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AP 02-21-13 ^�,"!�' . +'�" ����-�„����,��� �` � ...�,. W .�„,�„� �._ c �"���d��" • 9 9��X . ^tit�l�"� � �'� SOUTH TAHOE PUBLIC UTILITY DISTRICT REGULAR BOARD MEETING AGENDA Thursday, February 21, 2013 Z:OO P.M. District Board Room 1275 Meadow Crest Drive, South Lake Tahoe, California �r�h�����N�Zr% W t;��r��r�ll �4�ae�� �� '���rl ��n�t�� Assi���n1 4:���a�re�P d�h��� �� Eric W.Schafer, President BOARD MEMBERS James 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 opporfunity 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. PRESENTATION a. Report on the 2012 Fiscal Year Financial Statement Audit (Brian Wallace, Grant Thornton) 7. ITEMS FOR BOARD ACTION RE UESTED BOARD ACTION a. Request to Appear Before the Board Consider Customer's Request to Received from Frank and Delma Carson Transfer Sewer Capacity Units to Concerning Transfer of Sewer Units Another Parcel, and Direct Staff (Paul Hughes, Chief Financial Officer) Accordingly REGULAR BOARD MEETING AGENDA- FEBRUARY 21, 2013 PAGE-2 b� Postponement of Scheduled Capacity Approve Three Ordinances: Charge Increases and Standardization of Domestic Water Capacity Charges (1) Ordinance 547-13, Regarding (Paul Hughes, Chief Financial Officer) Scheduled Increases in Water Capacity Charges and Amending Administrative Code Section 3.1 .49�e) and Superseding Ordinance 541-12 in its Entirety (2) Ordinance 548-13, Setting Sewer Capacity Charges and Amending Administrative Code Section 4.5.7 and Superseding Ordinance 542-12 in its Entirety (3) Ordinance 549-13, Regarding Water Capacity Charges for Domestic Water Service and Amending Administrative Code Section 3.1.24(a) c. Payment of Claims Approve Payment in the Amount of $1,249,417.61 . �an�elts�d �r�.�in����r�a�uc�c nf �I Ic��m r 1�_L— � +!Y I�PCPlYI'(` �� �u i i i i i i�.i i�rn�i a�iTe i��w+�i{'��TT�J��T�t��n.S L«B�l��}S 8 r}� �i�Q.+��h� 9. STANDING COMMITfEE REPORTS (Discussions may take place; however, no action will be taken) a. Finance Committee Meetings of 02/14/13 and 02/21/13 (Schafer/ Sheehan) 10. BOARD MEMBER REPORTS (Discussions may take place; however, no action will be taken.) 11. EL DORADO COUNTY WATER AGENCY PURVEYOR REPORT 12. GENERAL MANAGER REPORT S (Discussions may take place; however, no action will be taken.) a. Outreach Presentation to EI Dorado County Board of Supervisors 13. STAFF /ATTORNEY REPORT(S) (Discussions may take place; however, no action will be taken.) a. 2013 Water Fund Borrowing (Paul Hughes) 14. NOTICE OF PAST AND FUTURE MEETINGS / EVENTS Past Meetings / Events 02/12/13-Outreach Presentation to EI Dorado County Board of Supervisors 02/13/13- EI Dorado County Water Agency Board Meeting 02/14/13- Finance Committee Meeting 02/21/13- Finance Committee Meeting REGULAR BOARD MEETING AGENDA- FEBRUARY 21, 2013 PAGE-3 Future Meetings / Events 02/23/13-02/27/13-CASA �Ca. Association of Sanitation Agencies) Washington D.C. 02/23/13-02/28/13-ACWA (Association of Ca. Water Agencies) Washington D.C. 02/27/13-6:00 p.m. - Water Conservation Workshop at District 03/04/13-3:30 p.m. - Water and Wastewater Operations Committee Meeting at District 03/05/13-9:00 a.m. -ACWA Legislative Symposium in Sacramento 03/06/13-2:00 p.m. - Board Budget Workshop at District 03/07/13-2:00 p.m. -STPUD Regular Board Meeting at District 03/13/13-8:00 a.m. - ECC (Employee Communication s Committee) Meeting at District (President Schafer is Board representative) 15. CLOSED SESSION (The Board will adjourn to Closed Session to discuss items identified below. Closed Session is not open to the public; however, an opportunity 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 Existing Litigation re: EI Dorado County Superior Court Case SC20120227 GRCLT Condominium vs. South Tahoe Public Utility District b. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel 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 States District Court for the Central District of California c. Pursuant to Government Code Section 54956.9(a)/Conference with Legal 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 Unrepresented Employee Position: General Manager 16. ACTION / REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION 17. ADJOURNMENT (To the next regular meeting, March 7, 2013, at 2:00 p.m.) REGULAR BOARD MEETING AGENDA- FEBRUARY 21, 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 after 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 effort will be made to accommodate parficipation of the disabled in all of the District's public 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. � � � �� � � � �� � �� � � ��µ� ��:-� ; ,� �"�r���`"�,� �'�a��ra • �+�"�� ���� i ��� CONSENT CALENDAR FEBRUARY 21, 2013 ITEMS RE UESTED ,�A�TIfJN a. Meter Installation Responsibility Enact Ordinance No. 550-13 (Tim Bledsoe, Manager of Customer Service) Amending Administrative Code Section 3.2.5 Regarding District Meter Installation Responsibility b, Comprehensive Facility-Wide Erosion Control Extend Northwest Hydraulic Project Consultants, Inc. Contract for (Julie Ryan,Senior Engineer) Consulting Services, in the Amount of $7,210 c. 2012 Water Tank Recoating Project (1) Approve the Project Closeout (John Thiel, Principal Engineer) Agreement and Release of Claims for Crosno Construction, Inc.; and (2) Authorize Staff to File a Notice of Completion with the EI Dorado County Clerk d. Standardize Heavy Equipment Purchases to Authorize Sole-Brand of Caterpillar Caterpillar and Case Equipment and Case Equipment for Future (Randy Curtis, Manager of Field Operations) Purchases of Heavy Equipment e. Headworks Replacement Phase 2 Project Approve Change Order No. 9 to (Julie Ryan,Senior Engineer) GSE Construction Company, Inc., in the Amount of $16,458.02 f. Regular Board Meeting Minutes: Approve Minutes January 3, 2013 (Kathy Sharp, Clerk of the Board) g. Regular Board Meeting Minutes: Approve Minutes January 17, 2013 (Kathy Sharp) h. Regular Board Meeting Minutes: Approve Minutes February 7, 2013 (Kathy Sharp) 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 6eneral Manager Richard H.5olbrig -^"'""• � a �"°'�^�...„w, Directors �`"^���° O � I� � n Q Chrie Cefalu �,/� v v James R.Jones ���� Randy Vogelgeeang I'ubli� U�Gility C�iStrict KellySheehan Eric Schafer 1275 Meadow Crest Drive•Sauth Lake Tahoe•CA 96150-7401 f'Ntone 530 544-6474•Fax 530 541-0614•WV4W.5�.U5 BOARD AGENDA ITEM 4.a TO: Board of Directors FROM: Tim Bledsoe, Manager of Customer Service MEETING DATE: February 21, 2013 ITEM- PROJECT NAME: Meter Installation Responsibility REQUESTED BOARD ACTION: Enact Ordinance No. 550-13 amending Administrative Code Section 3.2.5 Regarding District Meter Installation Responsibility. DISCUSSION: This topic was brought to the February 7, 2013, Board Meeting for discussion. The Board directed staff to amend Section 3.2.5 as follows: 3.2.5 District Meter Responsibility-The District shall maintain, repair and replace all water meters, risers, boxes and appurtenances. Such duty as described in this Section ends at -#�ie-r�e#er T�i1��,4eter Flange located on the oUtlet side of the meter box or meter pit, depending on the meter type. Notwithstanding the foregoing, properfy owners whose properties receive water service through a meter that is two inches or greater in size shall be responsible for the maintenance, repair and replacement of all water meters, risers, boxes and appurtenances to their water service connection for one calendar year from the time the properfy is connected to the District's water service. The property owner's maintenance, in good repair, of such meter parfs shall be subject to the provisions of Section 6.5 of the District's Administrative Code. As to property owners whose properties receive water service through a meter that is less than two inches in size, such a meter shall be installed, maintained, repaired and replaced only by the District. All properfy owners shall install, maintain, repair and replace, as necessary, the water service downstream from the outlet of the meter box. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATfACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: Y�S� � NO CHIEF FINANCIAL OFFICER: Y�S NO =1= ORDINANCE NO. 550-13 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT AMENDING ADMINISTRATIVE CODE SECTION 3.2.5 REGARDING DISTRICT METER INSTALLATION RESPONSIBILITY 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 responsibility for installation of water meters and meter pits provided by the District. SECTION II - DEFINITIONS 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, Section 3.1.12(a) provides that 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 a meter of two inches or greater in size, the customer supplies the meter, through its purchase from a District-approved supplier. 2. The DistricYs Administrative Code further provides that all water metering devices are the property of the District, and further 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 DistricYs water system. 3. For meters less than two inches in size, the Administrative Code allocates the responsibility for the maintenance, repair and replacement of water meters, risers, boxes and appurtenance to the District. There are no provisions in place for the customer to be responsible for the costs of repairs on these smaller meters. This is contrasted with the Administrative Code's allocation _�- of responsibility for maintenance, reappear and replacement of water meters, risers, boxes and appurtenances to their water service connection for one year to property owners whose properties receive water service through a meter that is two inches or greater in size. 4. In recent years, the District has had to repair improperly installed meters of less than two inches in size, which were provided to customers for installation by the customer's contractor, at cost to the District. 5. For customers who will receive water service through a meter that is less than two inches in size, the proposed amendment to the Administrative Code will require installation of the meter and meter pit by District staff. 6. The Board has determined that it is in the best interest of the DistricYs customers to adopt an ordinance amending certain provisions of the Administrative Code regarding responsibility for installation of ineters less than two inches in size. SECTION IV—AMEND SECTION 3.2.5 OF THE ADMINISTRATIVE CODE Administrative Code Section 3.25 is to be amended as follows: 3.2.5 District Meter Responsibilitv. The District shall maintain, repair and replace all water meters, risers, boxes and appurtenances. Such duty as described in this Section ends at the meter Tail or Meter Flange located on the outlet side of the meter box or meter pit, depending on the meter type. Notwithstanding the foregoing, property owners whose properties receive water service through a meter that is two inches or greater in size shall be responsible for the maintenance, repair and replacement of all water meters, risers, boxes and appurtenances to their water service connection for one calendar year from the time the property is connected to the DistricYs water service. The property owner's maintenance, in good repair, of such meter parts shall be subject to the provisions of Section 6.5 of the District's Administrative Code. As to property owners whose properties receive water service through a meter that is less than two inches in size, such a meter shall be installed, maintained, repaired and replaced only by the District. All property owners shall install, maintain, repair and replace, as necessary, the water service downstream from the outlet of the meter box. 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. __ ... _ __ _� S��TION �/I—EFFECTIVE dATE This Ordinance amending the above referenced section to the Administrative Code shall take�;ffect thirky days after its pass�g�. Py4SSED AN6 A�QOPTED by t�he f�o�rd of Dire��ors of th� South Tat�oe Public Utifity District at i1s duly held regular meeting on tF�e 21st day of February, 2013, by the following vote: �#��a: ����y A���6��°:. ��°�� �ch��f��, �'r��i��rr� South T�hoe Public Utility District �w����„ ����r��h�r�, �Ie�� ��t�� ���rd ��� General Manager Richard H.5olbrig • °�� • �,�,, ^�:„; Dlrectors �"`"°*���,"�+" ChriS Cefalu O l,/� � �e JameS R.Jones � Randy Vogelga5ang � � I�ublic Utility Di�tric� KellySheehan Erlc Schafer _. i 1275 Meadow�t Drive•South lake Tahoe•CA 9615D-7401 f'hane 530 54�4-6474•Fax 530 54i-0614•www.s�.,d.u5 BOARD AGENDA ITEM 4.b TO: Board of Directors FROM: Julie Ryan, Senior Engineer MEETING DATE: February 21, 2013 ITEM- PROJECT NAME: Comprehensive Facility-Wide Erosion Control Project REQUESTED BOARD ACTION: Extend Northwest Hydraulic Consultants, Inc. (NHC) contract for consulting services in the amount of$7,210 DISCUSSION: Since 2007, NHC has been supporting the District in its grant-funded projects to plan and install erosion controls and SEZ restoration at District facilities. NHC has completed the scope of work requested by the District for the amount authorized to date ($444,423.04). However, Staff has not spent as much time on this project as was originally budgeted, so there are unspent grant funds available for District use. As the grant deadline approaches, Staff has identified a few remaining tasks that would help the District carry the project forward, which were not included in the original scope: Engineer's estimates for construction, final reporting for the grant, and permitting support. All of these tasks are grant eligible, and given the shorf time and reduced staffing in Engineering, Staff has requested that NHC prepare a proposal for District consideration to perform these tasks. NHC proposes to perform the additional work on a Time and Materials Basis not to exceed $7,210, as detailed in the attached scope of work. The additional work will be performed under Amendment D to Task Order 1 with NHC. Staff recommends that the Board approve NHC's proposal and extend the Task Order amount by $7,210. SCHEDULE: March 2013 to June 2013 COSTS: $7,210 ACCOUNT NO: 1029-8737/CTCBMP; 2029-8745/CTCBMP BUDGETED AMOUNT REMAINING: $218,205; $207,163 ATiACHMENTS: Amendment D, Scope of Work and Budget CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: Y��S, � ��! NO __ --�HIEE-��NANGIAL OFFICER: Y�� NO =7r Amendment D to Task Order 1 Comprehensive Facility-Wide Erosion Control Project Northwest Hydraulic Consultants February 5, 2013 Northwest Hydraulic Consultants (NHC) has provided engineering design,permitting, and construction support services to the South Tahoe Public Utility District(District) for the Comprehensive Facility Wide Erosion Control Project(Project). Key Project accomplishments have included: 1) construction of improvements associated with the Cold Creek Filter Plant and Ralph Tank BMP and Stream Zone Restoration Project; and 2) development of BMP retrofit construction plans for a number of District facilities, which have been completed to a 90°/a design level. Amendment D augments the scope of work in the agreement between the District and NHC (31 July 2007) adding activities that use existing planning grants provided to the District by the California Tahoe Conservancy(CTC). A list of tasks associated with the Project is included in Table 1. Table 1. Tasks in Sco e of Work Task Descri tion 1 Project Planning and Design 1.1 Existing Conditions Analysis 1.2 Data Collection 1.3 Formulating and Evaluating Alternatives 1.4 Design and Construction Doc�ne�ts 1.5 Grant Support 2 Environmental Compliance and Permitting Support 2.1 BEBA Documentation . _�.....