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AP 03-16-00 oVy<H T'gh• p se et • 1950 •W* A; Co- 41,(p, uTusry ox SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" REGULAR BOARD MEETING AGENDA • Thursday, March 16, 2000 2:00 P.M. City Council Chambers 1900 Lake Tahoe Boulevard, South Lake Tahoe, California Robert G. Baer, General Manager Richard Solbrig,Assistant Manager .n:::.f{:r..:x::.Y::{.:Y'.w•::V:.:v4'{:{.:iw:r{:::V:N:r.�::::.�{:{{:::{{.•:{:::is!?.}:?{::::ti::4:tii:{::.:.v: .... .. ..... .. ... ... .....n. :........... Christopher H. Strohm,President BOARD MEMBERS Pembroke Gochnauer, Vice President James Jones, Director Ma Lou Mosbacher, Director Duane Wallace, Director r:h...: ::,::r. ;:r..:.•::.:.M..�::.v: ::::::<:.r:::::.::::::::::..:::.:::::::.:::::::::r::::::::::.::::::.�:.::::::::::::: •.:v::.:::::::.:::::::•.�:::.:.:::::::.::.:::.:•:::.:::: xxY: •Ytv •J 1. PLEDGE OF ALLEGIANCE 2. COMMENTS FROM THE AUDIENCE (Short non-agenda items - 5 minute limit.) 3. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR 4. CONSENT CALENDAR 5. REQUESTS TO APPEAR BEFORE THE BOARD (Action may be taken on this item.) a. Lewis Feldman,on behalf of Park Avenue Proponents,requesting waiver of Ordinance related to transferring of sewer hookups. 6. PRESENTATION a. Biosolids Disposal - Sludge Transport vs. Incineration (Ross Johnson) 7. CONSENT ITEMS BROUGHT FORWARD FOR ACTION / DISCUSSION 8. ITEMS FOR BOARD ACTION REQUESTED BOARD ACTION a. U.S. FOREST SERVICE SPECIAL DIRECT STAFF USE PERMIT FOR GARDNER MOEJF1TAIN WELL (Richard Solbrig) ti REGULAR BOARD MEETING AGENDA-MARCH 16, 2000 PAGE-2 b. GARDNER MOUNTAIN WELL PUMP APPROVE CONSULTANT SERVICES FOR AND CONTROL BUILDING CAROLLO ENGINEERS TO DESIGN (Richard Solbrig) ELECTRICAL COMPONENTS FOR THE WELL IN THE AMOUNT OF$27,200 c. CONTINUED WASHINGTON D. C. A)AUTHORIZE PROPOSAL FROM ENS REPRESENTATION RESOURCES IN THE AMOUNT OF (Bob Baer) $54,404;AND B)AUTHORIZE PROPOSAL FROM IMPACT STRATEGIES IN THE AMOUNT OF $60,000 PLUS EXPENSES d. BOARD WORKSHOPS DIRECT STAFF REGARDING (Bob Baer) SCHEDULING OF WORKSHOPS e. PAYMENT OF CLAIMS APPROVE PAYMENT IN THE AMOUNT $427,032.17 9. BOARD MEMBER COMMITTEE REPORTS a. Executive Committee (Strohm/Gochnauer) b. Finance Committee (Wallace/Gochnauer) c. Water&Wastewater Operations Committee (Jones/Strohm) .d. Planning Committee (Mosbacher/Gochnauer) 10. BOARD MEMBER AD HOC COMMITTEE REPORTS a. Special Litigation Ad Hoc Committee (Strohm/Wallace) • b. Federal Legislative Ad Hoc Committee (Wallace/Jones) 11. BOARD MEMBER REPORTS 12. GENERAL MANAGER/STAFF REPORTS a. Development of Position Paper (Dennis Cocking) 13. NOTICE OF PAST AND FUTURE MEETINGS/ EVENTS Past Meetings/ Events 03/08/00 - Employee Communications Committee Meeting 03/08/00 - Lake Tahoe Regional Water Preservation-Authority Meeting 03/08/00 - El Dorado County Agricultural Commission Workshop Water Issues 03/13/00 - Planning Committee Meeting 03/13/00 - Operations Committee Meeting 03/15/00 -Alpine County Agreements Meeting 03/16/00 - Special Board Meeting Future Meetings! Events 03/21/00 - 9p0 a.m. -Alpine County Regular Board Meeting at Markleeville • 03/21/00 -1:00 p.m. - Board Workshop 2000/01 Budget Review at District Office 03/21/00 -3:00 p.m. - Bi-weekly Lahontan Underground Storage Tank Meeting at District 03/21/00 -6:00 p.m. - City Council Regular Meeting at City Council Chambers REGULAR BOARD MEETING AGENDA-MARCH 16, 2000 PAGE -3 Future Meetings / Events (continued) 03/28/00 - 1:30 p.m. - Lake Tahoe Transportation and Water Quality Coalition Meeting at League's Office 04/03/00 -4:00 p.m. - Operations Committee Meeting at District Office 04/04/00 - 9:00 a.m. -Alpine County Regular Board Meeting at Markleeville 04/04/00 - 6:00 p.m. - City Council Regular Meeting at City Council Chambers 04/06/00 -2:00 p.m. - STPUD Regular Board Meeting at City Council Chambers 14. CLOSED SESSION a. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel Existing Litigation:Mountain Cascade Inc.,and Valley Engineers,Inc.vs.STPUD Board of Directors and STPUD, County of El Dorado, Superior Court Case No. SC20000050 b. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel Existing Litigation: Schwake v. STPUD, Federal Case No. CV-N-93-851-DWH c. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel Existing Litigation-STPUD v.ARCO,et al,San Francisco County Superior Court Case No. 999128 d. Pursuant to Government Code Section 54956.8/Conference re: Real Property Negotiations Negotiating Parties: District staff (Bob Baer, Richard Solbrig); District Board of Directors; U. S. Forest Service Under Negotiation: Property Terms Property Identification: APN 19-081-09 e. Pursuant to Government Code Section 54956.9(b)/Conference with Legal Counsel re: Pending Litigation (one case) f. Pursuant to Government Code Section 54957(a)/Conference with Labor Negotiators Agency Negotiators: Robert Baer,,Board of Directors Unrepresented Employee Position: District General Counsel g. Pursuant to Government Code Section 54957:6(a)/Conference with Labor Negotiators Agency Negotiators: Robert Baer, Board of Directors Employee Organization: International Union of Operating Engineers, Stationary Local 39, AFL-CIO h. Pursuant to Government Code Section 54957.6 (a) /Conference with Labor Negotiators Agency Negotiator: Robert Baer Employee Organization: STPUD Management Staff REGULAR BOARD MEETING AGENDA-MARCH 16, 2000 PAGE -4 15. ACTION / REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION 16. ADJOURNMENT South Tahoe Public Utility District•1275 Meadow Crest Drive,South Lake Tahoe,CA 96150•Phone 530.544.6474•Facsimile 530.541.0614 AGENDA ITEM 5_a SOUTH TAHOE PUBLIC UTILITY DISTRICT •1275 Meadow Crest Drive,South Lake Tahoe,CA 96150• •Phone 530.544.6474•Facsimile 530.541.0614• REQUEST TO APPEAR BEFORE THE BOARD 1. Name: Lewis Feldman/Feldman, Shaw & DeVore on behalf of the Park Avenue Proponents 2. Street Address: 2311 Lake Tahoe Boulevard 3. Mailing Address: 2311 Lake Tahoe Boulevard, South Lake Tahoe, CA 96150 4. Phone No.: 530.544.3731 Date: February 21, 2000 5. Date I wish to appear before Board: March 16, 2000 6. I have discussed this matter with a member of District staff: No Yes X If"yes": Name/Department of District contact: Committee 7. Staff Comments: The District favorably accommodates both the small and large redevelopment effort by offering the means to transfer sewer capacity rather than require a re-developer to pay the regular new connection fees. The District's criteria/conditions of transfer clearly define the"parcel" as the boundary over which sewer capacity can be transferred. The Project 1 Redevelopment Sites: Embassy Suites Hotel: Marina Village: EVR & the EVR Southwest corner, were all handled in accordance with the "parcel" as the boundary for each project. 8. Customer Comments: Please see attached letter. 9. Action I am requesting Board take: Please see attached letter. NOTE: COMPLETION OF THE ABOVE INFORMATION IS VOLUNTARY AND NOT A PRECONDITION FOR ATTENDANCE. FELDMAN, SHAW & DEVORE LEWIS S. FELDMAN A LAW CORPORATION NEVADA OFFICE LESLIE J. SHAW• TAHOE PLAZA PROFESSIONAL BUILDING POST OFFICE BOX 5445 DAVID L. DEVORE STATELINE, NEVADA 89449 MICHAEL J. McLAUGHLIN 2311 LAKE TAHOE BOULEVARD, SUITE I TELEPHONE(775)588-5311 CERTIFIED SPECIALIST-FAMILY LAW SOUTH LAKE TAHOE, CALIFORNIA 96150-7104 THE STATE BAR OF CALIFORNIA TELEPHONE (530) 544-3731 PLEASE REPLY TO:❑NEVADA OFFICE BOARD OF LEGAL SPECIAUZATION FAX (530) 541-5142 February 22, 2000 Board of Directors South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, California 96150 Re: Park Avenue Development Project/Sewer Unit Transfers Dear Board Members: On behalf of the Park Avenue Development proponents,I would like to take this opportunity to thank the Board and staff for its support concerning several design and service issues arising with respect to the Park Avenue Development Project. Staff has been constructive and creative in working with the project's consultants in finding mutually acceptable solutions. In addition, the proponents would like to thank your-Operations Committee members, Pembroke Gochnauer and Duane Wallace, for meeting with us on February 14, 2000, to discuss issues concerning the transfer and reallocation of sewer capacity. Diane Noble has been especially helpful and we very much appreciate her efforts with respect to this project. The additional purpose of this letter is to address the proponents' request to relocate sewer capacity within the project area without the District imposing transfer conditions and fees as set forth in Section 4.8 of the District's Administrative Code. We respectfully submit your transfer ordinance does not require imposition of these fees for the reasons set forth below. Section 4.8, entitled Sewer Capacity, acknowledges the District's adoption of rules and regulations to accommodate TRPA's program allowing the transfer of real property "attributes," sucfr as coverage, floor area, units of use, and utility services, including sewer FELDMAN, SHAW & DEVORE A LAW CORPORATION Board of Directors February 22, 2000 Page 2 capacity rights. (§§4.8.9-4.8.14.) The District's transfer program recognizes TRPA's land use policies and it is refreshing to observe regulatory consistency. Section 15.9.D of the TRPA Code of Ordinances provides: Relocation of Development: Relocation of development within a redevelopment project area shall be considered the same as a relocation of development on a single parcel and not subject to the provisions of Chapter 34 [setting forth requirements for transfer of development]. Thus,TRPA allows the use of development, or"attributes" or"units of use" as the District's Code refers to it,anywhere within a redevelopment project area without TRPA imposing the conditions of transfer required for transfer of development from one individual parcel to another. The Park Avenue Project proponents believe this logic is compelling as applied to sewer units located within a redevelopment project area. The Park Avenue Development Project area includes the 17 acres bounded by Embassy Suites,Highway 50,Van Sickle and Park Avenue and the on-site detention basin(Highway 50 and Pioneer Trail) and off-site detention basin (Pine Boulevard) , and the Crescent V Fashion Center. TRPA is allowing all existing development within this project area to be relocated within the project area free of transfer conditions. Since the District's transfer provisions were created to accommodate TRPA's transfer of development policy, the proponents respectfully submit the District should maintain administrative consistency and follow TRPA's policy concerning relocation of development rights within a redevelopment project area. Specifically, the proponents request the Board determine the relocation of sewer capacity within the project area is the functional equivalent of use within a legal parcel. Permitting sewer capacity relocation within the redevelopment project area without the imposition of transfer fees is thus consistent with both the TRPA Code and the District's Code. Moreover,to do so will facilitate significant area-wide environmental and economic enhancements, including replacement of 40-year-old plumbing fixtures with new low flow fixtures and,ultimately,the acquisition and removal of service stations threatening existing STPUD wells (Redevelopment Project No. 3). Please note,the Park Avenue Development will,at build out require several hundred additional sewer units and the proponents recognize the cost therefor and are not seeking relief from the fees and costs required by your ordinance FELDMAN, SHAW & DEVORE A LAW CORPORATION Board of Directors February 22, 2000 Page 3 with respect to additional capacity required. As you are well aware, downtown redevelopment has enjoyed unprecedented support from the regulatory, environmental, and business communities, including STPUD, for which the proponents again express their gratitude. Thank you for your consideration of the foregoing request. If you have any questions or concerns, please give me a call. Sincerely, FELDMAN, SHAW &DeVORE A Law Corporation i 9 . z 7 Lewis S. Feldman LSFL P1CTATZD BUT SIGNED IN HIS,'HPI..'u>. :+C.E cc: Park Avenue Proponents 9 "Pc a - PA-e4L ,jC 1.1.85 "Owner" is the legal owner of record of real property. 1.1.86 "Permittee" is the person(s) or entity that obtains a permit, as the context requires, from the District. 1.1.87 "Person" shall mean any individual, firm,partnership, corporation, limited liability company,joint venture, association or governmental entity. Governmental entity, as used in this Administrative Code, shall not include any local agency exempt from the application of the Ordinances, rules and regulations of the District pursuant to State law. 1.1.88 "Plumbing System" includes all plumbing fixtures and traps, soil, waste, special waste and vent pipes and all sanitary sewage pipes within a premises. 1.1.89 "Pollution" shall mean the presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the pubic health but which does adversely and unreasonably affect such waters for domestic use. 1.1.90 "Premises" is any property, equipment, or apparatus where or in which water is used or wastewater is discharged. 1.1.91 "President" shall mean President of the Board. 1.1.92 "Primary Parcel" is a parcel of real property to which sewer capacity rights are transferred. 1.1.93 "Private Fire Protection Service" shall mean the furnishing of water by the District for connection to a private fire sprinkler system or private fire hydrants. 1.1.94 "Private Sewer" is a sewer with an independent sewage disposal which is not connected with a public sewer and which accommodates one or more homes . ir 1.1.95 "Property" is a parcel of real property or structure, as the context requires, where or in which water is used or sewage is discharged. 1.1.96 "Property Line" shall mean the boundary between the District's easement or City or County right-of-way and the private property. 1.1.97 "Public Right of Way" is any public highway,road, street, avenue, alley, way easement, or other similar passageway, whether paved or unpaved. 1.1.98 "Public Sewer" is a sewer lying within a public right-of-way and which is controlled by or subject to the jurisdiction of District. 1-10 1.1.99 "Radius of Influence" shall mean the distance from the center of a well to the limit of the cone of depression. 1.1.100 "Restaurant" is a commercial establishment where meals can be purchased and eaten. 1.1.101 "Remodeling" means any construction activity which increases the livable space under the roof on a parcel and entails an expenditure in excess of$5,000. 1.1.102 "Reports" is a District form for reporting the results of tests, inspections, repairs, maintenance, relocations and replacement of backflow preventers. 1.1.103 "Rough Plumbing Inspection" is the inspection of all portions of the water and waste plumbing systems which can be completed prior to the installation of plumbing fixtures, from their connection point to the District's system up to and including those portions within the structure to receive service. 1.1.104 "Seating" shall mean any chair, stool, bench or similar place to sit at a commercial establishment for the purpose of eating or drinking. V1.1.105 "Secondary Parcel" is a parcel of real property from which sewer capacity rights are transferred. (Ord. No. 458.) 1.1.106 "Service Charges" shall mean rates, fees, and charges for water, sewer, special and street lighting services. 1.1.107 "Service Connection" shall mean the tapping of a District main and the laying of pipe from the main to the meter or curb-stop at the property line. 1.1.108 "Serviced Lands" are those lands lying within the District and abutting upon a public street upon which street lighting is afforded by the District. 1.1.109 "Service Station" is a commercial establishment providing fuel and maintenance for motor vehicles. 1.1.110 "Sewage" is a combination of water-carried wastes from buildings and industrial establishments which are connected to the District's sewer system or from any private sewer. 1.1.110 "Sewer" is a pipe or conduit which carries sewage or industrial wastes and to which storm, surface and ground water are not intentionally admitted. 1.1.111 " Sewer Lateral" is the part of the horizontal sewer piping beginning at the exterior wall of any building and terminating at the District's main sewer. 1-11 sewer capacity required on the parcel and that all fixtures on the parcel are low water-use fixtures. After such inspection, removal, and/or testing, and after approval of the application by the District staff,the excess sewer capacity shall immediately and irrevocably revert and be returned to the District as an unrestricted "available" sewer capacity. The adjusted service charge shall be effective as of the first billing cycle which covers a billing period entirely subsequent to the date of approval of the application. The owner of the parcel may re-acquire sewer capacity only in the same manner, with the same priority, and subject to payment of the same fees, as any other parcel which might need to obtain additional sewer capacity, and only if the District has available sewer capacity at the time the owner requests the additional service. The District shall not pay any compensation, or provide any other benefit, to the applicant or any other owner of or any person beneficially interested in the parcel for the returned sewer capacity except for the above-described rate adjustment. 4.8.4 Authority. No sewer capacity shall be issued which does not comply with the criteria set forth in this Section 4.8 or which would violate any law, including any order or judg- ment of a court of competent jurisdiction or the orders of competent governmental authorities, including the waste discharge orders of the California Regional Water Quality Control Board - Lahontan Region. 4.8.5 Inspection. Inspection of existing or new sewer piping, as provided in Section 4.4.10, may be required. 4.8.6 Existing Demand. When available estimates indicate that existing sewer capacity demand will exceed the sewer capacity available for issuance at the rate established by this Section 4.8, no further Change in Use sewer capacity shall be issued except upon action of the Board. Notwithstanding any of the provisions of this Section 4.8.7, the issuance of Change in Use sewer capacity shall be limited as provided in Sections 4.8.8, 4.8.9 and 4.8.16. 4.8.7 Application. Application for Change in Use sewer capacity shall be made on a form provided by the District and shall include complete plans and specifications for the contemplated work of improvement for which such sewer capacity is desired. The application shall not be deemed complete or received by the District unless and until it is accompanied by such plans and specifications. 4.8.8 Payment. All sums due to the District shall be paid before issuance of any Change in Use sewer capacity, including the sums specified by the District's Sewer, Water and Street Lighting Ordinances, and service charges and assessments shall continue to accrue from the date of issuance irrespective of whether or not such additional sewer capacity is then connected to the District's collection facilities. °if is." 4.8.9 Attributes. Attributes existing on developed property have been treated as 4-20 S additional, subordinate rights or privileges of that propertyand, depending upon whether such attributes were lawfully created, were permitted to continue. Such attributes include coverage, square footage within structures, uses, and utility services, including sewer capacity rights and water demand. 4.8.10 Transfer of Attributes. The Tahoe Regional Planning Agency,the City, and the County permit certain transfers of various attributes and the right to attributes from one property to another in accordance with the Amended Regional Plan for the Lake Tahoe Basin, including the "Growth Management Provisions" of its Code of Ordinances and local government codes. 4.8.11 Transfer of Sewer Capacity. Sewer capacity rights are and have been appurtenant to and inseparable from property. In order to accommodate the transfer programs of the Tahoe Regional Planning Agency, the City, and the County, the District has adopted rules and regulations from time to time regarding proposed transfer of the right to discharge into the collection, treatment, and export facilities of the District. 4.8.12 Transfer of Equity. District's existing customers have an equity credit equal to One Thousand Eighty-four dollars ($1,084)per sewer unit which may be used toward the current connection fees when transferring capacity rights. ✓ 4.8.13 Costs of Transferring Sewer Capacity. It is necessary and appropriate that the cost of transferring sewer capacity rights be paid by those who request such transfers to occur. t V 4.8.14 Conditions to Transfer. Transfer of capacity rights shall be limited to the following conditions, and no sewer permit shall be issued for a primary parcel until there is compliance with all of the following conditions: a) Conforming with General Plan. The use of the primary property shall conform to the applicable City or County General Plan. b) Approvals. The applicant for a transfer of capacity rights shall secure any prior approval of the transfer required from the City or County and the Tahoe Regional Planning Agency. c) Payment of Fees and Taxes. All existing sewer connection fees, transfer fees, sewer and water service charges, and the County property taxes shall be paid for the primary and secondary parcels. d) Satisfaction of Liens. All liens upon the secondary parcel of property shall be satisfied, or in the alternative,written concurrence shall be obtained from any lienholder,which written concurrence shall save the District free and harmless from any and all claims arising out of the transfer of capacity rights from the secondary parcel. e) No Change in Use. No transfer of capacity rights shall increase the estimated measurement of flow and strength of wastewater discharged to the treatment 4-21 , A facilities. f) Restoration to Natural Condition. No transfer of all capacity rights shall be made from a secondary property that has not had complete restoration to its natural condition. g) Removal of Sewer Lateral. Where all capacity rights are transferred from a secondary property,the lateral sewer connection(s) of the secondary property shall be removed, plugged and sealed in a manner satisfactory to the District within thirty (30) days after approval of the transfer. Physical inspection of the properly plugged sewer connection(s) shall be made by a District Inspector. h) Disconnection of Water Utilities. Where all capacity rights are transferred from a secondary property, all water service utilities for the secondary property shall be capped and disconnected to the satisfaction of the District within thirty (30) days after approval of the transfer. Physical inspection of the properly capped water connection(s) shall be made by a District Inspector. i) Exception to Disconnection and Removal. Where only a portion of the capacity rights of a secondary property are transferred, subsections 4.8.15(f), 4.8.15(g) and 4.8.15(h), above shall not apply. Any use which remains on the secondary property shall have sufficient sewer capacity to accommodate such use as determined by the District. j) Approval of Transfer. The Board authorizes the General Manager or his/her designee to approve transfer of capacity rights only after he/she finds the following: (i) That each and every foregoing provision of this Section 4.8 has been complied with; (ii) That the provisions of Sections 4.2.5, 4.2.7 and 4.6.4 for issuing a sewer permit to the primary property have been complied with; (iii) That a completed Transfer of Sewer Capacity Rights Application is submitted to the District. St 4.8.15 Additional Procedures. The District's Board may from time to time adopt, by Board action, additional procedures relating to the issuance of sewer capacity. • 4-22 P 3-00-2000 3= 05PM FROM r N 4 W W W c977 CC d W ! n < < \.. 