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AP 06-02-05SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" REGULAR BOARD MEETING AGENDA Thursday, June 2, 2005 2:00 P.M. City Council Chambers 1900 Lake Tahoe Boulevard, South Lake Tahoe, California Richard Solbri~, General Manager Eric W. Schafer, President BOARD MEMBERS Paul Sciuto, Assistant Manager I · Duane Wallace, Vice President James R. Jones, Director Mary Lou Mosbacher, Director Tom Comte, Director I II III II Ii I I IIII II I Il I II I I ! I I I 1. CALL TO ORDER REGULAR MEETING - PLEDGE OF ALLEGIANCE m COMMENTS FROM THE AUDIENCE (Short non-agenda items that are within the subject matter jurisdiction of the District. Five-minute limit. No action will be taken.) 3, CORRECTIONS TO THE AGENDA OR CONSENT CALENDAR ADOPTION,, OF CONSENT CALENDAR (Any item can be discussed and considered separately upon request.) 5. CONSENT ITEMS BROUGHT FORWARD FOR ACTION I DISCUSSION 6. ITEMS FOR BOARD ACTION REQUESTED BOARD ACTION Sewer Lateral Position Paper (Lisa Coyner) Review Position Paper and Direct Staff Regarding Potential Changes to Ordinance bo B-Line Phase 3: Export Pipeline Replace- ment - Administrative Civil Liability (Paul Sciuto / Richard Solbdg) Approve Payment of Administrative Civil Liability from Lahontan Regional Water Quality Control Board in the Amount of $70,000 REGULAR BOARD MEETING AGENDA - JUNE 2, 2005 Reserve Policy (Rhonda McFarlane) PAGE- 2 Adopt Resolution No. 2801 to Update the District's Reserve Policy Superseding Resolution No. 2785-04 in its Entirety College Well License Agreement (Rick Hydrick) Direct Staff to Exercise Option to Option to Extend License Agreement an Additional Twenty-five Years Payment of Claims Approve Payment in the Amount of $1,664,715.46 BOARD MEMBER STANDING COMMITTEE REPORTS Executive Committee (Schafer / Wallace) Finance Committee (Wallace I Schafer) Water & Wastewater Operations Committee (Jones / Comte) Planning Committee (Mosbacher / Schafer) BOARD MEMBER AD HOC COMMITTEE REPORTS a. Building Ad Hoc Committee (Mosbacher / Jones) b. Lukins Water System Ad Hoc Committee (Wallace / Comte) 9. BOARD MEMBER REPORTS 10. EL DORADO COUNTY WATER AGENCY REPRESENTATIVE REPORT 11. 12. 13. 14. GENERAL MANAGER REPORTS STAFF REPORTS NOTICE OF PAST AND FUTURE MEETINGS I EVENTS Past Meetinfls I Events 05~24~05 - Planning Committee Meeting 05/31105 - Operations Committee Meeting 06102/05 - Executive Committee Meeting 06~02~05 - Board Workshop re: Strategic Plan Future Meetings I Events 06/07/05 - 9:00 a.m. - Alpine County Supervisors Regular Meeting in Markleeville 06~07/05 - 9:00 a.m. - City Council Regular Meeting at Council Chambers 06~08~05 - 9:00 a.m. - El Dorado County Water Agency Regular Mtg. in Shingle Springs 06/16105 - 2:00 p.m. - STPUD Regular Board Meeting at City Council Chambers 06/21/05 - 8:00 a.m. - ECC (Employee Communications Committee Meeting) at District (Director Jones is Board representative) CLOSED SESSION Pursuant to Government Code Section 54956.9(b)/Conference with Legal Counsel- Anticipated Litigation (Two Cases) REGULAR BOARD MEETING AGENDA - JUNE 21 2005 PAGE - 3 Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel- Existing Litigation: STPUD vs. 1442.92 Acres of Land in Alpine County, California; et al., United States District Court for the Eastern District of Ca., Sacramento Division, Case No. CIV S-02-0238 MCE JFM Pursuant to Government Code Section 54956.9(c)/Conference with Legal Counsel- Anticipated Litigation: Pioneer Trail Waterline Replacement Near Filter Plant Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel- Existing Litigation re: Meyers Landfill Site: United States of America vs. El Dorado County and City of South Lake Tahoe and Third Party Defendants, Civil Action No. S-01-1520 LKK GGH, United States District Court for the Eastern District of Ca. Pursuant to Govemment Code Section 54957.6(a)/Conference with Labor Negotiators Unrepresented Employee Position - General Manager Agency Negotiators: Executive Committee, Board of Directors t5. ACTION ! REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION 16. ADJOURNMENT (To the next regular meeting, June 16, 2005, 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 Fdday. 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. 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. Comments on items not on the agenda can be heard during uComments from the Audience;" however, action cannot be taken on items not on the agenda. Please provide the Clerk of the Board with a copy of all written matedal presented at the meeting. 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 for the disabled are needed (i.e., disability-related aids, or other services), please contact the Clerk of the Board at 530.544.6474, extension 6203, at least 24 hours in advance of the meeting. ITEMS ao Seasonal Help (Mike Adams) CONSENT CALENDAR JUNE 2, 2005 REQUESTED ACTION Approve Increase to Purchase Order No. P16149 in an Amount Not to Exceed $30,000 Seasonal Help (Rick Hydrick / Chris Stanley) Approve Purchase Order No. P16162, to Pay for One Seasonal Employee in the Under- ground Repair Water Department, in an Amount Not to Exceed $23,000 d Sewer Enterprise 2005-06 Appropriations Subject to Limitation (Debbie Henderson) B-Line Export Pipeline Replacement: Phase 3 (Jim Hoggatt) Adopt Resolution No. 2800-05 Setting the Limitation on Appropriations for Fiscal Year 2005-06, Superseding Resolution No. 2789-04 in its Entirety Approve Change Order to Cox & Cox Construction in the Amount of $66,125.27 Lease Agreement for Tahoe Paradise Building (Rhonda McFarlane) Approve the Lease Agreement with El Dorado County Search and Rescue for 1834 Santa Fe Road, Building B, Tahoe Paradise, CA Regular Board Meeting Minutes: May 19, 2005 (Kathy Sharp) Approve Minutes South Tahoe Public Utility Distdct · 1275 Meadow Crest Drive · South Lake Tahoe, CA 96150 Phone 530.544.6474 · Facsimile 530.541.0614 · www.stpud.us South Tahoe Public Utility District General Manager F. Ichard H. $olbHg Direccor$ Tom Comt~ James R. Jones Ma~ Lou Mo~bacher Puane Wallace Eric .$chafer 1275 Meadow Crest Drive · SoUth Lake Tahoe e CA 96150-7401 Phone 530 544-6474 ° Fax 530 541-0614 · www. stpud.us BOARD AGENDA ITEM NO. 4.a TO: Board of Directors FROM: Mike Adams, U/R Supervisor - Sewer MEETING DATE: June 2, 2005 ITEM - PROJECT NAME: Seasonal Help REQUESTED BOARD ACTION: Approve increase to Purchase Order No. P16149 in an amount not to exceed $30,000. DISCUSSION: A seasonal employee started May 3, 2005, and another will be hired after July 1,2005. The seasonal employees will work a total of 999 hours each or until October 1,2005, whichever comes first. The first seasonal employee is being used to perform the duties of a full time employee (who has been reassigned to work on a special project locating any laterals that cross creeks that might pose a potential risk to the collection system). The second seasonal employee will be used to assist in easement clearing. District crews, along with seasonal employees were able to clear approximately 65,000 feet of easements during 2004. With approximately 15-20 percent of the collection system in easements, clearing easements is an important part of the overall maintenance of the collection system. SCHEDULE: COSTS: Not to exceed $30,000 ACCOUNT NO: 1001-4405 BUDGETED AMOUNT REMAINING: $3,162 04/05, $38,000 05/06 ATTACHMENTS: None CONCURRENCE WITH REQUESTED A_C/~'I~N: GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES'J~~_.~.~ NO NO CATEGORY: Sewer South Tahoe Public Utility District General Manager Richard H. Solbrlg D/rec~or$ Tom Comt~ James I~ Jones Mary Lou Mosbacher [)uane Wallace Eric Schafer 1275 Meadow Crest Drive. SoUth Lake Tahoe, CA 96150-7401 Phone 530 544-6474 · Fax 530 541-0614 · www. stpud.us BOARD AGENDA ITEM NO. 4.b TO: Board of Directors FROM: Rick Hydrick, Manager of Field Operations Chris Stanley, Acting U/R Supervisor Water Department MEETING DATE: June 2, 2005 ITEM - PROJECT NAME: Seasonal Help REQUESTED BOARD ACTION: Approve Purchase Order No. P16162, to pay for one seasonal employee in the Underground Repair Water Department, in an amount not to exceed $23,000. DISCUSSION: During the summer, seasonal employees increase the productivity and efficiency of the underground repair crews. In addition, the underground repair crews are short-handed this summer, due to the loss of employees. SCHEDULE: COSTS: Not to exceed $23,000 ACCOUNT NO: 2001-4405 BUDGETED AMOUNT REMAINING: <$5,510> 04/05, $22,000 05/06 ATTACHMENTS: None CONCURRENCE WITH REQUESTED ~,~TION: GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES~y~ NO NO CATEGORY: Water South Ta, hoe Public Utility District General Manager Richard H. ~olbrlg Directors Tom C, omts James I~ Jones Mary Lou Mo~bacher Duane Wallac~ Enic ,~chafer 1275 Meadow Crest Drive · SoUth Lake Tahoe e CA 96150-7401 Phone 530 544-6474 · Fax 530 541-0614 · www. stpud.us BOARD AGENDA ITEM NO. 4.c TO: Board of Directors FROM: Debbie Henderson, Accounting Manager MEETING DATE: June 2, 2005 ITEM - PROJECT NAME: Sewer Enterprise 2005-06 Appropriations Subject to Limitation. REQUESTED BOARD ACTION: Adopt Resolution No. 2800-05 setting the limitation on appropriations for fiscal year 2005-06, superseding Resolution No. 2789-04 in its entirety. DISCUSSION: This is the District's annual resolution called for by Constitutional Amendment XIIIB. The limitation on appropriations for fiscal year 2005-06 is $47,350,131. The Sewer Enterprise fund budget for fiscal year 2005-06 appropriates $23,658,624. As such, the District is $23,691,507 below the state mandated spending limit. SCHEDULE: Adopt resolution June 2, 2005 COSTS: N/A ACCOUNT NO: N/A BUDGETED AMOUNT REMAINING: N/A ATTACHMENTS: Resolution No. 2800-05 and a calculation of the permitted appropriation growth rate CONCURRENCE WITH REQUESTED A~,~'ION: GENERAL MANAGER: YES ~"~', CHIEF FINANCIAL OFFICER: YES~Jf'~'ll~ ~ NO NO CATEGORY: Sewer 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. 2800-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT ADOPTING THE SEWER ENTERPRISE FUND APPROPRIATIONS SUBJECT TO LIMITATION AND PROCEEDS OF TAXES FOR FISCAL YEAR 2005-06 WHEREAS, the people of the State of California have elected to approve Constitutional Amendment XIIB, and the Legislature of the State of California has voted to adopt Senate Bill No. 1352, which implements Constitutional Amendment XIIB, setting the method of computing annual appropriations subject to limitation of local non- residential construction and population; and WHEREAS, the Directors selected the change in per capita personal income; and WHEREAS, such legislation sets the base year for this computation as Fiscal Year 1978-79; and WHEREAS, such legislation required documentation setting such appropriation limitations shall be available to the public fifteen days prior to the adoption of this resolution; and WHEREAS, on May 13, 2005, such documentation was made public: NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the South Tahoe Public Utility District does find and declare that the appropriations subject to limitation for Fiscal Year 2005-06 are: $23,658,624; and that for Fiscal Year 2005-06, the proceeds of taxes are defined in the enabling statues are: $5,266,001; and that the increase in proceeds of taxes over the appropriations subject to limitations is: $-0. PASSED AND ADOPTED at a duly held regular meeting of the Board of Directors of the South Tahoe Public Utility District on the 2nd day of June, 2005, by the following vote: AYES: NOES: ABSENT: IIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIII 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 Resolution No. 2800-05 June 2, 2005 Page 2 &TTEST: Kathy Sharp, Clerk of the Board Eric W. Schafer, Board President South Tahoe Public Utility District SOUTH TAHOE PUBLIC UTILITY DISTRICT Permitted Growth Rate in Appropriations for 2005-06 Appropriation Limitation 2004-05 Increase In CA Per Capita Personal Income $44,219,398 5.26 + 100.00= 100 1.0526 Increase In Population E1 Dorado County 1.73 + 100.00= 100 1.0173 Change Ratio 1.0526 x 1.0173 X 1.0708 Appropriations Limitation for 2005-06 Actual Appropriations 2005-06 Limitation Exceeding Actual Appropriations 2005-06 $47,350,131 $23,658,624 $23,691~507 Historical Appropriations Limitations & Proceeds Of Taxes --e-- Appropriation Limitation ---a-- Actual Appropriations $50 $45 $40 $35 $30 $25 $20 $15 $10 $5 $o ,.,.,~ ,.-~ ,.,.4 ,~,; ,~ ,-,4 ,~ ~,-~ =~4 ~ Fisml Year 2005-06 Actual Appropriations: Cash Expenditures $19,195,624 Depreciation $~41463~000 Total Expenditures $23,658,624 South Tahoe Public Utility District General Manager Richard H. 9olbrig Tom Comt~ James I~ Jones Mary Lou Mosbacher Duane Wallace Eric 5chafer 1275 Meadow Crest Drive · SoUth Lake Tahoe, CA 96150-7401 Phone 530 544-6474 · Fax 530 541-0614 · www. stpud.us BOARD AGENDA ITEM NO. 4.d TO: Board of Directors FROM: Jim Hoggatt, Engineering Department Manager MEETING DATE: June 2, 2005 ITEM - PROJECT NAME: B-Line Phase 3: Export Pipeline Replacement REQUESTED BOARD ACTION: Approve Change Order No. 7 to Cox & Cox Construction in the amount of $66,125.27. DISCUSSION: The itemized parts of Change Order No.'7 are as follows: Part A, in the amount of $13,720.44, is for having to handle the k-rail twice due to weather conditions. The day the k-rail was delivered the contractor where unable to set traffic control and work on Highway 89 due to snow. The contractor had to off load the k-rail in a staging area, and once the weather allowed the contractor had to move the k- rail back to Highway 89. The Highway 89 portion of this project did not allow for weather day delays. Part B, in the amount of $7,529.28, is the delay cost because the contractor could not work on May 28, 2004, due to rain. The Highway 89 portion of this project did not allow for weather day delays. Part C, in the amount of $35,759.31, is for additional drilling and blasting of rock. The drilling and blasting for this project was done on time and material and this is the last of the invoices. Part D, in the amount of $9,116.24, is for the additional survey the contractor was required to do. The contractor was required by contract to have a California licensed surveyor do the lay out work from the District provided control points. There were occasions when the District had to make modifications of the route and requested the contractor provide the survey. SCHEDULE: As soon as possible COSTS: $66,125.27 ACCOUNT NO: 9098-8828/BLNIII BUDGETED AMOUNT REMAINING: <$1,055,697> ATTACHMENTS: Change Order No. 7, Budget Analysis CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES ,,~X/// CHIEF FINANCIAL OFFICER: YES~_.Jz~_ NO NO CATEGORY: Sewer CHANGE ORDER NUMBER Project B-LINE REPLACEMENT - PHASE 3 Contractor COX & COX CONSTRUCTION, INC Date June 2, 2005 7 PO # P14523 The Contract Shall Be Changed As Follows: A) Cost for handling the K-rail the second time due to weather for a lump sum amount of $13,720.44. See District letter dated May 2, 2005 for breakdown of all cost for COR 3. TOTAL FOR ITEM A IS $13,720.44 B) Cost for show up time for the General and Sub Contractor crews due to rain on May 28, 2004 for lump sum amount of $7,529.28. See District letter dated May 2, 2005 for breakdown of all cost for COR 16. TOTAL FOR ITEM B IS $7,529.28 TOTAL FOR CHANGE ORDER NUMBER 7 IS A+B+C+D -- $66,125.27 Dollar Amounts Contract Time Original Contract $4,996,642.00 Previous Change Orders $1,536,955.28 Current Contract $ 6,533,597.28 THIS CHANGE ORDER $ 66,125.27 New Contract Total $6,599,722.55 This Change Order constitutes full and mutual accord and satisfaction for all time and all costs related to this change. By acceptance of this Change Order the contractor agrees that the Change Order represents an equitable adjustment to the contract price and time, and further agrees to waive all right to file a claim arising out of or as a result of this change. Authorized By STPUD Board President Date: Accepted By Contractor Date: Reviewed By Date: C) Increase amount for Contract Bid Item 11 Blasting by $35,759.31 as described in Project Specification. Work was performed on time and material not to exceed $35,759.31. See COR 35 for breakdown of cost. TOTAL FOR ITEM C IS $35,759.31 D) Additional Surveying at project site for lump sum amount of $9,116.24. See District letter dated May 2, 2005 for breakdown of cost for COR 36. TOTAL FOR ITEM D IS $9,116.24 TOTAL FOR CHANGE ORDER NUMBER 7 IS A+B+C+D = $66,125.27 South Tahoe Public Utility District General Manager Richard H. Solbrig Dlrec'cor$ Tom Comte James I~ Jones Mary Lo. Mosbach~r Duane Wallace Eric Schafer May 2, 2005 1275 MeadoW Crest Drive · South Lake Tahoe, CA 96150-7401 Phone 530 544-6474 · Fax 530 541-0614 ° www. stpud.us Vernon R. Cox, .lr. Cox & Cox Construction P.O. Box 922588 6591 East Side Road Redding, CA 96003 Re: B Line Replacement Phase 3 Project Response to the Request for Equitable Contract Adjustment Dear Buddy: This letter is in response to Cox & Cox's Request for Equitable Contract Adjustment dated .lanuary 2005. The contents of this letter as well as any discussions pertaining to the analysis will require action by the District's Board of Directors prior to any final agreement on payments or settlements of contractual obligations associated with the B- Line Phase 3 Project. Introduction The South Tahoe Public Utility District (District) received from Cox and Cox Construction, ]:nc. (Contractor), a Request for Equitable Compensation on .lanuary :L2, 2005. After a brief preliminary review of the request, District staff asked for additional information from Contractor on February 8, 2005. ]:n particular, the District requested a copy of the original bid documents, as well as copies of contracts and correspondence that Contractor had with all subcontractors and suppliers on the project. These documents were obtained by Paul Sciuto and .lim Hoggatt at your office on February 25, 2005. District staff has reviewed the request, as well as the original bid, initial