�.�...._ _..._..�.. _....��:�— +��1� ���������t���fl�r�t ������ti����.��..�.....�....�.�,�..---_ ... . 2.3 Ralph Tank Permitting 3 SEZ Restoration Planning 3.1 Cold Creek SEZ 3.2 Iroquois Pond 4 Cold Creek Filter Plant SEZ Restoration Project 4.1 Final Construction Documents 4.2 Construction Support 5 Ralph Tank SEZ Restoration Project 5.1 Final Construction Documents 5.2 Construction Support _.��e. ,. .n...,, ___� ...m�.w. . .____ a� . . . �.�, �.... �--- � . e .� �... ..... �rra�n�i����a1.� , , � �"�rra r���r��,i�r���"��lC���-i��i�'�.,.M. February 5, 2013 _9_ Erosion Control Project Activities being added to the scope of work are described below. For a complete description of the activities originally included under each task(Table 1), refer to the original scope of work (31 August 2007), Amendment A(O1 August 2008), Amendment B (16 September 2010), and Amendment C (15 March 2012). TASK 1.4—DESIGN AND CONSTRUCTION DOCUMENTS NHC will update previous (2009)unit quantity estimates of construction costs for BMPs to reflect 2013 costs.NHC will use the unit quantity cost estimates and quantities taken from the 90% construction plans to develop an engineer's estimate of BMP retrofit construction costs for the following District facilities: Apache Booster Station; Black Bart Booster Station; Cold Creek Barn; Cold Creek Tank And Booster Station; Country Club Well; H Street Tank And Booster Station; Heavenly Tank; Helen Well; Iroquois Tanks; Martin Avenue Well; Mountain View Well; and Upper Truckee Pump Station. Additional Task Deliverables: Updated engineer estimates of construction costs for each facility showing bit item,unit cost estimate, quantity, and bid item cost estimate. Task Bud eg t Auginentation: $2,960 TASK 1.4—GRANT SUPPORT NHC will provide up to 6 professional hours to support the District with preparation of the final grant report for delivery to the CTC. Additional Task Deliverables: Draft and final sections of the CTC grant report. Task Bud et�Augtnentation: $910 . _,,m.�,._.�._._ ___ ._ ....��..... ..�___—,w�. _ _.___,..,_. �_p�_ ..�... TASK 2—ENVIRONMENTAL COMPLIANCE AND PERMITTING SUPPORT NHC will provide up to 24 professional hours to support the District in the following capacities: • 8 professional hours to meet with TRPA staff to review the 90% construction plans and discuss environmental permitting needs for each District facility included in the Project. NHC will develop and provide the District with a checklist of environmental permitting requirements for each facility. • 16 professional hours to support the District with obtainment of required permits from TRPA. Additional Task Deliverables: Checklist of environmental permitting requirements Task Budget Aupinentation: $3,340 �.M .r. .. .__... � _. _M.....�.w... .w ... � � �...e.. �. . __ _ ��mendment�1��....�m�. ._ �'_ �omp ,. . . . re ensive ���� z��-Wide February S, 2013 _� Erosion Control Project S�HEDULE AND COSTS The District has previously authorized NHC consultant services for the Project totaling $444,423.0�through Task Qrder 1 (31 August 2007)and Amendments A, B, and C to Task Order 1. Amendment D increases the authorized budget by$7,210 to a Project total of $451,633.04. All tasks will be completed no later than May 31, 2013. � ...,,. e _ -- . - � �������a������m _.w�. . .. _� � � __ . . �. n..m . mn_ro . ��`��pa������a�� �°��t ��„�,�"���: Felzruary S, ZOi3 ���°�ar���a ��r���r�l������:� ���� General Manager �iehard H.5olbrig +r "��� +� cm�m�,� � f .� ^ ^ � Director5 i 1 � V Chris Cefalu ��� JameS R.JoneS .""'�""'"`.�.'"' � r i � � � Randy Vogelge5ang public Ut�li�y DiStr�c� KellySheehan Eric 5chafer t275 Meadow Cre�t Drive•South lake 1'ahoe•CA 96150-7401 Phone 53�544-6474•Fax 530 541-0614•www.stpud.u5 BOARD AGENDA ITEM 4.c TO: Board of Directors FROM; John Thiel, Principal Engineer MEETING DATE: February 21, 2013 ITEM- PROJECT NAME: 2012 Water Tank Recoating Project REQU ent and Release of Claims for Crosno Construction, Inc.; and (2) Authorize staff to file a Notice of Completion with the EI Dorado County Clerk. DISCUSSION: Staff has performed a final inspection of the project and has found that Crosno Construction, Inc. has met ail contract requirements. Staff recommends approval of the project Closeout Agreement and Release of Claims and the filing of a Notice of Completion with the EI Dorado County Clerk. No stop notices have been received for this project. SCHEDULE: Upon Board approval. COSTS: $0.00 ACCOUNT NO: 2029-8261 BUDGETED AMOUNT REMqINING: <$9,145 > AITACHMENTS: Closeout Agreement and Release of Claims; Notice of Completion. CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: ��5, /�� �� „TW,� NO CHIEF FINANCIAL OFFICER: Y�'S NO _��_ CLOSEOUT AGREEMENT AND RELEASE OF CLAIMS THIS AGREEMENT AND RELEASE OF CLAIMS is made in South Lake Tahoe, California, this day of February 2013, by and between South Tahoe Public Utility DISTRICT, hereinafter referred to as "DISTRICT", and Crosno Construction, 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 Three Hundred Forty-One Thousand Five Hundred Dollars ($341,500.00), contract amount, and the sum of Seventy-Six Thousand Six Hundred Fifty-Six Dollars and Sixty-One Cents ($76,656.61) for said Contract Change Orders Nos. 1 through 3, receipt of which is hereby acknowledged, has submitted waivers from all subcontractors and suppliers in the form requined 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, officers, agents, servants, and employees, from any and all rights, claims, demands, debts, obligations, liabilities, actions, damages, costs, expenses and other claims whatsoever, which might have been 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 18, 2012 for Purchase Order No. P25320 DISTRICT project described as the 2012 Water Tank Recoating Project. B. Change Orders Nos. 1 through 3 as approved by the parties, pertaining to Purchase Order No. P25320 and shown in Payment Request No. 8, dated February 21, 2013. 2. That the undersigned, as the authorized representative of DISTRICT, for and in consideration of the CONTRACTOR's completion of-Purchase Order No. P25320 does hereby and for each of its successors, and assigns, releases, acquits and forever discharge Crosno Construction, 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 DISTRICT 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 18, 2012 for Purchase Order No. P25320 DISTRICT project described as the 2012 Water Tank Recoating Project. 2012 WATER TANK RECOATING PROJECT CLOSEOUT AGREEMENT _��= 1 B. Change Orders Nos. 1 through 3 and as approved by the parties, pertaining to Purchase Order No. P25320 and shown in Payment Request No. 8 dated February 21, 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. P25320. 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 $ 20,907.83 Original Contract amount $341,500.00 Total Change Order Amount $ 76,656.61 Less: Amount Previously Paid $397,248.78 (Request Nos. 1 through 8) Retainage $ 20,907.83 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 Contract Price $314,500.OQ Original Calendar Days 130 Total Adjusted Price $418,156.61 Total Adjusted Calendar Days 192 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: 2012 WATER TANK RECOATING PROJECT CLOSEOUT AGREEMENT �1� 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 #rom all claims, including those of its Subcontractors for all delay and impact costs, if any. 11. The CONTRACTOR represents and warrants to the DISTRICT that the CONTRACTOR has not heretofore assigned or tr.ansferred 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. .._._._. ..w.. ....__��.�. RICHARD SOLBRIG, GENERAL MANAGER rn �� � DATED ��...�_ .,�_.�...�..... _ ..........m._.�__.. �..�....._........�......,_�,� ATTEST: KATHY SHARP, CLERK OF BOARD DATED CROSNO CONSTRUCTION, INC. �� ..w�.. w.W�w�..� .�._...__..�_ ..�..____._ �_.�.���.a. WADE CROSNO, PRESIDENT DATED 2012 WATER TANK RECOATING PROJECT CLOSEOUT AGREEMENT _��= 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 SPAC�A[�'�C�"H'�5 LINE FOR I��CI�RCP��"5 USE APN: 36-630-19; 25-613-05; 3�-040-02 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 Tahce, 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 the undersigned as JOINT TENANTS or as TENANTS IN COMMON are: Name&Address Name&Address 6. The FULL 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 hereinaf�er described was COMPLETED on 12/20/2012. 8. The work of improvement completed is described as follows: 2012 Water Tank RecoatingProject. 9. The NAME OF THE ORIGINAL CONTRACTOR, if any,for such work of improvement is Crosno Construction, Inc. 10. The street address of said property is Various,See Exhibit A,attached. 11. The property on which said work of improvement was completed is in the City of County of EI Dorado, State of California, and is described as follows: As shown in Exhibit"A"attached hereto and made a part hereof,�q�x��tca�oly�o�OSV��1sX �A�: February 21, 2013 5...._.�. � ._._._._..._ ......_� � IGNATURE OF OWNEit-flR A�EN�F OF OWNER ERI C SCHAFER VERIFICATIONFORINDIVIDUALOWNER: �OA,RD PR��IDENT f01" SO.TAHOE PUD _��.. .�. ._..__. I,the undersigned, declare under penalty of perjury under the laws of the State of Califomia that 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 I,teFu dersignedRdec0lare u�nder penalty of perjury u de Utthe laws of the Sta e of C � � �mm �� .� CalifomiathatI D1�Se1"1Ct����������� of the afor�said 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. F.�.k��...�21.,_2_013_�.�Snuth I ak�..I�h.c��,.��.A..�...... ��_._�_....�.�mm��� .�..�.m DATE AND PLACE SIGNATURE OF PERSON SIGNING ON BEHALF OF OWNER ERIC SCHAFER, BOARD PRfSIDENT SOUTH TAHOE PUBLIC UTILITY DISTRICT -19- Notice of Completion EXHIBIT "A" Notice of Completion 2012 Water Tank Recoating Project The sites were construction/improvements occurred were all located in and/or near the City of South Lake Tahoe, in the County of EI Dorado. Street addresses (if they exist) and APN's for the properties are as follows: Christmas Vallev Tank (no street address) APN: 36-530-19/Snow Flake Drive Cold Creek Tank 2294 Cold Creek Trail South Lake Tahoe, CA APN: 25-613-05 Gardner Mountain No. 2 Tank Located on USFS property. District has Special Use Permit. APN: 32-040-02 Work performed: preparation and coating of three potable water tanks known as Christmas Valley Tank (201,000 gallons), Cold Creek Tank (480,000 gallons), and Gardner Mountain No. 2 Tank (213,000 gallons). The work identified as "preparation and coating" includes abrasive blasting and recoating of all three tank interior surFaces, washdown, collection and disposal of debris, sanding and overcoating of the exterior surface of these tanks, and other related work. /// /// .. �m .�...� /// Notice of Completion 2012 Water Tank Recoating Project EXHIBIT "A" _�_ General Manager Riehard H.Solbrig � � 'l� w � Director5 �"`'""'����"° � ) Chris Cefalu O VI a o e JameS R.JoneS Randy Vogelge5ang � �� fi u b l i c U ti I ity D i 5tri ct Kelly 5heehan Eric Schafer 1275 Meadow Grest Drtve•South lake Tahoe•CA 96150-7401 f'hane 530 54�4-6474•Fax 530 541-0614•WWW.StpE,IG�.US BOARD AGENDA ITEM 4.d TO: Board of Directors FROM: Randy Curtis, Manager of Field Operations MEETING DATE: February 21, 2013 ITEM- PROJECT NAME: Standardize Heavy Equipment Purchases to Caterpillar and Case Equipment REQUESTED BOARD ACTION: Authorize sole-brands of Caterpillar and Case Equipment for future purchases of heavy equipment. DISCUSSION: Standardization of Caterpillar equipment had been authorized by the Board in 2006 and has expired. Since that time, Case Equipment has adopted the scame type of joy stick controls and has become more competitive in the marketplace. Employees currently have operational familiarity on both Caterpillar and Case Equipment which supports safe operation. Maintenance staff already has factory training on both equipment lines, which will minimize start-up time and costs. Parts are interchangeable for various types of equipment for each of the manufacturers, and stocking parts can be limited to the two manufacturers. It is Staff's experience that parts are readily available and warranty service is �eliable for both Caterpillar and Case Equipment. Having two brands standardized will allow for competitive bids to be received. Staff will consider any changing conditions for future orders of equipment, and will set this Standardization authorization with an expiration of 5 years. The District's Purchasing Agent has reviewed this item. SCHEDULE: ASAP COSTS: None ACCOUNT NO: BUDGETED AMOUNT REMAINING: N/A AITACHMENTS: CONCURRENCE WITH REQUESTED ACTION: . CATEGORY: Water and Sewer GENERAL MANAGER: �"������� !�'� CHIEF FINANCIAL OFFICER: Y�� NO _��_ SOUTH TAHOE PUBLIC UTILITY DISTRICT Nofe: P/ease do not modify this original form which is located in the public drive. Eifher prinf it out or copy the form to a personal work file to use. Answer questions and utilize as much space as required. Sole Brand/Source Sole Justification/Approval Form EXPLANATION: Complete this form when specifications limit bidding to one brand name (whether or not the item can be purchased from more than one source). 1� The District follows legal requirements to obtain competition whenever possible. Competitive purchases are easy to justify in regards to price and also encourage suppliers to remain competitive in price and service. At times however, it ma�r be necessary or economically preferable to purchase products or services on a sole brand or sole source basis. Since sole brand/sole source purchasing is an exception to the normal procurement function, it must be objectively justified. Completion of this form should facilitate that process and provide a written record of the basis used in sole procurement decisions. 