2 Z Z. tr 4 Ce < x . < W J{ z t ! a a. 134,___ 41 Z :r o '"---57:.- Wd W VW / '� .� ,\ t �` 0 ` 4 ` O In Ual \ 7>. \ ''-' ...\V"-‘7;OWV *.j./AIIV V \\- 11Ci > 0. '1,\ ..,7:, _ - . - t. _,, - t- r„...-a.--- 6 ,,,),fr I. *--w...- cC 44 4 - '--InCa ' . : tu •\ , -,- 0 4410 ire.. 011 r, * 1 t.. * ' • - v" 0- '- \ v.A.a•-ets%!......t:- r____e;••••:;"- -.1 e, ...... .,,\ \1:--\\ .. 0 i f, tt ..... -CAW "-- n - „,„:00vii - ..,, \ r� .' . i� _ � to • 1 is im. w� e tit OM . Nam 3 , ,,....... ... ..„,„ .„:„.:. . ,..„..,,, ... E !1J ; AS MOS , J ' . '''. ��'i . 1, Z a :,..., oil O / '4..- • .- lJ.� 4 w .;,' r air ,, z. 1.4, -t 4 • .10 Y co \ al,_ - • «, , 1.., _..o (--N4rg et 0 to 6. ;el_,....taty. .... :0 7 . ..-.- , - . , t^ ► ° OP V » • �j/��14y�! -..t........„ ±� ate+'- ZS 1 • 1. �� .dam � - 7 Vt i'l..--' jr :too.4 a6- "`- : ~2L.: O 4. so a so a. o CI a t � :ipc _ .0 '� 'J 4 0 w '>'.. ' •�� L r- 4 In O. V f r..','u0 v r� .. ,.. _._,L::,, ....,,,,,.c �.., v/ .^J,r ,: V 2 gen SOUTH TAHOE PUBLIC UTILITY DISTRICT POSITION STATEMENT Date: 06 March 2000 Subject: Sludge Transport vs. Incineration Summary of Issue The South Tahoe Public Utility District has examined the relative merits of transport versus incineration of sludge. The conversion to sludge transport will be presented to the Board for discussion and approval on 16 March 2000. Start-up is currently projected in September 2001. Future Issues The District produces Class C sludge that would be transported in closed containers from the WWTP facility. The frequency of these shipments would be one per day as opposed to one every 10 days with incineration. The District has determined the advantages involved in transporting sludge mitigates the increased frequency of transports. Pros and Cons ► If an agreement with Bentley Agrowdynamics is reached utilizing our sludge in their compost operations, the District would have the distinction of recycling 100% of our wastewater and byproducts. ► No increase in plant odors with this process. ► A one-time conversion cost of$ 580,000 with annual operational savings of $107,000. (Payback in 5.2 years) ► In addition to operational savings, fewer natural resources (natural gas and electricity)would be consumed mitigating possible greenhouse effect concerns. ► Possibility of further savings with District owned and operated transports. Staff has determined that greater savings might be realized, however a cost/benefit analysis after start-up would be required. 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' - ; A,' ' 7:4-\- 1 " \,,,,,,..„,,A4.-,,,-- ..),"•b- ''' ' -\ .i, ok.lov revtall, ,tat-ttiv,1 :Mel- 2 , .;i3, t\, *?, ‘ae !‘., \ 1011.',1111-, - NN. Iv,Ist -11.1ovtt o41.o.t .:_._________ 1 \k) C•tivc‘:611\ k.lc,,Ivstca kwkov co:1kt ok olst'sitc o6ox,., klIC -,',.1111C 'X', 1.1,1C\, ate vto\N. • ‘11.11.,,, vt,,,:c.1 011.‘ 6oviiv,, ovikvolciAt. 1-)t.; C111010.‘ l',.V-ACt l'CIVIC111',_) Ot..101‘, vii lot ..if 770,, Citt11101 ‘7-7-7,7 k \O )c.1 II11.1k )0 I oc1,..\\ok \\ 1/4: c,ottl1 , , , -, ,1 :::: ,,,,k ::iiiitikotAx(iiii \\ c coultA v,wk Ole Iviculo;:kkol. C 0)13w voui 10 k tylvtic k :3,0"..,, E . A hat ial` a t:idt:• l cat sa ° The haute' and ultimately the I)istrict would he responsible. I ash involves similar risks. IA hat are otherplant‘,,, (. ()i.et.M^ Round I lilt IlJilt u�� tri Itcntl\ Incline II,inlinV to I3C1111y V tF tlauliny to I.ockvvowd ( arson (-It\ Iatilne_ to I andI'iII Rem) Spatl.; IIaulin�� to Ln�pire Iarn�s "Onehi itf l and CC(t't HienthitiOn I IaulinV l i��s��lids I,CSS Cypen,qvc than incineration Reduces air pollution I'rohahly equal in rcliahititv to lnCineranon Method of choice for sumroundin,2 plants •A nt.lt.'n °iOf and eco m -2 § 's sort l lt�ulin�� V iosoiids Not as cl,n11)1cy incineration Reduces O&\ vyOrl;lOad liicreaseS SOIid") handl n .! cal'acity 1 1iminatc< Some in-plant recycle 1�rt'l erred altenurti�e CI vision and 'Recommendatio n ConvCIA to It,tuling tall2001 \1aintain abtlity to use incinerators \t 1vv0 yeatis V1 oust case scenario laulm� options end Page 1 Sludge Disposal Alternative Analysis Revised March 15, 2000 Introduction On November 25 1992, EPA Administrator William Reilly signed the national Sewage Sludge Disposal Regulation commonly called"Part 503". Part 503 included sludge incinerator regulations requiring Continuous Emissions Monitoring Systems (CEMS). The expense of installing a CEMS prompted the Operations Department to consider alternative sludge disposal methods. The District must have a CEMS installed by July 1, 2000 to be in compliance with EPA regulations. The penalty for failure to comply is $10,000.00 per day. In June of 1999 the Bently Family Limited Partnership began composting sewage sludge hauled from the Douglas County Sewer Improvement District (Round Hill Plant), and from the Incline Village General Improvement District. Bently's nearby, apparently successful, composting operation provides another disposal option for the District. Bently has approached the District regarding biosolids composting and named the District on its EPA biosolids permit. What follows is a discussion of the advantages and disadvantages of hauling sludge to the Bently site versus incineration. Advantages to Sludge Hauling: Elimination of incinerator scrubber water and associated recycle flow. About 260 gpm of plant service water(#3 water) is used to scrub incinerator stack gases. This scrubber water is recycled back into the primary clarifier influent, contributing to the hydraulic loading of all downstream processes. Eliminating this recycle would add 260 gpm of hydraulic capacity to the plant. Due to the nature of the Final Pump speed control, most of the energy used to pump this water cannot be recovered. Plant hydraulic capacity is not currently a problem. Page 2 Reduced natural gas usage. The incinerator consumes about 92% of the natural gas used at the plant. Waste heat from the incinerator currently heats several onsite buildings, therefor some incinerator gas savings would be offset by new building heating costs. The estimated natural gas savings is $112,000.00/yr. Reduced gas volume usage would disqualify the District as a"transportation" customer, increasing the cost of the gas we buy 12%. Elimination of incinerator air emissions and emissions testing. Despite advanced air pollution control devices, the incinerators still contribute to air pollution. Hauling sludge would shift some of this pollution to haul vehicle emissions, but the net reduction in air pollution would be significant. Current annual incinerator emissions are 25,400 lbs. NOx, 9,373 lbs. CO, and 2,978 lbs. particulate. Required emission testing varies in cost and complexity averaging about $10,000.00/yr. The EPA requirement to install a CEMS would be eliminated if incineration were eliminated. Cost of a CEMS system is estimated at $180,000.00 plus annual operation and maintenance costs of $10,000.00. No ash disposal costs. The $27,000.00 cost of hauling ash to the Lockwood Landfill would be eliminated. Near elimination of incinerator maintenance. Randy Curtis estimates staff time maintaining the incinerator at $38,000.00 /yr. John Boyson estimates electrical staff time at $8,320.00. Equipment and part replacement, budgeted by Operations, Heavy Maintenance, and Electrical departments, averages $29,000.00/yr. Note that dewatering (centrifuge) costs would remain unchanged. Total annual incinerator maintenance is $75,320.00. Page 3 Reduced power costs: The following incineration support equipment could be turned off with an estimated annual power savings of$33,363.00. Equipment hp annual cost Combustion air blower 5 $1,685.00 ID fan 60 $20,220.00 ash screw 2 $674.00 economizer loop pump 10 $3,370.00 hot water loop pump 3 $1,011.00 bucket elevator 1 $337.00 furnace shaft drive 3 $1,011.00 afterburner air 7.5 $2,527.50 shaft cooling fan 7.5 $2,527.50 TOTAL 99 $33,363.00 Disadvantages to Sludge Hauling: Increased dependency on South Tahoe Refuse. While we already must rely heavily on STR for hauling grit, rags, and ash, our dependency would increase if they hauled sludge. STR's cost estimate to haul to Bently's facility is $280.00 per trip (two 20 yard bins per trip). High dependency on biosolids disposal site. The District would depend heavily on Bently as a biosolids treatment and disposal site. This dependancy could be reduced by keeping the incinerator permits active and/or hauling to the Lockwood Landfill as an alternative disposal site (at an additional cost of$37,000/year). Other agencies are paying Bently a$9.00 per ton tip fee for biosolids. Page 4 Modifications to the solids handling equipment. Equipment modifications fall into two categories: required modifications and optional modifications. Required modifications include a new biosolids conveyer system, a biosolids storage building equipped with odor scrubbing, and four transport bins. Required modifications would cost $580,000. Optional modifications may be desirable in the future to further enhance the hauling operation. Improved influent screening may be required to remove plastics to current compost standards. Costs for screening modifications are estimated at $160,000. Improved dewatering could produce a drier biosolids reducing hauling costs. As the existing centrifuges approach the end of their useful life,replacement with more effective dewatering units would be cost effective. Neighborhood truck traffic would increase. STR would haul about 336 loads of sludge per year, as opposed to 29 loads of ash per year. Estimating the volume of biosolids produced. The exact volume of sludge cake produced is unknown and must be estimated by indirect calculations. See the appendix of this report for an explanation of the methods used to estimate the biosolids volume. Page 5 Conclusions: A comparison of the anticipated O&M costs shows a annual savings of$106,649.00 per year is possible by switching to biosolids hauling. Comparison of the alternatives: Item (annual) incineration haul biosolids Power Costs $37,323.00 $3,370.00 tip fee $0.00 $50,544.00 haul fee $27,000.00 $94,080.00 sludge testing $2,000.00 $2,000.00 ash testing $2,000.00 $0.00 natural gas $144,000.00 $32,000.00 Incinerator maintenance $75,320.00 $0.00 new odor scrubber O&M. $0.00 $6,000.00 air testing $10,000.00 $0.00 TOTAL annual cost $297,643.00 $190,994.00 # of haul trips 29 336 District sludge cake production is estimated to be 36 cubic yards per day. Though sludge hauling is less expensive than incineration, the estimated $580,000.00 capital cost required to convert to hauling is significant. The danger of Bently's composting operation ending at some point in the future is a major concern. Page 6 Capital Cost Comparison: Capital costs to continue with incineration: CEMS $180,000.00 Incinerator Refractory/Hearth Rebuilds (2) $300,000.00 Total $480,000.00 Capital costs to convert to biosolids hauling: New Biosolids Building with Odor Control $580,000.00 Total $580,000.00 The following pages show the Net Present Value (NPV) for Incineration verses Hauling with an assumed 20 year equipment life. Note that the NPV for incineration is about -$4,200,000.00 and the NPV for hauling is about -$3,000,000.00. The NVPs are negative because they represent the cost of solids disposal. Over 20 years the District would save $1,200,000.00 by switching to hauling. 9 2010 . . 2008 5 $2,610 2007 $2 460 $2' $13'048 2006 $2 388 $12,668 $35,229 2005 12 299 2004 $2,319 $11,g41 $33 207 $34,203 $48,698 2003 $2,185 $2,251 $11,593 $32,239 $ $47,280 t10n 2001 20002 $2,122 $11,255 $31,300 $45,903 $98,07 lcin ra $21060 $10,927 $30,389 $44 6 92,634 $142,20 $10,609 }3,265 $89,936 $ $138,078 ear $2,000 $10,300 $28 644 29,504 $42,007 $134,056 $120,000 $10 000 $40,784 $84,773 $87,317 $130,1$ $0 sh testing $27 000 $27,810 $39 596 $82,304 $126,361 $340,080 sir testing $37 323 $38, 3 $791907 $122,680 $120,000 $450,175 76 ash hauling 77 580 $119,147 $0 $320,558 $75 320 $115,6$� $0 $422,157 $311,221 power cost cost $112,2?0 maintenance $109,00$0 $0 $293,356 0 natural gas $276,516 $284,812 2010 hearth rebuild $185,000 $268,4622009 $2,610 GEMS 5,643 2008 $2,534 2007 $2 460 $4,397 total cost $463,987 2006 $2,388 $4,145 $4 269 $7,829 NPV 2005 00 $7,601 2004 $2,319 $4,024 $7,379 ,$7 601 $7,829 5,94 2002 2003 $2,185 $2'251 $3,793 $3,907 $7,164 $7,379 $65,948 hauling 2001 $2,122 $6,956 $7,164 $64,028 $2 060 3 575 $ 3,682 $6,753 6,956 $62,163 $119,178 $122,753 Year $3,471,060 $ $6,556 $6,753 $62,33 $115,707 sludge testing $3,370$2,000 $6,365 6 556 $5$5g4 $112,336 $241,365 $6,180 $6 365 $ $56,888 $109,065 $205,209 power cost $6,000 $6,180 622 $55,231 $105,888 429 $499,232 $6,000 $52,060 $53' $102,804 $193+ building O&M $99 809 $187,795 odor scrubber O&M $50,544 $96,902 $182,326 tip fee $94,080 $177,015 hauling $590,000 $166,854 $171 X859 biosolids building $751,994 total cost $3,001,548 NPV $1,262,438 delta NPV 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 $2,688 $2,768 $2,852 $2,937 $3,025 $3,116 $3,209 $3,306 $3,405 $3,507 $3,612 $13,439 $13,842 $14,258 $14,685 $15,126 $15,580 $16,047 $16,528 $17,024 $17,535 $18,061 $36,286 $37,374 $38,496 $39,650 $40,840 $42,065 $43,327 $44,627 $45,966 $47,345 $48,765 $50,159 $51,664 $53,214 $54,810 $56,454 $58,148 $59,892 $61,689 $63,540 $65,446 $67,409 $101,224 $104,260 $107,388 $110,610 $113,928 $117,346 $120,866 $124,492 $128,227 $132,074 $136,036 $146,487 $150,881 $155,408 $160,070 $164,872 $169,818 $174,913 $180,160 $185,565 $191,132 $196,866 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $350,282 $360,791 $371,615 $382,763 $394,246 $406,073 $418,256 $430,803 $443,727 $457,039 $470,750 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 $2,688 $2,768 $2,852 $2,937 $3,025 $3,116 $3,209 $3,306 $3,405 $3,507 $3,612 $4,529 $4,665 $4,805 $4,949 $5,097 $5,250 $5,408 $5,570 $5,737 $5,909 $6,087 $8,063 $8,305 $8,555 $8,811 $9,076 $9,348 $9,628 $9,917 $10,215 $10,521 $10,837 $8,063 $8,305 $8,555 $8,811 $9,076 $9,348 $9,628 $9,917 $10,215 $10,521 $10,837 $67,927 $69,965 $72,064 $74,226 $76,452 $78,746 $81,108 $83,542 $86,048 $88,629 $91,288 $126,436 $130,229 $134,136 $138,160 $142,304 $146,574 $150,971 $155,500 $160,165 $164,970 $169,919 $217,706 $224,238 $230,965 $237,894 $245,030 $252,381 $259,953 $267,751 $275,784 $284,057 $292,579 Page 9 Appendix Estimating the volume of biosolids produced. Accurately estimating the volume of biosolids generated is critically important in determining the cost of sludge hauling. Three methods were used to estimate biosolids volume: solids balance, comparison with Douglas County Sewer Improvement District (DCSID), and empirical cake volume test. Solids balance: The solids balance method assumes all suspended solids entering the plant are captured and end up in the sludge. In reality 1.5% of solids leave the plant in the final effluent and significant solids (up to 30%) are generated in the activated sludge process by microorganism uptake of dissolved solids. The solids balance calculation is as follows: Calculate dry solids entering the plant: (5.0 MGD)(8.34 lbs./gal.)(167 mg/L influent SS) = 6964 lbs. dry solids/day Add the volume taken up by the 80% water contained in the sludge cake: 6964/(20% cake solids)(8.341bs./gal)(7.45 gal/cu.fl.) = 558 cult./day 558 cu.ft. /27 cu.ft./cu.yrd =21 cu.yrds./day Adjust for microorganism conversion of dissolved solids (+30%): 21 cu. yrd. (130%) =27 cu. yrds./day J . ( 7 r Page 10 Comparison with DCSID: The DCSID operation is very similar to the District's but with about half the flow. DCSID is able to dewater sludge to an average 30% solids verses the District's 20% solids. The solids figures below are adjusted to assume 33% more water in STPUD's dewatered biosolids. The following data is from the four-month period between June 1, 1999 and September 30, 1999: DCSID STPUD total plant influent 314 MG 587 MG tons hauled 753 1872 STR truck trips 45 112 wet tons per day 6 15 yards hauled 1800 4475 4 month cost $19,377.00 $48,177.76 Bold type represents actual measurements, all others are estimates. Extrapolating on the information from DCSID, STPUD would produce 36.6 cubic yards per day. Empirical cake measurement. Operators measured the volume of cake produced over a known period of time. The measurement was accomplished by timing the filling of the incinerator drop chute, a known volume. Several trials were run by each shift and the average daily production calculated at 39.6 cubic yards/day. Conclusion The average of all three sludge cake volume measurement methods is 34.4 cubic yards/day. Based on the above information, 36.0 cubic yards/day was selected as a best estimate of STPUD's sludge cake production and 36.0 cubic yards/day is used for all calculations in this analysis. 1 • 4 P0. Box 127 Minden, Nevada 89423 r BENTLY Telephone (782-1877 782-9309 BIODYNAMICS'" Fax:E-mail: ioni.compston@benily corn 13 March 2000 Ross Johnson 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Dear Ross Johnson: Biosolids Pending further negotiation and approval, Bently Biodynamics is interested in setting up a contract to receive biosolids from South Tahoe Public Utility District. Our current contracts require a tipping fee of $9.00 per ton and I would like to suggest that any contract with STPUD follow the same format as our current contracts. If you have any further questions, please contact me at(775)782-9309. Sincerely, jefni) U.7 -tali) Toni Compston-Wells Technical Environmental Manager Bently Biodynamics 1;;) '4•A California Regional Water Quality Control Board Nuor Lahontan Region Winston H.Hickox Internet Address: http://www.mscomm.com/—rwgcb6 Gray Davis Secretary for 2501 Lake Tahoe Boulevard,South Lake Tahoe,California 96150 Governor Environmental Phone(530)542-5400•FAX(530)544-2271 Protection February 3, 2000 Ross Johnson,Manager of Wastewater Operations South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Dear Mr.Johnson: HAULING OF SLUDGE FOR COMPOSTING INSTEAD OF INCINERATION On January 13, 2000, you notified the California Regional Water Quality Control Board-Lahontan Region (Regional Board)that the South Tahoe Public Utility District(District)was looking into the possibility of hauling sludge to Bently's composting operation located in the Carson Valley. Currently the sludge generated by the District's operations is incinerated and the ash is transported to the Lockwood Landfill in Nevada. In accordance with Waste Discharge Requirements prescribed in Board Order No. 6-95-65 and pursuant to California Water Code Section 13260 (c), "any proposed material change in the character of the waste, manner or method or treatment or disposal,...shall be reported to the Regional Board at least 120 days in advance of implementation of any such proposal. " Besides notification, which you have provided,the Regional Board does not require any other reporting requirements. Hauling the sewage sludge out of the Lake Tahoe Basin for composting is acceptable. However, please be aware of Section 13951 of the Porter-Cologne Water Quality Control Act which states, in part,that on or after January 1, 1972, waste from within the Lake Tahoe watershed shall be placed only into a sewer system and treatment facilities sufficient to handle and treat any such waste and transportation facilities sufficient to handle and treat any such waste and transportation facilities sufficient to transport any resultant effluent(i.e. sewage sludge) outside the Lake Tahoe watershed. If you have any questions regarding this letter,please contact me at(530) 542-5436, or Mary Fiore at (530) 542-5425. Sincerely, Lauri Kemper, P.E. Senior Water Resource Control Engineer Lake Tahoe Watershed MFF/shT:STPUDsludget.doc [TPUD WWTP] California Environmental Protection Agency os) Recycled Paper ,.. A g-24-99 04:23P S.TAHOE REFUSE 916 541 1710 P.01 SOUTH TAHOE REFUSE,INC. 2140 Ruth Ave. South Lake Tahoe,CA 96150 Telephone 916 541-0366;Fax 916 5414710 Proprietary informatloan-This is not a public document To: Ross Johnson,Operations Engineer,STPUD Fax: 541-0614 From: Jeanne Lear,South Tahoe Refuse,Inc. Fax: 541-1710 Phone: 541-0366 Date: AugwF 19, 1999 The f llowiptg cost estimates are provided at your request for hauling sludge to both ickla4dfill and to Sently's composting operation in the Carson Valley.Our estimates covelod 1 costs, i.e.,equipment,labor,insurance,unless otherwise noted. We are assuming a generation of 21 tons per day,7 days a week,21%solids. We would anticipate transporting two sludge bqxes pOr trip,which would be more cost effective for your agency. Lockwood 5 hrs. pie p.transport and return"' S 330 Tip fee$115 per ton' $240 &timate per trip S 590 Bendy 4 hrs. pickup,transport and return $ 2110 Tip fee to be negotiated between Beady and STPUD The . it it fee for sludge at Lockwood would remain the same as your ash permit, $400 ply y-. However,Washoe County Health will require quarterly TCLP testing and paint- r t .ng on each load Our shop is recommending against retrofiting your current 20 y , s for sludge.New containers,with lids,cost about$7,000.00 each. Tip tee at t.pckwgod for 40 CFR 503 Class C requiring immediate burial.Tip fees can be reduced to$8.38 per ton if Class A standards arc met. 5001"H TARD� • t Safer 0950 .401..0 �C (r LJTY D� CONSENT CALENDAR MARCH 16, 2000 ITEMS REQUESTED ACTION a. DISCONNECTION PROCEDURES FOR AUTHORIZE IMPLEMENTATION OF THE DELINQUENT SEWER AND/OR WATER TWO-WEEK DISCONNECTION PRO- ACCOUNTS CEDURES FOR DELINQUENT ACCOUNTS (Christene Garcia) b. ALPINE COUNTY'S SUMMER 2000 FISH AUTHORIZE PAYMENT TO ALPINE PURCHASES COUNTY IN THE AMOUNT OF (Linda Brown) $28,750 c. SHER FUNDING FOR MTBE ADOPT RESOLUTION NO. 2704-00: CONTAMINATION AUTHORIZING A CLAIM FOR FINANCIAL (Nona Reid) ASSISTANCE FROM THE CALIFORNIA DRINKING WATER TREATMENT AND RESEARCH FUND AND FURTHER AUTHORIZING CERTAIN OFFICERS OF THE DISTRICT TO ACT ON BEHALF OF THE DISTRICT FOR ALL FIDUCIARYAND ADMINISTRATIVE REQUIREMENTS THEREOF d. BIJOU PUMP STATION EQUIPMENT AUTHORIZE STAFF TO ADVERTISE FOR UPGRADE BIDS FOR PURCHASE OF PUMPS AND (Nick Zaninovich) MOTORS e. ADMINISTRATIVE ASSISTANT POSITION: AUTHORIZE PURCHASE ORDER TO THE TEMPORARY HELP SUBSTITUTE PERSONNEL SERVICE IN (Kathy Sharp) THE TOTAL AMOUNT OF $20,400 f. REGULAR BOARD MEETING MINUTES: APPROVE MINUTES FEBRUARY 3, 2000 (Kathy Sharp) e^ South Tahoe Public Utility District•1275 Meadow Crest Drive,South Lake Tahoe,CA 96150•Phone 530.544.6474•Facsimile 530.541.0614 SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Christene Garcia, Customer Service Representative RE: BOARD MEETING March 16, 2000 AGENDA ITEM: ACTION ITEM NO: CONSENT CALENDAR ITEM NO: 4.a ITEM-PROJECT NAME: DISCONNECTION PROCEDURES FOR DELINQUENT SEWER AND/OR WATER ACCOUNTS REQUESTED BOARD ACTION: Authorize implementation of the two-week disconnection procedures for delinquent accounts. DISCUSSION: The accounts on the accompanying list are all seriously delinquent. The appropriate parties have been sent a five (5) day notice of this meeting by certified mail in accordance with the District Administrative Code sections providing for payment and collection of water, sewer, and street lighting charges. If some of the accounts are paid prior to the Board meeting, staff will present a revised list to the Board on the day of the Board meeting. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: List of delinquent accounts. CONCURRENCE VILTH REQUESTED ACTION: CATEGORY: GENERAL MANAGER: n YES ? om., NO GENERAL CHIEF FINANCIAL OFFICER: YES4/44 -c. NO WATER X SEWER X ti REVISED BOARD LIST FOR MARCH 16, 2000 CONSENT ITEM NA ACCOUNTS SUBMITTED FOR AUTHORIZATION OF DISCONNECTION PROCEEDINGS March 16,2000 1.EM ACCT.# NAME SERV.ADDRESS AMT.DUE 1 23-471-13-009-01 David Revoir 873 Tata Ln $247.63 iz5 - 2 3-644-07-003-01 James Gennarini 730 Tahoe Island Dr $200.64 ' 3 23-645-23-007-01 Alfred Pedigo 727 Hazel Dr $225.56 4 23-653-11-006-01 Vivianne Sulezich 824 Tahoe Island Dr $242.51 Pi* ICO- 5 23-682-29-007-01 John Holland 928 Council Rock Ave $268.98 6 23-683-03-000-01 Charles Soderman 960 Linda Ave $240.60 7 233694 24 903 94 Nita Tomer 726 Wcntweedt-Ln $�9•i.Ed thoe P .. : . 9 25-112-12-005-01 William Haskin 1573 Black Bart $220.38 PA ‘So 10 25-312-13-003-01 William Haskell 1573 Black Bart Ave $220.38 pii 1Eo - 11 25 313 01 006 01 Alfred Gallegos 1589 Black Bart Av- . i 12 25-612-09-004-01 Richard Thomas 2301 Cold Creek Tr $225.88 pck too - Pc 13 25-702-08-005-01 Blackman&Maxwell 1129 Herbert Ave#B $250.60 . .. . • 15 26-023-22-006-01 George Dupuy 716 Lakeview Ave $249.81 • • ---17 26 07•2 12 094 94 Joycc Pctcr3on 825 Alameda-Ave $213:29 10 26 982 9I 996-94 Cog 3140 Pasado.la - • - 19 26-221-40-008-01 John Lescoe 958 Edgewood Ave $211.83 26-243-15-004-01 Frank Wight 947 Gold Tip Ave $264.28 r % • .. .. • '. •. . . .S . - , 2 3 27-203-09-000-01 Verdella Bautista 3579 Betty Rae Ave $352.10 24 27-204-11-004-01 Jacob Epperson 1148 Bowers Ave $512.16 2 5 27-312-23-003-01 Chris Robb 3616 Birch Ave $474.53 2 7 29-013-1-04-04 -94 Maria Barecllos 4002 Pine Blvd $249.81 -- 2 8 29 3-5.1-13.097.01 Robert Ilcnry 1035- Mess ltd $415.86 3 9 29 3?5 09 094 04 Charles Dell 1997 Churrokib Rd $276.24 3 0 29-391-02-006-01 Earl Heltsley Jr 1084 Chonokis Rd $753.96 31 29-402-09-006-01 Robert Peacon 3858 Steven Ln $339.68 32 30-363-21-002-01 Christiana Inn 3819 Saddle Rd $2275.95 3 3 31-030-25-007-01 Gary Shidaker 960 Link Rd $278.21 Abe 31 082 11 908 04 Bennis Kelly 2665"ehria rrvz $ - - .- 3 6 31-154-01-006-01 Cy Barnett 1118 Carson Ave $266.91 3 8 31-186-19-000-01 David Sargent 2542 Alma Ave $339.85 3 9 31-241-17-007-01 Trout Creek Motel 2650 LakeTahoe Blvd $371.75 4 0 31-281-13-002-01 Kristen Duane 2499 Conestoga Ave $1045.83 41 31-284-25-000-01 Joan Benson 940/44 Silver Dollar $1078.84 4 2 . 32-142-06-009-01 Garrick Black 11282 Bonanza Ave $1797.68 43 32-161-13-005-01 Sierra Hills MPH 1333 Bonanza Ave $3052.54 • 4 5 33-273-16-000-01 Pamela Atwood 834 Mule Deer Cir $204.64 33-353-14-005-01 Terry Domnick 768 Zuni Ave $240.45 r I 4 8 33-441-06-004-01-4 Don Solley 1323 Mt Diablo Cir $306.21 9 Up- 33-492-0 6-01 Robert Krzaczek 795 Little Bear Ln $352.10 5 0 33-7 3-02-008-01 John Hays 1626 Omaha St $402.71 Pet v10.. 51 34-221-24-002-01 Jeff Scott 1612 Choctaw Ave $401.88 52 3A23-020.08-01 David Burnam 1078 Magua St $355.39 5 3 34-421-03-002-01 Dennis 0 Connor 1787 No Upper Truckee Rd $424.74 55 35-142-01-007-01 Gerry Deyoung 1136 Mulberry Dr $396.94 56 80-071-33-005-01 Henry Kostecki 1844 Susquehana Dr $397.97 £harms-Barak 1.740-Cry ts1-,4ir-Br 33132755 TOTAL DUE $24,900.43 ACCOUNTS SUBMITTED FOR AUTHORIZATION OF DISCONNECTION PROCEEDINGS March 16,2000 ITEM ACCT.# NAME SERV.ADDRESS AMT.DUE 1 23-471-13-009-01 David Revoir 873 Tata Ln $247.63 2 23-644-07-003-01 James Gennarini 730 Tahoe Island Dr $200.64 3 23-645-23-007-01 Alfred Pedigo 727 Hazel Dr $225.56 4 23-653-11-006-01 Vivianne Sulezich 824 Tahoe Island Dr $242.51 5 23-682-29-007-01 John Holland 928 Council Rock Ave $268.98 6 23-683-03-000-01 Charles Soderman 960 Linda Ave $240.60 7 23-694-24-003-01 Nina Tanner 726 Wentworth Ln $201.02 8 23-735-08-007-01 Danny Lukins 2360 Washington Ave $250.60 9 25-312-12-005-01 William Haskin 1573 Black Bart $220.38 10 25-312-13-003-01 William Haskell 1573 Black Bart Ave $220.38 11 25-313-01-006-01 Alfred Gallegos 1589 Black Bart Ave $208.19 12 25-612-09-004-01 Richard Thomas 2301 Cold Creek Tr $225.88 13 25-702-08-005-01 Blackman&Maxwell 1129 Herbert Ave#B $250.60 14 25-764-03-006-01 - Ray Sackheim - 1386 Fraint Dr $205.04 15 26-023-22-006-01 George Dupuy 716 Lakeview Ave $249.81 16 26-025-12-002-01 Marilyn Keller 773 Merced Ave $330.00 17 26-072-12-004-01 Joyce Peterson 825 Alameda Ave $213.29 18 26-082-01-006-01 Carol Haag 3140 Pasadena Ave $285.64 19 26-221-40-008-01 John Lescoe 958 Edgewood Ave $211.83 2 0 26-243-15-004-010- Frank Wight 947 Gold Tip Ave $264.28 21 26-263-06-001-01 Robert Ormaas 2901 Freel Peak Ave $216.79 22 27-154-09-005-01 Vincent Medi 1161 Sonora Ave $282.17 2 3 27-203-09-000-01 Verdella Bautista 3579 Betty Rae Ave $352.10 24 27-204-11-004-01 Jacob Epperson 1148 Bowers Ave $512.16 2 5 27-312-23-003-01 Chris Robb 3616 Birch Ave $474.53 2 6 28-162-33-007-01 Morgan Johnson 3980 Crest $274.84 2 7 29-081-04-017-01 Maria Barcellos 4002 Pine Blvd $249.81 2 8 29-351-13-007-01 Robert Henry 1035 Moss Rd $415.86 2 9 29-375-09-004-01 Charles Bell 1097 Chonokis Rd $276.24 3 0 29-391-02-006-01 Earl Heltsley Jr 1084 Chonokis Rd $753.96 31 29-402-09-006-01 Robert Peacon 3858 Steven Ln $339.68 32 30-363-21-002-01 Christiana Inn 3819 Saddle Rd $2275.95 3 3 31-030-25-007-01 Gary Shidaker 960 Link Rd $278.21 34 31-082-11-008-01 Dennis Kelly 2605 Chris Ave $209.72 3 5 31-152-06-009-01 Kevin Jamieson 2616 Armstrong Ave $219.39 3 6 31-154-01-006-01 Cy Barnett 1118 Carson Ave $266.91 3 7 31-182-06-006-01 Lionel Jackson 2524 Osborne Ave $264.30 3 8 31-186-19-000-01 David Sargent 2542 Alma Ave $339.85 3 9 31-241-17-007-01 Trout Creek Motel 2650 LakeTahoe Blvd $371.75 4 0 31-281-13-002-01 Kristen Duane 2499 Conestoga Ave $1045.83 41 31-284-25-000-01 Joan Benson 940/44 Silver Dollar $1078.84 4 2 32-142-06-009-01 Garrick Black 11282 Bonanza Ave $1797.68 43 32-161-13-005-01 Sierra Hills MPH 1333 Bonanza Ave $3052.54 4 4 32-281-42-000-01 Cherie Johnson 1222 Margaret Ave $259.40 4 5 33-273-16-000-01 Pamela Atwood 834 Mule Deer Cir $204.64 4 6 33-275-17-003-01 Lisa Miller 773 Elk Point Dr $208.47 o- 4 7 33-353-14-005=01 Terry Domnick 768 Zuni Ave $240.45 4 8 33-441-06-004-01 Don Solley 1323 Mt Diablo Cir $306.21 4 9 33-492-02-006-01 Robert Krzaczek 795 Little Bear Ln $352.10 5 0 33-783-02-008-01 John Hays 1626 Omaha St $402.71 51 34-221-24-002-01 Jeff Scott 1612 Choctaw Ave $401.88 52 34-323-04-008-01 David Burnam 1078 Magua St $355.39 5 3 34-421-03-002-01 Dennis 0 Connor 1787 No Upper Truckee Rd $424.74 54 34-683-15-000-01 Gerald Dignam 1540 Zapotec Dr $455.01 55 35-142-01-007-01 Gerry Deyoung 1136 Mulberry Dr $396.94 5 6 80-071-33-005-01 Henry Kostecki 1844 Susquehana Dr $397.97 57 81-102-35-002-01 Thomas Borek 1740 Crystal Air Dr $382.55 TOTAL DUE $24,900.43 c SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Linda Brown, Purchasing Agent RE: BOARD MEETING March 16, 2000 AGENDA ITEM: ACTION ITEM NO: CONSENT CALENDAR ITEM NO: 4.b •:.•:.. n ,: . •; :r s.N.,,,,.•..•...•..-:.:.-..m••..,..-,•r:w, ,..,•::•:...-r..•r:.•n-.. •:::... •.a.,,.•.r.a..w.a..... ITEM-PROJECT NAME: ALPINE COUNTY'S SUMMER 2000 FISH PURCHASES REQUESTED BOARD ACTION: Authorize payment to Alpine County in the amount of$28,750 DISCUSSION: In accordance with the fifth amendment of the Alpine County Agreement: 1) Alpine County has provided the District with a quote for catchable Rainbow trout. 2) The Alpine County Fish & Game Commission has again decided to purchase all fish from the vendor with the lowest quote and at the same prices as the last three years. The price is reasonable. 3) Payment should be made to Alpine County by April 15, 2000. Staff has audited the Summer 1999 fish purchases and all but $200 of the funds were spent. The contract allows for the carryover of those funds. SCHEDULE: By April 15, 2000 COSTS: $28,750 ACCOUNT NO: 1028-6649 BUDGETED AMOUNT REMAINING: $32.500 ATTACHMENTS Quote CONCURRENCE.WITH REQUESTED TION: CATEGORY: GENERAL MANAGER: YES / NO GENERAL CHIEF FINANCIAL OFFICER: YE ar-Ven<..NO WATER SEWER X ALPINE COUNTY FISH BUDGET - SUMMER 2000 PAYABLE TO: COUNTY OF ALPINE DUE: APR 15, 2000 PAYMENT AUDITOR & RECORDER ACCT: 1028-6649 FISH TRUST ACCOUNT P.O. BOX 266 MARKLEVILLE, CA 96120 CATCHABLE RAINBOW TROUT PRICES AMERICAN TROUT & SALMON 15,000 LBS @ 1 .85 = 27,750 PLUS STREAM STOCKING CHARGES 10,000 LBS @ .05 = 500 STREAM STOCKING - VOLUNTEERS 10,000LBS @ .05 = 500 Alpine County uses this value to purchase more fish TOTAL DUE: $ 28,750 H:\alpine$.bgt M JIB •••• . • American Trout & Salmon Co. /DAVID FALAND P.O.BOX 1702,SUSANVILLE,CALIFORNIA 96130•TELEPHONE 4346)257-5531 •CELLULAR 4346)251-6116 : RAT Or Alpine Co Fish & Game Commission 2\2\00 Dave Zellmer Boz 3 Markleeville CA 96120 Dear Dave: Thanks once again for allowing me the oportunity to stock your lakes and streams in Alpine Co. I hope everyone was happy with the trout I planted last year. Prices for 2000 are the same as last year: Catchables SI.85/lb Trophy 52.25/lb add S.05 for stream stocking with approx. 20 drop-off points along various streams and volunteer help I am anticipating supplying 1500{) lbs for 2000. If this is not correct please let me know as soon as possible. Take care, c7 Sincerely, k • David McFarland — Facilities for Propagation of Trout and Salmon — HATCHERY • EGGS • BROODSTOCK • FEEDING PONDS SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Nona Reid. Grant Financial Administrator RE: BOARD MEETING March 16. 2000 AGENDA ITEM: ACTION ITEM NO: CONSENT CALENDAR ITEM NO: 4.c ..... .... : ...... .. ITEM-PROJECT NAME: SHER FUNDING FOR MTBE CONTAMINATION REQUESTED BOARD ACTION: Adopt Resolution No. 2704-00:Authorizing a claim for financial assistance from the California Drinking Water Treatment and Research Fund and further authorizing certain officers of the District to act on behalf of the District for all fiduciary and administrative requirements thereof. DISCUSSION: This resolution is necessary to claim reimbursement funding. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: Resolution No. 2704-00 CONCURRENCE WITH REQUESTED TION: CATEGORY: GENERAL MANAGER: YESten--- NO GENERAL CHIEF FINANCIAL OFFICER: YE�6(y.Aw,em�. NO WATER X SEWER X RESOLUTION NO. 2704-00 A RESOLUTION OF THE BOARD OF DIRECTORS 1 OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AUTHORIZING A CLAIM FOR FINANCIAL ASSISTANCE 2 FROM THE CALIFORNIA DRINKING WATER TREATMENT AND RESEARCH FUND AND FURTHER 3 AUTHORIZING CERTAIN OFFICERS OF THE DISTRICT TO ACT ON BEHALF OF THE DISTRICT 4 FOR ALL FIDUCIARY AND ADMINISTRATIVE REQUIREMENTS THEREOF 5 6 WHEREAS, subdivision (c) of Section 1 16367 of the California Health and Safety 7 Code establishes the Drinking Water Treatment and Research Fund in the State Treasury 8 for the State of California (the "Drinking Water Fund"); and 9 WHEREAS, the Drinking Water Fund may be used to make payments to a public 10 water system, such as that owned by the South Tahoe Public Utility District (District), for 11 certain costs associated with (1) the treatment of groundwater and surface water used 12 for drinking water purposes that have been contaminated by an oxygenate added to motor 13 vehicle fuel, (2) the investigation of the possible source of contamination by such an 14 oxygenate, and (3) to pay for the costs to acquire alternate drinking water supplies to 15 replace supplies contaminated by such an oxygenate; and 16 WHEREAS, the District believes that its domestic water supply is contaminated by 17 an oxygenate at levels sufficient to make claims for reimbursement from the Drinking 18 Water Fund; and 19 WHEREAS, the appointment of an authorized representative of the District to act 20 on behalf of the District for all fiduciary and administrative requirements of the Drinking 21 Water Fund is required for the consideration of the District's claim; 22 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED by 23 the Board of Directors of the South Tahoe Public Utility District as follows: 24 1 . That the filing of claims for reimbursement for costs incurred in the 25 investigation and treatment of the District's water supply, contaminated by oxygenates 26 added to motor vehicle fuels, and for the acquisition of alternative drinking water supplies 27 to replace supplies contaminated by such an oxygenate, is hereby approved. 28 2. --" The District's General Manager or, in his absence, the Chief Financial Officer Resolution No. 2704-00 1 Page 2 2 for the District, is hereby authorized to prepare, approve, execute, and submit, those 3 documents necessary for the submission of any claims against the Drinking Water Fund, 4 and to take such other action necessary to seek reimbursement for costs incurred by the 5 District in accordance with Section 1 , above. 6 3. The District's General Manager or, in his absence, the Chief Financial Officer 7 for the District, is hereby authorized to act on behalf of the District for all fiduciary and 8 administrative requirements of the Drinking Water Fund. 9 4. A copy of this Resolution, certified by the Secretary to the Board of 10 Directors, shall be forwarded along with any claim or application for reimbursement under 11 the Drinking Water Fund. 12 PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public 13 Utility District at a duly held regular meeting on the 16th Day of March, 2000 by the 14 following vote: 15 AYES: 16 NOES: 17 ABSENT: 18 19 20 21 Christopher H. Strohm, Board President South Tahoe Public Utility District 22 23 24 25 26 ATTEST: 27 Kathy Sharp, Clerk of the Board and Ex-Officio Secretary to the Board of Directors 28 SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Nick Zaninovich, Associate Engineer RE: BOARD MEETING March 16, 2000 AGENDA ITEM: ACTION ITEM NO: CONSENT CALENDAR ITEM NO: 4.d ITEM-PROJECT NAME: BIJOU PUMP STATION EQUIPMENT UPGRADE REQUESTED BOARD ACTION: Authorize staff to advertise for bids for purchase of pumps and motors. DISCUSSION: Staff recommends Board authorize staff to advertise for bids for replacement pumps and motors for the Bijou Pump Station. SCHEDULE: As soon as possible. COSTS: $125,000 ACCOUNT NO: 1002-8987 BUDGETED AMOUNT REMAINING: $109,890 ATTACHMENTS: CONCURRENCE..WITH REQUESTED TION: CATEGORY: GENERAL MANAGER: YE NO GENERAL CHIEF FINANCIAL OFFICER: Y S Pik/fry-4-NO WATER SEWER X SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Kathy Sharp, Executive Secretary RE: BOARD MEETING March 16, 2000 AGENDA ITEM: ACTION ITEM NO: CONSENT CALENDAR ITEM NO: 4.e jrt mRt.f.f:x.•n..n..vJN\...tuv.v.n......t.n...n...•....V.•n./.n•.1Y'w"nvnW.vhtvnttv.•l.`1n11'f....•nR......f...nffN..vx'':1:.2'.:...........f........4.nt....::.Kv....f:..t.t.t.....n....t.f.............xfAff......�......:f.............. t { •M ITEM-PROJECT NAME: ADMINISTRATIVE ASSISTANT POSITION: TEMPORARY HELP REQUESTED BOARD ACTION: Authorize purchase order to the Substitute personnel service in the total amount of $20,400 DISCUSSION: The Admin. Department has received the services of a temporary employee from Substitute since July, 1999 to fill in for a permanent employee who has taken an interim position in another department. The budgeted salary for the full time permanent employee has been utilized to pay for these services, totaling $14,400 to date. It is anticipated that the temporary staffing needs will continue through the end of May, at a cost of an additional $6,000. SCHEDULE: COSTS: $20,400 ACCOUNT NO: Transfer an additional$3,600 from 1021-4101 to 1021-4405, and$2,400 from 2021-4101 to 2021-4405 BUDGETED AMOUNT REMAINING: ATTACHMENTS: None CONCURRENCE WITH REQUESTED ACTION: CATEGORY: GENERAL MANAGER: YES/Ie. NO GENERAL CHIEF FINANCIAL OFFICER: YE ,wievv--e NO WATER X i SEWER X Consent Item 4.f ,";"' 4 SvTH TAy� " 124'; ts.*\„1:.6) Ve& '45,7,741 rftiph ® ,p, 6,0 Vel' .R0950 •4419, :(. A iLrrY &*1\ SOUTH TAHOE PUBLIC UTILITY DISTRICT401 "Basic Services for a Complex World" Robert Baer, General Manager Richard Solbrig, Assistant Manager m K•i:4%.WF.:sr4Gz';aicsra»woe:x:•�•Pcxu^Y•::+'tw'�'+•-x+M4ctcF•,F,,•••..:Y:-assn,.ry.wt�"�+`al"•cF,Sta�^vaP�+�`�i wYa+cra^a,••.•:••,Xtc'aaa�••R:::'wo-&. x:—<+•�44aaaas_ '�"�h o•.}:'e�:-+pat+oo'w•-;.}.x:....... '+vs9c.>sM+<:••:: Christopher H. Strohm, President BOARD MEMBERS Pembroke Gochnauer, Vice President James Jones, Director Marr Lou Mosbacher, Director Duane Wallace, Director •.#•2.Y.'v:1.�ti:-F4Yi9n$iC}'#'f82" .'N.•::✓ib..4n::.:.W{�.:.••.6+"sb^b. :`:bbU-088Y+GL'-.}:dWd'.'�.:t'i#W:•'•.".'tbSbb•'K'sLb.`.SSC{': ACbL'vr�•55.,: S8L'.':'{v hu^tv�r AbW'.5"'V4' :..•.e ....t..e...•+6b,xr`:...•: :..a..:.....•:..G.:..:•.� REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT FEBRUARY 3, 2000 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session February 3, 2000, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTORS: ROLL CALL President Strohm, Directors Wallace, Jones, Gochnauer, Mosbacher. STAFF: Baer, Solbrig, Sharp, McFarlane, Noble, Brown, Hoggatt, Schroeder, Zaninovich, Garcia, Cocking, Swain, Frye, Johnson, Rassmussen, Dolan, Hrbacek, Attorney Kvistad GUESTS: Judy Brown/City of South Lake Tahoe Liaison, Michael Chandler , Brad Bennett/City of South Lake Tahoe Fire Department; Larry Young/Ward Young Architecture & Planning, Andy Bourelle/Tahoe Daily Tribune, Harold Singer/California Regional Water Quality Control Board - Lahontan Region; David Kelly, Joyce Blackstone None. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR Consent Items b. anc,c. were brought forward for CONSENT CALENDAR discussion prior to Board action. REGULAR BOARD MEETING MINUTES -FEBRUARY 3, 2000 PAGE -2 Moved Mosbacher/Second Jones/Passed Unanimously CONSENT CALENDAR to approve the Consent Calendar as amended: (continued) a. Authorized implementation of the two-week sewer and/ or water disconnection procedures for delinquent accounts; b. Alpine County Storage Building and Office: Geotechnical Investigation - See Consent Items Brought Forward; c. Alpine County Storage Building and Office: Advertise for Bids - See Consent Items Brought Forward; d. Cedar Avenue Water Service -Authorized staff to advertise for bids; e. A-Line Phase 3 -Approved easement agreement with the City of South Lake Tahoe across Trout Creek Meadow; f. Vehicle Purchase: Car No. 3 Replacement -Approved purchase of vehicle from the State Bid List in the amount of $33,312.73; g. B-Line Replacement Phase 3 -Approved final design contract for Carollo Engineers in the amount of $309,200; h. November 2, 1999 Consolidated Districts Election - Approved payment to El Dorado County in the amount of$12,530.32; i. Approved Special Board Meeting Minutes: January 14, 2000; j. Approved Special Board Meeting Minutes: January 20, 2000. Mike Chandler and Brad Bennett, City of South Lake REQUEST TO APPEAR BEFORE THE Fire Department, requested the Board reconsider a BOARD: Mike Chandler, City of previous Board action concerning the waterline route South Lake Tahoe Fire Department selected as part of the Gardner Mountain Transmission Line project. Chandler stated their request is based on current lack of fire flow protection along the Highway 89 corridor. °^ REGULAR BOARD MEETING MINUTES -FEBRUARY 3, 2000 PAGE -3 The waterline route (Option 3A) that was selected calls for REQUEST TO APPEAR BEFORE an 8" line, which would only provide a maximum of 1,500 THE BOARD gpm for fire protection flows and would preclude any future (continued) installation of a larger line to provide additional fire protec- tion when the area develops. Chandler stated that Option 1 would have used a larger line size which would have accommodated larger flows for future fire protection. Staff reported the project would be modeled based on a 2,500 gpm fire flow, rather than the 1,500 gpm contain- ed in Option 3A, and the lines would be upsized to accom- modate increased fire flows. No Board action. ITEMS FOR BOARD ACTION Larry Young, Ward-Young Architects, reviewed the status DISTRICT FACILITIES PLANNING of the District Facility Needs Study. The objective of the 1998 study was to serve as a basis for prioritizing and implementing building facility improvements. The study concluded that the current administration building is inadequate for the District staff, and that the District should construct a new building. Since a new building would take years to complete, in 1999 Ward-Young Architects undertook a second study to assist the District in transitioning from the current situation to the ultimate goal of the new facility. After evaluating several options, Young advised against investing money in existing or interim facilities. He recommended that a new facility be constructed on the District's property on Al Tahoe Boule- vard, off site of the treatment plant, with a road connecting the new building to the treatment plant. Rhonda McFarlane, using an overhead slide presentation, reviewed: the financial planning needs, present inefficien- cies of the existing facility, public safety concerns, new headquarters building and connecting road on Al Tahoe Boulevard, construction costs and proposed construction schedule, and funding needs for the project. Board members discussed the various pro's and con's associated with the proposal. 