construction schedule, the requirements of the contract documents, approved change orders, project correspondence, and the District's daily field reports. As shown in the summary table below, the District's evaluation of the request is that the amount of extra work not already covered by approved change orders is $276,250. Vernon R. Cox, 3r. Cox & Cox Construction IVlay 2, 2005 Page 2 SUHMARY OF CLA~Zf4 ANALYSZS Potholing $-0- Snow Days $7,303 Utility Conflicts on Highway 89 $1:[7,710 Campground Road Delays $0 Creek Crossing Delay $0 Revised Grades 46+00 to 48+00 $0 Field Miters 71, 73 $0 Revised Grades 52+00 to 58+00 $0 Additional Equipment $0 Additional Excavation/Rock and Boulder $98,778 Excavation Added Erosion Control $0 Added Concrete Slurry Costs on Hwy 89 $1,818 Extended Field Overhead $50,641 Home Office Overhead Costs $0 Subtotal $276,250 Markup (included in above costs) $0 Outside Claim Preparation Costs $0 Interest on Unpaid Costs (including markup)$0 TOTAL $276,250 The following pages address your Request for an Equitable Contract Adjustment in the same order that they were presented by the Contractor. There were several cases where the categories presented exhibited overlap that resulted in an amount of "double counting." The District has attempted to identify each of these instances so that our Response is as clear and direct as possible. To evaluate the Contractor's request for additional funds the District first identified the different components of the request and then directed each component to District staff that had the most knowledge of how that particular component was approached by the Contractor in the field, and what part the District played in the completion (or in some cases, non-completion) of the component. The results of the District's evaluation of each of the components that make up the Contractor's request for additional funds are presented in the following attachments. .D1) Delay No. 1 - Potholing Potholing was conducted on May 4, 13, and 14 along Highway 89. Vernon R, Cox,']r, Cox & Cox Construction IVlay 2, 2005 Page 3 Potholing to verify existing utilities is required per Specification Section 00200, Part 1, 1.02, B) 1). And Section 15052, Part 3, 3.01, A) 1) and 2). Potholing is also required per Plans, Sheet T-l, G001 Note 4, and Sheets C-3 and C-4 Notes on Plan View. The District can see no justification for granting an extra to the contract for required potholing activities. D2) Delay No. 2 - Days lost due to snow. No work activities were conducted on Highway 89 which required lane closures due to snow on May 10 and 11. Although the actual decision to not attempt to work on the highway on May 11 was actually made by the Contractor (Chris Tanner at 6:50 a.m.), the District agrees that in fact the Contractor's operation was delayed for these two days. See attached calculation for weather days' standby costs [Delay No. 2. Snow Days (May 10 & 11) and Rain Day (Nay 28)]. D3) Delay No. 3 - Utility Conflict on Highway 89 A review of daily field reports reveals the following: Actual setting of K rail along Highway 89, and the start of 24 hour traffic control, commenced on May 12. May 13 and 14 were spent conducting required potholing operations. Based upon the above actual schedule, pipeline excavation activity did not commence until IVlay 17, with a two-shiffc operation (excavation conducted at night). Therefore the pipeline installation activity analysis along Highway 89 covers the period May 17 through .lune 4; work days: May 17-21, 24-27 (note, May 28 is a rain day) and .lune 1-4, for 13 workdays. 13-3.2=9.8 workdays which equals 78 hours. Recalculating the worksheet, Credit from C0#3 Item C of $30,000. Total: 147,710 -30,000 $117,710 In addition, a rain day delay on May 28 is agreed to by the District, and will be compensated under the weather related item with the two snow days. See attached calculation for utility conflict on Highway 89 [Delay No. 3. Delay Due to Utility Conflict on Highway 89]. Vernon R. Cox, .~r. Cox & Cox Construction IVlay 2, 2005 Page 4 D4) Delay No. 4 The main contention on the campground road delay is that there were a number of conditions that changed on the project from the time of bidding to the time of construction. Each one is discussed below: Only rocks over three feet could be blasted. The District never said that rocks under three feet could not be blasted, only that the District would not pay the time and material costs for the effort. Rocks up to three feet could be excavated, but the Contractor chose to set up a crushing operation, which required rocks to be broken up to under two feet. This means and methods chosen was the Contractor's, and was actually different than what was estimated in the bid process. Articulated trucks had to be used because of the blasting restriction imposed by the District, requiring the hauling of three-foot boulders. A review of the Contractor's bid reveals that articulated trucks were planned to be used all along - two for the excavation operation, and two for the backfill operation. These trucks were required to traverse all of the off-road conditions on the project, which was evident from the beginning. The articulated trucks could not use the campground access road if drilling and blasting was performed. What actually occurred was that the District inspector would not authorize payment for drilling the pattern test holes, or shot holes, more than once. :If the trucks ran over the drilled holes, and they had to be drilled out again, that was regarded as a cost to the Contractor due to his means and methods selection of the crushing operation. The narrow right-of-way along the campground road was also listed as part of the reason for the delay, precluding excavation work proceeding away from the rock crusher. Again, nothing was different from bid time, and a primary reason for making the prebid meeting mandatory was to ensure that the Contractor would see first hand the site difficulties on this job, such as the narrow right-of-way. Given the two shift operation on the highway, which commenced on IVlay 17th, the District cannot understand why drilling and blasting could not have been done during the day along the campground access road while pipe installation, welding, x- raying and coating operations were proceeding on the highway. The off-road articulated trucks certainly would have been able to traverse the blasted road after Vernon R. Cox, 3r. Cox & Cox Construction May 2, 2005 Page 5 some minor amount of regrading, on the night shift for both excavation and backfill operations on the highway. No additional compensation is warranted. DS) Delay No. 5 - Creek Crossing No mention of work stoppage in dailies last week of _luly. Review of daily field reports reveals no work stoppage on August 2 other than equipment breakdown (322 Cat Exc, PC300), placing pipe, welding and coating activities were continuing. On August 3, the BMP's along the campground road had to be corrected prior to further work proceeding. Cleanup in order to properly install rebar cage going on, as well as cutting joint (MK-70 to MK-71) which was welded backwards. No evidence of work stoppage. On August 4, concrete placed, MK-70 to MK-71 rewelded, for work along lower campground road. On August 5, gave Contractor go ahead to install stream diversion for Grass Lake Creek :L p.m. - process of diversion dam starts. On August 6 - discussed secondary diversion dam. On August 9 - resumed trenching at ! p.m. It appears that this delay did not actually shut down necessary operations completely for the entire 8 days. Given work items detailed on August 2, 3, and 4, and resuming excavation at I p.m. on the 9th, it appears that 6 days is a more accurate delay amount. Recalculating the delay table, and correcting for two equipment items, yields a figure of $18,636. See attached table. Given the fact that the District has paid $30,000 under Change Order NO. 3, :Item F for extra work items for the creek restoration work, and the extra items such as secondary sand bag dam, backup pump, laborer to check on pump, and double pipe system do not appear to be anywhere near $30,000, no additional payment seems warranted. See attached calculation table, "Delay No. 5. Delay at Creek Crossing". Vernon R. Cox, Jr. Cox & Cox Construction May 2, 2005 Page 7 Given the fact that the District has paid under Change Order No. 3, ]~tem E, $20,000 for adjusting grades around the tear-out-and-replace section, no additional compensation is warranted. Additional Equipment This item is predicatedon several key ideas. First of all, the amount of excavated material that was handled was 4000 CY more than planned. As explained and calculated in detail under the over excavation item, the amount of material actually excavated on the project should have been expected and planned for. Secondly, the statement is made that the District prevented Contractor from moving the crushing operation from the campground to Luther Pass Pump Station (LPP$). This is not correct. The Tahoe Regional Planning Agency (TRPA) inspector and staff did in fact raise objections based upon noise concerns for the neighborhood, but District staff made it clear that we intended on allowing this operation to be conducted by the Contractor. District field staff repeatedly asked when this move was to be done because noise measurements were going to be recorded for information to be provided TRPA. The contractor chose not to relocate the crusher for his own reasons. The staging area shown on the drawings at LPP$ was utilized by the Contractor as he saw fit. A review of the bid documents reveals the following: Even at the grossly underestimated excavation and backfill quantities (vertical trench walls, no shoring), the truck fleet required was 2 articulated trucks on site, and two end dump/haul trucks off site for the excavation operation, and the same for the backfill operation. That is 8 trucks total, even at the volumes that were almost half of what should have been expected. Our records, and the claim, seem to indicate a total of about 8 trucks working the project. We do not see the justification for the District paying for extra trucks due to rocks or boulders. The three extra pieces of equipment listed (two excavators and a loader) are said to be loading rock at bottom, but are shown as being on site from May 13, before any excavation activities had occurred on the project. Only the Komatsu PC200 excavator matches the correct time period for having to load rock at the LPPS, and, as stated above, moving the crusher to LPP$ was allowed by the District. In addition, the bid documents indicated three different excavators to be employed on the project, even without a crushing operation on site, but simply loading out/hauling off and importing all material. Four excavators were on site for only about 3.5 weeks Vernon R. Cox, .]r. Cox & Cox Construction May 2, 2005 Page 8 total on the project (8/31-9/25). Otherwise, only three excavators were on site at any one time. No additional compensation appears warranted for extra equipment. Added Excavation Time for Quantity: Attached is a detailed analysis by our design engineer on the request for additional hours (and resulting costs) based upon an increase in the excavation quantities. The conclusion is that compensation for additional excavation quantity is not warranted. In addition to the actual calculations of excavation quantities, the contractor has identified two particular areas where extra work was required. The first area was Sta. 21+00 to 25+50, where an error in the ground profile shown on the Plans was discovered. This error would have led to a significant increase in the depth, of excavation if the pipe had been installed at the elevation shown. The required depth- of-installation for the pipe was reduced in order to save much of this extra excavation. The costs to reweld joints on the steel pipe in order to raise the elevation of the line in this 450-foot area were estimated to be $25,000, and were paid under Change Order No. 3, Item D. The type of costs expected to be paid by this change order were welding, x-raying and coating of the reconfigured joints in the pipeline, as well as some additional surveying for the changed elevations. A second area of extra work was the relocation of the line between Stations 11+00 to 18+00. Again, the pipeline depth was adjusted in order to accommodate the changed ground profile along the route. Under Change Order No. 3.H. ($40,000), and Change Order No. 4 ($35,460.84), the District has already paid for the pipe alteration work, per COR#4 from Northwest Pipe for $75,460.84. Surveying work is covered under COR#36. Thus, the above change orders and change order requests have already paid for most of the work of the subcontractors for this item. Added Rock Handling Time Contractor has "guessed" that they spent two hours per day for their excavation operation to handle three-foot diameter rock, versus 15 minutes for what they should have anticipated. Nowhere in their bid documents, or field reports, can either of these numbers be supported. The soils report indicated rock, cobbles or boulders basically everywhere, and the pattern drilling quantity was the entire length of the project, minus the tear out and replace section. Vernon R. Cox, Jr. Cox & Cox Construction May 2, 2005 Page 9 The-Contractor did have a time and material estimate, as part of the bid, of $350,000, in bid item No. 11. Upon completion of the project, this item had been increased, per charge orders, to: Change Order No. 1 Change Order No. 3A Change Order No. 5A Change Order No. 6A Total Increase: Actual Blasting Total: $450,000 $ 55,000 $ 86,306.07 $ 45,520.81 $636,826.88 $986,826.88 $986,826.88 / $350,000 = 2.82 Assuming the 15 minutes per 10-hour shit~ is the correct number, then we believe a supportable number would be 15 x 2.82 = 42.3 minutes as time to deal with rocks versus 15 minutes estimated. Rounding off, say 1/2 hour extra per shift. This is also supported by the fact that Contractor received a 10% markup on all time and material costs paid by the District for the blasting subcontractor. This resulted in a payment of $89,711.53 to Contractor for this work, certainly more than enough to cover administration, and supervision of the subcontractor's work. For the 95 shifts, we then have 47.5 hours of extra work to deal with three-foot diameter rocks. In redoing the calculation, the District has paid $270,000 to cover overtime costs, and so the operator time for the extra 47.5 hours to deal with the three-foot diameter rocks should be paid at straight time. In addition, the PC400 excavator was brought to the site on 5/10, before any excavation work was done. To say that the District should pay the differential between that and the PC300 excavator (the size excavator in the bid) due to handling of 3-foot diameter rock does not seem warranted. It appears to the District that the severe underestimation of the excavation quantity required is the reason for increasing the size of the excavator. The recalculation therefore totals $98,778. See attached Table, "Added Boulder Removal Costs". Vernon R. Cox, Jr. Cox & Cox Construction May 2, 2005 Page 10 Erosion Control Erosion Control measures would have had to have been installed at the commencement of the project, and would have had to remain in place for the duration of the project until revegetation work was nearly complete. Since the original schedule submitted for the project showed the revegetation work not being completed until the first week of October, the claim that the Contractor had to maintain the erosion control work for a substantially longer period of time than planned does not appear to be supportable. The District acknowledged that additional erosion control work was required by the agencies, particularly along Highway 50. Thus, Change Order No. 3 !tern ! was written and paid,, in the amount of $30,000. This actually exceeds the amount requested under this item. No additional compensation is warranted. Slurry Costs Bid quantity is based upon a vertical trench wall, i.e., 30 inches deep by 5 feet wide. Without shoring, which was not done, this is absolutely not attainable, even as described by Contractor in their excavation-overrun section of this claim. There were no blasting restrictions in the highway not spelled out in the Plans and Specs - in fact, blast relief holes were indicated on the Plans to reduce the disturbance of the highway, which the Contractor and his subcontractor chose to not follow. Although the District believes that not utilizing the blast relief holes exposed the contractor to cover any overrun on the slurry quantity, the District checked the slurry quantity based upon the required trench side slopes of 1.5 to 1. Comparing this quantity to the actual quantity utilized yields an overrun of 15 cubic yards. At the actual price of $96/CY, this results in an additional cost of $1,454. With the 25% markup allowed the general contractor; the District will agree to pay an additional $1,818. Extended Field Overhead The cost table was recalculated, based upon the previous analysis as follows: Utility Conflicts on Highway 89: 9.8 days Creek Crossing Delay: 6. days Added Motel costs were based upon an additional 3 days for weather delays in addition to the above. Vernon R. Cox, Cox & Cox Construction May 2, 2005 Page Cost total was recalculated to $50,64::[. Extended Home Office Overhead The contract period per the Specifications was defined as the Notice to Proceed, to 10- ::[5-04. The Contractor's original schedule dated 1-28-04, utilized virtually the entire contract period - until October 4, to complete the project'. No extended home office overhead costs are due the Contractor during the specified and planned contract period. Outside Claim Preparation Cost~ Common practice in the industry is, unless there is a clear, prevailing party, in a dispute, that neither side obtains payment for their legal or expert consultants costs. Recovery of such costs