2. Criteria that may be considered in determining sole brand includes (but is not limited to),: unique features availability size limitations service & support reliability operational familiarity repair ease part interchangeability programming ease 3. The purchase of products or services often requires research of the market and District needs regardless if the purchase will result in a competitive solicitation later. The research is an internal process. Departments are requested to use discretion in their discussion with vendors so as not to compromise any competitive advantag� the buyer may have, regardless of the acceptance or rejection of the sole br�nd/source justification. Staff is also asked to anticipate future needs and research products/services prior to any -- substantial investment to avoid being committed�to-certain-products without recognizing and comparing all variables. Supplier Name:: Caterpillar and Case Heav E ui ment Street Address: n/a CitY� n/a State/ZIP: Contact, Phone: n/a General Description of Commodit or Service re uested to be Purchased and its function: Caferpil/ar and Case excavatin_q equipment, ie: Backhoes ���t���� tra�k ex�,��! ���'��.....e _ w ___.. _ .__. � _��_ INSTRUCTIONS: Please initial all entries below that apply to the proposed purchase. Attach additional information or support documentation if needed. More than one entry will apply to all sole source justifications. SOLE BRAND JUSTIFICATION ITEM INITIALS JUSTIFICATION 1 ` ��ai,��� �",���a,�l' ,�ra�r�r�a rcrd��t a����^vr���`��t�TrN�aae��k�+�,����,�r��a! ���+�s��`��P needs of this department or perform the necessarv intended function. � lf this item is initialed lease ex lain be/ow. �, .� .._..._..............�.��...__ Explanation (include the unique perFormance features of required functions and why they are necessary): See attachment What methods were utilized to find other sources - be specific (e.g. internet search engines, sourcing sites, other users,the competition): Utilized past experience wifh brands that were competitive but with shorf hisforical experience and service denendability. List the other vendors that were researched. Detail why their product/service was rejected. ,1�'1� ��rrr�t��,r. L���c��',���i��ai�i� �a�a�it��` ��r r�v��F+�� �i r�+��r��e��a � �c��x��f. �'i��6�ora ;��le t�a ��a�rr"�'e laac�l�,��d��rw�m��f�r ��;s a�t�����a�ad�cr �rt. 2 Product or service has been previously standardized (documentation attached). It is not . � � due for review, and it is not interchangeable with a similar producUservice from another manufacturer. —_ —, ......�...m _..�..... .....� �ca�ra�� ts; ��t+�r �`/��r��h��?I�+��r� �al�ibr��rd��fa��`iv+� ��r� w�anr�!�!d���c�t��d�l t��,��� �� ��ra� ��a���r �urr�r�t� +��"�r�����r� � cr� ����,r�v�f���h�v��rra �,�v��!�n ar��r���r�P���f��� ��a��r�l�'�r��#��rrr� local service prov�ders and renutation. _ ... ._._ 3 Staff wishes to add the product or service to the standardization list, If this item is initialed, describe in detail below� ' Explanation:� . � ���. . �..ti_���.�....�.. � See attachment: a.�. . _ � ... .__ _., m. ..w�.SOI�� �+f���.!������lrS�IF�I����l��l � ..� .. e.,e ,. . 4 n/a Purchase is to be made from the ori inal manufacturer or provider. 5 n/a Purchase must be made through the manufacturer-the manufacturer is the exclusive distributor. 6 n/a ' Purchase must be made through the only area distributor of the product or only authorized service rovider. 7 � None of the above 6 items apply A detailed justification for this sole source p�r��t�_s�is =2'� ..�vided...below: _.._ .......... � ._�_ .._ ......... ���.�._ . ... ...�., . . Detailed Justification: Describe what you have done to ensure that the product brand or service costs recommended are reasonable: Detailed Justification: Describe what you have done to ensure that the product brand or service costs recommended are reasonable: Other explanation/justification: (e.g. history of previous like purchases) Suggested review date: (see standa�dization list for examples) On the basis of the above� I r , ecommend that competitive procurement be limited and that the product or service indicated be solicited on a sole branc�basis. On the basis of the above, I recommend that competitive procurement be waived and that the product or service indicated be purchased on a sole brand and sole source basis. I have made a diligent effort to review comparable products or services. I feel confident that the sole brand/sole source purchase is justified and feel confident in explaining the justification to the general public. I also understand that I may be required to provide a detailed cost analysis/estimate since price reasonableness may not be established through the competitive process. _��_ EMPLOYEE NAME 8� DEPARTMENT AUTHORIZED SIGNATURE DATE MANAGER NAME (if different I AUTHORIZED SIGNATURE DATE . V �� •. m �-����-3 � Based on the above statements and justification, I hereby agree with the purchase of this product or service on a sole brand/source basis. PURCHASING AGENT SIGNATURE DATE l,�l�,sC�� �a��W-. y � � Other approvals may be required up to and including Board of Director approval. �� Preferred Equipment List Standardizing Heavy Equipment Purchases Excavation Earth moving Machinery only "Standardize to Caterpillar and Case Brand Equipment" Criteria for preferred equipment standardization: • Use Policy/ Procedure Statement STPUD 1. Unique Features 2. Part Interchangeability 3. Repair Ease 4. Operational Familiarity 5. Equipment Training 6. Safety 7. Service and Localized Technical Support. (Reno, Sacramento) 8. Reliability 1). Unique Features: • Full dig pressure at idle speed, PTO constant speed. (Quieter operation) • Caterpillar and Case Backhoes and Loaders have the same unique Joy Stick controls for front bucket operation. 2). Parts Interchangeability: • We would onlyn�e�l�to stock Caterpillar and Case maintenance parts which are common to all their equipment; a). Air, Oil, and Fuel Filters. b). Hydraulic Filters. c). Specialty Fluids. (Hydraulic, Transmission, Gear oils) d). Engine parts. • Compatible with additional Cat equipment already owned by the District a). Snow blades. b). 4 in 1 Bucket c). Post Hole Auger =�9= 3). Repair Ease: • The District Equipment Repair crews are factory trained in the repair and maintenance of both Caterpillar and Case equipment. • It has been our experience that Caterpillar and Case warranty service exceeds the competitions. • Parts delivery has been substantially better than the competition. • Maintenance and Diagnostic Troubleshootin� between like equipment make service and repairs more consistent and easier to zero in on. 4). Operational Familiarity: • Currently have four pieces of Caterpillar equipment. • Three backhoes — one loader. • One skid steer. • Cunently have two Case Loaders. • Caterpillar and Case backhoes, loaders, excavators and skid steers have similar operator controls. 5). Equipment training: • Operator training and certification could be done on one piece of equipment, simplifying training across all departm�nts. • Controls are similar on all sizes and types of Caterpillar and Case equipment. • Cut training hours. ��. ,�� _._. ... .�..... 6). Safety: • Certification on backhoes, loaders, and skid steers is now required, training different departments on like pieces of equipment will save time and simplify operation. • Redundancy of controls will improve safety in operations • Quieter operation that allows for better communication between crewmembers. 8). Other: • The Districts experience with Caterpillar and Case service has always been very positive. • 24 hours response time for emergencies. • Respond with fully equipped service trucks to make infield repairs. _��_ General Manager I�ichard H.Solbrig ,� � �, Directors ��� O V�� VI o e ChriS Cefalu James�.JoneS Randy Vogelgesang � `� l�u b I�c U ti 1 ity D i 5tri ct Kelly 5heehan Eric 5chafer 1275 Meadow Cnest Drive•South Lake Tahoe•CA 96150-74�01 Phone 530 5�4-6474•Fax 530 541-0614•www.stpud.u5 BOARD AGENDA ITEM 4.e TO: Board of Directors FROM: Julie Ryan, Senior Engineer MEETING DATE: February 21, 2013 ITEM- PROJECT NAME: Headworks Replacement Phase 2 Project REQUESTED BOARD ACTION: Approve Change Order No. 9 to GSE Construction Company, Inc, in the amount $16,458.02. DISCUSSION: Change Order No. 9 addresses 5 balancing quantities, 13 work items that are beyond the scope of the contract, one change to the Contract Time, and one change to an intermediate deadline. 1) The earthwork and paving bid items of the Contract were bid on a cost per unit price basis. As such, the actual installed quantities for these 5 bid items varied somewhat from the quantities bid. The Change Order will adjust the contract quantities for these five items to reflect the installed quantities for a net savings to the District of <$5,924.09>. 2) During construction Staff noticed that insufficient detail had been provided for the structural connection between the columns and the basement slab. Staff provided additional instruction to the Contractor, after work had proceeded on these elements. The additional work to replace the structural connections was performed on a Lump Sum basis for the additional cost of$1,558.00. 3) After installation of the ship's ladder at the Headworks, it became apparent to Staff that the omission of a doweled handrail posed a safety concern. Staff directed the Contractor to add a handrail, which wcas not called for in the Construction Documents. The additional work to add the handrail was performed on a Time and Materials basis for an addition cost of�1,528.00. 4) After startup of the Headworks, the seal water panels at the grit pumps was experiencing water hammer. To allow Staff to continue to process water while troubleshooting the water hammer, Staff directed the Contractor to install instrument bypass piping and to replace the fluff water valves with a slow- actuating style. The additional work to modify the piping and replace the valves at four panels was performed on a Time and Materials basis for the additional cost of$7,399.00. _��_ Agenda Item 4.e Julie Ryan 02-21-13 5) It came to Staff's attention during construction that the stucco termination detail at the meter hatches was incomplete. Staff provided the Contractor with a more robust detail, the additional elements of which were added on a Time and Materials Basis for an qdditional cost of $1,274.00. 6) It was brought to Staff's attention during demolition that the site plans did not provide for continued access to the Elec#rical Room during demolition of the P8�E Building, even though the proximity of the old building would have made access by the permanent stairs hazardous at best. Staff directed the Contractor to construct a temporary access to the Electrical Room on a Time and Materials basis for an additional cost of�3,271.00. 7) During construction, the Contractor identified an error in the Construction Drawings with respect to grading at and around the Camel Dump. Staff and the Design Engineer, directed the Contractor to modify the Camel Dump to accommodate the surrounding installations. The additional work was performed on a Time and Materials Basis for an addition cost of $1,269.00. 8) During construction, Staff noticed that the approved mount for the davit crane at the Headworks floor sumps would pose a trip hazard. Staff directed the Contractor to installed an alternative, more costly, flush-mount receiver, that would minimize the hazard. The additional work to provide and install the flush- mount receiver was performed on a Time and Materials basis for an additional cost of$1,734.00. 9) On June 28, 2012, during the first weekly flushing of the AI Tahoe Pump Station after the new Headworks came on-line, the upwell channel overflowed. The Contractor aided District crews in responding to the emergency. The additional work was logged, and charged to the District under the terms of the Contract on a Time and Materials basis for the additional cost of$1,584.00 10) During construction, Staff noticed that the Construction Drawings failed to identify a hatch in the channel covers so that the raw water sampler could be retrieved for maintenance. Staff directed the Contractor to add a 15"x15" hatch with cover and handle in the channel cover. The additional work was performed on a Time and Materials basis for the addition cost of $351.00. 1 1) During installation of Parshall Flumes at the outlet channel, Staff noticed that the Contractor had misinterpreted the installation configuration given by directive, and had created a dead zone in the channel. To improve flow and reduce maintenqnce, Staff directed the Contractor to modify the installation on a Time and Materials basis for an additional cost of$719.00. 12)This fall, after the first freezing temperatures, Staff noticed that the pressure level sensor at the Backwash Tank had stopped giving accurate readings, because it had frozen. Staff directed the Contractor to add insulation to exposed tubing and the sensor. The additional work was performed on a Time and Materials basis for the additiondl cost of$1,141.00. 13) During construction, Staff noticed the very close proximity of the level sensor at the upwell to the adjacent P2E pipe discharge. To combat the potential for turbulence to affect level readings, Staff directed the Contractor to install a stilling well over the level sensor on a Time and Materials basis for the additional cost of$448.00. _�9= Agenda Item 4.e Julie Ryan 02-21-13 14) During construction, Staff noticed that the Construction Drawings failed to call for an isolation valve or a concrete thrust block at the new fire hydrant. The District provided the Contractor with a 6" gate valve from District supply, but the additional work to install the valve and the thrust block was performed on a Time and Materials basis for the additional cost of$107.00. 15)The Contract Time for the project is set to expire on February 22, 2013. Staff recommends that the Contract Time be extended by 10 days to account for the actual time beyond the original Contract Time that was required to modify the outlet structures at the Headworks. The new Contract Time will end on March 4, 2013. 