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AP 05-16-13 yo�TH rAHO� ! _ -- - �: . A S@we• ' 1950 ' ws�0 `e��uri�mr o�s��`� SOUTH TAHOE PUBLIC UTILITY DISTRICT REGULAR BOARD MEETING AGENDA Thursday, May 16, 2013 2:00 P.M. District Board Room 1275 Meadow Crest Drive, South Lake Tahoe, California Richard Solbri , General Mana er Paul Sciuto, Assistant General Mana er :_. _. � _.. _ ,. .,. ,_ Eric W.Schafer, President BOARD MEMBERS 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 opportunity for members of the public to address the Board on any shorf non-agenda items that are within the subject matter jurisdiction of the District. No discussion or action can be taken on matters not listed on the agenda, per the Brown Act. Each member of the public who wishes to comment shall be allotted five minutes, and no more than three individuals shall address the same subject.) 3. CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR (For purposes of the Brown Act,all Action and Consent items listed give a brief description of each item of business to be transacted or discussed. Recommendations of the staff,as shown,do not prevent the Board from taking other action.) 4. ADOPTION OF CONSENT CALENDAR (Any item can be removed to be discussed and considered separately upon request.Comments and questions from members of the public,staff or Board can be taken when the comment does not necessitate separate action.) 5. CONSENT ITEMS BROUGHT FORWARD FOR SEPARATE DISCUSSION / ACTION 6. ITEMS FOR BOARD ACTION REQUESTED BOARD ACTION a. Extension of Temporary Water Supply Approve the First Amendment to Pg.43 Agreement with Lukins Water Company the Temporary Water Supply (Paul Hughes, Chief Financial Officer) AgfeeCTl2nt ' b. Tahoe Stateline Venture, LLC-The Chateau Approve Agreement Subject to Pg.47 Construction Agreement: Redevelopment Review by Staff and Legal Counsel Project 3 (Tim Bledsoe,Manager of Customer Service; Paul Sciuto, Assistant General Manager/Engineer) , REGULAR BOARD MEETING AGENDA-MAY 16, 2013 PAGE-2 c. Transfer of Tahoe Keys Customers and Authorize Legal Counsel and Staff Pg.63 Assets to the South Tahoe Public Utility to Negotiate and Prepare an Agree- District ment for the Transfer of Certain (Tim Bledsoe,n�anager of Customer Service; Tahoe Keys Customers and Assets Gary Kvistad, �egal Counsel) that will be Brought Back to the Board for Approvai after Discussion with Tahoe Keys Staff d. Fiscal Year 2013/14 Sewer Enterprise Fund Adopt Resolution No. 2929-13 Pg.65 Budget Adopting the Fiscal Year 2013/14 (Paul Hughes,Chief Financial Officer) Sewer Enterprise Fund Budget e. Fiscal Year 2013/14 Water Enterprise Fund Adopt Resolution No. 2930-13 Pg.�� Budget Adopting the Fiscal Year 2013/14 (Paul Hughes, Chief Financial Officer) Water Enterprise Fund Budget f. Payment of Claims Approve Payment (Payment of Claims Pg.77 will be distributed prior to,and at the Board meeting.) 7. 2:30 P.M. PRESENTATION a. ACWA (Association of California Water Agencies) Membership Benefits and Strategic Plan (Tim Quinn/ACWA Executive Director, Marcia Wulff/ACWA Region 3 Coordinator) 8. BOARD MEMBER REPORTS (Discussions may take place; however, no action will be taken.) 9. EL DORADO COUNTY WATER AGENCY PURVEYOR REPORT 10. GENERAL MANAGER REPORT(S) (Discussions may take place; however, no action will be taken 11. STAFF /ATTORNEY REPORT(S) (Discussions may take place; however, no action will be taken.) a. CaIPERS Future Rate Increases (Paul Hughes) 12. NOTICE OF PAST AND FUTURE MEETINGS / EVENTS Past Meetinqs / Events 05/02/13- Public Meeting re: 2013/2014 Budget 05/O6/13-ACWA (Association of California Water Agencies) JPIA Meeting OS/07/13-05/10/13 —ACWA Conference OS/15/13- ECC (Employee Communications Committee) Meeting Future Meetings / Events OS/27/13- District Office Closed (Memorial Day Holiday) 06/03/13-3:30 p.m. - Water and Wastewater Operations Committee Meeting at District 06/06/13-2:00 p.m.-STPUD Reg�lar Board Meeting at District REGULAR BOARD MEETING AGENDA-MAY 16, 2013 PAGE-3 13. CLOSED SESSION (The Board will adjourn to Closed Session to discuss items identified below. Closed Session is not open to the public; however, an 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 Pg.79 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 b. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Pg.81 Counsel - Existing Litigation re: Los Angeles County Superior Courf Case No. BC459943, State of Nevada, et al. v. J-M Manufacturing, et al. c. Pursuant to Government Code Section 54956.9(aj/Conference with Legal Counsel Pg.83 Existing Litigation re: EI Dorado County Superior Court Case SC20120227 GRCLT Condominium vs. South Tahoe Public Utility District 14. ACTION / REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION 15. ADJOURNMENT (To the next regular meeting, June 6, 2013, at 2:00 p.m.) The South Tahoe Public Utility District Board of Directors regularly meets the first and third Thursday of each month. A complete agenda packet, including all backup information is available for review at the meeting and at the District office during the hours of 8:00 a.m.-5:00 p.m.,Monday through Friday. A recording of the meeting is retained for 30 days affer minutes of the meeting have been approved. Items on this agenda are numbered for identification purposes only and will not necessarily be considered in the order in which they appear on the agenda. Designated times are for particular items only. Public Hearings will not be called to order prior to the time specified, but may occur slightly later than the specified time. Public participation is encouraged. Public comments on items appearing on the agenda will be taken at the same time the agenda items are heard;comments should be brief and directed to the specifics of the item being considered. Please provide the Clerk of the Board with a copy of all written material presented at the meeting.Comments on items not on the agenda can be heard during "Comments from the Audience;"however, action cannot be taken on items not on the agenda. *Backup materials relating to an open session item on this agenda,which are not included with the Board packet,will be made available for public inspection at the same time they are distributed or made available to the Board,and can be viewed at the District office,at the Board meeting, and upon request to the Clerk of the Board. The meeting location is accessible to people with disabilities. Every reasonable effort will be made to accommodate participation 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. y�uTH Tq�yO I � es- � A�ISeK'er ' 1950 • Ws�gt e��rn�mr u�s��`� CONSENT CALENDAR May 16, 2013 ITEMS REQUESTED ACTION a. Temporary Help for Information Systems Approve Renewal of Contract with Pg. i Department Biue Ribbon for a Temporary Special (Carol Swain, Information Systems Manager) Projects Technician, in the Estimated Amount of$24,400 b. Groundwater Protection Program - DWSPA Approve the Cost Proposal from Pg.s (Drinking Water Source Protection Area) Update Gnomon Inc. to Provide Professional (Ivo Bergsohn, Hydrogeologist) Services Needed to Update the District's DWSPA Datasets, Map, and GIS Tool, in the Estimated Amount of $19,750 c. Harrison Avenue Erosion Control Project Authorize Staff to Enter into an Pg. 13 (Julie Ryan,Senior Engineer) Agreement with the City of South Lake Tahoe to Provide the Relocation of Water and Sewer Utilities d. Meter Project Application to CDPH (California Adopt Resolution No. 2931-13 to Pg.27 Department of Public Health) CDPH for the Submission of a Meter (Lynn Nolan, Grants Coordinator) Project Funding Application through the Safe Drinking Water State Revolving Fund Program ' e. Regular Board Meeting Minutes: Approve Minutes Pg.31 April 18, 2013 I� (Eileen Eidam,Administrative Assistant) li f. Regular Board Meeting Minutes: Approve Minutes , Pg.35 May 2, 2013 I (Eileen Eidam,Administrative Assistant) ' g. Public Meeting Minutes: Approve Minutes , Pg.41 May 2, 2013 ' (Eileen Eidam,Administrative Assistant) South Tahoe Public Utility District■ 1275 Meadow Crest Drive ■South Lake Tahoe,CA 96150 Phone 530.544.6474■ Facsimile 530.541.0614•www.stpud.us General Manager Richard H.5olbrig r...----- i^1�850 • �gV� w�tg�, t ' /�""� /� Director5 � 1 1 V � / )j! Chris Cefalu � L�j ��l �ir� ��+� James R.Jones +�.r • � r � , Kandy Vogelgeeang i�u b I�c U t�i�-�y D�5tr�c-� Kelly 5heehan Eric 5chafer 1275 Meadow CneSt Drive•South lake Tahae•CA 96150-7401 Phone 530 5Q�4-�4-74•Fax 530 541-0614•www.stpucl.us BOARD AGENDA ITEM 4a TO: Board of Directors I , FROM: Carol Swain, Information Systems Manager MEETING DATE: May 16, 2013 ITEM-PROJECT NAME: Temporary Help for Information Systems Department REQUESTED BOARD ACTION: Approve renewal of contract with Blue Ribbon for a temporary special projects technician, in the estimated amount of$24,400. DISCUSSION: This position would assist the Information Systems Deparfment, working on technical projects such as creating records in the Laserfiche application, assisting with PC surplus procedures, updating software inventory compliance database, and other special projects as required. This employee would work a minimum of 16 hours per week, not to exceed 999 hours within the new fiscal year. SCHEDULE: July 1, 2012-June 30, 2013 COSTS: Estimated cost of$24,400 ACCOUNT NO: 1037-4405, 2037-4405 BUDGETED AMOUNT AVAILABLE: $20,000; $20,000 ATTACHMENTS: Temporary Employee Request, Temporary Employee Justification CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer 8� Water GENERAL MANAGER: YES i� NO � CHIEF FINANCIAL OFFICER: YES NO -1- ( South Tahoe Public Utility District Temporary Employee Request Date Received: Requesting Supervisor/Manager:_Cazol Swain, Info. Sys. Mgr, Temp Agency:_Blue Ribbon Phone: Tem ora Em lo ee Needs Preferred Start Date: 7/1/2013 Position Title Anticipated End Date: 6/30/2014 Special Projects Technician Position Description Skills/Experience This position would assist the Information Extensive computer skills; Knowledge of MS Systems Department staff, working on Office applications such as Word and Excel; ' technical projects such as creating records in Skills in installing operating systems and I, the Laserfiche application, assist with PC computer applications; Troubleshooting basic � surplus procedures, updating software computer issues inventory compliance data.base, organize documentation, and other special projects as required. Other Comments Hours: Minimum: 16 hours per week; not to exceed 999 hours for fisca12013-14. Temp Employee Pay Rate: $16.00 Temp Pre-Employment Process: Temp Salary Schedule: Drug Test XX_ Laborer/Clerical $15.00 Credit Check Skilled Laborer/Technical $16.00 Medical Exam Lead Laborer $17.00 DMV Record XX Lead Technical $19.00 -3- 5outh Ta hoe Richard Solbrig, General Manager public Utility DiStrict Board Members Chris Cefalu James R. Jones Eric Schafer Kelly Sheehan Randy Volgelgesang Memorandum . Date: May 3, 2013 To: Richard Solbrig, General Manager �� 7 -� "13 From: Carol Swain, Information Systems Manager Subject: Justification for Temporary Help for Information Systems Department � Information Systems Department is requesting temporary help to assist with day-to-day ;` computer systems support and documentation maintenance. The position would assist the Inforrnation Systems Department with the following duties: Working on technical projects such as assisting with the surplus procedures, updating the software and hardware inventory compliance database, organizing documentation, scanning,set up of new PC's for fiscal year 2013-14 and other special projects as required. Provide exemplary customer service—Information Systems �' The District employees and its operations are our customers. Having all technology systems operational at maximum efficiency is crucial for most of the District employees, and for the District's operations to function properly.The person in this position would be able to take on some of the simpler tasks that are currently done by the ITSS positions, making them more available to District staff for more complicated tasks. Continue to be outstanding financial stewards { This position will complete tasks for the I.S. department and, possibly, avoid overtime for � regular District staff. What-if Scenario for Unfilled Position - Information Systems These duties have been performed in the past by a temp position and the ITSS positions. " Without this additional help some of the tasks may not get done and others may require overtime for the ITSS positions. Thank you for your consideration. cc: Paul Hughes, Chief Financial Officer = € � = Page 1 �' -4- � ,' � �: , �. General Manager Richard H.5olbrig � t—a. w� D �� ,r�■ Directors � ( )� GhnS Cefalu �� "� James R.Jones .