are governed by the contract documents and California law. No additional compensation is justified in this case. Interest on Unpaid Costs There are no provisions in the contract documents for payment of interest, therefore no interest on unpaid extra costs is included. Outstanding Change Order Requests: The following Change Order Requests were listed in the Request for Equitable Compensation: COR No. 3: Snow Shutdown on May 10 and 11 COR No. :[6: Shutdown due to rain on May 28 COR No. 35: Additional Blasting Costs ]~n addition, COR No. 36, for additional surveying will be discussed here. Vernon R. Cox, .lr. Cox & Cox Construction May 2, 2005 Page 12 The following is a summary of the District's evaluation of the outstanding change order requests: Change Order Request COR No. 3 COR No. 16 COR No. 35 COR No. 36 Totals $13~720.44 $ 7~529.28 $ 35~759.31 $ 9~116.24 $ 66~125.27 Amount COR No. 3 for $18,109.63 In the request for equitable compensation the District has agreed to pay for Cox and Cox's equipment to be idle for the two-day weather shutdown. Under thiS COR, the District agrees to pay for any show-up time costs, and the extra two days of costs for subcontractor's and supplier of equipment. In reviewing the daily reports for May 12th, K-rail was completed being set up by noon. :In the p.m., blasting was conducted on the highway, as well as building the ramp with import material off the highway at the pipeline location. Five hours - approximately half the day, appears generous to cover the k-rail set up. The costs recalculated for this is $13,720.44. COR No. 16 for $71,077.66 Under the Request for Equitable Compensation, the District agreed to pay standby costs for all of the equipment in recognition of the rain day on May 28th. The District will agree to also reimburse the Contractor for show up time for subcontractors, and costs for traffic control on the 28~ as well. The majority of the costs claimed under this request are for traffic control for the entire Memorial Day weekend, as well as June 1st and .lune 2nd. The Contractor had not planned on working over that holiday weekend, so the costs for traffic control are not an additional cost to the District. In terms of corrective work to the BMP's on the project, that should have been expected. The fact that this necessary corrective maintenance work to the BMP's was concentrated around this rain day does not make it an extra cost to the District. Vernon R. Cox, .Ir. Cox & Cox Construction May 2, 2005 Page 13 ]:n reviewing the daily work reports, some sloughing of material into the trench, and some regrading effort was done by the crews after the weekend, and as a result of the rain. This work was done while all other operations and activities continued on site -in particular cutting, rewelding and recoating work required for some pipe relaying activities. The regrading efforts do not appear to be unusually difficult, or time consuming. For the contractor to think that no effort would be required to deal with any weather-related impacts is not reasonable. - ]:n addition, the overall progress of the pipe laying operation, in terms of efficiency, is addressed in the Request for Equitable Compensation, under Utility Conflicts on Highway 89. The additional compensation to be paid under COR No. 16 is $7,529.28. COR #35 for $35,759.31 Cox and Cox claims that approved time and material expenses were inadvertently left off Pay Estimates No. 3 and No. 4 by the District. After a detailed review of the attached inspectors notes, and pay estimates, we have concluded that these approved costs have not been paid under any subsequent pay estimate. Thus, these costs are due and payable to the Contractor. COR #36 FOR $29,222.51 Cox and Cox claims that additional surveying was required, in about six different categories of effort. They are addressed below, item-by-item. Realigned sections: Resurveying/restaking efforts were required for this portion of the project. Pending an analysis of extra costs from Northwest Pipe, in light of the over $75,000 already paid for this change, these costs are tentatively approved: $4,058.73 $1,552.68 $5~611.41 Remove and Replace Sections: Requested in Request for Equitable Compensation: Delay No. 6 $2,405.00 Delay No. 7 $2,425.00 Delay No. 8 $4,853.00 This change order request - Surveying $2,635.25 Vernon R. Cox, .lr. Cox & Cox Construction May 2, 2005 Page 14 $2,765.20 $15,083.45 Paid under CO#3 Item E: $20,000 Thus, no additional compensation. Final Closure: Surveying 680.40 Paid under CO#3 Item L: $5,000 Thus, no additional compensation. Control Point (CP) Survey: The reason for this extra is unclear based upon the information presented. There were lots of flagging, iron bars, and stakes in the ground in the area. Control point markings were unique, and should not have been confused with all other points. If only 21 out of 28 control points listed on the plans (Sheet G-2) could be found, then it would seem as though maybe 25% of the survey effort would be an extra, or $1,836.08. A letter concerning COR #36 including additional information and responses will be forwarded to your office and addressed separately. Highway 89: Due to the contract requirements for potholing to determine all of the actual elevations for the existing utilities, the District fails to see why "Providing as-built survey data for District use" should be an additional cost to the Owner. Grass Lake Creek Bridge: The revised calculations and offset layout for the additional footing depth is approved as an extra, for $840. Alignment and Grades: The costs to resurvey and restake the pipeline between Stations 21+00 to 25+00 was paid for as part of CO#3 Item D, for $25,000. Thus the $5,640.91 as requiring an additional payment is denied. The total approved extra costs for surveying is $8,287.49. Including a 10% markup, results in extra compensation of $9,116.24. Vernon R. Cox, Ir. Cox & Cox Construction May 2, 2005 Page 15 If you have any questions or need additional information please contact me. Sincerely, Richard H. Solbrig General Manager/Engineer Enclosures EXPORT PIPELINE - SEC B - PHASE III Account: 9098-8828 BUDGET REMAINING ANALYSIS: 2004/05 All Years Spent to date 4,343,522 8,030,758 Outstanding Purchase Orders- Amec Earth & Environmental 3,528 3,528 Carollo Engineers 49,030 49,030 Codey, Jon 4,202 4,202 Cox & Cox Construction 816,559 816,559 Entrix Inc. 16,266 16,266 Groeniger & Co. 0 0 Hoes Engineering 3,581 3,581 HodelI-Natco 0 0 Johnson Perkins & Assoc 524 524 Kelley Erosion Control 14,560 14,560 Parsons 1,255 1,255 R Supply 163 163 Stantec Consulting Inc. 0 0 Swanson Hydrology 2,440 2,440 TRPA 66 66 Total Encumbered 912,175 912,175 Total Spent & Encumbered 5,255,697 8,942,932 Budget 4,200,000 7,887,236 Under (Over) (1,055,697) (1,055,696) Note 1: The amount over budget reduces the Capital Outlay Reserve. Updated: 5/9/05 South Tahoe Public Utility District General Manager F. icha~d H. Solbrlg D/recUor$ Tom Comte Jarrl~.~ R~ JoMes Mary Lou Mosbachgr Duane Wallace Eric 5chafer 1275 Meadow Crest Drive · SoUth Lake Tahoe ~ CA 96150-7401 Phone 530 544-6474 · Fax 530 541-0614 · www. stpud.us BOARD AGENDA ITEM NO. 4.e TO: Board of Directors FROM: Rhonda McFarlane, Chief Financial Officer. MEETING DATE: June 2, 2005 ITEM - PROJECT NAME: Lease Agreement for Tahoe Paradise Building B REQUESTED BOARD ACTION: Authorize execution of Lease Agreement with El Dorado County Search and Rescue (SAR) for 1834 Santa Fe Road, Building B, Tahoe Paradise, CA. DISCUSSION: The facility at 1834 Santa Fe Road, Building B, Tahoe Paradise, is surplus and currently not in use. The El Dorado County SAR would like to use the building for their headquarters. The Lease Agreement will allow the El Dorado County SAR to use the facility for three years and will allow yearly extensions at the District's discretion. El Dorado County SAR will maintain the building, pay all utility charges, provide insurance, and be responsible for their own snow removal. The Planning Committee met on April 21,2005, to discuss the proposal and recommends entering into the Lease Agreement. SCHEDULE: The Lease Agreement will begin July 1,2005. COSTS: None ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: Lease Agreement CATEGORY: Water LEASE AGREEMENT THIS LEASE AGREEMENT (Lease), is made and entered into this __ day of June, 2005, by and between the South Tahoe Public Utility District, a Califomia Public Agency formed in 1950 pursuant to the Public Utility District Act (District), and E1 Dorado County, a political subdivision of the State of California (County), with reference to the following facts and intentions: A. County provides search and rescue services to the residents and visitors of E1 Dorado County, California; and B. County needs a facility to use for its search and rescue (SAR) headquarters and operations; C. District has a surplus facility that it currently does not use, which is located at 1834 Santa Fe Road, Building B (Premises); and D. District is prepared to lease the Premises to County for its SAR headquarters and operations under the terms and conditions set forth in this Lease and County agrees to such terms and conditions. NOW THEREFORE, the parties agree as follows: 1. Lease. District leases to County and County leases from District, for the Term, as defined below, and upon all the terms, covenants and conditions stated in this Lease for the Premises as described in section 3, below. District shall be deemed to have delivered possession of the Premises to County on the commencement of the Term. 2. Term. The term of this Lease shall commence on July 1, 2005 (Commencement Date) and end on June 30, 2008 (Termination Date), unless sooner terminated pursuant to the provisions of this Lease (Term). The Term will be automatically extended for successive one year periods unless, at least 180 days before the end of the Term, or any extended Term, the District provides County a termination notice. 3. Premises. The Premises consists of the building commonly known as Building "B" and located at 1834 Santa Fe Road, Tahoe Paradise, CA and the exterior area located approximately 30 feet south from the northern boundary and 30 feet west from the western end of said building, a map of the Premises is attached as Exhibit A. 4. Utilities. County will be solely responsible and pay all utility charges to the Premises including but not limited to water, sewer, power, gas, and refuse. 5. Insurance. County shall procure and maintain during the Term, at its own cost and expense, the insurance specified in this section: County shall maintain automobile liability insurance with 373109vl 1 limits not less than Two Million Dollars ($2,000,000) per occurrence, comprehensive general liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence and statutory workers' compensation insurance. District shall be named as an additional insured on such policies and shall be provided a certificate of insurance evidencing the above coverages. Each certificate of insurance shall provide a minimum of thirty (30) days advance written notice to District of any material change or cancellation of insurance required under this section. County will be responsible for insuring County personal property stored at the Premises. 6. Snow Removal. County will be responsible for all snow removal from the Premises including removal of any snow on the roof which District or County determines to be unsafe. 7. Premises Repairs. County shall be responsible for the cost and expense of keeping the Premises in good repair and condition and shall maintain and repair the Premises, including but not limited to interior and exterior walls, structure, painting, electrical, roofing, glass, plumbing, parking areas and driveways. 8. Use. County shall use the Premises exclusively for SAR related operations, such as meetings, training, storage of equipment, vehicles, and other needs in conformance with the SAR activities. All vehicles and equipment stored or parked at the Premises must be in good working order, legally registered to the County, and associated with the SAR operations. Vehicles belonging to County employees and volunteers may be parked on the Premises while attending to SAR operations. County shall conduct its activities on the Premises so as to not unreasonably disturb the quiet enjoyment of nearby property owners and District's operations at Building A. County shall not make alterations without the written consent of the District. County shall commit no waste or damage to the building. No toxic or hazardous materials shall be stored at the Premises. No substance of a dangerous flammable or explosive character shall be kept at the Premises. 9. Rent. As rent for the use of the Premises, County agrees to pay all costs and expenses for the maintenance and repair of the Premises as provided in section 7, below, and to remm the Premises to District in good repair and condition. County agrees that its use of the Premises will be at no cost to District. Review of this Lease by District legal counsel and any reasonable District legal expenses associated with this Lease will be reimbursed to District by County. 10. Termination. The parties may mutually agree to terminate this Lease at any time. In the event of any dispute (includes any legal proceeding i.e. lawsuit, arbitration, action for declaratory relief, etc.) concerning this Lease, the District may terminate this Lease immediately, and County will have 30 days to vacate the Premises. District may terminate the Lease with County if County breaches the terms of this Lease and fails to remedy the default within the 30 days after notice from District including abandonment or vacation of the Premises for a period of thirty days or more. County or District may terminate the Lease with sixty days notice if the Lease no longer is in the best interest of either party. Upon 180 days notice, District may terminate the Lease at any time upon the occurrence of if any of the following circumstances: 1) the property on which the Premises is pending sale or 2) District deems the Premises is no longer surplus. 373109vl 2 11. Indemnification. County shall indemnify, defend and hold harmless District, its directors, elected officials, officers, agents and employees, from and against any and all claims, damages, losses, liabilities and expenses, including attorneys' fees, paralegal and legal fees and costs, which arise out of, relate to or result from this Lease or County's breach of its obligations under this Lease, except to the extent any liability, claim, damage, loss, cost or expense that is caused by District's sole active negligence or willful misconduct. 12. Entry by District. District reserves the right to enter the Premises at reasonable times to inspect the Premises. County shall provide such access to District. District shall have the right to maintain a passkey, and County shall not change the locks without providing District a key. District also reserves the right to maintain or alter the Premises i.e. removal of the satellite pads. The County shall cooperate with all reasonable requests of the District. 13. Sublease and Assienment. County shall not assign this Lease and shall not sublet the Premises in whole or in part or permit the premises to be used or occupied by others without the express written consent of District. 14. Surrender of Premises. Upon the termination of this Lease, County shall quit and surrender the Premises in as good of condition as existed at the commencement of this Lease. County shall remove all personal property, fixtures and other improvements to the Premises, if any, upon termination of this Lease, unless District notifies County otherwise. 15. Destruction of Premises. If the Premises are destroyed substantially in anyway, either party may terminate this Lease without liability for the remainder of the Term. 16. Acts of God. Neither party shall be deemed to be in violation of this Lease if it is prevented from performing any of its obligations due to strikes, failure of public enemy, accidents, fires, explosions, or acts of God, including without limitations, earthquakes, floods, winds or storms. In such an event the intervening cause must not be through the fault of the party asserting such an excuse, and the excused party is obligated to promptly perform in accordance with the terms of the Lease after the intervening cause ceases. 17. Damage to Premises. County shall repair any damage to the Premises which occurs as a result of the County's' use of the Premises or the County's other obligations pursuant to this Lease. 18. Compliance with Law. County shall comply and conduct its activities in accordance with all local, state and federal laws. County shall obtain, at its sole cost and expense, any and all permits and consents from any such governmental agencies having jurisdiction that are necessary for performance of its rights and obligations pursuant to this Lease. 19. General Provisions. 19.1 Good Faith. Wherever in this Lease a party has the right to approve an act of another party, the former shall exercise such discretion in good faith and according to reasonable commercial standards. Similarly, where a party is required to satisfy a condition or 373109vl 3 complete an act in a certain fashion or within a specified time period, that party shall pursue such objectives in good faith and make all reasonable efforts to accomplish the same; the other party shall likewise in good faith cooperate and assist the other party in accomplishing this task to cause the consummation of the agreement as intended by the parties and evidenced by this Lease. 19.2 Construction. The provisions of this Lease should be liberally construed to effectuate its purposes. The language of this Lease 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 Lease 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. 19.3 Severability. If any term, provision, covenant or condition of this Lease 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 or void or against public policy, the remaining provisions of this Lease shall remain in full force and effect and shall not be affected, impaired or invalidated thereby. 