227,533 3.67% 2012 81492,037 -2.74% 193749376 11.96% TRUCKEE DONNER PUBLIC UTILITY DISTRICT Historic Water Operating Results & Debt Service Coverage Fiscal Year Ending December 31 Revenues 2008 2009 2010 2011 2012 Sales to Customers $91658,482 $977487317 $10,196,010 $979467771 $97793,994 Standby Fees 1621,400 171,200 1617120 161,040 166,135 Investment Income (1) 3727799 85,231 97,359 18,363 33,783 Facilites Fees'') 560,485 283,408 160,410 152,918 207,678 Connection Fees ts'cs> 266,474 143,453 847366 I36,306 68,996 Meter Surcharge 0 799,434 753,642 746,759 741,209 Other (4) 611,206 654,790 4579041 375935 326,847 Total Revenues $11,631,847 $11,885,834 $11,9091948 $11,538,092 $1193389641 Operating & Maintenance Expenses Operations and Maintenance $4,369,205 $41483,118 $41391,401 $4,433,706 $4,806,563 Administration and General 1,581,950 117069210 117495277 I9657,418 L761,614 Customer Services 428.740 487,419 588.853 794,225 721.333.52 Total Operations & Maintenance Expenses $6,379,895 $6,676,747 $6,729,531 $6,885,350 $67568,177 Net Revenues $51251,952 $5,209,087 $5,180,417 $41652,743 $4,770,465 Parity Debt Service (s) 2006Installment Purchase Agreement $1,8969089 $19896,289 $1,895,289 $1,888,089 $17894,889 1996 Installment Purchase Agreement 0 0 0 0 0 DWR Proposition 55 Loan 306,481 $306,481 $306,481 $3067481 $306,481 Interest on Parity Debt Service Reserve Funds (80.289) 70.714 84,802 64,196) (8,103) Total Parity Debt Service $21122,281 $23132,056 $2.116,968 $27130,374 $2,193,266 Parity Debt Service Coverage 2.47 2.44 2,45 2.18 2.18 Net Revenues Remaining for Subordinate Debt $35129,671 $3,0775031 $3,063,449 $2,522,369 $275777198 Service Subordinate Debt Service (5)(6) $386,516 $355,737 $338,344 $316,944 $3167944 Parity and Subordinate Debt Service Coverage'') 2.49 2.09 2.11 190 1.90 Balance Available for Capital Projects or Other $2,743,155 $27721,294 $2,725,106 $2,205,425 $2,2601254 Purposes NOTES (1) Excludes interest component of Donner Lake Assessment and interest on parity debt service reserve funds. (2) Appears as contributed capital in the Financial Statement of the District, (3) Historically, connection fees were recognized in the year in which the connection to the Water System was effected rather than the year in which the connection fee was allocated. (4) Includes interdepartmental sales. (5) Debt service presented on an accrual basis. (6) Represents payments on Capital Leases. The DWR Loan, which is secured by , and has historically been paid entirely from, the Donner Lake Assessments, is excluded form subordinate debt service. (7) Subordinate Debt Service, Parity and Subordinate Debt Service Coverage, and Balance Available for Capital Projects have been amended for 2006. i Agenda Item # 5 MINUTES To: Board of Directors From: Robert Mescher Date: July 17, 2013 Minutes for the Meeting Dates Approval of Minutes of December 19, 2012 for the Financing Corporation i TDPUD FINANCING CORPORATION Annual Meeting December 19, 2012 The special meeting of the Board of Directors of the Truckee Donner Public Utility District Financing Corporation was called to order at 6:43 PM by President Bender. ROLL CALL Directors Joe Aguera, Jeff Bender, Bob Ellis, Ron Hemig, and Tony Laliotis were present. EMPLOYEES PRESENT Robert Mescher, Kim Harris, Kathy Neus, Michael Holley and Barbara Cahill CONSULTANTS PRESENT Steve Gross OTHERS PRESENT Juanita Schneider PUBLIC INPUT There was no public input. BUSINESS ITEM Robert Mescher gave a presentation detailing the history of the TDPUD Financing Corporation, a report of the current Certificate of Participation (COP) financings, a report of annual reports and financial statements, the recommendations to elect officers and approve the December 7, 2011 minutes. ELECTION OF OFFICERS Director Hemig moved, and Director Laliotis seconded, that the Board: • Approve the annual COP reports and financial statements as presented • Elect Jeff Bender as President and Joe Aguera as Vice President for the Financing Corporation • Appoint Michael D. Holley as Secretary and Robert Mescher as Treasurer for the Financing Corporation • Approve the minutes of the last meeting held on December 7, 2011 ROLL CALL: All Directors aye, by voice vote. SO MOVED ADJOURNMENT There being no further business before the Board, the meeting was adjourned at 6:55 PM. 1 Finance Corp Minutes: Dec. 19, 2012