� �� i�� '� � + Randy Vogelge5ang l � ��jrt�j�j Kelly 5heehan Eric Schafer 1275 Meadow Crest Drive•South take Tahoe•CA 96150-740j Phone 53Q 54�4-6474�Fax 530 5q-1-p6i4•www.stpud.us BOARD AGENDA ITEM 4b , TO: Board of Directors FROM: Ivo Bergsohn, Hydrogeologist MEETING DATE: May 16, 2013 ITEM- PROJECT NAME: Groundwater Protection Program- DWSPA (Drinking Water Source Protection Area) Update REQUESTED BOARD ACTION: Approve the cost proposal from Gnomon, Inc. to provide professional senrices needed to update the District's DWSPA datasets, map and GIS tool, in the estimated amount of$19,750. DISCUSSION: In 2003, the District developed a DWSPA map showing the zones of contribution surrounding District sources (i.e. wells) and the locations of known and potential sources of groundwater contamination throughout the District's service area. The map was produced for inclusion in the District's Groundwater Management Plan and to satisfy CDPH (California Department of Public Health) Drinking Water Source Assessment and Protection Program requirements. The DWSPA was last updated in December, 2007. The 2007 DWSPA needs to be updated. The version of the GIS software used to create the existing map is outdated, not compatible with other GIS projects used by the Engineering Department, and is no longer supported by the IS Deparfment. In addition, the water sources and environmental datasets presented in the existing map needs to be updated along with the custom GIS mapping tool used to generate the wellhead protection areas. In 2003, the DWSPA was created by the District's Hydrogeologist, with assistance from Gnomon, Inc. for development of the base data and GIS mapping tool. Because of their direct experience with the programming needed for the GIS mapping tool and their familiarity working with the datasets used by the District's Hydrogeologist, staff recommends that the Board accept the proposal from Gnomon, Inc. to update the DWSPA, as specified in the Gnomon, Inc. scope of work, dated May, 2013. Half of the costs for this project will be supported by EDCWA (EI Dorado County Water Agency) funding available for the District's groundwater protection needs. -5- Ivo Bergsohn May i b,2013 k C } k i � p 3 F i SCHEDULE: All work to be completed by June 30, 2013 S ; COSTS: $19,750 (estimated) ' k ACCOUNT NO: 2029-4405/GWPPRO ` BUDGETED AMOUNT AVAILABLE: None- Funded with Contingencies ; ATTACHMENTS: Drinking Water Source Protection Area Datasets, Maps and WHPA GIS Tool Update Scope of Work, Gnomon Inc., May, 2013 I CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO -6- South Tahoe Public Utility District Drinking Source Water Protection Area Datasets, Maps, and WHPO , GIS Tool Update May, 2013 Gnomon, Inc 1601 Fairview Drive, Suite, F Carson City, Nevada 89701 Point of contact: Eric Ingbar, Director eingbar(a�g,nomon.com; 775 885-2305 x201 Scope of Work Gnomon, Inc. ("Gnomon") will perform the following tasks for South Tahoe Public Utility District ("the District") in order to achieve the goals of this project. Most work will be performed in our office, with trips to some data sources in order to receive information or datasets, discuss them, or review non-digital materials. Gnomon will report every two weeks or more frequently to the District's project contact. The biweekly report may be in the form of a conference call or an email. The report will state progress on each task, problems encountered, and activities planned in the next two week period. All geospatial data products will be delivered in the format and projecdon of the District's choosing. The exact format will be decided upon in discussion with District staff. The major tasks shown below follow directly from those discussed with the District. The budget section also follows this task list. Major Tasks Gnomon, Task I. Update Hazardous Materials and Underground Storage Tank (UST) Facilities shapefiles using current information from the SWRCB Geotracker and DTSC Envirostor databases. Gnomon will contact the administrators of each dataset to verify when they were last updated. Deliverable product: Updated spatial datasets with attributes matching existing attributes for known locations of hazardous materials and underground storage tanks. Gnomon,Inc. � —7— Task 2. Update the Dry Wells spatial dataset and Storm Water Detention Basin spatial dataset using current GIS information available from the City of South Lake Tahoe. Gnomon will obtain current digital information from the City of South Lake Tahoe for the storm water detention basins and dry wells within and nearby to the District's service ara. Gnomon will also meet with the City to verify the status of the data. DeliveTable product: Updated spatial datasets with attributes matching existing attributes. Task 3. Update the Potential Contaminating Activity (PCA) shapefile using new information gleaned from City of SLT and El Dorado County Business license E databases. Gnomon will work with the two local governments to obtain lists and addresses of businesses that contain PCA materials or are engaged in activities that use them. Each address will then be geocoded to yield a location. The current spatial dataset will be updated and attributes may also be added to each location of a PCA describing the nature of the PCA and, if possible, the length of its tenure at that location. Deliverable product: Updated spatial datasets with attributes matching existing attributes and perhaps enhanced attributes too. Task 4. Update the Private Well and Small Provider Water System Well spatial r datasets using the STPUD Well Report.xlsx. Gnomon will update the existing dataset with this new information. � � 'i Deliverable product: Updated spatial dataset with attributes matching existing attributes and perhaps enhanced attributes too. Task 5. Update the WHPA GIS mapping tool to run and be fully functional in ArcMap version 10.x. Gnomon will re-write the code in the WHPA tool using current : technologies (Python, .NET) so that it runs completely in ArcGIS for Desktop release { 10.0 and 10.1. Deliverable product: Updated tool as an ArcGIS for Desktop Add In, reference software code for the tool. Task 6. Create a complete ArcMap project file of the updated DSWPA map with all 0. supporting shapefiles/layers/templates. Gnomon will work with District Staff to re- � create the existing paper map set at an appropriate scale, with an appropriate ' background (or set of backgrounds). As well, Gnomon will create a project template for � printing new versions of the maps as data or background datasets (e.g., aerial � imagery) are updated. _ � Deliverable product: ArcGIS for Desktop v10.x project file containing references to all � data, symbol sets, and layouts or templates used to create maps. A brief description of � easiest points of alteration to generate new maps. � � F i � i � Gnomon,Inc. 2 I —$— Task 7. Prepare a supporting project report that documents all of the data and data sources used in the updated DSWPA map along with a description and users guide for the updated WHPA mapping tool as an appendices to the project report. Deliberable products: Short narrative report summarizing activities; a short report on the data sources, subjective data quality, and currency of data for each of Tasks 1 through 4; a user guide for the new release of the WHPA tool; appropriate documentation for use of the reference project created in Task 6. � � Gnomon,Inc. 3 -9- i i Cost Estimate Gnomon's cost estimate is presented below in two forms: as an overall project estimate, and then broken out by labor category and cost. Gnomon bills monthly with net 30 day terms. We anticipate this being a time and materials contract and our costs below presume the scope and assumptions above. For this project,we will use the following labor categories: Programmer 2—a senior programmer with 5+years of experience. Project Manager—a project manager with 5+years of experience GIS Specialist 1 —a GIS specialist with 5+years of experience Data Technician 2—a GIS and database technician with 3 +years of experience in working with GIS and relational databases and public record sources. Item Cost Task 1. Updat Haz Matl.and UST $946.00 Task 2. Update dry wells and stormwater detention basins $1,259.90 Task 3. Update PCA data from CSLT and EI Dorado County $1,885.70 Task 4. Private well and small provider update $698.00 Task 5. Update WHPA to ArcGIS 10.0 and 10.1 $4,508.00 Task 6.ArcMap 10.x Map Library and Cartography $5,664.00 Task 7. Project report, user guide,meetings,general communications $4,765.70 Labor $19,490.00 Expenses(mileage) $237.30 TOTAL 519,727.30 Cost by labor category(labor only;dollars in upper matrix, hours in lower) Data Tech 2 GIS Spec. 1 Proj Mgr. Programmer 2 560 170 108 108 Task 1 840 170 108 108 Task 2 1120 340 216 108 Task 3 420 170 108 0 Task 4 280 340 432 3456 Task 5 1400 3400 432 432 Task 6 280 1360 2592 432 Task 7 Hours 19490 70 85 108 108 RATE 8 2 1 1 Task 1 12 2 1 1 Task 2 16 4 2 1 Task 3 6 2 1 0 Task 4 4 4 4 32 Task 5 20 40 4 4 Task 6 4 16 24 4 Task 7 220 Gnomon,Inc. 4 -11- f Project Schedule Gnomon will begin work immediately upon a verbal notice to proceed. � Data update and cartography are one part of the project(Tasks 1 through 4 and Task 6). We will f begin the update process immediately. We anticipate turning over datasets every week, starting in the week of May 20. This gives us enough time to obtain information from local government sources and meet with them. We expect all data to be delivered by June 14,2013. Creating the WHPA tool is a separate part of the project. The programming for the new tool will begin in the latter half of May,2013, with a draft of the tool completed and delivered for testing by June 14. Task 6 and Task 7 will be the focus of work from June 14 onward until June 28,when final products will be delivered to the District. � Project Staff Gnomon has an experienced staff of data technicians, managers, and programmers. At the present time, we anticipate using the following staff inembers for this project. Our web site (www.�nomon.com) contains short professional sketches for each staff member. Data Technician 2 - Sandra Atkinson GIS Specialist 1 -Jeremy Hall, M.A., GISP Project Manager- Eric Ingbar, M.A. , GISP Programmer 2-Adam Johnson '` � r E � Gnomon,Inc. 5 —12— s General Manager Richard H.Solbrig _ �Fl�� Director5 ��.��' � � V V� �� Chris Cefalu JameS R.Jones _�.•, ;,�,,; • r • � � RandyVogelgesang 1�ubl�c U�G�lity D�Str�ct KellySheehan Eric Schafer 1275 Meadow Crest Drive•5outh iake Tahve•CA 96150-74Q1 F'hone 530 54�4-�474•Fax 530 54-1-06i4•WWW.S�ULI.US BOARD AGENDA ITEM 4c TO: Board of Directors FROM: Julie Ryan, Senior Engineer MEETING DATE: May 16, 2013 ITEM- PROJECT NAME: Harrison Avenue Erosion Control Project REQUESTED BOARD ACTION: Authorize Staff to enter into an agreement with the City of South Lake Tahoe to provide the relocation of water and sewer utilities. DISCUSSION: The City of South Lake Tahoe is cuRently planning an Erosion Control Project in the Harrison Avenue area of the AI Tahoe neighborhood. As part of this project, the City and Staff have identified several District facilities that will require modification to accommodate the City's facilities. As a condition of the City's funding, the funding agency has required that the City and the District enter into an agreement formalizing the District's responsibility for the City's cost to relocate District facilities. The estimated cost to relocate water facilities is $32,010, and includes primarily lowering 4 water mains and 3 water services at storm drain crossings, and bringing valve boxes to grade. The estimated cost to relocate sewer facilities is $2,585, and includes primarily bringing manholes to grade. This project references the AI Tahoe EIP, and as such the District cost for relocating utilities is eligible for 2/3 reimbursement. SCHEDULE: May to October, 2014 COSTS: Approximately$34,595 ACCOUNT NO: 1029-8177/ECHARR ($2,585); 2029-8359/ECHARR ($32,010) BUDGETED AMOUNT AVAILABLE: $75,000; $100,000 ATTACHMENTS: Utility Agreements CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water/Sewer GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO -13- City Of South Lake Tahoe Local Assistance Procedures Manua) Utility Agreement EXHIBIT 14-F UTILITY , AGREEMENTS Exhibit 14-F (City Of South Lake Tahoe) UTILITY AGREEMENT County Route P.M. Project# EI Dorado US-SO 7-79 PWC Fed.Aid.No.CML 5398(009) Owner's File FEDERAL PARTICIPATION: On the Project : Yes On the Utilities: No UTILITY AGREEMENT NO. 03-UT-02 1'he City OfSouth Lake Tahoe hereinafter called "LOCAL AGENCY"proposes to: Improve Harrison Avenue streetscape and water quality.The project area can be described as the area bordered by Lakeview Avenue on the north, Riverside Avenue on the west, Modesto Avenue on the south and Harrison Avenue on the east, in South Lake Tahoe, Eldorado County,California.The project will include:grading and paving all roads; new sidewalks with crosswalks and ADA ramps at all intersections; reduction of five streets to one-way travel; provide 229 on-site parking spaces;and storm system redesign to convey both public and private runoff. And Name: South Lake Tahoe Public Utility District Address: 1275 Meadow Crest Dr. South Lake Tahce,CA 96150 hereinafter called "OWNER," owns and maintains water facilities; within the limits of LOCAL AGENCY's project that requires relocation of said facilities to accommodate LOCAL AGENCY's project. It is hereby mutually agreed that: I. WORK TO BE DONE "In accordance with Notice to Owner No. 2 dated 04/16/2013 LOCAL AGENCY shall Page 1 of 3 April 16,2013 -15- City Of South Lake Tahoe Local Assistance Procedures Manual Utility Agreement EXHIBIT 14-F relocate OWNER water as shown on LOCAL AGENCY's contract pians _ for the improvement of Harrison Avenue Streetscape and Water Qualitv .which by this reference are made a part hereof. OWNER hereby acknowledges review of LOCAL AGENCY's plans for work and agrees to the construction in the manner proposed. Deviations from the plan described above initiated by either the LOCAL AGENCY or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner.Such Revised Notices to Owner,approved by the LOCAL AGENCY and acknowledged by the OWNER,will constitute an approved revision of the plan described above and are hereby s made a part hereof.No work under said deviation shall commence prior to receipt by the OWNER of the Revised Notice to Owner.Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner.OWNER shall have the right to inspect the work during construction. Upon completion of the work by LOCAL AGENCY,OWNER agrees to accept ownership and maintenance of the constructed facilities ; and relinquishes to LOCAL AGENCY ownership of the replaced facilities." ; II. LIABILITY FOR WORK "The existing facilities are located within the LOCAL AGENCY's right of way under permit and will be relocated at OWNER's expense under the provisions of Sections(673)and(680) of the Streets and Highways Code." € i III. PERFORMANCE OF WORK "OWNER shall have access to all phases of the relocation work to be performed by LOCAL AGENCY for the purpose of inspection to ensure that the work is in accordance with the � specifications contained in the Highway Contract;however,all questions regarding the work ` being performed will be directed to LOCAL AGENCY's Resident Engineer for their � evaluation and final disposition." 4 IV. PAYMENT FOR WORK � "The OWNER shall pay its share of the actual cost of said work included in the LOCAL � AGENCY's highway construction contract within 90 days after receipt of LOCAL ¢ AGENCY's bill;compiled on the basis of the actual bid price of said contract.The estimated ; cost to OWNER for the work being performed by the LOCAL AGENCY's highway contractor is$ 32,010.00 ." _` i h ? "In the event actual final relocation costs as established herein are less than the sum of money � advanced by OWNER to L,OCAL AGENCY,LOCAL AGENCY hereby agrees to refund to p OWNER the difference between said actual cost and the sum of money so advanced. In the � event that the actual cost of relocation exceeds the amount of money advanced to LOCAL 4 � AGENCY, in accordance with the provisions of this Agreement,OWNER hereby agrees to �' reimburse LOCAL AGENCY said deficient costs upon receipt of an itemized bill as set forth � � herein." ' � F � V. GENERAL CONDITIONS � "OWNER shall submit a Notice of Completion to the LOCAL AGENCY within 30 days of � the completion of the work described herein." ; � � � � Page 2 of 3 April 16,2013 -16- ' City Of South lake Tahoe Local Assistance Procedures Manual Utility Agreement EXHIBIT 14-F "If LOCAL ANGENCY'S project which precipitated this Agreement is canceled or modified so as to eliminate necessity of work by OWNER, LOCAL AGENCY will notify OWNER in writing, and LOCAL AGENCY reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement." IN WITNESS WHEREOF,the above parties have executed this Agreement the day and year above written. OC L AGENCY (OWNER) �y' By: (Name) ai,�„� M�.r,+�c, (Name) Local Agency Director (Title) Date: �-z 3 _ �� Date: � Distribution: 1)Owner,2)Utility Coordinator,3)DLAE-File,4)District Utility Coordinator-File Page 3 of 3 April 16,2013 —17— � City Of South Lake Tahoe Page 1 of 1 NOTICE TO OWNER EXHIBIT 14-D NOTICE TO OWNER Number 2 District County Route Post Mile E.A. 3 EI Dorado US-50 77-79 FEDERAL AID NUMBER CML 5398(009) OWNER'S FILE NUMBER OATE fREEWAY �/16/2013 ❑Yes �NO ', '� I To:Attn:Julie Ryan South Tahoe Public Utility District 1275 Meadow Crest Dr. South Lake Tahoe, CA 96150 Because of the Citv ofSouth Lake Tahoe's transportation project to improve Harrison Avenue's water qualitv and streetscape. Including•grading and paving all roads•new sidewalks with crosswalks and ADA ramps at all intersections• reduction of five streets to one-wav travel• provide 229 on-site parking spaces• and storm svstem redesiQn to convey both public and private runof}:The project is located in South Lake Tahoe and EI Dorado Countv. which affects your facilities: water located within the project area as shown on the Harrison Ave. Streetscape Improvement Plan pages C14-C24. You are hereby ordered to relocate the conflicting water mains, laterals, and valve covers as shown on the above mentioned plans. Relocation work will be performed by the City's contractor at STPUD's expense. Notify Jim Marino at telephone number 530-542-6027 , 72 hours prior to the start of any work in the area, and 24 hours prior to subsequent restart when your work schedule is interrupted. The relocation of facilities will be performed by the awarded contractor concurrent with the project'�construction. Construction is scheduled to begin on Mq�� ,Zbt� and end on eX.f'. �,k ��_ Liability is 100%Owner Pursuant to County Permit. Liability was acknowledged in the"Citv of South Lake Taho�Harrison Ave ECP Utility Relocation Claim of Responsibility"letter dated O1/31/2013 and Utility Agreements 03-VT-02. Owner Rep:Julie Rvan,STPUD En�ineer . . � cc:Resident Engineer me) T;,,� /V�qr i,^0 P�t Local Agency Director -19- City Of South Lake Tahoe Page 1 of 1 NOTICE TO OWNER EXHIBIT 14-D THIS NOTICE DOES NOT CONST[TUTE A PERMIT. OBTAIN AN ENCROACHMENT PERMTT BEFORE STARTING WORK, Distribution: 1)Owner, 2)Utility Coordinator—File,3)RE—File 4)DLAE—File,5)District Utility Coordinator-File � —20— $ �: City Of South Lake Tahoe Local Assistance Procedures Manual Utility Agreement EXHIBIT 14-F UTILITY AGREEMENTS Exhibit 14-F ; (Ciry Of South Lake Tahoe) UTILITY AGREEMENT County Route P.M. Project# EI Dorado US-50 7-79 PWC Fed.Aid.No.CML 5398(009) Owner's File FEDERAL PARTICIPATION: On the Project : Yes On the Utilities: No UTILITY AGREEMENT NO. 03-UT-OS The Ciry Of South Lake Tahoe hereinafter called "LOCAL AGENCY"proposes to: Improve Harrison Avenue streetscape and water quality.The project area can be described as the area borde�ed by Lakeview Avenue on the north, Riverside Avenue on the west, Modesto Avenue on the south and Harrison Avenue on the east, in South Lake Tahoe, Eldorado County,California.The project will include:grading and paving all roads; new sidewalks with crosswalks and ADA ramps at all intersections; reduction of five streets to one-way travel; provide 229 on-site parking spaces;and storm system redesign to convey both public and private runoff. And Name: South Lake Tahce Public Utility District Address: 1275 Meadow Crest Dr. South Lake Tahoe,CA 96150 hereinafter called "OWNER," owns and maintains sewer facilities; within the limits of LOCAL AGENCY's project that requires relocation of said facilities to accommodate LOCAL AGENCY's project. It is hereby mutually agreed that: I. WORK TO BE DONE "In accordance with Notice to Owner No. 5 dated 04/16/2013 ,LOCAL AGENCY shall Page 1 of 3 Apri116,2013 -21- City Of South Lake Tahoe Local Assistance Procedures Manual Utility Agreement EXHIBIT 14-F relocate OWNER sewer facilities as shown on LOCAL AGENCY's contract plans for the improvement of Harrison Avenue Streetscape and Water Qualitv which by this reference a�e made a part hereof. OWNER hereby acknowledges review of LOCAL AGENCY's plans for work and agrees to the construction in the manner proposed. Deviations from the plan described above initiated by either the LOCAL AGENCY or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner,approved by the LOCAL AGENCY and acknowledged by the OWNER,will constitute an approved revision of the plan described above and are hereby made a part hereof.No work under said deviation shall commence prior to receipt by the OWNER of the Revised Notice to Owner.Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner.OWNER shall have the right to inspect the work during construction. Upon completion of the work by LOCAL AGENCY, OWNER agrees to accept ownership and maintenance of the constructed facilities and relinquishes to LOCAL AGENCY ownership of the replaced facilities." II. LIABILITY FOR WORK "The existing facilities are located within the LOCAL AGENCY's right of way under permit ' and will be relocated at OWNER's expense under the provisions of Sections(673)and(680) _ of the Streets and Highways Code." ; � �IIL PERFORMANCE OF WORK t� "OWNER shall have access to all phases of the relocation work to be performed by LOCAL F AGENCY for the purpose of inspection to ensure that the work is in accordance with the � specifications contained in the Highway Contract; however,all questions regarding the work `Y � being performed will be directed to LOCAL AGENCY's Resident Engineer for their evaluation and final disposition." IV. PAYMENT FOR WORK "The OWNER shall pay its share of the actual cost of said work included in the LOCAL AGENCY's highway construction contract within 90 days after receipt of LOCAL AGENCY's bill;compiled on the basis of the actual bid price of said contract. The estimated cost to OWNER for the work being performed by the LOCAL AGENCY's highway contractor is$ 2,585.00 " z "In the event actual final relocation costs as established herein are less than the sum of money advanced by OWNER to LOCAL AGENCY, LOCAL AGENCY hereby agrees to refund to OWNER the difference between said actual cost and the sum of money so advanced. In the event that the actual cost of relocation exceeds the amount of money advanced to LOCAL AGENCY, in accordance with the provisions of this Agreement,OWNER hereby agrees to - reimburse LOCAL AGENCY said deficient costs upon receipt of an itemized bill as set forth herein." V. GENERAL CONDITIONS "OWNER sha(1 submit a Notice of Completion to the LOCAL AGENCY within 30 days of the completion of the work described herein." Page 2 of 3 April 16,2013 -22- ; � City Of South Lake Tahoe Local Assistance Procedures Manual Utility Agreement EXHIBIT 14-F "If LOCAL ANGENCY'S project which precipitated this Agreement is canceled or modified so as to eliminate necessity of work by OWNER, LOCAL AGENCY will notify OWNER in writing,and LOCAL AGENCY reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditioiis for terminating the Agreement." i � I IN W[TNESS WHEREOF,the above parties have executed this Agreement the day and year above written. LO L AGENCY (OWNER) By: � ` By. (Name) (Name) Local Agency Director (7'itle) Date: !-/-Lz _� � Date: Distribution: 1)Owner,2)Utility Coordinator,3)DLAE-File,4)District Utility Coordinator-File Page 3 of 3 April 16,2013 —23— City Of South Lake Tahoe Page 1 of 1 NOTICE TO OWNER EXHIBTT 14-D NOTICE TO OWNER Number 5 District County Route Post Mile E.A. 3 EI Dorado US-50 77-79 FEDERAL AID NUMBER CML 5398(009) OWNER'S FILE NUMBER DATE FREEWAY �-�16/2013 ❑Yes �NO To:Attn:Julie Ryan South Tahoe Public Utility District 1275 Meadow Crest Dr. - South Lake Tahoe, CA 96150 Because of the City of South Lake Tahoe's transportation project to improve Harrison Avenue's water Auality and streetscape. Including:Qrading and paving all roads: new sidewalks with crosswalks and ADA ramps at all intersections: reduction o�five streets to one-way travel: provide 229 on-site parking spaces: and storm svstem redesign to convey both public and private runof3:The project is located in South Lake Tahoe and EI Dorado Countv. wluch affects your facilities: sewer located within the project area as shown on the Harrison Ave. Streetscape Improvement Plan pages C14-C24. You are hereby ordered to relocate the conflicting manholes and cleanout covers as shown on the above mentioned plans. Relocation work will be performed by the City's contractor at STPUD's expense. Notify Jim Marino at telephone number 530-542-6027 , 72 hours prior to the start of any work in the area, and 24 hours prior to subsequent restart when your work schedule is interrupted. The relocation of facilities will be performed by the awarded contractor con urrent with the project's construction. Construction is scheduled to begin on I .- and end on Liability is 100%Owner Pursuant to County Permit. Liability was acknowledged in the"Ci'ty of South Lake Tahoe-Harrison Ave ECP, Utility Relocation Claim of Responsibilitv"letter, dated O1/31/2013 and Utilitv A�reements 03-LTT-O5. Owner Rep:Julie Rvan,STPUD En�ineer cc:Resident Engineer y ame) 'T;,,� M�,�;,�o P�t Local Agency Director -25- f City Of South Lake Tahoe Page 1 of 1 NOTICE TO OWNER EXHIBIT 14-D THIS NOTICE DOES NOT CONSTITUTE A PERM[T. OBTAIN AN ENCROACHMENT PERMIT BEFORE STARTING WORK, Distribution: 1)Owner, 2)Utility Coordinator—File,3)RE—File 4)DLAE—File,5)District Utility Coordinator-File —26— General Manager Richard H.5olbrig � • 1950 • G� "$t�r /1 �� Director5 V ChriS Gefalu JameS R.Jones :�.: • • • • ,� Randy Vogelge5ang - �'u b I�c U t�I ity C?f 5-tri ct Kelly 5heehan Eric 5chafer 1275 Meadow CreSt prive�Sauth Lake Tahoe•CA 96150-740� Phone 53Q 544-6474��ax 530 541-Q614•www stpud.u5 BOARD AGENDA ITEM 4d TO: Board of Directors FROM: Lynn Nolan, Grant Coordinator MEETING DATE: May 16, 2013 ITEM-PROJECT NAME: Meter Project Application to CDPH (California Deparfment of Public Health) REQUESTED BOARD ACTION: Adopt Resolution No. 2931-13 to CDPH for the submission of a meter project funding application through the Safe Drinking Water State Revolving Fund Program. DISCUSSION: The CDPH has chosen the District meter installation project for funding in FY 2013. This project consists of the installation of approximately 1522 residential water meters on existing service connections located throughout the District's service area. The total cost of this project is approximately $2,876,000. The CDPH will evaluate the application for approval of a loan that will have either principal forgiveness or an interest rate payback. The District is eligible for a principal forgiveness loan based on the income status of the community, however, these funds are limited and there may not be enough to cover this project. The District has the right to accept or reject the loan proposal from CDPH when it is offered. District staff will provide a recommenda- tion based on the financing terms offered. SCHEDULE: Application must be submitted by June 17, 2013 COSTS: N/A ACCOUNT NO: N/A BUDGETED AMOUNT AVAILABLE: N/A ATTACHMENTS: Resolution No. 2931-13 in support of submitting an application to CDPH CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water 8�Sewer GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO -27- � RESOLUTION NO. 2931-13 2 3 A RESOLUTION BY THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT TO THE 4 STATE OF CALIFORNIA DEPARTMENT OF PUBLIC HEALTH FOR THE SUBMISSION OF A METER PROJECT FUNDING APPLICATION THROUGH 5 THE SAFE DRINKING WATER STATE REVOLVING FUND PROGRAM 6 7 WHEREAS, the South Tahoe Public Utility District has the authority to construct, g operate, and maintain the STPUD water system; and 9 10 WHEREAS, the South Tahoe Public Utility District desires to enhance the provision 11 °nd protection of the drinking water supplied to consumers of STPUD; 12 NOW, THEREFORE BE IT RESOLVED by the South Tahoe Public Utility District that, 13 pursuant and subject to all of the terms and provisions of the SDWSRF (Safe Drinking 14 y�ater State Revolving Fund) program, application be made to the State of California 15 Department of Public Health for funding; and 16 17 BE IT FURTHER RESOLVED that the General Manager, Assistant General Manager �g and/or Chief Financial Officer of said South Tahoe Public Utility District are hereby 19 authorized and directed to cause the necessary data to be prepared and application 20 to be signed and filed with the State of California Department of Public Health. 