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 stated in this Lease. 19.4 Signatures - Counterparts. This Lease may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Lease shall not be effective until the execution and delivery between each of the parties of at least one set of counterparts. The parties authorize each other to detach and combine original signature pages and consolidate them into a single identical original. Any of such completely executed counterparts shall be sufficient proof of this Lease. 19.5 Assignment. A party shall not voluntarily or by operation of law assign, hypothecate, give, transfer, mortgage, sublet, license, or otherwise transfer or encumber all or any part of its rights, duties, or other interests in this Lease or the proceeds thereof (collectively, Assignment), without the other party's prior written consent, which consent shall not be unreasonably withheld or delayed. Any attempt to make an Assignment in violation of this provision shall be a material default under this Lease and shall be null and void. Absent an express signed written agreement between the parties to the contrary, no assignment of any of the rights or obligations under this Lease shall result in a novation or in any other way release the assignor from its obligations under this Lease. 19.6 Successors and Assigns. This Lease shall be binding on and shall inure to the benefit of the parties and their respective heirs, legal representatives, successors and permitted assigns, except as restricted by this Lease. 19.7 Waiver. No waiver of any provision or consent to any action shall constitute a waiver of any other provision or consent to any. other action, whether or not similar. No waiver or consent shall constitute a continuing waiver or consent or commit a party to provide a waiver in the future except to the extent specifically stated in writing. Any waiver 373109vl 4 given by a party shall be null and void if the party requesting such waiver has not provided a full and complete disclosure of all material facts relevant to the waiver requested. No waiver shall be binding unless executed in writing by the party making the waiver. 19.8 Governing Law. The laws of the State of California shall govern the validity and interpretation of this Lease without giving effect to the principles of conflict of laws, with venue for all purposes proper only in the County of El Dorado, State of California. 19.9 Notices. All notices, approvals, acceptances, demands and other communications required or permitted under this Lease, to be effective shall be in writing and shall be delivered in person or by U.S. mails (postage prepaid, certified, retum 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: District Richard Solbrig, General Manager South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 With Copy To: Gary M. Kvistad Hatch and Parent 21 East Carrillo Street Santa Barbara, CA 93101 To: County Michael D. Sukau, Deputy Sheriff E1 Dorado County Sheriff's Office SAR Coordinator 1360 Johnson Blvd., Suite 200 South Lake Tahoe, CA 96150 Any written communication given by mail shall be deemed delivered two (2) business days after such mailing date and any written communication given by overnight delivery 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 as prOvided above. 19.10 Attorneys' Fees. If any legal proceeding (lawsuit, arbitration, etc.), including an action for declaratory relief, is brought to enforce or interpret the provisions of this Lease, 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 by the court 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, it being the intention of the parties to fully compensate for all attorneys' fees, paralegal fees, costs and expenses paid or incurred in good faith. 19.11 Authorizations. All individuals executing this and other documents on behalf of the respective parties certify and warrant that they have the capacity and have been duly 373109vl 5 authorized to so execute the documents on behalf of the entity so indicated. Each signatory shall also indemnify the other parties to this Lease, and hold them harmless, from any and all damages, costs, attorneys' fees, and other expenses, if the signatory is not so authorized. 19.12 Entire Agreement and Amendment. This Lease contains the entire understanding and agreement of the parties with respect to the matters considered, and there have been no promises, representations, agreements, warranties or undertakings by any of the parties, either oral or written, of any character or nature binding except as stated in this Lease. This Lease may be altered, amended or modified only by an instrument in writing, executed by the parties to this Lease and by no other means. Each party waives their right to claim, contest or assert that this Lease was modified, canceled, superseded or changed by any oral agreement, course of conduct, waiver or estoppel. IN WITNESS WHEREOF, the parties have executed this Lease as of the date first stated above. District County South Tahoe Public Utility District County of E1 Dorado By: Eric Schafer, President of the Board of Directors By: Charlie Paine, Chairman of the Board of Supervisors ATTEST: ATTEST: By: Kathy Sharp, Clerk of the Board By: Cindy Keck, County Clerk and Clerk of the Board of Supervisors ex officio SB 373109 v1:007627.0001 -6- Consent Item 4. f TAHOE PUBLIC UTILI DISTRICT "Basic Services for a Complex World" Richard Solblri~, General Manager Eric W. Schafer, President , Paul Sciuto, Assistant Manager BOARD MEMBERS Duane Wallace, Vice President James R. Jones, Director Mary Lou Mosbacher, Director II I I II I I I I Tom Comte, Director I I I I I I I REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT MAY 19, 2005 MINUTES The Board of Directors of the South Tahoe Public Utility District met in a regular session, May 19, 2005, 2:00 P.M., City Council Chambers, 1900 Lake Tahoe Boulevard, South Lake Tahoe, California. BOARD OF DIRECTOR~: President Schafer; Directors Jones, Wallace, Comte, Mosbacher. ROLL CALL STAFF: Solbrig, Sharp, McFarlane, Sciuto, Cocking, Bergsohn, Henderson, Attorney Kvistad. GUESTS: Dave Galicia, G.B. Inc. Dave Galicia relayed the difficulties associated with getting parts for odd-sized waterlines that are used in some commercial and multi-family dwellings. He sug- gested the Board impose a requirement to standardize waterline sizes. COMMENTS FROM THE AUDIENCE The Board directed staff to work with Mr. Galicia, and any other interested parties, to evaluate and report back on this issue. REGULAR'BOARD MEETING MINUTES ' MAY 19, 2005 ,PAGE - 2 Moved Comte / Second Mosbacher / Passed Unanimously CONSENT CALENDAR to approve the Consent Calendar as submitted: Geo-Referencing Survey Services - Phase I1: Approved increasing the total for Purchase Order No. P13895 in the amount of $85,440; November 8, 2005 Consolidated Districts Election - Adopted Resolution No. 2797-05 for El Dorado County, Declaring an Election be Held in its Jurisdiction, Consolidation with other Districts, Requesting Election Services; Sewer Enterprise Fund Budget: Fiscal Year 2005/06- Adopted Resolution No. 2798-05 adopting the budget for the Sewer Enterprise Fund; Water Enterprise Fund Budget: Fiscal Year 2005/06- Adopted Resolution No. 2799-05 adopting the budget for the Water Enterprise Fund; Rate Amendment Ordinance - Enacted Ordinance No. 491-05 amending Ordinance No. 464, Adminis- trative Code Sections 2.1.49, and 3.1.50 Water Rate Schedules, and Section 4.5.12 Sewer Rate Schedule, and Superseding Ordinance No. 483-02 in its Entirety; f. Approved Regular Board Meeting Minutes: Apdl 21, 2005; g. Approved Public Meeting Minutes: Apdl 28, 2005; h. Approved Regular Board Meeting Minutes: May 5, 2005. ITEMS FOR BOARD ACTION Moved Comte / Second Wallace / Passed Unanimously to approve payment in the amount of $930,210.04. PAYMENT OF CLAIMS Finance Commi .tte..e..: The committee met May 19. Topics of discussion included: the District's reserve policy, vadous types of grants, the third quarter financial report, MTBE funds, and the audit of the self-insured medical plan (where the 3n~ party claims administrator was found to be doing a good job). BOARD MEMBER STANDING COMMITTEE REPORTS REGULAR BOARD MEETING MINUTES - MAY 19, 2005 PAGE - 3 Water and Wastewater Operations Committee: The committee met May 16. Minutes of the meeting are available upon request. Planning Committee: The committee will meet next week to discuss the request received from TRPA to install an air quality monitoring station at the Glenwood Well site. Lukins Water System Ad Hoc Committee: Staff met with the ad hoc committee and determined the District should request a copy of the evaluation that was prepared on the Lukins Water Company. Attorney Kvistad requested a copy of the evaluation from Dennis Crabb, and when it is received, staff and the ad hoc committee will review it. Director Jones reported on two items: 1) He, along with Dennis Cocking, attended the ACWA Conference in San Jose. They attended different sessions/meetings in order to cover as many topics as possible. His sessions had to do with water quality, and the main thrust was the California Blueprint reports he helped prepare. Jones distributed the reports, which will be given to the Governor to show decision makers that action is needed now on water projects. 2) The Energy Bill passed through the House with the MTBE safe harbor provisions still in it. It will go to the Senate later this summer. Director Wallace reported on problems with Pathway 2007. General ManaRer: Richard Solbrig reported on five items: 1) He distributed copies of the Strategic Goals that will be discussed at the June 2 Board Workshop. 2) SBC has not responded to staff's attempt to collect for damages to our sewer forcemain on Al Tahoe. If necessary, the District will pursue recovering costs for repair of the line in small claims court. 3) The Planning Committee will meet with staff and representatives of TRPA to discuss TRPA's request to install an air quality monitoring station at the Glen- wood Well site. 4) Director Mosbacher saw an article in the Tahoe Daily Tdbune about electric vehicle charging stations offered by utility districts on the North Shore. She was concerned this could set a precedent and our District would be required to offer this free service. Solbrig stated the districts that were involved are also in charge of recreation and parks, and obtained grants for the vehicle charging stations. He was not concerned that our District could ever be required to provide free electricity or vehicle charging stations. BOARD MEMBER STANDING COMMITTEE REPORTS BOARD MEMBER AD HOC COMMITTEE REPORTS BOARD MEMBER REPORTS GENERAL MANAGER REPORTS REGULAR BOARD MEETING MINUTES - MAY 19, 2005 PAGE - 4 5) Director Mosbacher heard a news story about pension plan problems some companies were having and wanted to be sure the District's plan was stable. Solbrig assured her that it is stable and District employees are aware that it is stable. GENERAL MANAGER REPORTS (continued) District Information Officer: Dennis Cocking reported on several legislative issues. He also distributed a legislative summary to Board members. STAFF REPORT 3:10 - 3:20 P.M. MEETING BREAK 3:20 P.M. ADJOURNED TO CLOSED SESSION 5:05 P.M. RECONVENED TO REGULAR SESSION ACTION I REPORT ON ITEMS DISCUSSED DURING CLOSED SESSION No reportable Board action. Pursuant to Government Code Section 54956.9(b)/Conference with Legal Counsel - Anticipated Litigation (Two Cases) No reportable Board action. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel- Existing Litigation: STPUD vs. 1442.92 Acres of Land in Alpine County, California; et al., United States District Court for the Eastern District of Ca., Sacramento Division, Case No. CIV S-02-0238 MCE JFM No reportable Board action. Pursuant to Government Code Section 54956.9(c)lConference with Legal Counsel - Anticipated Litigation: Pioneer Trail Waterline Replacement Near Filter Plant No reportable Board action. Pursuant to Government Code Section 54956.9(a)/Conference with Legal Counsel- Existing Litigation re: Meyers Landfill Site: United States of Amedca vs. El Dorado County and City of South Lake Tahoe and Third Party Defendants, Civil Action No. S-01-1520 LKK GGH, United States District Court for the Eastern Distdct of Ca. REGULAR BOARD MEETING MINUTES - MAY 19, 2005 No reportable Board action. 5:05 P.M. PAGE- 5 Pursuant to Government Code Section 54957.6(a)/Confemnce with Labor Negotiators: Unrepresented Employee Position- General Manager Agency Negotiators: Executive Committee, Board of Directors ADJOURNMENT Edc W. Schafer, Board President South Tahoe Public Utility District Al-rEST: Kathy Sharp, Clerk of the Board South Tahoe Public Utility District South Tahoe Public Utility District General Manager Kieha~d 14. $olbrlg D~Tec~of'$ Tom COnlt,~ James I~ Jones Mary Lou Mosbacher Ouane Wallace Eric 5chafer 1275 Meadow Crest Drive, South Lake Tahoe e CA 96150-7401 Phone 530 544-6474 · Fax 530 541-0614 · www. stpud.us BOARD AGENDA ITEM NO. 6.a TO: Board of Directors FROM: Lisa Coyner, Customer Service Manager MEETING DATE: June 2, 2005 ITEM - PROJECT NAME: Sewer Lateral Position Paper REQUESTED BOARD ACTION: Review Position Paper and direct staff regarding potential changes to ordinance. DISCUSSION: On December 22, 2004, Kennedy/Jenks Consultants presented to the Board an overview of the District's current sewer lateral ownership policy. The Board asked staff to review the ownership policy and provide options to the Board at a later date. Staff has completed a position paper and recommends that the District maintain its current ownership policy with the customer owning the sewer lateral from the house to the District's main. Additionally, staff recommends that sewer laterals be air tested for new construction (currently only for remodels where there is an increase in sewer units). SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: Position Paper CONCURRENCE WITH REQUESTED A/~N: GENERAL MANAGER: YES _~x~'/'v~-'- CHIEF FINANCIAL OFFICER: YES~I~ ~¥ ~.~ NO NO CATEGORY: Sewer Sewer Lateral Position Paper BACKGROUND: A Community Forum was held on December 22, 2004 for a public discussion on the South Tahoe Public Utility District's (District) Administrative Code and policy regarding sewer lateral ownership. Approximately thirty (30) people attended the forum, which included Board members and District staff. Matt Setty of Kennedy- Jenks Consultants provided a presentation ritled Sewer Lateral Policy and Ownership. The presentation provided an overview of the sewer lateral ownership policy of other public utilities. Approximately 70% of those utilities polled indicated that their customers were responsible for the entire length of the sewer lateral, or from the building to the sewer main. The other 30% stated that customers were only responsible from the building to the property line and that portion of the lateral from the property line to the main was the responsibility of the utility. The opinion voiced by the majority of the contractors in attendance at the Community Forum was that the District should take ownership from the property line cleanout to the main, or that portion which is in the public right-of-way. This was largely due to the costs and permitting associated with excavating in the public right-of-way. However, one member of the public expressed concern over the likelihood of sewer rates increasing should the District transfer the responsibility from the property owner to the District. She felt that the Community Forum advertisement should have included language indicating that future large rate increases would be a possible result of the District change in lateral ownership and that had the advertisement included that language, there would have been a larger turnout of those in opposition to the District's taking over ownership of a portion of the sewer lateral. OPTIONS: District assumes ownership of the sewer lateral from the property line to the main. PROS: > Work completed by experienced District staff or contractors CONS: > Additional staff required to take on calls for lateral blockages > Additional tools and trucks for the added staffing > Additional funds needed to pay for claims for lateral blockages > Cost associated with replacement or repair of sewer lateral, at a cost of approximately $5,000 each District assumes partial responsibility of the sewer lateral from the property line to the main. District responsible for replacement of faulty laterals in the street; property owner responsible for the maintenance of the entire length of the lateral. PROS: > Work completed by experienced District staff or contractors > Would resolve complaint from public regarding special license requirements for working in street CONS: > Additional tools and trucks for the added staffing > Cost associated with replacement or repair of sewer lateral, at a cost of approximately $5,000 each > Definition of"maintenance" would need to be determined to encompass all possible maintenance scenarios Customer maintains ownership of sewer lateral from house to District's main PROS: > Most customers are aware of this policy, as it has been in place for twenty years > No additional cost to the District or to majority of customers in the form of a rate increase > This policy is keeping up with standard industry practices SOLUTIONS AVAIl,ABLE TO THE PROPERTY OWNER The old way to correct a faulty sewer lateral was to dig up the street and repair or replace the lateral. Now trenchless technologies are making correcting pipe problems easier and less disruptive to the landscaping and lawns that are often important features to a home and expensive to replace. Liners and pipebursting procedures, designed specifically for sewer laterals, offer economical trenchless alternatives to pipe rehabilitation in many situations. In discussions