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05-17-84MINUTES REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT May 17, 1984 4:00 P.M. The Board of Directors of the South Tahoe Public Utility District met in a regular session, May 17, 1984, 4:03 p.m., 1275 Meadow Crest Drive. BOARD OF DIRECTORS: President Madden, Directors Wynn, Mason Absent: Directors Olson, Jones (ex- cused absence due to vacation) STAFF: Cofer, Baer, Fischer, Plasterer, B. Eppler, Taylor, G. Eppler, Mamath, Mc Gee, Attorney Weidman GUESTS: Bob Hill of Jones Hall Hill and White (Bond Counsel) None Moved Wynn/Second Mason/Passed unanimously (Absent: Jones & Olson) to approve consent calendar as presented: (1) Adjustment: Residential Sewer Unit Count/APN 32-152-141 (2) Adjustment: Commercial Sewer Unit Count/APN 23-430-321 (3) Adjustment: Residential Sewer Unit Count/APN 26-135-131 (4) Jones and Turner Master Agreement (5) Membership of Mountain Counties Water Resources Association ($1,000) May 3, 1984 Regular Meeting: Moved Mason/Second Wynn/Passed unanimously (Absent: Jones & Olson) None None ROLL CALL CORRECTIONS OR ADDITIONS TO AGENDA CONSENT CALENDAR APPROVAL OF BOARD MINUTES REPO'RT BY BOARD MEMBERS SHOP STEWARD'S REPORT REGULAR BOARD MEETING MINUTES - MAY 17, 1984 Pa~e 4 4:27 P.M. 5:00 P.M. Meeting Reconvened Board Members Present: President Madden, Directors Wynn, Olson, Mason Staff: Cofer, Baer, Fischer, Mamath Guests: Bob Hill - Attorney, Doris May Gurish, Alan Swan, Rick Holmstin representing Stanford Camp (1) Public Hearing opened by Board President, Mary M. Madden. (2) Written protests read by Finance Officer Fischer from Klothide Schulze, Marybeth Hockel Varcados, Thomas Doyle, Ray D. Egan, Daniel I. Clampett, Mrs. David L. Bassett. A telephone protest with questions was also noted from Mr. Eugene Pedemont. (3) President Madden asked for Oral protests from members of the audience: None were submitted. (4) President Madden asked for comments from proponents: None were submitted. (5) Bond Coun~sel, Bob Hill, requested Engineer's Report be made a part of the record of the public hearing. (6) President Madden declared Public Hearing closed. Moved Olson/Second Wynn/Passed unanimously (Absent: Jones) Resolution No. 2334 Over- ruling Protests. (ATTACHMENT) Moved Wynn/Second Olson/Passes unanimously (Absent: Jones) Resolution No. 2335 Order- ing Reduction of Assessments. (ATTACHMENT) Moved Mason/Second Olson/Passed unanimously (Absent: Jones) Resolution No. 2336 Adopt- ing Engineer's Report, Confirming the Assessment and Directing Recording and Fil- ing of Assessments, Assessment Diagram and Notice to Assessment, Appoint Collection Officer and Provide the Notice to Pay Assessments. (ATTACHMENT) ADJOURNMENT UNTIL 5:00 P.M. PUBLIC HEARING SUPPLEMENTAL ASSESSMENT DISTRICT 1971-1A: PUBLIC HEARING ADOPT RESOLUTION NO. 2334 ADOPT RESOLUTION NO. 2335 ADOPT RESOLUTION NO. 2336 3HHN:R3H:cp 01/23/83 0148R RESOLUTION NO. 2334 A RESOLUTION OVERRULING PROTESTS SUPPLEMENTAL ASSESSMENT DISTRICT ]971-]A RESOLVED, by the Board of Directors of the South Tahoe Public Utility District, County of E1 Dorado, California, that NHEREAS, on April 5, ]984 this Board adopted Resolution No. 2329, A Resolution of Intention to make a '~upplemental assessment to cover cost overruns for acquisitions and improvements made in Assessment District NHEREAS, notice of the time and place of hearing protests in relation to said supplemental assessment was duly given and all written protests and other written communications were publicly read at said hearing and all persons desiring to be heard were fully heard; NON, THEREFORE, IT IS ORDERED as follows: 1. That orotests against said supplemental assessment;:'and/or matters related thereto, are overruled. ATTEST' Clerk and ex officio Secretary President I hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2334 duly and regularly adopted by the Board of Directors of the South Tahoe Public Utility District, E1 Dorado County, California, at a meeting thereof duly held on the 17th day of May , 1984, by the roi.lowing vote: AYES, and in favor thereof, Directors: Madden, OZson, Wyn~, Mason NOES, Directors' ABSENT, Directors' Jones Clerk and ex officio Secretary SOuth Tahoe Public Utility District ~, ~ 2HH~:RJH'cp 05/08/84 0174R RESOLUTION NO. 2335 A RESOLUTION ORDERING REDUCTION OF ASSESSMENTS SUPPLEMENTAL ASSESSMENT DISTRICT 1971-lA RESOLVED, by the Board of Directors of the South Tahoe Public Utility District, County of E1 Dorado, California, that WHEREAS, the