16)The second Liquidated Damages Deadline for parfial completion of the Headworks Project is currently set at August 31, 2012. However, rebuilding the outlet structures at the Headworks has had a detrimental impact on GSE's ability to complete the work related to the second Liquidated Damages Deadline. As such, Staff proposes that the second Liquidated Damages Deadline be extended by 1 19 days to December 28, 2012. Headworks testing remains incomplete to date, as GSE continues to troubleshoot problem items. The District expects a request for further extension to this date, as the compound effect of delays are continuing to be assessed by Staff and the Contractor. Staff recommends that the Board approve Change Order #9 to the District's cor�er�� with GSE in the amount$16,458.02. With $397,022.98 in Change Orders approved previously, #his Change Order #9 brings the contract total to $8,434,341.29. The Engineer's Estimate for construction was $9,198,605.00. SCHEDULE: As soon as possible COSTS: $16,458.02 ACCOUNT NO: 1029-8033/HDWORK BUDGETED AMOUNT REMAINING: ATTACHMENTS: Change Order No.9 CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer GENERAL MANAGER: YES ��, NO CHIEF FINANCIAL OFFICER: Y�S NO _��_ ���� ���� CHANGE ORDER NUMBER 09 � Project: HEADWORKS REPLACEMENT PHASE II PROJECT �,.��. IT� , �����.��sa���`�� ��" Contractor: GSE Constructi+�n Com an Inc. ����' Date: Februarx 21, 2013 PO #: P23714 The Contract Shall Be Changed As Follows: A) Amend Bid Item 6 to reflect a 2,003 cy increase in the Contract quantity for Over Excavation and Off Haul of Unsuitable Soils for actual work perFormed. At the Contract rate of$22.10 per cubic yard, this increase in the Contract quantity results in a cost to the District in the amount $44,266.3 TOTAL FOR ITEM A IS $44,266.30 B) Amend Bid Item 7 to reflect a 732 cy increase in the Contract quantity for Over Excavation and Stockpiling of Suitable Soils for actual work performed. At the Contract rate of$13.60 per cubic yard, this increase in the Contract quantity results in a cost to the District in the amount $9,955.20. TOTAL FOR ITEM B IS $9,955.20 TOTALFORCHANGEORDERN0. 91SA + B + C + D + E + F + G + H + I + J + K+ L + M + N + O + P + Q + R + S = $16����.02 -F; � r ; �; x� r. �, �'� *as :r'��'�9�F'�°, J ii v „a ��wix�io � l,, J,�' a��°�'r q�^� /°�.r %� '�. �a, . � ,-��',,.,..a„ ., .,.���,�,.,'� �, ,.., I�.,a ;, �.9.,.��:!r��uG r��'��°�,��a�"�������C��aI�Ni��l.l�I������r r�� �� '���v�,�a✓�"�. �� ,,��,w�, ��: ��� Original Contract $8,020,860.29 622 Calendar Days Previous Change Order $397,022.98 , �09 Calendar Days Current Contract $8,417,883.ZT 731 Calendar Days THIS CHANGE ORDER $16,458.02 �o Calendar�ays New Contract Total $8,434,341.29 741 Calendar Days �Contractor agrees to make the herein�iescribed 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 _� �._ �. � �.._ _�_. .. ... �.. ...�.. . ._ ___— .�...� ... ,_�._......__..��.�.....�...._ . �._� �.. .............� . � �� -��_ Page 1 C) Amend Bid Item 8 to reflect a 2,254 cy decrease in the Contract quantity for Structural Fill (Import Soils) for actual work performed. At the Contract rate of$29.70 per cubic yard, this decrease in the Contract quantity results in a credit to the District in the amount <$66,943.80>. TOTAL FOR ITEM C IS <$66,943.80> D) Amend Bid Item 9 to reflect a 707 cy increase in the Contract quantity for Backfill and Compaction for Structures and Finish Grading for actual work pe�formed. At the Contract rate of$13.20 per cubic yard, this increase in the Contract quantity results in a cost to the District in the amount $9,335.40. TOTAL FOR ITEM D IS $9,335.40 E) Amend Bid Item 34 to reflect a 464 sf decrease in the Contract quantity for Pavement Restoration for actual work perFormed. At the Contract rate of$5.47 per square foot, this decrease in the Contract quantity results in a credit to the District in the amount <$2,538.08>. TOTAL FOR ITEM E IS <$2,538.08> F) Amend Bid Item 10, including all labor, equipment, materials and subcontractor costs necessary to modify structural columns as directed by the District in the Design Construction Memoranda #5, dated June 8, 2011. This item addresses in full the additional work authorized by the District for structural modifications at this location for an additional cost of $1,558.00, as detailed in Contract Change Request#36.1 and GSE's PC0041 dated July 12, 2012 (attached). TOTAL FOR 1TEM F IS $1,558.00 G) Amend Bid Item 10, including all labor, equipment, materials and subcontractor eosts necessary to add a handrail to the ships ladder as directed by the District in the Design Construction Memoranda #78, dated August 6, 2012. This item addresses in full the additional work authorized by the District for a handrail for an additional cost of$1,528.00, as detailed in Contract Change Request#39.2 and GSE's PC0102 dated February 1, 2013 (attached). TOTAL FOR ITEM G IS $1,528.00 H) Amend Bid Item 11, including all labor, equipment, materials and subcontractor costs necessary to install seal water bypass piping and new fluff water valves at the grit pumps as directed by the District in Design Construction Memoranda #82 and 82.1, dated August 17 and September 17, 2012, respectively. This item addresses in full the additional work authorized by the District for seal water bypass piping and fluff water valves for an additional cost of$7,399.00, as detailed in Contract Change Request #63 and GSE's PC0109 dated January 11, 2013 (attached), and as adjusted by the District in its Response#1 to the CCR (attached). TOTAL FOR ITEM H IS $7,399.00 I) Amend Bid Item 10, including all labor, equipment, materials and subcontractor costs necessary to modify the stucco termination details at the meter hatch openings as directed by the District in Design Construction Memorandum #97 dated October 9, 2012. This item _..._...�. ..w.�_.....� ._ ., w......�.e__..._ . .._...�.__... ....�.r_ .___� -.... .�_ m _�..__� _.._ .�_..._.... . ...�._. _�.._. ..., ._. ..,..�Page 2. � addresses in full the additional work authorized by the District for stucco termination at the meter hatches for an additional cost of$1,274.00, as detailed in Contract Change Request #65 and GSE's PC0120 dated January 11, 2013 (attached). TOTAL FOR ITEM I IS $1,274.00 J) Amend Bid Item 4, including all labor, equipment, materials and subcontractor costs necessary to provide temporary access to the Electrical Room during demolition as directed by the District in Design Construction Memorandum #75, dated August 1, 2012. This item addresses in full the additional work authorized by the District for temporary stairs for an additionaf cost of$3,271.00, as detailed in Contract Change Request#67 and GSE's PCO #101, dated January 16, 2013, and as adjusted by the District in its Response #1 to the CCR (attached). TOTAL FOR ITEM J IS $3,271.00 K) Amend Bid Item 31, including all labor, equipment, materials and subcontractor costs necessary to modify the Camel Dump as directed by the District in Design Construction Memoranda #84 and 84.1, both dated August 22, 2012. This item addresses in full the additional work authorized by the District for modifications to the Camel Dump for an additional cost of$1,269.00, as detailed in Contract Change Request#70 and GSE's PCO #104, dated January 16, 2013 (attached). TOTAL FOR ITEM K IS $1,269.00 L) Amend Bid Item 11, including all labor, equipment, materials and subcontractor costs necessary to modify the davit crane mount as directed by the District in Design Construction Memorandum #55, dated May 16, 2012. This item addresses in full the additional work authorized by the District for modifications to the davit crane mount for an additional cost of $1,734.00, as detailed in Contract Change Request #71 and GSE's PCO#090, dated January 16, 2013 (attached). TOTAL FOR ITEM L IS $1,734.00 M) Amend Bid Item 4, including all labor, equipment, materials and subcontractor costs necessary to respond to the overFlow emergency at the Headworks on June 28, 2012. This item addresses in full the additional work accounted by the District for Contractor response to this emergency for an additional cost of$1,584.00, as detailed in Contract Change Request#73 and GSE's PCO #094, dated January 16, 2013 (attached). TOTAL FOR ITEM M IS $1,584.00 N) Amend Bid Item 10, including all labor, equipment, materials and subcontractor costs necessary to install a hatch in the channel cover for access to the sampler as directed by the District in the Response to RFI 157, dated June 18, 2012. This item addresses in full the additional work authorized by the District for the hatch for an additional cost of$351.00, as detailed in Contract Change Request #74 and GSE's PCO #099, dated January 16, 2013 (attached). TOTAL FOR ITEM N IS $351.00 O) Amend Bid Item 10, including all labor, equipment, materials and subcontractor costs necessary to modify the outlet channel discharge based on verbal authorization by District Staff and Design Construction Memorandum #33, dated September 21, 2011. This item _��= Page 3 addresses in full the additional work authorized by the District to modify the outlet channel discharge for an additional cost of$719.00, as detailed in Contract Change Request#75 and GSE's PCO #028, dated January 16, 2013 (attached). TOTAL FOR ITEM O IS $719.00 P) Amend Bid Item 14, including all labor, equipment, materials and subcontractor costs necessary to add insulation at the pressure level sensor at the Backwash Tank as directed by the District in Design Construction Memorandum #74.1, dated November 9, 2012. This item addresses in full the additional work authorized by the District to add the insulation for an additional cost of$1,141.00, as detailed in Contract Change Request#76 and GSE's PCO #146, dated January 16, 2013 (attached). TOTAL FOR ITEM P IS $1,141.00 Q) Amend Bid Item 17, including all labor, equipment, materials and subcontractor costs necessary to add a stilling well at the upwell level sensor as directed by the District in Design Construction Memorandum #61, dated May 31, 2012. This item addresses in full the additional work authorized by the District to add the stilling well for an additional cost of $448.00, as detailed in Contract Change Request#80 and GSE's PCO #92, dated January 18, 2013 (attached). TOTAL FOR ITEM Q IS $448.00 R) Amend Bid Item 20, including all labor, equipment, materials and subcontractor costs necessary to add a gate valve and thrust block at the new fire hydrant as authorized verbally by District staff. This item addresses in full the additional work authorized by the District to add the valve and thrust block for an additional cost of$107.00, as detailed in Contract Change Request#84 and GSE's PCO #149, dated February 5, 2013 (attached). TOTAL FOR ITEM R IS $107.00 S) Change the Contract Time, identified in Section 007200, Part 2.04 of the Contract Specifications and modified by Change Order#6, from seven-hundred thirty-one (731) calendar days to seven-hundred forty-one (741) days, as described in detail in Design Construction Memo #98.2, dated February 13, 2013. The District reserves its right to collect liquidated damages for failure to complete the relevant portions of the Work by the deadline. No compensation is awarded due to the delay, and any additional costs for the work related to this item will be addressed separately. TOTAL FOR ITEM S IS $0.00 T) Change the second intermediate deadline for liquidated damages identified in Section 00 72 00, General Conditions, Part 2.04.A, from August 31, 2012, to December 28, 2012, to account for unavoidable delays in testing the Headworks due to rebuilding the outlet structures as described in Design Construction Memo #56.4, dated February 13, 2013. The District reserves its right to collect liquidated damages for failure to complete the relevant portions of the Work by the deadline. No compensation is awarded due to the delay, and any additional costs for the work related to this item will be addressed separately. This item does not address any impacts to Contract Time resulting from these changes in work. TOTAL FOR ITEM T IS $0.00 TOTALFORCHANGE ORDERN0. 91SA+ B + C + p + E + F + G + H + I + � + K + L + M + N + O + P + G� + R + S + T = $16,458.02 ..m.�_�a...��.�...� ,�..W�_...... ...�.� .. �._.. _. . w_,.n_... .._____-_��_.. . �. ._ ...� ._.� .._ _w ..�..�_..�m ..� .._. ..� Page 4 ��...���� ���� �,,�.,�"�C1 ��"�•� ` � ��,. .�...�...�,,;.. ;,�;�. """�.„,M�',r����"�" » 1 s s o •"�"a�'l�'���*"�,� .'.� , � �����..�1"1(.�..��'"�`�' SOUTH TAHOE PUBLIC UTILITY DISTRICT Richard�c�dk��°i , General Ma��a �r �"�4d1 Sciuto, Assistant General M�r��a �r Eric W. Schafer, President BOARD MEMBERS r;`; James R.Jones, Vice President y. Chris Cefalu, Director Ra�c�� V� �1 ����s�rr� �����r��f�i�< �+�p���Sheehan, Director REGULAR MEETING OF THE�BOARD OF DIRECTORS SOUTH TAHOE PUBLIC�UTILITY DISTRICT JANUARYr3, 2013 � MINUTES The Board of Directors of the So!�tt�Tc���� �t�ka��� �l��li� [�istr�ct �rnu��t in a regular session, January 3, 2013, 2:00 p.m., at the District ����i��, 1�r��t��a�� ���"�� d`v"k����aw Crest Drive, South Lake Tahoe, California � � BOARD OF DIRECTORS: ROLL CALL President Schafer, Directors Jones, �'����k��s+��w�,=��� �� Directors Sheehan and Cef.alu were �r���rrf. �1"�,F�=, ��rfk�r��, ���r�; 5�����a, Hr��r���, Eidcim, Cotulla, Attorney Kvistad ' �,�ct�c�n It�m �, ���h��N�l�d ���c��it�t��,�r�e Increases) was CORRECTIONS TO THE �°�m�r���9 �r�rr� ���,���r��a, It ���� �� �c�s�siclered at the AGENDA OR CONSENT F��Srt��r¢�r 7 ��a�r'd ���ti���nrh�r�;;� ��11 Board is convened. CALENDAR Nt��r�� Ja��s S���a�u� W'�r �� ���i� ��f�lu � Si����r��a � PP � ;� .� Absent / Passed to a ����� �`�����onsent Calendar as submitted: CONSENT CALENDAR a. Upper Truckee River Sewer Pipeline Protection Project- (1 ) Approved the Project Closeout Agreement and Release of Claims for Thomas Haen Company, Inc., and (2) Authorized staff to file a Notice of Completion with the EI Dorado County Clerk; b. Fallen Leaf Lake Sewer Upgrade Project- Authorized Task Order to Brown 8� Caldwell, in the amount of $70,504; _��_ REGULAR BOARD MEETING MINUTES-JANUARY 3, 2013 PAGE-2 c. Wastewater Treatment Plant Hydraulic and Process Modeling- CONSENT CALENDAR Authorized Task Order to Carollo Engineers in the amount of (continued) $21,200; d. Approved Regular Board Meeting Minutes: December 6, 2012. ITEMS FOR BOARD ACTION The District has been serving Tahoe Keys Properfy Owners (TKPOA) TRANSFER OF CUSTOMERS Mt. Tallac 3 subdivision (located at Colorado Courf and FROM TAHOE KEYS Montezuma Drive) through two 2" meters located on C�a����do PROPERTY OWNERS Ave. The District bills TKPOA, and TKPOA bills the �f��ct�� �9 ASSOCIATION customers since they are members of TKPOA. TKF��� is ia�terested MT. TALLAC 3 TO THE in transferring the customers to the District. The ben�f�t w���d be DISTRICT .