3:30 P.M. MEETING BREAK REGULAR BOARD MEETING MINUTES -FEBRUARY 3, 2000 PAGE -4 3:45 P.M. MEETING RESUMED Several staff and public comments were received in DISTRICT FACILITIES PLANNING favor of the project. (continued) Moved Wallace/Second Jones/Mosbacher Voted No/ Passed that the new facility plan, as recommended by staff, be included as placeholder in budget deliberations for the next five years. Director Mosbacher stated while in favor of the new road for safety reasons, she would like other alternatives to the new building and proposed site to be considered. Harold Singer reported he was not appearing before the REQUEST TO APPEAR BEFORE THE Board to ask them to take action, but to open a dialogue BOARD: Harold Singer, California to understand each others needs since the District and Regional Water Quality Control Board - Lahontan have a similar goal: to protect existing and Lahontan Region future groundwater supplies by consensus. Lahontan took over remediation at the Tahoe Tom's gas station last year due to MTBE contamination. The system consists of pumping the polluted fuel out of the ground- water, treating it, and then releasing it into the District's sewer system. Since Lahontan has taken over remediation of the site, there have been two instances where MTBE had "broken through" the treatment system, and MTBE- tainted water was released into the sewer system. Singer stated there were two portions of the District's Special Discharge Permit that were problematic for his agency. One is that the site owners are required to sign the permit - Singer felt it should be signed by the parties who are performing the cleanup. The other relates to signing the indemnification clause protecting the District from possible litigation resulting from third parties. Singer stated, except in rare instances, he did not think the State would agree to indemnify the District. He will submit the contract to the State for a decision regarding signing the permit, but does not know how long it will take - possibly as long as two months. The cleanup at the site would have to cease while the permit is being considered, and in the meantime, the plume could spread. It was the consensus'bf the Board, in order to remain consistent with requirements imposed on all other permit holders who discharge treated water from their remediation REGULAR BOARD MEETING MINUTES -FEBRUARY 3, 2000 PAGE -5 sites to the sewer system, and to protect the District from REQUEST TO APPEAR BEFORE THE liability associated with shipping contaminated recycled BOARD water to Alpine County, that the permit requirements be (continued) adhered to, including that the indemnification be signed by Lahontan and the site owner. Singer will look into trucking the treated water out of the basin until the indemnification issue can be resolved by the State. No Board action. (5:30 p.m. - Director Wallace left the meeting at this point.) Baer updated the Board on the progress towards obtaining U.S. FOREST SERVICE SPECIAL USE a Special Use Permit. PERMIT FOR GARDNER MOUNTAIN WELL No Board action. This item was tabled to the next Regular Board Meeting. GARDNER MOUNTAIN WELL PUMP AND CONTROL BUILDING No Board action. Moved Jones/Second Strohm/Wallace Absent/Passed PAYMENT OF CLAIMS to approve payment in the amount of$667,750.49. CONSENT ITEMS BROUGHT FORWARD (Consent Items b. and c. were combined for the purpose ALPINE COUNTY STORAGE of this discussion.) BUILDING AND OFFICE (GEOTECHNICAL INVESTIGATION) Jim Hoggatt received and clarified questions from Director (Consent Item b.) Mosbacher regarding various aspects of the project. Moved Mosbacher/Second Gochnauer/Wallace Absent/ Passed to approve proposal for geotechnical investigation. Moved Gochnauer/Second Mosbacher/Wallace Absent/ ALPINE COUNTY STORAGE Passed to authorize staff to advertise for bids. BUILDING AND OFFICE (Consent Item c.) Finance Committee: The committee met February 3 to BOARD MEMBER STANDING discuss Lakeside Park Water Company duplication of COMMITTEE REPORTS water services. Operations Commit: The committee met January 31. Minutes of the meeting are available upon request. REGULAR BOARD MEETING MINUTES -FEBRUARY 3, 2000 PAGE -6 Federal Legislative Ad Hoc Committee: Director Wallace BOARD MEMBER AD HOC will travel to Washington D. C. next week to testify at the COMMITTEE Lake Tahoe Restoration Act hearing. President Strohm reported the proposed structure for governance of the County Water Agency consists of two water purveyors and three supervisors. Senator Leslie may carry a bill supporting the change in governance. Director Mosbacher reported on the Alpine County monitoring contract DRI (Desert Research Institute) will present to the Alpine County Board of Supervisors for approval at their next regular meeting. A copy of the contract will be sent to the District's laboratory director for review prior to the meeting. Director Jones will attend the ACWA MTBE committee meeting on February 9. He will also travel to Washington D. C. as part of the ACWA delegation. Director Gochnauer will attend the National Groundwater Association conference beginning February 17. General Manager: Bob Baer reported on two items: STAFF REPORTS 1) The County Water Agency will send the District $94,000, which is a portion of the tax rate area revenues generated. The remainder will be paid by June 30. 2) Dave Antonucci, General Manager of Tahoe City PUD, was dismissed from his position by their Board of Directors. 6:00 P.M. ADJOURNMENT TO CLOSED SESSION 6:55 P.M. RECONVENE TO REGULAR SESSION ACTION/REPORT ON ITEMS DISCUSSED DURING EXECUTIVE SESSION This item was not discussed. Pursuant to Section 54956.9(a) of California Government Code/Con- No Board action. e ference with Legal Counsel Existing Litigation: Schwake v. STPUD, Federal Case No.CV-N-93-851-DWH REGULAR BOARD MEETING MINUTES -FEBRUARY 3, 2000 PAGE -7 Legal counsel and staff updated the Board regarding this Pursuant to Section 54956.9(a) of item. California Government Code/Con- ference with Legal Counsel Existing No Board action. Litigation - STPUD v. ARCO, et al, San Francisco County Superior Court, Case No. 999128 The Board directed negotiators regarding this item. Pursuant to Section 54956.8 of the California Government Code/Confer- No Board action. ence re: Real Property Negotiations: Negotiating Parties: District Staff (Bob Baer, Richard Sol brig,General Counsel), District Board of Directors. Under Negotiation-Property Terms Property ID: APN 19-081-09 This item was not discussed. Pursuant to Section 54957.6 of the California Government Code/Confer- No Board action. ence with Labor Negotiatiors: Agency Negotiators: Robert Baer Unrepresented Employee Position: Human Resources Director 6:55 P.M. ADJOURNMENT Christopher H. Strohm, Board President South Tahoe Public Utility District ATTEST: Kathy Sharp, Clerk of the Board South Tahoe Public Utility District SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Richard So!brig, Assistant Manager/Engineer RE: BOARD MEETING March 16, 2000 AGENDA ITEM: ACTION ITEM NO: 8.a CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: U.S. FOREST SERVICE SPECIAL USE PERMIT FOR GARDNER MOUNTAIN WELL REQUESTED BOARD ACTION: Direct staff. DISCUSSION: At the March 2 Board meeting, the Board approved a Special Use Permit that was acceptable to District staff and General Counsel. District General Counsel has been in contact with USFS General Counsel and will provide an update and possible recommendation at the Board meeting. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTE9'ACTION: CATEGORY: GENERAL MANACIER: YES-4.a/ NO GENERAL t CHIEF FINANCIAL OFFICER: YEeS ' aye__ NO WATER X SEWER SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Richard Solbrig, Assistant Manager/Engineer RE: BOARD MEETING March 16, 2000 AGENDA ITEM: ACTION ITEM NO: 8.b CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: GARDNER MOUNTAIN WELL PUMP AND CONTROL BUILDING REQUESTED BOARD ACTION: Approve consultant services for Carollo Engineering to complete the design of the electrical components for the well in the amount of $27,200 DISCUSSION: Staff has solicited a proposal from Carollo Engineers for the design of the electrical components of the Gardner Mountain Well. Design services under this proposal shall include electrical pump control, lighting, heating, backup generator, and limited telemetry-related design. Staff recommends the Board approve the proposal to complete the design and provide construction related services. The Board previously approved $6,000 to provide preliminary design work. SCHEDULE: Electrical design to be completed as soon as possible. COSTS: $27,200 ACCOUNT NO: 2029-7021/GMPUMP BUDGETED AMOUNT REMAINING: $197,860 ATTACHMENTS Carollo proposal. CONCURRENCE-WITH REQUESTED Af TION: CATEGORY: GENERAL MANAGER: YES .�, NO GENERAL CHIEF FINANCIAL OFFICER: YES _ NO WATER X SEWER 12/28/99 TUE 12:00 FAX 916 565 4880 CAROLLO ENGINEERS—SACTO -»-) STPUD Wp 002 4CC ( 'OLL ] nGineersDedicaed t„creative, reapmrrive,pralillso lulirms for dzave wr acrr:e. December 28, 1999 300.84 South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, California 96150 Attention: Mr. Nick Zaninovich Subject: Gardner Mountain Water Well Electrical Design Assistance Dear Nick: Carollo Engineers (Carollo) is pleased to submit this proposal to assist the South Tahoe Public Utility District (District) with the electrical design and construction for the new Gardner Mountain Water Well. This proposal is based on our understanding of the engineering services requested by the District (as discussed with District staff and presented in our memorandum of December 20, 1999). The services to be provided by Carollo under this proposal are limited to the design of the electrical system for the new Gardner Mountain Water Well and emergency generator. The new generator is to be designed to run the 150 horsepower well pump and station appurtenances during power outage events. The system will be designed for a manual start, an automatic transfer switch is not included. Specifications will be developed for the electrical work undertaken as part of this design. The District will complete all other required drawings, specifications, and other related work for the remainder of the installation including grading, paving, pipe identification and Installation. Carollo will provide shop drawing review for submittals on the electrical system as requested by the District. Our Scope of Work (Exhibit A, attached) is based upon our understanding of the project. The proposed engineering cost for the completion of the tasks contained in the Scope is $33,200. The development of this cost is detailed in the attached Labor Hour and Cost Estimate (Exhibit B). It is our understanding that this project will be administered under the 1988 Master Agreement (as amended to allow the engineer to carry errors and omissions insurance not less than $5,000,000 aggregate with a deductible of not more than $500,000) between Carollo Engineers and the District. Engineering fees will be based on the current fee schedule (Exhibit C). The project team for the completion of this project will be Mr. Robert Gillette, Principal-in- charge, Mr. Jack Burnam, Project Manager and Mr. George Hughes, Project Engineer. e- H:\BD_SAC\Stpud SACV3ardra,Ltr.wpd 2500 VENTURE OAKS WAY, SUITE 320 • SACRAMENTO, CALIFORNIA 95833 • (916) 565-4888 • FAX (916) 565-4880 12/28/99 TUE 12:01 FAX 916 565 4880 CAROLLO ENGINEERS-SACTO 4-44 STPUll IQ003 Mr. Nick Zaninovich South Tahoe Public Utility District December 28, 1999 Page No. 2 Please review the material contained herein and, if acceptable, submit them to the Board of Directors for approval. Please feel free to contact us with any questions. Sincerely, CAROLLO ENGINEERS, P.C. /62(2).a 0:404,44 Robert A. Gillette, Principal ArAit.._4 Jack Burnam II, P.E. RAG/JLB:kjp Attachments: Exhibit A-Scope of Work Exhibit B-Labor Hour and Cost Estimate Exhibit C-Fee Schedule • - H:1e0 SAMStpud SAC\a.ldflSF r.wpd 2500 VENTURE OAKS WAY, SUITE 320 • SACRAMENTO, CALIFORNIA 95833 • (916) 555-4888 • FAX (916) 565.4880 12/28/99 TUE 12:01 FAX 916 565 4880 CAROLLO ENGINEERS-SACTO 44-4 STFUll Lj004 EXHIBIT A SOUTH TAHOE PUBLIC UTILITY DISTRICT GARDNER MOUNTAIN WATER WELL ELECTRICAL DESIGN Scope of Work The following describes the Scope of Work for the engineering effort to complete the design, bidding, and construction services associated with the electrical design for the new Gardner Mountain Water Well. These engineering services are to be provided by Carollo Engineers (Engineer) as requested by the South Tahoe Public Utility District (District). The District is to provide all required geotechnical, topographic survey and plan and profile drawings of the existing building that will house the new electrical system for the Gardner Mountain Water Well site. This proposal assumes that the District will develop the bidding documents for this project. Technical specifications will be provided by the engineer for the work included in the electrical design. Task 1 -Design Electrical System for the new Gardner Mountain Water Well Consultant shall develop plans for the complete electrical system for this water well pump station. District shall have the power dropped from the nearest power source and brought to the building. Consultants work shall begin here. All electrical equipment shall be installed in the existing building. District shall provide a plan of the building and shall indicate any areas that are not to be used in the electrical layout. It is the intent of the District to run all conduit connecting the equipment to the controls under the new slab floor that is to be poured. This means that the electrical layout has to be completed before the slab can be poured. Electrical equipment shall include: 1. Well pump-Well pump motor is 150 horsepower. Well pump shall be operated by a VFD designed as part of this project. 2. PLC- PLC will be capable of accepting an automatic transfer switch at a later date if the District should so decide. No automatic transfer switch is to be installed as part of this project. Switching from land power to emergency power shall be done manually, 3. Emergency Generator- Consultant shall size the new emergency generator based on data supplied from the District on pump horsepower, fan motors, lighting, etc. The emergency generator shall be sized to operate all station components during a power outage including: pump, lights, fans, building heater, etc. NOTE,the recommended emergency generator shall be capable of operating a VFD. Because the switch from land power to emergency power shall be manual there may be significant time between power loss and start up • of the emergency generator. For this reason,the design shall also include a panel either in the main panel or separate from it that will allow a small portable generator to be plugged in to light 2 to 3 lights within the building and that can power up the block heater on the emergency generator. This will be used to warm the unit before starting after shutdown. Louvers shall be manually oQGrated. H:1BD SAG\4tPud SPC\Gardn.iScopwwpd 1 12!28/99 TLE 12:02 FAX 916 565 4880 CAROLLO ENGINEERS-SACTO STYLI]) 005 4. Automatic Transfer Switch (ATS)-will not be provided as part of this project but a spot should be designated for its future installation and conduit between the PLC and the ATS location should be installed to ease future installation. 5. Variable Frequency Drive (VFD) - well pump shall be operated by a VFD that will be integrated into the system. 6. Other electrical controls to be included in the design include: block heater for the emergency generator, building (space) heater, battery charger, lighting ' circuits, signals to and from the discharge flow meter, electronic pressure meter, draw down meter, chlorine feed (metering pumps), etc. 7. The District will coordinate with Sierra Pacific Power to have a power drop installed for the new pump station. However, the Consultant shall assist the District with the likely installation of a pad mounted step down transformer on the outside of the new building and an electric meter inside the building. Sierra Pacific Power employees will be allowed access to the building to read the meter. 8. The design shall include an "emergency power kill" button located within the building but accessible from a pedestrian door without requiring an employee to actually enter the building. 9. Power will also have to be provided to the District installed telemetry,this system will also have to be powered by the emergency power system. Partial list of signals that will be sent to the treatment plant via the telemetry system include: pump status, generator on/off, discharge flow, draw down meter, and any alarm signals. 10. NOTE: The well pump is located approximately 500 feet from the pump building and at a depth of approximately 300 feet. Overall length of the wires to the pump from the pump building could be 800 feet for power and signal for the down-hole sensor. This will have to be considered in the design of the system. The Engineer will make recommendations regarding the need to prepurchase long lead time electrical equipment based on the District's proposed construction completion schedule. Task 2-Electrical Specifications Engineer shall develop technical specifications for the electrical work to be completed in this project. The District shall develop front end documents and any technical specifications required to complete work on other parts of the new well location. Task 3-Construction Services Engineer shall review shop drawing submittals relating to the electrical system and standby power and respond to questions on an "as needed" basis, at District request. The Labor Hour and Cost Estimate for this Item is based on review of 6 shop drawings at 8 hours per shop drawing and a total time of eight (8) hours responding to questions forwarded by the District. Effort exceeding thatstated will be considered a change in scope. H:\aO 8AC\9tpud SAC\GtudnerScopa.wpd 2 12/28/99 TUE 12:03 FAX 916 565 4880 CAROLLO ENGINEERS-SACTO STPUI) Ij006 DISTRICT PROVIDED INFORMATION 1. Site plans and profiles for the existing building to house the new electrical equipment (profiles to include Inside walls that the new electrical equipment Is to be attached to.) Data should be supplied in AutoCAD 14.0 format. 2. Shop drawings for review. 3. Questions from the District or forwarded by the District for response. CAROLLO ENGINEERS DELIVERABLES 1. CAD drawings (1 hard copy (stamped and signed) and electronic file in AutoCAD Release 14.0 each site)for the electrical design for the Gardner Mountain Water Well. 2. Specifications for the electrical equipment for the Gardner Mountain Water Well. 3. Written review comments on shop drawings submitted for review by the Contractor to the District (and forwarded by the District to Carollo Engineers). SCHEDULE Board Approval of Contract January 6, 2000 Plans and Profiles of the existing well building January 6, 2000 Design Review with District Staff/Site Visit January 10, 2000 100% Design Submittal January 24, 2000 HAW 8110,11tp sACWIarareiScop* pd 3 12/28/99 TUE 12:03 FAX 916 565 4880 CAROLLO ENGINEERS-SACTO -+-'a STPUD 007 EXHIBIT SOUTH TAHOE PUBLIC UTILITY DISTRICT GARDNER MOUNTAIN WATER WELL ELECTRICAL DESIGN J_abor Hour and Cost Estimate Labor Hours Cost Estimate Task No. Estimate Rate Total Task 1 -Electrical System Design Principal(P) 1 $180.00 $180.00 Engineer(EVIII) 32 $174.50 $5,584.00 Engineer(EV) 18 - $133.00 $2,128.00 Engineer Technician(ETVI) 40 $88.50 $3,540.00 Word Processing 4 $87.50 $270.00 • Subtotal Task 1 93 $11,702.00 Task 2-Electrical Specifications Principal(P) 1 $180.00 $180.00 Engineer(EVIII) 32 $174.50 $5,584.00 Engineer(EV) 24 $133.00 $3,192.00 Engineer Technician(ETV1) 0 $88.50 $0.00 Word Processing 18 $87.50 $1,080.00 Subtotal Task 2 73 $10,030.00 Task 3-Construction Services Principal(P) 2 $180.00 $380.00 Engineer(EVIII) 32 $174.50 $5,584.00 Engineer(EV) 24 $133.00 $3,192.00 Engineer Technician(ETVI) 4 $88.50 $354.00 Word Processing 4 $87.50 $270.00 Subtotal Task 5 80 $9,700.00 Subtotal $31,498.00 OTHER DIRECT COSTS Mileage-2 trips at $0.35 per mile 500 miles $175.00 Reproduction $500.00 Word Processing Tlme@ $12,00 per hour 19.00 hours $228.00 CAD Processing Time@ $18.00 per hour 35.00 hours $630.00 Eng.Computer Time @ $12.00 per hour 13.00 hours $158.00 Subtotal Other Direct Costs $1,889.00 SUBTOTAL $33,187.00 USE ...c $33,200.00 12/28/99 TUE 12:03 FAX 916 565 4880 CAROLLO ENGINEERS-SACTO -04.4 STPUll [g]008 CAROLLO ENGINEERS, PC 2000 FEE SCHEDULE Hourly Rate Engineers/Scientists (E/S) E/S I $78.75 E/S II 88.50 E/S III 102.50 E/S IV 116.50 E/S V 133.00 E/S VI 142.50 E/S VII 158.00 E/S VIII 174.50 Principal 180.00 Engineering Aides (EA) EM 35.00 EA II 67.50 EA III 73.75 EA IV 87.50 EA V 98.50 EA VI 110.75 EA VII 121.00 Engineering Technicians(ET) ET I 42.25 ET II 48.25 ET III 55.00 ET IV 61.50 ETV 76.25 ET VI 88.50 ET VII 101.50 Support Staff Office Aides 35.25 Clerical 54.25 Word Processors 67.50 Computer Computer Equipment (PC) 12.00 Word Processor(Processing Time) 12.00 CAD (Processing Time) 18.00 Travel and Subsistence at cost Mileage .35/mile Subconsultant Cost + 10% Other Direct Costs Cost + 10% \\Sao-wp1DATA\WP\KMANUAL\FEE\Pet\2000.WPD 1 SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Bob Baer, General Manager RE: BOARD MEETING March 16, 2000 AGENDA ITEM: ACTION ITEM NO: 8.c CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: CONTINUED WASHINGTON D. C. REPRESENTATION REQUESTED BOARD ACTION: A) Authorize proposal from ENS Resources in the amount of $54,404: B)Authorize proposal from Impact Strategies in the amount of$60,000, plus expenses. DISCUSSION: Both ENS Resources and Impact Strategies represented the District's needs in Washington D. C. during the last year. With their assistance, the District obtained $1 million for completion of the export pipeline replacement project, funding for MTBE cleanup activities was included Tahoe Restoration Act, and they also assisted the District with contacts at the Federal level of the EPA and the U.S. Forest Service. The Federal Legislative Ad Hoc committee has met twice to review the proposals. Additionally, Directors Wallace and Jones have met with both firms to review the District's needs for this upcoming year. The District requires assistance in several areas, including: 1) Ensuring passage of the Lake Tahoe Restoration Act, including an appropriation for MTBE cleanup activities. 2) Advocating assistance to support groundwater modeling needs. 