with Phil Brand of the City of South Lake Tahoe's Housing Rehabilitation program (HUD funded), they are agreeable to including sewer lateral repair or replacements in their rehabilitation program. They will be changing their program to include this as an eligible expense as it is included in the federal and state guidelines. The rehabilitation funding, however, is only available to those lower income families who qualify, for the program. Driver-Alliant Insurance Services (an insurance carder for the District) is in the process of developing a sewer and water line protection program. According to Driver-Alliant, "this program would afford your customers protection from unexpected repairs that may become necessary to repair the lateral water or sewer lines that connect their home to your main. District staff has completed a questionnaire so that Driver-Alliant can evaluate the feasibility of offering such a program to its customers. POSITION OF DISTRICT STAFF Based upon information provided by Kennedy-Jenks as well as the District's own staff (inspectors and sewer crew), staff feels that the District should maintain current Administrative Code requirements with the customer maintaining complete ownership of the sewer lateral from the house to the District's main. Because the majority of the lateral failures are due to improper use (dumping excessive grease, etc.) or maintenance by the customer (regular root removal), the responsibility for the sewer lateral should be the responsibility of the user. Currently the District does not require an air test for new construction. Staff feels that sewer laterals should also be tested for all new construction to ensure that the sewer lateral is airtight and not a furore source of I & I. District staff also feels that the District should not extend its ownership and liability for maintenance or repair/replacement beyond its current jurisdiction regardless of the District's position towards providing some form of financial assistance for sewer lateral replacement. South Tahoe Public Utility District General Manager F. Ichand H. Solbrig D/rectors Tom Comte, Jam~s R. Jones Mary Lou Mosbacher Duane Wallace Eric Schafer 1275 Meadow Crest Drive, South Lake Tahoe, CA 96150-7401 Phone 530 544-6474 · Fax 530 541-0614 · www. stpud.us BOARD AGENDA ITEM NO. 6.b TO: Board of Directors FROM: Paul Sciuto / Assistant General Manager, Richard Solbrig / General Manager MEETING DATE: June 2, 2005 ITEM - PROJECT NAME: B-Line Phase 3: Export Pipeline Replacement - Administrative Civil Liability REQUESTED BOARD ACTION: Approve payment of Administrative Civil Liability from Lahontan Region Water Quality Control Board (LRWQCB) in the amount of $70,000. DISCUSSION: A leak occurred on the new portion of the B-Line on the evening of Saturday, October 23, 2004. It is estimated that approximately 430,000 gallons may have been discharged out of the line and ultimately to the Upper Truckee River. The LRWQCB issued an Administrative Civil Liability (ACL) to the District pursuant to Section 13350 of the California Water Code. Although LRWQCB did not find the District negligent or culpable in this incident, 'due to the large discharge of treated effluent in the Lake Tahoe Basin an ACL of $70,000 has been proposed. SCHEDULE: As soon as possible COSTS: $70,000 ACCOUNT NO: 9098-8828/BLNIII BUDGETED AMOUNT REMAINING: <$1,055,697> ATTACHMENTS: Complaint No. R6t 2005-0013 for ACL, Budget Analysis CONCURRENCE WITH REQUESTED ACTION: GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES ~"~-~,~ ~1~ NO NO CATEGORY: Sewer 85/26/2885 88:47 5385442271 CF~L,.I~.CB PAI3E 82/88 STATE OF C:'kLIFORNIA REGIONAL WATER QUALITY CONTROL BOARD .LAHONTAN REGION In the matter of South Tahoe Public Utility District: ) Violation of Discharge Prohibitions Prescribed in the Water ) QualiD' Control Plma :~'or the L. ahontmi Region for the ) October 23,200,¢ discharge of treated domestic sewage ) effluent to the Upper Truckee River, South Lake Tahoe, ) E1 Dorado Coanty ) COMPLAINT NO. R6T 2005-0013 FOR ADMINISTRATIVE CIVIL LIABILITY ISSUED TO THE SOUTH TAHOE. PUBLIC UTILITY DISTRiCT, YOU i~qE HEREBY GIVEN NOTICE THAT: You are charged with a violation ofprovis/o~s of law, or orders of the Regional Water Quality Control Board, I_ahontrm Region, for which, the Region,sl Board ma}, impose civil I/ability p~trsuant to Section 1>35~ ¢~ of the California Water Code. A hearing on this matter will be l~eld before the Reg-ional Board within 90 days following the se~,ice, of this Complaint 5fou or .','our representatives will have an opportunity-to address ~d contest the allegations in this Complaint and the imposition of civil liability by the Regional Board. Pursuant to Section 13323 of the California Water Code, you may waive your right to a hearing. If the heating is waived, the Regional Board will consider accepting the proposed Administrative Civil kiabi]ity at/ts next regularly scheduled board meeting. If the Re~onal Board accepts the proposed Administrative Civil Liability, no hearing will Occur. .'4. If you choose not to waive your right to a hearing or the Regional Board decides to modify 'this Complaint or the proposed Administrative Civil Liability, lhe Regional Board will hold a heating. A_n agenda showdng the rime set for the hearing will be mailed to you not less than ten days before the hearing date. At the hearing, the Regional Board will consider whether to affirm, reject, or modkfy the proposed civil liability, and/or whether to refer the matter to the Attorney General for recovery' of.judicial civil liability. ALLEGATIONS o The Smith Tahoe Public 'Utility District ("Disthct") violated prohibitions contained in the Water Quality Control Plan for the Lahoman Region ("Basin P/an"). The Basin Plan was adopted pursuant to Section 132a3 of the California Water Cod6. The Basin Plan prescribes the following discharge prohibitions .for the Lake Tahoe Hydrologic Unit: 05/26/2805 08:4'7 5305442'271 (]R~CB PAGE 83/0@ The discha~xe of ri'eared or untreated domestic zewage, garbage or other solid waxte$, or att}, other deleteriolt$ material to the $'ttrface water~ of the Lake Tahoe Basbt is t~rohibited. 7. The discharge, attributable to human activities, of solid or liquid waste materials, including ~~oil, silt; clay, sand, and o&er organic and earthen materials to the surface ~,'aters of the Z. ake Tahoe £asin is prohibited. The District violated the above-referenced Prohibition No. 4 ','.'hen the new export pipeline discl)arged approximately 430,000 gallons of treated effluent to the Upper Truckee River, surface water tributmy to Lake Tahoe. A failed access man_hole gasket caused the spill, The D/strict violated the above-referenced Prohibition No. 7 wlhen erosion caused by the above-referenced gasket failure discharged treated effluent that transported sediment to the Upper Truckee JR. iver, a surface water tr/butarv to Lake. Tahoe. The following information regarding the October 23, 2004 discharge was submitted by the District in a spill report dated November 5, 2004.. Incident Chronolo~d A C.n'a.qs Lake Road resident called the District at 11:05 PM on October 23, 2004 to report an effluent discharge from the Luther Pass Pump Stat/on (Pump Station). District staff' responded to the call and discovered a major leak in the new effluent export line at an access manhole. In response, District staff stopped all p'tm~ps feeding the export line by 11:20 PM. Treatment Plant operators re-directed effluent export flows to the Emergency Retention Basin at 11:35 PM. D/strict staffalso took action to direct as much backflow from. the leaki.n5 export line as possible to the holding tanks at the Pump Station. Cracks in the buried ten-inch drain-back line to the holding tanks caused a portion of the draining flow to discharge to land. This leak continued to discharge treated effluent until appro×irnately 9:00 .a3v~ the following mormng because it could not be stopped until the entire export line had emptied. Due to the high pressure associated with the effluent export line, tlhe le~& caused significant soil erosion around the leaking manhole, displacing approximately 55 cubic. yin'ds of material. The spill discharged secondary treated, filtered, and chlorinated domestic effluent and sedime~t to a nearby stream charmel that flowed dh'ectly to the Upper Truckee River. Estimated Spill Volmne According to the su~ml.ted sp~ 1 report, the export line holds approximately 600,000 gallons: Of the total line vohm~e, t'he District estimates 200,000 gallons was returned to the onsite storage ta:4:s, baying 400,000 gallons spilled. Based on the drain t/me and the 85/26/20135 88:47 5385442271 CR~.,..Irk. CE; PAGE 134/88 recovered volume, the Disbfct estimates the leak discharge rate at 1,000 gallons per minute. Although it is un_k.wtow~ how long the leak discharged before the resident reported the spill, the Disrrict estimates the leak di. scharged for 30 minutes before District staffwere able to turn off the pumps, adding an additional 30,000 galloas to tlxe spill volume estimate for a total o£430,000 gallons. Gaskets and Bolts On a se.parate effluent replacement project (A-Line), the District had difficulty achieving a sealed condition using an 80 Dm'ometer gasket and stainless steel bolts. According to District staff, the gasket cormection required additional torque above the specification to eliminate leaks during pressure testing. The higher torque caused the stainless steel bolts to elongate, causing gasket failt~re. Based o~¢ this experience, the District asked the Contractor to substit'ate a 60 Duxometer gasket for the specified S0 Durometer gasket in sev-cn blind flange con.nections. According to the District, experience on the A-Line effluent line replaceme~,t project suggested the 60 Durometer gasket would require less bolt torque to ensure a sealed condition than the 80 Durometer. The District decided the lower torque would put less strain on the chosen stainless steel bolts, thus preventing any pote~)dal problems with the bolt failure. Prior to gasket installation, the District contacted several gasket manufacturers and confirmed the 60 Durometer gasket would be appropriate for the B- Line application. After the spill, the District chose to replace all installed 60 Durometer gaskets wit]~ 80 Dm'ometer gaskets and hardened steel bolts (as opposed to stainless steel) to provide addjti, onal prevention against future spills. The District's Contractor had to w-rap the bolts in petrolantm tape to prevent con-osio~a. o PROPOSED CIVIL LIABILITY For the discharge of treated e£1'tuent and erosion products to the Upper 'truckee River on October 23 and 24, 2004 the Re,anal Board may impose civil liability under the following Section: For disch~ges in viola.t/on of waste discharge requirements or discharge prol~ibitions S ection 13350(e)(1) and Section 13350 (e)(2) of the California Water Code provides that Sou& Tahoe Public Utility District may be liable in an amount pursuant to the :follo~ving: (i) £i~biliO., ~ot to exceed five thousa¢~d ($5, 000) dollars for each day in which the violatio~ occurs. OF (,7) 7'he civil liabi/iO, o~ ~ per gallo~ basis may not exceed te~ do//ars ($10)for each gallo~.z qf ~va3'tc dischm~ed. In ~is mater, the maximum potential civil liability is $4.300,000.00 for the discharge of 430,000 gallons of treated effluent. ' .... The Executive Officer of the Regional Board considered the following factors set out in Section 13351 of the California Water Code in recommending the am.o'unt of the adaninistrative civil liability: a. The nature, circumsla~c¢& e:ctent, and ~ravity of the vioJation,s,. The Upper Truckee River and Lake T~,oe are both listed on the FederaI Clean Water Act Section 303(d) list as impaired due to excessive sediment and nuth,nts. The spill discharged approximately 430,000 gallons of treated domestic wastewater effluent and an estimated seven cubic yards of sediment to the UPPer Truckee River, thc largest tributary to Lake Tahoe. Effluent smnples collected from/he Luther Pass Pump Station driveway and 'samples collected from the fiver at the point of spill entry, and approximately 50 feet downstream confirmed elevated nut,Sent and sediment concentrations resulting from t'he spill. Nutrient levels and turbidity reaumed to backD'ound levels approximately 24 hours after the spill. Based on 'the submitted effluent data, thc effluent port/on of the spill contained an estimated 88.6 pounds of nitrogen and 11.3 poands ofphosphorus that was discharged to the Upper Truckee Pdver. For comparison, the total nitrogen and phosphorus loads fi.om thc Upper Truckee River on an average October day (24 hours) in 2004 were 12.1 pounds and 0.87 pounds, respect/vely, The spill also discharged an estimated severn cubic yards of soil to the Upper Truckee River. The discharge impacted ~oundwater resources as indicated by measm-ed elevated chloride, turbiditT, nutrients, and bacteria in' ~'o nearby residential drJnldng water wells the day of the spill. Ail elevated pollutant levels returned to pre-spill conditions the day a£rer the spill. Since the spill discharged sediment and nutrients to the Upper Truckee River and thence to Lake Tahoe and had a short-term impact on groundwater resources in the Lake Tahoe Hydrologic Unit, the discharge is considered a sehous violation. ~'f'Tzether the di~'chargc is suscefltible ro c&am~p or abatement; ' The high operating press~re of'the effluent Line (600 pounds per square inch) caused an estimated discl-:arge rate of 1000 gallons per minute when the gasket failed. Consequently, the 'bulk 'of the spill volume flowed thro%;h a culvert and a ne~by residential pond, and discharged to the Upper Truckee River and was not susceptible to clean up. ~35/~SI28~b 88: 4Z 53~54422Z1 CRb~Qr]B PAGE Co ~he degree o.£toxicio., od'the discharge; There were no analyses performed to determine the degree of toxicity of the di. scharge. Chlorine analysis per£onned on fiver samples were below detection limits. Ability r,o pay," The South Tahoe Public Utility District Ixas not provided financial data to the Regional Board to show inability to pay. .The effect on the Discharger's ability to continue iix busin¢&t; The South T'A~oe Public Utility District bas not provided information to the Regional Board that would suggest payment of the maximum administrative civil liability would affect its abiliLy to continue its bus/ness. Any ¥otuntm),, clean up effortx undertaken by the violator; The District did not un. dertake an), efforts to clean 'up the effluent discharge. The District did take measures to remove sediment and other debris 'from the spill site mad nem'by street to limit futile water quali .t'y impacts. The District pumped and chlorinated affected residential drinking water wells to restore water quality to the preexisting condition. iVrior histo~T of violations; The District l:as reported 14 sewage collection and conveyance system overflows within the last two ).'ears. The District has consistently responde, d to all sewage overt'lows promptly and has made a concerted effort to prioritize maintenance to limit furore overflows. The District pattie/pates in a. self-assessment and peer review progam (AWW~WEF QualServe) to nleasm',~ its operations against other participating water and wastewater utility districts. Using compil.ed benchmarking information from the 186 participants, the District can as,ess its pe~ormanc¢ on a variety of topics, including sewer overflow rates and collection system integrity. For both ' sewer overflow and collection system integrity, the Distr/ct ra~:ed in the top quartile (best 25%) in both the 2003 and 2004 pro,am suD'es~. Deg'ree Tl~e export: line replacement project and the associated spill are the District's responsibility. 7he District was solely responsible for ensuring the project was constructed in accordance with all specifications and pccmit conditions. 10. There is no evidence, however, to suggest the District was negligent or otllerwise culpable for the October 23, 2004 discharge. Economic savh,gx resulth~g fi~om the violation; and, The Regional Board staff is una;vare of any economic savings resulting from the violation. h. Other matters as fi~tice may requh-e. Regional Board staff have spent time responding to the incidents and preparing the administrative civil liability. Estimated staff costs for spill response, spill.- related correspondence, data analysis, and preparation of this cornplair/t are $6,909. The E×ecutive Officer of the Regional Board considered the above ~actors and proposes that a&~inistrative civil liability be imposed by the Regional Board in the amount of .