�..,_ to the community in the form of improved fire flows in t���; neighborhood if the District were to remove the two me��r�<+���N connect directly to the TKPOA 6" waterline. The District's State Streets waterline replacemen# project, scheduled for summer 2013 runs adjacent to this neighborhood and it makes � sense to take over the customers and extend the waterline. Staff requested direction from the Bo,ard. After discussion, the Board mdica#ecI willingness, and directed staff to work in partnership with the TKPOA to transfer 19 customers to the District. TKPOA wo�ild be responsible for legaf costs to transfer the customers, and the District would responsible for the waterline construction and instplla#ion o��rneters. No Board action. h�'k�v�d Jcar��s ���c��c� Vc� �I ���rrr ���t��hc�n ��ac� ��f�R� PAYMENT OF CLAIMS Absent / Passed to approve payment in the amount of $1,272,859.72. 2013 Board Committee Assignments are as follows. STANDING COMMITfEE - Executive Committee (Schafer/Jones) REPORTS - Finance Committee (Schafer/Sheehan) - Water and Wastewater Operations Committee (Jones/Vogelgesang) Water and Wastewater Operations Committee: The committee met January 2. Minutes of the meeting are available upon request. Topics of discussion included: problems with the Headworks grit removal process, and permitting problems with the Army Corp of Engineers regarding the SWRCB (State Water Resources Control Board) funding for Diamond Valley irrigation improvements. =3��= REGULAR BOARD MEETING MINUTES-JANUARY 3, 2013 PAGE-3 Richard Solbriq reported on the California State Voters Act GENERAL MANAGER and efforfs by the Lake Tahoe Unified School District to conduct REPORT their Board elections geographically in even numbered years. These actions are in response to lawsuits filed targeting elected Boards who have significant minority voter blocks within their districts. They invited the District to participate, but it was the consensus of the Board and staff to decline since the risk this issue would impact the District is very low. Chief Financial Officer: Paul Hughes reported on the reduced STAFF REPORTS CaIPERS p�an rates for new employees. He also reporfed the Aspens project is moving forward and project representatives will come to a future Board meeting to request the fee deferral agree- ment and promissory note that the Board previously approved in July, 2012. 2:50 P.►v�. ADJOURNMENT TO CLOSED SESSION ACTION / REPORT ON ITEM DISCUSSED DURING CLOSED SESSION a. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel re: Existing litigation, EI Dorado County Superior Court Case SC20120227 GRCLT Condominuim vs. STPUD (filed 10/22/12) No reportable Board action. 3:05 P.nn. RECONVENED TO OPEN SESSION AND MEETING ADJOURNMENT u..m..... ._.�_. Eric W. Schafer, Board President South Tahoe Public Utility District ATTEST: Kathy Sharp, Clerk of the Board South Tahoe Public Utility District _��_ � a���,��"..�� �'"�,��.. '� �„�-,,� ��. � � ;�-:.. �, ���`�� • 19 5 0 ''"���'��'��,"''�'' �.. ^�",��►�,..�L.M�""�C�'� .-.�.-�' SOUTH TAHOE PUBLIC UTILITY DISTRICT Richard Solbri , General M�r�a ��` Paul Sciuto, Assistant General Ma��r�r �r Eric W.Schafer, President BOARD MEMBERS �fw�/( James R Jones Vice President ,�� a Chris Cefalu, Director Rand "�r� �I esan �.��r��`���� ���� Sheehan, Director , , _. ;', `'% REGULAR MEETING OF THE BOA�I� OF D�������"t���� ,,� SOUTH TAHOE PUBLiC:��UTILITY DISTRI��"'�'��� � .�< JANUARY 17, 2013 ` MINUTES The Board of Directors of the South Tt����� ��k��ic Utility Disfrict met in a regular session, January 17, 2013, 2:00 p.m., at the District �f����, Ir����a���.at 1275 Meadow Crest Drive, South Lake Tahoe, California. � ' ,, ;r , �t��,I�D �� �N�������: ��, ��� , ROLL CALL Vice President Jones, �ir�ctors Cefalu, Vo��!'���+�q�g, Sh���+�r�, Director Schafer was excused for Dis#rict busMn���`�'° � �� � STAFF: Solbrig, ���r����w�rfi�a'; �r���es, �r�wr�. ��at�all�� �y��',;�ledsoe, M �, Cullen, N�r��q�, Cocking, r�����n�� Kv�st+�id � � '� '��� «�a ������ '�� �� "����� � ��;���t�'�h����n ���������r ��r��!���1 CONSENT CALENDAR Passed to ap�r����t�e Con��r��`��a�lendcir as submitted: � f, ,`, a. Bureau of Re�lt�rrti���,c�,rr Wat����r�nt-Adopt Resolution No. 2920-13 approv��������,��f��iding for water meter . �. , � installation; �` ' ���� ` ;',,; b. 2012 Wildwood Waterline and Bal Bijou Waterline Replacement- Approved Change Order No. 6 to Thomas Haen Company, in the credit amount of <�3,684.60>; c. MXUs (Mobile Reading Units) and Water Meters- (1) Authorized exception to bidding procedures as outlined in the Purchasing Policy for a sole source purchase of standardized supplies; and (2) Authorized purchase of Sensus MXUs and meters from Western Nevada Supply; -41- REGULAR BOARD MEETING MINUTES-JANUARY 17, 2013 PAGE-2 d. Approved Regular Board Meeting Minutes: CONSENT GALENDAR December 20, 2012. (continued) ITEMS FOR BOARD ACTION Staff gave an update on the status of the project. This item adds HEADWORKS REPLACE- a time extension to the contract to February 22 to allow time to MENT PHASE 2 PROJECT perform additional modifications. Problems with the efficiency of the grit removal system are also being addressed. Moved Cefalu / Second Sheehan / Schafer Excused / Passed to approve Change Order No. 8 to GSE Construction Compdny> Inc., in the amount of $31,417. Moved Cefalu /Second Vogel eq sanq /Schafer Excused / Passed PAYMENT OF CLAIMS approve payment in the amount of $1,210,475;b6. Director Sheehan reported on her attendance afi the Empfoyee BOARD MEMBER REPORTS Communications Committee meeting. A Water Mefer:�!Vorkshop � will be held at the District on February 27; and every quarfer thereafter. Director Vogel__eq san_q reported on the problems facing the Redevelopment Oversight Committee. The agency may pursue a federal grant to he�p support all EL DORADO COUNTY of the purveyors, and have sent le##ers to them to determine WATER AGENCY REPORT their interest. Richard Sofbriq reported:'Outreach-fetters have been sent to GENERAL MANAGER local service�clubs for this yeqr; options�will be presented to REPORTS continue servfng TJ Ma�'s water needs;��nd a follow-up meeting will be �eguested with�tF�e Army Gorp of Engineers re: their response on'the Diamond Valley Ranch irrigation project. Manaqer of Customer Service: Tim Bledsoe gave an update STAFF REPORTS on the delinquent accounts collection efforts. The temporary collection person significantly reduced the number of delinquent accounts and collected approximately $1 M. The position has terminated and there is another$1 M still to collect. Delinquent accounts have been sent notices, and will be shut off if they are not settled. Another temporary employee may be hired at the end of the fiscal year to continue collection efforts. District Information Officer: Dennis Cocking reported Meta Research has completed the customer satisfaction survey, and will present results at the February 21 Board meeting. _��'- REGULAR BOARD MEETING MINUTES-JANUARY 17M 2013 PAGE-3 2:40- 2:50 P.►v�. ADJOURNED TO CLOSED SESSION AND RECONVENED TO OPEN SESSION ACTION / REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION a. Pursuant to Government Code Section 54956.9(b)/Conference with Legal Counsel re: existing litigation re: EI Dorado County Superior Court �c��� SC20120227 GRCLT Condominium vs. South Lake Tahoe Public Utility C�NS�r���'`������d 10/22/12) ,�r ,� �o�� No reportable Board action. ,;�F ` ���i�r ' ��,a�.� r �„ �,;, b. Pursuant to Section 54956.9(a) ��� ��� �t�l���arr��� ������r'���t��de, Closed Session was held for conference with legal ��u�s�N ��r��r'�IA�� existing litic������r�: False Claims Act Case: United States, the States of California, Delaware, Florid�; �+�vada, and Tennessee and the Commonwealths of Massachusetts and Virginia ex rel. J�a�i�i�:Hendrix v. J-M Manufacturing Company, Inc. and Formosa Plastics Carporation, U S.A:, Civil Action No. ED CVO6-0055-GW, United Stcrt�s���Ist���t Courf fior the Central District of�California. � � „� ��; No reportable Board action. c. Pursuant to Section 54956.9(a) of th����i��rr���r���?�'�rnment Code, Closed Session was held for conference v�rith legal court���������'m����!'��t���p�� litigation: Los Angeles County Superior Courf, Case No. BC459943, S���� �r�;;���v�d� ����+��. v. J-M Manufacturing, et al. No reportable Board action. y;, � 2:50 P.►v�. � �a���'� ' "`� � � � � ''� MEETING ADJOURNMENT , � . ,� � � � ., , �� �1 ,�,��, � ��A�, '��<• �„?,. �, ;'�s ,; `j �, , ;, �� ...... ........� � �' �E Eric W. Schafer, Board President '%��; South Tahoe Public Utility District ,�:; ;t„� ATTEST: Kathy Sharp, Clerk of the Board South Tahoe Public Utility District -43- ��...�.,�"�- ���, ,�� �+� �M.�,,...,. �� �� .�. � - ��„»-.. ""�,,.r �%`���"��` . 19 5 0 �'V"�'±�"�'��'y�� , �� �'""�I��"1�d"��1�"�' ..�.�,.�,,-�'", � SOUTH TAHOE PUBLIC UTILITY DISTRICT Richard S�al�ri , General N4�n� �r Paul Sciuto, Assistant General Manr� �r Eric W.Schafer, President BOARD MEMBERS James R. Jones, Vice President �. Chris Cefalu, Director I��nd V�a el �:�ar� „.,��r`����r' ���N Sheehan, Director REGULAR MEETING OF T�N� ��e4�� OF �I��C�TC�RS SOUTH TAHOE PU�LM� 1��'i�.N��" DIST���"�'` FEBRUARY 7, 2013 '',;��� ����'���� The Boprd of Directors of the South �`a�u���F'�k�l�c Utility District met in a regular session, February 7, 2013, 2:00 p.m., at the Dis���o�� ���i�e,.�ocated af 1275 Meadow Crest Drive, South Lake Tahoe, California. '�`� : , �, ; BOARD OF DIRECTORS: ROLL CALL President Schafer; Directors Cefalu, Jones, 'V���p���ang ,��w��l�c�� STAFF: Solbrig, Shar�, �c��r�t�a� �ugh��, �. ��anC��°, Huss����, Ryan, Swain, Ble�����;�"'�.`�r�is,�����, �tall��. �'����ng, A���u�r���y Herrema ;,�, J , ,� GUESTS: � '°c;, � , Tom Davis/Mt�y�C �ro-Tem an� ���� Watsor�/City of South Lake Tahoe; Chris Westlake c���l,�'��Ilan Ro����u��/TPC-SLT PacificAssociates ,; ,,�'� 'I`�ipF�"(�� hrti�v�c� +������r ����f�� ��a �I '�ryc�� P�as���� �n�r�m�c�us� CONSENT CALENDAR .�_... r, f,.,q to a rove the Conse�r���������"as submitted: PP ; ; ,y iJ W f a. Billing of Water Senrice t���rges- Enacted Ordinance 545-13 Amending Section 6.1.2 of the Administrative Code regarding the billing of water service charges; b. 2012 Water Tank Recoating Project- Authorized 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; -Q5- REGULAR BOARD MEETING MINUTES- FEBRUARY 7, 2013 PAGE-2 c. 2012 Water Tank Recoating Project-Approved Change Order CONSENT CALENDAR No. 3 to Crosno Construction, Inc., in the amount of$14,120.62; (continued) d. Wireless Network at Plant-Authorized staff to request quotations for new Cisco or equivalent wireless network solution; e. Wildwood Waterline Replacement Project and Bal Bijou Waterline Project- (1) Approved Project Closeout Agreement and Release of Claims for Thomas Haen Company, Inc., and (2) Authorized staff to file a Notice of Completion with th� :��, r .;,,; EI Dorado County Clerk. ITEMS FOR ��7!AI�N���"��t'��',F. ° The Aspens at South Lake Tahoe is a propc��s���4� !�rrit low- ������,r�q���� ��I���C� ��`���'fi��l L�K� income housing project, and is proposed to k��:��unded with ` � a variety of funding sources induding a traditie�r��� I�a�n, sta��� tax credits, state home loans, and District d�f�rr���rv;c�ter capacity charges. Developer representative, Shellan Rodr�guez,-came ���+�r� '����: Board to request the Fee Deferral Agreement tf��e Board ��r��pt�-- ted to approve in July, 20��, ��,formally approved now. The ��I���-� ment incorporates ��r'r���,�J���������d �I�rrir�� �r�vic��� ����d meetings, including t�����f�rst wrr I�r�� fi�a r���i�r� � �1�,�1�{� �����N primary payment from �`��w�u�f r�����ts. 7�� �stir��t��d C�i���'i�� �c����Nt�r,�f��ms�r����������c����! with this ������t c�r��5��,��f�r��w�r �i��,,�5.�������"w����. The �c�m�a�t��d ���j��t i� �stir�a��d t����erate �a���`���mately ��,�,€�(���m���r��Ny ir� vv���r a�c�s�vv�r`^��n���e charges. The C�����'�r�wer��u�e� p�y �rll ��vv^������rc�f�;;�;k��r��� upfront and �,r������������t�r �h�c������ w�,rc�+��d�����a� �������rr���a� under the following �t�:��rm�: � �i. ������'t�rr� t�rr�rs-�� y�a�rs ����. �. ���w� ���nr��r��s �ca�� �r�r� �����a��a� receipts (gross revenue ���s �a��rc��inc� ����������. 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 benefits include receipt of sewer capacity charges and the ongoing water and sewer service charges, and the addition of new low income housing is good #or the community. Rodriguez explained every funding source has its own set of requirements, and she requested on behalf of the State, that the loan be made with no residual receipts payments requirement (Items 3. and 4.would be deleted), and that the water capacity charges be waived entirely. The Board expressed their desire =�6= REGULAR BOARD MEETING MINUTES-FEBRUARY 7, 2013 PAGE-3 to maintain commitments made to date, and was not in favor THE ASPENS AT SOUTH LAKE of eliminating the $10,000 residual receipts payment, or waiving (continued) the entire water capacity service charge as it would not be prudent for the District's existing ratepayers to do so. She will look into the possibility of moving the $10,000 residual receipts payment to another fund designated for hard cost utilities (operating expenses). If it can be done, the agreement will be amended accordingly. A lengthy discussion was held about project payback and risks if it were to fail. President Schafer reported a letter was received from former City Manager, David Jenkins, in favor of the �r�`��j����,», �� �rk���d Vc�...��1����rrc� r"���a���' ��f�Nu. Jt�� �+"�t��d ��r Passed to: (1) Authorize District staff to devel�+�a �i�r�l language to incorporate the change concerning moving ,�����nt t����� the line; and (2) Authorize Board President to �x���wa��,����"��' deferral agreement with SLT Pacific Ass.ociates, a ���N���'��€�� Limited Partnership. �,,, , �A-�� �� . Director Jones voted no since he �rk����t�+� t+�s���i���ar�� t�ak�� �-" project at risk to District r+�����y��s, ��wc� '����+��� +����� ,���- cedent it could set. ,j; The District allows new°vwt���r��rv^���'�onnections pursuant to ALLOCATION OF c���lic��rC�� rul�� �r�� r����+�t��r�s, �"����.