3) Identifying assistance for energy production from hydroelectric power on the export pipeline. Staff believes that this combination of representation gives the District the best chance of continued success in Washington D. C. SCHEDULE: Provide representation through February 2001. COSTS: ENS Resources-$54,404: Impact Strategies-$60,000 plus expenses ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: Proposals from ENS Resources and Impact Strategies CONCURRENCE WITH REQUESTEON: CATEGORY: GENERAL MANAGER: YES. NO GENERAL X CHIEF FINANCIAL OFFICER: YES/tarp- . NO WATER SEWER _ =a = Ll'V -<RESOURCES)--- SCOPE OF SERVICES FOR CONTINUATION OF WASHINGTON REPRESENTATION ON BEHALF OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT SOUTH LAKE TAHOE, CALIFORNIA SUBMITTED BY ENS RESOURCES, INC. February 8, 2000 e ENS Resources.Inc. 1747 Pennsylvania Avenue,N.W. / Suite 420 Washington, D.C. 20006 / Telephone(202)466-3755 Telefax: (202)466-3787 www.ensresources.com I. INTRODUCTION ENS Resources, Inc. (ENS) proposes to continue to provide Washington representation services to the South Tahoe Public Utility District(STPUD). ENS will maintain and expand STPUD's congressional and regulatory network with an emphasis on liaison with its congressional delegation, appropriate congressional committees, and federal agencies with jurisdiction over policy matters affecting STPUD's mission. ENS understands that STPUD has a number of federal priorities that may require our assistance. These include: • Advocating passage of the Lake Tahoe Restoration Act with provisions addressing STPUD's groundwater contamination resulting from MTBE- related UST leaks. • Identifying program assistance for alternative energy production demonstrations. • Identifying and advocating assistance to support groundwater modeling needs. • Assisting in the development and implementation of regulatory strategies to secure appropriate permits required to provide water supply services. In addition to these specific activities, ENS will continue to provide support to STPUD by providing periodic updates on legislative and regulatory initiatives that may have a potential effect on its mission. II. SCOPE OF SERVICES ENS will support STPUD's federal legislative and regulatory agenda working in close cooperation with the General Manager or his designee. These activities would continue to fall within three categories: • Legislative Liaison and Representation • Executive Agency Liaison • Washington-based Association Liaison A. Legislative Liaison and Representation 1. Developing, in close cooperation with STPUD, a legislative strategy to achieve the identified goals and objectives. 2. Maintaining and expanding congressional delegation Members and their staff and key congressional committees with an emphasis on natural resources issues. 3. Monitoring the development and progress of legislative proposals affecting STPUD priorities with an emphasis on MTBE. 4. Drafting for review and approval by STPUD legislative amendments, supporting materials, congressional testimony, and other relevant documents. 1 5. Communicating with Members of Congress, their staff and relevant congressional committees to advise them of STPUD positions. 6. Assisting STPUD in developing issue papers, briefing materials, and talking points for use in meetings with congressional delegations and relevant committees. 7. Arranging and coordinating legislative meetings. 8. Arranging and coordinating congressional visits to STPUD. 9. Drafting letters of request for review and approval related to project assistance. 10. Providing periodic written and oral reports detailing matters affecting the District's legislative agenda, goals, and objectives. B. Executive Agency Liaison 1. Developing for STPUD's review and approval a strategy to achieve defined goals and objectives on matters affecting STPUD's priorities pending before U.S. Environmental Protection Agency, U.S. Forest Service, and other relevant and appropriate agencies. 2. Maintaining and expanding STPUD's liaison with senior Administration officials with program jurisdiction over policy affecting compliance with environmental and natural resources mandates. 3. Analyzing and preparing analyses of agency budgets to alert STPUD to program priorities as well as project assistance opportunities. 4. Monitoring Federal Register to identify potential agency actions affecting STPUD's interests. 5. Arranging and coordinating meetings between STPUD and senior agency officials with emphasis on U.S. Environmental Protection Agency and U.S. Forest Service to discuss relevant policy goals and objectives and to build support for STPUD priorities. C. Washington-based Trade Association Liaison ENS will continue to work with relevant professional trade associations and individual advocates based in Washington that play a key role in the policymaking process. Liaison activities may include working with the Association of California Water Agencies, Governor of California's Washington Office, Association of Metropolitan Water Agencies, Association of Metropolitan Sewerage Agencies, Water Environment Federation, and other appropriate groups dictated by the issues of concern to STPUD. 1. Attending and participating in association meetings to review legislative and regulatory agendas to identify support for STPUD policy goals and objectives. 2. Identifying common policy elements between STPUD's priorities and relevant groups' that would support STPUD's interests. 3. Securing letters of support from relevant groups on behalf of STPUD's ©legislative and/or regulatory priorities. III. BUDGET ENS would conduct its representation of the District based on an annual budget similar to its current budget. The proposed budget includes a cost-of-living increase of 2.3%. Expenses for direct costs are not expected to exceed$250.00 in any given month. However, inter-city travel by ENS staff and activities related to STPUD officials' visits to Washington are considered an expense above the budgeted monthly estimate. Such extraordinary costs would only be incurred with STPUD approval. A. Professional Services A retainer of$4,092 per month would be charged for services as described in Section II above. This retainer would cover all time expended by ENS. B. Expenses 1. Telecommunications $1,200.00 2. Local Couriers 400.00 3. Air Express 200.00 4. Reproduction 600.00 5. Local Transportation(Taxi/Metro) . 500.00 6. Out-of-Town Travel 2,000.00 7. Miscellaneous . 400.00 Subtotal Expenses $5,300.00 Subtotal Retainer $49,104.00 CONTRACT TOTAL $54, 404.00 IV. TERMS OF AGREEMENT ENS and STPUD agree to the following terms: A. The term of this agreement shall be March 1, 2000 through February 27, 2001. B. ENS will provide its best efforts, working with STPUD to support identified project priorities. C. ENS designates Eric Sapirstein as the lead official responsible for managing contract responsibilities. D. STPUD will designate the appropriate official(s) as the primary contact for ENS. E. STPUD agrees to pay ENS a retainer as detailed in Section III above. STPUD further agrees to reimburse ENS for expenses incurred consistent with the budget. Such retainer will be payable not later than the fifteenth a_ day of the month for which such services will be provided. Expenses will 3 be billed on a monthly basis. STPUD agrees to pay such expenses within thirty days of receipt of invoice. F. ENS will register as the Washington representative and comply with any additional requirements imposed on such registrant as they occur. G. Either party shall have the right to terminate this agreement, with or without cause,provided that thirty days written notice is given at the designated place of business either through Telefax or U.S. Postal Service. In the event that such agreement is terminated, all reasonable and documented costs that ENS has incurred up to and including the date of termination shall be reimbursed by STPUD. If you agree with the terms of this agreement, please complete and sign below. Return one executed agreement to our office. The second copy is for your file. If you have any questions,please give me a call. I would be happy to discuss them. Sincerely, ric S stein President Accepted by On behalf of the South Tahoe Public Utility District Title: Signature: Date: 4 IMPACT Strategies, L.L.C. CORPORATE COMMUNICATIONS GOVERNMENT AFFAIRS POLITICAL CONSULTING CONSULTING AGREEMENT This Agreement(this"Agreement"), is made and entered as of March 1, 2000 by and between the South Tahoe Public Utility District(the"District"), having its primary place of business at 1275 Meadow Crest Drive South Lake Tahoe, California 96150 and IMPACT Strategies, (the"Consultant")a Limited Liability Corporation, whose primary place of business is 3927 Old Lee Highway, Suite 102-A, Fairfax, Virginia 22030. WHEREAS,the District realizes the Consultant has certain skills which may benefit the District; and WHEREAS, the District desires to retain the services of the Consultant for the term of this Agreement; and WHEREAS, the Consultant desires to render its services upon the terms and conditions of this Agreement hereinafter set forth; NOW, THEREFORE, the parties hereto agree as follows; 1. Term of the Agreement and Extension. The term of the Agreement shall begin March 1, 2000 and end on March 1,2001. Should both parties wish to extend the terms of this Agreement they may do so by Addendum. 2. Performance of Duties. The Consultant will provide professional, comprehensive representation always adhering to the highest standards of honesty and integrity. During the term of this Agreement, the Consultant shall be available for consultation and shall render such advisory services to the District as requested by them and is consistent with the outlined scope of services. Such services shall be related to the Consultants demonstrated skills and abilities to protect and further advance the District's various activities. The services rendered by the Consultant hereunder shall be rendered within the Continental United States. 3. Scope of Services. The Consultant will work with House and Senate Republican Members of Congress and their relevant Committees to ensure the maximum benefit for STPUD in the Tahoe Restoration Act;to seek federal funds through the USEPA budget or Congressional appropriation for MTBE cleanup; and to provide assistance to the District with the hydroelectric project on the export line in Alpine County. 4. Reporting. The Consultant will report to the District in writing on the status of his activities at the end of every quarter. The Consultant should also use discretion in understanding when contact needs to occur prior to the quarterly status report. Typical forms of contact will include phone, fax, email and written materials. The District will make the Consultant aware of reporting contact persons. The District accepts responsibility to share reports with all board members and/or other relevant personnel. IMPACT Strategies • 3927 Old Lee Highway,Suite 102-A • Fairfax,VA 22030 (703)934-0278 Phone • (703)934-0279 Fax Email: impctstrat@aol.com 5. Compensation. As compensation for his services the District shall pay the Consultant a fee of$5,000.00 per month. Commencing March 15, 2000 the fee shall be payable by the 15th day of each calendar month. 6. Other Benefits. During the term of this Agreement,the Consultant will be reimbursed promptly by the District for actual business, traveling and other necessary expenses incurred in connection with the consultative and advisory services hereunder. The Consultant shall submit expense vouchers to the District, which shall approve and reimburse the Consultant no later than thirty(30)days from the date the expense voucher is submitted by the Consultant. All travel related expenses must be pre-approved. 7. Termination. This agreement may be terminated under the following circumstances: (a) By either party for any reason with sixty- (60)day advance written notice. Notice required hereunder shall be mailed certified mail, return receipt requested. 8. Return of Documents. The Consultant shall, at the request of the District, upon termination of this Agreement return to the District all records, papers, documents and copies thereof, pertaining to transactions or information handled by the Consultant pursuant to this Agreement. 9. Confidentiality. The Consultant acknowledges that it may hereafter obtain knowledge and information of a confidential or proprietary nature which is or may become the property of the District. The Consultant agrees that during the term of the Agreement and for a period of one year after termination of the Agreement, it will keep secret from any person all such confidential information and will neither disclose any such information nor himself make any use thereof without the District's prior written consent. 10. Independent Contractor. In performing this Agreement,the Consultant shall be and act as independent contractor in all respects, and shall not, for any purpose, be or act as an agent or employee of the District except upon prior, specific, written authorization. The Consultant shall not be eligible to participate in any benefits or privileges given or extended by the District or any of its subsidiaries of affiliates, successors or assigns, to its/their respective employees. 11. Binding Effect. The terms, conditions, covenants and agreements set forth herein shall inure to the benefit of, and be binding upon, the heirs, administrators, successors and assigns of each of the parties hereto, and upon any District, entity or person with which any of the parties hereto may be come merged, consolidated, combined or otherwise affiliated. 12. Amendment. This agreement may not be altered or modified except by further written agreement between the parties. 13. Notice. Any notice required or permitted to be given under this agreement by either party hereto to the other shall be sufficient if given or confirmed in writing by personal delivery or mailed certified mail, return receipt requested, addressed as indicated below or to such other addresses as shall be provided by either party by notice to the other in accordance with the provisions of this section. o- If to the District: South Tahoe Public Utility District Attn:Bob Baer 1275 Meadow Crest Drive South Lake Tahoe,CA 96150 If to the Consultant: IMPACT Strategies,L.L.C. Attn:Jeff Fedorchak 3927 Old Lee Highway,Suite 102-A Fairfax,VA 22030 IN WITNESS WHEREOF, the undersigned have executed this Agreement on the date first above written. ./TNESSES: IMPACT Strategies, L.L.C. a I ide IA I A 6 By: .� Jeff Fedorchak Its: President South Tahoe Public Utility Dish ict By: Bob Baer Its: General Manager By: Its: Chairman of the Board SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Bob Baer, General Manager RE: BOARD MEETING March 16, 2000 AGENDA ITEM: ACTION ITEM NO: 8.d CONSENT CALENDAR ITEM NO: ......................... .......................................... ............................................................................................................................................................................. ITEM-PROJECT NAME: BOARD WORKSHOPS REQUESTED BOARD ACTION: Direct staff regarding scheduling of workshops. DISCUSSION: Many important issues are facing the District that require Board involvement. Staff recommends scheduling workshops in order to focus on one issue at a time. Workshops are needed for the following: TOPIC PROPOSED DATE /TIME Groundwater Management Plan Afternoon of April 5 or noon April 7 Special Districts Board Institute Update April 20, 12:00 - 1:30 p.m. Alpine County Agreements Update Late May Please bring your calendars so dates can be selected. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: GENERAL MANAGER: YES NO GENERAL X CHIEF FINANCIAL OFFICER: YES tw NO WATER SEWER Action item 8.e Payment of Claims Enterprise Funds March 16, 2000 Ck# Name Amount FOR APPROVAL MARCH 16, 2000 Total Payroll 03/08/00 215,524.69 Total Payroll $215,524.69 1GI Resources $0.00 r:FT Medical Claims-CCC 0.00 Total Vendor EFT $0.00 Accounts Payable Checks Sewer Fund 130,587.10 accounts Payable Checks Water Fund 73,388.58 kccounts Payable Checks Self-funded Ins 7,283.84 accounts Payable Checks Grant Funds 247.96 Total Accounts Payable $211,507.48 Grand Total $427,032.17 PAYROLL RELATED CHECKS 03/08/00 EFT URM & Dependent Care/AFLAC 702.74 '_iFT Employment Dev Dept 8,710.34 :,FT Direct Deposit 99,916.69 #35917 Child Support Collection Program 37.50 :TFT The Hartford 1,893.07 EFT ManuLife Pension Loan Payments 6,394.15 EFT ManuLife Pension 0.00 EFT Orchard Trust Co. 9,836.44 EFT US Bank 56,357.81 #35918 Stanislaus Co Family Support Div 359.00 Stationary Engineers Local 39 0.00 EFT Time Out Fitness 0.00 EFT United Way 31.28 Net Payroll 31,285.67 Adjustments 0.00 Sub-tots? $215,524.69 ,ACCTDHIQPSPREAMPMTOFCLM WB210-Mar-00 South Tahoe P.U.D. 03/10/00 PAYMENT O F CLAIMS REPORT 03/03/2000-03/16/2000 Page 1 FRI, MAR 10, 2000, 9:21 AM --req: LAVERNE---leg: GL JL--loc: ONSITE----job: 179487 *J1598---prog: CK509 <1A06>--report id: CKRECSPC Default Selection: Check Stock ID: AP ; Check Types: MW,HW,RV,VH Vendor Name -_ -_ Account If Department Description Amount Check N ___Type A P G ANALYTICAL PRODUCT GROUP 20-07-4760 LABORATORY LABORATORY SUPPLIES 433.00 Check Iota ____ 433.00 -00042730 -MW A W W A ? 20-38-6250 CUSTOMER SERVICE DUES & MEMBERSHIPS 98. 00 o Check Tota _ _____ _____ .__ 98. 00 _00042731_ _MW , AFLAC 10-00-2538 GENERAL & ADMINISTRATION AFLAC FEE DEDUCTION 74.25 Check Tota _ _ 74.25 - 00042732 MW AGRA EARTH & ENVIRONMENTAL INC 10-28-8036 ALPINE COUNTY BUILDING, OFFICE/EQUIP STORA 684.50 20-29-8078 ENGINEERING TANK, RAILROAD - REPLACE _____-_ 2,539.23 20-29-8083 ENGINEERING TANK, FOREST MTN - REPLACE 2,409.07 Check Tota 5,632.80 00042733 MW ALPEN SIERRA COFFEE COMPANY 10-00-6520 GENERAL & ADMINISTRATION SUPPLIES 152.80 20-00-6520 GENERAL & ADMINISTRATION SUPPLIES 101 .95 Check _Tota_ __ _ 254.75___00042734 MW ASSOCIATED PROCESS CONTROLS 10-02-6051 PUMPS PUMP STATIONS 793.31 Check Tota __ 793.31 _ _00042735 MW AUTO EXPOSURE 10-07-4820 LABORATORY OFFICE SUPPLIES 42.00 20-07-4820 LABORATORY OFFICE SUPPLIES __ - 28.00 Check Tota 70. 00 00042736 MW AVISTA UTILITIES 10-00-6350 GENERAL & ADMINISTRATION NATURAL GAS 13, 106.48 20-00-6350 GENERAL & ADMINISTRATION NATURAL GAS 380. 13 Check Tota 13,486.61 00042737 MW B B & H BENEFIT DESIGNS 10-22-4405 HUMAN RESOURCES CONTRACTUAL SERVICES 750.00 20-22-4405 HUMAN RESOURCES DIRECTOR CONTRACTUAL SERVICES 500.00 Check Tota 1,250.00 00042738 MW BARTON MEMORIAL HOSPITAL 10-04-6075 HEAVY MAINTENANCE SAFETY EQUIPMENT/PHYSICALS 79.60 10-01-6075 UNDERGROUND REPAIR SAFETY EQUIPMENT/PHYSICALS _ 217.51 - 20-01-6075 UNDERGROUND REPAIR SAFETY EQUIPMENT/PHYSICALS 217.51 10-02-6075 PUMPS SAFETY EQUIPMENT/PHYSICALS 39.80 20-02-6075 PUMPS SAFETY EQUIPMENT/PHYSICALS -_-- 39.80 Check Tota 594.22 00042739 MW BAY TOOL & SUPPLY INC 10-00-0421 GENERAL & ADMINISTRATION SHOP SUPPLY INVENTORY 59.72 Check Tota 59.72 00042740 MW BERRY-HINCKLEY INDUSTRIES 10-00-0415 GENERAL & ADMINISTRATION GASOLINE INVENTORY _- 2, 111 .76 20-02-4630 PUMPS OIL & LUBRICANTS 7.55 Check Tota 2, 119.31 00042741 MW BI STATE PROPANE 20-01-6360 UNDERGROUND REPAIR PROPANE 38.59 Check Tota 38.59 00042742 MW Default Selection: Check Stock ID: AP ; Check Types: MW,HW,RV,VH Vendor Name Account It Department Description Amount Check 11 Type , =====_==__== = == = === === == =_=_ = - BIOMERIEX-VITEK 10-07-4760 LABORATORY LABORATORY SUPPLIES 133.ES ' 20-07-4760 LABORATORY LABORATORY SUPPLIES 88.86 Check Tota 222. 14 00042743 MW ,� BLUE RIBBON TEMP PERSONNEL 20-01-4405 UNDERGROUND REPAIR CONTRACTUAL SERVICES 1 ,447.28 I Check Tota 1 ,447.28 00042744 MW 0 ,3I BOYLE ENGINEERING CORP 20-02-8076 PUMPS BOYLE STUDY 9,039.70 Check Tota 9,039.70 00042745 MW 6. ,7 BRINKMAN INSTRUMENTS 10-07-6025 LABORATORY LABORATORY EQUIPMENT 49.21 20-07-6025 LABORATORY LABORATORY EQUIPMENT 32.81 :9, Check Tota 82.02 00042746 MW CO' -, BSNUG WESTERN REGION CONF 10-39-6200 FINANCE TRAVEL/MEETINGS/EDUCATION 141 .00 221 ---"-----------_-- _-- -- -- 20-39-6200 FINANCE TRAVEL/MEETINGS/EDUCATION 94.00 ;, Check Tota 235. 00 00042747 MW _31 C H INC 10-39-4820 FINANCE OFFICE SUPPLIES 63.40 20-39-4820 FINANCE OFFICE SUPPLIES 42.27 Check Tota 105.67 00042748 MW a. n' CALIF DEPT OF HEALTH SERVICES 10-06-6250 OPERATIONS DUES & MEMBERSHIPS 25.00 ,;, Check Iota 25.00 00042749 MW 311 CALIF DEPT OF HEALTH SERVICES 20-02-6650 PUMPS OPERATING PERMITS 1 ,850.77 ;, Check Tota 1 ,850.77 00042750 MW -51 Vendor Tota 1 ,875.77 a;; ,,, -CANADA LIFE .- -- --- - - 30-00-6744 SELF FUNDED INSURANCE EXCESS INS SELF INSURED MED 4,787.55 ;3i10-00-2539 GENERAL & ADMINISTRATION LONG TERM DISABILITY, UNION 2,098.74 ;9 Check Tota 6,886.29 00042751 MW 101 ,� CANADA LIFE 10-00-2512 GENERAL & ADMINISTRATION LIFE INSURANCE 662.25 ;z, 10-00-2525 GENERAL & ADMINISTRATION LIFE INSURANCE-MGMT 343.79 ;, Check Tota 1 ,006. 04 00042752 MW Vendor Tota 7,892.33 CARINA'S CAFE AND CATERING 10-39-6200 FINANCE TRAVEL/MEETINGS/EDUCATION 69.40 ,1431 20-39-6200 FINANCE TRAVEL/MEETINGS/EDUCATION 46.27 Check Tota 115.67 00042753 MW :O, ,;, CARRION, PAUL 10-05-6075 EQUIPMENT REPAIR SAFETY EQUIPMENT/PHYSICALS 16.00 20-05-6075 EQUIPMENT REPAIR SAFETY EQUIPMENT/PHYSICALS 16.00 J, Check Tota 32. 00 00042754 MW CENTRILIFT 20-03-6050 ELECTRICAL SHOP WELLS 293.32 Check Iota 293.32 00042755 MW South Tahoe P.U.D. 03/10/00 PAYMENT O F CLAIMS REPORT 03/03/2000-03/16/2000 Paye 3 FRI, MAR 10, 2000, 9:21 AM --req: LAVERNE---leg: GL JL--loc: ONSITE----Job: 179487 *J1598---prog: CK509 <1A06)--report id: CKRECSPC Default Selection: Check Stock ID: AP ; Check Types: MW,HW,RV,VH Vendor Name Account * Department Description Amount Check * Type = CLARK PLUMBING HEATING & A/C 20-02-6051 PUMPS PUMP STATIONS 66.50 Check Tota 66.50 00042756 MW 2 COCKING, DENNIS 20-27-6200 DISTRICT INFORMATION TRAVEL/MEETINGS/EDUCATION 42.00 .,, Check Tota 42.00 00042757 MW '3! COST CONTAINMENT CONCEPTS INC 30-00-6741 SELF FUNDED INSURANCE ADMINISTRATION FEE 1 ,792.04 30-00-6742 SELF FUNDED INSURANCE PPO FEE 294.25 51 Check Tota 2,086.29 00042758 MW 161 17; DAVI LABORATORIES 20-07-6110 LABORATORY MONITORING 1 ,727.00 lel Check Tota 1 ,727.00 00042759 MW 191 _31 DICK'S FULLER - 20-02-6051 PUMPS PUMP STATIONS 15.66 211 Check Tota 15.66 00042760 MW 30. DOUGLAS DISPOSAL 10-00-6370 GENERAL & ADMINISTRATION REFUSE DISPOSAL 75.00 ” Check Tota 75.00 00042761 MW 2. ECKENRODE, BARBEE 10-38-6200 CUSTOMER SERVICE TRAVEL/MEETINGS/EDUCATION 63.60 :n, 20-38-6200 CUSTOMER SERVICE TRAVEL/MEETINGS/EDUCATION 42.40 Ize; Check Tota 106.00 00042762 MW 301 EL DORADO COUNTY 20-29-8078 ENGINEERING TANK, RAILROAD - REPLACE 35.00 - -- - - 31, _ Check Tota 35.00 00042763 321 a31 EL DORADO COUNTY 20-29-8083 ENGINEERING TANK, FOREST MTN - REPLACE 35.00 ,341 Check Tota 35.00 00042764 331 !ei Vendor Tota 70.00 i3-: ELECTRICAL SPECIALTY PARTS 20-05-6011 EQUIPMENT REPAIR AUTOMOTIVE & GENERATORS 22.52 391 10-02-6051 PUMPS PUMP STATIONS 181 .25 .mi 10-05-6011 EQUIPMENT REPAIR AUTOMOTIVE & GENERATORS 74.64 i~ Check Tota 278.41 00042765 MW 121 oELLIS, NORA RENEE 10-21-6200 ADMINISTRATION TRAVEL/MEETINGS/EDUCATION 16.38 ;; 20-21-6200 ADMINISTRATION TRAVEL/MEETINGS/EDUCATION 10.92 ; ,; Check Tota 27.30 00042766 MW 151 _. ENVIRONMENTAL RESOURCES 10-07-4760 LABORATORY LABORATORY SUPPLIES 36.96 1,131 20-07-4760 LABORATORY LABORATORY SUPPLIES 24.64 19 Check Iota 61 .60 00042767 MW _;: FEDEX 10-07-4810 LABORATORY POSTAGE EXPENSES 17.37 10-19-4820 BOARD OF DIRECTORS OFFICE SUPPLIES 10.27 2. 20-19-4820 BOARD OF DIRECTORS OFFICE SUPPLIES 6.83 41 20-02-4810 PUMPS POSTAGE EXPENSES 10.42 51 Check Tota 44.91 00042768 MW 1 UUt r .. :, :; .