The URL can be used to link to this page

AP 02-07-13 �OVTH Tqyp� ° - - �.�-- o� S°'�'e. . �9 s o • W e� �e��un�mr a►�`� SOUTH TAHOE PUBLIC UTILITY DISTRICT REGULAR BOARD MEETING AGENDA Thursday, February 7, 2013 2:00 P.M. District Board Room 1275 Meadow Crest Drive, South Lake Tahoe, California Richard Solbri , General Mana er Paul Sciuto, Assistant General Mana er Eric W.Schafer, President BOARD MEMBERS Jqmes R. Jones, Vice President Chris Cefalu, Director Rand Vo el esan , Director Kell Sheehan, Director 1. CALL TO ORDER REGULAR MEETING— PLEDGE OF ALLEGIANCE 2. COMMENTS FROM THE AUDIENCE �This is an opportunity for members of the public to address the Board on any short non-agenda items that are within the subject matter jurisdiction of the District. No discussion or action can be taken on matters not listed on the agenda, per the Brown Act. Each member of the public who wishes to comment shall be allotted five minutes,and no more than three individuals shall address the same subject.) 3. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR (For purposes of the Brown Act, all Action and Consent items listed give a brief description of each item of business to be transacted or discussed. Recommendations of the staff,as shown, do not prevent the Board from taking other action.) 4. ADOPTION OF CONSENT CALENDAR (Any item can be removed to be discussed and considered separately upon request.Comments and questions from members of the public,staff or Board can be taken when the comment does not necessitate separate action.) 5. CONSENT ITEMS BROUGHT FORWARD FOR SEPARATE DISCUSSION /ACTION 6. ITEMS FOR BOARD ACTION REQUESTED BOARD ACTION a. The Aspens at South Lake Authorize Board President to i Pg.21 (Paul Hughes,Chief Financial Officer) Execute the Fee Deferral Agreement � with SLT Pacific Associates, a California Limited Partnership � b. Allocation of Responsibility for Maintenance Direct Staff Pg.31 of Water Meters (Tim Bledsoe, Manager of Customer Service) REGULAR BOARD MEETING AGENDA-FEBRUARY 7,2013 PAGE-2 c. Water Service Charges for Vacant Properties Enact Ordinance Amending Pg.33 (Tim Bledsoe, Manager of Customer Service) Section 3.1.55 of the Administrative Code Regarding the Suspension of Water Service Charges for Vacant Properfies and Superseding Ordinance 524-10 in its Entirety d. Sewer Connection Permit and Inspection Enact Ordinance Amending Pg.37 Fees Sections 4.5.2, 4.5.9, and 4.5.10 of (Tim Bledsoe,Manager of Customer Service) the Administrative Code Regarding Fees for Issuing a Permit to Connect and Inspect a Sewer Lateral and Issuing a Permit to Install and Inspect a Wye Saddle e. Scheduled Capacity Charge Increases and Direct Staff Pg.41 Two-Year Monitoring Period for Commercial Connections (Paul Hughes,Chief Financial Officer) f. Payment of Claims Approve Payment in the Amount of Pg.43 ��.82�,251.62 7. STANDING COMMITTEE REPORTS (Discussions may take place; however, no action will be taken) a. Water 8� Wastewater Operations Committee Meeting of 02/04/13 (Jones/Vogelgesang ) 8. BOARD MEMBER REPORTS (Discussions may take place; however, no action will be taken.) 9. EL DORADO COUNTY WATER AGENCY PURVEYOR REPORT 10. GENERAL MANAGER REPORT(S) (Discussions may take place; however, no action will be taken.) a. Outreach Presentation to Board of Supervisors and TRPA Governing Board b. Retirement Health Savings Plan 11. STAFF /ATTORNEY REPORT(S) (Discussions may take place; however, no action will be taken.) a. Delinquent Accounts Update (Tim Bledsoe) b. Diamond Valley Ranch Water Rights Transfer (Brad Herrema) c. Fallen Leaf Lake (Paul Sciuto) 12. NOTICE OF PAST AND FUTURE MEETINGS / EVENTS Past Meetin4s / Events 02/04/13-Water and Wastewater Operations Committee Meeting REGULAR BOARD MEETING AGENDA-FEBRUARY 7, 2013 PAGE-3 Future Meetinqs / Events 02/12/13- District Office Closed (Lincoln's Birthday) 02/13/13- 10:00 a.m.-EI Dorado County Water Agency Board Meeting in Shingle Springs 02/14/13- 8:30 a.m. - Finance Committee Meeting at District 02/18/13- Distric# Office Closed (Presidents' Day) 02/21/13- 1:15 p.m.- Finance Committee Meeting at District 02/21/13-2:00 p.m.-STPUD Regular Board Meeting at District 02/23/13-02/28/13-CASA 8� ACWA Washington D.C. Conferences 02/27/13-6:30 p.m.- Water Conservation Workshop at District 13. CLOSED SESSION (The Board will adjourn to Closed Session to discuss items identified below. Closed Session is not open to the public; however, an opporfunity will be provided at this time if members of the public would like to comment on any item listed.Three minute limit.) a. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel Pg.63 Existing Litigation re: EI Dorado County Superior Courf Case SC20120227 GRCLT Condominium vs. South Tahoe Public Utility District b. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel Pg.65 Existing Litigation re: False Claims Act Case: United States, the States of California, Delaware, Florida, Nevada, and Tennessee and the Commonwealths of , Massachusetts and Virginia ex rel. John Hendrix v. J-M Manufacturing Company, Inc. and Formosa Plastics Corporation, U.S.A., Civil Action No. ED CVO6-0055-GW, United � Sta#es District Court for the Central District of California �� c. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Pg.67 Counsel - Existing Litigation re: Los Angeles County Superior Court Case No. BC459943, State of Nevada, et al. v. J-M Manufacturing, et al. d. Pursuant to Government Code Section 54957/Public Employee Evaluation Pg.69 Unrepresented Employee Position: General Manager 14. ACTION / REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION 15. ADJOURNMENT (To #he next regular meeting, February 21, 2013, at 2:00 p.m.) I � { REGULAR BOARD MEETING AGENDA-FEBRUARY 7, 2013 PAGE-4 � � � � The South Tahoe Public Utility District Board of Directors regularly meets the first and third Thursday of each month. A complete agenda packet,including all backup information is available for review at the meeting and at the District office during the hours of 8:00 a.m.-5:00 p.m., Monday through Friday. A recording of the meeting is retained for 30 days affer minutes of the meeting have been approved. Items on this agenda are numbered for identification purposes only and will not necessarily be considered in the order in which they appear on the agenda. Designated times are for particular items only. Public Hearings will not be called to order prior to the time specified, but may occur slightly later than the specified time. Public participation is encouraged. Public comments on items appearing on the agenda will be taken at the same time the agenda items are heard;comments should be brief and directed to the specifics of the item being considered. Please provide the Clerk of the Board with a copy of all written material presented at the meeting.Comments on items not on the agenda can be heard during "Comments from the Audience;"however,action cannot be taken on items not on the agenda. *Backup materials relating to an open session item on this agenda,which are not included with the Board packet,will be made available for public inspection at the same time they are distributed or made available to the Board,and can be viewed at the District office,at the Board meeting, and upon request to the Clerk of the Board. The meeting location is accessible to people with disabilities. Every reasonable efforf will be made to accommodate participation of the disabled in all of the District's p�blic meetings. If particular accommodations are needed, please contact the Clerk of the Board at (530) 544-6474, extension 6203. All inquiries must be made at least 48 hours in advance of the meeting. I E � �OVTH TqhO F - ' � �p. m� Ve��ej ' 1850 '�ws� �j �k' LITY W��► CONSENT CALENDAR FEBRUARY 7, 2013 ITEMS REQUESTED ACTION a. Billing of Water Service Charges Enact Ordinance Amending Section Pg. � (Tim Bledsoe,Manager of Customer Service) 6.1.2 of the Administrative Code Regarding the Billing of Water Service Charges b. 2012 Water Tank Recoating Project Authorize Amendment A to Task Pg.5 (John Thiel, Principal Engineer) Order No. 7 to Bay Area Coating Consultants (BACC) for Additional Coating Inspection Services, in the Amount Not to Exceed $15,200 c. 2012 Water Tank Recoating Project Approve Change Order No. 3 to Pg. 13 (John Thiel, Principal Engineer) Crosno Construction, Inc., in the Amount of $14,120.62 � d. Wireless Network at Plant Authorize Staff to Request Pg. 17 Chris Skell , Network/Telecom S stems Administrator UOf ti ( v v Q a ons for New Cisco or ) Equivalent Wireless Network Solution e. Wildwood Waterline Replacement Project and (1) Approve Project Closeout Agree- Pg. 19 Bal Bijou Waterline Project ment and Release of Claims for �J�lie Ryan,Senior Engineer) Thomas Haen Company, Inc., and (2) Authorize Staff to File a Notice of Completion with the EI Dorado County Clerk South Tahoe Public Utility District■ 1274 Meadow Crest Drive ■South Lake Tahoe,CA 96150 Phone 530.544.6474■ Facsimile 530.541.0614■www.stpud.us � General Manager , Richard H.5olbrig � � y a� -�,,w$j� Directors � � v Vi �� Chris Cefalu JameS R.JoneS ;�,,; � � � � � Randy Vogelge5ang � �'u b I�c U tl i ity D��tri c� Kelly Sheehan Eric 5chafer 1275 Meadow CreSt Drive•South Lake Tahoe•CA 96150-740Z Phone 53�5�4�-6474•�ax 530 541-d614•www.��ud.us BOARD AGENDA ITEM 4a TO: Board of Directors FROM: Tim Bledsoe, Manager of Customer Service MEETING DATE: February 7, 2013 ITEM- PROJECT NAME: Billing of Water Service Charges I � REQUESTED BOARD ACTION: Enact Ordinance amending Section 6.1.2 of the I Administrative Code regarding the billing of water service charges. I DISCUSSION: Currently the Administrative Code Section 6.1.2 (a) states, "Except, as otherwise provided in this Section 6.1.2, water service charges shall be billed in advance for the billing period, as determined by the District." Now that meters are installed within the District boundaries and services are billed in arrears, this section needs to be updated to state, "Except, as otherwise provided in this Section 6.1.2, water service customers on a flat rate shall be billed in advance for the billing period, as determined by the District. Water service customers on a metered rate shall be billed in arrears for the consumption porfion of their bill, and in advance for the base charge portion of their bill." SCHEDULE: As soon as possible COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATiACHMENTS: Ordinance CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Wpter GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO -1- ORDINANCE NO. AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AMENDING ADMINISTRATIVE CODE SECTION 6.1.2 REGARDING THE BILLING OF WATER SERVICE CHARGES BE IT ENACTED by the Board of Directors of the South Tahoe Public Utility District, County of EI Dorado, State of California, as follows: SECTION I — POLICY AND PURPOSE The purpose of this Ordinance is to adopt certain amendments to the Administrative Code regarding the billing of water service charges. SECTION 11— DEFINITIONS For the purpose of this Ordinance, the terms used herein are defined as follows: i A. The District—The South Tahoe Public Utility District. ; B. The Board —The Board of Directors of the South Tahoe Public Utility District. ( C. Administrative Code—The compilation and codification of all of the Administrative, Water, Sewer, Street Lighting and Groundwater Management Plan Ordinance of the District, and provide the public with guidelines applicable to District operations. SECTION III — FINDINGS The Board of Directors of the South Tahoe Public Utility District, County of EI Dorado, State of California, make the following findings: 1. The District's Administrative Code provides that water service charges be billed in advance for each billing period. 2. The provisions of the DistricYs Administrative Code regarding the billing of water service charges were implemented when all District water service customers were billed on a flat fee basis. However, at present all of the DistricYs commercial water customers are billed pursuant to a metered rate and, pursuant to California law, all residential customers receive metered water service or will receive metered water service by 2025. 3. California law requires that customers receiving metered water service be charged based on their water consumption. 4. While it was appropriate to bill customers receiving water service pursuant to a flat fee charge in advance, customers cannot be billed based on their actual water consumption in advance of their water use. 5. The proposed amendment is intended to make clear that customers receiving metered water service and billed based on water consumption will be billed in arrears according to the District's meter reading schedule. -3- _ � 6. The Board has determined that it is in the best interest of the District's customers to adopt an ordinance amending certain provisions of the Administrative Code regarding the billing of water service charges. SECTION IV—AMEND SECTION 6.1.2 OF THE ADMINISTRATIVE CODE Administrative Code Section 6.1.2(a) is to be amended as follows: 6.1.2 Billin4 of Water Service Char_qes. Water Service charges, as provided in Sections 3.1.23 through 3.1.55, inclusive, shall be billed as follows: a) General. Except, as otherwise provided in this Section 6.1.2., annual flat rate water service charges shall be billed in advance for the billing period, as determined by the District. Metered water rate service charges shall be billed in arrears as determined by the District. SECTION V—SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause or phrase of �. this Ordinance and its implementing rules and regulations is for any reason held to be = unconstitutional or invalid, such decision shall not affect the validity of the remaining ` portions of this Ordinance or the Administrative Code. The Board of Directors declares "� and determines that it would have passed any section, subsection, subdivision, `• paragraph, sentence, clause or phrase of this Ordinance and its implementing rules and ` regulations and the Administrative Code irrespective of the fact that any one or more r' sections, subsections, subdivisions, paragraphs, sentences, clause or phrases may be � determined to be unconstitutional or invalid. r SECTION VI —EFFECTIVE DATE t This Ordinance amending the above referenced section to the Administrative Code shall take effect thirty days after its passage. PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public � Utility District at its duly held regular meeting on the 7�'day of February, 2013, by the < following vote: ' , AYES: NOES: 6 � � ABSENT: £ Eric Schafer, President ` South Tahoe Public Utility District ; ¢ ATTEST: Kathy Sharp, Clerk of the Board `' � � -4- 3 k 6eneral Manager Richard H.5olbrig � f ��W • � � �� Director5 Chris Cefalu Jamey R.Jones '""" �'u bI i c Uti I ity D i�tri c-t Randy Vogelgeyang Kelly Sheehan Eric 5chafer 1275 Meadow Crest Qrive•South take Tahae•CA 96150-7401 Phone 530 54�4�-6474•Fax 530 541-Q�'o14•W4vw.5tpt1G�.U5 BOARD AGENDA ITEM 4b TO: Board of Directors FROM: John Thiel, Principal Engineer MEETING DATE: February 7, 2013 ITEM-PROJECT NAME: 2012 Water Tank Recoating Project � � REQUESTED BOARD ACTION: Authorize Amendment A to Task Order No. 7 to Bay Area � Coating Consultants (BACC) for additional coating inspection services, in the amount � not to exceed $15,200. DISCUSSION: Staff is proposing to increase the contract budget with BACC to compensate for additional coatings inspection work completed as part of the 2012 Water Tank Recoating Project. The project included significant extra work including the exterior coating of three additional tanks, and other additional work as detailed in change orders for the Contractor, Crosno Construction, Inc. This additional coatings work required additional time for inspection by BACC. Overtime and weekend work also became necessary to meet the project schedule which resulted in additional costs from BACC. ` The Board has previously approved Staff's recommendation to use BACC to provide the onsite inspection work because coatings inspection work is a specialty and because we expect the use of a NACE 3 certified inspector (from BACC) will result in a superior coating product. We have used BACC on several previous coatings projects with much success. The additional inspection work was completed during the course of the project, ending December 21, 2012. The attached Amendment A to Task Order No. 7 and a letter proposal from BACC provide additional detail. -5- John Thiel February 7,2013 Page 2 E Y � k SCHEDULE: Upon Board ApprovaL n� COSTS: $15,200 ACCOUNT NO: 2029-8261 BUDGETED AMOUNT REMAINING: <$22,702) ATTACHMENTS: Amendment A to Task Order No. 7, Proposal from BACC CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES � NO CHIEF FINANCIAL OFFICER: YES NO "° r -6- f BAY AREA COATING CONSULTANTS, INC. AMENDMENT A to TASK ORDER N0. 