estimated cost of the project under Resolution of Intention No. 2329, adopted by th~s Board on April 5, 1984, was $239,317.06; WHEREAS', the preliminary estimated-amount for bond d~scount can be reduced from $23,931.03 to $16,146.72; "NON, THEREFORE, IT IS HEREBY ORDERED that the total assesssment is hereby reduced from $239,317.06 to $231,532.75 and that each of the individual assessments shall be reduced by its pro rata share of the difference between the total assessment as preliminarily approved and said reduced total assessment. ATTEST: Clerk and ex officio Secretary I hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2335 duly and regularly adopted by the Board of Directors of the South Tahoe Public Utility District, E1 Dorado County, California, at a meeting thereof duly held on the l?thday of May , 1984, by the following vote: .~ AYES, and in favor thereof, Directors: Maclcten, Wyn~ 01so~, Maso~ NOES, Directors: lqo~e ABSENT, Directors: Jones Clerk and ex officio Secretary South Tahoe Public Utility District JHHW:RJH:cp 01/23/84 0147R RESOLUTION NO. 2336 A RESOLUTION ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT,.DIRECTING RECORDING AND FILING OF'ASSESSMENT, ASSESSMENT DIAGRAM AND NOTICE OF ASSESSMENT, APPOINTING COLLECTION OFFICER, AND PROVIDING FOR NOTICE TO PAY ASSESSMENTS SUPPLEMENTAL ASSESSMENT DISTRICT 1971-lA RESOLVED, by the Board of Directors of the South Tahoe Public Utility District, Et 'Dorado ~ounty, California, that WHEREAS, on April 5, '1984, this Board adopted Resolution No. 2329, A ResoYution of Intention to make a supplemental assessment to cover cost overruns for acquisitions and improvements made in Assessment District No. 1971-1 and therein directed the General Manager to make and file a report in writing in accordance with and pursuant to the Municipal ~Improvement. Act of 1913; WHEREAS, said report was duly made and filed, and duly considered by this Board and found to be sufficient in every particular, whereupon it was determined that said report should stand as the Engineer's Report for all subsequent proceedings under and pursuant to the aforesaid resolution, and May 17, 1984, at the hour of 5:00 o'clock p.m., in the regular meeting place of this Board, 1275 Meadowcrest Drive, South Lake Tahoe, California, were appointed as the time and place for hearing protests in rela!ion to said supplemental assessment to cover cost overruns for acquisitions and improvements made in Assessment District No. 1971-1, notices of which hearing were duly and regularly posted, mailed and published; and WHEREAS, said hearing was duly and regularly held, and all persons interested desiring to be heard were g~ven an opportunity to be heard, and all matters and things pertaining to said supplemental assessment were fully heard and considered by this Board, and all protests, both written and oral, were duly heard, considered and overruled, and' this Board thereby acquired jurisdiction to order said supplemental assessment and the confirmation of said diagram and assessment to pay the costs and expenses thereof; NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED, as follows: 1. That the district benefited by said supplemental assessment and to be assessed.to pay-~h~ costs and expenses thereof, and the exterior boundaries thereof, are as shown by a map thereof filed in the office of the Clerk and Ex-officio Secretary, which map is made a part hereof by reference thereto. 2. That said Engineer's Report as a whole and each part thereof, to wit: (a) the General Manager's estimate of the .total costs and expenses of said work in¥olved which resulted in said overruns, and of the incidental expenses in connection therewith; (b) the diagram showing the assessment district and the boundaries and dimensions of the respective subdivisions of land within said district; and (c) the assessment of the total amount of the costs and expenses of the work involved which resulted in said cost overruns upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by said subdivisions, respectively, and of the expenses ~ncidental thereto; are finally approved and confirmed. 3. That final adoption and approval of the Engineer's Report as a whole, and the estimate of the costs and expenses, the diagram and the assessment, as contained in said ~eport, as hereinabove determined and ordered, is intended to .and shall refer and. apply to said report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by this Board. 