- -,i. Vf1:e 3E-- ,,,. ,• _ .. 1_ .. -'-" , ,4 : tr . ... --re,..fart iu. CKRE:- - C. i=RI, RAO 10, x:000, 9 x. i;�� --�eci: Ln�-F...w� - __ - • Default Selection: Check Stock ID: AP ; Check Types: MW,HW,RV,VH Vendor Name Account * Department Description Amount Check * Type = ____ __ === - FEDEX 10-07-4810 LABORATORY POSTAGE EXPENSES 42.23 10-28-8036 ALPINE COUNTY BUILDING, OFFICE/EQUIP STORA 12.08 20-07-4810 LABORATORY POSTAGE EXPENSES 89.61 90-98-8937 EXPORT PIPELINE GRANT 98/99 CAP OUT 7.09 , ? Check Tota 151 .03 00042769 MW 12� 31 FEDEX - - 90-98-8947 EXPORT PIPELINE GRANT A LINE WWTP TO UTPS 65.34 Check Tota 65.34 00042770 MW Vendor Tota 261 .28 FISHER SCIENTIFIC 10-07-4760 LABORATORY LABORATORY SUPPLIES 519.33 20-07-4760 LABORATORY LABORATORY SUPPLIES 346.21 _01 Check Tota 865.54 00042771 MW 21: a, FOSSLER -COMPANY INC. South Tahoe P.U.D. 03/10/00 PAYMENT O F CLAIMS REPORT 03/03/2000-03/16/2000 Page S FRI, MAR 10, 2000, 9:21 AM --req: LAVERNE---leg: GL JL--loc: ONSITE----Job: 179487 *J1598---prog: CK509 t1A06)--report Id: CKRECSPC Default Selection: Check Stock ID: AP ; Check Types: MW,HW,RV,VH Vendor Name Account # Department Description Amount Check # Type 10-27-6620 DISTRICT INFORMATION PUBLIC RELATIONS EXPENSE 17.84 20-27-6620 DISTRICT INFORMATION PUBLIC RELATIONS EXPENSE 11 .90 10-27-4820 DISTRICT INFORMATION OFFICE SUPPLIES 41 .09 20-27-4820 DISTRICT INFORMATION OFFICE SUPPLIES 59.62 t 20-27-4830 DISTRICT INFORMATION SUBSCRIPTIONS EXPENSE 270.00 m 10-37-6200 INFORMATION SYSTEMS TRAVEL/MEETINGS/EDUCATION 393.93 '- 20-37-6200 INFORMATION SYSTEMS TRAVEL/MEETINGS/EDUCATION 262.62 ;, 20-19-6200 BOARD OF DIRECTORS TRAVEL/MEETINGS/EDUCATION 547.57 3. 10-28-8036 ALPINE COUNTY BUILDING, OFFICE/EQUIP STORA 26.32 20-29-8092 ENGINEERING FIRE PUMP, FOREST MTN 10.55 10-02-6200 PUMPS TRAVEL/MEETINGS/EDUCATION 38.08 10-06-6200 OPERATIONS TRAVEL/MEETINGS/EDUCATION 79.20 - - - - 10-06-6250 OPERATIONS DUES & MEMBERSHIPS 95.00 3, 10-38-6200 CUSTOMER SERVICE TRAVEL/MEETINGS/EDUCATION 66.26 20-38-6200 CUSTOMER SERVICE TRAVEL/MEETINGS/EDUCATION 44. 18 a -" " 10-38-6520 CUSTOMER SERVICE SUPPLIES 10.21 20-38-6520 CUSTOMER SERVICE SUPPLIES 6.80 ;, 10-07-6200 LABORATORY TRAVEL/MEETINGS/EDUCATION 26. 01 -;i 20-07-6200 LABORATORY TRAVEL/MEETINGS/EDUCATION 17.34 20-01-6200 UNDERGROUND REPAIR TRAVEL/MEETINGS/EDUCATION 73.92 10-19-4820 BOARD OF DIRECTORS OFFICE SUPPLIES 49.11 d. 20-19-4820 BOARD OF DIRECTORS OFFICE SUPPLIES 32.75 20-29-7099 ENGINEERING WELL - GARDNER MTN 28.01 0, 10-29-8047 ENGINEERING ADMIN BLDG IMPROVEMENTS 43.38 14 20-29-4820 ENGINEERING OFFICE SUPPLIES 136.97 .21 20-29-4610 ENGINEERING GASOLINE 10. 12 _, 10-02-6083 PUMPS STANDBY ACCOMODATIONS 128.21 20-02-6083 PUMPS STANDBY ACCOMODATIONS 128.21 10-29-4820 ENGINEERING OFFICE SUPPLIES 35.96 I, 20-29-8082 ENGINEERING WATERLINE - PARK AVE 110.25 Check Tota 6,532.01 00042779 MW , INSTY-PRINTS 10-21-6621 ADMINISTRATION INCENTIVE & RECOGNITION PRGR 17.89 4.0 20-21-6621 ADMINISTRATION INCENTIVE & RECOGNITION PRGR 11 .93 :�i Check Tota 29.82 00042780 MW ,--- INTERSTATE SAFETY & SUPPLY 10-00-0425 GENERAL & ADMINISTRATION SAFETY SUPPLIES INVENTORY 393.88 .4i 10-00-0421 GENERAL & ADMINISTRATION SHOP SUPPLY INVENTORY 1 , 122.95 ;; , 10-39-6077 FINANCE INVENTORY FREIGHT/DISCOUNTS 23.33 10-06-6075 OPERATIONS SAFETY EQUIPMENT/PHYSICALS 110.52 it Check Tota 1 ,650.60 0004E181 MW ,----JAMES, GREG - 10-02-6250 PUMPS DUES & MEMBERSHIPS 17.00 20-02-6250 PUMPS DUES & MEMBERSHIPS 17.00 Check Tota 34.00 00042782 MW JOB'S PEAK PRIMARY CARE 10-06-6075 OPERATIONS SAFETY EQUIPMENT/PHYSICALS 145. 00 20-01-6075 UNDERGROUND REPAIR SAFETY EQUIPMENT/PHYSICALS 95.00 10-38-6075 CUSTOMER SERVICE SAFETY EQUIPMENT/PHYSICALS 57.00 20-38-6075 CUSTOMER SERVICE SAFETY EQUIPMENT/PHYSICALS 38. 00 NI .,, . , �..J4 J..- . . ,..=1.,_-,;r_-- .t-iy as. . 5. ,,w.,- .L - -- ,;:l tF• ,_ . `}r -3 - a. . . !/1 .._T-t,:vi ..v. r', . .. Default Selection: Check Stock ID: AP ; Check Types: MW,HW,RV,VH _l- Vendor Name Account * Department Description Amount Check * Type z=====eee===e=aeeex=e=sea = e =_______ _ .--_----- _- 3--- a =_�__ 10-01-6075 UNDERGROUND REPAIR SAFETY EQUIPMENT/PHYSICALS 95.00 1- ' 10-29-6075 ENGINEERING SAFETY EQUIPMENT/PHYSICALS 57.00 20-29-6075 ENGINEERING SAFETY EQUIPMENT/PHYSICALS 38.00 .oi Check Tota 525.00 00042783 MW 71, oi KAISER FOLJI.DATION HEALTH PLAN 30-00-6745 SELF FUNDED INSURANCE CLAIMS SELF INS MEDICAL PLAN 410.00 ,31 Check Tota 410.00 00042784 MW KIMBALL MIDWEST 10-05-6071 EQUIPMENT REPAIR SHOP SUPPLIES 181 .79 GI Check Tota 181 .79 00042785 MW 113- KREBS INDUSTRIAL SUPPLY CO 20-02-6050 PUMPS WELLS 1 ,912. 16 -- ,,, Check Tota 1 ,912. 16 00042786 MU :o1 21,- LAKE TAHOE COMMUNITY COLLEGE 20-27-6660 DISTRICT INFORMATION WATER CONSERVATION EXPENSE 1 ,500.00 22; - Check Tota 1 ,500.00 00042787 MW 231 _:i LAKE VALLEY FIRE DISTRICT 20-02-5010 PUMPS LAND AND BUILDINGS 3,972.00 - - - - 26, Check Tota 3,972.00 00042788 MW _6. ,z,:- LAKESIDE NAPA AUTO PARTS 10-05-6073 EQUIPMENT REPAIR SMALL TOOLS 584.31 ;a --__- 20-01-6073 UNDERGROUND REPAIR SMALL TOOLS 6.41 10-02-4630 PUMPS OIL & LUBRICANTS 4.42 ;o, 20-02-4630 PUMPS OIL & LUBRICANTS 57.83 10-02-6051 PUMPS PUMP STATIONS 378. 11 Zi 20-02-6051 PUMPS PUMP STATIONS 19.22 63, 10-04-6023 HEAVY MAINTENANCE FILTER EQUIP/BLDG 11 .30 ,,,t 10-04-6041 HEAVY MAINTENANCE BUILDINGS 8. 01 35. 10-05-6011 EQUIPMENT REPAIR AUTOMOTIVE & GENERATORS 926.65 261 '20-05-6011 EQUIPMENT REPAIR AUTOMOTIVE & GENERATORS 511 .89 ;37I 10-05-6071 EQUIPMENT REPAIR SHOP SUPPLIES 175.66 ,30; 20-05-6071 EQUIPMENT REPAIR SHOP SUPPLIES 175.65 ;;9i 20-05-6073 EQUIPMENT REPAIR SMALL TOOLS 67.36 :401 - - -- 10-06-6022 OPERATIONS SECONDARY EQUIPMENT 27.77 i-- 1411 10-07-4760 LABORATORY LABORATORY SUPPLIES 142. 16 421 10-28-6042 ALPINE COUNTY GROUNDS & MAINTENANCE 90. 13 51 10-04-6071 HEAVY MAINTENANCE SHOP SUPPLIES 76.82 Check Tota 3,263.70 00042789 MW i.16 i �.�6, LILLY'S- TIRE SERVICE INC. 10-05-6011 EQUIPMENT REPAIR AUTOMOTIVE & GENERATORS 160.52 20-05-6011 EQUIPMENT REPAIR AUTOMOTIVE & GENERATORS 137.47 431 Check Tota 297.99 00042790 MW ':o, LOGIS 10-38-6030 CUSTOMER SERVICE SERVICE CONTRACTS 3,402. 00 5,, Check Tota 3,402.00 00042791 MW 52 :, MARTIN, DONALD L & MARJORIE 20-39-6709 FINANCE LOAN PRINCIPAL PAYMENTS 3,335.58 1, 20-39-6710 FINANCE INTEREST EXPENSE 4,306.99 Check Tota 7,642.57 00042792 MW 6, iT South Tahoe P.U.D. 03/10/00 PAYMENT O F CLAIMS REPORT 03/03/2000--03/16.'2000 Page , FRI, MAR 10, 2000, 9:21 AM --req: LAVERNE---leg: GL JL--loc: ONSITE----job: 179487 *J1598---prog: CK509 (1A06)--report id: CKRECSPC Default Selection: Check Stock ID: AP ; Check Types: MW,HW,RV,VH Vendor Name Account * Department Description Amount Check * Type _ s MARTIN, GERALD E & THELMA V 20-39-6709 FINANCE LOAN PRINCIPAL PAYMENTS 3,335.58 20-39-6710 FINANCE INTEREST EXPENSE 4,306.99 9, Check Tota 7,642.57 00042793 MU ,; MARTIN-KOBELLAS, LOUISE 20-39-6709 FINANCE LOAN PRINCIPAL PAYMENTS 1 ,548.60 ? 20-39-6710 FINANCE INTEREST EXPENSE 1 ,999.59 -- '3: , Check Tota 3,548. 19 00042794 MW MAXHIMER, JOHN W 10-02-6250 PUMPS DUES & MEMBERSHIPS 27.50 - - .,i 20-02-6250 PUMPS DUES & MEMBERSHIPS 27.50 ;71 Check Tota 55.00 00042795 MW lel ,9 MC 14ASTER-CARR SUPPLY CO 10-28-6042 ALPINE COUNTY GROUNDS & MAINTENANCE 110.34 201 10-04-6042 HEAVY MAINTENANCE GROUNDS & MAINTENANCE 220.58 211 10-02-6051 PUMPS PUMP STATIONS 432.88 22! - 10-04-6022 HEAVY MAINTENANCE SECONDARY EQUIPMENT 758. 19 .31 Check Tota 1 ,521 .99 00042796 MW MEEKS BUILDING CENTER 10-04-6012 HEAVY MAINTENANCE MOBILE EQUIPMENT 7.09 10-04-6022 HEAVY MAINTENANCE SECONDARY EQUIPMENT 18.61 10-04-6023 HEAVY MAINTENANCE FILTER EQUIP/BLDG 32.41 - -- 10-04-6041 HEAVY MAINTENANCE BUILDINGS 63.69 , 10-04-6071 HEAVY MAINTENANCE SHOP SUPPLIES 19.38 301 20-02-6050 PUMPS WELLS 119.56 .,311 --- ----�--- - - 10-02-6051 PUMPS PUMP STATIONS 42.42 20-02-6051 PUMPS PUMP STATIONS 7.87 :31 10-02-6071 PUMPS SHOP SUPPLIES 2.24 - - 20-02-6071 PUMPS SHOP SUPPLIES 2.24 10-05-6011 EQUIPMENT REPAIR AUTOMOTIVE & GENERATORS 5.69 ,1i '20-05-6011 EQUIPMENT REPAIR AUTOMOTIVE & GENERATORS 2.95 - - -:n Check Tota 324. 15 00042797 MW 39! „, METROCALL 10-28-6310 ALPINE COUNTY TELEPHONE 3.52 ;. Check Tota 3.52 00042798 MW 311 MICRO WAREHOUSE 10-03-4820 ELECTRICAL SHOP OFFICE SUPPLIES 67.92 Check Tota 67.92 00042799 MW _- MINISTER, MELANIE 10-38-6200 CUSTOMER SERVICE TRAVEL/MEETINGS/EDUCATION 63.60 20-38-6200 CUSTOMER SERVICE TRAVEL/MEETINGS/EDUCATION 42.40 Check Tota 106.00 00042800 MW 131 !,,, MISSION GEOSCIENCE INC 20-02-4405 PUMPS CONTRACTUAL SERVICES 5,338.35 ‘,01Check Tota 5,338.35 00042801 MW sn _-- -MISSION INDUSTRIES 10-00-2518 GENERAL & ADMINISTRATION UNIFORM/RUGS/TOWELS PAYABLE 4,472.22 Check Tota 4,472.22 00042802 MW 34 MOTION INDUSTRIES INC 10-04-6022 HEAVY MAINTENANCE SECONDARY EQUIPMENT 77.86 10-28-6042 ALPINE COUNTY GROUNDS & MAINTENANCE 91 .53 , :j , .r . 0 .-";WI J Ic-6 i.," ,=�L "'_...� I �.;7b1 it- ' _i ( .•t_ s .i i - .. ` ..+ .- � 1 M1-,., i ,. _. ... }ii .. ,i Default Selection: Check Stock ID: AP ; Check Types: MW,HW,RV,VH Vendor Name Account * Department Description Amount Check * Type ======a======================= ___ _ - _ ===== = _- Check Tota 169.39 00042803 MW MOUNTAIN DEMOCRAT 10-21-4830 ADMINISTRATION SUBSCRIPTIONS EXPENSE 40.80 20-21-4830 ADMINISTRATION SUBSCRIPTIONS EXPENSE 27.20 Check Tota 68.00 00042804 MW - 1 N-_Ta-I-SOLAIONS INC 10-07-4760 LABORATORY LABORATORY SUPPLIES 38.79 20-07-4760 LABORATORY LABORATORY SUPPLIES 25.86 Check Tota 64.65 00042805 MW NAIKER, BONNIE 10-00-2002 GENERAL & ADMINISTRATION UTILITY BILLING SUSPENSE 211 .58 Check Tota 211 .58 00042806 MW 0, NATIONAL NOTARY ASSOCIATION 10-38-6250 CUSTu, ER SERVICE DUES & MEMBERSHIPS 21 .60 20-38-6250 CUE." .ER SERVICE DUES & MEMBERSHIPS 14.40 Check Tota 36.00 00042807 MW NELS TAHOE SUPPLY 10-01-6071 UNDERGROUND REPAIR SHOP SUPPLIES 5.13 10-02-6051 PUMPS PUMP STATIONS 88.88 10-02-6071 PUMPS SHOP SUPPLIES 1 .65 10-03-6041 ELECTRICAL SHOP BUILDINGS 21 .73 10-04-6023 HEAVY MAINTENANCE FILTER EQUIP/BLDG 19.39 , 10-04-6041 HEAVY MAINTENANCE BUILDINGS 4.60 DI 10-04-6042 HEAVY MAINTENANCE GROUNDS & MAINTENANCE 11 .83 „ 10-05-6011 EQUIPMENT REPAIR AUTOMOTIVE & GENERATORS 19.67 10-22-6079 HUMAN RESOURCES SAFETY PROGRAMS 31 .31 20-02-6051 PUMPS PUMP STATIONS 9.55 20-02-6071 PUMPS SHOP SUPPLIES 1 .65 20-05-6011 EQUIPMENT REPAIR AUTOMOTIVE & GENERATORS -4.21 20-22-6079 HUMAN RESOURCES DIRECTOR SAFETY PROGRAMS 20.87 - Check Tota 232.05 00042808 MW ,; OFFICE DEPOT BUSINESS SERV DIV 10-00-0428 GENERAL & ADMINISTRATION OFFICE SUPPLIES INVENTORY 511 .81 Check Tota 511 .81 00042809 MW PACIFIC BELL 10-00-6310 GENERAL & ADMINISTRATION TELEPHONE 45.09 10-01-6310 UNDERGROUND REPAIR TELEPHONE 7.81 , 20-01-6310 UNDERGROUND REPAIR TELEPHONE 7.80 10-02-6310 PUMPS TELEPHONE 47.70 20-02-6310 PUMPS TELEPHONE 17.33 10-05-6310 EQUIPMENT REPAIR TELEPHONE 7.78 20-05-6310 EQUIPMENT REPAIR TELEPHONE 7.77 10-06-6310 OPERATIONS TELEPHONE 15.60 , 10-07-6310 LABORATORY TELEPHONE 9.30 - 20-07-6310 LABORATORY TELEPHONE 6.20 10-21-6310 ADMINISTRATION TELEPHONE 10.36 20-21-6310 ADMINISTRATION TELEPHONE 6.91 10-22-6310 HUMAN RESOURCES TELEPHONE 9. 15 20-22-6310 HUMAN RESOURCES DIRECTOR TELEPHONE 6. 11 10-37-6310 INFORMATION SYSTEMS TELEPHONE 53.49 South Tahoe P.U.D. 03/10/00 PAYMENT O F CLAIMS REPORT 03/03/2000-03/16/ .000 Page v FRI, MAR 10, 2000, 9:21 AM --req: LAVERNE---leg: GL IL--loc: ONSITE----job: 179487 #J1598---prog: CK509 (1A06)--report id: CKRECSPC Default Selection: Check Stock ID: AP ; Check Types: MW,HW,RV,VH Vendor Name Account # Department Description Amount Check # Type 20-37-6310 INFORMATION SYSTEMS TELEPHONE 35.66 10-39-6310 FINANCE TELEPHONE 8.94 20-39-6310 FINANCE TELEPHONE 5.96 Check Tota 308.96 00042810 MW PDM STEEL1e 10-02-6051 PUMPS PUMP STATIONS 463.32 Check Tota 463.32 00042811 MW PRINTCO 10-39-4820 FINANCE OFFICE SUPPLIES 41 .83 20-39-4820 FINANCE OFFICE SUPPLIES 27.88 Check Tota 69.71 00042812 MW .e, RANDYS LOCKSMITH 10-39-4820 FINANCE OFFICE SUPPLIES 47.36 20-39-4820 FINANCE OFFICE SUPPLIES 31 .58 Check Tota 78.94 00042813 MW RAVEN BIOLOGICAL LABS 10-07-4760 LABORATORY LABORATORY SUPPLIES 51 .53 _4. 20-07-4760 LABORATORY LABORATORY SUPPLIES 34.35 Check Tota 85.88 00042814 MW RED WING SHOE STORE 10-29-6075 ENGINEERING SAFETY EQUIPMENT/PHYSICALS 109.36 20-29-6075 ENGINEERING SAFETY EQUIPMENT/PHYSICALS 72.90 2DI Check Tota 182.26 00042815 MW -01 s, RENO GRAIN OIL SERVICE 10-05-4630 EQUIPMENT REPAIR OIL & LUBRICANTS 132.75 Check Tota 132.75 00042816 MW il -SAFETY KLEEN CORP. 10-02-4630 PUMPS OIL & LUBRICANTS 60. 13 20-02-4630 PUMPS OIL & LUBRICANTS 60. 12 Check Tota 120.25 00042817 MW • SCOTTYS HARDWARE 10-02-6051 PUMPS PUMP STATIONS 4.62 ,;; 10-02-6073 PUMPS SMALL TOOLS 3.20 10-03-6041 ELECTRICAL SHOP BUILDINGS 22.97 ;;, 20-02-6051 PUMPS PUMP STATIONS 13.88 20-02-6073 PUMPS SMALL TOOLS 3.20 :,; 20-03-6071 ELECTRICAL SHOP SHOP SUPPLIES 7.31 :ai Check Tota 55. 18 00042818 MW -----SEARS 10-04-6073 HEAVY MAINTENANCE SMALL TOOLS 191 .57 Check Tota 191 .57 00042819 MW -SHARP, KATHY -. .- 10-21-6200 ADMINISTRATION TRAVEL/MEETINGS/EDUCATION 33.63 20-21-6200 ADMINISTRATION TRAVEL/MEETINGS/EDUCATION 22.42 Check Tota 56. 05 00042820 MW SIERRA CHEMICAL CO 20-02-4750 PUMPS CHLORINE 104.22 10-06-4750 OPERATIONS CHLORINE 1 ,615.39 Check Tota 1 ,719.61 00042821 MW ,...,:. , r. i , ,,RI , Ar.R ; .,i, ,::OOH;, 9:?.' AM ---4•G LA-ig AZ---Ieir GL JL--ioc: ONSITE--T.-.joo: 17146 ' W415` gi---iL.efog. C 09 (1A06,--report 10: G1,(RE C Default Selection: Check Stock ID: AP ; Check Types: MW,HW,RV,VH - Vendor Name Account * Department Description Amount Check 4 Type = = xx=- _---_-_ = _ _= ==== ________= x=====__= ____ -STERRACOPIER PRODUCTS 90-98-8947 EXPORT PIPELINE GRANT A LINE WWTP TO UTPS 175.53 20-02-4820 PUMPS OFFICE SUPPLIES 175.52 Check Tota 351 .05 00042822 MW ,o 11- SIERRA FOpTHILL LABORATORY 20-07-6110 LABORATORY MONITORING 38.50 O 10-07-6110 LABORATORY MONITORING 154.00 3. ----'--- ----- ---------- - - -- - _ Check Tota 192.50 00042823 MW SIERRA PACIFIC POWER 10-00-6740 GENERAL & ADMINISTRATION STREET LIGHTING EXPENSE 1 ,244.32 - 10-00-6330 GENERAL & ADMINISTRATION ELECTRICITY 2,068.73 •-, 20-00-6330 GENERAL & ADMINISTRATION ELECTRICITY 3,820.65 '81 Check Tota 7, 133.70 00042824 MW :o, SIERRA-NET INC. 10-37-4405 INFORMATION SYSTEMS CONTRACTUAL SERVICES 240.00 ;., 20-37-4405 INFORMATION SYSTEMS CONTRACTUAL SERVICES 160.00 10-38-4405 CUSTOMER SERVICE CONTRACTUAL SERVICES 29.40 �2: 20-38-4405 CUSTOMER SERVICE CONTRACTUAL SERVICES 19.60 Check Tota 449.00 00042825 MW .9 SIOUX STEAM CLEANER CORP. 10-04-6024 HEAVY MAINTENANCE FURNACE EQUIPMENT 677.38 Check Tota 677.38 00042826 MW 23. g, SOUTH LAKE TAHOE FLORIST 10-21-6520 ADMINISTRATION SUPPLIES 19.31 ,i 20-21-6520 ADMINISTRATION SUPPLIES 12.87 31, Check Tota 32. 18 00042827 MW 32 ,;; SOUTH SHORE MOTORS 10-05-6011 EQUIPMENT REPAIR AUTOMOTIVE & GENERATORS 16.36 ,,. Check Tota 16.36 00042828 MW , SOUTH TAHOE NEWSPAPER AGENCY 10-21-4830 ADMINISTRATION SUBSCRIPTIONS EXPENSE 68.47 -- 20-21-4830 ADMINISTRATION SUBSCRIPTIONS EXPENSE 45.65 Check Tota 114. 12 00042829 MW -SOUTH TAHOE PLUMBING SUPPLY - 10-04-6024 HEAVY MAINTENANCE FURNACE EQUIPMENT 50.27 10-02-6051 PUMPS PUMP STATIONS 66. 17 .. 20-01-6073 UNDERGROUND REPAIR SMALL TOOLS 62.96 Check Tota 179.40 00042830 MW ', SOUTH TAHOE PUB UTILITY DIST 10-00-6740 GENERAL & ADMINISTRATION STREET LIGHTING EXPENSE 17.00 .. 20-00-6380 GENERAL & ADMINISTRATION OTHER UTILITIES 138.48 10-00-6340 GENERAL & ADMINISTRATION WATER 5,640.05 t, Check Tota 5,795.53 00042831 MW - SOUTH TAHOE REFUSE 20-00-6370 GENERAL & ADMINISTRATION REFUSE DISPOSAL 99.70 10-00-6370 GENERAL & ADMINISTRATION REFUSE DISPOSAL 1 ,940.02 Check Tota 2,039.72 00042832 MW SOUTHERN CALIFORNIA WATER CO 10-02-6200 PUMPS TRAVEL/MEETINGS/EDUCATION 590.00 Check Tota 590. 00 00042833 MW South Tahoe P.U.D. 03/10/00 PAYMENT O F CLAIMS REPORT 03/03/2000-03/1C/2000 FRI, MAR 10, 2000, 9:21 AM --req: LAVERNE---leg: GL JL--loc: ONSITE----fob: 179487 *J1598---prog: CK509 (1A06)--report id: CKRECSPC Default Selection: Check Stock ID: AP ; Check Types: MW,HW,RV,VH Vendor Name Account * Department Description Amount Check 11 Type - SSPECTRONIC INSTRUMENT CO. 10-07-6025 LABORATORY LABORATORY EQUIPMENT 446.00 3t 20-07-6025 LABORATORY LABORATORY EQUIPMENT 264.56 Check Tota 710.56 00042834 MW , , STATELINE OFFICE SUPPLY 10-01-4820 UNDERGROUND REPAIR OFFICE SUPPLIES 60.79 1a, 20-01-4820 UNDERGROUND REPAIR OFFICE SUPPLIES 35.38 131 , 10-04-4820 HEAVY MAINTENANCE OFFICE SUPPLIES 104.25 „, 10-05-4820 EQUIPMENT REPAIR OFFICE SUPPLIES 8. 14 15, 10-27-4820 DISTRICT INFORMATION OFFICE SUPPLIES 19.84 ,g1 20-27-4820 DISTRICT INFORMATION OFFICE SUPPLIES 13.23 ,T, 10-29-4820 ENGINEERING OFFICE SUPPLIES 81 .50 ,a. 20-29-4820 ENGINEERING OFFICE SUPPLIES 54.33 13, 10-37-4820 INFORMATION SYSTEMS OFFICE SUPPLIES 1 .36 2a; 20-37-4820 INFORMATION SYSTEMS OFFICE SUPPLIES 0.91 '. 10-38-4820 CUSTOMER SERVICE OFFICE SUPPLIES 12.92 _21 20-38-4820 CUSTOMER SERVICE OFFICE SUPPLIES 8.61 231 10-39-4820 FINANCE OFFICE SUPPLIES 10.94 _„ 20-39-4820 FINANCE OFFICE SUPPLIES 7.29 ;;, 10-06-4820 OPERATIONS OFFICE SUPPLIES 39.56 Check Tota 459.05 00042835 MW ,71 23; STRINGER BUSINESS SYSTEMS INC 10-38-6030 CUSTOMER SERVICE SERVICE CONTRACTS 21 .16 29i Check Tota 21 .16 00042836 MW Ai 11: STROHM,---CHRIS - - 10-19-6200 BOARD OF DIRECTORS TRAVEL/MEETINGS/EDUCATION 42.75 20-19-6200 BOARD OF DIRECTORS TRAVEL/MEETINGS/EDUCATION 28.50 •;3, Check Tota 71 .25 00042837 MW ,Si SUBSTITUTE PERSONNEL & 10-21-4405 ADMINISTRATION CONTRACTUAL SERVICES 677.84 6, •10-39-4405 FINANCE CONTRACTUAL SERVICES 930.00 37 20-21-4405 ADMINISTRATION CONTRACTUAL SERVICES 146.56 ei Check Tota 1 ,754.40 00042838 MW w, SUPPLY-ONE - 20-02-6054 PUMPS REPAIR/MNTC WATER TANKS 227.36 41; 10-02-6071 PUMPS SHOP SUPPLIES 5.08 20-02-6071 PUMPS SHOP SUPPLIES 5.08 a3k 10-04-4820 HEAVY MAINTENANCE OFFICE SUPPLIES 13.93 •I,-,, Check Tote 251 .45 00042839 MW TAHOE BASIN CONTAINER SERVICE 10-00-6370 GENERAL & ADMINISTRATION REFUSE DISPOSAL 1 ,568.00 !;,, Check Tota 1 ,568.00 00042840 MW ----TAHOE BLUEPRINT 20-29-8078 ENGINEERING TANK, RAILROAD - REPLACE 46.65 At Check Tota 46.65 00042841 MU TAHOE DAILY TRIBUNE 20-01-8061 UNDERGROUND REPAIR VEHICLE TO REPL *34 29.74 10-22-4930 HUMAN RESOURCES ADS/LEGAL NOTICES 214.58 ; 20-22-4930 HUMAN RESOURCES DIRECTOR ADS/LEGAL NOTICES 143.05 Check Tota 387.37 00042842 MW _ r . „ . ..Jt'. af� Lt .'(L .i. a_ ..,:_ N�..i it, I . - , ;,J! __'c-- , :'C.,;.- ..H.Le✓_ Sty- --t- pOr-e .4a: ChiY:_I:SPC Default Selection: Check Stock ID: AP ; Check Types: MW,HW,RV,VH _ Vendor Name Account * Department Description Amount Check * Type 51 =============_===========n==== === === - -- ----=-- = _ = === neo= 7: TAHOE MOUNTAIN NEWS 20-27-6660 DISTRICT INFORMATION WATER CONSERVATION EXPENSE 100.00 j1 . Check Tota 100.00 00042843 MW _ TAHOE PARADISE CHEVRON 20-01-4620 UNDERGROUND REPAIR DIESEL 90.33 Check Tota 90.33 00042844 MW • TAHOE VALLEY ELECTRIC SUPPLY 20-03-6050 ELECTRICAL SHOP WELLS 643.02 10-03-6041 ELECTRICAL SHOP BUILDINGS 344.49 ,. Check Tota 987.51 00042845 MW TORNEY, PHILL 10-02-6250 PUMPS DUES & MEMBERSHIPS 17. 00 ,a. 20-02-6250 PUMPS DUES & MEMBERSHIPS 17.00 y. Check Tota 34.00 00042846 MW -o. 21.- U S A BLUE BOOK _ 10-03-7346 ELECTRICAL SHOP CHLORINE ANALYZER 250.40 22; Check Tota 250.40 00042847 MW 23, _- UNITED RENTALS 20-03-6073 ELECTRICAL SHOP SMALL TOOLS 15.00 -= Check Tota 15.00 00042848 MW V W R CORPORATION 10-07-4760 LABORATORY LABORATORY SUPPLIES 82.43 ,3' 20-07-4760 LABORATORY LABORATORY SUPPLIES 54.96 29. Check Tota 137.39 00042849 MW ;,- WECO -INDUSTRIES INC 10-01-8003 UNDERGROUND REPAIR EASEMENT CLEANING EQUIP 1 ,947.66 Check Iota 1 ,947.66 00042850 MW • WEDCO INC 10-03-6041 ELECTRICAL SHOP BUILDINGS 1 ,352. 16 10-03-6071 ELECTRICAL SHOP SHOP SUPPLIES 393. 12 ' 20-03-7341 ELECTRICAL SHOP circuit breaker, ut well B2 -967.92 :: 10-03-6048 ELECTRICAL SHOP LUTHER PASS PUMP STATION 10.76 20-03-6071 ELECTRICAL SHOP SHOP SUPPLIES 96.52 .391 Check Tota 884.64 00042851 MW •101 ----- -- ---- - - -- - .. 71; WEST GROUP 10-21-4830 ADMINISTRATION SUBSCRIPTIONS EXPENSE 954.60 J 12' 20-21-4830 ADMINISTRATION SUBSCRIPTIONS EXPENSE 636.40 1! Check Tota 1 ,591 .00 00042852 MW WESTERN NEVADA SUPPLY 20-38-6045 CUSTOMER SERVICE WATER METERS 580.22 :6 20-01-6052 UNDERGROUND REPAIR PIPE, COVERS, 6 MANHOLES 411 .38 ,;j 10-04-6023 HEAVY MAINTENANCE FILTER EQUIP/BLDG 36.68 -a1 10-04-6073 HEAVY MAINTENANCE SMALL TOOLS 28.58 10-04-6022 HEAVY MAINTENANCE SECONDARY EQUIPMENT 168.53 _., 10-04-6024 HEAVY MAINTENANCE FURNACE EQUIPMENT 66.01 • -_- - Check Tota 1 ,291 .40 00042853 MW WITHROW OXYGEN SERVICE 10-02-6071 PUMPS SHOP SUPPLIES 53.99 :41 20-02-6071 PUMPS SHOP SUPPLIES 53.98 5l 10-03-6021 ELECTRICAL SHOP PRIMARY EQUIPMENT 187.31 10-03-6071 ELECTRICAL SHOP SHOP SUPPLIES 21 .49 South Tahoe P.U.D. 03/10/00 PAYMENT O F CLAIMS REPORT 03/03/2000-03/16/L000 P.� e FRI, MAR 10, 2000. 9:21 AM --req: LAVERNE---leg: GL JL--loc: ONSITE----job: 179487 •J1S98---prog: CK509 <1A06>--report id: CKRECSPC Default Selection: Check Stock ID: AP ; Check Types: MW,HW,RV,VH Vendor Name Account * Department Description Amount Check * Type 10-04-6022 HEAVY MAINTENANCE SECONDARY EQUIPMENT 16.52 10-04-6071 HEAVY MAINTENANCE SHOP SUPPLIES 502.58 10-05-6071 EQUIPMENT REPAIR SHOP SUPPLIES 60.01 20-05-6071 EQUIPMENT REPAIR SHOP SUPPLIES 60.00 ;, ) 10-07-4760 LABORATORY LABORATORY SUPPLIES 26.40 m 20-07-4760 LABORATORY LABORATORY SUPPLIES 17.60 Check Tota 999.88 00042854 MW ZEE MEDICAL SERVICE 10-02-6075 PUMPS SAFETY EQUIPMENT/PHYSICALS 14.64 20-02-6075 PUMPS SAFETY EQUIPMENT/PHYSICALS 14.63 10-01-6075 UNDERGROUND REPAIR SAFETY EQUIPMENT/PHYSICALS 50.47 20-01-6075 UNDERGROUND REPAIR SAFETY EQUIPMENT/PHYSICALS 50.45 10-06-6075 OPERATIONS SAFETY EQUIPMENT/PHYSICALS 50.78 .a, 10-07-6075 LABORATORY SAFETY EQUIPMENT/PHYSICALS 11 .06 20-07-6075 LABORATORY SAFETY EQUIPMENT/PHYSICALS 7.37 10-04-6075 HEAVY MAINTENANCE SAFETY EQUIPMENT/PHYSICALS 21 .42 Check Tota 220.82 00042855 MW -ZELLMER, -DAVE 10-28-6042 ALPINE COUNTY GROUNDS & MAINTENANCE 720.00 - Check Tota 720.00 00042856 MW -; ZYMAX ENVIROTECHNOLOGY - 20-07-6110 LABORATORY MONITORING 2,358.50 :;i 10-07-6110 LABORATORY MONITORING 1 , 146.50 Check Tota 3,505.00 00042857 MW soi Grand Tota 211 ,507.48 .,; SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Richard Solbrig, Assistant Manager/ Engineer RE: BOARD MEETING March 16, 2000 AGENDA ITEM: 14.a ACTION ITEM NO: CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION: MOUNTAIN CASCADE, INC., AND VALLEY ENGINEERS, INC. VS. STPUD BOARD OF DIRECTORS AND STPUD, COUNTY OF EL DORADO, SUPERIOR COURT CASE NO. SC20000050 REQUESTED BOARD ACTION: Direct staff. DISCUSSION: Pursuant to Section 54956.9(a) of California Government Code, Closed Session may be held for conference with legal counsel regarding existing litigation. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: __.....n... .. .. TS.c�i..x......... .................r x...... u .,.... .: ....,....,.mi..,,... .n v ..ey...-c.r............a..�v.3Scs1:•✓ .. 