7 CONSULTING SERVICES This Task Order is made and entered into as of the day of January 2013 by and between South Tahoe Public Utility District,hereinafter referred to as"DISTRICT"and Bay Area Coating Consultants, Inc.,hereinafter referred to as"CONSULTANT". In consideration of the mutual promises, covenants, and conditions as addressed in the Master Agreement dated August 1, 2007 and as specifically hereinafter set forth, the parties do hereby agree as follows: 1. PURPOSE The purpose of this Task Order is to increase the budget for work CONSULTANT provided for an NACE Level 3 inspector to conduct additional coating and lining inspections services for the coatings work performed on the Cold Creek, Christmas Valley, and Gardner Mountain #1 and #2 Tanks as � detailed on contract documents for South Tahoe Public Utility District's 2912 Water Tanks Recoating ! Project, including additional work identified on Change Orders No. 1 and No. 2. I i 2. SCOPE OF WORK The scope of work for the additional services is contained in CONSULTANT's written proposal dated January 22, 2013. This proposal is attached hereto as Exhibit "A", and incorporated herein by this reference as a part of this Amendment A to Task Order 7. 3. STAFFING Staffing will consist of Todd Whittenburg, NACE Inspector, and Ed Darrimon, President and Project Manager. CONSULTANT shall not change staffing without approval by DISTRICT. Any changes shall provide for equivalent qualifications as far as possible and practical. 4. DISTRICT RESPONSIBILITIES DISTRICT agrees that its officers and employees will cooperate with CONSULTANT in the performance of services under this Task Order and will provide, if needed for the performance of this task order, specific services, information and documentation in District's possession and under District's control. 5. TIME OF PERFORMANCE Tasks for this Amendment A to Task Order 7 have already been completed under verbal notice to proceed in order to keep project progress on schedule. Tasks commenced on or about October 23, 2012 and were completed on or about December 21, 2012. 1 -�- _ r 6. PAYMENT � Payment to CONSULTANT for services performed under this Amendment A to Task Order 7 shall be as providetl in Article IV of the 8/1/07 Master Agreement and shall not exceed the amount of Fifteen Thousand Two Hundred Dollars ($15,200) unless the scope of work is changed and an increase is authorized by DISTRICT. 7. INSURANCE COVERAGE CONSULTANT's Errors&Omissions coverage shall be$1,000,000 aggregate with a deductible of not more than $5,000 for the duration of this Task Order. 8. LABOR CODE REQUIREMENTS All State of Califomia prevailing wage laws must be complied with in the performance of work relatetl " : to this Task Order. These include, bu#are not limited to, Labor Code Sections 1720 through 1860. g 9. EFFECTIVE DATE This Amendment A to Task Order No. 7 will become effective upon Board approval on February � 7, 2013, and said approval shall serve as a Notice to Proceed. IN WITNESS WHEREOF,this Task Order is executed by the General Manager and Clerk of the Board of the South Tahoe Public Utility District,and CONSULTANT has caused this Agreement to be executed the day and s year first above written. SOUTH TAHOE PUBLIC UTILITY DISTRICT s � Februarv 7, 2013 Richard H. Solbrig, General Manager/Engineer Date Attest Kathy Sharp, Clerk of Board � BAY AREA COATING CONSULTANTS, INC. � t f Ed Darrimon, President � � z i k �� My J BACC BAY AR EA CO� 11NG CONSULTANT C, '�"sx�'_ '°_ '_�..•— Experience& Integrity Since 2987 Mr. John A. Thiel, PE, MBA. January 25, 2013 Principal Engineer South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Subject: Task order 7-A Dear Mr. Thiel: Bay Area Coating Consultants, Inc. is requesting additional funds for the 2012 reservoir ( recoating project for coating inspection work. This work is due to the Contractors changing schedule, weekend work and overtime, including the additional exterior coating work at three ; reservoirs and other additional work as detailed in the change orders 1, 2, and 3. The original ; estimate was based on finro hundred and twelve hours with no weekend or overtime. Due to the urgency due to weather and get the reservoir back in to service the Contractor worked overtime during the week and weekends. BACC is requesting an additional amount of$15,200.00 to cover the overtime work performed. Respectfully submitted, /i i Ed Darrimon President Bay Area Coating Consultants, Inc. NACE#106 Ph (888)-384-6839 Fax (209) 669-3633 edarrimon@bavareacoatin�.com www.bavareacoatin�.com Corporate:1-888-384-6839 Bakersfield Ot�fice:1-6b1-836-5799 Fax:1-661-832-2210 www.baXareacoating.com Coating and Lining Inspection Services Since 1987 Member:API-A�41�WA-NACE-SSPC-ASTM Exhibit A � BAY AREA COATING CONSULTANT SERVICES. INC. **********I NVO I C E********** _ , , Date: December 26,2012 - �-;r CUENT: South Tahoe Public Utility District jij .i 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 '` �-� �='�sx-� � ' . �. : : PROJECT ENGINEER: Mr.John Thiel PROJECT: Gardner TK#2 Christmas Valley CONTRACT: PO: � INVOICE: E02730 PAYMENT PERIOD 11/28/12 through 12/26/12 Task Order: No.7 Bud et: 546,000.00 DIRECT COST Balance: . � *C y ,.:�'�` -r.� �'� �x•.. ;i: " �" r.y, -�-'° :�;- ".:� ,'k.�. ..� Y - � � l. � ��,'4� -:.� -�� ` �� '...... . . . . ........ ..�,,. ;. . 10/23/2012 Todd W. Ins ection 0.0 2.0 10/25/2012 Todd W. Ins tion 4.0 0.0 10/26/2012 Todd W. Ins ection 4.0 0.0 10/29/2012 Todd W. Ins ection 4.0 0.0 10/30/2012 Todd W. ins ection 2.0 0.0 10/31/2012 Todd W. Ins ection 4.0 0.0 11/1/2012 Todd W. ins tion 4.0 0.0 11/5/2012 Todd W. Ins tion 4.0 0.0 11/6/2012 Todd W. Ins ection 8.0 0.0 11J7/2012 Todd W. Ins tion 8.0 0.0 11/8/2012 Todd W. Ins ction 4.0 0.0 11/12/2012 Todd W. Ins ection 4.0 0.0 11/13/2012 Todd W. Ins ction 8.0 2.0 11/15/2012 Todd W. Ins ection 4.0 0.0 1112M2012 Todd W. Ins ection 0.0 5.0 11/25/2012 Todd W. ins tion 0.0 10.0 11/26/2012 Todd W. Ins e�tion 8.0 0.0 11/27/2012 Todd W. Ins tion 8.0 0.0 11/28/2012 Todd W. Ins tion 6.0 0.0 12/3/2012 Todd W. Ins tion 8.0 0.0 12/4/2012 Todd W. Ins ection 8.0 2.0 12/5/2012 Todd W. Ins tion 4.0 0.0 12/612012 Todd W. Ins ection 8.0 2.0 12R/2012 Todd W. Ins ection 4.0 0.0 12/10/2012 Todd W. Ins ection 4.0 0.0 12/11/2012 Todd W. Ins tion 4.0 0.0 12/19/2012 Todd W. Ins ection 8.0 0.0 12/20/2012 Todd W. Ins ection 8.0 2.0 12/21/2012 Todd W. Ins ection 6.5 0.0 , _ .. ,. �a ,y. .t_.. _ - ; , , .:: �.. t ,:�_ r . . . �T�..:, �; ,.� � �� . � , r _ �� PLEASE REMIT TO: BA.C.C.S. P.O. BOX 867, DENAIR.CA.95316 1-888-384-6839 FAX: 209-669-3633 Exhibit A �AY AREA COATING CONSULTANT SERVICES. INC. TOTAL HOURS 146.5 25.0 HOURLY RATE �75.00 �112.50 DIRECT COST 10,987.50 �2,812.50 HOTEL Bilied a1,400.00 Monthl 0 51,400.00 SUBSISTENCE DAYS S30.00/DAY 0 a0.00 TOTAL AMOUNT DUE 515,200.00 � �. , � �: � PLEASE REMIT TO: B.A.C.C.S. P.O. BOX 867,DEN�►�R, CA.95316 1-888�84�839 FAX: 209-669-3633 � 4r Exhibit A S General Manager Richard H.5olbrig � . 1s�o . y�, � � i '� � ^ � Director5 U ( } GhriS Cefalu �'� James R.Jones "�- ;�,� � • � • � Kandy Vogelgeeang �ub��c Ut�lity D�Strict KeilySheehan Eric 5chafer 1275 Meadow Crest Drive•South Lake Tahoe•CA 96150-7401 Phone 530 5�4�4-6474•Fax 530 541-U614•www.st�d.us BOARD AGENDA ITEM 4c TO: Board of Directors FROM: John Thiel, Principal Engineer MEETING DATE: February 7, 2013 ITEM- PROJECT NAME: 2012 Water Tank Recoating Project i REQUESTED BOARD ACTION: Approve Change Order No. 3 to Crosno Construction, Inc., ' in the amount of$14,120.62 DISCUSSION: This proposed Change Order No. 3 includes additional work as follows: • Part A-The District directed Crosno to complete additional work on the interior roof structure at Gardner Mountain Tank No. 2 which included blasting, preparation, and coating of rafter cross braces and ties. The result will be a better long-term coating installation. The additional cost on a time and materials basis is $10,004.68. • Part B-The District decided to change the cathodic protection system at Christmas Valley Tank from an impressed current system to a galvanic system which will require less maintenance, testing, and replacement costs in the future. The galvanic system includes magnesium rods which are installed on multiple bracket pairs inside the tank. The additional cost to provide, install, blast, and coat these new brackets on a time and materials basis is $2,021.66. • Part C-Similar to the previous item, the District decided to change the cathodic protection system at Cold Creek Tank from an impressed current system to a galvanic system. The additional cost to provide, install, blast, and coat these new brackets on a time and materials basis is $4,594.28. The Cold Creek Tank is larger and requires more brackets, therefore, the installation cost is higher than at the Christmas Valley Tank. • Part D-The contract time is increased from 130 to 192 calendar days to account for the additional work items completed by the Contractor at the direction of the District. Since these additional work items are detailed and paid for under other previous change order items, there is no cost associated with this Part D. • Part E-This is a balancing item to adjust for final quantities in place; Reduce Bid Item No. 8, welding of steel repair plates, from the bid quantity of 8 to the in- place quantity of 0, for a credit amo13 t of �2,500. John Thiel February 7,2013 Page 2 Staff recommends approval of this Change Order No. 3 for$14,120.62.This will be the final contract change order for the project. ; � � 3: � a � SCHEDULE: Upon Board approval. COSTS: $14,120.62 ACCOUNT NO: 2029-8261 e , BUDGETED AMOUNT REMAINING: <$22,702> � ATTACHMENTS: Change Order No. 3 CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO -14- yo�tH tqH CHANGE ORDER NUMBER 3 � � �-� Project: 2012 Water Tank Recoatinq Proiect - �- �scIw°�.,9so��+'``t '� Contractor: Crosno Construction, Inc. "� �� a� Date: Februarv 7, 2013 PO # P25320 The Contract Shall Be Changed As Follows: A. Additional work to blast, prep, and coat cross braces and ties at Gardner Mountain Tank No. 2 for additional cost of$10,004.68. See Attachment 3A for a breakdown of all costs. Costs are on a time and materials basis. B. Provide, install, blast, and coat cathodic protection galvanic brackets for Christmas Valley Tank for an additional cost of$2,021.66. See Attachment 3B � for a breakdown of all costs. Costs are on a time and materials basis. C. Provide, install, blast, and coat cathodic protection galvanic brackets for Cold Creek Tank for an additional cost of$4,594.28. See Attachment 3C for a breakdown of all costs. Costs are on a time and materials basis. TOTAL COST FOR CHANGE ORDER NO. 3 IS ITEMS A + B + C + D + E _ $14,120.62 Dollar Amounts Contract T�me Original Contract $ 341,500.00 130 calendar days Previous Change Orders $ 62 535.99 � Current Contract $ 404,035.99 THIS CHANGE ORDER $ 14,120.62 +62 calendar days New Contract Total $ 418,156.61 192 calendar days Contractor agrees to make the herein-described changes in accordance with the terms hereof. The change in contract price and/or contract time noted is full settlement for costs incurred because of the change(s) described, unless specifically noted in individual description(s). Date: Authorized By STPUD Board President Date: Accepted By Contractor Date: Reviewed By -15- 1 _-__.. . }:: D. Change the Contract Time from one-hundred-thirty (130) calendar days to one- hundred-ninety-two (192) calendar days for an increase of sixty-two (62) � calendar days for a cost of$0.00. The additional contract time is provided due to � additional work completed by the Contractor as detailed and compensated in other change order items E. Adjust Bid Item No. 8, Welding of Steel Repair Plates, from 8 each to 0, for a credit amount of<$2,500.00>. TOTAL COST FOR CHANGE ORDER NO. 3 IS ITEMS A + B + C + D + E _ $14,120.62 ; _ ; S i ) p i -16- 2 � General Manager Richard H.5olbrig � . ,9a w $j� � �� Director-5 Chris Cefalu James R.Jones -�+- ;�: � � � � � RandyVogelgesang �u b l�c U t�i ity C�i 5tri ct Keliy 5heehan Eric 5chafer 1275 Meadow CreSt Drive•South take Tahoe•CA 96150-7401 Phor�53Q 544-6474•Fax 530 541-�G14•www.�tpud.u5 BOARD AGENDA ITEM 4d TO: Board of Directors FROM: Chris Skelly- Network/Telecom Systems Administrator MEETING DATE: February 7, 2013 i ITEM-PROJECT NAME: Wireless Network at Plant I REQUESTED BOARD ACTION: Authorize staff to request quotations for new Cisco or equivalent wireless network solution. DISCUSSION: The District's current wireless network has reached "end of life" status and the Information Systems Department can no longer purchase new equipment to extend wireless network coverage where needed. Currently, the District's portable phones reach most areas of the plant, but the new Headworks building is not covered. Information Systems staff cannot add any more coverage to the existing portable phone system because of hardware limitations. The quote would be for a wireless solution that would extend both data and voice coverage to the plant grounds, increasing use of District portable computers, as well as provide a safer porfable phone network. SCHEDULE: To be determined COSTS: $65,000 ACCOUNT NO: 1037-8186, 1037-8335, 1037-8337, 2037-8192, and 2037-8369 BUDGETED AMOUNT REMAINING: $80,000 cumulative ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water and Sewer GENERAL MANAGER: YES /�l-� NO CHIEF FINANCIAL OFFICER: YES NO -17- General Manager Richard H.5olbrig � • 1950 • W 8j�, � r ,� � �r�� Directors U ( j ChriS Cefalu �� James R.Jonez -�^ :�yi.� • � • � e RandyVogelgesang �ublic Ut�i�ty D�Str�ct KellySheehan Eric Schafer 1275 Meadow Crest Drive•Sauth take Tahae•CA 96150-74Q1 F'hone 530 544-6474•Fax 530 541-U6i4•Www.S�Ud.US BOARD AGENDA ITEM 4e TO: Board of Directors FROM: Julie Ryan, Senior Engineer MEETING DATE: February 7, 2013 � ITEM- PROJECT NAME: Wildwood Waterline Replacement Project and Bal Bijou Waterline Project REQUESTED BOARD ACTION: (1) Approve project Closeout Agreement and Release of Claims for Thomas Haen Company, Inc.; and (2) Authorize staff to file a Notice of Completion with the EI Dorado County Clerk. DISCUSSION: With the receipt of a guarantee for the pavement on the Wildwood porfion of the project, Thomas Haen Company has met all the requirements of the contract. Staff recommends approval of the project Closeout Agreement and Release of Claims and requests approval to file a Notice of Completion with the EI Dorado County Clerk. SCHEDULE: As soon as possible COSTS: N/A ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: (1) Closeout Agreement and Release of Claims; (2) Notice of Completion CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES '!�. NO CHIEF FINANCIAL OFFICER: YES NO -19- CLOSEOUT AGREEMENT AND RELEASE OF CLAIMS THIS AGREEMENT AND RELEASE OF CLAIMS is made in South Lake Tahoe, California, this day of January, 2013, by and between South Tahoe Public Utility DISTRICT, hereinafter referred to as "DISTRICT", and Thomas Haen Company, Inc., hereinafter referred to as "CONTRACTOR". KNOW ALL PERSONS BY THESE PRESENTS: 1. That the undersigned, as the authorized representative of CONTRACTOR, for and in consideration of One Million Eight Hundred Ninety-Two Thousand Four Hundred Sixty- Two Dollars and Fifty-Eight Cents ($1,892,462.58), contract amount, and the sum of One Hundred Twenty-One Thousand Twenty-Seven Dollars and Forty-Six Cents ($121,027.46) for said Contract Change Orders Nos. 1 through 6, receipt of which is hereby acknowledged, has submitted waivers from all subcontractors and suppliers in the form required by Civil Code §3262, and does hereby and for each of its successors, assigns and partners, release acquit and forever discharge the SOUTH TAHOE PUBLIC UTILITY DISTRICT OF EL DORADO COUNTY, CALIFORNIA, and each of its successors, assigns, off'�cers, agents, servants, and employees, from any and all rights, claims, demands, debts, obligations, liabilities, actions, damages, costs, expertses and other claims whatsoever, which might have be�n asserted against DISTRICT by reason of any matter or thing which was the subject matter of or basis for: A. The performance of all terms and conditions of that certain agreement dated May 1, 2012 for Purchase Order No. P25242, DISTRICT project described as 2012 Wildwood Watertine Replacement Project and Bal Bijou Waterline Replacement Project B. Change Orders Nos. 1 through 6 as approved by the parties, pertaining to Purchase Order No. P25242 and shown in Payment Request No. 9, dated February 7, 2013. 2. That the undersigned, as the authorized representative of DISTRICT, for and in consideration of the CONTRACTOR's completion of Purchase Order No. P25242 does hereby and for each of its successors, and assigns, releases, acquits and forever discharge Thomas Haen Company, Inc. and each of its successors, assigns, officers, agents, servants, and employees, and sureties from any and all rights, claims, demands, debts, obligations, liability, actions, costs, expenses whatsoever which might have been asserted against CONTRACTOR, except for the rights accruing to the bISTRICT in California Code of Civil Procedure Section 337.15, Entitled "Ten Years - Action to Recover Damage from Latent Deficiencies in Planning or Construction of Improvements to Real Property," which rights are specifically not released, and except for warranties and sureties provided by reason of any matter or thing which was the subject matter of or basis for: A. The performance of all terms and conditions of that certain agreement dated May 1, 2013 for Purchase Order No. P25242, DISTRICT project described as 2012 Wildwood Waterline Replacement Project and Bal Bijou Waterline Replacement Project --- 1 B. Change Orders Nos. 1 through 6 as approved by the parties, pertaining to Purchase Order No. P25242 and shown in Payment Request No. 9 dated February 7, 2013. 3. Nothing contained herein shall waive or alter the rights, privileges, and powers of the DISTRICT or the duties, liabilities and obligations of the CONTRACTOR and its surety in respect to any portions of the Specifications for Purchase Order No. P25242. 4. The DISTRICT has received no claims from the CONTRACTOR. 5. Upon execution of this agreement, the DISTRICT agrees to immediately file and record ; a NOTICE OF COMPLETION with the County Recorder in order to begin the running of the statutory lien period. 6. The presently retained amount is $ 100,858.73 Original Contract amount $1,892,462.58 Total Change Order Amount $ 121,027.46 Less: Amount Previously Paid $1,912,631.31 (Request Nos. 1 through 9) Retainage $ 100,858.73 BALANCE: $ -0 - The retainage will be released to the CONTRACTOR at the expiration of the lien period 35 (thirty-five) calendar days after date of recording a NOTICE OF COMPLETION by EI Dorado County Recorder or when all liens have been released, whichever last occurs. Release pursuant to this agreement shall not apply to CONTRACTOR's rights to the presently retained amount until such time as such amounts are received in full by CONTRACTOR. 7. CONTRACTOR and DISTRICT agree that the total adjusted contract price and time of performance for Purchase Order No. after the execution of change orders shall be as follows: Original Contrac# Price $1,892,462.58 Original Calendar Days 182 Total Adjusted Price $2,013,490.04 Total Adjusted Calendar Days 0 8. It is understood and agreed by the undersigneds that the facts with respect to which the foregoing Release is given may hereafter turn out to be other than or different from the facts in that connection now known to be or believed by said undersigneds to be true, and the undersigneds hereto expressly assume the risk of the facts turning out to be different than they now so appear, and agree that the foregoing Release shall be, in all respects, effective and not subject to termination or recession by any such difference in facts and undersigneds hereby expressly waive any and all rights the undersigneds have or may have under California Civil Code Section 1542, which provides as follows: - 2 --- "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the Release which if known by him must have materially affected his settlement with the debtor." 9. The releases made by the CONTRACTOR and the DISTRICT herein are not to be construed as an admission or admissions of liability on the part of either party and that the parties deny liability hereof. The undersigneds agree that they will forever refrain and forebear from commencing, instituting or prosecuting any lawsuit, action or other proceeding against the other party based on, arising out of, or in any way connected with the subject matter of this Release. 10. The CONTRACTOR hereby releases the DISTRICT from all claims, including those of its Subcontractors for all delay and impact costs, if any. i 11. The CONTRACTOR represents and warrants to the DISTRICT that the CONTRACTOR has not heretofore assigned or transferred or purported to assign or transfer to any person, firm, corporation, association or entity any of the rights, claims, warranties, demands, debts, obligations, liabilities, actions, damages, costs, expenses and other claims whatsoever and the CONTRACTOR agrees to indemnify and hold harmless the DISTRICT against, without limitation, any and all rights, claims, warranties, demands, debts, obligations, liabilities, actions, damages, costs, expenses and other claims, including attorney's fees, arising out of or connected with any such assignment or transfer or purported assignment or transfer. 12. The undersigned acknowledge that they have been represented by counsel of their own choice in connection with the preparation and execution of this Closeout Agreement and Release of Claims. The undersigned acknowledge and represent that they understand and voluntarily consent and agree to each and every provision contained herein. 13. The undersigned further declare and represent that no promise, inducement or agreement, not herein expressed, have been made to the undersigned and that this Release contains the entire agreement among the parties hereto and that the terms of the Release are contractual and not a mere recital. � 14. The persons executing this Closeout Agreement and Release of Claims represent and warrant to the other party that the execution and performance of the terms of this Release have been duly authorized by all requisite corporate, partnership, individual, or other entity requirements and that said persons have the right, power, legal capacity and authority to execute and enter in the Closeout Agreement and Release of Claims. RICHARD SOLBRIG, GENERAL MANAGER DATED ATTEST: KATHY SHARP, CLERK OF BOARD DATED THOMAS HAEN COMPANY, INC. By THOMAS HAEN, PRESIDENT DATED 3 RECORDING REQUESTED BY: South Tahoe Public Utility District Attn: Heidi Baugh WHEN RECORDED MAIL TO: South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe CA 96150 SPACE ABOVE THIS IINE FOR RECORDER'S USE APN: N/A NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described. 2. The FULL NAME of the OWNER is South Tahoe Public Utility District 3. The FULL ADDRESS of the OWNER is 1275 Meadow Crest Drive, South Lake Tahoe,CA 96150. 4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In fee. (If other than fee, strike"in fee"and insert here,for example,"purchaser under contract of purchase,"or"lessee." 5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with tlie undersigned as JOINT TENANTS or as TENANTS IN COMMON are: Name&Address Name&Address 6. The FULI NAMES of FULL ADDRESSES OF THE PREDECESSORS in INTEREST of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to: Name&Address Name&Address 7. A work of improvement on the property hereinafter described was COMPLETED on 10/25/2012. 8. The work of improvement completed is described as follows: 2012 Wildwood Waterline Replacement and Bal Bijou Waterline Replacement Project. 9. The NAME OF THE ORIGINAL CONTRACTOR, if any,for such work of improvement is Thomas Haen Company, Inc. 10. The street address of said property is See attached Exhibit A. 11. The property on which said work of improvement was completed is in the City of South Lake Tahoe County of EI Dorado, State of California,and is described as follows: As shown in Exhibit"A"attached hereto and made a part hereof, and commonly known as �a�: February 7, 2013 SIGNATURE OF OWNER OR AGENT OF OWNER ERI C SCHAFER VERIFICATIONFORINDIVIDUALOWNER: SO.TAHOE PUD BOARD PRESIDE�lT I,the undersigned, declare under penalty of perjury under the laws of the State of California tl�at I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have read said notice, that I know and understand the contents thereof, and the facts stated therein are true and correct. DATE AND PLACE SIGNATURE OF OWNER NAMED IN PARAGRAPH 2 VERIFICATION FOR NON-INDIVIDUAL OWNER: SOUtII TdI102 PUb�1 C Uti 1 i ty Di stri ct I,the undersigned,declare under penalty of perjury under the laws of the State of California that I am the Boar Pres� ent of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof,and that the facts stated therein are true and correct. DATE AND LAC SIGNATURE OF PERSON SIGNING ON BEHALF OF OWNER ERIC SCHAFER, BOARD PRESIDENT SOUTH TAHOE PUBLIC UTILITY DISTRICT Notice of Completion i I i EXHIBIT "A" Notice of Completion 2012 Wildwood Waterline Replacement and Bal Bijou Waterline Replacement Project The site of the work was located at the area bounded by Pioneer Trail, Sonora Avenue, and Lake Tahoe Blvd. (State Highway 50) in South Lake Tahoe, CA. Work was also completed on Bal Bijou Road from the intersection with Highway 50 north and east approximately 900 feet to its terminus. The work performed consisted of replacing existing water mains and water services with new water mains, water services, fire hydrants, water main connections, site restoration including landscaping and paving replacement, and appurtenances. /// /// /// Notice of Completion 2012 Wildwood Waterline Replacement and Bal Bijou Waterline Replacement Project EXHIBIT "A" � �0�et . �sso . warej. out a oe �� ` f ubiic Utilit DiStrict y 1275 Meadow Crest Drive•South Lake Tahoe•CA 96150-7401 ('hone 530 544-6474•Fax 530 541-0614•www.5tpud.us CERTIFICATION I hereby certify that the foregoing is a full, true, and correct copy of the Notice of Completion that was approved by the Board of Directors of the South Tahoe Pubtic Utility District, County of EI Dorado, State of California, and executed by Board President, Eric Schafer. Date Approved: Certified by: Kathy Sharp, Clerk of the Board General Manager Richard H.Solbrig � �� Directors � � V Va �4/ Chris Gefalu James R.Jonee '� �`` i�ublic Ut�lity �i5tri�t �ndyVogelgesang Kelly Sheehan Eric 5chafer 1275 Meadow CreSt Drive•Sauth talce Tahoe•CA 96150-7401 Phone 530 544--64-74�Fax 530 541-OGi4•www.�tpud.u5 BOARD AGENDA ITEM 6a TO: Board of Directors FROM: Paul Hughes, Chief financial Officer MEETING DATE: February 7, 2013 ITEM- PROJECT NAME: The Aspens at South Lake REQUESTED BOARD ACTION: Authorize Board President to execute the fee Deferral Agreement with SLT Pacific Associates, a California Limited Partn�rship. DISCUSSION: At the July 5, 2012, Board meeting, action was taken authorizing the Board President to sign a commitment letter approving the deferral of water impact fees for "The Aspens at South Lake" low income housing project. As part of the agenda item, staff reported that a formal fee deferral agreement would be drafted by the developer for Board execution. The Aspens at South Lake is a proposed 48 unit low-income housing project under the developer/owner Pacific West Communities. The estimated project cost is $15 million and is proposed to be funded with a variety of funding sources including a traditional loan, state tax credits, state home loans, and District deferred water capacity charges. The City of South Lake Tahoe has secured a State Home Loan in the project's name. Subsequent to the Board action on July S, 2012, the developer completed the purchase of the property at Pioneer and Ski Run, and received confirmation of the State tax credit award. Developer representative Shellan Rodriguez will be present to provide additional information and address Board questions and comments. The estimated District Capacity Charges associated with this project are $580,000 for sewer and $550,000 for water. The completed multi-family housing development is estimated to generate approximately $25,000 annually in water and sewer service charges. The Developer is proposing and requesting the following from the District: 1. Pay the District upfront the estimated $580,000 sewer capacity charges. 2. Defer the payment of the estimated $550,000 water capacity charges. -21- The deferrai of the water capacity charges wouid be under the following terms: 1. Repayment Term - 55 years @ 3%. 2. Loan payments made from residual receipts (gross revenues less operating expenses). 3. Annual payment of$10,000 first in line to receive residual receipts. 