�r�a�ri�� fi�c�fi �I� w�r�t�� RESPONSIBILITY FOR rr��fi�rirr� +��eri��� +�r� 1�� �ar�rp�d���f��r� �;������t, ara�' r��y k�� MAINTENANCE OF WATER i��t�Yl��i t�y c� �r�a��r�y ��n�r c�r����i�° ��r��tc����r����� C��s�r��� i� METERS �I�r������ t�w� r����r����rMlro�y����"I�� �ai���t���nc�, ��p�ir�arr�9 ��- p�c���rr��r�t a���t�r m�t�rs� ris�r�, �as����,�rr��l��r tk�can �wc� i�ch�s, �w�� t�� ����r ��� r�r�t�r p�t �s ��r��l��� �����k�� �����rr�er �y t�� I����rr�f. '4^�h��, � �����arr��� r���.mir�s c� r��t�r �f��c� �r����� �r �r��t- �r in siz�* �h� ��s��a������a�l��s ��� ����r� t�r�a��l� mt� �����c�s� fr�r�t �r �istri��-a��r�'�a��c� ��a�a�l���'. T�� C�istri�t ���s u�c�t f��t �a� irrs�a��� r��t�r� ��at �� �&���r�+�$ s����� ,�r�car�c� ��r�ir ir����re�lc�tica�. Due to staff having to repair improperly installed meters less than two inches, a code amendment was recommended to designate responsibility to the customer for costs of repairs on small meters. Additionally, the pit and meter is given to the property owner once their plans are stamped. This sometimes allows the District property (meter and meter pit) to remain with the customer for a significant amount of time. Staff recommended restricting installation of the meter and meter pit to District staff. _��_ REGULAR BOARD MEETING MINUTES-FEBRUARY 7, 2013 PAGE-4 It was the consensus of the Board to direct staff to prepare a ALLOCATION OF modification to the Ordinance for the Board's approval that RESPONSIBILITY FOR standardizes all meter installations and to assume responsibility MAINTENANCE OF WATER for connections and meters less than two inches in size. METERS (continued) No Board action. Staff recommend the Ordinance currently in place be modified ORDINANCE NO. 544-13: to remove the description of what a vacant property is. It cur- WATER SERVICE CHARGES rently states that to be considered a vacant property it m�ast FOR VACANT PROPERTIES no structures on the parcel, or have any active building ��r�r�t� in place. Staff reported if an owner of a vacant lot s���'p1��;�l�rns for a new structure, water service charges will �����rr�� �,�����`�� District's approval of the plans. The owner will not be ����p�'���� pay a connection #ee if the lot remained connected to the District's main during the period that it was considered to be a vacant lot. Staff annually inspects vacant lof properties to confirm that the parcel still meets the criteria of the vacant lot ordinance. P�4c��r�c� ����lu� S���nd J��m�� ��s��� �ia��nu��a�s1 tc� ��c�c� Ordinance No. 544-13, amending ���1'i�rr :�.1„�� of the �4dminis- trative Code regarding the suspension ���wc���r�����e charges for vacant properfies and superseding ���cnanc� 1��. �2����ir� its entirety. The current Ordinance provides tha#the Dist��i��'w�l'9 be pa��C ORDINANCE NO. 546-13; a fee of$50 for issuing a permit to �r��nect ��� ii�spect a SEWER CONNECTION sewer lateral, �� �I��,�+rs�vi��� t�a�.� ��� ca� $50 b� ��Ilected PERMIT AND INSPECTION for issuing �a,���'�i���f'�a-�u��t�IV ���a��rts�aect+�r„�r�� sa����. Staff FEES recomm�r��€�s� conso�id��qr�� t���.°�rw!� fees int�a +����ngle fee, which ��v���,��r�its for b�r�h �c�t�r�1�r��a������rr and wye saddle irr�s��l������ and the ci����ia���Y Hr����ctions, and is intend- ed to recover��i�������al costs z�s����i����w���� aNl such inspections, and which will str�t�nnline the ���r�i�tir�r� and inspection process for both the custor�t����rr�d the C����r"���. Based on an analysis of the time associated ^w�t�,�ra�����i�r�� for each, staff recommended that the fee be set at $l,�p �s,�r���ti�c�curate reflection of the District's actual time and ���t�. Moved Voael eq sanq / Second Jones / Passed Unanimously to enact Ordinance No. 546-13 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. _��_ REGULAR BOARD MEETING MINUTES- FEBRUARY 7, 2013 PAGE-5 The Board has postponed scheduled increases to the water SCHEDULED CAPACITY and sewer capacity charges five time for five separate six- CHARGE INCREASES AND month terms. Capacity charges were scheduled to increase TWO-YEAR MONITORING effective January 1, 2013. The increase to water would be the PERIOD FOR COMMERCIAL fifth and final increase developed in the 2006 Water Capacity CONNECTIO�� m� Charge Study. The increase to sewer would be the fourth of six s#ep increases developed in the 2008 Sewer Capacity Charge Study. Capacity charge revenue is restricted for infrastructure related projects/debts. When the charge levels are kept artificially low, the current ratepayers are subsidizing: p the difference with the District completes capital projects. In regards to the two-year monitoring period currently��re�quir�d for commercial applications to use to estimate us�a���c�r the average day during the peak month of the yec�r�-��at policy has been in place for at least 15 years and it���i�fa� have been amended in 2006 when the Water Capacity ������ Study was complete. Staff recommended the section d�s�r"tk���g the,�,���ial policy for commercial calculations be eliminoted f�+�r� ��a�' '' Administrative Code, and commerciaf connections k�� ��l�ulated the same as residential capacity charges_ar.e- based �r� p�rc�per meter size. This change will provide the customer the ��rf�rii���y of a consistent charge per ccan����t��a� s��� ra���ter ��'��a��a �����virrg,�, capacity charge bill in t�+°`�'��a��� �c� c�'��r ra;���� irt ��c���s +�f ��r� original estimates. It��m� ��� ��r���r���� ����tie ��a�r�� ��r �ir�e'� staff to develop an arr��r�c�r��t�t t� �Nimi��t� �6�� ���e��+�l ��@icy �+�r commercial calculatior��. ' �"�� ��ar�r+� �i������� �fi�� �������� ��a,�a�s���.�;��a����r��r��a��� �n�l �� w�� t�r� �c�r���ns�r��f a r����ari��° of th� �����i t�r�t t'��� �c����i�y ���r��s t��t �m�� �Nr�a�#y����g �h�r��� are significant, ar�� ���1 rais���I t�°��r� in �h� ���'��n� ���r��ar�ic conditions could ����r I��il'��ir�r.�,anc� �F��r�f�r� should no� �� raised, h�9� ���r� ��tA�o��. Moved Sheehan / Second,��falu/ Passed Unanimously to PAYMENT OF CLAIMS approve payment in the amaunt of$1,821,251.62. Water and Wastewater Operations Committee: The committee STANDING COMMITfEE met February 4. Minutes of the meeting are available upon REPORTS request. The main topics of discussion included the odor complaint at Fallen Leaf Lake, and pricing options for Lukins to consider for water service to TJ Maxx. Director Jones reported the District's new Headworks project BOARD MEMBER REPORT was featured in the industry publication "Water 8� Wastes Digest." _��_ REGULAR BOARD MEETING MINUTES-FEBRUARY 7, 2013 PAGE-6 Director Jones reported he will serve on a governance advisory EL DORADO COUNTY committee to develop standards for directors of the Mountain WATER AGENCY REPORT Counties Water Resources Association, and also to review their incorporation documents. Director Schafer reported he will send a reporf soon that will BOARD MEMBER REPORT cover the CASA �California Association of Sanitation Agencies) conference and associated costs. He urged the Board to submit their travel and training requests for the 2013/14 budget process. He also urged Board members to take an interest in attending con�erences and training as a way to stay current with water and sewer issues, especially since the District is in a somewhat isolated community. Richard Solbria reported: Outreach presentati�,r'��"�w1� be made GENERAL MANAGER to the EI Dorado County Board of Supervisors ������he TRPA REPC�RTS ..__..�. Governing Board; two responses to the RFP ��r`�h�� Retirement Health Savings Plan consultant were received �af��1 �nrill be � reviewed; and on February 12 the Lake Tahoe U�������;���i����� District will consider moving their boundary areas an�'���'�'��on process #o comply with the California Voters Right Act„ A��iS�rr�� ��n���l P�tc�r�� �r �n ��a���r: ���� ��iu��+�r����art�;d �i�� STAFF REPORTS �� �I�� �G�tri�t"� �c��tr�a�t�°���ch����,B�:ntl�� ������yr��r�rui��, wc�� '' sc�l� 9� t�� C�r�ss��r f��rl��:' ;, , Legal Counsel: Brad H�rr��� rep���d the pefition to change water rights at Diamond V�����y I��rw��l���� approved. ,,, Manaaer of Customer Service: T�mrr�;�ledsoe����'������I on the status of the�delinquent aceounts c���l�����ons t�r'��underway and payment plans are being devel+����d. A part-time person will be hired soon to continue thre ��f'�r�� '` District Information Officer: Dennis Cocking reported on the status of the District's Helping Hands program. 3:50 P.rv�.- 4:00 P.►v�. MEETtNG BREAK AND ADJOURNMENT TO CLOSED S���#ON 5:30 P.►v�. RECONVENED TO OPEN S�SSION _�_ REGULAR BOARD MEETING MINUTES-FEBRUARY 7, 2013 PAGE-7 ACTION / REPORT ON ITEM DISCUSSED DURING CLOSED SESSION a. Pursuant to Government Code Section 54956.9(b)/Conference with Legal Counsel re: existing litigation re: EI Dorado County Superior Court Case SC20120227 GRCLT Condominium vs. South Lake Tahoe Public Utility District (filed 10/22/12) No reportable Board action. b, Pursuant to Section 54956.9(a) of the California Government code, Closed Session was held for conference with legal counsel regarding existi�g'litigation: False Claims Act Case: United States, the States of California, Delaware, Florida, Nevada, and Tennessee and the Commonwealths of Massachusetts and Virgin'ra 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 States District Courf for the Central District of California. No reportable Board action. c. Pursuant to Section 54956.9(a) of the California Government Code, Closed Session was held for conference with legal;counsel regarding existing litigation: Los Angeles County Superior Court, Case No. BC459943;S#ate of Nevada, et al. v. J-M Manufacturing, et al. No reportable Board action. d. Pursuant to Government Code Section 54957/Public Employee Evaluation Unrepresented Employee Position: General Manager ; No reportable Board action. 5:30 P.M. ' ADJOURNMENT ��� "� �" ���� �Enc W. Schafer, Board Pre� sident South Tahoe Public Utility District ATTEST: Kathy Sharp, Clerk of the Board South Tahoe Public Utility District -51- General Manager Richard H.5olbrig �-- �"� �������� Director5 � O N V I 1 Ghris Ge#alu a o e James R.Jones �-- ��-.. � � � � � Randy Vagelgesang publ�c U-��I�ty D15t��ct KellySheehan Eric 5chafer 1275 Meadow CreSt Drive•South Lake Tahoe•CA 96150-7401 Phone 530 54�4-6474•Fax 530 541-0614•WYVW.ST.�iJGI.US BOARD AGENDA ITEM 7.a TO: Board of Directors FROM: Paul Hughes, Chief Financial Officer MEETING DATE: February 21, 2013 ITEM- PROJECT NAME: Request to Appear before Board received from Frank and Delma Carson concerning transfer of sewer units. REQUESTED BOARD ACTION: Consider customer's request to transfer sewer capacity units to another parcel and direct staff accordingly. DISCUSSION: Staff Introduction: On December 4, 2001, Mr. 8� Mrs. Ccarson's cabin was destroyed by a fire. The cabin was built on US Forest Service land. The U.S. Forest Service terminated their Special-Use Permit on January 16, 2003, and the cabin could not be rebuilt. The cabin had 3 sewer capacity units associated with it, which are owned by the Carson Family, not the U.S. Forest Service. Customer wishes to t�ansfer these 3 sewer cqpacity units from this parcel to another parcel. Customer Comments: Due to this unique situation, the ability to use the sewer units on this parcel was removed when the U.S. Forest Service denied our request to rebuild after the fire destroyed our cabin. I would like to discuss this issue more in detail with the Board of Directors. See Attached Letter. Customer's Request Board Action: To allow the transfer of 3 sewer capacity units from 881 Pomo Road to 715 Glorene Avenue, a vacant lot located on Gardner Mountain. Please see attached letter and documents. Staff Recommendation: Since the authorizing sewer unit transfer program expired December 31, 2012, staff is seeking direction from the Board at the request of the customer. -53- Agenda Item 7.a Paul Hughes Page 2 SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION. CATEGORY: Sewer GENERAL MANAGER: �"�� ����� NO CHIEF FINANCIAL OFFICER: YES NO _��_ February 12,Z013 RE: Frank&Delma Carso�/ Larry&Marsha Carson S.T.P.U.D.Acct#147 /881 Pomo Rd To Whom Ir May Concern: i received your notification letter dated 11/01/lZ informing me oEthe transfer deadline date of 12/31/12. i was unable to respond due to I was out of town from Oct 15 to Dec 15, 2012. [would like to ask the South Tahoe Puhlic Utility District Board to consider transferring (3) sewer capacity units due to"Unique and Special CirCUmstanCes". Action I am requesting the Board to take: Allow the transfer of 3 sewer capacity units from 881 Pomo Rd ta 77.5 Glorene Ave,a vacant lot loca:ted on Gardner Mountain Our family cabin was destroyed in a fire on Dec 4, 2001. The cabin was built on U.S.Forest Service land and had been apart of our farnily For 30+years. The U.S. Forest Service terminated our Special-Use Permit on 1/16/43 and the cabin was never rebuilt Our cabin had 3 sewer capacity units associated with it,which were owned by the Carson Farnily,not the US Forest Service. In July 2002,we purchased a vacant lot located at 715 Glorene Ave.,with the intent to rebuild our cabin and transfer the 3 sewer units when necessary. We submitted an allocation applicati�n and$1,300 fee to CSLT. With this intention,we complied with the requests oFThe Forest Service and South Tahoe Public L1�ility Distric� We worked with Sandy Gray at S,T.P.U.D.; it was our understanding that we would be able to transfer the 3 units to 715 Glorene Ave.when needed; as long as we� condnued to pay the S.T.P.U.D.quarterly fees. We continued paying the fees from 1/31/02 to 6/3U/10,investing a tatal of�2,487.84 into un-usable sewer units. In 5eptember 2010,contacted Tim Bledsoe at S.T.P.U.D.to inquire if w�could discontinue paying the qnarterly fee and continue to keep our 3 sewer capacity units. [explained our anique circumstances to Mr. Bledsoe and he was most considerate to listen and understand. I received a letter dated 10/25/10 from Mr. Bledsoe informing me that our 3 sewer units had been placed into excess and our account had been adjusted to a zero balance. -55- £'d 899ti-EZ6-966 �6Z�61 £l £6 qa� At this time, I am asking the Board to cansider my request to allow us to transfer the 3 sewer capacity units �rom 881 Pomo Rd to 715 Glorene Ave. I feel our circumstances are unusual and unique to the norm and ask that you discuss and consider my request. [t is my true feelingthat we have complied with S.T.U.P.D.and the U.S. Forest Service reguests,in order to preserve our 3 sewer units for future usage. Since the Iost of our cabin in 2001,we have invested $4,987.84 into these 3 sewer capacity vnits. At this time,we are unab]e ta attend the board meeting on Z/Z1/13 or 3/7/13. I have prepared a timeiine with documents for your review. Thank you for your consideration. Sincerely, . � ��. ��� Delma Carson _��_ b'd 899�-�Z 6-9 66 eZZ�6 6 £6 £6 qa� Timeline and Historv of 881 Po�no Rd�Acct#147 December 4,2001: A fire destroyed our fami]y cabin on December 4, 2001. The cabin was burnt to the ground,it was found smoldering in the snaw by the Fire Dep� Our cabin was located at 881 Pomo Rd, Lot#109 in the Spcing Creek Tact,on U.S. Forest Service]and. There are 3 sewer capacity units associated with this structure and lot; owned by the Carson's. ]uly 15, 2002- We purchased a 1-acre vacant lot located at 715 Glorene Ave.with intent to rebuild. An allocation application was submitted to CSLT Planning Dept on Z/5/03 with a payment of$1,300. After six years of waiting,on 6/3/09 we received notice from Dev. Services Dept. that our allocation had been issued. Due to the economy hardships,we had to rescind the allocation until a later date. lanuary 16. 