4. That the supplemental assessment to cover cost overruns for acquisitions and improvements made in Assessment District 1971-1 is hereby levied. For ,furth~e~ 'particulars pursuant to the provisions of said Municipal Improvement Act of 1913, reference is hereby made to said Resolution of Intention. 5. That said Clerk and Ex-officio Secretary shall forthwith: (a) deliver said assessment to the District Engineer, together with said diagram, as approved and confirmed by this Board, with a centificate of such confirmation and of the date thereof, executed by said Clerk and Ex-officio Secretary, attached thereto; and also cause copies of said assessment and diagram, so certified, to be recorded with the County Surveyor; and (b) cause a copy of said assessment diagram and a notice of assessment, executed by said Clerk and Ex-officio Secretary, to be filed and recorded, respectively, in the office of the County Recorder of the County of E1 Dorado, such notice to be in substantially the form provided in Section 3114 of the Streets and Highways Code. Said District Engineer shall record said assessment and diagram in his office in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, and such recordation shall be and constitute the assessment roll herein. From the date of recording of said notice of assessment, all persons shall be deemed to have notice of the contents of such assessment, and each of such assessments shall thereupon be a lien upon the property against which it is made, and unless sooner discharged such liens shall so continue for the period of four (4) years from the date of said recordation, or in the event bonds are issued to represent said assessments, then such liens shall continue until the expiration of four (4) years after the due date of the last installment upon s~id' bonds or of the last installment of principal of said bonds. ..The appropriate officer or officers are hereby authorized to pay any and all fees required by law in connection with the above. 6. That the Treasurer of the South Tahoe Public Utility District is appointed Collection Officer for said assessments and the person to whom payment of said assessments shall be made, and that the office of said Treasurer, at 1275 Meadowcrest Drive, South Lake Tahoe, CA 95705, is designated as the place at which said payments will be made, and the District Engineer is hereby relieved of all responsibility in connection with collecting assessments. Said Collection Officer, upon said recording of the assessment and diagram, shall cause Notice to Pay Assessments to be mailed and published. Said notice shall state that the assessment has been recorded as provided in Section 10402 of the Streets and Highways Code, and the date thereof, that all sums assessed therein are due and payable immediately and payment thereof is to be made to the Collection Officer at said office within 30 days after said date of recording the assessment, and the effect of failure to pay within such time, including the fact that bonds will be issued pursuant to the Improvement Bond Act of 1915 to represent and upon the security of said 4 assessments which .are not paid within said 30-day period; and, in addition, said notice to be mailed shall contain a designation by street number or other description of the property assessed s.ufficient to identify same and the amount of the assessment thereon. Said mailed notice shall be mailed to each owner of real property within the assessment district at his last Known address as the same appears on the tax rolls of the County of E1 Dorado, or on file in ~he office of or as Known to said Clerk and Ex-officio Secretary, or to both addresses if said address is not the same, or to the general delivery when no address so appears; and said published notice shall be published once a week for two successive weeks (with at least five days intervening between the respective publication dates, not counting such dates) in the Tahoe Daily Tribune, a newspaper published and circulated in the South Tahoe Public Utility District. - President ATTEST: Clerk and ex officio Secretary I hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2336 duly and regularly adopted by the Board of Directors of the South Tahoe Public Utility District, E1 Dorado County, California, at a meeting thereof duly held on the 17thday of May , 1984, by the following vote: AYES, and in favor thereof, Directors' Madden, Wynn, Olson, Mason NOES, Directors' None ABSENT, Directors' Jones Clerk and ex iOfficio Secretary South Tahoe Public Utility District JHHW:RJH:cp 01/23/84 O141R :cp 05/01/84 RESOLUTION NO. 2337 A RESOLUTION DETERMINING THAT THE ISSUANCE OF DISTRICT BONDS IS, NOT SUBJECT TO PRIOR INVESTIGATION, REPORT AND APPROVAL BY THE OFFICEOF THE STATE TREASURER, DISTRICTS SECURITIES DIVISION SOUTH TAHOE PUBLIC UTILITY DISTRICT SUPPLEMENTAL ASSESSMENT DISTRICT 1971-1A RESOLVED, by the Board of Directors of the South Tahoe Public Utility District, County of E1 Dorado, California, as follows:. 