$7020_0.0..00, pursuant to Section 13350 of the California Water Code. WAIVER OF HEARING You may waive die fight to a heating. If you choose to do so, please check and sign the waiver and return it xvith a check for the amom~t of civil liability proposed in para,apb I0 aboYe to the following address: Calir'ornia Regional Water Quali'ti, Control Board Lahontan Region 2501 Lake Tahoe Boulevard South Lake Tahoe, CA 96150 In accordance with 40 CFR. Section 123.27(a). a.30-da¥ public comment period will be required for a proposed seltlemant of admin/strative civil liability before the settlement beco:mcs final. Ordered by: B.aROLD I. SINGER EXECUTIVE OFFICER Dated: California Regional Water Quality Control Board Lahontan Region Alan C. Lloyd, Ph.D. Arnold Schwarzenegger Agency Secretary 2501 Lake Tahoe Boulevard, South Lake Tahoe, California 96150 Governor (530) 542-5400 · Fax (530} 544-2271 http://www.waterboards.ca, gov/lahontan WAIVER OF RIGHT TO A PUBLIC HEARING Richard Solbrig, General Manager South Tahoe Public Utility District 1275 Meadow Crest Drive South Lake Tahoe, CA 96150 Complaint No. R6T-2005-0013 For Administrative Civil Liability $70,000 By signing below, I agree that the South Tahoe Public Utility District waives its right to a hearing before the California Regional Water Quality Control Board, Lahontan Region (Board) with regard to the violations alleged in the above-referenced Complaint, dated May 27, 2005, and to remit payment for the civil liability imposed. I understand that even though this waiver of a right to a hearing has been signed, that the Regional Board will consider the settlement of the above- referenced Complaint at a regularly scheduled Board meeting. -At that meeting, the Board may only accept or reject the settlement. If the Board accepts the settlement or rejects the Complaint, no further hearing will be required. If the Board rejects the settlement, South Tahoe Public Utility District reserves its right to request a hearing to address and contest the allegations in the Complaint and the imposition of civil liability by the Board, in which case the tendered payment shall be retumed to South Tahoe Public Utility District. If the Board holds a hearing, it will be noticed and all parties will have the opportunity to present evidence to the Board. Signature Title Date Print your name Send this signed form to: Harold J. Singer, Executive Officer California Regional Water Quality Control Board - Lahontan Region 2501 Lake Tahoe Boulevard South Lake Tahoe, CA 96150 California Environmental Protection Agency O Recycled Paper EXPORT PIPELINE - SEC B - PHASE III Account: 9098-8828 BUDGET REMAINING ANALYSIS: 2004/05 All Years Spent to date 4,343,522 8,030,758 Outstanding Purchase Orders- Amec Earth & Environmental 3,528 3,528 Carollo Engineers 49,030 49,030 Corley, Jon 4,202 4,202 Cox & Cox Construction 816,559 816,559 Entrix Inc. 16,266 16,266 Groeniger & Co. 0 0 Hoes Engineering 3,581 3,581 HodelI-Natco 0 0 Johnson Perkins & Assoc 524 524 Kelley Erosion Control 14,560 14,560 Parsons 1,255 1,255 R Supply 163 163 Stantec Consulting Inc. 0 0 Swanson Hydrology 2,440 2,440 TRPA 66 66 Total Encumbered 912,175 912,175 Total Spent & Encumbered 5,255,697 8,942,932 Budget 4,200,000 7,887,236 Under (Over) (1,055,697) (1,055,696) Note 1: The amount over budget reduces the Capital Outlay Reserve. Updated: 5/9/05 South Tahoe Public Utility District General Manager Richard H. 5olbrlg D/rec[or$ Tom Comt~ James R. Jones Mary Lou Mosbacher Puane Wallace Eric 5chafer 1275 Meadow Crest Drive, SoUth Lake Tahoe ~ CA 96150-7401 Phone 530 544-6474 · Fax 530 541-0614 · www. stpud,us BOARD AGENDA ITEM NO. 6.c TO: Board of Directors FROM: Rhonda McFarlane, Chief Financial Officer MEETING DATE: June 2, 2005 ITEM - PROJECT NAME: Reserve Policy REQUESTED BOARD ACTION: Adopt Resolution No. 2801-05 to update the District's reserve policy, superseding Resolution No. 2785-04 in its entirety. DISCUSSION: The District adopted its present Reserve Policy in April 2004. Two months later the California State Auditor issued a report that provided recommendations on reserves. Based on the state's recommendations the existing Reserve Policy has been updated to: · Add maximum target levels to all reserves · Clearly identify events or conditions that prompt use of reserves · Reference the relationship of capital reserves to the 10-Year Ten-Year Forecast of capital spending. The Finance Committee met to discuss the reserve policy and recommends approval. SCHEDULE: Approve today COSTS: None ACCOUNT NO: N/A BUDGETED AMOUNT REMAINING: N/A ATTACHMENTS: Resolution, Reserve Policy and Reserve Policy Information Sheet CO.CU.RE.CE W,~..EQUES~E. A~}O": GENERAL MANAGER: YES c.,~ ~,.^.c,^~ o~,c~.: ~s.~.' NO NO CATEGORY: Sewer & Water 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. 2801-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT ADOPTING A NEW RESERVE POLICY SUPERSEDING RESOLUTION NO. 2785-04 IN ITS ENTIRETY BE IT RESOLVED, by the Board of Directors of the South Tahoe Public Utility District, County of El Dorado, State of California, as follows: WHEREAS, the District maintains operating, capital, self-insurance, and rate stabilization reserves; and WHEREAS, establishing and maintaining adequate reserves is important to the fiscal health of the District; and WHEREAS, the Board of Directors formally adopted a reserve policy in 2004; and WHEREAS, the California State Auditor reported in June 2004 on audits of eight other California Independent Water Districts; and WHEREAS, the District desires to incorporate suggestions made by the California State Auditor in its reserve policy. NOW, THEREFORE BE IT RESOLVED, by the Board of Directors of the South Tahoe Public Utility District that: The attached Reserve Policy is hereby adopted and becomes a part of this Resolution by reference herein. Further, Resolution 2785-04 is hereby superseded in its entirety. PASSED AND ADOPTED at a duly held regular meeting of the Board of Directors of the South Tahoe Public Utility District on the 2nd day of June, 2005, by the following vote: AYES: NOES: ABSENT: ATTEST: Eric W. Schafer, Board President South Tahoe Public Utility District Kathy Sharp, Clerk of the Board South Tahoe Public Utility District Reserve Policy PURPOSE South Tahoe Public Utility District (the District) shall maintain reserve funds in the Sewer and Water Enterprise Funds. This policy establishes the level of reserves necessary for maintaining the District's credit worthiness and for adequately providing for: · Funding infrastructure replacement. · Economic uncertainties and other financial hardships. · Loss of significant revenue sources such as property tax receipts or connection fees. · Local disasters or catastrophic events. · Future debt or capital obligations. · Cash flow requirements. · Unfunded mandates including costly regulatory requirements. POLICY Operating Reserves The minimum amount of operating reserves will equal two months of operating expenses. The maximum amount of operating reserves will equal three months of operating expenses. Capital Reserves Capital reserves will be accumulated to fund infrastructure projects and will be an integral part of the District's capital plan documented in its Ten-Year Forecast. A key objective for accumulating capital reserves is to minimize external borrowing and interest expense. The minimum amount of capital reserves will equal one year's capital spending. The maximum amount of capital reserves will equal two times the accumulated depreciation balance. Self-Insurance Reserves The minimum self-insurance reserve will equal $300,000. The maximum self- insurance reserve will equal the current annual health insurance expense budget. Rate Stabilization Fund The Sewer Enterprise Fund will maintain a minimum rate stabilization fund equal to one year's property tax receipts and a maximum rate stabilization fund equal to one and one-half year's property tax receipts. Both the minimum and maximum amounts will be net of related County of El Dorado's administration cost and shifts to the City of South Lake Tahoe's redevelopment agency. The Water Enterprise Fund will not maintain a rate stabilization fund while the funds restricted from the MTBE settlements and judgments exceed $2 million. At such time as the MTBE settlement funds fall below $2 million, the District will establish a rate stabilization fund with a minimum amount equaling one year's water consumption revenue and a maximum amount equaling one and one-half year's water consumption revenue. PROCEDURE FOR USING RESERVE FUNDS Operatin.q and Self-Insurance Reserves Operating and self-insurance reserves can be used at any time to meet cash flow requirements of District operations. Authority to use the funds will be consistent with the District's Purchasing Policy. Capital Reserves The Board of Directors will authorize use of capital reserves during the budget process. Capital reserves are also available for unplanned (unbudgeted) capital replacement. Authorization for the use of capital reserves for unplanned capital replacement will be consistent with the District's Purchasing Policy. Rate Stabilization Fund The Chief Financial Officer is authorized to use rate stabilization funds to supplement operating revenue when: · Total revenue in either the Sewer Enterprise Fund or the Water Enterprise Fund is projected to be five percent or more below the annual budgeted revenue. · Developing the budget to limit customer rate increases to no more than two and one-half times the consumer price index for small west coast cities. PROCEDURE FOR MONITORING RESERVE LEVELS The Chief Financial Officer shall perform a reserve analysis to be submitted to the Board of Directors upon the occurrence of the following events: · Board of Directors' deliberation of the annual budget; · Board of Directors' deliberation of a service charge rate increase; · Upon renewal of the self-insurance excess insurance coverage; or, · When a major change in conditions threatens the reserve levels established within this policy. If the analysis indicates projected or actual reserve levels falling 10% below or above the levels outlined in this policy, at least one of the following actions shall be included with the analysis: · An explanation of why the reserve levels are not at the targeted level, and/ or · An identified course of action to bring reserve levels within the minimum and maximum levels prescribed. p:\FINANCE\Policies\Reserve Policy 2005.doc South Tahoe Public Utility District General Manager Richard H. ~olbrig Directors Tom Comte Jarng~ 1~. Jonee Ma~ Lou Mo~bach~r Puane Wallace Eric Schafer 1275 Meadow Crest Drive. SoUth Lake Tahoe, CA 96150-7401 Phone 530 544-6474. Fax 530 541-0614. www. stpud.us BOARD AGENDA ITEM NO. 6.d TO: Board of Directors FROM: Rick Hydrick, Manager of Field Operations MEETING DATE: June 2, 2005 ITEM - PROJECT NAME: College Well License Agreement REQUESTED BOARD ACTION' Direct staff to exercise option to extend license agreement an additional twenty-five years. DISCUSSION: The College Well has been on emergency standby status since 1991. It can be used in emergencies up to fifteen days a year, no more than five consecutive days at a time. The last time it was used was to fight the Gondola fire. It is a reliable resource, and may be used for irrigation in the future and for fire fighting at the College. The license agreement entitles the College currently to 52,980 feet of water per quarter, a value of $985.43. The well also includes three monitoring wells, which are important for District groundwater research. SCHEDULE: N/A COSTS: $3,941.72 per year ACCOUNT NO: N/A BUDGETED AMOUNT REMAINING: N/A ATTACHMENTS: College Well License Agreement CONCURRENCE WITH REQUESTED Ay,~ON: GENERAL MANAGER: YES ,~'~, ~ NO CHIEF FINANCIAL OFFICER: YES .~~/,~_ NO CATEGORY: Water APR ' 8 %98Z CO,UNITY COLLEGE WELL LICENSE ~'C:';,f>-, :';, ..... ,~ ,,'R,. AGREEMENT THIS LICENSE AGREE~NT is made by and between LAKE TAHOE -~ COMMUNITY COLLEGE, P.O. BOX 144~,SOUTH LAKE TAHOE, CALIFORNIA 95705, referred to herein as COLLEGE, and SOUTH TAHOE PUBLIC UTILITY DISTRICT, P.O. BOX A U, SOUTH LAKE .TAHOE, CALIF0~IA 95705, referred to herein as DISTRICT. WHEREAS, COLLEGE is the OWNER of certain real property located in South Lake Tahoe, County of E1 Dorado, California, commonly referred to as COMMUNITY COLLEGE PROPERTY; and WHEREAS, DISTRICT is desirous of securing license permission for drilling and constructing'a well, structures and appurtenances therefor, water pipelines therefor, access for dilling and construct- ing said well, structures, appurtenances and pipelines, a further license permission for maintenance and operation of said well, structures, appurtenances, pipelines and access therefor, all for the pumping of water from said well through said pipelines for domestic and fire protection purposes of DISTRICT, including domestic and fire protection service for future COLLEGE facilities, all on said COMMUNITY COLLEGE PROPERTY; and WHEREAS, the issuance of a license permission by COLLEGE to DISTRICT for said purposes referred to in the immediately preceeding recital paragraph will be of benefit to COLLEGE; and WHEREAS, DISTRICT has heretofore drilled and constructed a monitoring well, including structures and appurtenances necessary therefor, on said COMMUNITY COLLEGE PROPERTY, pursuant to a prior written agreement between COLLEGE and DISTRICT; and WHEREAS, DISTRICT is desirous of securing a license permission by COLLEGE to DISTRICT for the continued maintenance and operation of said monitoring well on said COMMUNITY COLLEGE PROPERTY for the purposes of monitoring the underground water acquifier, sampling quality of water in said acquifier determining the efficiency of said new well and for ground water management; and ..-.3, WHEREAS, the continued operation and maintenance of said monitOring well by DISTRICT for said purposes referred to in the immediately preceeding recital paragraph will be a benefit to COLLEGE; and NOW, THEREFORE, IT IS AGREED, as follows:' 1. COLLEGE hereby grants a license permission to DISTRICT to drill and construct a well, structures and appurtenances necessary therefor, water pipelines therefor, access for drilling and construc- tion of said well, structures, appurtenances necessary therefor, and pipelines, for the pumping of water from said well and through said pipelines for domestic and fire protection purposes, including domestic and fire protection service for future COLLEGE facilities on said COMMUNITY COLLEGE PROPERTY in the location more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, and in accordance with (1) Plan and Elevation of Well House, and (2) Location Map, which Plan and Location Map are marked Exhibit "B" and incorporated herein be reference. 2. The drilling and construction of said well, structures, appurtenances necessary therefor, pipelines and access for drilling and construction of said well, structures, appurtenances necessary therefor, and pipelines shall be accomplished in a workmanlike manner, and DISTRICT shall repair or replace any property or improvements or facilities of COLLEGE damaged or destroyed in the course of said drilling and construction. 3. COLLEGE hereby grants a license permission to DISTRICT to maintain and operate said well, structures, appurtenances, pipe- lines and access therefor, for the pumping of water from said well and through said pipelines for domestic and fire protection purposes, including domestic and fire protection service for future COLLEGE facilities on said COMMUNITY COLLEGE PROPERTY, in the location more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, and in accordance with (1) Plan and Elevation of Well House, and (2) Location Map, which Plan and Location Map are marked Exhibit "B" attached and incorporated herein by reference. -2- 4. The maintenance and operation of said well, structures, appurtenances necessary therefor, pipelines and access for said maintenance and operation of said well, structures, appurtenances necessary therefor, and pipelines shall be accomplished in a work- manlike manner, and DISTRICT shall repair or replace any property or improvements or facilities of COLLEGE damaged or destroyed in the course of said maintenance and operation. 5. COLLEGE hereby grants a license permission to DISTRICT for~ the continued maintenance and operation of a monitoring well now constructed on said CO~UNITY COLLEGE PROPERTY and access therefor, for the purposes of monitoring the underground water acquifier, sampl- ing quality of water in said acquifier, determining the efficiency of said new well and for ground watermanagement on said COMMUNITY COLLEGE PROPERTY in the location more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, and in accordance with (1) Plan and (2) Location Map, which Plan and Location Map are marked Exhibit "B" attached hereto and incorporat- ed herein by reference. No building or appurtenances shall be constructed around said monitoring well by DISTRICT. Any pipe protruding above the surface of said monitoring well shall be encased in a safe manner satisfactory to COLLEGE. 6. The new well may also be used by COLLEGE and DISTRICT for training purposes. The new well site and monitoring well site will not be open to the public, nor shall access thereto be made available for any purpose except as expressly permitted by this LICENSE AGREEMENT. 7. DISTRICT shall not construct any facility, well or structure, on the new well site, except as expressly permitted by this LICENSE AGREEMENT. Should the water pumped from said new well contain excessive amounts of harmful chemicals such as Manganese (MN), a filter may have to be installed next to the building structure on said new well site. Any filter so required shall be constructed and installed in a manner satisfactory to COLLEGE, and at a location approved by COLLEGE. -3- ~ ' 8. DISTRICT-shall comply with all rules and regulations of any applicable regulatory agency in the drilling, construction, maintenance and operations of said new well, structures, necessary appurtenances therefor, pipelines and access therefor, and in the maintenance and operation of said monitoring well and access therefor; and shall not cause COLLEGE to violate any rules or regulations of said applicable regulatory agencies. 9. The ownership, operation and maintenance of the new well, structures, appurtenances necessary therefor, pipelines access and the pumping of water therefrom on the COMMUNITY COLLEGE PROPERTY, and the ownership, maintenance and operation of the monitoring well together with any protruding encased pipe, and access therefor, on said COMMUNITY COLLEGE PROPERTY shall be in DISTRICT. Nothing herein shall be construed to grant DISTRICT any right, title or interest in the COMMUNITY COLLEGE PROPERTY. 