's. ............ ............:....................� CONCURRENCE 1116TH REQUESTED ACTION: CATEGORY: GENERAL MANAGER: YES NO GENERAL CHIEF FINANCIAL OFFICER: YE- ' NO WATER X SEWER SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Bob Baer, General Manager RE: BOARD MEETING March 16, 2000 AGENDA ITEM: 14.b ACTION ITEM NO: CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: CONFERENCE WITH LEGAL COUNSEL- SCHWAKE V. STPUD, FEDERAL CASE NO: CV-N-93-851-DWH REQUESTED BOARD ACTION: Direct staff. DISCUSSION: Pursuant to Section 54956.9(a) of California Government Code, Closed Session may be held for conference with legal counsel regarding existing litigation. SCHEDULE: • COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: GENERAL MANAGER: YES ..��_ . NO GENERAL CHIEF FINANCIAL OFFICER: YES NO WATER SEWER X SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Richard Solbrig, Assistant Manager/ Engineer RE: BOARD MEETING March 16, 2000 AGENDA ITEM: 14.c ACTION ITEM NO: CONSENT CALENDAR ITEM NO: 2C vEw....,,r. er+..ar+ .•.w•uvs•..s..:......-.....wy.•..y...,.-:.crix•.ti.•...•..•.a•'::....:..,..vti.:...s :..y, ...,.....a.-:wPz.•....+. 'IY""p11'IYI.1"'ftTl'IYI`III'1�`+essrfl'�'`."/Il`pG`•f""N h d"."4<"i`sryy. .f' ITEM-PROJECT NAME:' CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION: STPUD V. ARCO, ET AL, SAN FRANCISCO COUNTY SUPERIOR COURT CASE NO. 999128 REQUESTED BOARD ACTION: Direct staff. DISCUSSION: Pursuant to Section 54956.9(a) of California Government Code, Closed Session may be held for conference with legal counsel regarding existing litigation. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: GENERAL MANAGER: YES i4olte .,. NO GENERAL CHIEF FINANCIAL OFFICER: YEL L_ NO WATER X SEWER SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Richard Solbrig, Assistant Manager/Engineer RE: BOARD MEETING March 16, 2000 AGENDA ITEM: 14.d ACTION ITEM NO: CONSENT CALENDAR ITEM NO: Rc:9icVCWYAvm3t4'TT'X4/14`.4A'.+WW'sNV'NXW' Y`4:vVSo-n`n"RM'I._ _ WM�,tP+.5+iM9aMtr]LF.v.'ittvWHI,',R'm'OPti9T ITEM-PROJECT NAME: CONFERENCE WITH REAL PROPERTY NEGOTIATORS REQUESTED BOARD ACTION: Direct negotiators. DISCUSSION: Pursuant to Section 54956.8 of California Government Code. Closed Session may be held for conference regarding property negotiations. Negotiating Parties: District staff, United States Forest Service Under Negotiation: Property terms Property Identification: APN 19-081-09 • SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED TION: CATEGORY: GENERAL MANAGER: YES / NO GENERAL CHIEF FINANCIAL OFFICER: YE4trik2Lmg._ NO WATER X SEWER SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Bob Baer, General Manager RE: BOARD MEETING March 16, 2000 AGENDA ITEM: 14.e ACTION ITEM NO: CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION (ONE CASE) REQUESTED BOARD ACTION: Direct legal counsel. DISCUSSION: Pursuant to Section 54956.9 (b) of the California Government Code, Closed Session may be held for conference with legal counsel regarding pending litigation. • • • SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED TION: CATEGORY: GENERAL MANAGER: YES i NO GENERAL CHIEF FINANCIAL OFFICER: YE ' w NO WATER SEWER SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Bob Baer, General Manager RE: BOARD MEETING March 16, 2000 AGENDA ITEM: 14.f ACTION ITEM NO: CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: CONFERENCE WITH LABOR NEGOTIATORS REQUESTED BOARD ACTION: Direct negotiators. DISCUSSION: Pursuant to Section 54957 of the California Government Code, Closed Session may be held regarding negotiations. Agency Negotiators: Bob Baer, Board of Directors Unrepresented Employee Position: District General Counsel SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED TION: CATEGORY: GENERAL MANAGER: YES ,I/ NO GENERAL X CHIEF FINANCIAL OFFICER: YE• i,� NO WATER �% SEWER SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Bob Baer, General Manaaer RE: BOARD MEETING March 16, 2000 AGENDA ITEM: 14.g ACTION ITEM NO: CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: CONFERENCE WITH LABOR NEGOTIATORS REQUESTED BOARD ACTION: Direct negotiators. DISCUSSION: Pursuant to Section 54957.6(a) of the California Government Code, Closed Session may be held for the purpose of directing the negotiating team. Agency Negotiators: Robert Baer, Board of Directors Employee Organization: International Union of Operating Engineers, Stationary Local 39, AFL-CIO • SCHEDULE: COSTS: .ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED AdTION: CATEGORY: GENERAL MANAGER: YES ,e NO GENERAL X CHIEF FINANCIAL OFFICER: YES „ 0 WATER SEWER SOUTH TAHOE PUBLIC UTILITY DISTRICT BOARD AGENDA ITEM TO: BOARD OF DIRECTORS FR: Bob Baer, General Manager RE: BOARD MEETING March 16, 2000 AGENDA ITEM: 14.h ACTION ITEM NO: CONSENT CALENDAR ITEM NO: ITEM-PROJECT NAME: CONFERENCE WITH LABOR NEGOTIATORS REQUESTED BOARD ACTION: Direct negotiators. DISCUSSION: Pursuant to Section 54957.6(a) of the California Government Code, Closed Session may be held regarding negotiations. Agency Negotiators: Board of Directors, Bob Baer Employee Organization: STPUD Management Staff SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED AC ION: CATEGORY: GENERAL MANAGER: YES ,1 NO GENERAL X CHIEF FINANCIAL OFFICER: YES .. / NO WATER SEWER Dt,5fribLA-DI -3111.0ico R- 41' ert bc. 1 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA ♦* �L 2 IN AND FOR THE COUNTY OF EL DORADO 3 C.cvP t3e30wd 4 • 4 v15 Rae,— 5 MARY ANN FERGUSON ) 6 Plaintiff(s) ) CASE NO. SVU-2052 ) 7 vs. ) EL DORADO CO.SUPERIOR CT. 8 AYRAD AMIRI ) ) SARBJIT SING KANG FILED 9 Defendant(s). ) BY 10 ) ....,T 11 This case involves two separate legal actions concerning the same leased 12 premises, which were consolidated. In the first action (SVU-2052), Mary Ann Ferguson, 13 hereinafter referred to as Ferguson, the Plaintiff, sued Ayrad Amiri and Sarbjit Sing 14 Kang, hereinafter collectively referred to as Amiri, the Defendants. In that unlawful 15 16 detainer action Ferguson asserted Amiri held over past the lease term. In defense, Amiri 17 claimed he properly exercised the option to extend the lease. 18 The second case was initiated by Amiri as plaintiffs (including Kang) and was 19 against Ferguson as defendant (SV-2290). In this action, Amiri asked for declaratory 20 relief and specific performance related to a claimed option to purchase the gas station 21 and property that is the subject of the earlier filed unlawful detainer action, which was 22 later consolidated with this case. In this action, Ferguson filed a cross-complaint against 23 24 A midclaiming breach of lease, breach of implied covenant of good faith, waste, 25 trespass and nuisance, negligence, negligence per se, contractual indemnity, fraud, and 26 conspiracy to commit fraud, all of which were denied by Amiri. 27 28 1 Credibility of Witnesses 2 The decision hereinafter set forth has taken into consideration the credibility of 3 the witnesses. It was obvious that both Ms. Ferguson and Mr. Amiri had lapses of 4 5 credibility in their respective testimony with Ms. Ferguson's being of greater frequency. 6 Ms. Barnett displayed by conduct and appearance, as well as by words, the fact that her 7 view of Mr. Amiri was somewhat less than objective. It became clear later in the trial 8 from the testimony of Kirk Wheeler and Phillip Tang that Ms. Barnett and Apex had 9 failed to carry out fully and properly their duties for Mr. Amiri after the MTBE pollution 10 was discovered. The basis for the above partisanship of Ms. Barnett became clear from 11 12 the Wheeler and Tang testimony. 13 By the very nature of the issues presented by this case and the respective 14 positions of the parties, the court was required to and did place great weight upon 15 credibility. Ms. Eichhorn's conclusions as an expert were those of a real estate 16 salesperson and were not well documented. Mr. Cost's testimony was lacking in 17 believability. As in most cases, the credibility of all the witnesses in this case was a 18 major factor in the court's decision. 19 20 21 Issues Presented in the Consolidated Actions 22 The main issues presented by the pleadings and evidence are as follows: 23 1. Did Amiri give legal notice of his exercise of the option to extend the lease 24 on the subject property', and if so, 25 2. Was Amiri in default under the terms of the lease at the time such notice 26 was given? 27 28 • 1 3. Did Ferguson give Amiri an option to purchase the property? 2 4. Was Amiri liable to Ferguson for damages as a result of Amiri's 3 a. breaching the lease, 4 b. breaching an implied covenant of good faith, 5 6 c. committing waste in breach of the lease, 7 d. trespassing and committing a nuisance on Ferguson's property, 8 e. negligence, including negligence per se, 9 f. duty of contractual indemnity, 10 g. commission of fraud, and/or 11 h. conspiring to commit fraud. 12 13 5. Who is entitled to recover attorneys' fees and against whom? 14 The Unlawful Detainer Action 15 Ferguson asserts Amiri did not exercise the option legally and Amiri denies such 16 laim. Ferguson's assertions that the option exercise was invalid are fourfold: 17 1. The asserted exercise of the option to renew the lease was ineffective 18 because it sought to exercise two separate five-year options instead of 19 one; 20 21 2. The asserted exercise of the option was conditioned upon the grant of an 22 option to purchase the property by Ferguson to Amiri; 23 3. Amiri, by his attorney acknowledged that the asserted exercise of the 24 option was not effective; and 25 26 27 28 This case involves only the station at South Lake Tahoe and not the station at North Tahoe in Placer County. 3 1 4. Regardless of the validity of Ferguson's assertions above in items 1, 2, 2 and 3, Ferguson was in default under the terms of the lease and therefore, 3 could not validly exercise the option. 4 The first ground of Ferguson for asserting the exercise of the option was invalid 5 6 is based upon the contention that Exhibits 8 and 41 attempted to exercise two separate 7 options at one time and, as such, was void. The evidence was to the effect that Exhibit 8 8's first page referred to the service station at North Tahoe and sought to exercise that 9 option while the second page dealt with the South Tahoe station. The FAXED 10 document, Exhibit 41, referred in both pages to South Tahoe. Ferguson acknowledged 11 receipt, by FAX as she recalled, of Exhibit 8 but denied receiving Exhibit 41. Amiri 12 13 asserted that he sent Exhibit 8 to Ferguson but that attached to it as the second page 14 ere terms of the proposed option for the North Tahoe station. In her response, Exhibit 15 9, Ferguson referred to the second page referencing North Tahoe. Amiri testified that he 16 sent two separate documents of two pages; one exercising the option on the South 17 ahoe station and one on the North Tahoe station, which were sent by FAX and in the 18 .S. mail. From all the evidence, the Court concludes that Amiri sent to Ferguson by 19 20 AX and U.S. mail two separate documents of two pages each. Although there may 21 ave been at some point a mix up of the attachment, Ferguson did receive both two 22 .age documents and knew Amiri was saying in paragraph 1 of Exhibit 41 that he was 23 -xercising the South Tahoe option. The Court has concluded that Ferguson did receive 24 .oth documents asserting an exercise of the option. 25 26 27 28 4 1 Ferguson claims the option exercise contained within paragraph 1 of Exhibit 41 is 2 defective, because it purports to exercise both five-year lease extensions options 3 contained within paragraphs 25 and 25A of the lesae. Paragraph 1 of Exhibit 41 states: 4 5 "(1) Lessee hereby exercises the two five-year options extending the lease until 6 November 30, 2000, per section 25 and 25A." 7 The court finds that this was a clear exercise of both options, or, at the very least, 8 the first five-year option. The language of paragraphs 25 and 25A of Exhibit 1, the 9 lease, is vague and unclear as to the time when exercise must take place. As to the first 10 five-year option, it requires the notice be not less than 210 days before the termination 11 12 of the lease, which it was. No similar language is used with regard to the second five- 13 years extension option. Although, there are some grounds for asserting that the second 14 option was intended to be exercised during the first five-year extension, such is not 15 clear. Under the general rules of contract construction, where an ambiguity or 16 uncertainty exists, the ambiguity or uncertainty of the language is interpreted most 17 strongly against the party who caused the uncertainty to exist, that is the drafter of the 18 subject language. [Civil Code, § 1654, Victoria vs. Superior Court (1985) 40 Ca1.3d 734, 19 20 745-747]. Since the assignor to Ferguson was the corporation owned by her and her 21 husband and she received the property in her dissolution action, she stands in the 22 shoes of the drafter. Therefore, any ambiguity or uncertainty caused by the language of 23 paragraphs 25 and 25A is interpreted most strongly against Ferguson, as successor of 24 the drafter of the lease. The ambiguity in the lease should not be allowed to prejudice 25 the party who relied upon the unclear terms and gave a very clear statement exercising 26 27 the options. The terms of the extended period are also clear. In order to prevail on 28 5 1 Ferguson's first contention, it must established by a preponderance of the evidence that 2 Amiri did not exercise his option. The preponderance of the evidence establishes 3 otherwise. Even disregarding the vagueness of paragraph 25A of the lease, the intent 4 5 was clear that Amiri was exercising his option. This conclusion is reinforced by the 6 conduct of Ferguson with regard to North Tahoe (Exhibit 10). Furthermore, the court 7 holds that in construing the lease language against Ferguson, both extension options 8 were appropriately exercised and the lease was extended for ten years. 9 The Court further finds that the language of paragraph 1 and 2 of Exhibit 41, the 10 notice of exercise of the option, are separate. This conclusion is based upon the entire 11 12 course of conduct of the parties, including various items of correspondence regarding 13 the purchase dating back to 1992 (Exhibits 2&3), as well as the language of Exhibit 41. 14 There is no language to the effect that the exercise of the option was contingent upon 15 the granting of the option. The terms of Exhibit 41, paragraph 2 were not accepted; 16 however, that does not negate the unconditional language that the option was exercised 17 which by the terms of the lease needed no acceptance by Ferguson. The statements of 18 Ferguson with regard to the North Tahoe station in Exhibit 10 show that she construed 19 20 the lease extension option exercise paragraph in a nearly identical document as 21 separate and distinct from the option to purchase paragraph. Since both stations were 22 the subject of two separate exercises of option with almost identical language, 23 Ferguson's conduct related to the North Tahoe station gives a clear indication that 24 Ferguson understood both to be exercises of the option to extend the lease for two five- 25 year terms, while negotiations continued on the option to purchase. 26 27 28 6 1 The contention of Ferguson that Exhibit 12 is a clear indication that Amiri 2 understood that the option to extend had not been exercised is without merit. The 3 attorney drafted the documents so as to make it clear that Kang was the new lessee. 4 5 There was a draft assumption of lease (page 1 of Exhibit 12). The "agreement regarding 6 exercise of option" was for Mr. Kang's signature only. Considering all of the evidence 7 and dealings of the parties, this court cannot conclude that such was an admission by 8 Amiri that his exercise of the two five-year options was invalid, rather, it was an attempt 9 to have the extension verified as regards Mr. Kang. 10 Finally, the Court concludes that at the time of the exercise of the option on April 11 30, 1998, and thereafter, Amiri was not in default under paragraph 8 of the lease 12 13 (Exhibit 1). Ferguson asserts that paragraph 8 of the lease was violated by Amiri based 14 on two distinct asserted claims of waste and non-compliance with the law: first, the 15 -urface spills described by Ms. Barnett and Ms. Huber, and secondly, the leakage from 16 he pipes located under the dispensers which led to the MTBE contamination of the 17 earby well and other property. 18 • Ms. Barnett compiled a chronology of events that transpired at the station 19 Exhibit 60). This list contained two types of items: spills and permit and inspection 20 21 •roblems. The Court contrasted this list with the testimony of Ms. Huber and found that 22 he two were not totally compatible. Ms. Huber testified concerning her review of the file 23 sased on her experience working in the environmental health department for 27 years, 24 :nd as a manager for at least 10 to 15 years. She had responded to spills since the 25 nderground tank program began in 1989. She testified as to the annual permits for the 26 anks from their initial 1987 registration until close out of the old tanks which expired 27 28 • 1 December 22, 1998. She testified to five spills in December 1989, when a vehicle hit a 2 pump; December 24, 1990, when a vehicle hit a dispenser; June 11, 1993, when a 3 customer filling his vehicle with diesel left and it overflowed; June 4, 1994, when there 4 was a leak at pump number 2, and August 21, 1997, when a customer was unable to 5 6 stop the nozzle from dispersing gas. There was an unconfirmed splash of gas on a 7 customer on September 16, 1998. There is no doubt that most of the spills were caused 8 by customers either hitting the pumps with their cars or filling their gas tanks. The 9 December 1990 spill was not reported until the next day. The evidence was somewhat 10 unclear as to who reported the spills in many cases and the degree of credibility of the 11 station operator. There was no showing that any of the spills caused any significant 12 13 aste on the property or that, as to the South Tahoe station, any permits were 14 'uspended or denied as a result of the spills. Ms. Huber did testify that the number of 15 unauthorized releases at the Amiri station was more than other stations. Ms. Barnett's 16 ist (Exhibit 60) contains references to 12 releases, over twice as many spills as Ms. 17 uber, including two after she left employment in 1996, according to Ms. Huber. The 18 ecords upon which Ms. Barnett and Ms. Huber based their testimony were not 19 20 ntroduced and the Court cannot reconcile the great disparity in testimony between the 21 o Ferguson witnesses. The Court gave greater weight to Ms. Huber who was totally 22 eutral. Ms. Barnett worked for one of the companies hired by Amiri, Apex Envirotech, 23 nc., and was the project manager on the Amiri property to do soil sampling and 24 .isposal in October of 1998, as part of the tank and line removal (Exhibit 54, 55, 56 & 25 .7). It is noted that she worked for the firm, Apex, which was first engaged by Amiri after 26 27 28 8 I discovery of the MTBE leakage and was not, according to Mr. Wheeler, unable to do 2 such a job. The testimony of Mr. Tang supports this conclusion. 3 The lease extension option was exercised on April 30, 1998. Amiri had contacted 4 Mr. Sutton to remove the tanks and lines in the summer of 1997, according to Mr. 5 6 Sutton, who replaced the tanks after a short stoppage because Amiri had concerns 7 regarding his desired option to purchase on September 30, 1998. It was after the 8 exercise of the option that Lahontan became aware for the first time of MTBE in the 9 Lukens well. The leakage from the service station was suspected and later confirmed, 10 according to Ms. Barnett. 11 Ms. Ferguson indicated the lines and tanks were new before Amiri took over. The 12 13 evidence shows Amiri had commenced action to remove the tanks and lines before he 14 -xercised the lease and after that, the first part of October, he heard from Lahontan 15 -bout the MTBE. The evidence shows that except for the tardiness in doing its job by 16 pex, steps were take promptly to deal with the MTBE problem. Mr. Tang made it clear 17 hat the Lahontan timetable was not met, not through any fault of Mr. Amiri but as a 18 esult of the slowness, incomplete work and lack of capabilities of Apex, of which Ms. 19 :arnett was the project manager. 20 21 From the above evidence, as well as other testimony, the Court concludes that 22 'miri did all that was reasonably within his power to deal with the leakage and MTBE 23 .roblem when he became aware of it. In fact, the year before without any hard 24 -vidence, but merely on suspicion, Amiri had started replacement of the lines and tanks 25 ith Mr. Sutton. 26 27 28 9 1 The question is whether Amiri was in default. The surface spills were by and 2 large the result of acts of others. Although there had been a few instances of tardy 3 response, such, from all the evidence, were not so material as to amount to a default. 4 5 Lahontan levied an administrative fine because for 95 days, from April 15th through July 6 19, 1999, Amiri's contractors failed to act quickly enough and as a result were non- 7 compliant for that time. The board increased the recommended fine because of the 8 Kings Bay activities (North Tahoe) which are not involved with this action. Such a 9 finding is not binding on this court, particularly since it appears to be the subject of 10 reconsideration and possible appeal. The detailed evidence presented shows diligent 11 action by Amiri but an obvious failure of Apex to carry out the responsibilities with which 12 13 they were entrusted by contract to do. The decision of Lahontan, even if worthy of 14 consideration, is not supported by the evidence presented in this case. 15 Amiri's lack of knowledge of the leakage, combined with his actions before 16 .iscovery, as well as after, show he took reasonable steps to deal with the underground 17 eakage. In 10 years, according to the testimony, the MTBE contamination should be 18 -liminated. A material breach of the lease or default in its performance requires 19 20 nowledge and failure to act. Forfeitures are not favored by the law (Quatman vs. 21 cCra (1900) 128 Cal. 285, 289.], and must be strictly construed (Keating vs. Preston 22 1940) 42 Cal.App.2d 110, 117.]. 