1. The South ~ahoe Public Utility District, herein called "District", is a public utilities district formed pursuant to the provisions of the Public Utility District Act (Division 7 of the Public Utilities Code of the State of California). 2. This Board proposes to issue on or after June 19, 1984, subdistrict bonds in the approximate amount of $239,317.06 for said Assessment District. The bonds for said special assessment district will be designated "South Tahoe Public Utility District Improvement Bonds, Supplemental Assessment District 1971-lA, Series 1984-1A". The amount of the bonds to be issued will not exceed the amount set forth above and may be somewhat less than said amount by reason of cash payments made by the owners of property prior to issuance of the bonds. Such bonds are to be issued by District under the Improvement Bond Act of 1915. Said special assessment district comprises less than the entire territory of District. 3. Section 58753 of the District Securities Investigatio~ Law of 1965 (Chapter 2.5, Division 2, Title 6 of the Government Code of the State of California) provides, in part, that the issuance of subdistrict bonds shall be subject to prior investigation, report and approval by the State Treasurer, D~str~cts Securities D~vis~on, whenever, the sum of the following amounts shall exceed 200 percent of the market value of land and improvements within the subdistrict as shown on the last equalized county assessment roll: (1) An amount equal to the subdistr~ct's share of any outstanding Distr~ct indebtedness, such share being in the proportion that the market value of land and ~mprovements w~thin the territory of such subdistr~ct bears to the market value of land and improvements w'~thin the entire territory of the Distr~ct; (2) An amount equal to the unpaid principal amount of all subdistr~ct bonds theretofore issued for said subd~strict; (3) The principal amount of the proposed bonds. The sum of the amounts specified at (1), (2) and (3) above with respect to the subd~strict described ~n paragraph 2 hereof does not exceed 200 percent of the market value of land a~d ~mprovements within sa~d subdistrict as shown on the last equalized county assessment roll. (See Exhibit "A" attached hereto and made a part hereof.) 4. This Board hereby determines that the issuance of the subd~strict bonds set forth in paragraph 2 hereof ~s not subject to prior investigation, report and approval by the State Treasurer. 5. The Clerk and Ex-officio Secretary of th~s District ~s d~rected to f~le a certified copy of th~s resolution w~th the State Treasurer at least fourteen (14) days prior to date of the issuance of the bonds. President 2 ATTEST' Clerk and ex,>off)cio Secretary I hereby certify that the foregoing is a full, true and correct copy of Resolution No. 233? duly and regularly adopted by the Board of Directors of the South Tahoe Public Utility District, E1 Dorado County, California, at a meeting thereof duly held on the i?th day of May , 1984, by the following vote: AYES, and in favor thereof, Directors' Maclclen, Wynn, Olson, Mason NOES, Directors' ABSENT, Directors: None Jones Clerk and ex officio Secretary South Tahoe Public Utility District Ao Market value of land and improvements (1983-84 roll)' I~ithin subdistrict Within Di strict $ 5,454;498 1,384,477,440 Proportion that subdistrict market value bears to District market value: 5,454,498 ~ 1,384,477,440 = 0.0039 B. (1) District's outstanding indebtedness' General obligation bonds Sewer revenue bonds Existing State loans for sewer Accrued interest on State loan (a) For Sewer Fund $2,665,000 1,240,000 456,647 212,470 Total $4,574,117 Subdistrict's share' 0.0039 x 4,574,117 = $ 17,839 (2) Unpaid p~incipal amount of prior issued suDdistrict bonds (3) Principal amount of proposed bonds Total of (1), (2) and (3) 1,416,000 239,317 $ 1,673,156 Co Percentage of subdistrict market value represented by sum of (1), (2) and (3)' 1,673,156 ~ 5,454,498 = 30.7% *(a) long-term payoff permitted SOUTH TAHOE PUBLIC UTILITY DISTRICT EXHIBIT A BOARD MEETING:/ DATE: May 17, 1984