2003• I received a letter dated 1/16/03 from the U.S. Forest Service. The letter stated that our Recreation Residence Special-Use Permit was terminated. The Farest Service requested us to do the following: "Require the sewer lateral to Lot#109 to be removed and sealed at the sewer main". (Attached is a copy of the letter for yoar review). May 30. 2003- We hired O.R.Coleman Conshvction Co. to complete the work to the main sewer line and seal it off. V1�e incurred the cost of$2,500 for the requested work. ]une 5,20a3: We received a letter dateci 6/5 J03 from STPUD confirrning the work had been inspected and approved by David Johnson, District[nspector. The work had been completed successfully and passed Mr.]ohnson's inspection. (Attached is a copy of the letter for your revi�ew). _ _ February Z 0, Z 004• The U.S.Forest Service noti6ed us that the work had been completed and the site had been restored successfully. (Attached is a copy of the letter for your review). October 25.2010: f received a letter from Tim Bledsoe at STPUD con�irming the 3 sewer capacity units at 881 Pomo Rd had been placed into excess. [Attached is a copy ofthe letter Poryour review). _�q_ 5�d 895�-£Z1-966 �ZZ��6 £6 £6 qa� I�Iovember 1. 2012 1 received a letter from STPUD notifying me that the transfer oEany available excess sewer unity must take place by 12/31/12_ (Attached is a copy of the letter Eor your review). Itis my understanding that the 2012 allocation wait list has 107 applicants and there is the possibiiity that the 2U13 aliocations are un�certain. February 12. 2013: Submitted mywritten request to appear before the STPUD Board Meeting on Thursday 2/21/13 or Thursday 3/7/13. � 9'd 895�-EZ6-966 �ZZ�II E6 £� qe� General Manager Rlchard N.5olbric �� � "N��•� Dfrrctory 5outh T h ��� • � O� JameS RJonee �� � � �ubfic Uti�i�ty DiStrict �'�V�S� ���-�..�� ... ���. � 1275 Meadow Crest Drive•South Lal:e Tahoe•CA 96]50-7401 November 1, 2012 Phone 530 54�4-6474•Fax 530 54-1-06i4•www.stpud.u� FRANK 8, VELMA CARSON $949 MOONEY RD ELK GROVE CA 956249627 ° RE: Adrninistrative Ordinance Regarding TransFer of Sewer Capacity - APN: 7826019 . _ ._� . ..�.�_ .�. ��.� . .� _.�� .....m. . .. ��.�._�..a .. .R �_. .,.._ .. . � . . Dear Customer: Beginning in l 980, in an efFort to help local building continue in the face af regulatory efforts to impose a moratorium on private property development, the Districf instituted an ordinance that allowed transFer of sewer capacity From one parcel to another. Once fhose efforfs to regulate developrnenfi were no longer viable, the District confinued tt�e pracfice of sewer capacity transFer as it had become an accepted part of Disfirict policy. Over the years, it has become obviaus that the process has become obsolete and needed to be eliminated. In 20Q8, the Board of Directors unanimously voted to discontinue this pracfice after a five-year period that ends December 31, 2012. Currentiy, your properfy may have excess sewer uni�s that would be eligible�or trqnsfer to ar�other properfy. In accordance with Administrative Code 4.8.14 "Condition of Transfer', these sewer units would not be aliowed for transfer affer December 3], 2012. Under fihe District's amendment to the Administrative Code, excess sewer units may be transferred to another parcel until December 31, 2012.�Affer that date, exces5 sewer � units�nn'I! no longer be transferroble between parcels, but could be used for further � development on the parcel of a�r�����. ° If you have plans to transfer any available excess sewer units to another parcel, it must take place pr�or�o December 31, 2012. There will be no exceptions to the ordinance affer fhafi date. If you have any questions regarding this ordinance, please feel free to call the Customer Service Department a}530.544.6474. Sincerely, � • , c!i�^— Tim Bledsoe Custorner Service Manager _��_ L�d 895�b-EZ6-966 eZZ�66 £6 E6 qa� � . �,� c �„��!� �+� � �� . ���� ' .,.,�- '� ���� ��� � � �� �I ,,�".�'• � �� � ,�� � ls%'J � . �,��..,�., ��� � `��- . �u'olic U�i�i�y I��S�tr�c� � �� � 1275 Meadow Crest Driv�•5outh Lake Tahoe�CA 96150-7401 Phone 530 54-4-6474-Fax 530 54-1-0614'W1NW.5�ULI.US O�taber 25, 20'I U � ` Velma Carson � 8949 MooRey Road • � Elk Grove, CA 956249627 Re: 881 Pomo Road 1 Acct#947 Dear Ms. Carson, • Please aocept this as a confirmafion le#ter that your sewec units at 881 Pomo Road have been placed into excess and your account has been adjusted ta a zero balance. ��' A1so.to da�ify the transferring of sewer units to 715 Glorene Avenue. I have enclosed Section 4.8 of the South Tahoe PUD Adminisfrative Code for your review. If you.have any questions. p�ease call myseff or any customer senrice representative at {530)544-64-74. SincereJy, � ��.�— � Tim Bledsoe Manager of Cus�omer Service � _�_ 8'd 895b-EZL-966 ezZ�66 El E6 qa.� ,�;� United States Forest L.ake Tahoe Basin 35 College Drive � � Department of Service Management Unit South Lalce TaSoe,CA 96150 Agriculture (530)543-260U (S30 5rii-4036 TTY � F�e code: 2720-123 Rec.Residence Spring Creek Lot#109 ELD852841 " Date: February 20, 2004 Frank M. Carson � .. 8949 Mooney Road Elk Crrove, CA 95624 ° � ... . �.-- Dear M�:-Carso��. �.W.._.�.... . .. For the record,project work to seal the main sewer Iine f.o lot#109 in the Spring Creek Tract has been eampieted and the site restored satisfactorily. No further work is required and all mat�ers associated with lot#109 in the Spring Creek Tract and the special use pennit is concluded. Your efforts to finalize this matter are appreciated. � . On behalf of the Forest Service, if we can be of fitrther assis#ance to you,please give me a call at 530-543-2690. V�e wish you all the very best. Sincerely, .� { � %.G.��%,�C(r% i� ,.: �' ' LORI ALLESSIO 5pecial Uses Penmit Administrator � � S Caring for the Land and Serving People p��R��� � -61- 6'd 895ti-£Z 6-916 �EZ�6 6 £6 £6 9a� F� ; � FA6C h�. : Jwt. 96 2H0� 08�54AM P3 � � � . � �� ��U�h Ya�Q� M� �.� � ' E'ubli� U�i�ty Di���ict ��� � � . � , ����������� ��� �� . �s,zoo� � � , � , Mr.r�arc r.�sot� � � Qro�,CA 95G24'9d27 ' " � .�. Ra: $�1 Pamaa Road(9�tinB��7�� Sa�tI�ek�Tt4oc,eCA �� , � D�tl�C G�+o�� � ,� , . P3oase000adoc�tis��c+erss oo�6m�ti�oa th�t�a wrosi�a�enplaeal by R�1pE�Oo� ���;���'���w���'�'a6oaPt�bTic tiJt�iy D�'s m�w� � �"� . � d �� �+���- �. ��,�,�;�����t�,�r r��'csp�tY�ooi�led�rith t3�ia lot io,a�dcr to �+�t��r�',�"^���t�k�'�"� Z[y��sv��ouy qa�otss,.PT�dd aot��a ma�ta�,tm��ly st i33�544�47+t, ,� � �?21. � � Y�a Ccryaer (,�a��rrSrs�►iu� ca Rafph C,oinaao D�dJa� �X� . � m TOTFy.. P.OZ `� . .��� �+��•' �.� , ,.. _�_ 0�'d 899b-�Z6-966 �£Z�16 E6 E6 9a� reu io i� i i.�-+a .71V�ILJ�YJVV N.� ;��� Uuited�Statess Forest T�ake Tahoe Basin Manage�eflt �74 En►erald Bay Road Saath Lake 7Cahoe.CA 96I50 ����, UeparlmenE of Service Unit 530 573-2600 .� � �r����rt'+� ,� µ . F'�e Code: 2�20-123 Rec.Residence � Spring Creek Lc�t#109 , . ELD852801 ,' ," Date_ ���ry I6,24�3 Frank M. CaFSOn . . . 8949 Mooney Road ' Elk Grove, CA 95624 ' • � - � CERTIFIED MAII�RETURN RECEIPT . � �2EQUESTED#70001670 OOOb 9596 732ff Dear Nir. Carson: • . ..._ .. . _m .. ._..___.. _..�mm...�. ��������c���1�,a�"��'�"��+�����t�,1�.����.+��a�.��d��c����i�������i�:as��r�d t���au��,��[� ��, ��►5�7 �"c�r����"�� �a t���������"�r�u,� �������.���+��a�;+�,�t��rr�r. �� I, 2t���:� '�"h����� �� d�z°c�y���^f��s �r�+� ��� '����, ���� �la.�a��� t������ ��r� ` �.��a���r t�►+��c�����t�., :C�����r��3�rd�h�a-���;t,����ur�ds��u�.�a�b��a. r���a�G��l t�u�1c�1�is�������w����i��c��. a����r���a��ia��,��� ���i�t�.��������i.��a��°+�^��a���:La��l�'� �� iz�����:�r�ha� �s � e�by�.���rut�'�'�a�a���a���:�"���'�%������""`��►�', "�"�r��"�c:�.����r�r���.���tc� � � �y�,d�r�r���.����w�ir+��a�s�rc�r�a �� �i�����C�t�a��r�a.�a^��,���.�.��.e s��� . " F,�' ��;�"�w��c��,�a�a�a+�t�°���'�����.���'UD; she can be reached at 530- �'" �,;r�.���,�;,�i��.��5. �����t����'���°.���!�'�rest Iand associated v�rith removal �����+��'#����t�r"��t� ��l ta��r�tr��c�,sa�isfacEorily u}son cocnpletiou. Priar�o ���,u�'�r�r��� ���hi�:�c���k��.�office. t������,��t��',����„����tt�:�ap� " �C.��Departaient,it huly has beeat a pleasure v�r�r " �'�''�.�i�^�u����������". "�'�"�w���`�'"��° ��the best If you have further questions, �y�,r��+��a��!k L�wr�������, ����-°�'st��`+��uti.Administrator,at�3U-573-2b90. Sincerely, � �IARIBBTH GUSTAFSON Fox�est Supervisor . Cc: Sandy Gtay, S'�'PUD "• " , .� . M . - gecky Heflin,Et Dorado Coixnty � ° Assessor's O�fice . � �:. � � � Cariug for the Laad siad Serving Pcople P�°^�'d�°apef � -63- �^ � n n � � v+ --� r � d .�. .-°. N 3 � h a � � = °-, j � N � R � M �' a 3 o N ,� � Z � � 'U C a �► u o fl'[ � n Q � m z A � � � a m Q a ` a z, v- ,-p '� � � � ^-1 � ' f z g c ° o -� N s� � n Pii � f ' � i� �` J N Lv � � I ' � � � 7�7 �Q �D ' � ar � O � � ("y -i � ¢+ . , C'� , �.+� ° C It'i � O ► 0o d � � �, ,� � � rW _ � � ''�" � x . �} � � °" f� a- p p�i °. A C r� 0" �r � �? --� . . rn o � ,,,�. � � � Q r, u+ lI z ^ � � � ,-� � I � O � � ,,:V � N � I � � . 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" � . �`""� �� � � � � � � � � � , R ; �"" � �� � � � � A �� �. ��X� �. . � g . � i � � ���� W� �. . � . � �t . �� � . i� �� �C1 . _��_ t�'d 895ti-�Z6-9�6 eZ£�61. £6 E6 Ga� General Manager Richard H.5olbrig �r �8�o��"� ��� ��� a �t � ae D�re�or� ChriS Cetalu JameS R.Jone� �� � � pu b l i c U ti I ity C�i 5tri ct �"dy�°9e'ge5ang Kelly 5heehan Eric 5chafer 1275 Meadow GreSt Drive•South Lake Tahoe•CA 9615�-7401 f'hone 530 54�4-G474•Fax 530 541-0614•www.�tpud.u5 BOARD AGENDA ITEM 7.b TO: Board of Directors FROM: Paul Hughes, Chief Financial Officer MEETING DATE: February 21, 2013 ITEM - PROJECT NAME: Postponement of scheduled capacity charge increases and standardization of domestic water capacity charges. REQUESTED BOARD ACTION: Approve the following three ordinances: 1. Ordinance 547-13, regarding scheduled increases in water capacity charges and amending Administrative Code Section 3.1.49(e)and superseding Ordinance No. 541-12 in its entirety. 2. Ordinance 548-13, setting sewer capacity charges and amending Administrative Code Section 4.5.7 and superseding Ordinance No. 542-12 in its entirety. 3. Ordinance 549-13, regarding water capacity charges for domestic water service and amending Administrative Code Section 3.1.24(a). DISCUSSION: At the February 7, 2013 regular Board meeting, staff received direction to prepare the necessary ordinances required to postpone for six months the capacity charge increases currently scheduled for January 1, 2013. Staff was also directed to prepare the necessary ordinance to amend section 3.1.24(a) of the District's administrative code requiring commercial water capacity charges to be calculated based on estimated water usage and modified two years later based on actual usage. Ordinance 549-13 amends this section from the administrative code. Water capacity charges for domestic wcater service will be charged consistently among all customer classes based on the fee schedule in section 3.1.49(a) of the administrative code. =69= Paul Hughes February 21, 2013 Page 2 SCHEDULE: Ordinances 547-13 and 548-13 postpone scheduled capacity charge increases until July 1, 2013. COSTS: Water and sewer capacity charge schedules remain unchanged. ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: Ordinance Nos. 547-13, 548-13 and 549-13 CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer 8�Water GENERAL MANAGER: 'Y��' �"��,x ` N^C� CHIEF FINANCIAL OFFICER: Y�� NO _�_ ORDINANCE NO. 547-13 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT REGARDING SCHEDULED INCREASES IN WATER CAPACITY CHARGES AND AMENDING ADMINISTRATIVE CODE SECTION 3.1.49(e) AND SUPERSEDING ORDINANCE NO. 541-12 IN ITS ENTIRETY Be it enacted by the Board of Directors of the South Tahoe Public Utility District, County of El Dorado, State of California, as follows: SECTION I- POLICY AND PURPOSE The purpose of this ordinance is to amend the Administrative Code to postpone the scheduled increase in the District's water capacity charges scheduled for January 1, 2013. SECTION II—DEFINITIONS For the purposes 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 Ordinances of the District, which establish the authority and the principles for the decisions 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, El Dorado County, State of California, makes the following findings: 1. The Board finds that the current economic climate may be adversely impacting new development within the District's boundaries. 2. The Administrative Code presently provides for an increase in the District's water capacity charge, to take place on January 1, 2013. 3. The Board finds that allowing the scheduled January 1, 2013, water capacity charge increase could contribute to the adverse impacts on development within the District's boundaries by increasing the costs of new development. 4. By Ordinances 541-12, 537-12, 533-11, 526-10, and 519-10 the Board postponed the scheduled increases five times—five separate six month terms effective January 1, 2010, January 1, 2011, July 1, 2011, January 1, 2012 and July 1, 2012 on the basis that allowing the Ordinance No.547-13 Water Capacity Charge Page 1 _��_ scheduled water capacity charge increase would contribute to adverse impacts on development within the District's boundaries by increasing the costs of new development. 5. This Ordinance's proposed amendment to the District's Administrative Code is designed to postpone the 36% increase to the water capacity charge scheduled to occur on January 1, 2013, until July 1, 2013. 6. The Board has determined that it is in the best interest of the health and safety of District's residents to postpone the scheduled increase in the District's water connection fees SECTION IV—AMEND SECTION 3.1.49(e) OF THE ADMINISTRATIVE CODE Administrative Code Section 3.1.49(e) to be amended as follows: 3.1.49(e). Periodic Adjustments: 36% on January 1, 2008, January 1, 2009, July 1, 2010, and July 1, 2013. 