21 WE, THE UNDERSIGNED, do hereby certify that the above and foregoing 22 resolution was duly and regularly adopted and passed by the Board of Directors of the 23 South Tahoe Public Utility District at a regular meeting duly held on the l bth day of May, 24 2013, by the following vote: 25 AYES: 26 NOES: ABSENT: 27 Eric Schafer, Board President 28 ' ATTEST: 29 30 Kathy Sharp, Clerk of the Board -29- �II ( . S�v-tH rqy�F � - - " �= �s�wer • 1950 •�st`t�G� ��C UTILITY 0�� SOUTH TAHOE PUBLIC UTILITY DISTRICT Richard Solbri , General Mana er Paul Sciuto, Assistant General Mana er . ��. �. Eric W.Schafer, President BOARD MEMBERS James R. Jones, Vice President Chris Cefalu, Director Rand Vo el esan , Director Kell Sheehan, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT APRIL 18,2013 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, April 18, 2013, 2:00 p.m., at the District Office, located at 1275 Meadow Crest Drive, South Lake Tahoe, California. BOARD OF DIRECTORS: ROLL CALL President Schafer; Directors Jones, Vogelgesang, Cefalu. Director Sheehan was absent. STAFF: Solbrig, Sciuto, Sharp, Hughes, Cocking, Ryan, C. Stanley, Cotulla, Van Gorden, Bledsoe, Cullen, Eidam, Skelly, Curtis, Thiel, Swain, Cullen, Kosciolek, Attorney Kvistad G U ESTS: Brooke Laine/Councilwoman, City of South Lake Tahoe, Danny Lukins and Jennifer Lukins/ Lukins Water Company, Joe Hanson/Meta Research, Kae Reed/Lake Tahoe News � � Consent Item d (Temporary Collections Help for CORRECTIONS TO ' Customer Service) was brought forward for discussion prior AGENDA OR CONSENT !' to Board action. _ ---- --— --- — -- _-----��L-EfJ��o ---- - Moved Cefalu /Second Jones / Sheehan Absent / Passed CONSENT CALENDAR to approve the Consent Calendar as amended: a. Wireless Network at Plant-Authorized award of contract to Netvad, in the estimated amount of $56,122.72; b. Server Room Cooling Efficiency Study Implementation- Approved purchase of FlowLogix Solution and Implementation from Technology Connection, in the a.�qunt of $25,000; E REGULAR BOARD MEETING MINUTES-APRIL 18,2013 PAGE-2 c. Water Systems Optimization Project- (1) Approved contract Amendment A to Task Order 1 to West Yost Associates, in the amount of �44,886; and (2) Approved contract Amendment A to Task Order 2 to Kennedy Jenks Consultants, Inc., in the amount of$29,579.93; d. See Consent Item Brought Forward; � e. 2007 Sewer Debt Refinancing-Approved Resolution No. 2926-13 authorizing the execution and delivery of a loan agreement to refinance a 2007 Sewer Revenue Installment Sale Agreement of k the District, and approved related agreements and actions; f. Board Policy Section 2010: Election of Directors-Approved amendment clarifying District elections will take place on even- numbered years, and other minor language changes; g. Approved Regular Board Meeting Minutes: April 4, 2013. _ CONSENT ITEM BROUGHT FORWARD FOR DISCUSSION/SEPARATE BOARD ACTION ` Staff gave an update on the status of delinquent accounts, and TEMPORARY COLLECTIONS relayed the benefits and savings that would be realized if a HELP FOR CUSTOMER temporary employee were hired to handle collection services. SERVICE � (Consent Item d) ; f Joe Hanson, Meta Research, gave a power point presentation PRESENTATION: SUMMARY covering the findings of the 2012 Customer Satisfaction Tele- ANALYSIS OF CUSTOMER Phone Survey of 400 residential and commercial District SATISFACTION SURVEY { customers. Overall, the impressions of the District remain (JOE HANSON, META � favorable. RESEARCH) __ __ _ ITEMS FOR BOARD ACTION Jennifer Lukins and Danny Lukins, Lukins Water Company, REQUEST TO APPEAR requested authorization to allow installation of a pressure trip BEFORE THE BOARD valve at the current intertie for emergency water service only, RECEIVED FROM LUKINS and to upgrade infrastructure and pay the capacity charge in WATER COMPANY TO the amount of$147,566.62 for emergency services. Concerns PRESENT PERMANENT among staff incl�de the impact of District water supply during SOLUTION TO SUPPLY FIRE peak usage months, and the precedent set by authorizing this PROTECTION WATER TO service as this request does not fit into the District's rate structure. THE TJ MAXX PROPERTY It was the consensus of the Board to direct staff to contact the City Fire Department to determine pressure requirements so adequate fire suppression can be provided; and to also provide a recommendation regarding development of a conceptual contract since this situation does not fit in the standard rate structure. No Board action -32- REGULAR BOARD MEETING MINUTES-APRIL 18, 2013 PAGE-3 Staff recommended the Board reject all three bids received 2013 STATE STREETS WATER- since they were found to be non-responsive to bid requirements. LINE PROJECT The project will need to be rebid, and now due to time constraints, must be reduced in size in order to comptete portions of it this construction season. The project would include the Pioneer Trail portion, and a parf of Michael Avenue with priority cross streets that have the most leaks. The rest of the planned project will be completed in 2014. It was noted that the entire project must be completed within two years to maintain the tax exempt status that came with the financial borrowing. Moved Jones /Second Cefalu / Sheehan Absent/ Passed to reject all bids and to go out to bid at a later date in multiple contracts over multiple construction seasons. SLT Pacific Associates req�ested a sewer main extension agree- SLT PACIFIC ASSOCIATES - ment to service the Aspens project on Pioneer Trail where no ASPENS SEWER MAIN main sewer main currently exists. Applicant will be installing 180' EXTENSION of 6" sewer main and two 6" service lines coming into the District's manhole. Moved Jones /Second Cefalu /Sheehan Absent/ Passed to authorize execution of a sewer main extension agreement, with final terms subject to approval by Staff and Legal Counsel. Customers requested the transfer of three sewer units from Pomo TRANSFER OF SEWER UNITS Road to Glorene Avenue. The home, originally located on USFS FOR FRANK AND DELMA (United States Forest Service) land, was destroyed by a fire. The CARSON USFS terminated the customer's Special Use Permit and will not allow the home to be rebuilt. Therefore, the sewer units owned by the customer cannot be used on that parcel. The TRPA Basin Plan was revised to encourage movement of development from outlying and sensitive areas to the interior of the city. Staff is recommending approval of this resolution as it would support the concept of the Plan and satisfy the needs of this unique situation. Moved Voqelaesanq /Second Cefalu / Sheehan Absent / Passed to adopt Resolution No. 2927-13, authorizing the transfer of three sewer units from 881 Pomo Road to 715 Glorene Avenue. Moved Cefalu /Second Vo4elgesang /Sheehan Absent/ PAYMENT OF CLAIMS Passed to approve payment in the amount of$713,702.55. Director Jones reported the ACWA (Association of California BOARD MEMBER REPORTS Water Agencies) JPIA meeting and Spring Conference and Exhibition will be held in May. He also mentioned a recent MTBE lawsuit out of New Jersey that was just settled. President Schafer reporfed on the upcoming CASA (California Association of Sanitation Agencies) Conference and encouraged attendance from other Board Members. -33- ___ � REGULAR BOARD MEETING MINUTES-APRIL 18, 2013 PAGE-4 Director Jones reported the current budget of$400,000 has been EL DORADO COUNTY tentatively approved which will cover many projects including WATER AGENCY the District's hydro-electric project design, and water conserva- PURVEYOR REPORT tion outreach programs. Richard Solbriq reported he will give a presentation to the Rotary GENERAL MANAGER k Club of South Lake Tahoe on Jvly 17. REPORT '' �: Attorney Kvistad stated he will be attending the CASA STAFF/ATTORNEY REPORT Conference on Friday, April 26. ` 3:30 P.n�t.-3:45 P.nn. MEETING BREAK AND ADJOURNMENT TO # CLOSED SESSION 4:00 P.►vi. RECONVENED TO OPEN : y SESSION _ ; ACTION / REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION °' a. Pursuant to Government Code Section 54956.9(a)/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 reporfable Board action. 4:00 P.►vt. ADJOURNMENT �: Eric W. Schafer, Board President South Tahoe Public Utility District ATTEST: Kathy Sharp, Clerk of the Board i South Tahoe Public Utility District ; By: Eileen Eidam -34- ; ;: $ ��uTH Tqy�F _se�_ -__..�.._, ��et � °r • 1950 •`l'�a G e��C UTILfTY D��` SOUTH TAHOE PUBLIC UTILITY DISTRICT Richard Solbri , General Mana er Paul Sciuto, Assistant General Mana er Eric W.Schafer, President � BOARD MEMBERS James R. Jones, Vice President Chris Cefalu, Director Rand Vo ef esan , Director Kell Sheehan, Director REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT MAY 2, 2013 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, May 2, 2013, 2:00 p.m., at the District Office, located at 1275 Meadow Crest Drive, South Lake Tahoe, California. BOARD OF DIRECTORS: ROLL CALL President Schafer; Directors Jones, Vogelgesang, Sheehan, Cefalu STAFF: � Solbrig, Sciuto, Hughes, Ryan, C. Stanley, Cotulla, C. Bartlett, Cullen, Thiel, Alves, Curtis, Eidam, Attorney Herrema Moved Voaelaesanql Second Cefalu / Passed Unanimous� CONSENT CALENDAR to approve the Consent Calendar as submitted: a. Financial Transaction Authorization-Adopted Resolution No. 2928-13 authorizing certain staff to conduct financial transactions superseding Resolution No. 2850-08; b. Purchase of New Backhoe for Underground Repair Water Department-Authorized staff to advertise for bids for new backhoe; c. Headworks Replacement Project: Phase 2- Approved Change Order No. 10 to GSE Construction Company, Inc., in the amount of$125,616; d. Headworks Replacement Project: Plant Landscaping- Authorized staff to advertise for bids for landscaping at Headworks Project; -35- REGULAR BOARD MEETING MINUTES-MAY 2, 2013 PAGE-2 e. EI Dorado County: Boulder Mountain Erosion Control CONSENT CALENDAR Project- (1) Approved water and sewer utility adjustments �continued) and modifications to be completed by EI Dorado County's contractor; and (2) Authorized construction reimbursement payments to EI Dorado County, in an amount not to exceed $30,000; f. Arc Flash Hazard Assessment- Authorized Task Order No. 3 for Lewellyn Technology to furnish the Arc Flash Hazard Assessment on an additional 20 facilities, in an amount not to exceed $28,449; � g. Lease Agreement with EI Dorado County Search and Rescue - Authorized the Board President to execute Amendment 1 to ' the Facility Use Agreement #957-00810. � } k _ __ ITEMS FOR BOARD ACTION _ _ `` - Resolution No. 2904-12 provides that when bidding capital PUBLIC HEARING: � projects, the criteria identified therein will be used to determine 2013 SIERRA TRACT WATER- � ; whether a project is substantially complex such that it justifies LINE REPLACEMENT � a retention amount higher than 5%. PROJECT � � � The proposed waterline project includes the installation of approxi- � `� mately 5,400 feet of 8" and 6" waterline and meters on segments ;: `T on the following streets: River, Lodi, Stockton, Chris, Elwood, s Armstrong, Reno, William and O'Malley. This project will replace c > old, undersized pipes and provide significant fire flow improvements. � g � Staff recommended that the Board designate this project as � substantially complex and meriting a retention of 10% based on � i> the following: 4 • The Lake Tahoe basin is a unique area, which, due to high environmental sensitivity, is highly regulated by TRPA (Tahoe G Regional Planning Agency); ' � • Based on the limited construction season (May 1 -Oct 1 S) i � within the Lake Tahoe Basin, the project must be timely ' � completed without the benefit of time extension. � ; f President Schafer opened the public hearing