4. Annual pro-rata share of any other residual receipts available. The obvious benefits to the District if this project moves forward are the receipt of sewer capacity charges and the ongoing water and sewer senrice charges, while the addition of new low-income housing is a benefit to the community. Attached is the Fee Deferral Agreement and Promissory Note which incorporate the agreed upon terms as discussed during previous Board meetings, including being first in line to receive a $10,000 annual primary payment from residual receipts. All other creditors, including the District, will share any remaining residual receipts. Both documents have been reviewed by District Counsel accordingly and include appropriate indemnification language to protect the District in the event that the deferral was legally challenged. SCHEDULE: Agreement to be signed following Board authorization COSTS: Deferred fees of approximately $550,000 paid over 55 years at 3%interest ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: Fee Deferral Agreement/Promissory Note CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water and Sewer GENERAL MANAGER: YES �l`- NO CHIEf FINANCIAL OFFICER: YES NO -22- FEE DEFERRAL AGREEMENT THIS FEE DEFERRAL AGREEMENT is entered into as of , 2013 by and between the South Tahoe Public Utility District ("STPUD") and SLT Pacific Associates, a California Limited Partnership("Developer") with reference to the following facts: RECITALS A. Developer intends to construct a 48-unit affordable housing project to be located at 3521- 3541 Pioneer Avenue, South Lake Tahoe, California and known as The Aspens at South Lake ("Project"). B. STPUD's water impact fees for the Project are $550,000 (the "Connection Fees"), which STPUD has agreed to defer pursuant to the terms of this Agreement. NOW THEREFORE, in consideration of the promises and covenants set forth hereinbelow and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: AGREEMENT 1. Fee Deferral. The Connection Fees for the Project shall be $550,000. So long as the i Project receives financing commitments from other sources, including a HOME loan from the iCity of South Lake Tahoe, which are sufficient to permit Developer to construct the Project, all ; Connection Fees will be deferred. Pursuant to such deferral, all Connection Fees will accrue ; interest at a rate of three percent (3%) per annum and be paid by Developer from a portion of the future residual receipts of the Project. 2. Pa�rnent. The payment terms for the Connection Fees shall be as set forth in that certain Promissory Note dated as of even date herewith made by Developer in favor of STPUD ("Note"). To the extent of any conflict between the terms of this Agreement and the Note, the Note shall prevail. 3. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument. Delivery of an executed counterpart of a signature page by facsimile or PDF transmission shall be as effective as delivery of a manually executed counterpart. 4. Governing Law. This Agreement will be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the State of California, without regard to conflicts of laws principles that would require the application of the law of another jurisdiction, such that to the extent that the provisions of this Agreement are contrary to California law or decision of a court of proper jurisdiction in California, such law or court decision shall govern. 5. Indemnification. Developer shall indemnify and hold ha�nless STPUD from and against any and all third party claims, actions, lawsuits, or other causes of action which challenges the CHI01 50660851v2 339767-00006130;2013926AM -23 ( validity of this Agreement (collectively, the "Claims"). The foregoing indemnity shall include without limitation all reasonable attorney fees and other costs and expenses incurred by STPUD to defend such Claims. 6. Notices. All notices given pursuant to this Agreement shall be sent by personal delivery, express or courier service, electronic means of transmitting written material (so long as an original is simultaneously transmitted by the United States Postal Service or express or courier service) or United States Postal Service. Notices shall be deemed to be delivered the earlier of (a) the first (lst) business day after deposited for delivery with FedEx, UPS, or other reputable delivery company if sent for same day or next day delivery; or (b) three (3) business days after the date deposited with the United States Postal Service if sent certified mail, return receipt requested addressed to each party at the following address (or at such other address as such party may request in writing: 3 If to STPUD: South Tahoe Public Utility District 275 Meadow Crest Drive South Lake Tahoe, CA 961 SO-7401 If to Developer: c/o TPC Holdings III, LLC 430 E. State Street, Suite 100 Eagle, ID 83616 Attn: Caleb Roope And to: Central Valley Coalition for Affordable Housing 3351 M Street, Suite 100 Merced, CA 95348 Attn: Christina Alley ' 7. Successors and Assig�ns. The provisions of this Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Notwithstanding the foregoing, Developer may not assign its rights and benefits hereunder without the prior written consent of the STPUD. 4 8. Amendment. This Agreement may only be amended, modified, superseded or canceled and any of the terms, covenants, representations, warranties or conditions hereof may be waived only by an instrument in writing signed by each of the parties hereto. � [Signature page follows] ; ; 4! , ; ;' CHIO] 50660851v2 339767-000061/30'2013926AM -24 ` IN WITNESS WHEREOF, the undersigned have executed, or have caused to be executed, this Agreement as of the date first written above STPUD: South Tahoe Public Utility District By: Name: Its: DEVELOPER: SLT Pacific Associates, a California Limited Partnership By: Central Valley Coalition for Affordable Housing, its managing general partner By: Name: Christina Allev Its: Chief Executive Officer By: TPC Holdings III, LLC, its administrative general partner By: Name: Caleb Roope Its: Mana�er � CH[01 50660851v2 339767-00006 1/30/2013 926 AM -25 PROMISSORY NOTE $550,000 , 2013 South Lake Tahoe, Califomia Pursuant to that certain Fee Deferral Agreement (the "Fee Deferral Agreement") dated as of even date herewith made by SLT Pacific Associates, A California Limited Partnership ("Maker") in favor of the South Tahoe Public Utility District ("Holder"), Maker hereby promises to pay Holder the sum of Five Hundred Fifty Thousand Dollars ($550,000) on the terms set forth herein below. Section 1. Pur ose. Pursuant to the Fee Deferral Agreement, Holder agreed to defer payment of$550,000 in water connection fees for that certain 48-unit affordable apartment complex (the "Project") being developed by Maker on certain real property in the City of South Lake Tahoe, Califomia (the "Property"). Section 2. Interest. The outstanding principal balance of this Note shall bear j simple interest at the rate of three percent (3%) per annum from the date of this Note until this Note is paid in full. Section 3. Term and Re a ment Re uirements. The term of this Note the pv a ( "Term") shall commence with the date of this Note and shall expire upon the fifty-fifth anniversary date of the date of this Note (the "Maturity Date"). The repayment of this Note shall be nonrecourse to Maker and its partners. Section 4. Repayment. This Note shall be repaid as follows: a. Annual Payments. Until the original principal amount of this Note and interest accrued thereon is repaid in full, Maker shall make annual payments from Residual Receipts to Holder of$10,000 ("Primary Payment") plus a sum equal Holder's Share of Residual Receipts ("Additional Payment"). Such annual payments shall be due and payable in arrears no later than May 1 st of each year with respect to the previous calendar year, and shall be accompanied by the Maker's report of Residual Receipts. Payments made hereunder shall be credited first against accrued interest and then against outstanding principal. Notwithstanding anything herein to the contrary, Maker's obligation to make payments hereunder shall be only to the extent of Residual Receipts from the calendar year preceding such payment such that to the extent any payment required hereunder exceeds the amount of such Residual Receipts, any amounts that cannot be paid from Residual Receipts shall accrue and paid from future year(s) Residual Receipts until paid. Maker shall provide the Holder with any documentation reasonably requested by the Holder to substantiate the determination of Residual Receipts. b. Definitions. The following definitions shall apply for purposes of this Section 4: -z�- CHI01_50660088v3_339767-00006 1/30'2013 929 AM 1 � (i) "Residual Receipts" means, for a particular calendar year, the amount by which Gross Revenue (as defined below), less the required payments on the construction loan or the permanent loan, exceeds Annual Operating Expenses (as defined below); provided however, when determining the Additional Payment under � Section 4, the amount of the Primary Payment shall also be subtracted from Gross Revenue in order to determine Residual Receipts. (ii) "Annual Operating Expenses" with respect to a particular calendar year shall mean the following costs actually incurred for operation and maintenance of the Project including without limitation: property and other taxes and assessments imposed on the Project; premiums for property damage and liability insurance; utility services not paid for directly by tenants, including but not limited to water, sewer, trash collection, gas and electricity; maintenance and repair including but not limited to pest control, landscaping and grounds maintenance, painting and decorating, cleaning, common systems repairs, general repairs, janitorial, supplies, and others; any annual license or certificate of occupancy fees required for operation of the Project; general administrative expenses including but not limited to advertising and marketing, security services and systems, and professional fees for legal, audit and accounting; asset management fees; partnership management fees; deferred development fees; property management fees and reimbursements including on-site manager expenses pursuant to a management contract; and cash deposited into a reserve for capital replacements of Project improvements and an operating reserve in such amounts as are required by the Maker's partnership agreement. "Annual ; Operating Expenses" shall not include the following: depreciation, amortization, depletion or other non-cash expenses or any amount expended from a reserve account. Notwithstanding the foregoing, when determining Residual Receipts for purposes of the Primary Payment, the deferred developer fee and asset management fees shall not be accounted for in calculating Annual Operating Expenses. (iii) "Gross Revenue" with respect to a particular calendar year shall mean all revenue, income, receipts and other consideration actually received from operation and leasing of the Project. "Gross Revenue" shall include, but not be limited to: all rents, fees and charges paid by tenants; Section 8 payments, MHSA operating � subsidies or other rental or operating subsidy payments received for the dwelling units; deposits forfeited by tenants; all cancellation fees, price index adjustments and any other rental adjustments to leases or rental agreements; proceeds from vending and laundry room machines; the proceeds of business interruption or similar insurance; the proceeds of casualty insurance to the e�ent not utilized to repair or rebuild the Project; ° and condemnation awards for a taking of part or all of the Project for a temporary ' period. "Gross Revenue" shall not include tenants' security deposits, releases from reserves, loan proceeds, capital contributions, or similar advances. ; (iv) "Holder's Share of Residual Receipts" shall be determined � , by multiplying the Residual Receipts by a fraction, the numerator of which is the original principal sum of the Note and the denominator is the sum of all loans incurred by Maker ` t P t �� CHI01_50660088v3_339767-00006 U30i2013 929 AM 2 �` . ; in connection with the Project which are payable from the ProjecYs Residual Receipts (including the loan under this Note). Section 5. Acceleration. All obligations evidenced by this Note, irrespective of the maturity dates expressed herein, at the option of Holder thereof and without demand or notice, shall immediately become due and payable, if at any time during the Term of this Note, Maker fails to make any payment as required hereunder and such failure continues for ten (10) days following written notice thereof to Maker from Holder. Section 6. Attornev's Fees. Maker agrees to pay all costs of collection when incurred, including without limitation, reasonable attorney's fees and expenses (whether or not suit is filed hereon) and court costs. Such costs shall be added to the balance of I principal then due. Section 7. Holder's Riqhts. Failure of Holder to assert any right under this Note shall not be deemed a waiver of such right. Section 8. Prepayment. This Note may be prepaid at any time without premium or penalty, provided all interest due on the principal being prepaid will be due at time of prepayment. Section 9. California Law. This Note and the legality, validity and perFormance of the terms hereof shall be governed by, enforced, determined, and construed in accordance with the laws of the State of California. Section 10. Waivers. Maker waives presentment, demand for payment, notice of dishonor, notice of protest, protest, and all other notices or demands in connection with the delivery, acceptance, performance, default, endorsement, or guaranty of this Note, and to the extent authorized by law, any and all homestead or other exemption rights which would apply to the debt evidenced by this Note. Section 11. Bindinq Obliqation. This Note shall be binding upon Maker and Maker's heirs, legal representatives, successors, and assigns. Section 12. Amendment or Modification. The terms of this Note may only be amended or modified by a written agreement executed by Maker and Holder. Section 13. Notices. All notices given under this Note shall be made in writing and shall be deemed received when delivered in accordance with the Fee Deferral Agreement. [REMAINDER OF PAGE INTENTIONALLY BLANK] -29- CHI01_50660088v3_339767-00006 1/30/2013 929 AM 3 IN WITNESS WHEREOF, Maker has executed this Note as of the date first written hereinabove. SLT Pacific Associates, a California Limited Partnership By: Central Valley Coalition for Affordable Housing, its managing general partner By: Name: Christina Allev Its: Chief Executive Officer By: TPC Holdings III, LLC, its administrative general partner By: Name: Caleb Roope Its: Manaqer ; � � Y t . � -30- � CHI01_50660088v3_339767-00006 1i30/2013 9:29 AM 4 6eneral Manager Richard H.5olbrig � �a ��^r Directors t+� � Chris C�falu 4 �4r/ � M V i �� + � � Jamey R.Jones � �F � �� , i�� f�� Mary Lou MoSbacher U Dale Rise Eric 5chafer 12?5 Meadorv Crest Drive •5auth l.ake Tahae•CA 9��50 t'hont 530�44-6474• Fayc 530 541-061�4 BOARD AGENDA ITEM 6b TO: Board of Directors FROM: Tim Bledsoe, Manager of Customer Service MEETING DATE: February 7, 2013 ITEM-PROJECT NAME: Allocation of Responsibility for Maintenance of Water Meters REQUESTED BOARD ACTION: Direct Staff DISCUSSION: Currently, the District allows new water service connections pursuant to the applicable provisions of the Ordinances, rules, and regulations of the District and specifications for water service. While the Administrative Code provides that all water metering devices are the properfy of the District, the Administrative Code furfher provides that such metering devices may be installed by a property owner or his or her contractor, in accordance with the applicable provisions of the Ordinances, rules, and regulations of the District and specifications for connection to the District's water system. Consistent with the ownership of inetering devices, the Administrative Code allocates the responsibility for the maintenance, repair and replacement of water meters, risers, boxes and appur#enance to the District. When a customer requires, for its connection, a meter smaller than two inches, the meter and meter pit is supplied to the customer by the District. When a customer requires, for its connection, a meter of two inches or greater in size, the customer supplies the meter, through its purchase from a District-approved supplier. The District does not test or inspect meters that it does not supply prior to their installation. In the case of a meter of two inches or greater in size, District staff has found that the costs of repairing or replacing such meter is disproportionately greater than the costs of repairing or replacing a meter smaller than two inches in size. Ordinarily, if such costs arise within the first year that such a meter is in service, the need for repair or replacement is a result of improper installation or freeze protection of the meter. -31- � Tim Bledsoe March 18,2010 Page 2 In response to this situation, the Board amended section 3.2.5 of the Administrative Code allocating to any property owner receiving water service through a meter of two inches or greater in size, the responsibility for the maintenance, repair and replacement of such a ` meter within the first calendar year after the property is connected to the District's water e service. This amendment is intended to equitably allocate the costs of repair and replacement of water meters between the property owners served by those meters and the District's customers in general. Due to Staff having to repair improperly installed meters less than two inches over the past few years, Staff is recommending a code amendment. There are no provisions in place for the customer to be responsible for the costs of repairs on small meters. Also, Staff gives the meter and pit to the properfy owner or his or her contractor once their plans are stamped. This sometimes allows the District's property (meter and meter pit) to remain with the customer for a significant amount of time. The District is seeking direction on whether to restrict installation of the meter and meter pit to District Staff or continue to allow the property owner or his or her contractor to install the meter and meter pit. If the Board seeks to continue allowing customers to install their meter and meter pit, Staff recommends the same provisions should apply as related to meters two inches or greater in size. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES � NO CHIEF FINANCIAL OFFICER: YES NO -32- General Manager Richard H.5olbrig � • 1� • k/ '"� Directors � D � V � �� ChriS Cefalu Jamey R.JoneS -.�,� �T � � � � � Randy Vogelge5ang �ubi�c Ut��ty D�Str�c-� KellySheehan Eric 5chafer 1275 Meadpw CreSt Drive•5outh Lake Tahoe•CA 96150-74Q1 t'twne 530 544-64-74-Fax 530 541-Q614•www.�tpud.us BOARD AGENDA ITEM 6c TO: Board of Directors FROM: Tim Bledsoe, Manager of Customer Service MEETING DATE: February 7, 2013 ITEM- PROJECT NAME: Water Service Charges for Vacant Properfies REQUESTED BOARD ACTION: Enact Ordinance amending Section 3.1.55 of the Administrative Code regarding the suspension of water service charges for vacant properties and superseding Ordinance No. 524-10 in its entirety. DISCUSSION: Currently the Administrative Code Section 3.1.55 (a) states, "Upon a parcel owner's request, the District will suspend charges for the parcel during any period in which the parcel qualifies for such treatment under this section 3.1.55. A legal i parcel will be considered a "vacant property" for the purposes of this section 3.1.55 if it meets the following criteria: "The parcel does not contain any type of structure, ; including any outbuildings; the parcel is not subject to any active building permits � issued by any city, county, or other political subdivision of the State; and the parcel is � not receiving irrigation water service through any irrigation hydrant. A parcel's water � service need not be physically disconnected from the District's water main in order to iq�alify as a vacant property." � IStaff recommends removing the clause, "The parcel is not subject to any active ! building permits issued by any city, county, or other political subdivision of the State." If i i an owner of a vacant lot submits plans for a new structure, water service charges will ' resume upon the District's approval of the plans. The owner will not be required to pay a connection fee if the lot remained connected to the District's main during the period that it was considered a vacant lot. District Staff ann�ally inspects vacant lot properties to confirm that the parcel still meets the criteria of the vacant lot ordinance. -33- Tim Bledsoe February 7,2013 Page 2 SCHEDULE: As soon as possible COSTS: ACCOUNT NO: BUDGfTED AMOUNT REMAINING: : ATTACHMENTS: Ordinance CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES � NO CHIEF FINANCIAL OFFICER: YES NO -34- ORDINANCE NO. AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AMENDING ADMINISTRATIVE CODE SECTION 3.1.55 REGARDING THE SUSPENSION OF WATER SERVICE CHARGES FOR VACANT PROPERTIES BE IT ENACTED by the Board of Directors of the South Tahoe Public Utility District, County of EI Dorado, State of California, as follows: SECTION I — POLICY AND PURPOSE The purpose of this Ordinance is to adopt certain amendments to the Administrative Code regarding the suspension of regular water service charges for properties that are vacant. SECTION II— DEFINITIONS For the purpose of this Ordinance, the terms used herein a�e defined as follows: A. The District—The South Tahoe Public Utility District. B. The Board —The Board of Directors of the South Tahoe Public Utility District. C. Administrative Code—The compilation and codification of all of the Administrative, Water, Sewer, Street Lighting and Groundwater Management Plan Ordinance of the District, and provide the public with guidelines applicable to District operations. SECTION III — FINDINGS The Board of Directors of the South Tahoe Public Utility District, County of EI Dorado, State of California, make the following findings: 1. The District's Administrative Code, as it presently exists, provides for the suspension of water service charges, at the property owner's election, to a "vacant property." A property qualifies as a "vacant propert�' if ineets the following criteria: the parcel does not contain any type of structure, including any outbuildings; the parcel is not subject to any active building permits issued by any city, county or other political subdivision of the State; and the parcel is not receiving irrigation water service through any irrigation hydrant. A parcel's water service need not be physically disconnected from the District's water main in order to qualify as a vacant property. 2. So long as provisions are made to ensure that no water service can physically be received upon a vacant property, the fact that a property is subject to a building permit does not affect the fact that the District will incur no costs related to the provision of water service to such a property. 3. The proposed amendment to the Administrative Code would modify the definition of a "vacant propert�' to eliminate the criterion that a property not be subject to any active building permit. 4. The proposed amendment to the Administrative Code will relieve the owners of vacant properties that are not receiving water service from the payment of water service charges, regardless of whether the property is subject to a building permit. -35- 5. The Board has determined that it is in the best interest of the DistricYs customers to adopt an ordinance amending certain provisions to the Administrative Code providing for suspension of water service charges to vacant properties. SECTION IV—AMEND SECTION 3.1.55 OF THE ADMINISTRATIVE CODE Administrative Code Section 3.1.55(a) is to be amended as follows: � 3.1.55 Suspension of Water Service Charqes for Vacant Properties. a) Upon a parcel owner's request, the District will suspend water service charges for the pa�cel during any period in which the parcel qualifies for ; such treatment under this Section 3.1.55. A legal parcel will be considered a "vacant property" for the purposes of this section 3.1.55 if it ; meets the following criteria: the parcel does not contain any type of structure, including any outbuildings, and the parcel is not receiving irrigation water service through any irrigation hydrant. A parcel's water ` service need not be physically disconnected from the DistricYs water main in order to qualify as a vacant property. SECTION V—SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance and its implementing rules and regulations is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or the Administrative Code. The Board of Directors declares and determines that it would have passed any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance and its implementing rules and regulations and the Administrative Code irrespective of the fact that any one or more ; sections, subsections, subdivisions, paragraphs, sentences, clause or phrases may be determined to be unconstitutional or invalid. G SECTION VI — EFFECTIVE DATE � This Ordinance amending the above referenced section to the Administrative Code shall take effect thirty days after its passage. PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public Utility District at its duly held regular meeting on the 7th day of February, 2013, by the following vote: AYES: � NOES: ABSENT: Eric Schafer, President South Tahoe Public Utility District : ATTEST: Kathy Sharp, Clerk of the Board -36- General Manager Richard H.5olbrig � s 1950 i ,,,�� w �� Directors �J /�7 Chris Cefalu Va JameS R.JoneS � � �u b I i c U ti I ity Q i 5tri ct Randy Vogelgeyang Kelly 5heehan Eric Schafer 1275 Meadow Crest Drive•South take Tahoe•CA 96150-7401 1'hone 530 54�4-�474=Fax 530 541-(�14•www.�tpud.u5 BOARD AGENDA ITEM 6d TO: Board of Directors FROM: Tim Bledsoe, Manager of Customer Service MEETING DATE: February 7, 2013 ITEM- PROJECT NAME: Sewer Connection Permit and Inspection Fees REQUESTED BOARD ACTION: Enact Ordinance amending Sections 4.5.2, 4.5.9 and 4.5.10 of the Administrative Code regarding fees for issuing a permit to connect and inspect a sewer lateral and issuing a permit to install and inspect a wye saddle. DISCUSSION: Currently, Administrative Code Section 4.5.9 -Schedule 3 states, "A fee of fifty dollars ($50) will be collected for issuing a permit to connect and inspect a sewer lateral." Administrative Code Section 4.5.10-Schedule 4 states, "A fee of fifty dollars ($50) will be collected for issuing a permit to install and inspect a wye saddle." These two inspections are interrelated based on the necessity of a connection to the District's sewer main. At present, the separate fee for inspection of a lateral does not necessarily cover the District's time and cost associated with it, while inspections of wye saddles are infrequent, but often associated with lateral inspections. Additionally, it is inconvenient and inefficient for both the customer and the District to require a separate later fee for a wye saddle inspection. For this reason, staff recommends consolidating the two fees into a single fee, which covers permits for both lateral connection and wye saddle installation and the associated inspections, intended to recover the total costs associated with all such inspections, and which will streamline the permitting and inspection process for both the customer and the District. Based on District staff's analysis of the time associated with inspections for each, it recommends that the fee be set at $150 as an accurate reflection of the District's time and costs. -37- Tim Bledsoe February 7,2013 Page 2 SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: Ordinance CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer GENERAL MANAGER: YES � NO CHIEF FINANCIAL OFFICER: YES NO ; -38- ORDINANCE NO. AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AMENDING ADMINISTRATIVE CODE SECTIONS 4.5.2, 4.5.9 AND 4.5.10 REGARDING SEWER INSPECTION FEES BE IT ENACTED by the Board of Directo�s of the South Tahoe Public Utility District, County of EI Dorado, State of California, as follows: SECTION I — POLICY AND PURPOSE � The purpose of this Ordinance is to adopt certain amendments to the � Administrative Code regarding sewer inspection fees. SECTION II— DEFINITIONS i � For the purpose of this Ordinance, the terms used herein are defined as follows: A. The District—The South Tahoe Public Utility District. B. The Board —The Board of Directors of the South Tahoe Public Utility District. C. Administrative Code —The compilation and codification of all of the Administrative, Water, Sewer, Street Lighting and Groundwater Management Plan Ordinance of the District, and provide the public with guidelines applicable to District operations. SECTION III — FINDINGS The Board of Directors of the South Tahoe Public Utility District, County of EI Dorado, State of California, make the following findings: 1. The District's Administrative Code provides a schedule of fees and charges for sewer connection, including fees for the issuance of sewer permits to connect and inspect sewer laterals and permits to install and inspect wye saddles. 2. The proposed amendment is intended to incorporate into that schedule permit fees that reflect the cost of labor and other additional expenses directly incurred by the District as a result of such inspections. The proposed charges are approximately equal to the cost of providing such services. 3. The Board has determined that it is in the best interest of the District's customers to adopt an ordinance amending certain provisions to the Administrative Code regarding sewer inspection fees. SECTION IV—AMEND SECTIONS 4.5.2, 4.5.9 AND 4.5.10 OF THE ADMINISTRATIVE CODE Administrative Code Sections 4.5.2(c)and (d), 4.5.9 and 4.5.10 is to be amended as follows: -39- 4.5.2 Fees for Sewer Connection. c) A fee shall be paid to the District for issuing a sewer permit to connect and inspect a sewer lateral and issuing a permit to install and inspect a wye saddle. (Refer to Section 4.5.9- Sewer Rate Schedule No. 3.) d) Reserved 4.5.9- Schedule 3. A fee of One Hundred Fifty Dollars ($150.00)will be collected for issuing a permit to connect and inspect a sewer lateral and issuing a permit to install and inspect a wye saddle. 