23 In summary, the plaintiff in the unlawful detainer action has failed to establish by 24 preponderance of the evidence that the defendants defaulted under the terms of the 25 ease in a material way, which would preclude them from exercising their right under the 26 27 ease terms to extend the lease. The notice of exercise of the extension option was 28 io • 1 sufficient, considering the vagueness of the option provisions in the lease to give notice 2 of the exercise and such was not stated in the exercise notice in such a manner as to 3 make it conditional upon the grant of a purchase option. Furthermore, the ambiguity and 4 5 uncertainty in the lease concerning the exercise of the second lease extension option, 6 when construed against Ferguson, allowed the exercise of both five-year options 7 simultaneously. • 8 The Complaint for Declaratory Relief 9 Amiri asserts that a binding agreement was reached with Ferguson by which a 10 purchase option right came into existence. Ferguson denies such. The basis for Amiri's 11 claim is twofold: first, the various writings exchanged by the parties constitute a written 12 13 contract and second, the doctrines of promissory estoppel and estoppel apply to estop 14 Ferguson from denying the contract. 15 An analysis of the various writings is required to determine if a written agreement 16 •y Ferguson to grant Amiri an option to purchase the station at South Lake Tahoe 17 -xists. The law is clear, as cited by Amiri, that a contract for the sale of real property 18 nd by inference, an option, may consist of one paper or several. [King vs. Stanley 19 1948) 32 Cal.2d 584, 588.]. The question here is which documents, if any, create a 20 21 ontract. Amiri asserts that the option is established by Exhibits 2, 4, 7, 8, 35 and 41. It 22 s necessary to consider the exhibits in the sequence written. On October 15, 1992, 23 erguson wrote a letter which was FAXED to Amiri (Exhibit 35). The document 24 onstituted a detailed offer by Ferguson to Amiri to purchase the property herein 25 nvolved along with two other stations. It clearly was not intended to be an option either 26 n the existing lease or as a separate document but was intended to be an offer to sell 27 28 11 1 by separate agreement each of the three mentioned properties. Although the letter 2 indicated Ferguson was "willing to negotiate" to sell to Amiri or assigns, its 3 completeness of terms would make it a definite offer, which, if accepted, would have 4 constituted a contract of sale. On September 8, 1992, apparently after a telephone 5 conversation between Amiri and Ferguson, Ferguson wrote a letter to Amiri (Exhibit 2). 6 7 The letter restated certain of the main terms. It contained words indicating that the down 8 payment would be a discussion point. Ferguson requested a response from Amiri. At 9 this point, an offer was again made on the original terms with the apparent willingness 10 to discuss down payment. 11 On May 21, 1997, over four years after Ferguson's original offers (Exhibits 35 12 13 and 2.), Amiri sent a letter to Ferguson which was, in fact, a counteroffer (Exhibit 4). The 14 original Ferguson offer had been terminated by a lapse of a reasonable time to accept it 15 (Civil Code, § 1587(2).) and any doubt was confirmed by the fact that the 1997 letter 16 as a counteroffer and such was a rejection of the initial offer. (Civil Code, § 1585; 1 17 itkin, Summary of California Law, (9th ed. 1987) Contracts, § 172, page 187; 18 estatement 2nd, Contracts § 39). This counteroffer changed the down payment and 19 erms of payment and envisioned a sale taking place on the day following the end of the 20 21 ease term. 22 On March 27, 1998, Ferguson sent a letter to Amiri (Exhibit 7). Such letter clearly 23 as a counteroffer to sell the property and envisioned a sale date of January 2001, with 24 : different down payment. Since it was a counteroffer, it must be construed as a 25 ejection of Mr. Amiri's May 21, 1997 offer. (1 Witkin, Summary of California Law, (9th 26 27 28 12 1 ed. 1987) Contracts, § 172, page 187; and Civil Code, § 1585). At this point, there was 2 still no contract for an option on sale of the property. 3 On April 30, 1998, Amiri sent a letter to Ferguson (Exhibit 8 and 4). This letter 4 stated Amiri would have an option to purchase the subject property for $350,000 with a 5 6 down payment of $37,500 and a credit for lease payments after remodeling. It is clear 7 that this was a counteroffer to the March 27, 1998 offer with a different down payment, a 8 credit provision for payments envisioning an option and providing completion of work 9 concerning the lines, dispensers and tank work, as well as other things. This 10 counteroffer was not signed by Ferguson. At this point, there still was no contract. 11 Amiri asserts that Exhibit 10, a Ferguson letter dated May 25, 1998 regarding 12 Kings Beach (North Tahoe) station, in some way is involved in creating a contract but 13 14 such in no way can be so construed, nor was there any contract created by this 15 document. 16 In summary, there were numerous writings between Ferguson and Amiri; 17 however, each from one party to the other was a counteroffer and acted as a rejection 18 .f the previous offer. Amiri has failed to show the Court, nor was any document placed 19 n evidence which could constitute, even considering other documents, a written 20 ontract for the sale of real property. Amiri has failed to show the existence of a written 21 22 ontract for the sale of the South Tahoe station. 23 In addition to the above comments, the position taken by Ferguson in her 24 •pening and closing brief states valid points confirming the above analysis that no 25 ontract or integrated writing existed for a purchase option. Absent a contract or 26 ntegrated series of agreements, the statute of fraud prohibits the finding of a valid 27 28 13 I option agreement, unless Amiri's second argument of estoppel is supported by the law 2 and evidence. • 3 Amiri must also fail in his contention that the doctrine of estoppel or promissory 4 5 estoppel applies to the facts of this case, so as to give him an option to purchase the 6 South Tahoe station. Without reference to pleading requirements, the Court will address 7 the estoppel contention of Amiri. The argument of Ferguson that Marriage of Umphrey 8 (1990) 218 Cal.App.3d 647 operates to bar Amiri's recovery assumes that an unfair 9 advantage would be given Amiri should the doctrine apply. Such a consideration is 10 never reached here and if the doctrine were found to apply, the issue of unfair 11 advantage would have been resolved in Amiri's favor. 12 As stated by Ferguson in her brief, there are four elements for promissory 13 14 estoppel to apply: First, a clear and unambiguous promise; second, reliance by the 15 party to whom the promise is made; third, the reliance must be reasonable and 16 foreseeable, and fourth, the party asserting it must be justified. (Laks vs. Coast Federal 17 Savings & Loan Association (1976) 60 Cal.App.3d 885, 890, citing Thomson vs. 18 Internat. Alliance of Stage Employees (1965) 232 Cai.App.2d 446, 454.] Amiri fails to 19 establish by a preponderance of the evidence that the third and fourth elements of the 20 21 test exist. 22 Amiri has asserted and the Court has found that he has validly exercised his 23 option to renew the lease for ten years. The installation of the more expensive 24 dispensers, lines and tanks were clearly to his advantage by insuring against leaks 25 during the ten year extension. In addition, as stated by Mr. Sutton, on August 3, 1998, 26 after the exercise of the extension option, a contract was entered into by Amiri for the 27 28 14. 1 superior grade system. This was the same day as the meeting where Ferguson 2 allegedly agreed to the option to purchase. It is noted that Mr. Sutton started 3 discussions with Amiri in the summer of 1997, well before the August 3, 1998 meeting. 4 5 After finding out that it would cost almost the same amount to cancel the contract, Amiri 6 proceeded with the installation of the upgraded system knowing that the purchase 7 option was disputed. It was Amiri's obligation to repair the system and the upgraded 8 system would insure, insofar as such was possible, its integrity over the 10 year 9 extension. As can be seen, there was no injury, merely performance of a requirement of 10 he lease (Exhibit 1) in a manner to provide as much protection as possible over the ten 11 6 ear extension. 12 13 In addition, considering the long and troubled negotiations and lack of agreement 14 setween Amiri and Ferguson, it is obvious that Amiri's reliance upon the questioned oral 15 =greement was totally unreasonable. The relations between the parties would place all 16 sersons, especially a person of Mr. Amiri's experience, on clear notice that the only 17 -afe and certain course of action would be to have the agreement in writing. The 18 ssertion that reliance upon the alleged Ferguson agreement was reasonable is 19 ontrary to the history of these parties' relationship and conduct. On this basis, Amiri 20 21 as failed to establish by a preponderance of the evidence that his reliance was 22 easonable or foreseeable by Ferguson. 23 By virtue of the above, it is unnecessary to reach the first element; however, if 24 .uch be considered, the Court has found that Amiri has not established a clear and 25 nambiguous promise by Ferguson by a preponderance of the evidence. 26 27 23 15 1 In summary, Amiri has failed to establish by a preponderance of the evidence, or 2 at all, that there was a written contract which gave him an option to purchase the South 3 Tahoe station or that the doctrines of estoppel or promissory estoppel apply so as to 4 5 give him such an option. 6 Cross Complaint in Declaratory Relief Action 7 Ferguson seeks a myriad of damages under various theories from Amiri, as well 8 as attorneys' fees. Each claim will be addressed separately. 9 Breach of Lease 10 As stated above, Ferguson failed to show by a preponderance of the evidence 11 that Amiri and his agents' conduct with regard to the spills or permit matters were 12 13 sufficiently material to constitute a breach of the lease. Again, the two areas of alleged 14 default discussed under the complaint for unlawful detainer would apply here. The first 15 category of alleged default being surface spills are clearly minor and the preponderance 16 of the evidence established that the spills led to no damage to the station. In almost all 17 instances, the spills were caused by third parties and the permit problems were minor. 18 The delay in certain instances at SouthTahoe caused no damage to the premises. The 19 20 tanks were not leaking according to the testimony of the experts; the leakage was in the 21 lines. Amiri was unaware of the same and acted, in the Court's opinion, in a timely 22 manner and removed all removable contamination to the leased premises by his 23 contracts for the replacement of the lines and tanks and excavation of the contaminated 24 soil. The MTBE contamination was on other properties and a plan has been 25 implemented to correct that. The contaminated earth has been removed as have the old 26 tanks and pipes. The testimony of Ferguson was that the tanks were installed by Mr. 27 28 16 1 Ferguson and were double walled, although such was not fully corroborated by Ms. 2 Huber. 3 In summary, there was no evidence that Amiri breached the lease in any material 4 5 manner. There is no doubt that the lines leaked and caused MTBE contamination nor is 6 there a dispute that the contamination, with the exception of the MTBE water 7 contamination, was remedied when the lines and contaminated soil were removed after 8 its excavation of the lines and tanks. As to the MTBE contamination, a program for 9 rectification is in place and, according to the testimony, will be paid on a reimbursement 10 basis by a state fund. The extent of oil and gasoline damage as opposed to MTBE has 11 not been established by a preponderance of the evidence. The testimony of Ms. 12 13 Eichhorn was not credible nor was her valuation approach reasonable. In addition, all 14 .uch damages are premature since the extension was found to be exercised and the 15 •amage, if any, must be determined at the end of the lease when the property will be 16 available for sale or lease free of the option. The testimony of Mr. Cost was not credible 17 or was there any corroboration of his story. The Court notes that Ferguson claims that 18 =t the outset of the lease the installation was put in by Mr. Ferguson and Mr. Sutton 19 •escribed it as "poor quality." Ms. Huber also contradicted Ms. Ferguson when she said 20 21 he tanks were not double walled but were old single wall tanks. The final point is that 22 'miri acted to comply with the law when such was required and the delays were those 23 •f his contractor. There is no good evidence of present damage or reason such should 24 •e trebled. To award damages now would be unjustified. 25 As to trespass and nuisance, the evidence of damage is as to MTBE 26 ontamination, which affects water. There was no well on the adjacent lot. The 27 28 '7 1 devaluation evidence was not credible as the MTBE contamination would not affect the 2 property's usage. As to the trespass issue, the evidence did not show by a 3 4 preponderance that certain of the station's facilities were on the adjacent lot and even if 5 it did, Amiri could have reasonably assumed the area where those facilities were 6 located at the time he leased the station were part of the leased premises even though 7 not situated within the described area of the lease. Therefore, the only trespass was by 8 the MTBE, which was addressed above. Ferguson failed to show any damage by 9 trespass or nuisance, other than the MTBE water contamination, to the adjacent lot that 10 was not in existence and located thereon at the time of the lease. 11 The evidence shows no damages for negligence not addressed elsewhere in this 12 13 decision. There was no clear evidence of a standard of care with regard to service 14 station tanks and lines other than the requirement of replacement, which was done. In 15 addition, the Court's ruling on the breach of lease would apply equally to this contention. 16 4 miri has corrected the problem and committed to the rectification program as well as 17 assuming by his own statement under oath responsibility for any fines ultimately 18 determined. The claim for indemnity is clear under the lease but again no damages are 19 ascertainable until the lease extension ends other than the fines for which Mr. Amiri is 20 21 primarily liable. 22 Ferguson has failed to provide any evidence of fraud, so that claim is without 23 merit. 24 As to the unpaid rent, Amiri is liable for the rent due in an uninterrupted sequence 25 rom the date of his last payment, less the funds ordered released by the Court which 26 ere paid into the court by Amiri. The rent amount from December 1, 1999 will be as 27 28 • is 1 determined by Ferguson and communicated to Amiri by her. No rent readjustment or 2 cost of living adjustment will be made prior to December 1, 1999 as the determination of 3 the increases were undoubtedly made by Ferguson without disclosure of the 4 computations and accepted and relied upon by Amiri. The rent from December 1, 1998, 5 6 will be continuous and determined as to what it should properly be as of December 1, 7 1999 with a proper cost of living adjustment relating back to the lease inception and as 8 properly determined. If a dispute as to this amount exists, the Court reserves jurisdiction 9 to confirm the amount. 10 Amiri, as defendant, prevailed on the complaint for unlawful detainer; Ferguson, 11 as defendant, prevailed on the complaint for declaratory relief. Both Ferguson and Amiri 12 13 prevailed on certain of the items claimed on the cross-complaint in the declaratory relief 14 =ction. 15 The contract, Exhibit 1, provides in paragraph 16 that Lessee (Amiri) shall pay 16 essor (Ferguson) her attorney's fees in any action for unlawful detainer or arising out of 17 he lease. Civil Code, § 1717 states that in a clause such as this, the prevailing party 18 .hall be entitled to recover attorneys' fees. Considering the outcome of this case, the 19 act that each party prevailed on one of the two complaints and the cross complaint 20 21 tems were split as to the prevailing parties, the Court finds that neither party shall be 22 -ntitled to recover attorneys' fees or costs. 23 If a statement of decision as to the entire ruling or any part thereof, that is a ruling 24 en either complaint or the cross complaint, is requested by either party, then the 25 ollowing is ordered: 26 27 28 19 1 1. Defendant Amirl shall prepare the Statement of Decision and a proposed 2 judgment on the Complaint for Unlawful Detainer. 3 2. Defendant Ferguson shall prepare the Statement of Decision on the 4 5 Complaint for Declaratory Relief. 6 3. Each side shall submit a Statement of Decision on the Cross Complaint to 7 the Complaint for Declaratory Relief. 8 9 Dated: A ge690 10 11 12 — 13 "a 11m1-41 . it 14 Judge of the Superior Court 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20 • • 1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF EL DORADO 3 4 5 MARY ANN FERGUSON' Plaintiff(s) CASE NO: SVU-2052 6 CERTIFICATE OF vs. MAILING 7 AYRAD AMIRI 8 SARBJIT SING KANG 9 Defendant(s). 10 11 I, HOLLY M. WARREN, Judicial Secretary of the Superior Courts of the County 12 of El Dorado, State of California, do hereby certify that I am a citizen of the United States and employed in the County of El Dorado; I am over the age of eighteen years 13 and not a party to the within action; my business address is Superior Court of the State of California, County of El Dorado, 495 Main Street, Placerville, CA 95667, and I mailed 14 the attached document(s) on the parties as indicated below: 15 James E. Simon, Esq., PORTER-SIMON, 40200 Truckee Airport Road, Truckee, CA 16 96161 John R. Olson, Esq., 3062 Cedar Ravine, Placerville, CA 95667 17 I am familiar with the business practice of El Dorado County Superior Court with 18 regard to collection and processing of documents for mailing. The documents described above were placed for collection and mailing in Placerville, CA., through either the 19 United States Post Office, Inter-Departmental Mail, or Courthouse Attorney File. 20 Executed on February 17, 2000 in Placerville, California. 21 EL DORADO COUNTY SUPERIOR COURT 22 B .--4.6-4-6 . c ) 23 y J/d icial Secretary 24 25 26 27 28 v. wrry r Kurvi P. 1ftyot$offlhIAe7abie " .� inakfne a posulive different:* row" A, r, CITY OF SOUTH LAKE TAHOE 0E bin it RESOLUTION NO. 2000- ^Ansi ` . to A RESOLUTION SUPPORTING THE COUNTY OF EL DORADO eteate,he IN ITS EFFORTS TO MAINTAIN THE CITY'S WATER SUPPLY ba r„Moor e RESOLVED,by the City Council of the City of South Lake Tahoe that, Jnr cµr WHEREAS, underground aquifers are the source of drinking water for a large `°.n.nuni{r portion of the City of South Lake Tahoe and in unincorporated areas of El Dorado County, specifically the communities of Meyers and Christmas Valley;and WHEREAS, the contamination of a public water supply is a public nuisance which cities are authorized to abate pursuant to the police powers granted to cities in the California Constitution, Article XI, Section 7, to protect the public health safety and welfare of its citizens;and WHEREAS, the University of California prepared a comprehensive report on the health and environmental assessment of Methyl Tertiary-Butyl Ether (INfl BE) which was made widely available fox public review and comment, and which findings and recommendations of the U.C,report,together with public testimony and regulatory agencies are that MTBE poses an environmental threat to groundwater and drinking vaster; and WHEREAS, MTBE has contaminated Lake Tahoe region drinking water wells, and water agencies in the Lake Tahoe region have ceased to operate wells because of the contamination to, or substantial and imminent threat of contamination to, these wells from MTBE. As a result, City, County,and STPUD desire to take immediate steps to protect the groundwater and drinking water supplies within the Lake Tahoe region, and to protect the public health from the unreasonable and continuing threat of MTBE contaminated water supplies;and WHEREAS, the U.S. Environmental Protection Agency has not required the mandated use of MTBE or any other fuel additive in South Lake Tahoe for air quality purposes;and WHEREAS, the City Council urged Federal Environmental Protection Agency officials to take action to eradicate the threat to the City's drinking water, aqui the threat to Lake Tahoe. "our national treasure";and elkeidgeltann•Maids•kitatTabst,41EAS6151414 MINN 5165124M•Wish(53$)541404$ POO)SAM 3-16-2000 11 :66AM FROM P 4 WHEREAS, the City Council passed and adopted Resolution No. 98.74 on October 6, 1998,stating the council's intent to consider a ban of the use of MTBF within the City of South Lake Tahoe to protect water sources which are vulnerable to contamination by MTBE if other governing agencies do not take action by April 1, 1999, to protect the City's water supply;and WHEREAS,the City Council urged Governor Davis to employ his executive powers to take action to protect the State's valuable water resources, including the possible ban of the use of MTBE as an additive to motor vehicle fuels in the State of California: WHEREAS,on March 25, 1999,Governor Davis, found that "there is,on balance, a significant risk to California's environment associated with the continued use of MTBE in gasoline ..."; and issued Executive Order D-5-99 directing the California Air Resources Board and the California Energy Commission to work with the petroleum industry to supply MTBE-free California-compliant gasoline year round to the Lake Tahoe region at the earliest possible date; and WHEREAS, on May 18, 1999, the City Council entered into a Cooperative Agreement Regarding the Elimination of MTBE in Gasoline in the Lake Tahoe Region with the County of El Dorado and South Tahoe Public Utility District; and WHEREAS, the Lake Tahoe region has been supplied and had available to the public gasoline without the MTBE gasoline additive, and the City, as well as the other members of the Lake Tahoe Water Preservation Committee, desire to assist County. State and Federal agencies in immediate and complete implementation of an MTBEEfree California-compliant, gasoline to the Lake Tahoe region;and WHEREAS, there are gas stations which continue to sell fuel containing MTBE in the Lake Tahoe portion of El Dorado County; NOW,THEREFORE, BE IT RESOLVED,that the City Council hereby supports the County of El Dorado in its efforts to maintain the City's water supply by banning the sale of fuel containing MTBE in the Lake Tahoe Basin area of El Dorado County. /1/ /// /// 3-16-2002 I1 :574M FROM P' S BE IT FURTHER RESOLVED that the City Council supports the County of El Dorado's adoption of an ordinance banning the sale of fuel containing MTBE in the Lake Tahoe Basin area of El Dorado County, and authorizes El Dorado Court to enforce its ordinance within the city limits of South Lake Tahoe. PASSED AND ADOPTED by the City Council of the City of South Lake Tahoe on March 21, WOO,by the following vote: AYES: Councilmembers, NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers Tom Davis, Mayor ATTEST: City Clerk (City Seal) Rssoution/Cn1yRsso 3