10. The term of this license permission to DISTRICT herein is for a period of twenty-five (25) years. DISTRICT shall have the option of extending said term for an additional twenty-five (25) years. DISTRICT shall exercise said option by notifying COLLEGE in writing one (1) year prior to the expiration of the initial term of twenty-five (25) year option term. All of the terms and provisions of this COMMUNITY COLLEGE WELL LICENSE AGREEMENT shall be applicable to said twenty-five (25) year option term. If the District has further need for the use of the COLLEGE WELL at the end of the option period, DISTRICT and COLLEGE shall renegotiate the provisions for additional term. 11. COLLEGE specifically reserves all rights to minerals on the COMMUNITY COLLEGE PROPERTY which is subject of this LICENSE AGREEMENT, and further reserves all other rights in the COMMU~ITY COLLEGE PROPERTY not inconsistent with this LICENSE AGREEMENT. DISTRICT pipeline use on COMMUNITY COLLEGE PROPERTY subject of this LICENSE AGREEMENT shall be for the transmission of domestic and fire protection water only. 12. DISTRICT shall furnish to COLLEGE as and for permission granted in this LICENSE AGREEMENT the following water connections and water service: -4- (a) (b) (c) (d) FIRE FLOW CONNECTION One (1) eight inch (8") diameter fire flow connection shall be provided at no cost to COLLEGE. The location of the connection shall be determined by COLLEGE. FIRE FLOW WATER SERVICE The fire flow water provided through the eight inch fire connection shall be provided at not cost to COLLEGE. METERED DOI.~STIC SERVICE CONNECTION One (1) four-inch (4") diameter metered domestic water service connection shall be installed by DISTRICT at no cost to COLLEGE. The location of the connection shall be determined by COLLEGE. 5~TERED DOMESTIC WATER SERVICE COLLEGE shall not pay for the four- inch (4") meter minimum domestic service rate charged other customers and shall receive a quantity of water each month of up to 17,660 cubic feet at no charge. COLLEGE shall pay for any additional water service over and above the four-inch (4") meter minimum domestic service rate charged other customers of DISTRICT or over 17,660 cubic feet in any one month period, whichever use rate is greater. The charge for the excess comsumption by COLLEGE shall be charged at the same rate as charged other customers of DISTRICT. COLLEGE shall cooperate with DISTRICT in the management of efficient water use and water conserva- tion practices. -5- (e) CONNECTION FOR FUTURE FI'RE HYDRANT DISTRICT shall provide a connection for a future fire hydrant. The location of the connection shall be on the twelve inch (12") diameter water transmission line located within the easement provided by this AGREEMENT. 13. Until such time as the COLLEGE has need for water service for the COLLEGE facilities, the DISTRICT will pay to COLLEGE, on or before the fifteenth of JULY each year, a sum equal to the established minimum annual water service rate for a four-inch (4") meter service in the District's service area. Said payment shall commence upon the date of execution of this AGREEMENT. DISTRICT shall reserve capacity in the DISTRICT'S water supply system to serve COLLEGE with the domestic water service and fire flow provided for by this AGREEMENT. 14. DISTRICT shall indemnify and hold COLLEGE harmless from and against all cost and losses and all claims, demands, suits, actions, payments and judgments arising from personal injuries or property damage or otherwise sought or recovered against the COLLEGE by reason of any act or omission of the DISTRICT or its agents, servants or employees in connection with the drilling, construction, maintenance and operation of said new well, structures, necessary appurtenances, pipelines and access therefor, and the continued maintenance and operation of said monitoring well, and protruding encased pipe therefor, and access therefor, including any and all expenses, legal or otherwise, incurred by the COLLEGE or its representatives in the defense of any claim or suit. The DISTRICT shall insure the provisions of this indemnity paragraph to the~tent of at least $500,000 per individual and $1,000,000 per occurrence, personal -6- injury and property damage liability insurance, which policy of insurance shall include an additional insured endorsement providing that said insurance is primary insurance for all risks that might be incurred by COLLEGE in connection with DISTRICT use of CO~UNITY COLLEGE PROPERTY under the provisions of this LICENSE AGREEMENT. 15. At the termination of this AGREEMENT, DISTRICT shall re- move the pump motors and appurtenances of said new well, and monitor- ing well structures for said wells and seal said wells in conformance of state health and safety standards, which shall then remain permanently sealed by COLLEGE. COLLEGE shall have to option to assume responsibility and ownership of the pump motors and appurtenances of said well upon termination of this AGREEMENT. DATED: June 11, 1981 LAKE TAHOE COMMUNITY COLLEGE Chairman, Board of Trustees COLLEGE ATTES~: 7 -' -~R~_nt/President STATE OF CALIFORNIA COUNTY OF EL DORADO OFFICIAL SEAL NOTARy PUBLIC . CALIFORNIA COUNTY OF FL DO~ADO ~:~"~;2,~ll;'"W;r~,~t~.-- p es January 14 1~o~ Pat. Mamath ., before me. d~lD~ c°.mm~ioned an,; ...... , a Notarg Public, State off Californ~, erta L. Has$~'~S%_persopgll.v a~ ed -..,,-, oames W. I)uk~ ar . ~ -'--- -known to me to be the persons____ whose name~ ~ subscribed to the within instrument and acknowledged to me that__~ he~__.._ executed the same. IN WITNESS WHEREOF i have hereunto set my hand andaffixed my official seal in the $~t~ of California, E1 Dorado - County of r.~ oddment ~s oo above written. - the day and year in this certificate first ' -~' Y a general form which may be pro rf Ta~n~d ~.o. way acts. or is intended t .... Pe or Use in ..= P~blisher dOes n~* -- .- ---~, as a substitute f ,~.~ . ~""~','~ ~ransactlons validly o! ...... -.,,,a~e any warranty, either .... .~o.r..... a~v~ce vt an attorney - =-x prowslon or the suitabilitv of th-o- ,.-"-"~"~"~ o~ ~mpl~ed as to the SIHIHXH SOUTH TAHOE PUBLIC UTILITY DISTRICT COLLEGE WELL EASEMENTS Easement No. 1 for the 150' x 120' Well Site The south corner starting,point of the easement shall be located on the Lake Tahoe Community College southeast property line adjacent to the freeway reserve described as follows: Beginning at the S.E. corner of the west 1/2 of Lot 12, Section 3, T.12N, R.18E., MDM proceed S89°25'26"W for 50.60 feet thence N41°39'29"E for 575.00 feet. Beginning at this south corner, the easement shall be the area enclosed pro- ceeding N41°39'29"E for 150.00 feet (southeast side of ease- ment), then proceeding N48°20'31TM for 120.00 feet (north- east side of easement), then proceeding S41°39'29TM for 150.00 feet (northwest side of easement), then proceeding S48°20'31''E for 120.00 feet back to the south corner starting point. SOUTH TAHOE PUBLIC UTILITY DISTRICT COLLEGE WELL EASEMENTS Easement No~ 2 for the Well Site Access Road Beginning at the "south corner starting point" of Easement No. 1 proceed N48°20'31"W for 73.00 feet to the centerline of the northeast end of the access road easement. The access road easement shall be a 25-foot wide strip between the well site Easement No. 1 and the existing sewer force main easement called Easement B and recorded in Book 1035, page 742 and 743. The centerline of this strip shall begin at a point 73.00 feet N.48°20'31"W of the "south corner starting point"of Easement No. 1. The centerline of the 25- foot wide easement shall proceed southwest from this starting point S66°00' west for 113.00 feet, S58°00'W for 48.00 feet, S48°00'W for 46.00 feet and S53°30'W for approximately 68.00 feet until the east side of the sewer force main easement is intercepted. 2062 I ! SOUTH TAHOE PUBLIC UTILITY DISTRICT COLLEGE WELL EASEMENTS Easement No. 3 for the Monitoring Well Site The monitoring well easement shall be a triangular area with the south corner starting point located at the inter- section of the Lake Tahoe Community College southeast property line and the east side of the sewer force main ease- ment. From this south corner proceed N0°31'43"W along the east sewer force main easement for 120.00 feet, then N89°28'17" east until interception of the Lake Tahoe Community College southeast property line, then S41°39'29"W to the 'south cor- ner starting point. A.C. DRIVE SOUTH TAHOE PUBLIC UTILITY DISTRICT COLLEGE WELL EASEMENTS Easement No. 4 for Sewer and Water Force Mains and Access Road An easement 26 feet wide over that portion of lots 12 and 12, Section 3 Township 12 North, Range 13 East, M.D.M., the center line of which is described as follows: The southern-most point of the centerline of the easement is located north 16° 42' 44' east 88.30 feet from a capped iron pipe marking the southeast corner of the west one half of Lot 12 Section 3 as deeded to the State of California and described in Book 924 at Page 73, official records of E1 Dorado County, California. The easement centerline then bears north 00° 04' 20" west 2760.62 feet to the point of termination said point of termination being on the southwesterly right-of-way line of A1 Tahoe Boulevard as described in Book 798 at Page 250, official records of E1 Dorado County, California, from which point of termina- tion a three quarter inch capped iron pipe at the northwest corner of Lot 14 of Section 3 bears north 51o 16' 11" west 1751.21 feet. The side lines of said easement to be shortened or lengthened to begin at said parcel as deeded to the State of California and terminate at said right-of-way line of A1 Tahoe Boulevard. EXHIBIT "B" ~,~062 ~3'15 ~WER EXIST LTCC PR~TY Li.E NEW-I -~~E EXPANDED ~TH T~1 HYD~T~_ I ~ ~~ ~. . I SITI~ PLAN ~NID PIPELINE SCALE: I"= I000~ ± FIGURE 1 (Shee't 1 of 2) 3 · ooo STPUD COLLEGE WEL_L FIGURE 4 COLLEGE WELL ARCHITECTURAL RENDERING 13 LAKE TAHOE COMMUNITY COLLEGE DISTRICT RESOLUTION NUMBER 13--1981/82 MODIFICATION OF EASEMENT NUMBER 4 GRANTED TO THE SOUTH TAHOE PUBLIC UTILITY DISTRICT WHEREAS, WHEREAS, RESOLVED, the Board of Trustees of the Lake Tahoe Community College District has previously granted an ease- ment to the South Tahoe Public Utility District to provide for the installation of utility lines, ~and a wider easement is necessary to allow completion · of the proposed utility line addition, be it that the Board of Trustees of the Lake Tahoe Community College hereby grants a modification to easement number 4 from 26 feet to 31 feet to the South Tahoe Public Utility District as described in their letter dated February 2, 1982 and attached drawing. This Resolution passed at a regular meeting of the Board of Trustees held at the Lake Tahoe Community College, Room 401, in the city of South Lake Tahoe, California on March 4, 1982. AYES: 4 NOES: 0 ABSTENTIONS: 0 ABSENT: 1 (Whitten) ~~ March 4, 1982 a esW. Du ' L'N D OF OCUM N1 PAYMENT OF CLAIMS FOR APPROVAL June 2, 2005 Action Item 6.e Payroll 5-25-05 Total Payroll BNY Western Trust Company Cost Containment'- health care payments Lasalle Hatch & Parent -legal services Total Vendor EFT Accounts Payable Checks Sewer Fund Accounts Payable Checks Water Fund Accounts Payable Checks Self-funded Ins Accounts Payable Checks Grant Funds Total Accounts Payable Grand Total 291,082.19 291,082.19 846,487.5O 53,324.25 156,572.80 0.00 1 ,O56,384.55 114,881.98 109,427.34 47.15 92,892.25 317,248.72 1,664,715.46 Payroll EFTs & Checks 5-25-05 EFT CHK EFT CHK CHK EFT EFT CHK EFT CHK AFLAC Medical & Dependent Care CA Employment Taxes & W/H Federal Employment Taxes & W/H CalPERS Contributions John Hancock Pension Loan Pmts Great West Deferred Comp Stationary Engineers Union Dues United Way Contributions Employee Direct Deposits Employee Paychecks 894.90 13 273.65 70 931.56 20.361.09 4 997.21 12 962.57 1 477.80 105.00 152,157.51 13,920.90 Total 291,082.19 00 South Tahoe P.U.D. 05/26/05 PAYMENT OF CLAIMS REPORT 05/20 2005 - 06/02/2005 THU, MAY 26, 2005, 9:56 AM - -i: - -1�: �, 3L- -lcc. CNSilE_ -- -jam: 338703 #J005- - - -pic 09 <1.07 > - -i p rt i Default Selection: Check Verrbr Narre AFLAC AWWA Stock ID: AP ; Check Types: , F-14, RV, VH Aco3unt # DspartrrEnt 10 -00 -2538 GENERAL &ISJRATTCN 10 -38 -6250 CL TCMER SERVICE 20 -38 -6250 CZ.SICMR SERVICE A -1 CHEMICAL INC 10 -00 -0422 COAL & AEMINISIRATICN A -1 C E4DC hL INC 10 -00 -0422 COAL &AEMINISIRATICN ALPEN SIERRA CD1.i Q1vPANY ALPHA Al\ALYIICAL INC. ALSEURY, MIRY PP ERICAS - 90 LAKE TARO ARAIvARK LNIFORNI SERVICES ATISIO, LANCE 10 -00 -6520 GENERAL & PEDENTIS RAT CN 20 -00 -6520 (FERAL & ALM NISIRATICN 20 -07 -6110 LAB3RATDRY 10 -37 -6200 INECDATTCN SYSTEMS 20 -37 -6200 Il TICN SYSIEIv6 10 -28 -6360 10 -00 -2518 20 -38 -4405 20 -38 -4405 ALPINE CDCNIY GENERAL & CZSICMER SERVICE QJSICNER SERVICE Descr-ipticn AFLAC FEE LE7 ETICN Check 'Ibtal : LUES M a- I ' /CER IFICATI Ih1ES ID VD" IP /canaFICATI Check Tbtal: IAL SJPPLIES INVENICIR. Check 'Ibtal : JANTEDREAL SUPPLES IMADNICR Check Total: Verrbr Tbtal: SUPPLIES SUPPLIES NENTIC JN3 PROPANE 1 OA Ne,. Go I I1 Check Tbtal: Check Tbtal: Check Tbtal: Check Tbtal: � PA E Check Tbtal: CJCNIRACILAL SERVICES Atrcunt Check # 'Tape 110.00 110.00 00060054 NW 75.00 75.00 150.00 00060055 M' 396.46 396.46 00060056 M' 536.63 536.63 00060057 NW 933.09 80.50 80.50 161.00 00060058 NW 615.00 615.00 00060059 MAI 93.50 93.50 187.00 00060060 NW 346.93 346.93 00060061 NW 1,128.65 136.13 1,264.78 00060062 NW 832.28 South Tahoe P.U.D. 05/26/05 PAYMENT O F CLAIMS R E P O R T 05/20 2005 - 06/02/2005 THU, Mg1Y 26, 2005, 9:56 AM - -mg: : ' - -leg: (� 0L - -loc: GE1'1E - -- -fob: 338703 #J005--- -p:cg: 09 <1.07 > - -fit id: I fai it t Selecticn: Check Stock ID: AP ; Check Types: NW, BW, RV, VH Vencbr Nacre 1 xr i t # ant AXELSCN IRON SHOP B S K I LYTTCAL LABS PACIIELER, JcN C ELY PaCS BERRY- HINZKEY INETb'IPI BI STATE PROPANE BINS IsnIRIALS F IlF R BB N TII` P PERSCIA\EL urrV RIBBCN TEMP PERSONNEL 10 -04 -6022 HEAVY NAINIE7 20 -07 -6110 LABORATCRY 10 -02 -6250 REPS 10 -06 -6652 OPERATTCNE 10 -00 -0415 20 -02 -4630 10 -01 -6360 20 -00 -6360 20 -01 -6052 10 -28 -6042 20 -38 -4405 20 -38 -4405 C SAL & ALNIINISIRATICN INCERGROLND REPAIR COAL & ALM NISIR TICN t1DRREPAIR ALPINE Q15ICMER SERVICE CIb'1L? ER SERVICE Description Check Tbtal: SB R Check Total: NENTTLRIl3 Check Total: DUES/N ZOUPS/ TCATI Check Tbtal: BIOS= DISPOSAL Q SIS Check Tbtal: OIL & LIERIC ANIS Check Tbtal: PROPANE PROPANE Check Total: Pia., COVERS & YANKEES GUMS & Check Tbtal: OCNTRALTI.AL SERVICE'S Check Total: CENIRAC'U L SERVICES Check Tbtal: Vencbr Total: Anumt Check # Type 832.28 00060063 NW 24.78 24.78 00060064 NW 180.00 00060065 NW 60.00 00060066 NW 00060067 NW 180.00 60.00 1,737.12 1,737.12 3,153.33 40.54 3,193.87 21.95 140.00 161.95 00060068 NW 00060069 NW 243.36 338.79 582.15 00060070 NW 2,700.73 2,700.73 00060071 NW 774.93 774.93 00060072 NW 3,475.66 South Tahoe P.U.D. 05/26/05 PAYMENT OF CLAIMS REPORT 05/20 2005 - 06/02/2005 TU[J, NAY 26, 2005, 9:56 AM - -req: THERESA---leg: GL JL- -loo: CNSE1E - -- -jab: 338703 #J005--- -prag: 09 <1.0'7 > - -sort id: Defai 11 t Selection: Check Stock ID: AP ; Check Types: NW,HW, RV,VH Vender Nine kzz nt # Department BDISE CASE BJISE CASCAEE CDW -GCCRP CDW - G OZ P CWEA 10 -00 -0428 GENERAL & ATMINISTRATICN 10 -00 -0428 GOAL & AIIvDNISIRATICN 20 -37 -4840 10 -37 -4840 10 -37 -4840 20 -37 -4840 INFICRINATICN SYSTEMS INECIRMAT'ICN SYSIflE INFICFMTICN SYSTEMS 10 -07 -6250 IABURATCRY CALIF DEFT OF COAL SERVICES 20 -02 -8564 REPS 20 -05 -8521 EIJUIRMENT REPAIR CALIF LEFT OF HEALTH SERVICES 10 -06 -6250 OPERATIONS CALIF WATER RCS CA,LIFC VIA C7 /E1 NICET 90 -98 -8828 EXPCRT PIPELINE GRANT 10 -00 -4810 CORAL & AD IINISIPATICN 20 -00 -4810 GENERAL & ALNIINISIlRATICN 10 -07 -4810 LABCRA'LRY Eescripticn OFFICE SUPPLIES INVENICRY Check 'Ibtal : OFFICE SUPPLIES INVENICRY Check Tbtal: Vendor 'Ibta1 : DISTRICT OCMFUIER SUPPLIES DISTRICT CCMFUTfR SUPPLIES Check Tbta1: DISTRICT CCMPJIER SUPPLIES DISTRICT CXMFUIER SUPPLIES Check 'Ibtal : Vendor Ibtal: E ES/N SHIPS /CE 'IC ATI Check Tbtal: REPL VEHICLE #41 AEDL TRUCK EQUIP REPAIR Check Total: DUES/ME RS[IIPS /CERTTFTCATT Check Tbtal: BLME PHS III LPPS-CMFGRaN Check Tbtal: FOSPEE EXPENSES FCSIASE EIS a Amxmt Check # Type 504.90 504.90 00060122 NW 27.16 27.16 00060123 MW 532.06 649.13 649.09 1,298.22 00060074 ICI 199.10 184.03 383.13 00060075 MAI 1,681.35 151.50 151.50 00060076 NW 459.70 758.71 1,218.41 00060077 NW 80.00 80.00 00060078 NW 70,000.00 70,000.00 00060079 NW 8.75 8.75 15.29 South Tahoe P.U.D. 05/26/05 • PAYMENT OF CLAIMS REPORT 05/ 2005 - 06/02/2005 QE �EPTHI, M Y 26, 2005, 9 :56 A II A-- -leg: i CNSEL - -- -jab: 338703 #J005--- -pog: 09 <1.0> - -iort 4 C • Defai it t Selecticn: Check V±r Narre Stock ID: AP ; Check Types: NW,HW,RV,VH Acczunt # Departrrent CAPITDL TAEIEWCRES TIC CARCLLO EMINEE RS CP,RSCN PUMP Q11E IS 20 -07 -4810 LABORATORY 20 -29 -8574 ENGINEER= 10 -27 -4405 DISTRICT I1'ICN 20 -27 -4405 DISTRICT ILTICN 90 -98 -8828 EXPORT PIPELINE GRANT 10 -29 -7040 ENGINEEREN3 20 -02 -6050 PUMPS 10 -22 -4405 HINAN RESCt. S 20 -22 -4405 HLVAN RESOURCES DIRECTOR COST CCNT INMENT MI5 INC .30 -00 -6741 SELF FUNDED INSURANCE QILLEN, JANE W COVER CXNPANY TIC L VI DICK'S FULLER - 10 -21 -6621 ALMENISIRATICN 20 -21 -6621 ALMENISIRAT'ICN 20 -27 -6660 DISTRICT IIICN 20 -07 -6110 L B RAIL Y 10 -04 -6021 I•EAVYMAINIENAME Dascriptia1 PCSIAE EXPENSES WELL, BAYV ER C1dt Tbtal: CONE RA MAL SERVICES OZNIRACIUAL SERVICES Check lbtal: BL11NE PITS III LPPS -N 8CDILM HYR X3IL RITE CLNVEPSI Check Total: WELLS Check Tbtal: CaNIRAC]11AL SERVICES 0:N1 RAC'ILAL SERVICES Check Total: AUNT NISIRA7.ICN rr ; Check Total: INCENTIVE & RErtG TI.'ICN Mat I! JC NI'IVE & REI:OGNITICN PRGR Check 'Total: WATER CCNSERVATICN EX Check Total: KNITCRIM Check Total: PRIMARY E PMENr k Total: Amxmt Check # Type 22.25 5.36 60.40 00060080 NW 27.50 27.50 55.00 00060081 NW 22,892.25 177.50 23,069.75 00060082 NW 3,097.00 3,097.00 00060083 NW 30.80 30.80 61.60 00060084 NW 47.15 47.15 00060085 WI 25.00 25.00 50.00 00060086 NW 1,680.15 1,680.15 00060087 NW 103.00 103.00 00060088 NW 144.51 144.51 00060089 MAI South Tahoe P.U.D. 05/26/05 PAYMENT OF CLAIMS REPORT 05/20 2005- 06/02/2005 THU, MAY 26, 2005, 9:56 AM --zap 'IIEA -- -leg: GL QE1'1E - -- -jab: 338703 #J005--- -pzrog: CC115509 <1.07 > - -wort i Default Selection: Check Stock ID: AP ; Check Types: MW,HW,RV,VH Veni r Narre Acoamt # Department DRIVER AT T IANT INSURANCE 10 -00 -0301 GENERAL & ALNBNISIRATTCN 20 -00 -0301 COAL & POUNISIpATI N E & M ELECTRIC AND NACHINERY 10 -37 -6030 DIECRvinsTICN SYSIFNS 20 -37 -6030 IlTICN SYSTEMS E N S RESCURCES INC EL EGEA O 03CNIY FE EX FISHER SCIENITFIC 10 -27 -4405 DISTRICT INFCENATICN 20 -27 -4405 DISTRICT IliTICN 10 -02 -6650 PUMPS 10 -00 -4810 SAL & ALNIINISIRATICN 20 -00 -4810 GENERAL & RYINISIl TCN 10 -37 -7051 INFORMAITCN =E ms 10 -39 -4810 FIl..E 20 -39 -4810 FTNANCE 10 -07 -4760 LAB RPAc RY 20 -07 -4760 LABORATORY G L I INIERNATICNAL - Iii CO 10 -07 -4760 LABORAICEY 20-07-4760 I EY MR IA EXCAUATIM3 & PAVIN3,DCN 20 -29 -8401 E! IlNEERIlM GEOLRANS Il� 10 -37 -8565 INECRuATICN SYSTEMS Descxipticn INSURANCE PREPAID INSURANCE PREPAID Check Total: SERVICE CCNIRACTS SERVICE CCNERACIS Check Tbtal: GCNIRACTUAL SERVICES C N R CTUAL SERVICES Check Tbtal: OPERA= PENS Check Total: PCSIAC =ENE SYSTEM PCS= EXPENSES STEE EKINSES Check Total: LABCRATCRY SUPPLIES IAB RATCRY SUPPLIES Check Total: IABCIRATORY SUPPLIES LAB RATORY SUPPLIES Check Total: QS'IQ 1ER SERVICE CENTER Check Total: GIS IMPIENENTATTON - • / 4J11.