4.5.10- Schedule 4. Reserved SECTION V—SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance and its implementing rules and regulations is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or the Administrative Code. The Board of Directors declares and determines that it would have passed any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance and its implementing rules and regulations and the Administrative Code irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clause or phrases may be determined to be unconstitutional or invalid. � SECTION VI — EFFECTIVE DATE r This Ordinance amending the above referenced section to the Administrative Code shall take effect thirty days after its passage. PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public Utility District at its duly held regular meeting on the 7�' day of February, 2013, by the following vote: AYES: NOES: ` k ABSENT: Eric Schafer, President South Tahoe Public Utility District ;; ATTEST: Kathy Sharp, Clerk of the Board � F j -40- i General Manager ( Richard H.5olbrig I �� • �� • �� ^ � w Director5 -�'i ��"� ChriS Cefalu •r� �✓ James R.JoneS �- �,� � , , i i Randy Vogelge5ang �U i/��V U t�i ity D r�tri�t Kelly 5heehan Eric 5chafer 1275 Meadow Cr�eSt Drive•South Lake Tahoe•CA 96150-740t Ptione 530 54�4-6474•Fax 530 541-0614•Www.5�7t,iGf.US BOARD AGENDA ITEM 6e TO: Board of Directors FROM: Paul Hughes, Chief Financial Of#icer MEETING DATE: February 7, 2013 ITEM- PROJECT NAME: Scheduled Capacity Charge Increases and two-year monitoring period for commercial connections. REQUESTED BOARD ACTION: Direct Staff DISCUSSION: The Board previously approved by ordinance the postponement of scheduled increases to the water and sewer capacity charges five times-five separate six-month terms. Currently, effective January 1, 2013, capacity charges are scheduled to increase 36%for water ($6,832 to $9,231 for a standard 3/4" connection) and 16%for sewer ($4,930 to $5,720 per unit). The increase to water is the fifth and final step increase developed in the 2006 Water Capacity Charge Study. The increase to sewer is the fourth of six step increases developed in the 2008 Sewer Capacity Charge Study. As a reminder, capacity charge revenue is restricted by law for infrastructure projects or to repay debt that was incurred for infrastructure projects. When capacity charge levels are kept artificially low, the current rate payers are subsidizing the difference when the District completes capital projects. Currently for commercial applications, the District's Administrative Code requires the customer to provide the estimated usage for the average day during the peak month of the year to determine the water capacity charge. The customer's usage is monitored for a two-year period and an additional charge or refund is prepared based on the actual versus estimated usage. This policy has been in place for at least fifteen years and staff believes it should have been amended in 2006 when the Water Capacity Charge Study was complete. The Study included a chart (see attached; column labeled 2010 is the current charges) which illustrates the proper charge per meter size. The charge pays for the entire capacity, or flows available through each connection size. This methodology assumes the customer should pay for the capacity available to them based on their desired meter size, instead of their actual usage which could increase substantially over time, depending on the type of business. -41- 1 Paul Hughes February 7, 2013 ; Page 2 The District is not aware of any other agency in the State that calculates commercial ° capacity charges utilizing a policy similar to the District's policy, and residential � capacity charges are based solely on the connection size listed on the Study Chart. Also, from a customer perspective, Staff believes the cerfainty of a consistent charge per connection size is preferable rather than receiving a capacity charge bill in the future to cover usage in excess of the original estimates. For these reasons, staff strongly recommends amending the Administrative Code to eliminate the section describing the special policy for commercial calculations. At the December 20, 2012, Board meeting, the Board adopted a new fire capacity charge fee schedule. The new methodology utilized to develop the fire capacity charges, specifically for fire sprinkler systems, decreased the previous charges substantially. Staff is seeking direction from the Board whether or not to prepare and present the required ordinance to postpone the capacity charge increases scheduled for January 1, 2013. The Board can consider an increase or increases different from the r currently scheduled increases. Staff is also seeking the level of interest from the Board to amend section 3.1.24(a) of the Administrative Code regarding commercial capacity � charge calculations. � SCHEDULE: The increases currently scheduled for January 1, 2013 are 36%for water (�6,832 to $9,231 for a standard 3/4" connection) and 16%for sewer ($4,930 to $5,720 per � unit). ;� COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: � ATTACHMENTS: Chart illustrating capacity charge by connection size CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer 8�Water GENERAL MANAGER: YES �1`6V�6 NO CHIEF FINANCIAL OFFICER: YES NO s -42- � i; � , v � � � � n � M m ti M � p� G O! Iq ° W P W O � O A Yf � N oia v_° ev_� esa .- ao ��.- nm fD Ol N � ' Of Yl p O� Of p1 ^ W t� {+� � O b W M fQ' O N N O y M N�M N M N N A � •� N N M n� C � Np O�D �^ p� � f0 N O O Cf O �0� W � 07 l7 t� f OD 0� 1�OW� O�f Np► W CD tp �- � t0�'� N Y►� N �i t0 1� N O � M N O N�N NYlYlNH o q N y � p{�� 10 1� �O � M n n �pq h��N O � f0 �p p M � � N Vl � � NN � N W p � O � N M WNNM�N � C! F N �� r °e � W � p O�i f0 N e�" W N ti pp 1p Qf � t0 e� M t0 P! W r' tO O V W 10 M y � l+1 b{f O� O!� M�h�p W '1 S N M 0 N N N N N N N N M b � � � N NNYlNN p i0 � � f0 t� 1p O W r�y 10 Oq! N �G W h f� p n a O Y On1 N W O�1 Yf N N m N � m N V O/ V 00 1f! O N N Of a A N � � N N N N N�N � N M Nn N � � N N N N � y e� O� � • , � ~ � � � C C V � W o � m � nn �nor� � m m <cr� om � m a � � M � � m C�7 m � r N Q W �I � E E E E E E E E � E E « ao. nnnnan na 000� viwwor000roomo E � � O O O O O 4 O O P o O I E � � M 1n O t� N O O O O O O eh u'1 O a0 Ol P7 O I •� U � .- c.� v m ( � m m � n m m °' ° .�' t � Z � y � � C) � a� a y�¢ � m � � ? � m � a' g a ., E �m � �i n u Z � � o � � � � � � � � � � � � w n a e'3 v � �c7 c c c c c c c •- a V q y oi � t� O � O O O O O p O O �„i �` v Q3 �i bo � .- c•ioiaariao ° � `O � a w p Z o � la v 3 �i i� � ;l -43- ` ' PAYMENT OF CLAIMS 6f � I 'i FOR APPROVAL i February 7, 2013 � � Payroll 1/22/13 483,382.12 Total Payroll 483,382.12 � ADP 273.13 American Express 1,023.84 Bank of America 0.00 BBVA Com ass Bank 231,266.61 P 32 197.50 I'i t Com an , BNY Mellon Trus p y BHFS legal services 7,680.85 � CDS-health care payments 95,223.81 Union Bank 371,425.72 �I 739 091.46 , Total Vendor EFT � ( � ! Accounts Payable Checks-Sewer Fund 422,949.61 Accounts Payable Checks-Water Fund 172,555.14 Accounts Payable Checks-Self-funded Insurance 3,273.29 Accounts Payable Checks-Grants Fund 0.00 Total Accounts Payable 598,778.04 Grand Total 1,821,251.62 I�'� � ; ; Pavroll EFTs & Checks 1/22/13 I� EFT CA Employment Taxes & W/H 2O,547.44 I ; EFT Federal Employment Taxes & W/H 113,522.54 EFT CaIPERS Contributions 79,839.46 EFT Great West Deferred Comp 20,929.52 EFT Stationary Engineers Union Dues 2,545.98 4 EFT United Way Contributions 160.00 EFT Employee Direct Deposits 208,852.42 CHK Employee Garnishments 1,246.30 CHK Employee Paychecks 35,738.46 Total 483,382.12 -45- � € � � � � � � � � � � � �n �o r oo rn o -� c� '^ N N N N N t�l c"t P'1 N N N N N N N N N Z W � � o�o 0�0 � � � � Y o o O O � O O O 0 O O O O O O O O O Q ¢ Q Q Q Q Q Q � E � O V t� t� � O O 01 t0 (O 01 N I� c0 O tD N N I� m �I7 ln c0 � O � � (O � � f") N � aD O b7 O M f� in m � f� c+) ln tt c'7 O N aD OD N 1� I� tn iA 1� f� a0 �D tn O �17 O 00 1� O f� � � � aO � a0 st � O� (O � � a0 M OD C7 CO � � E 00 � � M N N O? aD f� � � n � w� a Cj M •- � � � O I� tn C � r O �-+ N /0 f6 f0 N /0 @ f0 t0 a�+ � s. f- � F F �- � H H � 0 F+ t. Y Y Y Y Y Y Y Y Y �' U U U U U U U U U y C L L L t L L L L L �' � U U U U U U U U C) �j U t � O N O O O O c0 N O O O O O O O O O O O O O •� Ln � O c�'7 O N N � N O C7 c'7 .f'7 C7 M CN7 f7 f'7 f'] f'7 lh C7 tNfl a N N (O (O (O f0 CO tD N CO fD t0 t0 tD !O f0 CO t0 f0 t0 l0 (O �Y O O aD � O f� f� CO O V c� O� M O� O O N f0 OD O N aD 00 O O N O O M c'7 N O O O N O N O O O O (7 O O c`') f`7 O O O O O O O O O O O O N N O O O O O N N N N � � � N � � N � � � � � � e-- � � � Q a Z u�i Z Z m a w � � cn ¢ w c� N ? � r w w Q � w w w w w a w w w w w w v � e o N � w w a � z z z z z = z z z z z z g — � z o Z a � � Z � o O O O o o c� O O o O O O Q � = 2 = _ = J 2 = = 2 = 2 z a w w a Z a a a a a Q a a a a a a � V ` a O � a � > > a � � w w w w w Z w w w w w w U � �- 3 � � � � � � � z w w w w w w � w w w w w w � O o a > c9 a o � �- a � v� r- r- r- r- � cn � r t- r- � r- � Z R W °� � � Q a d w w w = a = Z Z � } } Z O O D U U � O tA tn � S = ' W W W � a Z Z J 7 Z O Q J Z Z J Z J Z Z Z (/� f!� Z (/� !l� ❑ ❑ O � O ~ ~ > � Q V � V � ❑ 0 O W � W W � Q Q Z � Q � � Z Q � � W �' W Q Q H � Q � � E as as O w as � � o � � � z �- z as as a � O ,� a O O z z � o z O O � z Q w c7 W C� z z � w ai z � v~i cn w w Q z w LL LL Q w w � z � z w w � a � w > > > c9 c� o � c7 ? ? o c� x w w w w c� C� a O U c� a U U 0 � W U U Z W (=j �i W � � � J v� cn � � � Z ¢ v J J V } � Z � � � � � N N N N N N N N m V� �"'I � � E'" � � a a W O J J J J W W W W W W W W � a 0. a ¢ w w w � � �n � z m m m m z z z z z z z z a x �' `' � � z z Z � j � a w � � � � U U U U U U U U U i: O aQ � � W mm � � � � � � � � � � � ►- � � � Q � e U U i = a � � � � a � � � � � � � � � � � F Q � � > a ¢ a a a a ¢ a a �6- a a a a a a a a a a a a m a � � � � � � � � � � � Ev �n �:, c� ao rn o N r, ,.,� ,., ,•, ,•i M r, � c v v � � v v V 7 � 7 � v Z x x x m o0 0o aa oc oc oc Y O C C O O O O O O O O O C O O O O O O O r ¢ `¢ ¢ ¢ ¢ ¢ ¢ ¢ � ¢ � o o � o 0 0 0 � � o � � � � � m o 0 0 � � � O O O � � N N � � O � �O ` tO �f V I� O O O O N OC aD (O h t� f� f� ln [C t� t0 f0 f7 ch O O O CO � O O � f'7 � C J � tn t0 f� � Of aD � tn In t0 CD c7 � � c0 � � N � N LL7 f7 N O N CO 1n � O N � � � � � O '+1 ..�. N V O l� c�1 V ^ � O �-° �0 N lC l0 � � fb l0 � l0 � E H H I-� H F H H F�- H F�- Q F U U U U ~ U � U U U U U y C L L L L Q L � L L L L L V i U U U U 0 U a U U U U U V U U � � m � N � O �f7 O , V N � � � � O O O O � h t� ln � 00 V aD (O O O O O O O tD � �- � � N N ` O O (O � Q � � N 1n � � � � � <O O N O � a f0 CO tD � � V V 00 N V �f � � V (O t0 �O t0 c0 (O O N N (O N Of N � O) O ' I� OD 1� 00 OD � 1� f� � I� O N N O N N N N N O O M f`') c") 07 c`'7 O O O N O O O O O O O O O O O O O O O O O O O O o O O � N � � � N N N � � �" � N N N N � N N � � Q w w w w w W a � � � � o W g W g � � � � � � X � a z � � � � � � J � Z rn cn u� cn m w c9 c7 m � a � c � � w c9 w (7 � w F- � �- f- � v� v� Z Z g p a � a a o z w z w Q y U U U U U z c9 � � w �- � - � W o O Q O Q � a � � � � � � o � � � � a r, LL LL � � (J 2' (� Z (n Z Z Z Z Z � J Z Z �y,� m Q � 0 Q Q J W W W W Q � O O O O O � � O O � _ cn cn cn a .� a � r cn c� c� c� c� c� m � � o g cn Z O 4 W � � a Q z a c� o 2 U H � Q F O � U � � � � � Z W U U U Z E w w w w Q � � � Z � � � � ~ o u�i � c�n � � W a O O cn � z � z z Z � p ai � vWi uWi z � � z � Z w w p w � W � � � � � w � w w ¢ O O W O o c z z Q Z W z W w Q � � O � O O � � � Z � � � � � w � c7 � c� c7 Z � � v~i � v~i v~i ¢ m m � m Z > > a � z � z z w z '� � � > > w a a Z g � 2 = O 2 W 2 W W U' � ? U ? U U S J J W U � Z � � W W W W� W W w U W W � 2 Z Z Z 2 Z Z j c~n c~i� u� a a a a Q v�i c�i� u�i u�i v�i r�n c�i� uWi Z �� U J J J J � � � � 2 � m W W W W W W W = () � Z � � � � Z a a a a a a a V � r w w w w a a a a a a a z w �. � v = � � � � � m w w w w w w w � w w = w � �--� J J � Y Y Y Y � k- H F- H F- H F- W H � LL V W � aS �ts �ts o6 U Z Z Z Z Z Z Z op Q Q � � W a _ = Q u�i v�i v�i v�i Z m m m m m m m g O O a � � x x, w w w w o m m m m m m m � � w W O H � z z z } m m m m c� � � � � � � � � rn rn o m � ;: .. O O � � � i,,; � � w w w w w w w a Q LL a a ; y 0 � � Z tn tn t0 N g > > > � � 7 7 O Y Y � � � � C Q Q W W W W W J J �7J J J J � � � a a a � m CO m m C� �m m m m U] m m m m m C� m V V V � 3 3 3 3 3 3 3 3 3 3 3 � � � � � � � � � � � � � � � '� {� oo O� O '- N M �T � V Q V V 7 7 '� '� '� �n � N N N N N N N N N N N 7 V � 7 7 C V 7 V V d' ao x oc W W o0 0o x oc x o0 0 o c O o o O o 0 0 0 O C O O O O O O O O O O O C O O O O O O O O � L L1. 6. C� G. 0.. 0. O.. 6. C. 0. P, ' Q 4^ Q Q � Q Q Q Q Q Q Q � C O O O a0 aD O� t0 N O O O O O O O O O c� O O O a0 � O O M N c`� 00 aD O O O O O O O OD CO N O O O � � ln In oJ M �f7 In ln � t0 0� c0 �Y � �A M C7 CO O O O fh j f0 (O N N t�D N N c") Ih c0 M M N � GO a0 N OD V R � � � � � ' Q � � � � N � � O � �. � ri (' O �-- l0 N l0 N N /0 f0 l0 l0 lb W � � ��. O O O O O O O O O O O � � F- H F- H H F- H F- F- H H Q F Y Y Y Y Y Y Y Y Y Y Y U U U U � U U U U U U U y C �'�. N N N O7 Q d N N N G) N N t d :��.. L L L r L t L L t L L � V i'� U U U U Q U U U U U U U V U b U � 0 o co ao 0 0 �n �n u> u� �n m rn �n o 0 o c� ; • tC) � � N � � t� h h I� I� tn f� 1� O t!') tn �CJ �[7 F ` N N O f� P7 GD aD O O O O O O O O � N N N O . a co co co � ao v v cc � co �c cc co co co v c� �o cD cc ; � � � lp O CO P I� N V. f0 � N N N N � � � �D � � M c'� O O O M M O O O O O O N N M O O � O ;; � O o 0 0 0 o O o 0 0 0 0 o O O o o O o o �� .- N �- C'J � � N � � r- N N � � N N � N N N ; Q � y W : F 1— � � = 2 = 2 2 � � V � � � i � � r a a a a a a � v� � � � w w w � y U V cn cn a a a a` a a a � c9 c9 w U c� U = :: v� cn 7 � > > > O O � m m m � � � c � � p W o a a d f7 C'1 Q C7 Q � � � g g g cn g - w w �' W a � � w w w w w � a a c� w w w � C� �` in v� w Z � � � � r}- � � � a � � � in in in V �•, Z � � � � � � � g � � z w w w W LL > > w o � N '? ¢ ¢ a ¢ a � a a O > > > a O o 0 o c7 a a o ❑ cn v� rn cn rn o. cn v� c� o 0 o a H � Z a W 0. � a � a � > � a � � Q E °Q w w w w w U w -� m � U cn cn � U U � � j � � Z a z m ai c}i� o � � � � � 0 ? � 2 ❑ N Z 2 F- fn � � 0 > > � � f n. Z Z o O O a O � W W � � w � ; c U U � LL ¢ � � u� � ¢ � u� cn z z U � � p � ; � z z a � � � a rj � w a a a ¢ z w w F- w � a a � � w a � � a w o � � � � a o o cn o z Z cl w a LL � � w a z � 7 > > ? z z � z � LL w cn O ? ? a x O � a a x x � > > U � 0 m a� a� m � z z `m `m m co m U U U U U W N ? ? ? ? ? O O U u m F � Z �� w 2 aLi a=i m aLi aLi � U U � Q a Q E E E E E Z � � Q Q vi � � � � � � C=7 = a a a U U ci ci ti � � � O z " � E c� U w j � � � m m a��i m d � O O � � � � Z Z Z Q � O O O m m m m m W F H 0 Z � � � � a a i C�.7 C7 C9 C� m m m � m � � � IU- a Q Q a � a � a a cn v� � � � c c c c c w w cn w W uJ � � � a a a o 0 0 0 � � � gm g � � 0 3 � � �s a z > c� c� c� c� c� c� c� c� c� c� c� c� c� c� c� c� c> c� c� o j ; i � � � � � � � � � � � y� � oo T O ^ N Al h � � � h � � b � Z V � � 7 �' � a � V 00 oc oG �'+ � � � � oG O O O O O O O O � O O O O O C O O O C Q Q Q Q Q Q Q d � (O N � O O O V o0 � V 3) LL7 O � �D O O O M O � � O O O aD OD (O O t0 �f] O N 01 V' OI O) u7 aD c9 O O O � m V � O � O 4� 4� O t0 c0 V O � t0 aD a0 C7 f") CO f7 c7 a0 CO � V � � � Iln � N c7 r- �O CO f� lfJ � t0 � � N OD � � N � N V ', O [� m V ; � r O �-° N W l0 f6 N f0 f6 N f0 � ai F- F F- H F- I- H F F- Q E Y Y Y Y Y Y Y Y Y E U U U U U U U U U y C L L L L d L t t L t � i U U U U � U U U U U U U > 0 � 1� IA O O c7 f") O O ' O O �D O O N O � M 7 f0 f0 � t� t� N h (O lt� 1n � f0 � � � N N N N f0 ` aD N f0 f� I� O O O O O c7 O O O aD CD �O N � � � r C CD � V � f0 (O (O f0 t0 t0 CO (O f0 m � V CO (O tD O O V 1� I� f� I� f� V M f�7 a , 1 N N V � 1� f� , a0 OD O O f� M M C7 O O O O O O O O O O O N C7 O7 O M C� O O O O O N O N O O O O N N N N N � � N N O N O O O Q � � � � � � � � � � � � F W N W Z V7 N � 1 � N Z � � � J J a z N = fA = fn !n w lA � fn Q � !n CA Q Z J W U y U u,� LL1 J ,J (� J a V a a Q a � a a a � � O � O w � � � � � w w w > > a J � � Z � � � Z � _! Q J Q (n � ? � O O � J J � N = 7 �y a a a m m � O ¢ � ¢ O W � � � � � Z a aa O Z m o � w � Q Q � _ � � � � > > > o > > = g c� � c� � � m cn cn a v� a 3 a m o 0 o c� cn �n cn � H � Z '� W °' � } � > a � � � � � a a c� � z > > � o O � � Q > �n u� W > > � cn cn cn x x o o Z ° ai cA o � � d O O O � � 2 J J Z � 7 Z Z O O � � � Z Z � f- H F- O O Q U U Q � � Q � �- h � W W p p � c a a a Q Q � � � � C7 C� � w � � C7 � � a a Q � O O o O O > � � > w w a a j z � � w O O ,� ,� o m m W J J W Z 2 � � W Z O O Z � � W W m z z z a Q = w w 2 > > a a x w ? ? � U c� c� c7 g c 0 � c� � Z a � � � W w �e V Q J J � 0:1 � �i � O a a N � a a a � � rr W ¢ �I�i J J J U � � Q' � Q' � Q' Q' Q � Z Z aiS o!S � `-�. i � � � z w w w w w w w w ,� a a > > > Q ¢ Z Z Z O H H ►- H H F H F- � � O O O � � m t- � � � a a v w w w w w w w w � O O U c� c� w w z a 0. W W W � d' O D U U U U U U U W U U O O O LL lL W �y � � � O O LL W W W W W W W W V � � Q Q Q N � Z F O� a a a � � � � � � � � •- � � � W W � O O O O O O O O W J J O O O � � � d p � � � z z w = x = x = x = x � � J o 0 o a a > a � C W W W � � � } } } } } } y}� � LL LL J J J � � Z a � 0 0 � � p p p p p p p p=� 0 W W W W W W W W t : � � � � � � � � � � � � � E � � � � � � ° � � � Z o�c o�c a�c o�c o�o x o�o o�o o�o o�o °o °o °o °o °o °o °o °o °o °o 0 0 0 0 0 0 0 0 0 0 � ¢ ¢ ¢ ¢ Q ¢ ¢ ¢ ¢ C �A O N O � N N N O O C7 O O M OD R O N � O � V' N I� f� O � O N I� O O CO M CD f7 � O � M � a0 tn f� N CO M c�7 � 1� O O O O st f� N � � O � O � N t0 � N O) (O 1� O 117 � OD � N � N P O O (O ` � � � � tp � (O N � N (O N N N O OD � � (O � (h � � N V &. O l� cn 7 � n `:; O � f0 l0 N l0 f0 N f6 f0 f0 f0 � � F f- H H f'- H f-' H H � � E' A � U U U U U �. U U U U � U y C _ L � � t L L L a L L L L � L V �' U F � c� c� U c� o U c� c� U a � � ' J J Y U U � � � � O �l CO O � N 1 O O O �fl tO N O O O N N t0 O f0 � O V cT V I� f0 �O tD �17 � M f`7 (O O O ` f� (O O c7 O O O O N r r N Q eT O CO fD (O O O a � N a0 f0 aD f0 (O t0 CO 00 V' V f0 O O tD � � tC N N � h O OI 1� N f�7 a �t � O) t� I� �O O O �' t1) ln aD O O O O N O O O O O O N O O O O O O O O C7 O O O O O O O O O O O O O O O O O O O O O O O N � � r- � � � � � N � N � � � r- �- N N � N W W � ; F � � � W � � � a ,e z � w i... z a y rn Z � � � w Z v� rn U > Z � x w w w a � c9 � ,� � w w m z W ,� w cn rn = g a � � � a c�7 � o � O a a W z z o m m z a a ` � a � a o o � a U > > � � w � J J � > > �., J J W � In � °6 a3 a' fn !n � Q O W O W � � � S Q Q Q � Q W � � J � m m O � J U 2 � d' ao ao C7 U7 I— J J 0 C.