at 2:05 p.m. to receive ;' public comments on the 2013 Sierra Tract Waterline Replacement � z. project as substantially complex. No public comments were � received and the public hearing was closed at 2:05 p.m. � � � k Moved Voaelgesanq /Second Jones / Passed Unanimouslv to find that ° � pursuant to the facts described above, the project is substantially complex and requires a 10% retention limit; and authorized � staff to advertise for construction bids. � � � � -36- � � � REGULAR BOARD MEETING MINUTES-MAY 2, 2013 PAGE-3 Resolution No. 2904-12 provides that when bidding capital PUBLIC HEARING: projects, the criteria identi�ed therein will be used to determine REVISED 2013 STATE whether a project is substantially complex such that it justifies STREETS WATERLINE a retention amount higher than 5%. PROJECT This project was previously included in the bid for the 2013 State Streets Waterline Project, which consisted of installing 17,696 feet of 12", 8", and 6" waterline on the following streets: Tahoe Keys � Blvd., Michael Dr., Texas Ave., Arizona Ave., Colorado Ave., Utah Ave., Montana Ave., Wyoming Ave., Idaho Ave., Washington Ave., Oregon Ave., California Ave., and Jeffery St. The Board rejected all bids for that work at the April 18, 2013, Board Meeting. The proposed Revised 2013 State Streets Waterline Project includes the installation of approximately 6,800 feet of 8" and 6" waterline and meters on segments of the following streets: Michael Dr., California Ave., Oregon Ave., and Washington Ave. The project will replace old, undersized pipes and provide significant fire flow improvements. The remainder of the larger project is planned for bidding next year. Staff recommended that the Board designate this project as substantially complex and meriting a retention of 10% based on the following: • The Lake Tahoe basin is a unique area, which, due to high environmental sensitivity, is highly regulated by TRPA (Tahoe Regional Planning Agency); • Based on the limited construction season (May 1 -Oct 15) within the Lake Tahoe Basin, the project must be timely completed without the benefit of time extension. President Schafer opened the public hearing at 2:07 p.m. to '� receive public comments on the Revised 2013 State Streets Waterline Project as substantially complex. No public comments were received and the public hearing was closed at 2:07 p.m. '� Moved Jones/ Second Sheehan / Passed unanimously to find that pursuant to the facts described above, the project is substantially complex and requires a 10� retention limit; and authorized staff to adverfise for construction bids. Moved Cefalu /Second Sheehan / Passed unanimously to PAYMENT OF CLAIMS approve payment in the amount of$1,187,090.71 Water and Wastewater Operations Committee: The Committee STANDING COMMITTEE met April 29, 2013. Minutes of the meeting are available upon REPORTS request. Director Jones reported he and other staff will be attending the BOARD MEMBER REPORTS upcoming ACWA Conference. He encouraged other Board Members to attend if possible. -37- REGULAR BOARD MEETING MINUTES-MAY 2, 2013 PAGE-4 President Schafer reported on his attendance at the CASA BOARD MEMBER REPORTS Conference and stated it was exceptional. He recommended (continued) 3 Board members and staff attend future conferences. t ; Director Jones and Richard Solbrig attended the meeting. The EL DORADO COUNTY budget was adopted for next year and the District will receive WATER AGENCY REPORT ; $400,000, which will be directed towards water conservation ` efforts. Their yearly meeting held in South Lake Tahoe will be at the District offices on Wednesday, August 14, 2013, and will also include a plant tour. , Richard Solbria reported on three items: GENERAL MANAGER (1) The Army Corp of Engineer Permit should be received within 30 to 45 days and the District is working on obtaining the FERC (Federal Energy Regulatory Commission) permit. He also stated that paperwork was received for the U.S. Forest Service fire grant and the District will receive $338,000. These funds will support future firefighting infrastructure projects. (2) Paul Sciuto recently had a meeting with the Developer, the City, and Lakeside Park regarding the Convention Center. During this meeting, Owens Financial asked the District to relinquish the public utilities easement on the consolidated t parcels. In exchange for this easement, the District would like an agreement from them stating they intend to complete the 14" waterline started in 2008, but never finished, and dedicate it to the District with required edsements. Attorneys for Owens Financial will put together an agreement stating the waterline will be complete before the easement is relinquished and Owens Financial anticipates submitting full plans to the City in two weeks. x (3) Staff inet with representatives from Lakeside Park Association regarding past will-serve letters and settlement agreements, that must be addressed. Chief Financial Officer: Paul Hughes updated the Board on the STAFF/ATTORNEY REPORTS Lukins Intertie progress. Lukins contacted staff for clarification on several items and is currently consulting with the CPUC and the City Fire Department. It will be necessary to extend the temporary agreement currently in place at the next Board Meeting. Assistant General Mana ec� r/En ineer Paul Sciuto stated Tahoe Keys Property Owners Board of Directors agreed to the transfer the 19 customers on Colorado Court to the District, including infrastructure. The pertinent documents related to this transaction are forthcoming and will be presented at the next Board Meeting. 2:41 pm ADJOURNMENT -38- REGULAR BOARD MEETING MINUTES-MAY 2,2013 PAGE-5 Eric W. Schafer, Board President South Tahoe Public Utility District ATTEST: Kathy Sharp, Clerk of the Board South Tahoe Public Utility District By: Eileen Eidam -39- �oVTH rq yo � F _ ---�...�,._, �� Veewe� • 1950 •`�'�s�e��G�C �� vr��rrv o�� SOUTH TAHOE PUBLIC UTILITY DISTRICT Richard Solbri , General Mana er Paul Sciuto, Assistant General Mana �r �. Eric W.Schafer, President BOARD MEMBERS James R. Jones, Vice President Chris Cefalu, Director Rand Vo el esan , Director Kell Sheehan, Director PUBLIC MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT MAY 2, 2013 MI N UTES The Board of Directors of the South Tahoe Public Utility District held a Public Meeting on May 2, 2013, 6:00 p.m., at the District Office, located at 1275 Meadow Crest Drive, South Lake Tahoe, California. BOARD OF DIRECTORS: ROLL CALL President Schafer; Directors Jones, Vogelgesang, Cefalu, Sheehan. STAFF: B. Barflett, Cotulla, Henderson, Hughes, Rasmussen, Sciuto, Solbrig A Public Meeting was held to present information on the 2013/14 Sewer and Water Enterprise Budgets and to gather public input. Since no one trom the public attended, Paul Hughes gave a brief summary of the District's rates as compared to other local agencies. He reporfed the rates would not be increased for this budget cycle. The final budget is expected to be adopted at the May 16, 2013, Board Meeting. No Board Action 6:15 pm ADJOURNMENT Eric W. Schafer, Board President South Tahoe Public Utility District ATTEST: Kathy Sharp, Clerk of the Board South Tahoe Public Utility District By: Susan Rasmussen -41- General Manager RicharA H.Solbrig �s 1850 i � ('�/� � �� O� Director5 Chris Cefalu Jamey R.Jones .r., ;,�,� ♦ � � � � Randy Vogeigesang �'ubi�c Utrifty D�Str�ct KellySheehan Eric 5chafer 1275 Meadow CreSt Drive•5auth Lake Tahoe•CA 96150-7401 f'hone 530 544-6474•Fax 530 54t-Q614•www.atpuct.u5 BOARD AGENDA ITEM 6a TO: Board of Directors FROM: Paul Hughes, Chief Financial Officer MEETING DATE: May 16, 2013 ITEM- PROJECT NAME: Extension of Temporary Water Supply Agreement with Lukins Water Company REQUESTED BOARD ACTION: Approve the First Amendment to the Temporary Water Supply Agreement. DISCUSSION: The temporary Water Supply Agreement between the District and Lukins Water Company is scheduled to expire June 1, 2013. As you know, the District and Lukins have been working to develop a permanent solution which will allow Lukins to continue providing public and private fire protection within the Lukins service area utilizing water supplied through the interfie. The attached ame�ment wilf exterrd#he temporary agreement through August 1, 2013. All other terms of the agreement remain unchanged. SCHEDULE: Amendment extends temporary agreement through August l, 2013. COSTS: Agreement terms remain unchanged. ACCOUNT NO: BUDGETED AMOUNT AVAILABLE: i ATTACHMENTS: First Amendment CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO -43- � FIRST AMENDMENT TO TEMPORARY WATER SUPPLY AGREEMENT THIS FIRST AMENDMENT TO TEMPORARY WATER SUPPLY AGREEMENT ("Amendment"), is entered into on the 16th day of May, 2013, by and befinreen the South Tahoe Public Utility District, a California public agency formed in 1950 pursuant to the Public Utility District Act ("District") and Lukins Brothers Water Company, Inc., a Califomia corporation ("Lukins"), at South Lake Tahoe, Califomia, with reference to the following facts and intentions: A. Lukins and the District entered into a Temporary Water SupplyAgreement,dated On September 29, 201 ("Agreement"), whereby the District agreed to supply water to a portion of the Lukins Water System on a temporary basis in order to accommodate the wishes of the owner of the property located at 2013 Lake Tahoe Blvd., South Lake Tahoe, California ("Property"); B. The Term of the Agreement was to run through June 1, 2013, by which time Lukins had committed to developing a permanent solution to providing fire protection water to the Property in an adequate quantity and pressure; C. While Lukins and the District have been working diligently to develop such a permanent solution,they have agreed that it is unlikely that a satisfactory solution can be developed before June 1, 2013, and have agreed to extend the Term of the Agreement through August 1, 2013; and, D. The District agrees to provide Lukins with a temporary water supply for commercial, irrigation and fire protection purposes pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, the District and Lukins agree as follows: 1. Extension of Term. Pursuant to this Amendment,Lukins and the District agree that the Term of the Agreement shall be extended through August 1, 2013, such that it shall automatically terminate on August, 1,2013 without further notice by either party unless extended as provided in this Agreement. It is expressly understood that the District is not under any obligation to continue the Water Supply to Lukins beyond August 1, 2013, unless extended, and then only to expiration of the extended term as provided in this Agreement. Each other deadline in the Agreement that is related to the Term,as it was previously defined, shall similarly be extended by two months. 2. Remainder of Aqreement Unchanqed. All other terms of the Agreement are unchanged and shall continue in full force and effect. 1 037627�0012\10310688.1 -45- £ IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year and at the place first written above. DISTRICT LUKINS South Tahoe Public Utility District Lukins Brothers Water Company, Inc. By: By: Eric W. Schafer, Board President Danny G. Lukins, President t ATTEST: � By: � Kathy Sharp, Clerk of the Board/ Executive Services Manager � E t i ` � � � a r _ { 1 ! 5 `i } t € Z i � }'; A � { 5 S € 3 � E . . . . .. . .. . ._ .. .. . . .._ ... . . .. .. . . �. } F 2 � � '; 037627�0012\10310688.1 % :� —46— � €' �: � General Manager Richard H.Solbrig • 1�e s M,�gt ,��,q� � �� ^ � Director5 �'' l � Chriy Cefalu VJames R.Jones --!�,• ��; . � � � � Randy Vogelge5ang - 1'ubl�c Ut�i��y D�Strict KellySheehan Eric Schafer 1275 Meadow Crest Drive•Sauth take Tahoe•CA 96150-744Z Phone 530 5�44-64-74•Fax 530 54-1-06i4•www.stpucf.u5 BOARD AGENDA ITEM 6b TO: Board of Directors FROM: Tim Bledsoe, Manager of Customer Service Paul Sciuto, Assistant General Manager/Engineer MEETING DATE: May 16, 2013 ITEM- PROJECT NAME: Tahoe Stateline Venture, LLC-The Chateau Construction Agreement: Redevelopment Project 3 REQUESTED BOARD ACTION: Approve agreement subject to review by staff and legal counsel. DISCUSSION: The Chateau Construction Agreement (Tahoe Stateline Venture, LLC) is a modification to the agreement that was prepared for Lake Tahoe Development, LLC that was never signed in 2007. The attached modified agreement was prepared by legal counsel for Tahoe Stateline Ventures and outlines the construction and dedication of the new waterline and release of the Public Utility easement. District Staff and Legal Counsel will discuss proposed further modification to the draft agreement for the Board's consideration during the meeting. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT AVAILABLE: ATTACHMENTS: The Chateau Construction Agreement- Draft Copy CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water&Sewer GENERAL MANAGER: YES�I .u�_ NO _ CHIEf FaNANC1Al OFfIGER:-- X��-- ___ _ N4 - __ _ _ _ _ -47- THE CHATEAU (REDEVELOPMENT PROJECT 3) CONSTRUCTION AGREEMENT This Construction Agreement("Agreement") is made by and between the SOUTH TAHOE PUBLIC UTILITY DISTRICT, a California public agency formed in 1950 pursuant to the Public Utility District Act("District"), and TAHOE STATELINE VENTURE, LLC, a Califomia Limited Liability Company("TSV") on this_day of II , 2013 ("Effective Date"), with reference to the following facts and intentions. �� RECITALS i A. The District owns and operates a domestic water treatment and '� distribution system and a wastewater collection and treatment system for the beneficial I use of the District and its customers located within the City of South Lake Tahoe and certain portions of the County of El Dorado, State of California. B. TSV owns that certain real property located in South Lake Tahoe, County of El Dorado, State of California, commonly known as Assessor's Parcel Numbers (APNs) 029-061-08, 09, 10, 11, 12 and 15; 029-066-09, 18, 19 and 20; and 029-067-OS and 06 and more particularly described in the attached Exhibit A (collectively, "TSV Properties"). C. Redevelopment Project 3, or the Chateau ("Project 3"), received approval ', from the City of South Lake Tahoe ("City") on May 1, 2007, and from the Tahoe ' Regional Planning Agency ("TRPA") on May 24, 2007, as a mixed-use development consisting of two hotel structures, a convention facility, retail and restaurant space, a below grade parking structure and integrated storm water treatment facilities. D. Project 3 is comprised of Blocks J, K, L and M and the included portions of Poplar Street and Laurel Avenue as shown on that certain map entitled"First Subdivision of Lakeside Park", filed in the Office of the County Recorder, County of El Dorado, State of California, on October 5, 1909 in Map Book"A" at Page 1 A. E. Project 3 is divided into Project A and Project B. Project A consists of a single structure hotel with a convention facility and commercial retail space, infrastructure improvements and parking.t Project B consists of a second hotel structure and commercial retail space. F. Project A construction is divided into Phase 1, Phase 2 and Phase 3. --- ---- --- -- _ -_ __ - -- '�'fie 1��Pcoperties ase�ocafed within t�e�'roject 1�projecf area. Construction Agreement 1 of 14 -49- � 1. Phase 1 was constructed in 2007 and included infrastructure improvements and foundation construction. Specifically, Phase I included construction of 6041ineal feet of 12" sewer main, 240 lineal feet of 8" sewer main, SO lineal feet of 6" sewer main and 8 manholes ("Sewer Line"), and 2,7001ineal feet of 14" water pipeline and 90.5 lineal feet of 6" water pipeline and appurtenances ("Existing Water Line"). Following construction, the Sewer Line and Existing Water Line were inspected by Harris and Associates and found to meet the District's standards for acceptance of dedication. 2. Phase 2 includes construction of retail and restaurant space,below- grade parking, utilities — including an additional 330f lineal feet of 14" water pipeline ("Future Water Line")—and landscaping and pedestrian improvements. 3. Phase 3 involves construction of the hotel component. ' G. The Sewer Line and Existing Water Line were constructed and had been in operation prior to TSV's acquisition of the TSV Properties. H. TSV proposes to begin construction of Phase 2 in the summer of 2013 on the following TSV Properties: APNs 029-066-09, 18, 19 and 20 and 029-067-OS and 06 (the"Phase 2 Project Area"). I. TSV desires that the District accept dedication of the Sewer Line, Existing Water Line a��-Fut�re-�at�r-L-i�c;{�oi�eet' " cilit'res'��r�d-previ�e-se�er-and--- ---- water service to Project A through the Facilities upon receipt and approval of subsequent application(s) for such service. Pursuant to the terms and conditions of this Agreement, the District agrees to accept the Facilities and make available such service pursuant to the terms and conditions of this Agreement and the District's Administrative Code, rules, regulations and policies. J. To facilitate construction of Phase 2, the City intends to abandon those portions of Laurel Avenue and Poplar Street described in Exhibit B and depicted in Exhibit C, both of which are attached hereto and incorporated herein by reference, including any and all existing utility easements located within said public right of ways. ; K. As a condition of Phase 2 approval, the City requires TSV to post and maintain in full force and effect during construction of Phase 2 a performance bond ("Performance Bond")to ensure completion of Phase 2, including the Future Water Line. L. The District has agreed to abandon its existing sewer and water easements within the portions of Laurel Avenue and Poplar Street to be abandoned by the City subject to the condition that TSV names the District as an obligee on the Performance Bond to ensure completion of the Future Water Line. Construction Agreement 2 of 14 -50- I I � NOW,THEREFORE,the parties agree as follows: 1. Sewer Line and ExistinE Water Line. TSV makes no representations, warranties or guarantees regarding the Sewer Line and Existing Water Line. 2. Future Water Line. The following provisions shall apply only to the Future Water Line. 2.1. Comaliance. In the construction and dedication of the Future Water Line, TSV shall comply with all of the District's rules, regulations and procedures related to the acceptance of main extensions. 2.2. Construction. The Future Water Line will be constructed by TSV's contractor as shown on the contract documents and specifications for Phase 2 ("Contract Documents"). 2.3. Construction Standards. TSV represents and warrants to the District that the Contract Documents for the Future Water Line will comply with the District's standards and specifications. The Future Water Line Contract Documents will be submitted to and approved by the District prior to commencement of construction of the Future Water Line. The construction of the Future Water Line will be in conformance with the Future Water Line Contract Documents, except modifications, if any, that are reviewed and approved by the District. TSV will furnish the District with one(1) complete set of originals and two copies of approved as-built Future Water Line Contract Documents. The as-built Future Water Line Contract Documents must be in editable electronic format and must include the horizontal and vertical location of the lines, in State Plane Coordinates, and sewer manhole rim and invert elevations. 2.4. Permits. TSV affirms that the Future Water Line will comply with all local, state and federal laws, regulations and orders. TSV, at its sole cost and expense, will obtain all permits and approvals from such governmental agencies having jurisdiction as necessary for performance of the activities related to this Agreement prior to construction of the Future Water Line. 2.5. Environmental Analvsis. The Tahoe Regional Planning Agency (TRPA), the City of South Lake Tahoe, and/or El Dorado County Department of Transportation and/or CalTrans are permitting agencies for the construction of the Future Water Line. TSV agrees to comply with all applicable environmental laws, including, but not limited to, the California Environmental Quality Act(CEQA), and to submit final copies of all environmental documents related to the construction of the Future Water Line to the District. 2.6. Encroachment Permits. The Future Water Line will be constructed in a public right-of-way for which the District has a blanket encroachment permit from the City of South Lake Tahoe. If any portion of the Future Water Line will not be Construction Agreement 3 of 14 -51- to , the estimated construction cost of the Future Water Line, to ensure the Future Water Line is completed and complies with the terms of this Agreement. 2.9. Existin�Easements in Laurel Avenue and Poplar Street. The District hereby consents to the abandonment of any and all right, title and interest the District has in those portions of Laurel Avenue and Poplar Street described in Exhibit B and depicted in Exhibit C. 2.10. Absence of Lien. TSV shall furnish to District evidence that no claim of lien has been recorded as to the Future Water Line. If any lien has been recorded, TSV shall provide evidence that it has been satisfied or bonded against, and that all subcontractors participating in the construction of the Future Water Line have waived the ability to place a lien on the Future Water Line. 2.11. Indemnitv. TSV shall indemnify, defend and hold harmless the District and its directors, elected officials, officers, agents, contractors and employees, from and against any and all claims, liabilities, damages, losses, costs and expenses of any nature whatsoever, including attorneys,paralegals and expert fees and costs which arise out of, relate to or result from TSV's and its agents', contractors', and engineers' activities and obligations under this Agreement including, but not limited to, design, planning, permitting, construction, testing, maintenance and repair of the Future Water Line, except to the extent of any liability, loss, cost or expense caused by the District's active negligence or willful misconduct. 2.12. Reimbursement to District. TSV shall pay the District such amounts to reimburse the District the costs and expenses incurred by the District with respect to the construction described in the Contract Documents including, but not limited to, fees, review of Construction Documents, inspection, legal expenses and other such costs and expenses, whether performed by the District's employees, agents or consultants. 2.13. Accounting to Tahoe Stateline Venture LLC The District will provide TSV with a written accounting of all the District's costs and expenses for which TSV is responsible pursuant to section 2.10, which TSV shall pay to the District within thirty (30) days from the date of the District's statement. Any funds paid by TSV in excess of the District's actual costs and expenses, if any, shall be refunded by the District. 2.14. Guarantv. TSV guarantees that the construction of the Future Water Line will be in accordance with the requirements of this Agreement and performed in a good and workmanship-like manner. TSV agrees to reimburse the District,upon demand, for the full cost and expense of any repairs or replacements made necessary by defects in materials or workmanship that become evident within one (1) year after the District's acceptance of dedication of the Future Water Line. Construction Agreement 5 of 14 -53- 3. The Facilities. The following provisions shall apply to the Sewer Line, the Existing Water Line and the Future Water Line. 3.1. Dedication. After compliance with all of applicable requirements in Sections 1 and 2, TSV will execute irrevocable offers to dedicate the Sewer Line, the Existing Water Line and the Future Water Line to the District. The District will then place each offer to dedicate on the District Board of Directors meeting agenda for acceptance. The District will not accept the offer until all of the requirements of this Agreement have been satisfied. Each offer may be made and accepted separately after compliance with the requirements of Sections 1 and 2 as they apply to each of the Sewer Line, Existing Water Line and the Future Water Line. A copy of the form of the District's irrevocable offer to dedicate is attached as Exhibit D and is incorporated by this reference. 3.2. Water and Sewer Service ; 3.2.1. General. Upon acceptance of the Facilities by the District, the District shall make available regular water or sewer service to TSV, as described in this section 3.2. t 3.2.2. Re�ular Service. TSV shall submit an application to the District � and pay all applicable District charges and fees, as a condition to permitting the � connection of improvements to District's water system and providing water service. The District shall not be obligated to provide regular sewer or water service to TSV until compliance with the District's Administrative Code, rules, regulations and policies as � ; applicable to all of the District's customers, including approval of the application and � payment of all fees and expenses. ; � 3.2.3. Administrative Code. The water or sewer service made available � by the District to TSV through the facilities that are the subject of this Agreement will be � made available subject to the District's Administrative Code, rules, regulations and A ; policies to the extent not inconsistent with the terms and conditions of this Agreement. E t � 4. Water Service Prior to Dedication of Water Lines. i 4.1. Provision of Fire Hvdrant Flows. The District agrees to provide fire � hydrant flows through the Existing Water Line prior to its acceptance of the line pursuant ; to the terms of this Section 4. In the event of a conflict between the terms and conditions � of this Agreement and the District's Administrative Code, rules, regulations or policies, ' this Agreement shall control in all respects. 5. General Provisions. Construction Agreement 6 of 14 -54- 5.1. Recitals. The recitals stated at the beginning of this Agreement of any matters or facts shall be conclusive proof of the truthfulness thereof and the terms and '� conditions of the recitals, if any, shall be deemed a part of this Ageement. 5.2. Notices. All notices, approvals, acceptances, requests, demands and other communications required or permitted, to be effective, shall be in writing and shall be delivered, either in person or by mailing the same by United States mail (postage prepaid, registered, or certified, return receipt requested) or by Federal Express or other similar overnight delivery service, to the party to whom the notice is directed at the address of such party as follows: TO: SOUTH TAHOE PUBLIC UTILITY DISTRICT South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, California 96150 Attn: Timothy Bledsoe, Customer Service Mgr. With a copy to: Gary M. Kvistad Brownstein Hyatt Farber Schreck, LLP 21 E. Carrillo Street Santa Barbara, CA 93101 TO: TAHOE STATELINE VENTURE, LLC � Brian Haines Tahoe Stateline Venture, LLC 2221 Olympic Boulevard Walnut Creek, CA 94595 With a copy to: Lewis S. Feldman Feldman McLaughlin Thiel LLP 178 U.S. Highway 50 Post Office Box 1309 Zephyr Cove, NV 89448 Any communication given by mail shall be deemed delivered two (2)business days after such mailing date, and any written communication given by overnight service shall be deemed delivered one(1) business day after the dispatch date. Either party may change its address by giving the other party written notice of its new address. 