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 section, subsection, subdivision, paragraph, sentence, clause or phrase thereof 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, clauses or phrases may be determined to be unconstitutional or invalid. SECTION VI—EFFECTIVE DATE This Ordinance amending the above referenced section of 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 21st day of February, 2013, by the following vote: AYES: NOES: ABSENT: Eric Schafer, President m������� South Tahoe Public Utility District ATTEST: Kathy Sharp, Clerk of the Board Ordinance No.547-13 Water Capacity Charge Page 2 =7��= ORDINANCE NO. 548-13 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT SETTING SEWER CAPACITY CHARGES AND AMENDING ADMINISTRATIVE CODE SECTION 4.5.7 AND SUPERSEDING ORDINANCE NO. 542-12 IN ITS ENTIRETY Be it enacted by the Board of Directors of the South Tahoe Public Utility District, County of El Dorado, State of California, as follows: SECTION I- POLICY AND PURPOSE The purpose of this Ordinance is to amend the Administrative Code to postpone the increase in the District's sewer capacity charges scheduled for January 1, 2013. SECTION II—DEFINITIONS For the purposes 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 Ordinances of the District, which establish the authority and the principles for the decisions of the District, and provide the public with guidelines applicable to District operations. D. General Manager—The General Manager of the South Tahoe Public Utility District. E. Sewer Unit—An estimated measurement of flow and strength of wastewater discharged to the District's sewer system. A sewer unit is used for purposes of determining the assessment of sewer capacity charges. SECTION III—FINDINGS The Board of Directors of the South Tahoe Public Utility District, El Dorado County, State of California, makes the following findings: 1. The District's sewer capacity charges were previously determined to be less than the cost of providing such capacity by a comprehensive study authorized by the Board. On this basis, the Board previously adopted Ordinance 502-08, which set the District's sewer capacity rates in order to reflect the actual cost of providing the services for which the charges are imposed. Ordinance No. 548-13 Sewer Capacity Charge Page 1 =�1�_ 2. Recognizing that the costs of providing services would increase, Ordinance 502-08 additionally provided for a mechanism pursuant to which an increase in the District's sewer capacity charge would take place on January 1 of each year from 2009 through 2013. 3. By Ordinances 542-12, 538.12, 534-11, 527-10, and 518-10 the Board postponed the scheduled increases five times—five separate six month terms effective January 1, 2010, January 1, 2011, July 1, 2011, January 1, 2012 and July 1, 2012, on the basis that allowing the scheduled sewer capacity charge increase would contribute to adverse impacts on development within the District's boundaries by increasing the costs of new development. 4. The Board finds that the current economic climate may still be adversely impacting new development within the District's boundaries. 5. The Board finds that allowing the scheduled sewer capacity charge increase could contribute to the adverse impacts on development within the District's boundaries by increasing the costs of new development. 6. This ordinance is designed to postpone the increase to the sewer capacity charge scheduled to occur on January 1, 2013, until July 1, 2013. 7. The Board has determined that it is in the best interest of the health and safety of District's residents to postpone the scheduled increase in the District's sewer capacity charges. SECTION IV—SEWER CONNECTION 1. Sewer capacity charges shall be determined as follows: a. A sewer capacity charge shall be paid to the District by the applicant desiring connection to the District sewer system based upon the number of sewer units which are required for the applicant's project. Refer to Section V, Paragraph 1, Schedule No. 1. b. At any t'ime sewer capacity is added to any parcel for which the initial capacity charge has been previously paid in an amount which did not include such additional capacity, as a condition to such parcel remaining connected to the District sewer system, there shall be a subsequent charge to provide for additional sewer capacity requirements. Refer to Section V, Paragraph 1, Schedule No. 1. c. Periodic Cost Adjustments. The sewer capacity charge for sewer connections shall be adjusted as provided in this Ordinance to reflect the increased costs for providing sewer service. Refer to Section V, Paragraph l, Schedule No. 1. 2. Sewer capacity charges, as determined from time to time by the Board, apply to all new connections and existing connections to which at any time sewer capacity is added to any parcel for which the initial capacity charge has been previously paid. Capacity charge revenue is used to pay for sewer facilities in existence at the time the charge is imposed or to pay for new sewer facilities that will be constructed in the future that are of benefit to the person or property being charged. 3. Neither this Ordinance, nor payment of the capacity charges described in this Ordinance, shall constitute approval of any capital project. SECTION V—SEWER FEES, RATES AND SCHEDULES 1, Schedule No. 1 — Sewer Capacity Fee, July 1, 2010 - $4,930.00 Ordinance No. 548-13 Sewer Capacity Charge Page 2 ='�2�'-- a. Periodic Adjustments: 16% on July 1, 2013, January 1, 2014, and January 1, 2015. b. An amount equal to the Engineering News Records' construction cost index, national average, for the prior twelve (12) month period, commencing on January 1, 2016, and on January 1 st of each subsequent year. SECTION VI—ADMINISTRATION 1. The effective date of this Ordinance is February 21, 2013. 2. The provisions of this Ordinance will be administered and enforced by the District through the General Manager, who may delegate such enforcement to one or more employees of the District. 3. Any applicant for sewer connection may appeal any District decision pertaining to a sewer connection under this Ordinance to the Board by filing a written appeal with the Clerk of the Board, within 10 days from the date of the action or decision. The Board may, in its discretion, affirm, reverse, or modify any District action undertaken pursuant to this Ordinance. SECTION VII—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 section, subsection, subdivision,paragraph, sentence, clause or phrase thereof 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, clauses or phrases may be determined to be unconstitutional or invalid. PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public Utility District at its duly held regular meeting on the 21 st 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 Ordinance No. 548-13 Sewer Capacity Charge Page 3 _��_ ORDINANCE NO. 549-13 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT REGARDING WATER CAPACITY CHARGES FOR DOMESTIC WATER SERVICE AND AMENDING ADMINISTRATIVE CODE SECTION 3.1.24(a) Be it enacted by the Board of Directors of the South Tahoe Public Utility District, County of El Dorado, State of California, as follows: SECTION I- POLICY AND PURPOSE The purpose of this ordinance is to amend the Administrative Code to define the water capacity charges for domestic service for all customer classes. SECTION II—DEFINITIONS For the purposes 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 Ordinances of the District, which establish the authority and the principles for the decisions of the District, and provide the public with guidelines applicable to District operations. D. Capacit.y Char�e-A charge to pay for a public agency's facilities in existence at the time the charge is imposed or to pay for new facilities that will be constructed in the future that are of benefit to the person or property being charged. SECTION III—FINDINGS The Board of Directors of the South Tahoe Public Utility District, El Dorado County, State of California, makes the following findings: 1. The Board finds that the current method for calculating domestic water capacity charges for properties with greater than one water capacity unit(416 gallons) is difficult to accurately estimate. 2. The Administrative Code requires a two year monitoring period for properties with greater than one water capacity unit. The monitored data is compared to the original estimate to determine if the original estimated charge is to be increased or decreased. Ordinance No.549-13 Water Capacity Charge Page 1 -75- 3. The Board finds that the current method is inconsistent with the method used to calculate residential domestic water capacity charges, and believes the charge should be based on the capacity available to the customer through the requested connection size. 4. This Ordinance's proposed amendment to the District's Administrative Code is designed to standardize the methodology for calculating domestic water capacity charges by applying the schedule of charges per connection size developed in the 2006 Water Capacity Charge Study to all customer classes. 5. The Board has determined that it is in the best interest of the health and safety of District's residents to postpone the scheduled increase in the District's water connection fees SECTION IV—AMEND SECTION 3.1.24(a) OF THE ADMINISTRATIVE CODE Administrative Code Section 3.1.24(a) to be amended as follows: 3.1.24(a). Water Capacity Charge for pomestic Water Service. Refer to Section 3.1.49(a) for the domestic water capacity charge by connection size. 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 section, subsection, subdivision, paragraph, sentence, clause or phrase thereof of this Ordinance and its imple�ne�ting rules and regulations and the Administrative Code irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be determined to be unconstitutional or invalid. SECTION VI—EFFECTIVE DATE This Ordinance amending the above referenced section of 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 21 st 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 Ordinance No.549-13 Water Capacity Charge Page 2 =7��= PAYMENT OF CLAIMS FOR APPROVAL Februa 21, 2013 Payroll 2/5/13 434,890.21 Total Payroll 434,890.21 ADP & Insight eTools 2,886.53 AFLAC-claim payments and fees 5,260.95 American Express 38,201.36 Bank of America 0.00 BBVA Compass Bank 0.00 BNY Mellon Trust Company 0.00 BHFS legal services 29,871.61 CDS-health care payments 147,817.51 Union Bank 0.00 Total Vendor EFT 224,037.96 Accounts Payable Checks-Sewer Fund 466,388.84 Accounts Payable Checks-Water Fund 124,100.60 Accounts Payable Checks-Self-funded Insurance 0.00 Accounts Payable Checks-Grants Fund 0.00 Total Accounts Payable 590,489.44 Grand Tofa/ 1,249,417.61 Pavroll EFTs & Checks 2/5/13 EFT CA Employment Taxes & W/H 17,591.17 EFT Federal Employment Taxes & W/H 95,703.99 EFT CaIPERS Contributions 80,239.22 EFT Great West Deferred Comp 20,929.52 EFT Stationary Engineers Union Dues 2,546.54 EFT United Way Contributions 160.00 EFT Employee Direct Deposits 211,708.03 CHK Employee Garnishments 1,259.75 CHK Employee Paychecks 4,751.99 Total 434,890.21 :��s � � � � � � � � � � � l� 00 O+ O .--� N tn 7 Vl �D 7 C V �n �n v� v� vl v� v� m o�0 0�0 0�0 a�a W 0�0 0�0 � � 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 C? � � d � � � � � � � °RA`� C,'� "+�"� 4?7 O O N f� CO O N '�t N C 1 O (O O O N O O 4^Y t'C} �? 117 O m (O f0 f+7 f�7 OI P7 � l+7 00 � CO O c? 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'�" C� wCp ���.� d"�d'� c"„d, C� �*� � � � � � � � � to:� � ...�" d'"+p, C�,;q �7 � � y�.�y��.,,� �� A�.1 �°�k Crt� ��° r+„., ti"'1 � � � � k +.�7 �3 r�"tl C""W � � � � � � �. �G'�;,� tP"a rI`a� 4"a ih'�� t*k C�d CMk c� � � � � �"y,, �4�'1 K�'N �^1 .—«r +—« �.—« ;•"k �w, ��'� "���� ��y: .w=� .r=�i. n�-�w � � �,. . �c*1 �.y ^�^ �"^,� �..C9 �a� l"'w, rd"M "°'..�r� � "�C7 � e e r K.P �, �p �, »�, .� �, �CJ� r� C'��, � � � � d^*i �C^d� C•i... �'y � � � � � lL � CG Cf7 � � � � e„ � `�w �„" , . r � � � � � � � � � � � � � � � � � � � � `✓� '� � � � � � � � � � � � � � � � � � � � � � � � � � �� � � � � � �`� � � ��-"�' � ,� � w � �.� � �z a a a a c aaaa � � � � � � � � � � � � �cQ ¢ ¢ �' � � � � � � � � � � � � � � � � � � � � ��� � � � � ��� ���� � � General Manager Richard H.5olbrig a �� �r ��q�� ` ,� � Director5 O � V� O� ChriS Cefalu JameS R.JoneS ^�±�-� , � , � , Randy Vogelge5ang `� f ublic Util�ty DiStrict KellyShechan Eric Sehafer 1275 Meadow Cre�t Drive•South Lake Tahae•CA 96150-7401 f'hone 530 54�4-6474•Fax 530 541-0614•WWW.5�.U5 BOARD AGENDA ITEM 14.a TO: Board of Directors FROM: Tim Bledsoe, Customer Service Manager MEETING DATE: February 21, 2013 ITEM- PROJECT NAME: Conference with Legal Counsel- Existing Litigation 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: Y�� �.� � �� NO CHIEF FINANCIAL OFFICER: '��� NO -91- General Manager Richard H.5olbrig �" � '� ���"" Direetor5 ��� �o u�h T h c�r,5 C�a�u �/f C�V Jamee R.JaneS ��»,,,+ �...�... � , � � � Randy Vogelge5ang �ubl�c Ut�l��y D�Str�ct KellySheehan Eric Schafer 1275 Meadow Cr1est Drive•Sauth Lake Tahoe•CA 96150-74-01 Phone 530 544--647�4•Fax 530 541-0614•WWW.StpUG�.US BOARD AGENDA ITEM 14.b TO: Board of Directors FROM: Paul Sciuto, Assistant General Manager/Engineer MEETING DATE: February 21, 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 CVO6-0055-GW, United States District Court for the Central District of California. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: AITACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES �-�� NO CHIEF FINANCIAL OFFICER: �C�S NO ���� General Manager R.ichard H.Solbrig � �� � DirecYorS ✓""�� ��+� ChriS Cefalu 5n u-�h T h �ame5 R.�one5 Y � O� �andy Vogelge�ang �w" . . � � . Kell Sheehan :�� f ublic Ut�li�y DiStrict �rcSchafer 1275 Meadow Crest Drive•South Lake Tahoe�CA 96150-74-01 Phone 530 54�4-6474•Fax 530 541-0614•www.stpud.u5 BOARD AGENDA ITEM 14.c TO: Board of Directors FROM: Paul Sciuto, Assistant General Manager/Engineer MEETING DATE: February 21, 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 Court, Case No. BC459943, State of Nevada, et al. v. J-M Manufiacturing, et al. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES �� C� �, NO CHIEF FINANCIAL OFFICER: "�!'"�5 NO _��_ General Manager Richard H.Solbrig �- '� ��� � �""" D(rectors ������ o u� h � �4 ChriS Cefalu vJarneS R.JoneS �.�.. � �.�� ,� Randy Vogelge5ang i'ublic Utility DiS�ric-� KellySheehan Eric 5chafer 1275 Meadow Crest Drive•South Lake Tahoe•CA 96150-7401 f'hone 530 544-6474•Fax 530 541-0614•WWW.S��ULi.US BOARD AGENDA ITEM 14.d TO: Board of Directors FROM: Nancy Hussmann, Human Resources Director MEETING DATE: February2l, 2013 ITEM- PROJECT NAME: Public Employee Evaluation -General Manager REQUESTED BOARD ACTION: Evaluate General Manager 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 �L NO CHIEF FINANCIAL OFFICER: YES NO