� � C7 O O � > > F- � Z c9 R W O a � � � a a �' a Z z Z o � � � Q a ° 3 � � � U , w W a� � J Z � U z LL � O ¢ n. a � • = w w W a � ? z � � z z z z � � � z z Z � � rn z z � o ° W o � � � � W o 0 0 0 0 � w w "' o 0 E � � z � � � r } � Z � � a � � n�. a 0 � � p�p Z C7 m � w Q Q Q C7 p�p m W 2 Z Q � � N Z 2 Q w Z Q � � w w w z a w w w C7 C7 � w w 0 � c9 w � a w x x x w 5 g o c7 c9 x w w c� c9 c9 0 � � a � ? ? z z z z � w w w w w w �' O V V J (� cA tA l� � N w w cn a a a a � � � fn Q' � Q' Q.' Q.' Z U U �J J J J J "'1 J J J O W W W W W LL LL } } } } Y CW7 CW9 Q U i Z � � V W W W W Z W W W W W W W W W W ��` p" Z > j m O O O O � � � Q W W W W W a�i � � "' x ? � Z Z �- � > > > Z � � W R 2 2 d' Q' �' U U i: O > � N � �q � � � � � _ = p } } } } } x W W p a Z � �' I- Q W W W W U C � � J J J J J J O R� � a � W W W W LL LL tL LL LL tL -J O LL IL tL LL LL LL lL LL LL LL LL � � � � � � � � � � � � � � � � � � � � � � z � � � � � � a � � � Y O C O O O O O O O C O O O O O O O O O O L Q Q Q Q Q d 6� Q d 4� C7 t0 C� � N � � O O LL7 � � N 7 N c+I f7 f7 O O 6� � O � O !� � m O W CO CD t0 aD (O N N N N tn N N � � N (O N CO c7 c'7 I� � t0 �[I c0 f� f� C7 C7 tn N � � O O� 1� 01 � � � N LL) N � 6�i O�i � � t0 (�O f� �n Q � N � � � � � r- � � — O � N V O l� M V � n O -- W f0 f0 f0 f0 f6 f0 f6 N f0 w � O O O O O O O O O O °6 � I— F- H H F- H H F F- I— Q F» Y Y Y Y Y Y Y Y Y Y U U U U U U U U U U y G L L L L L L L L L L � L �' U U U U U U U U U U F V � � U � M O O O O O O O O O O O O O O � � � V LL) N � 4� t0 CO N O O C� t7 C7 ch tD t0 ch f7 P I� (O � O O O O O f� I� � N N O O O O f� 1� O O O O O a ic � cc �o m v v v co � cn co �n co v a co c� � � � M c� e7 M (h 1� 1� CO O� O� N CO N OD 1� 1� CO a0 O� 01 O� O O O O O O O f�7 f") C7 N c7 N c7 O O M M c7 t� N O O O O O O O O O O O O O O O O O O O O O � � � N N � N N �-- N � r' N N � N � N � N � tn C7 aJ � Z Z � � � � � � � Q' � Z m Z w w V W w Z Z Z Z � � Z Z � (WA � O J O J O O O O w W O O J J � � C F- H J J W W J J � Q � � d � a a m � � w w w w a a w w � � LL J ? N � � � � � ¢ w w U U U U � � > > O O Q .c W � a <n cn v = Q ¢ � � � � m m � � z z W LL ` � j J w � m Q � � � W W w W Q Q W W Q Q o m a � � a g � � F- � cn u� cn cn � � v� cn � -, � � � z � W a � } a z � � � c � � :" ,Eo a a a a a � w v w U U v � z o O O o O � � � � � � � L1 • x x = _ = w � w � w w w a` J � � J J � � y (p � � � r } v� cn � O � � Z � U U U U U � � w w w � g � g Q Q � � W W W E � � � � � � � o z z a O Q O � � O o Z Z Z w w w w w m m � a a � N � � m m N N Z Z Z � Z Z 7 7 � � Q Q � � w w w w w a Q U � � x U x U � � U U � LL w 0 � � � � ? ? ? w w w w � � z w w w r r y r a a J m � � � � � � � � � � � N V�l N c� � � � V V Z Z Z Z � m m ? ? z ? O O Z Z � U Q W W tn cn in cn F � — — Z Q Z Z Z = � ❑ m m m m � � Z Z O a a W W W V—�, Z Z Q Q Q Q � p[ Z ? J W 0 W i � � Q Q Q � y � � � � � � � O � Y Y � [x- O w W � � � O O p � � W w W W 0 � Z Z O O � z z > > > = x � o o cn in cn in x x v�i u�i a a v d o � � � � � � ¢ ¢ a w w _ c=7 � � c=7 w w � � � � o a a c� c� c� c� c� _ _ = x x 51 = _ = x o g z z � -� � � � � � � � � � � � � F E 0�0 W W OC OC W O� T �. v v v v v v v a Z o 0 0 0 0 0 0 0 Y O o 0 0 o O o O Q Q Q Q d Q Q Q � � � C O O O � V 1� M O O (O t0 O M �t � O M (O c0 � � M fh O� O O O O U7 c`7 O O O O � CD �fl m O O � m 00 � CD Pl O O O t0 07 O O V <f' �A t� c0 h I� t0 oD M N �O t0 � Q) ln 00 N O O � � O] O Of M a0 � N N O E o0 CD � � e- (O ln tA .- � N N � QI t0 � � O1 M � N N t��7 � o r r, v � � o -- i �o ro m m �a �a :o :°. � � ' ►°- � F�- H F F�- I-� � Q E- � � � aUi m � a�i aUi a�i � ~ a�i aUi a°i � � � � L L O t L L X X L L L �` � U U S U U U W W U U U V U � ' U U V �a a C7 c+l O N O O O O � O M P') r- C7 C7 N C7 M � : fn � t/7 C h N N t0 f0 h m I� 1� N f� h � h P I� : N f0 O O t0 f0 i� I� O a O O O O O O O O O O � O • a ao co co � cc co � co v v � o co co cc co � cn co co �o m co co 3 � � �O CO �t a f� 1� 1� 1� f0 O N N � � 1n IA 47 ' ' N N IA N N O N O O N N O O O O O O O O O O O O O O O O O o O O o O O O O N O O O O O O O O O N N N N N �- N � � N � � N � � � '- � � � � � � Q 't s i d # � } f w � � a � v� � Q U � J O O W W � W J J J J W � J � J -� J W k�- a c � � W c}» � � g g a a `�' � � � w � o �Q � � � � � o �: > v, V '� _ _ � � o a � � � u�i W LL a � w a p w � V � a � p � ; F- � W � O m m m m � S O Q F- O F- Z Q W Q O Q H u. � Q Q ¢ w = g � _ � w � a � _ � � � O o � v o �? m ai a d � � cn > cn cn u. v� ¢ c7 cn a cn cn v� Q � � ` Z a W � � a � � �n = � > � z Cn > N z F- f- 0 r � � � a a V J J , a a d = _ � � z z a a � 2 U U Z Q w W � } � Z X X w w W � � w �.: � U C7 � } Iw- F- W W } } � z F- !- Q-' Q' Q' � � Q'' g a z z Z � z z a a � � Z z z i-. � � p p �. A c w w O o � � w w � � O p � � w w w � � w s E z z Q O } > a a � � Q �s a a �' a a a � � � � a 10 Z z a Q w w � � °Q° m a w � � w w O c=1' c='1 z z > j �U' w w O o x 2 0 0 � � O C� a a x x w w w > > a a w � o � F_ F' J Q Q V aC � J J ? �I �' Z Z Q � � � e O O m ¢ � Z (j (j V U v U U > � a W W i �Z Z u� a W Z ? w a a a a a a a a a a a a a w �' w � � � o 0 o w w w a a a a a ¢ a a a a a a a x a 0 0 0 o c, c, o z z z z z z z z z z z z z w � � � z v o � � � z z = w w w w w w w w w w w w w '� � � � p � g J � � W W Q O � O � � � � � O � 0 O � U7 W } Q U CJ � fA (A fn (n (A !n fA Cn tn fn [n (n !A L i. ? O O Z (A � m O O � N W W W W W W W W W W W W W W b o ' � o 0 o Y Y Y Y Y g -�2- g � g g � g 3 g g g g g g g � a ; r � � � � � � � � � � � � � � � � N N N N N N N Z a V V 7 7 V � p� '�0 OC o0 00 00 00 Y p p p p O O O O O O ^Ji O O O L a a ¢ a a ¢ ¢ O M � O aD CO O O O O O O M (O Q' f� (O 1� t0 V f� � N N � t0 M CO t0 f0 V � O O O O O O O O Of I� � � N t� tfJ �f] � fh 117 aD N tD c0 � 1n O N � N 1� O P In LL7 O IA � O lfJ � c7 1� 7 � CO t� 1� � N N 7 (O 01 (O � 1� V f7 � N '- � V P7 c'�] 1� N N �Y � c+7 M C7 ['1 r- � N N � N V � O c� c�l V = r o -- m W �o m m � �° w E H F H F�- F F H A F m a�i a°i m � a�i a�i a�i i a°, •• i U U U U � U U U V U 5 r� o 0 0 � � in o o r� u� �n co c+� co 0 0 0 0 0 0 0 0 h (h s{ f+] � O O O) O O � f� � f� N N N N N N N N N � O C7 t� M O O O N N O � V O O O O <}' aD a0 aD aD CD a0 aD aD p, co co co cc � �c co co co r� v a �c co �o �c o v v v v v v v v iA O O O � � � � � � � � N N V N O a ' N Of Of , N � O O O O O O c'� N N N c� c'7 O O O O O O N N N M N N N O o 0 0 0 0 0 0 0 o O o 0 0 0 o O O O O O O O O O N � � N � N N � N N � N � � � N � � � � �' � N N N Q � � � X a Z Z � � � cn o w w w w w w w w W Z J J J J J J J J C = � F (� F � � W W W d � � O J J W a a a a a a a a c � Z ►- F- W � � � U U Q O � O Z � 7 � > > 7 > > — O � 2 � � tn F- � (A tA tn l0 (n (n ln fA H O O J J } a � (q ~ Z ~ W W W W W W W W W � � �7 � p p w j j � � F- a � o � U U U U U U U U U x LL ` � J H J � � a d' d' � O O � � � � LL LL lL LL LL LL LL LL ll o � w �n w a a 3 � � � � � a �n m �n o 0 0 0 0 0 0 0 0 � � z � W °" � Z J Q a a � � � � � r � E � � v � w w � a a a � � Z � z � � . o 0 � � � � � C7 C7 [� � Z � H p C� 1- p C9 a F z z z � � � z z z z � z � W z � W z Z o 0 o w w w w w w w w � ° � � � W w c~i� � W E a � as as a a � z z z z z a a j a °� � ? a ? z z ¢ ? r � z z z > > u� c� c� c� a Q � � a � z ¢ � � c� a � � c� �7 w w w C3 C7 � z z z ? ? > > w � w w o � z ? o � z 0 w c9 c7 c7 w w c� w w w LL LL a a = a c7 = ¢ = w LL a x w V U U U � Z ? ? O O O O Z Z Z Z U U U U � O O O } r � } � N � � � N � � � m Q' J J J J Z Z Z Z Z Z Z Z Z V U w � � � a a a a O O O O O O O O O �� w w w w w w > > > > > > j > > > > > > � U U � Z Z Z Z Z N � � � J J J J J J J J J ¢ .� W W W � � °� O O O J J � � � � tn cn cn cn tn v� cn v� tn � F� � ¢ ¢ ¢ ¢ w w w w w w w w w a � J J � � � cW.� c"'.� � � v�i c� c� c� c� c� c� c..� c� c� c� c� c� v a a Z Z � Q.' � d' li. li li. li lL li LL ll. LL W I Z � � � Q' Q' Y Q Q Q O O W W W W LL LL LL LL lL LL LL LL LL W � � C� Z 2 Z U U � F- H F- O O O O O O O O O F- O � o � � � � � m w w w Q Q Q Q Q Q o 0 0 0 0 0 0 0 0 ;: � z z � � � � � � � � � � YW W W J J � Z Z Z Z Z � � � � F- H 1- H H F H F 1-- � w g m m m J J �a a a a � � � � w w w w w w w w w a y J .J J J J � � � � �� r1 � � �2 � � � � � �2 � � II E € � � � � � � �. � � � F � O N r1 7 �/1 �L 1� oC � O O O O O O O O O V � a V � V V 7 7 oC 00 m �O �O m OG OC OC O O O O O O O O O _ ¢ a ¢ ¢ a ¢ � a ¢ c'7 O m O O � O f0 � t� O fh W N � CO W M � N O O C�7 N oD f� t0 fD �27 O V' a0 � f0 tD � � N f0 O V m O � O � In ln � f0 t0 fV O (O M � � c0 C7 � ln ln IA M tn � 07 01 1� t0 h tn N M N �fJ t0 (O f� C7 OO N � O7 � CO E (O M C7 I� � � C7 (O N N N C7 N a V M Q � r� N � 4 o c� i" � � ; .. � o -- m m m m m m m m m :: �+ F�- F�- H F�- H H H H H '� E G F, U F F. U U F U U U U U U y C � N N N N N N N N F. 4+ ;. L X X L t X L t L L L L � �" ' V W W V V W V V V V U U U = � � � � U a a a O O O f`7 f•'1 O O C7 N c`7 � O aD c0 O O O O O O N N N OD W N tn N � � � � � � �17 N N N N N N N N a0 f0 {O O O (O N O O tO O O O aD O a' � OD aD a0 a0 OD OD a v co � co co co co � � co cc co cc v �n o o v v v v v v m I� f� N N 1� 00 M � V tl') N � 1� C7 O O N 1� G� 07 ' N - ' c'O N N O O N o7 O O O O O O M O O O O O N c7 O O $ O O O O O O O O O O O O O O O O O O O O O O O N � N .- N N N .- � � � N N N � � � � .- .- � N N a a a O O � V 0 Y cn � � W � N O O � w � z m � a � � � w w w w w w y a p p U U p �? ° � a w � w � O W W a a a a a a 2 e j F= H ¢ ¢ H- � m at � > > p. � > > j > > j > ? � g - � g g } } g w ° o W o � o � � ? ? � � � � � � E V '� c.W.� � � ° ° � � � � o � � � � a cWi c.w.� � � � cWi cW.� cw� ..:, , LL lL m CO Q Q m W 1- O � � �Q' � �' � LL LL lL LL lL LL LL LL t� O � O a a c�n v~i a o � c�7 m Q � Q o a O O O O O O O O H � Z � W 4 � � Q a J J J Q Q Q � � � � U � W ' z � � H > �' a � a � � O a a � O ' w w w w = w w � _ ° ; a` a a a � � Z Z � � p � Z Z � Z � r w w w w V a ¢ z z H a � � p � � r W � � � W W Q V O O F W W E z a a a a a � � � � a a a � � � � a � z z w a � � ' cn w Q ¢ � � � � w z z � m C� Q o � i Z O O 7 � � � J W W C7 � C'J LL J W W 7 Q Z Z Z � � o o a a o c� w x x w a w ? w c� c7 a � w LL � a 0 J U Z � O � U � m i O O � � � � � � `i' t � � o W � ?i � � � � < O w w > o 0 0 0 0 o a (/� g � W 2' d' �' d' � d' V I Y Y Q "� a x x x x x x z H- � �" " U W � ' � O O W W W W W W W 0 a C� w ' � � � � O O O O O O Z W � � � � � � � W � � Z � w w � � � a a a a a a o Y o � � � � � � � F o } � O � J J J U Q F- H F- F- �— H Q � W W W W W W W W ` " . � o o F � J a �n cn v� cn rn cn �J ¢ c� U U c� U c� c� U d a O O r � LL lL LL LL LL li lL lL G F W O O Q U W W W J 4 W W W W LL LL LL LL lt lL LL LL "� a+ > � � � � � z z z z z �Z z z z z o 0 o O O o o O a � � � � � � � E o °- "' � � v v v v a c 0o m x oc x oc o° °o o °o c °o 0 0 0 o c o Q ¢ Q Q Q Q � ao o � �- ao �n ao u� c� o o �n r� c� ao o n n rn c� ao cc r� o o rn rn r co r� r� v rn o �n �n cy m r- r� rn c� cn �n ao co o c� co � � N C7 IA O � f� (O a0 � O O f`7 � N � f� � � IA (O m in � tn N � M V OD N � 0�0 � N � N � r � N r � N N V e- �" � (`7 � O M �.�. N V O [� t�1 V ^ � O �--� l0 f0 N 10 f0 f0 �d„ ei R � 1�- H H H F�- H A F U U � H � i- H m N � i aCi L t p a aL x x t t r ; t U U � � 0 U W W U U U V U � � Y � 2 x o � a a O O O 47 O C7 ' O 1 O O N N N O O O O O O O N N N � �`7 10 �D N N � � � O O O O N N O � O O N O � Gp Cp Gp f� OD O dD N (O tD O O O O O N f0 a0 N N N N �O N � V C V V OD CD V CD f0 (O t0 �D t0 N N V CO CO V' t0 f0 (O �O f0 f0 I� O� � t0 f� � � t� � !� 1� N � N O O V ' ' � � � � , ' I� O N f7 O O N N O N N N O O O O O O N N N N N M N N N O O O O O O O O O O O O O O O O O O O O O O O N [V N N N N � � � r' N N r- N � '- N .- N � � � � � � � a � � v� �n �n � -� z � � � � � � � � � � � W � W � a � > a � z z W g w w w N F � � t= U �- � � � a a a � x a a x z O O � � � cn rn W w U a w m w w U w � c a a a � w a � w � � F- a cn a w w a � � � � � � � � � � - (/J fn !/� = W � w Q � J � 0 � a a J J � � J W J J J .` w w w U ¢ Y � ¢ v � � a � a. > > � W � v W in W W � W ° � LL ,� LL a � � � cn Z m m O v� cn w o � � LL o O o > O Q > > _ � = m m W � V � � � � � U � O O o = a x o a F- a a cn c9 v> > > � � ? O r o � � ? � H � 2 � W 0. � } cn > a a � z � c� a o � o Q Q � � E w > ¢ w w �o Z = � �, X X O O O O � } c7 � r c9 c7 } c9 a a Z z z Z Q � z z z a ¢ a o � Z � � � � � w W a o o a � t-- w w w w � � 0 c a W W ~ ¢ Z Z a Z � � a � a ,t y � � z z z z z Z z z E � Z Z � � � a a � � � y � CO Z z a Q z z a z � � � w � w w w o o z z z Z o o � d a w LL O � w w � w o o a = a c� c7 x Q ¢ w w w u. Q a o 0 � m �'. � z O O a O � � ¢ `) 2' > > W � � � � J J L L w p"i d H H J J J � � (n !n fn !/) (n (n Cn In !n V7 x .T tn 41 Q Q Q Q Q Q Q Q Q Q F" � ll.� Lll LLl Q Q Q Q V V � O F- H f-' � � C}J U U } U CJ U U U U � „ U U U V � Q..' 0_' � � fn (n fn ln (n N �,j ~ � F � � F on a Z H F H H F- F- F- � � � � d H f- � F � � F � H F- .'7 y ti LL LL J 2 Z Z Z Z > > � ❑ a� a7 W W W W W W W W W W �y. O O O O O O O O O O O a `� a a a a a a a a a a a a a � � � � � � � � � � � � �� E �--� � r � ^ N N N # � a � V 7 C' V' � � oc m ao tt� oo x x ao Y O O O O O O O O O O O O O C C O L a ¢ d ¢ ¢ ¢ ¢ ¢ C a0 N c0 O C 1 f0 h N �l7 �A C7 1� O �A (O tD O O O O O O O O tn a0 (O O (O t0 1� (O f� � � a0 tL) t� N f� � N O O tn � tn �A O c0 Of CO aD � f� a0 1� 1� f0 O aD f7 OI O � � N I� N f� � � V N N � N a0 � a0 O N N N O I� f� N � N M N M t0 - Q � � N N �C! � cD LL7 I� 00 � h r � . F O M N � o 'r �, v --� r D �--� N N f0 f6 /0 /0 /0 f6 r d H F H H H H H H 0 � H C � OtV7 d d CLU7 L t � t t �- i � C� U U U U U Z U U = � V U F�- � 0 0 0 0 0 0 �n c.i �n m N N o 0 0 � � r� r N O tn O f� I� CO 1� t0 1� N C7 C�] O O O O O N N N N OD aD N N N O O f� O f� O tn tf� �l'f � O O N N N O O O O O a � f0 f0 tD t0 CO V c0 V (O N N N N N N CO t0 (O t0 t0 f0 f0 t0 � � � � N st t� N t� , O O O O O O � O� O) OD � OD O� O N N N fh O O O O O O O O O O O O N M M M M O O O O O O O O O O O O O O O O O O O O O O O O O N N N N c- � � N N N � � � � � N � N N e- �- N N Q fn � (n } ~ (A fn (A � � 2' Q' W , W z W z u� rn cn a � z z z a a a a � � c a W m W a a W a W a °° � � w w � H � w w w w �n � � � a a J a -� C='1 z c9 �i rn cn w w w � � � � > � - � � w � > > a � a w � � � O a a � � � > > > > a V � � w � w N � � � � ~ z z � � � � w w w a � � � y > u> > a a v� a rn w F' > > > � LL Q w a O O m O m � w w c7 p � � Q Q Q U U U U U - O a O � O � v� cn a cn J cn J J J J > > � � � O O O O O Z � W e'. � �' � Q w a a � � w Q a °' � a a w w � w w � U U Z � O -� �2' � ` 2 Z � � � W W a z z z a z � � � z z z z z z o o z v� `� Z ~ � � � � � � � � = w w w w � Q a � Q a ° a a a ° ° w � w � W a z z z Z a � 0 a � W as as as as oa as � °� z � Z � Z as t7 C� C� Q � a m � m o z z z z z z a a C� �n Q cn Q z Z Z Z Z � W Q � Q Z W W W W W W O O 2 � Z � Z W W W W ll d 2 _I d J � (� (,� (7 C.