5.3 Successors and Assigns. This Agreement shall be binding on and shall inure to the benefit of the parties and their respective heirs, successors and assigns. Nothing in this Agreement, expressed or implied, is intended to confer on any person Constntction Agreement 7 of 14 -55- other than the parties or their respective heirs, successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement. 5.4 Assi�nabilitv. This Agreement shall not be assignable without the prior written consent of the District, who shall have the sole discretion to consent or not to consent to any proposed assignment. Any attempted assignment without the approval of the District party shall be void. £ 5.5 Waiver. No waiver by any party of any of the provisions shall be effective unless explicitly stated in writing and executed by the party so waiving. Except as provided in the preceding sentence,no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be ; deemed to constitue a waiver by the party taking such action of compliance with any representations, warranties, convenants, or agreements contained in this Agreement, and in any documents delivered or to be delivered pursuant to this Agreement. The waiver by any party of a breach of any provision of this Agreement shall not operate or be construed � as a waiver of any subsequent breach. No waiver of any of the provisions of this Agreement sahll be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. � 5.6 Headin�s. The section headings contained in this Agreement are for � convenience and reference only and shall not affect the meaning or interpretation of this �, � Agreement. _ � � z 5.7 Severabilitv. If any term,provision, covenant or condition of this � Agreement shall be or become illegal, null, void or against public policy, or shall be held ; by any court of competent jurisdiction to be illegal, null, void or against policy, the � remaining provisions of this Agreement shall remain in full force and effect, and shall not � be affected, impaired or invalidated. The term,provision, covenant or condition that is so � invalidated, voided or held to be unenforceable, shall be modified or changed by the � parties to the extent possible to carry out the intentions and directives set forth in this = Agreement. � � � 5.8 Counterparts. This Agreement may be executed in any number of � counterparts, each of which shall be deemed to be an original,but all of which shall , constitute one and the same instrument. � ; 5.9 Governing Law. This Agreement shall be governed by and interpreted in ; � accordance with, the laws of the State of California, with venue proper only in the ; County of El Dorado, State of California. ; 5.10 Parties in Interest. Nothing in this Agreement, whether expressed or implied, is intended to confer any rights or remedies under or by reason of this ', Agreement on any persons other than the parties to it and their respective successors and ' �; ___ _____a_s_signs, nor is anything in this_Agreement_intended to_relieve_or discharge the obligatio_n_______ ___ ___ Construction Agreement 8 of 14 -56- or liability of any third persons to any party to this Agreement, nor shall any provision ', give any third persons any right of subrogation or action against any party to this Agreement. 5.11 Attornev Fees. If any legal proceeding(lawsuit, arbitration, etc.), including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover actual attorneys' fees and costs, which may be determined by the court in the same action or in a separate action brought for that purpose. The attorneys' fees award shall be made as to fully reimburse for all attorneys' fees, paralegal fees, costs and expenses actually incurred in good faith, regardless of the size of the judgment, if being the intention of the parties to fully compensate for all attorneys' fees, paralegal fees, costs and expenses paid or incurred in good faith. 5.12 Good Faith. The parties agree to exercise their best efforts and utmost good faith to effectuate all the terms and conditions of this Agreement and to execute such further instruments and documents as are necessary or appropriate to effectuate all of the terms and conditions of this Agreement. 5.13. Construction. The provisions of this Agreement should be liberally construed to effectuate its purposes. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party, as each party has participated in the drafting of this document and had the opportunity to have their counsel review it. Whenever the context and construction so requires, all words used in the singular shall be deemed to be used in the plural, all masculine shall include the feminine and neuter, and vice versa. 5.14. Several ObliEations. Except where specifically stated in this Agreement to be otherwise, the duties, obligations, and liabilities of the parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall be construed to create an association, trust,partnership, or joint venture or impose a trust or partnership duty, obligation, or liability on or with regard to either party. Each party shall be individually and severally liable for its own obligations under this Agreement. 5.15 Authoritv. The individuals executing this Agreement represent and warrant that they have the authority to enter into this Agreement and to perform all acts required by this Agreement, and that the consent, approval or execution of or by any third party is not required to legally bind either party to the terms and conditions of this Agreement. 5.17. Entire Agreement. This Agreement contains the entire understanding and agreement of the parties, and supersedes all prior agreements and understandings, oral and written, between the parties. There have been no binding promises, representations, agreements, warranties or undertakings by any of the parties, either oral or written, of any character or_nature, except as stated in this A�reement. This Construction Agreement 9 of 14 -57- Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives its future right to claim, contest or assert that this Agreement was modified, canceled, superseded or changed by any oral agreement, course of conduct, waiver or estoppel. � IN WITNESS WHEREOF, the parties have executed this Agreement as of the � Effective Date. � DISTRICT � South Tahoe Public Utility District By: Eric Schafer, Board President � ATTEST: ,f By: � ' Kathy Sharp, Clerk of the Board/ �' t Executive Services Manager = � , � �` � ;, TAHOE STATELINE VENTURE, LLC � r $ By: Owens Mortgage Investment Fund � a California limited partnership � ; Its: Sole Member/Manager � �: , By: Owens Financial Group, Inc. � � a California corporation � Its: General Partner # � � � Signed: _ William C. Owens, President � � : S � � t S _ ` 3 i i { � i i �' . .._... ____. .__._ __ _.. _____ __ _______ ._.. _.. ... � . _.___ ________- ._.__ . _.-_.__..___ _._. __... , _.. .___ _....__. -_.___ - ___._. .___. � I - Construction Agreement 10 of 14 ' -58- EXHIBIT A Legal Description—"TSV Properties" APN 029-061-08 Lot 7, Block K, Lakeside Park Subdivision, as said lot and block are shown on the Official Map of First Subdivision of Lakeside Park, El Dorado County, California, filed in the Office of the El Dorado County Recorder on October 5, 1909, in Map Book"A"at Page 1 A. APN 029-061-09 Lots 5 and 6, Block K, as shown on that certain map entitled "First Subdivision of Lakeside Park", filed in the Office of the County Recorder, County of El Dorado, State of California, on October 5, 1909 in Map Book"A" at Page 1 A. APN 029-061-10 All that portion of Lot 8, Block I, of Lakeside Park Subdivision, as said lot and block are designated and numbered on the map of"First Subdivision of Lakeside Park", El Dorado County, California, more particularly described as follows: Commencing at the Southeast corner of said Lot 8, Block K, said point being situated Northeasterly, a distance of 200 feet from the intersection of the North line of Poplar Street and the West line of Laurel Avenue; thence from the said point of beginning running Northeasterly along the West line of said Laurel Avenue, a distance of 50 feet; thence leaving said Laurel Avenue and running in a Northwesterly direction at right angles to the said Laurel Avenue and parallel with the Section boundary of said Lot 8 a distance of 150 feet to the West line of said Lot 8; thence along the West line of said Lot 8 in a Southwesterly direction parallel with the said Laurel Avenue at right angles to the Section boundary of said Lot 8, a distance of 50 feet to the Section boundary of said Lot 8; thence running in a Southeasterly direction along the South boundary of said Lot 8, at right angles to the said Laurel Avenue, a distance of 150 feet to the point of beginning. APN 029-061-11 Lot 2, Block K, as shown on that certain map of"First Subdivision of Lakeside Park", filed in the Office of the County Recorder, County of El Dorado, State of California, on October 5, 1909 in Map Book"A" at Page 1 A. Construction Agreement 11 of 14 -59- APN 029-061-12 Lot 3, Block K, as shown on that certain map of"First Subdivision of Lakeside Park", filed in the Office of the County Recorder, County of El Dorado, State of California, on October 5, 1909 in Map Book"A" at Page 1 A. APN 029-061-15 Parcel One: All that portion of Lot 8, Block K, Lakeside Park Subdivision as said lot and block are designated and numbered on the map entitled "First Subdivision of Lakeside Park", which map was recorded in the Office of the County Recorder, County of El Dorado, State of California, on October 5, 1909 in Map Book"A" at Page 1 A,more particularly described as follows: Commencing at a point on the West line of Laurel Avenue, said point being situate Northeasterly a distance of 250 feet from the intersection of the North line of Poplar Street and the West line of said Laurel Avenue; thence from said point of beginning, running Northeasterly along the West line of said Laurel Avenue a distance of 50 feet to the Northeast corner of said Lot 8; thence leaving said Laurel Avenue and running in a Northwesterly direction along the Northerly boundary of said Lot 8, at right angles to the said Laurel Avenue, a distance of 150 feet to the Northwest corner of said Lot 8; thence along the West line of said Lot 8 and in a Southwesterly direction, parallel with the said Laurel Avenue and at right angles to the North boundary of said Lot 8 a distance of 50 feet; thence running in a Southeasterly direction at right angles to the said Laurel Avenue and pazallel with the Section boundary of Lot 8, a distance of 150 feet to the point of beginning. Parcel Two: All that portion of Lot 9, Block K, Lakeside Park Subdivision, as said lot and block are designated and numbered on the map entitled"First Subdivision of Lakeside Park", which map was recorded in the Office of the County Recorder, County of El Dorado, State of California, on October 5, 1909 in Map Book"A" at Page 1 A, and more particularly described as follows: Commencing at a point on the West line of Laurel Avenue, said point being situate Northeasterly a distance of 300 feet from the intersection of the North line of Poplar Street and the West line of said Laurel Avenue; thence from said point of beginning running Northeasterly along the West line of said Laurel Avenue, a distance of 50 feet; thence leaving said Laurel Avenue and running in a Northwesterly direction at right angles to the said Laurel Avenue and parallel with the Section boundary of said Lot 9, a : distance of 150 feet to the West line of said Lot_9; thence alon�the_West line of said Lot_____ _ Construction Agreement 12 of 14 -60- 9, in a Southwesterly direction parallel with the said Laurel Avenue and at right angles to the Section boundary of said Lot 9 a distance of 50 feet to the Southwest corner of said Lot 9; thence running in a Southeasterly direction at right angles to the said Laurel Avenue and along the Southerly boundary of said Lot 9, a distance of 150 feet to the point of beginning. APN 029-066-09 Lots 1 and 2, Block L, as shown on that certain map entitled "First Subdivision of Lakeside Park", filed in the Office of the County Recorder, County of El Dorado, State of California, on October 5, 1909 in Map Book "A" at Page lA. Excepting therefrom all that portion lying Southerly of the following described line: Beginning at the most Easterly terminus of said line, said point being situated on the Southeasterly line of Lot 1, Block L of Lakeside Park Subdivision, from which point the Southeast corner of said Lot 1 bears South 28° 06' S7" West 2.44 feet; thence leaving said point of beginning and running North 78° 09' 27" West 207.60 feet to a point on the Westerly boundary of Lot 2 of Block L of said Lakeside Park Subdivision from which point the Northwest corner of said Lot 2 bears North 13°45' 00" East 3.10 feet, said point being the most Westerly terminus of said line. APN 029-066-18 Parcel C, as shown on the Parcel Map filed in the Office of the