`j' Amxmt Check # Type 58.00 58.00 116.00 2,685.48 2,685.50 5,370.98 2,581.55 2,581.55 5,163.10 303.00 303.00 00060093 .141 00060090 Ma 00060091 NW 00060092 NW 5.50 5.50 24.46 7.47 7.47 50.40 00060094 144 00060095 M'7 48.04 36.04 84.08 00060096 Ma 4,277.91 4,277.91 00060097 NW 7,365.33 368.54 325.84 694.38 South Tahoe P.U.D. 05/26/05 PAYMENT OF CLAIMS REPORT 05/2.0/2005- 06/02/20. CK� �J, MAY 26, 2005, 9:56 AM - -re: THERESA---leg: C � JL- -loo: QVSl'1E-- - -jcb: 338703 #J005--- -plug: CQ609 <1.07 > -- Default t Selection: Check Stock ID: AP ; Check 'Iipes : M' , HW, RV, VH Vendor Noire Account # Departrnent CRATTNA PACIFIC INC HAD BarED LOCKSNb'IH ISINC MST Y- MINIS ThJc INIERST IE SAFELY & SUPPLY J & L PRO KEEN INC 10 -04 -6041 20 -02 -6041 20 -37 -6200 10 -37 -6200 20 -27 -6660 HEAVY NAIlVIDE RPM INECRATICN SYSTEMS INECEMATICN SYSTEMS DISTRICT IlICN 10 -00 -0425 SAL & ALNIINISTRATICN 10 -39 -6077 FINANCE 10 -00 -0421 GENERAL & A11�NISIRATICN 10 -39 -6074 FINANCE 20 -39 -6074 FINANCE JEE'FERSCN PIIOI' FILIAL 10 -00 -2539 COAL & AII'NISIRATICN JCNES, J R 10 -19 -6200 ECARD OF DDS 20 -19 -6200 BOARD OF DIRKS Descx'ipticn BUIIDIN BUEDINM TRA 'IRA ID 1 es It. Check 'Ibtal : Check Total: Check Tbtal: aATICN / '1'Ibtal: TAiniTER. CCNSERVATTCN EXPENSE Check Total: SAFETY SUPPLIES INVIHNICRY FREIGHT /DISCIaNIS SEDP SUPPLY Check Total: JANTICRIAL SERVICES JANTICRIAL SERVICES Total: ISM TERM DISABII,ITy, i.NICN Check Total: mammal Check Total: Amount Cineck # I ape 7,365.33 00060098 Mr 442.86 442.86 00060099 NW 8.13 8.13 00060100 Mei 1,062.50 1,062.50 2,125.00 00060101 NW 275.46 275.46 00060102 NW 131.03 27.34 96.98 255.35 00060103 MAT 1,473.50 1,473.50 2,947.00 00060104 MST 1,947.70 1,947.70 00060105 NW 104.03 104.03 208.06 00060106 NW 00060107 M, 7 South Tahoe P.U.D. 05/26/05 PAYMENT OF CLAIMS REPORT 05/2012005- 06/02/2005 THU, NAY 26, 2005, 9:56 AM - -rnq: 'II A- - -le3: GL JL - -loc: MITE- -- -jab: 338703 #J005 - -- prcg: Ci(.509 <1.07 >-- report id: c Default SP1 ectici: Check Stock ID: AP ; Check Types: Mnl, HW, RV, VH Vendor Narre Amount # wit Description Amount C1 edk # Type LIFT EQUIPMENT CERT. CO. INC. 10 -04 -6041 HEAVY NAINIENAN;E BUILD]NE r,rrTY'S TIRE SERVICE INC. 20 -05 -6011 DIIFMENT REPAIR LIVE WIRE MEDIA PASS 20 -27 -6660 DISIRICT INFORANTIM M W H LABS 20 -07 -6110 LABORATORY NAASS MIDWEST 20 -02 -6050 REPS NARD, MIKE 10 -05 -6200 20 -05 -6200 a• 1• !� 9. 1• ID REPAIR REPAIR NE NAS ER CSR SUPPLY CO 10 -04 -6041 HEAVY NAINIENANCE NE FASTER CARR SUPPLY 00 20 -02 -6073 RNPS MCIEL =ACRES INC 10 -37 -7051 INECEVATICN SYSTEMS MJITCN INC SIRIES INC 10 -04 -6022 HEAVY MIINIENANZE N I G P NCRIBERH CALIF' CHAP= 10 -39 -6250 FINANCE Check Total: AUICK I'.IVE Check Total: 1AATE2IATICN EXPENSE NCNTI RI WFT T S Check Tbta1: Cherk Total: Check Total: 700.00 700.00 00060108 NW 534.98 534.98 00060109 NW 336.00 336.00 00060110 NW 225.00 225.00 00060111 NW 168.19 168.19 00060112 MN TRA eti CN -36.00 TRA -36.00 Check Tbtal: -72.00 00059874 RV BJUDINM 129.71 Check Total: 129.71 00060113 NW SMALL 'IWLS 376.23 Check Total: 376.23 00060114 NW Vendor Total: 505.94 TELEPHONE SYSTEM heck Total: 2,264.21 C 264.21 00060115 NW SEDONDNRY EQUIPMENT 41.63 Check Total: 3 00060116 NW DJES/NES'EItPS /CERTIFTC ATI 12.50 South Tahoe P.U.D. 05/26/05 PAYMENT OF CLAIMS REPORT 05/20/2005- 06/02/2005 8 T [J, MAY 26, 2005, 9:56 AM - -I ' p : - -leg: GL JL--loc: CNSTIE-- - -Jcb: 338703 #J005 - - - - cg: 09 <1.0 > - -rep rt id: CK( Default Selection: Clerk Stork ID: AP ; vendor Nate Check Types: M4,HR,RV,VH Acccurit # 20 -39 -6250 NEVALA DIVISION OF FCRESIRY 10 -28 -4405 NEW RESOURCES GROUP INC NOLPN, TIM N:RUCN, LARRY B R SUPPLY RPDIO SHPLK RICCA CHEMICAL AL CID RIMER, TIMMY J S B C 20 -27 -6660 10 -39 -4820 20 -39 -4820 10 -03 -6200 20 -03 -6200 20 -01 -6052 10 -37 -4840 20 -37 -4840 10 -07 -4760 20 -07 -4760 10 -29 -6200 20 -29 -6200 10 -00 -6320 Department FINANCE ALPINE CIJfNIY DISTRICT INKRNATICN FINANCE FAME ELECIRIC7IL SHOP ELECTRICAL SHOP UNEEPSEUND REPAIR INECEM4TTCN SYSTEN6 INETICN SYSTEMS LAB RAKEY LPG EMINEERIM ENMEMIl3 COAL & ALMINISIRAZTCN Description D(EsAv riEERsERPS /C TFTCAIT Check Tbtal: CC NURACTU AL SERVICES Check Total: VAR CENSERVATICN EXPENSE Check Total: C'ICE SUPPLIES CFFTCE SUPPLIES Check 'Total : TRA TRA 2 lid 1 es 2 0 t es CN Check Tbtal: PIPE, COVERS, & MA-L7LES Check Total: DISTRICT CTiER SUPPLIES DISTRICT OCMPUIER SUPPLIES Check Total: LAS SUPPLIES Check IABORATURY SUPPLIES Tbtal: 'IRA PHEUCATICN TRA Check Total : 2 0 I es 2 0 1 es SIGNAL CHARGES Check Total: Anr unt Check # TYPe 12.50 25.00 00060117 W7 5,007.19 5,007.19 00060118 Mai 2,643.00 2,643.00 00060119 Md 13.09 13.08 26.17 00060120 DV 68.00 68.00 136.00 00060121 NW 231.02 231.02 00060124 NW 30.12 30.11 60.23 00060125 IVW 12.16 7.00 19.16 00060126 NW 195.00 195.00 390.00 00060127 Ma 128.68 128.68 00060130 NW South Tahoe P.U.D. 05/26/05 PAYMENT OF CLAIMS REPORT 05/2012005 - 06/02/2005 9 THU, NARY 26, 2005, 9:56 AM - -�q: ' - -1a3: CL 3L- -lo : Q15.1.E-- - -jcb: 338703 #3005--- -prog: Qt509 d.07 >- -report id: CK� Default Selectian: Check Stock ID: AP ; Check Types: NW,HW,RV,VH Ven r Nacre Acocu t # Departrre t S BC /MCI S B C Pacific Bell SCCJIT SPE SALTY CASES SCIDIT, BILL 10 -00 -6310 10 -02 -6310 10 -21 -6310 10 -39 -6310 20 -02 -6310 20 -21 -6310 20 -39 -6310 IIMPS GENERAL & ALMENISERATICN LMENISIRATICN F.IICE KMPS AIIMINIS RA ICN FQE 20 -37 -4405 INFORMDITICN SYSIENB 10 -37 -4405 Il TT N SYSIEM3 20 -37 -8569 I FCE TICN SYSTEMS 10 -06 -6024 OPERA_ICNS 20 -38 -4405 CL1SICNIER SERVICE SIERRA FOOTHILL IAA 10 -07 -6110 LABORATORY 20 -07 -6110 LABORATORY SIERRA PACIFIC MAIER SMITEI LESIC T C 3JP 10 -00 -6330 GENERAL & ALMENISTRATICN 10 -00 -6740 COAL & ADMINISTRATION 20 -00 -6330 CORAL & ALN1ThJIS RAT'ICN 20 -29 -8401 ENIMEERINB sum INI E NQaSPAPFR ASENC.'Y 10 -21 -4830 Al:MINISMAITCN 20 -21 -4830 AIM NISI1ATICN Descripticn TEXIIRICNE TEL EMCNE r EP :NE TLEEP :NE TELERENE Check Tbtal: CCNIRACIUAL SERVI� FIBER VAN LIAR SEBJPS Check Tbtal: FURNACE E TCheck Total : CCNIRACITAL SERVICES Check Tbtal: MNT'ICRIM KNITCRIM Check Tbtal: T3 FC IRicriY SiRbkle LIGHTINU EXPENSE T3 EC'TRICTIY Check Tbtal: CUSIC 1ER SERVICE C VIER Check Total: aESCRIFTICNS E=SE SLESCRIPr1CNS EKPENSE Amzu t Check # Type 94.28 108.2222 15.50 106.61 8.22 15.50 355.17 00060128 NW 1,695.50 1,695.50 4,492.00 7,883.00 00060129 Ma 67.88 67.88 00060131 WI 438.62 438.62 00060132 NW 165.00 48.50 213.50 00060133 NW 63,053.54 16.59 23,031.73 86,101.86 00060134 MAI 24,550.06 24,550.06 00060135 NW 53.02 53.01 South Tahoe P.U.D. 05/26/05 PAYMENT OF CLAIMS REPORT 05/2012005 - 06/02/2005 10 THUT, MAY 26, 2005, 9:56 AM - -mg: - - -1a3: C� 3L - -loc: Q�1�1E-- - -3ab: 338703 #J005--- -prcg: C 09 <1.07 > - -fort id: CRC Default Selection: Check Stock ID: AP ; Check Types: NW,I4AI,RV,VH Vear Nacre Account # Department SOUTH 'IAIEE PLLMBEG SUPPLY OU THWEST CAS S] PD INSURANCE COMPANY STAPLES SDATELINE OFFICE SUPPLY 10 -04 -6023 HEAVY MAINTENANCE 10 -02 -6051 PUMPS 20 -02 -6050 PUMPS 10 -00 -6350 20 -00 -6350 10 -00 -2531 10 -07 -4312 20 -07 -4312 10 -21 -4312 20 -21 -4312 10 -27 -4312 20 -27 -4312 10 -28 -4312 10 -29 -4312 20 -29 -4312 10 -38 -4312 20 -38 -4312 10 -39 -4312 20 -39 -4312 GENERAL & ATMINISIRATICN COAL & ATMENISIRATICN GENERAL T & AI SIRTCN LABCIRA /AEC 2ATCRY AEMINISTRATICN ATMINISIRATICN DISTRICT INECRNATTCN DISTRICT INFCRVAITCN ALPINE O3LNIY ENMNEERINTh ENS_ CUSICNER SERVICE FINANCE FINANCE 10 -01 -6052 L1 ND REPAIR 20 -21 -4820 AII l NISIRATICN 10 -21 -4820 AEMINISIRATICN I escripticn ILL F SLEW 1AIE as NATURAL CAS NATURAL CAS Laz LCi3 TERM LCI\B TERM! LCI3 'MN LCIZ TERM Laz TERM LQ3 TERM LCI3 TERM LQ3 TERM La\U TERM L N3 TERM LIZ TERM LQc TERM LC1N TERM Check Total: Check Total: Check Total: DISABILITY, DISABILITY, DISABI TTY, DIMBILITY, DISABILITY, DISABILITY, DISAB]L 1, DISABI TTY, DISABILITY, DISABILITY, DISABILITY, DISABILITY, DISABILITY, DISABI MGMT M'MT M:MT M:MT KNIT M3 r M3vII' MgvIT M:MT MUM' Total PIPE, COVERS, & NI?DLES Check Total: OFFICE SUPPLIES OFFICE SUPPLIES Check Total: Amxmt Check # Type 106.03 47.62 162.96 5.06 215.64 119.69 198.10 317.79 1,492.03 6.90 6.90 6.90 6.90 5.06 5.05 14.58 0.54 0.54 11.76 11.76 16.61 16.60 1,602.13 38.68 38.68 59.33 59.33 118.66 00060136 Md 00060137 MW 00060138 NW 00060139 MAT 00060140 WI 00060141 WI South Tahoe P.U.D. 05/26/05 PAYMENT OF CLAIMS REPORT 05/20 2005 - 06/02/2005 11 THU, MY 26, 2005, 9:56 PM - -req: TH RESA- - -1eg: CL JL - -1oc: CNSI' - -- -jab: 338703 #J005-- - -prcg: 09 <1.07 >-- report id: C�� Default Selection: Check Stock ID: AP ; Check Types: NW, HW, RV, VH Vender Nacre Aooa nt # Departrrent SUBSITIUIE PERSCNS1EL & SWAIN, ova, TRPA TRPA TRPA TRPA MEE ELI]EPRINr TAME CARSCN AREA NEC MICE r'h CCNIRDL, TAME M7[NlAIN NEIA S 10 -01 -4405 L1 ND REPAIR 20 -01 -4405 LEEEPGRaND REPAIR 10 -37 -6200 INFORMATICN SYSTEMS 20 -37 -6200 I1TCN SYSIRNS 20 -29 -8574 FI3IlNEERIlN3 20 -29 -8574 ENGINEERIN3 20 -29 -7048 EN3IlNEERI N3 20 -29 -8548 EN3INEERM 20 -29 -8548 ENGINEERM 20 -38 -4930 C E'ICNSR SERVICE 10 -06 -6075 OPEf2ATIC E 20 -27 -6660 DISTRICT INFCMATTag I scripticn OC7NIRACILRL SERVICES CCNIRACTLAL SERVICES Check 'Ibtal : IRA TRA TCN Check 'Ibtal : D ID I C. .1i I'.} 1 e. WELL, EAYVIEW Check Tbtal: WELL, EAYVIEW Check Tbtal: WIEN, JCIN3CN ELVD Check Tbtal: WIRLN, HWY 50 REND TO SJ Check Tbtal: Vendar Total: WIRLN, FblY 50 REND TO SJ Check Total.: AL6 /Lam NDITCES Check Tbtal: SAFETY EQUIPMENT/PHYSICALS Check Tbtal: WATER QCNISE2VATICN EZPENSE Check Total: Aunt Check # Type 1,824.00 912.00 2,736.00 00060142 !'W 58.83 58.82 117.65 00060143 MAT - 435.00 - 435.00 00058370 RV 435.00 435.00 00060144 Ma 2,173.00 2,173.00 00060145 NW 2,483.00 2,483.00 00060146 NW 4,656.00 75.43 75.43 00060147 W7 241.57 241.57 00060148 NW. 465.48 465.48 00060149 Ma 225.00 225.00 00060150 NW South Tahoe P.U.D. 05/26/05 PAYMENT OF CLAIMS REPORT 05/20/2005- 06402/2005 12 'MU, NAY 26, 2005, 9:56 AM --rag: THERESA---leg: GL JL - -lcc: C EUE - -- -fob: 338703 #J005 - -- pxog: 09 <1.0 > - -xepa t id: C PC Default Selection: Check Stock ID: AP ; Check Types : Ma, HW, RV, VH V&idrar Narre Acoa mt # Depattrrent TAHOE PRINT1N3 10 -01 -6052 INCERJUID REPAIR VALLEY TAHOE ELECTRIC SUPPLY 20 -03 -6050 ELECTRICAL SHOP ICERNEY, UNTIED TM E INC V W R CCRPORATICN VERI70N INUJS RIFS INC ZINC WEST C7 ST IIMIlNEERED WESTERN NEVAI A SUPPLY 10 -04 -6200 HEAVY NAINTEEMNCE 10 -00 -0421 GENERAL & ALMENTSIRATICN 20 -07 -4760 LABORATORY 10 -07 -4760 LABORATORY 10 -28 -6310 ALPINE C NIY 10 -01 -6071 L1CN) REPAIR 10 -03 -6071 ELECTRICAL SHOP 10 -03 -6041 ELECTRICAL AL SHOP 20 -03 -6041 ELECTRICAL SHOP PROCUCIS 10 -04 -6023 HEAVY NV ET N ; 20 -38 -6045 CUSICNE12 SERVICE 20 -02 -6050 PIMPS 10 -01 -6071 ENCERGROUND REPAIR 10 -04 -6023 HEAVY NAINTENANCE DescTipticn PIPE, COVERS, & NABS Check Total: WU TS Ole& Total: 'IRA /EC UZATICN Check Total: SHOP SUPPLY INVFNILRY Check Total: IABCRATORY SUPPLIES LABORATORY SUPPLIES IFS Check Total: TET EP ENE Check Total: SHOP SUPPLIES Check Total: SEDP SUPPLIES BUILDINGS BUU DIIM Check Total: FILTER EccuP /arc Total: TALES METERS SHOP FILTERSUEIPITHIG Amount Check # Type 42.08 42.08 00060151 MrI 2,796.60 2,796.60 00060152 Ma 29.44 29.44 00060153 MAT 70.04 70.04 00060154 NW 59.27 69.26 128.53 00060155 NW 159.52 159.52 00060156 NW 241.51 241.51 00060157 M4 243.38 501.73 215.97 961.08 00060158 M4 221.58 221.58 00060159 MS 13,629.30 134.58 158.53 117.76 South 'I'ahce P.U.D. TILT, MAY 26, 2005, 9:56 I fai >1 t Selection: Check Vendor Nrre 05/26/05 PAYMENT OF C L AIMS REPORT 05/2012005 - 06/02/20 Id: ALA l3 AM - -req: ']---1: C� JL - -lcc: CN51'1±-- - -fob: 338703 W005 - -- -fig: 09 <1.07>--report Stock ID: AP ; check Types : Ma, HW, RV, VH Amount # apartment 10 -02 -6051 AMPS 20 -01 -6073 LIPID REPAIR 20 -01 -6052 iIECI\ID REPAIR 10 -04 -6022 HEAVY MINIM= WOLF LCD CELT & BACKEILW 10 -38 -4405 CSICNE R SERVICE 20 -38 -4405 CLSICt SERVICE ZEE MEDICAL INC MINER, DAVE ZYNAX 10 -01 -6075 20 -01 -6075 10 -02 -6075 20 -02 -6075 10 -03 -6075 20 -03 -6075 10 -04 -6075 10 -06 -6075 10 -38 -6075 20 -38 -6075 10 -39 -6075 20 -39 -6075 INCERSTUND RE= I.NCERGRatID REPAIR AMPS Ef PIMPS tO L SE$3P ELECTRICAL TRKAL SEE HE VY NN 'E CUSICM3R _ CE CLERMat SERVICE FINANCE ETMITE 10 -28 -6042 ALPINE C7fNT'Y 20 -07 -6110 LAB RA1t EY Descripticai AMP sI'AATICNS S ER s EIZOIRENT Check Zbtal: CCNIRAGT[RL SERVICES CCNIRACR A,L SERVICES Check Tbtal: SAFELY SAFETY SAFETY SAFETY SAFETY SAFETY SAFETY SAFETY SAFETY SAFETY SAFETY SAFELY m• • !m PHYSICALS me • ;D PHYSICALS me • ,a PHYSICALS m• / PHYSICALS m• Rv1ENrPHYSICALS mP • � Pf PHYSICALS YSICA S m• • m PHYSICALS m• • ��m PHYSICALS a• ANN!' /PHYSICALS (heck Tbtal: GROUID1S & NAIlVIEMNCE C1�eck ' Tbtal : KNTICRILZ Check k 'Ibtal : Grand Tbtal: Amunt Check # Zype 18.13 16.03 31.12 14,172.60 00060160 MCI 162.50 162.50 325.00 00060161 Ma 35.32 35.32 20.05 20.05 10.79 10.79 48.47 34.75 9.11 9.10 8.98_ 8.98 251.71 00060162 NW 4,290.00 4,290.00 00060163 MAT 674.00 674.00 00060164 NW 317,248.72 South Tahoe Public Utility District General Manager Richard H..~olbrlg Direccor$ Tom Com'ce James R, Jonss Mary Lou Mosbacher Duane Wallace EHc ~chafer 1275 Meadow Crest Drive · SoUth Lake Tahoe, CA 96150-7401 Phone 530 544-6474 · Fax 530 541-0614, www. stpud,us BOARD AGENDA ITEM NO. 14.a TO: FROM: Board of Directors Richard Solbrig, General Manager, Paul Sciuto, Assistant General Manager/Engineer MEETING DATE: June 2, 2005 ITEM - PROJECT: Conference with Legal Counsel - Anticipated Litigation (two cases) REQUESTED BOARD ACTION: Direct legal counsel. DISCUSSION: Pursuant to Section 54956.9(b) of the California Government Code, Closed Session may be held for conference with legal counsel regarding anticipation of litigation. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED~ON: GENERAL MANAGER: YESz"f,/M NO CATEGORY: South Tahoe Public Utility District General Manager ~iehard lq. 9olbrlg D/rectors Tom Comt~ James I~ donee Mar~ Lou Mo~baeher Duane Wallac~ Eric 5chafer 1275 Meadow Crest Drive, SoUth Lake Tahoe, CA 96150-7401 Phone 530 544-6474. Fax 530 541-0614 · www. stpud.us BOARD AGENDA ITEM 14.b TO: FROM: MEETING DATE: Board of Directors Richard H. Solbrig/General Manager, Gary Kvistad/Legal Counsel June 2, 2005 ITEM - PROJECT: 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: STPUD vs. 1442.92 Acres of Land in Alpine County, California; United States District Court for the Eastern District of Ca., Sacramento Division, Case No. CIV S-02- 0238 MCE JFM. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED AC~ON: GENERAL MANAGER: YES /,/.~/ NO CATEGORY: Sewer South Tahoe Public Utility District General Manager Richard H. Directors Tom Comt~ Jame~ I~ Jone~ Mary Lou Mo~Pacher Duane Wallace Eric E~chafer 1275 Meadow Crest Drive · SoUth Lake Tahoe, CA 96150-7401 Phone 530 544-6474, Fax 530 541-0614, www. stpud.us BOARD AGENDA ITEM 14.c TO: Board of Directors FROM: Jim Hoggatt/Construction Manager/Engineer, Gary Kvistad/Legal Counsel MEETING DATE: June 2, 2005 ITEM - PROJECT: Conference with Legal Counsel - Anticipated Litigation REQUESTED BOARD ACTION: Direct legal counsel. DISCUSSION: Pursuant to Section 54956.9(c) of the California Government Code, Closed SessiOn may be held for a conference with legal counsel regarding anticipated litigation: Pioneer Trail waterline replacement near Filter Plant SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CO.CURRE.CE W.. REOUES*ED GENERAL MANAGER: YES CHIEF FINANCIAL OFFICER: YES?~c~~_ NO NO CATEGORY: Water South Tahoe Public Utility District General Manager Rtchard H. 5olbrig D/reccor$ Tom Comt~ James R. Jones Mary Lou Mo~baeher Puane Wallace Eric ,%haler 1275 Meadow Crest Drive · SoUth Lake Tahoe e CA 96150-7401 Phone 530 544-6474 · Fax 530 541-0614 · www. stpud.us BOARD AGENDA ITEM 14.d TO: FROM: MEETING DATE: Board of Directors Richard H. Solbrig, General Manager June 2, 2005 ITEM - PROJECT: 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: Meyers Landfill Site - United States of America vs. El Dorado County and City of South Lake Tahoe and Third Party Defendants, Civil Action No. S-01-1520 LKK GGH, United States District Court for the Eastern District of California. SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED ,~TION: GENERAL MANAGER: YES ~ NO CHIEF FINANCIAL OFFICER: YES ~ ~{~ NO CATEGORY: Sewer South Tahoe Public Utility District General Manager Richard H, ,~olbrig Directors Tom Corn~ James R. Jones Mary Lou Mosbacher Duane Wallace Edc 5chafer 1275 Meadow Crest Drive · SoUth Lake Tahoe, CA 96150-7401 Phone 530 544-6474. Fax 530 541-0614. www. stpud.us BOARD AGENDA ITEM NO. 14.e TO: FROM: MEETING DATE: Board of Directors Executive Committee (Schafer/Wallace) June 2, 2005 ITEM - PROJECT NAME: Conference with Labor Negotiators REQUESTED BOARD ACTION' Direct negotiators. DISCUSSION: Pursuant to Section 54957.6(a) of the California Government Code, Closed Session may be held regarding contract negotiations for unrepresented employee position. Unrepresented Employee Position: General Manager Agency Negotiators: Executive Committee, Board of Directors SCHEDULE: COSTS: ACCOUNT NO: BUDGETED AMOUNT REMAINING: ATTACHMENTS: CONCURRENCE WITH REQUESTED~)TION: GENERAL MANAGER: YESES.. CHIEFFINANCIAL OFFICER: YES~ NO NO CATEGORY: General