� U' (� m CO W U LL U LL C) O N � N � W W W W Z Z Z 2 2 S 2 S aC � � � � �i � U U U U � � � � � � � � LL LL a � p p p p O O O O V � Z Z Z Z Y Y U U W W W W � F' c= � � N � � � n � � � � � � � � w w Q W W W W w'j o"i Z U U U U � � � � � Z U U U U ~ ~ � � a ��i. � � LL f= F O � Z Z Z Z Y Y W W Q Q O � H � F�- W � . ` � H � � � � � � � O J J J J � g = S � O O O O � p � w w w w � � � w w w w 5 a � a a a a a a a a a � � � � � � � � � N � � � � � � G � � � � � � � � � � � i � � C M V V1 V: I� OG O� O ^ N � G N N N N N N N t+1 t�l f�1 � Z � � � 7 K 7 V � V 7 00 00 �o x o0 oc oo m oo ao II o 0 o c o 0 0 0 0 0 F.. C.. 0.. G. O.. 0.. 0.. 0.. 6. P+ Q a ¢ ¢ a a a Q ¢ ¢ � C CO (O t0 O CO O O t0 st O O O h LL7 M Of M N O O � O f� f� O � O tA � � � O O O N � aD � (O (O O O �L'7 � � O O �f1 O O � c•I Of 07 O 00 V� N W 4i �l7 O O I� � � M 1� M M N T � � N c�7 O ^ I� C7 f0 t0 � f'O' � '- N r '- O r1 N 7 O l� t�1 � .�-. l� O '+ f0 l0 W f6 N l0 !6 f0 f0 N � � F � ►-° F°- H F H i°- f°- F o E m a°i a�i a�i � ~ aUi m aUi aUi O a°i o�i �' ~ � w L L L L x X L G L L Q' t L X X V �. V V V V W W U U V �..� n. V V W W U 7 U U a a � a a N N N f� � N O O N N O O r- O O N O O O O O � � � h 1A � O O O O N N N � � t0 � � N N � O O O O 1� O N N O O f0 (O O C7 P] O t0 N N f0 f0 a (O t0 f0 CO � tD (O t0 N N t0 f0 t0 t0 (O t0 t0 t0 (O f0 t0 N � �O 01 N N !� 1� O O 1� 1� � O O CO O) O) f� f� O O O M O O c� c") O O N N O O O O M N N N N 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 o O o � � � � N N � N � N � N N � N � N � N �- N Q W Z N N N F H F F(�- U' (7 Z i- H � W Z Z Z � � J d W W � � � � � � � � W W rn cn O O W Q Q � W U U O O � c c�i� m cn � � N w w �z z F= � � c7 C� � � g � � E- Z Z Z � U Z W W (n (n W W � � � V �U � � � � N � > > LL O � > > � � � � O > > W � W W m m � ` � � � > a � ¢ ¢ m m f- �- � a � � � DO 00 � � � Q Q � � � � � C7 C� C7 ? = C7 F- H > > d d Q Z Z a � ❑ � a a F- � Z C� � W �p a � a Q z a o U � H Q Q � Q Q E � � � w v � � z r r � � a � > � � cn �n x � W o � x x � w Z w w w a Z v, o o z z a a � z z � � z z d d Q o � � � � w w Z � � � w � � w w � � � W � � Q Q � � � ¢ ¢ � � W W � � E a > � z a a � � as ao a a a as aa W O Z Z a a 0 o z z � z z o cn �7 c� � W � Z j j � LL W W � � U' W W Z � Z Z O O a x O � a a ? ? c7 c� o o w c� C7 � U w w o 0 0 � � w � � � � tn m v�� W U F � � � O O O O O O Z W W W ¢ U U U U U U � � Z Z ,..� J J J J J J Q � � U Q a Z Z ¢ U a ¢ a a a a � � � ¢ a z o 0 o a a U U t� U c� c� cn v� z z w c� C7 o m w � U ip Q Q Z Z 0.� C. x x = _ _ = U U 2� Z � � ¢ W W w � Y 3 � � t-x- p U U U U U U ` � Q � � � � } } O � p O S 2 S 3 m J J W W i: Q � � � t Z Z F H H U o Z Z O O � a W W W W W W W W ' ' > > � > > W c Q Q = _ � d Y Y E E O �7— O O O a n H H Q Q a � � � � � � � � � N � � � � � � � � � � H Y: � � � < � �4 G � � Er^ a � � r�, �°O-, °; v° � � � M M Nl N1 M Z � � W OC OC 00 W 00 Y O O O � 0 0 0 0 o O o � Q ¢ ¢ Q ¢ Q Q Q C M f� c7 M f� � �O M t0 a0 00 �O 70 � �D O O O O O O M O N N �p c� �+7 �p f'� tp C7 tp C7 � O) � 6� t0 O O O O O O O N O f� � a0 � O O O O O O O O O 01 � tD N O � O � M � N N � N fV � N � N � N � O O � 7 �Nfl �17 � t�0 C�7 � � V M N � � � N N � O f� M � � r O � l6 f0 t0 f0 W /0 f0 f0 a�,. � � � H F�- I-� H F�- H H F�- A F u�i a�i aUi a�i m � m a�i a � } aUi � � � L L J W y t t � U U U U U O D U � ZO V U V U � N d � O O O O O O O O O O �fJ �f7 tn � N C7 O N O M O N N N N N N N N N N h f� I� V' O � O O O � �C7 I� � V ` (p pp pp Gp cp Cp Gp Cp m aD O O O O fO O O O � O N O N O a 7 V V' <Y V V <f V V 7 f0 (O f0 �O N CO f� f� f� f0 f0 �O l0 CD � � tn t0 Of OD � � 01 CD � N , N c'7 O C7 � O) O� 1 , N M � O O O N C7 M O N f7 M O O O O O O N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O _ � ry � r- � � � N N N N � N N �-- N � N N N � � � � a � cn cn �n �n cn cn �n �n �n i = = W � � � w w w w w w w w w a a a Q � N J w w J J J J � � J J � a 'a a Z � w Y = U tA U � _ � � � � � � � � � C7 C7 C7 fn i j N W O � in � � g Vl � — cn rn u� u� �n cn rn cn a� w w w c7 � c7 cn a � � w � w c7 J W W W W W W W W W � � � Z F Z Z Z Z V � J � ? („� �� U U U U U U U U U W W W � Z � � � � W W Q W O � LL W LL LL LL LL LL LL LL IL ll Q Q Q � O � � � a � � � � O o 0 0 0 0 0 0 0 0 0 0 �n �n cn m � m � � � a o v� o m z " W a' G J � ~ J a ¢ = w z � a z o J � O O � a a O ¢ � � Y � w U � U w a � a w � p w W a Z � > Q > � O O � � � � � O . Z W W w w Z c�i� � u�i � � � °z °z ai a � � � Z u� � Z cn � � Z � z z z � � � z � � W � W W W W W W W � V � V W W W � � Caj � � W a � z � Z a z � z a w a v �s v z z z w w a. v > � o � w c7 cn Q � C� cn Q � � � W z w C7 C� C� � o � W ¢ °; z C� a z � ? C7 z � ? � z � � w � z z z z z � � w x � w O w U � w w U u_ a � a w C� w w w w > > a w x � > J a a Z � Z o 0 o m o � U _ ��/l � � V Z V Z Z Z � FW- H H H ¢ € O O O W Z Q � ¢ a a a v a a a � O 0 w w w � � � � � � � c9 c9 c7 c7 c7 c9 c7 c7 c7 c9 C7 c9 W V � > > > a a a a a vi F� _ 2 z z z Z Z z z z Q � � � � ►_ � � � � o 0 0 � w W > > > o 0 0 0 0 � a � z z z z z z z z z ¢ � v� cn u� w � x w w w w x x a a a a a �a a a a a � � � > �n � �-- �- � Z Z Z Z Z E-' � 3 w w w w w w w w w w w w w w a rn � � � Q a Q Q Q � O O O O O O O O O O O O O O � z tq tn m m m m m m y e ' 2 S 2 2 S = S S = 2 S S S = O Q � y � N � ] d a a a Q a a a a a ¢ a a �58- a = � � � � x . � F- t- F- F F F- F- F- f- F- F- F- H H H F- H H H � > > � 7 � E z Y t � 1� I� O V O aO M O O 1� 07 � N M I� O O iA aD f� C7 O N M O O M O O � O c`7 aD � m O M O O O 01 f`'f � � C7 � � �1J � r" �D � � � N � � � O O O O CO N O t0 00 �f1 O C� N O � CO aD ch O� O f� O ch f� �1'1 GD tD N M f0 CO a0 CO N O �h I� (O � OD O 1� ln � r M � � N 1� aD N � � (D N � M 00 O N V � f7 QE V 07 (7 � ln r N � N N � N � � � � � cn N O M N 7 o r � v : � o — d � Q E +„ F C C tA i � o a � L 2 � (� V � > U p O N � � N N O O N � � � � O N � N O �O � O N O N f7 f� N N O N f� � �, N a0 O O aD O N N CD O N (O O N (O <O o0 N aD N dD N 40 CD O 00 O N GO O N a cc v co � v � cc � � c� <o � cc � n v a co ao v m v � v v co v �o �c � co �o � t0 f0 f0 I� 1� � , 1 N N N aD a0 CO Of QI Of � f� 1� a0 aD � 01 N 1� f� � ' N N O O O O O O N N N N N N N N N N N N M M C7 C7 c'7 M O O O N N N O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N Q � � � � � � � � � c- � � � � f- � � � � � r � r- � c- cn a N c� } � � � z � �- w U v� cn Z u� cn cn � � z � r z W z a W �w z z z � w X z z a W z j a z w z w � W w z z � w J d J J H �- 1�- J H -� Z (n '-� H U� C7 U �j a � � a � W W U O m J a� LL � a LLl a tn W a W a � J a � W U � m _ _ � � � a � O � � � a � z � � � "' � � � g � c�i� � v=i a � c�i� � � as d} w � W W Z Fr-- W d' W W � F � � Z W N ? W W � � W W W W U J W d' W L;,f � �f U � U Z (n fn � � � � U > > V � V N J v � � � — � � � LL 2 Q LL Q 2' � V Q � W a' � � Q LL. � � N d' LL Q' � � � L� m � Z Q � o r- o c� � o � � � ? �n o a c� � � c� o � o o � o � o � �n o g � _ �n o � � Z 4 W a � � � Q y � a cn a N � O � I V � I _ � � S S 2 � U U W W E W W W ( � Z Z Z p } } > > Z U U Z � � � � � � (n Cn � a' Q > > H � � � � � o Q Q O O O J J J Z Z Z Z O O � N � � o Q v� �n Z Z Z Z O O LL � � W W W > > > � � � � F � W W O O LL � W W C � O O O F � � F H � � � p p � W W W W Q Q � � W W Q Q O � 2 � } a a ¢ � � o z z a Q ¢ O O O z z z z � � � � z z a p p � ? a a A w a a a °Q° m O o o > > > Q a Q z z z z � � > > ? ? � ¢ ¢ O a > > 0 x o 0 o J J m a ¢ _ _ = o 0 o w w w w ? ? � � �. LL a � � m a = _ � m m w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w � � � f- � � f- � � H- � E- E- � � � F- E- � � � r � � � � E- F- F � � � � ¢ � � � � � � � � � � � � � � � � � � � � � � � � �a � � � � � � � � O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O a � a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a v, F � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � W a O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U x Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y F O Z Z 2 Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 2 Z Z Z Z Z 2 Z Z Z m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m b a � N � � � � � � � � � � N N � � N N N N � � N � N N � � N � N � � � 7 7 > > > > > � > > > 7 � 7 �� 7 � 7 > > > > > > 7 > > 7 � � i � � � � � � ` � E N M � yl �j) V' V V � � Y O O O O O 0 0 0 0 0 L ¢ ¢ ¢ � � .. C (O a0 CO LL7 N tD <O O c0 � a0 c0 CO O �t V O N N � C7 f� ch 0 01 1� O O fh V � O f� .- � GD N aO N 1� 1� h � f7 I� O (O t� t0 N �(7 OI aD (V � OD O O c7 c'7 t� tn th fp N t0 00 c0 O O 1� t0 � � N N � a0 V N a CO � N N N M � N ln In t0 N M I� � � Q � r- '- � e- T � M , e- � o � O l� '. M � � � O �--� � f0 N f0 f6 N N y � - _ � � i°- F�- � �°- A 6 Y Y Y Y Y Y a 0 F w 2 Z U U U U � U C7 � '' € a � � o U V � _ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o co r� co ' f� M O N N N O O � O N O N c`7 st lp (p N �7 tf7 h M (O a0 N t0 CO OD a0 N N OD N aD N OD a0 O h I� O O O O O a cc v co co v v v � co v co v co v v co v v c� m � co ao N I� t� f� Of � 07 07 O1 h h OD aD � � � f� 1� M c`7 fh M O] � N N N N N N N N N ch M M M M M O O O O O O O N N N N N N N N N N N N N N N N � O N O O O O O Q � � � � a-- � .- � Z � U7 (/7 f� (� (� (� � f� � � X Z Z Z w J Z Z a Z J Z J Z � Z � � � O �j O d a. L~j,J l j C!I l j a t j �- O W W J Q J d � c z a � ¢ W v=i v=i � � � � � � � a � a a a � a p � Z R' J W Z J J � J J �' d d W ~ � V '� (�O (� > � 0 V V > > V > U � V V 0 fn Cn W � d J Y v� N 0 � a c'n � a � o o � � o � o � o v=i m g � � m a c�n °x H z � w � � � a w W a � � > > J J � LL �Q Y I1. � ¢ a a � a a E w � w w o Z � � � � } � > > a a a a w � x � , cn v� � � O O O O = a p a C9 C7 C7 C7 t7 z z � � � > Y ai ai u=i c=i� � � W X Z Z Z Z Z O O � � Z Q,' R J J J J Z lya R 2' a' � a' F- F O O Q Q Q Q c � w w w w w Q Q W W W W g � F- U U U U W Z � w w w w w � � � � v U Q Q � � � � w E Q a z z z z z � � � � Z Z � � � �- E- � � Z � C9 C9 C7 C7 (.9 O O cn cn ¢ ¢ O O D U U U Z Z W Q Q J � J � Z � � O O O Z Z Z Z Z � LL � � Z 2 Q S O ❑ � W W W W W U U LL LL S J J W W W W W U Z Q � � � � PC Z O °'� w w w w w w w w w w w w w w w � H F- H- I- H H H H F I- H F- H H F- J J �- a Q ¢ a a a a a a a a ¢ a a a J a � � � � � � � � � � � � � � � z z o � O O O O O O O O O O O O O O O Y O O N 4 ; a a a a a a a a a a a a a a a � � � � � � � � � � � � � � � o a a � w � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U U U U U U U U U U U U U U U m � � U U U U � w °'� Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y w W W Z Z Z Z a ,'� x ` 2 Z Z Z Z Z Z Z 2 Z Z Z Z Z Z � Z Z O O O O � � O Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q ' m m m m m m m m m m m m m m m m U U U U W d o c cn rn u� cn u� rn cn v� v� cn u� rn cn rn cn Q 3 � °w °w °w °w } � � > > > > > > > > > > > > > > > -6`�- > > � 3 3 3 x a � � C� M O t+'� O� l� 00 � 00 � � t0 O �-- � O� �,j c'"� �" vM'i � � ~ N 0 O O ! ^ N O O a0 M 7 � • � � O �--� i 00 l� N 00 T ^ M [� O O� vi �n oo O O M O O� c�1 M (� 00 00 O � 00 00 00 00 00 O Q� N N N N N N M �n � �Y �t � � � V �n v� vi v'� v'� �n v� �n M M c'�) M c+1 M M M > > > > � � > > F'r � t"+ C C C Q G .-. r-. ... i--� r-+ �-. r-i .-� � � � � � � �. � U U � �. 'o ' o`, � �n � � vv � v 0 0 0 0 0 0 0 0 � � � � � � � � � � � � � � � �--� N 00 00 00 00 00 00 O O N N N N N N O O O O O O O O N ^ •-- •-- •--� r. .-. � O H � O 4 � UUUUUU c� E- F- F E- E-� F W � � � � � � � � � � � � � � y � V] Cn C/] V] V] C/] x � Q �y � Q Q Q W �!^c�.. R W C V Q � � � 'i. 0. � Ci Ci C7 C.7 C7 C7 o, z , � , ` �, ° x � � wxx W C.rUUUUJ E � ¢ zzzzzz Q � xxr� r.� � � � U � a., �- >- >- >- >- �- � � � > > > > > > � y c� a �1C � G �l � X � � � zzzzzz w a � � c0000 ; � ° � ¢ ¢ aQ ¢ ¢ ¢ °' aaQOOOQo � .� � � � � � e �- �- �- �- �- �- �- � � a � ..� .� � �..� .aa a a a. a a. a o. a c. � c� aa. a. a. an. aa 0 � a � � � � � � � � � � � � � � � ' Q Q Q Q Q Q Q Q -c CaC� GaAAQAC� �i� Q Q Q Q Q Q Q Q > > > > > > , � � � zzzzz �ZZz ¢ � a F t� � aa a � � c� viQ � F EW-� EW-� EW-� EW-� F EW-+ EW-� ¢ W � W W W W W N W W aIW � 33333 �333 -61- O H General Manager Richard H.5olbrig � • 1950 • w 8y_ w ! .� � w � Directore �� j � � � 1 ChriS Cefalu 1r/ L/� \./ JameS R.JoneS •� �~ I U V l�� U�t�� D��1 I V� Randy Vogelgesang Kelly 5heehan Eric 5chafer 12'75 Meadow Cr�eSt Drive•5outh take Tahoe•GA 96150-7401 f'horre 530 544-6474•Fax 530 541-OG14•www.stpud.u5 BOARD AGENDA ITEM 1 3a TO: Board of Directors FROM: Tim Bledsoe, Customer Service Manager MEETING DATE: February 7, 2013 ITEM- PROJECT NAME: Conference with Legal Counsel - Existing �itigation REQUESTED BOARD ACTION: Direct legal counsel. DISCUSSION: Pursuant to Section 54956.9(a) of the California Government code, Closed Session may be held for conference with legal counsel regarding existing litigation: EI Dorado County Superior Court Case SC20120227 GRCLT Condominium vs. South Tahoe Public Utility District. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer GENERAL MANAGER: YES '/� NO '� CHIEF FINANCIAL OFFICER: YES NO i � -63- General Manager Richard H.Solbrig � • 1�• � Director5 � � Chrie Cefalu ou �t�l a � �� Jamey R.Jones �_ �� (� D��'�� Randy Vogelgesang `/ Kelly 5heehan J Eric 5chafer 1275 Meadow Crest Drive•Sauth Lake Tahoe•CA 96150-7401 Phone 530 544-6474•Fax 530 541-06i4•www.stpud.us BOARD AGENDA ITEM 1 3b TO: Board of Directors FROM: Paul Sciuto, Assistant General Manager/Engineer MEETING DATE: February 7, 2013 ITEM-PROJECT NAME: Conference with Legal Counsel- Existing Litigation REQUESTED BOARD ACTION: Direct staff. DISCUSSION: Pursuant to Section 54956.9(a) of the California Government code, Closed Session may be held for conference with legal counsel regarding existing litigation: False Claims Act Case: United States, the States of California, Delaware, Florida, Nevada, and Tennessee and the Commonwealths of Massachusetts and Virginia ex rel. John Hendrix v. J-M Manufacturing Company, Inc. and Formosa Plastics Corporation, U.S.A., Civil Action No. ED CV06-0055-GW, United States District Court for the Central District of California. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES � NO CHIEF FINANCIAL OFFICER: YES - 5N0 General Manager Richard H.5olbrig Director5 � s 19S0 • � h h ChriS Cefalu 0 r � V /� O P James R.Jones �/� ��l `�� Randy Vogelge5ang � I�ublic Utility DiStrict KellySheehan Eric 5chafer 1275 Meadow Cr�t Drive•South Lake Tahoe•CA 96150-7401 Phone 530 544-6474•Fax 530 541-0614•WWW.5��.U5 BOARD AGENDA ITEM 1 3c TO: Board of Directors FROM: Paul Sciuto, Assistant General Manager/Engineer MEETING DATE: February 7, 2013 ITEM-PROJECT NAME: Conference with Legal Counsel - Existing Litigation REQUESTED BOARD ACTION: Direct Staff. DISCUSSION: Pursuant to Section 54956.9(a) of the California Government Code, Closed Session may be held for conference with legal counsel regarding existing litigation: Los Angeles County Superior Courf, Case No. BC459943, State of Nevada, et al. v. J-M Manufacturing, et al. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES � NO CHIEF FINANCIAL OFFICER: YES NO I -67- � General Manager Richard H.5olbrig � • 1�50 • �+ Director5 "�Ir � �� ChriS Cefalu Jamey R.JoneS �y Randy Vogelgesang �M pu b I i c U ti I ity D�5tri ct Kelly Sheehan Eric 5chafer 1275 Meadow Crest Drive•South Lake Tahoe•CA 96150-7401 f'Ihone 530 5�44-64-74•Fax 530 541-0614•www.stpud.u5 BOARD AGENDA ITEM 13d TO: Board of Directors FROM: Nancy Hussmann, Human Resources Director MEETING DATE: February 7, 2013 ITEM- PROJECT NAME: Public Employee Evaluation -General Manager REQUESTED BOARD ACTION: Begin Evaluation Process DISCUSSION: Pursuant to Section 54957 of the California Government Code, Closed Session may be held regarding public employee evaluation for unrepresented employee position. Unrepresented Employee Position: General Manager SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: General GENERAL MANAGER: YES �/� ' NO �� CHIEF FINANCIAL OFFICER: YES NO i -69-