County Recorder,County of El Dorado, State of California, on June 2, 1989 in Book 40 of Parcel Maps, at Page 124. � � APN 029-066-19 Parcel B of that certain Parcel Map filed for record on June 2, 1989, in Book 40 of Parcel Maps, at Page 124, and as amended by Certificate of Correction, recorded August 8, 1989, in Book 3181, Page 713, Official Records APN 029-066-20 Parcel One: Lot 3, Block L of First Subdivision of Lakeside Park, filed May 8, 1912 in Book"A"of Maps at Page 1 A, El Dorado County Records. Construchon Agreement 13 of 14 -61- Excepting therefrom all that portion of Lot 3, Block L of Lakeside Park Subdivision filed in the Office of the County Recorder, County of El Dorado, State of California, on October 5, 1909, more particularly described as follows: Beginning at the Northeast corner of Lot 3; thence South 28° 06' S7"West 1.10 feet; thence North 76° 20' 06"West 66.95 feet; thence North 13° 32' 47" East 0.92 feet; thence South 76° 27' 13" East 67.23 feet to the point of beginning. Parcel Two: All that portion of Lot 2, Block L of Lakeside Park Subdivision, filed in the Office of the County Recorder, County of El Dorado, State of California, on October 5, 1909, more particularly described as follows: Beginning at the Southwest corner of said Lot 2; thence North 13° 45' 00" East 0.59 feet; thence South 76° 13' East 113.47 feet; thence South 13° 32' 47"West 0.59 feet; thence North 76° 27' 13"West 113.47 feet to the point of beginning. ;: Said Parcels One and Two are also shown on Parcel A, on Parcel Map filed June 2, 1989 in Book 40 of Parcel Maps at Page 124 and amended by Certificate of Correction recorded August 8, 1989 in Book 3181 of Official Records at Page 713. APN 029-067-OS Lot 1, Block M, of First Subdivision of Lakeside Park, filed May 5, 1912 in Book A of Maps, at Page lA, El Dorado County Records. k t APN 029-067-06 �� : Lot 2, Block M, of First Subdivision of Lakeside Park, filed May 5, 1912 in Book A of ' Maps, at Page 1 A, El Dorado County Records. � � � , � ;. � r � � � tiy $ Construction Agreement 14 of 14 � i -62- � � i { i Generai Manager Richard H.5olbrig � • 1� � � O f .� � ^ ^ Director5 U � ��'�� Chris Cefalu �:% James R.Jones "�"'"f- • . • • � Rand Vo el e5an -� 1�ubltc Uttli�y D��tric� KellySheehan Eric 5chafer 1275 Meadow Crest Drive•South Lake Tahoe•CA 9615�-7405 Phone 534 544-6474•Fax 530 541-4614•www.stpud.u5 BOARD AGENDA ITEM 6c TO: Board of Directors FROM: Tim Bledsoe, Manager of Customer Service Gary Kvistad, Legal Counsel MEETING DATE: May 16, 2013 ITEM- PROJECT NAME: Transfer of Tahoe Keys' Customers and Assets to the South Tahoe Public Utility District. REQUESTED BOARD ACTION: Authorize legal counsel and staff to negotiate and prepare an agreement for the transfer of certain Tahoe Keys' customers and assets that will be brought back to the Board for approval after discussion with Tahoe Keys' staff. DISCUSSION: A limited number of Tahoe Keys' customers are not physically connected to the Tahoe Keys' primary water distribution system. In order for Tahoe Keys to serve these customers, the District has been wholesaling water to Tahoe Keys through a master meter. Tahoe Keys proposes to transfer those customers and related assets to the District. District Staff and Legal Counsel will review with the Board the essential steps for transferring the Tahoe Keys' customers and assets to the District. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT AVAILABLE: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water --- _ ___ffNERAI M�i�1�RGER:----�(f3_ --- _--�p--- - __. ____ _ _----------_ _ ; CHIEF FINANCIAL OFFICER: YES NO -63- Generai Manager - .�,� Richard H.5olbrig _,ygt • 1950 • w �`� � Directory a u-t a Q�/ ChriS Cefalu James R.Jones � • � Randy Vogelgesang '�. �ubiic Utility DE5-trict KellySheehan Eric Schafer 1275 Meadow Crest Drive•5outh Lake Tahoe•GA 96150-740� f'hone 534 544-6474•Fax 530 541-pC14•www�tpud.us BOARD AGENDA ITEM 6d TO: Board of Directors FROM: Paul Hughes, Chief Financial Officer MEETING DATE: May 16, 2013 ITEM- PROJECT NAME: Fiscal Year 2013/14 Sewer Enterprise Fund Budget REQUESTED BOARD ACTION: Adopt Resolution No. 2929-13 adopting the Fiscal Year 2013/14 Sewer Enterprise Fund Budget. DISCUSSION: The Fiscal Year 2013/14 Sewer Fund proposed budget in the amount of I $23,859,124 is fully funded and does not include an increase in rates. The budget includes $6,614,500 (28%) for capital projects, $2,555,000 (11%) for debt service, $5,710,447 (24%) for operations and maintenance, and $8,979,177 (37%) for salaries and benefits. SCHEDULE: Budget must be adopted by July 1, 2013 COSTS: $23,859,124 ACCOUNT NO: Various BUDGETED AMOUNT AVAILABLE: ATTACHMENTS: Resolution No. 2929-13, Sewer Budget Summary CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Sewer GENERAL MANAGER: YES �,�5 NO -- --- -_- --- --- - __ _ __ _ _-- - -- - -- - - - - CHIEF FINANCIAL OFFICER: YES ' -.-- - -�Ip-_ __- __ __ ____ _._- - - -_ -65- � RESOLUTION NO. 2929-13 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT 3 ADOPTING THE BUDGET FOR THE SEWER ENTERPRISE FUND 4 FOR FISCAL YEAR 2013-14 5 g WHEREAS, on May 2, 2013, the Board of Directors of the South Tahoe Public Utility � District held a public meeting and the Sewer Enterprise Fund budget documents for the $ Fiscal Year 2013-14 were made public. 9 NOW, THEREFORE BE IT RESOLVED, by the Board of Directors of the South Tahoe 10 Public Utility District that: 11 The attached budget in the amount of$23,859,124 is adopted for the Fiscal Year 12 beginning July 1, 2013, and ending June 30, 2014. 13 14 WE THE UNDERSIGNED, do hereby certify that the above and foregoing resolution 15 Was duly and regularly adopted and passed by the Board of Directors of the South 16 Tahoe Public Utility District at a regular meeting duly held on the l bth day of May, 2013, �� by the following vote: 18 AYES: 19 NOES: 20 ABSENT: 21 22 Eric Schafer, Board President South Tahoe Public Utility District 23 24 ATTEST: 25 Kathy Sharp, Clerk of the Board 26 27 29 30 -67- O)c D� O a O�O C 7 N O W (h O �O O� O O O O O O � N O a 0 O O 00 cJ Oc70 O c7 N COO I�00 f� O N OOm (pch hON O W MaDe- CO'7O000 mn � a0O NOON V cOaDaDO � V P �f�ap � �rir� ovvon oioi o c�i �W c�irioo ri�oom " �oi cocD �w'- JZ �o�Da�O N N OICOO� �� 00 N C� �tDO� N ' V V N '�! 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Richard H.Solbrig �� • 1_ .�w � /"� t ,� � � ^ Director-s uu r� Chris Cefalu �•� JameS R.Jones -� f u b i i c U ti i ity D i�-tri ct Randy Vogelgesang Kelly 5heehan Eric 5chater 1275 Meadow CreSt Drive•South i.ake Tahoe•CA 9615D-7401 f'hone 530 544-6474•Fax 530 541-06i4•www�tpucf.u5 BOARD AGENDA ITEM 6e i i �� T�: Board of Directors ' FROM: Paul Hughes, Chief Financial Officer �'� � MEETING DATE: May 16, 2013 ITEM- PROJECT NAME: Fiscal Year 2013/14 Water Enterprise Fund Budget REQUESTED BOARD ACTION: Adopt Resolution No. 2930-13 adopting the Fiscal Year ' 2013/14 Water Enterprise Fund Budget. , DISCUSSION: The Fiscal Year 2013/14 Water Fund proposed budget in the amount of $15,433,148 is fully funded and does not include an increase in rates. The budget includes $4,248,800 (28%) for capital projects, $1,868,000 (12%) for debt service, $3,634,073 (24%) for operations and maintenance, and $5,682,275 (36%) for salaries and benefits. SCHEDULE: Budget must be adopted by July 1, 2013 COSTS: $15,433,148 ACCOUNT NO: Various BUDGETED AMOUNT AVAILABLE: ATTACHMENTS: Resolution No. 2930-13, Water Budget Summary CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water _ _ __ _ __ ___-_ _- _ ---- -_ _ _ GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO -71- �'� � � RESOLUTION NO. 2930-13 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT 3 ADOPTING THE BUDGET FOR THE WATER ENTERPRISE FUND 4 FOR FISCAL YEAR 2013-14 5 g WHEREAS, on May 2, 2013, the Board of Directors of the South Tahoe Public Utility � District held a public meeting and the Water Enterprise Fund budget documents for the $ Fiscal Year 2013-14 were made public. 9 NOW, THEREFORE BE IT RESOLVED, by the Board of Directors of the South Tahoe 10 Public Utility District that: 11 The attached budget in the amount of$15,433,148 is adopted for the Fiscal Year �2 beginning July 1, 2013, and ending June 30, 2014. 13 14 WE THE UNDERSIGNED, do hereby certify that the above and foregoing resolution 15 Was duly and regula�ly adopted and passed by the Board of Directors of the South 16 Tahoe Public Utility District at a regular meeting duly held on the l bth day of May, 2013, 17 by the following vote: 18 AYES: 19 NOES: 20 ABSENT: 21 22 Eric Schafer, Board President South Tahoe Public Utility District 23 24 ATTEST: 25 26 Kathy Sharp, Clerk of the Board 27 29 30 -73- Q�(O� O c0 I n O c� N O O� M O O�O O O� O O O O O O O� c V O W O O 00� C70c'70 O C7 N (DO I� 00 f� O N 00� (O th 1�ON O C7 cO.- (D V O O a0 f�1� R a0 O N O O N V a0 aD oD O'- V 1�'ct �aD �W �ri� ovvo� oioi o c�i �w cirioo ri.-ooao � � oi coco �W co �Z �O�� N N O�(O W �V� aO N C� tn t0 O 6� N ' V V N '7 aD V �Z cp �Z ao�n�n r� �n m r� � rn co m �_ � 0 Q c�i v ui co �Q �V p V p V 01n� 00000 1n�(hc7 NO c700ch 00�00� 00�f�00 00 �� OMC'�7 t�00n0 V �n1�n �O �fA NOON �N O�O V n roO�N �fn � W0►- aoci� �nr-vcDr� oico�on coo w�� r�a6o�n aoadric�oi� rioBr�rn� W O�rn } Z W m(D(D OaO��M NN1n� (G� Z W 1000tD a00 V NCOC'7 c`�N O(O Z W O �C� V�V O �I�C7I� f�N � r }�C) t[�a00t7 McONOC'7tD f� N I�N }�C�1� �LLO vr�N a6aao �N rn�n v r� �LLO c� ��noS � aoNC� ��n co�n �LLOco Q J� N c'7 N Q J� N N .- OJ� �Jm �JCD �Jm aa aa aa rno oc��non covr�c� ino voov oo�noo�n rnvrnoc� o0 O�V V c+0 V QO00 MN �(D h0 u)OOU) �o0c700c0 a0 N �DOO O tO�N N(D(00c0 (DO�e- O�O 0�000� .-tha0 c'�O(D NON(V V N C J W cOChO (0000c0� Om�DaO a0 � V J� M O V N c") c'�I�N NO)a0�V �_„��' � .-Q co�o � cocococ� co��nco co�n � .- Qw o�o� `ScocDao�n cvr rn .- Qwrn cbi-� v � co c�r�inr>� oco n co �;�F(� �co� �n v�r� mon mc� rv �F(�i. 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N � � �� 1n � (O.- � (DC'7 1nc'7 �Otn m O W� � O W� Z N�m � N�m N�m Z Z m Z � U � � � U p �F o �F � >-Z �� Z LLZ j U W g� �F= u' U �hgf� � LL W Z LL�� xx > cW� a "av~iZ °� a� Z W } �O o U V U twn Z W > �W�LL V LL O a z F �az zz � a z Q Fzawz z_ � m N � Waxg oo m Q .� wxxQ oF- � = o � � ��QQ zz a x o � > � ��v��Q �Z z Q z �sWo o �m zz � �' z �sgwo pO�°00 N� W C� LL v�U= W�p� oo a U �LL rn►-U= WLLp�� .�Q c9cnw 0>v� m�� ¢ F--Q U C9cniw ��rn m�►-�Q °°z Z W J fqln_� Q W W JU �— Z W J (nN_ Q W W-�WU Q � C� W FF-W U LLQ U �3m W FF-JWU LLQLL FO ZZg �LL �J ZIn�Z F�(yJ ZZO �LL Qfn J Zy�fnZ !nU t�> ¢ gz�mra- gZC��o oa �>�¢ �z�am� �ZC�.>ZO �m ww > QwawO Q�UZ �w ww0> ¢wa ¢w0 Q�U�z �� m� a v�m o o� m�aw ao m�m ¢ �nm o�o� m� a►-w -75- 6f intero�Ffice MEMORANDUM 50UTH TAHOE PUBLIC UTILITY DISTRICT to: Board of Directors from: Paul Hughes, Chief Financial Officer -- sub�ect: payment of Claims Report date: May 9, 2013 Due to an outstanding payment of claims issue, Accounts Payable has delayed the May 16 payment of claims processing. As such, the Payment of Claims report will be delivered to you prior to the May 16 Board meeting. Your cooperation with this inconvenience is appreciated. -��- General Manager Richard H.Solbrig � . tsso� �� Director5 � �� /� � P ChriS Cefalu �� V• � �V James R.Jones , . � , , RanAy Vogeigesang � pu b[�c U t�I�ty D�5tr�ct Kelly 5heehan Eric 5chafer 1275 Meadow Cnest Drive•Sauth Lake Tahoe•CA 96150-7401 Phone 530 544-6474•Fax 530 541-0614•WWW.StpUG�.U5 BOARD AGENDA ITEM 1 3a TO: Board of Directors FROM: Pdul Sciuto, Assistant General Manager/Engineer MEETING DATE: May 16, 2013 ITEM- PROJECT NAME: Conference with Legal Counsel- Existing Litigation REQUESTED BOARD ACTION: Direct staff. DISCUSSION: Pursuant to Section 54956.9(a) of the California Government code, Closed Session may be held for conference with legal counsel regarding existing litigation: False Claims Act Case: United States, the States of California, Delaware, Florida, Nevada, and Tennessee and the Commonwealths of Massachusetts and Virginia ex rel. John Hendrix v. J-M Manufacturing Company, Inc. and Formosa Plastics Corporation, U.S.A., Civil Action No. ED CV06-0055-GW, United States District Courf for the Central District of California. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: _ _ __ _ _ _ _ - CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water GENERAL MANAGER: YES NO CHIEF FINANCIAL OFFICER: YES NO -79- General Manager Richard H.Solbrig � � �� Director5 � � Chris Cefalu O �� T JameS R.JoneS s 1 ah �� Randy Vogelge5ang ;� �ub[ic Utili-ty DiStr�ct KellySheehan Eric Schafer 1275 Meadow Cr�est Drive•South Lake Tahoe•CA 96150-7401 Phone 530 544-6474•Fax 530 54-1-0614•www.stpuc#.us BOARD AGENDA ITEM � 3b TO: Board of Directors FROM: Paul Sciuto, Assistant General Manager/Engineer MEETING DATE: May 16, 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 Manufacturing, et al. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ACTION: CATEGORY: Water - - -- ----- - - --=_ - - - . _ _= _ - _ General Manager Richard H.Solbrig � . t�`o w 8r�,, O f '� � �� Director5 `� Chris Cefalu James R.Jonee :,� + + • e . Randy Vogelgesang �'ubllc Utli��y D��tri�t KellySheehan Eric Schafer 1275 Meadow Crest Orive•Sauth Lake Tahoe•CA 96150-?40Z �"hone 530 54�4-6474•Fax 530 541-�6i4•www�tpud.us BOARD AGENDA ITEM 1 3c TO: Board of Directors FROM: Tim Biedsoe, Customer Service Manager MEETING DATE: May 16, 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 - - -=-ffWfRA�iVf�4fitk�ER: _ : YE3 _- _ ___ 1��--_ _ _ _ _ _ _ : - --_- - :_ =_- CHIEF FINANCIAL OFFICER: YES NO -83-