Resolution 2423
...
r~
'--
JOHN C. WEIDMAN
ATTORNEY AT LAW
:1211 MAIN BTREn'
PLACERVILLE. CA ll!lllll?
TELEPHONE
1122-!l2110
1
RESOLUTION NO. 2423
2
3
A RESOLUTION OF THE BOARD OF DIRECTORS OF SOUTH TAHOE
PUBLIC UTILITY DISTRICT AUTHORI~ING EXECUTION OF AN
AGREEMENT BETWEEN SOUTH TAHOE PUBLIC UTILITY DISTRICT
AND FRED H. GANSBERG
4
5
BE IT RESOLVED by the Board of Directors of South Tahoe
6
Public Utility District, County of El Dorado, State of Califor-
7
nia, as follows:
8
1. There has been submitted to the South Tahoe
9
10
Public Utility District Board of Directors at its regular meeting
11
on this date an Agreement Between South Tahoe Public Utility Dis-
12
trict, a California public utility district, and Fred II.
13
Gansberg.
14
2. 1\ copy of said Agreement is attached to this
Resolution No. 2423.
15
3. 'l'he Board of Directors of South Tahoe Public
16
utility District authorizes the Chairman of the Board of Direc-
17
tors of South Tahoe Public utility District to execute said
18
Agreement on behalf of South Tahoe Public Utility District and
19
the Clerk of the Board to attest to the Chairman's signature.
20
4. When the documents are fully executed and ac-
21
knowledged, the Clerk of the Board of Directors is authorized to
22
23
record the same with the County Recorder of Alpine County in the
24
Official Records of Alpine County.
25
PASSED AND l\DOP'l'ED at cl duly held regular meeting of
26
the Board of Directors of South Tahoe Public utility District on
1 ~ZNA4!i7
rw.s 7 P1J2 JCf)
BOOK 2690 P"CE 3~:l
.....
\..
~
~ .,
~
JOHN C. WEIDMAN
ATTORNEY AT LAW
alii MAIN STREET
PLACERVILLE, CA IIsee?
TELIlI'HONIl
e22-S280
....
1 the 4th day of December, 1986, by the following vote:
2
3
AYES: Directors Wynn, Mason, Olson
NOES: None
4
ABSENT: Directors Madden, Jones
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
, ,,'t
"
"
'/".'
:'.~/) /';fl~: " . /
....,r;!JJ;.Jr;r.. (;~;{~~
Pl\.'I'.~~', t-1~~A~:t> Ae~EltK OF THE BOARD
sou1aHTAHOE "fl-Ql3tI.cUTILITY DISTRICT
"', II;" ,.\.,,'~"~,...~,"".~..;'~'~,,:' . ','
'.....;i c.It.." .
, ,J l: "1 /~'
,.",'.
/
21
22
23
24
25
26
...{L-i/
~m- c90/
aOOK 2690' '~AtE-34'4'
''\
~.f ,
. .-
1...' . , ..
~,
""
24
25
'--' 26
JOHN C. WEIDMAN
ATTORNEY AT LAW
:illS MAIN :IITREET
PLACERVILLE. CA Bllee?
TELE,.HONE
122-11210
1
2
3
CERTIFICATION
I hereby certify that the foregoing is a full, true,
and correct copy of Resolution No. 2423 duly and regularly
4
adopted by the Board of Directors of South Tahoe Public utility
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
District, El Dorado County, California, at a regular meet~ng duly
held on the 4th day of December, 1986, by the following vote:
AYES:
Directors Wynn, Mason, Olson
NOES: None
/
ABSENT:
Directors Madden, Jones
~~if::~~~
PAT"l\.. ,MAMATH ,::tERK, ,FTHE
BoARp,t' ':SOQTH, !TAJioE",,'pUB:L:~:c '"
UTI4.1'rY, OI~~RICT , :~',,/,'.-
'1:: ,..... '''ll.,;~. f~!..< :~f'
It. " .,.'
~-:-.~'~_ . ~/ -..... -~'. ~,,-,,::{,... <b.-
,. ~. ._........r :\..~,.
02283' "li4j4r",'~
- -(c' :.~ . -:'9 '~..'! ~ ._l.......... !~'h.l.'~ "
OffiCIAL RECORD$, ','
,~~&i2
"
JAN lJ1987
AT~t'4. t^~I"-'.H:.LOC~M, L
EL DORADO COUNTY, GAUfORNJA ~ l/)( I""if:>
~ t!~ ' Recorder fJriJ CJ " q'J I
4b ~ ~-b\J \~
21
22
23
3
~~ tiJ wrw57 PMJj~
~oo~,'2690 PAce345
8C)OOCUMM
..
4
"'
\.
AGREEM.ENT
THIS AGREEMENT is made this 4th day of December,
1986 by and between Fred H. Gansberg, a single man, hereinafter
called "GANSBERG", and South Tahoe Public Utili ty District,
hereinafter called "DISTRICT", as follows:
WHEREAS, GANSBERG has granted
herewi th to DISTRICT an easement necessary
diversion structure on Indian Creek; and,
contemporaneously
for the DISTRICT I s
WHEREAS, DISTRICT is required to graze a portion of
Harvey Place lands in Alpine County as a part of the Implementa-
tion Plan for Wildlife Management of Harvey Place as a result of
a Habitat Evaluation Procedure Analysis of Harvey Place Reservoir
by the California Department of Fish & Game; and,
~ WHEREAS, GANSBERG desires to graze cattle on a portion
of Harvey Place land to be acquired by DISTRICT in Alpine County,
California in accordance with the Implementation Plan for
Wildlife Management prepared by Jones & Stokes Associates, Inc.
dated March, 1984.
NOW, THEREFORE, IT IS AGREED as follows:
1. In consideration of GANSBERG granting the
aforesaid easement and for grazing portions of Harvey Place land
in compliance with the grazing requirements in the Implementation
Plan for Wildlife Management prepared by Jones & Stokes As-
sociates, Inc., March, 1984, GANSBERG shall have the right to use
a portion of Harvey Place land, described in Exhibit A, attached
~
1
\.,
\...
\"
..
hereto and made a part hereof, for grazing of cattle for the term
of the Modification Agreement to that certain Agreement between
DISTRICT and Diamond Ditch Mutual Water Association, a California
corporation.
2. GANSBERG's right to graze shall be limited to
compliance with the WILDLIFE MANAGEMENT STRATEGIES, Grazing Con-
trol on Harvey Place Ranch, set forth on Page 7 of the FINAL
SOUTH TAHOE PUBLIC UTILITY DISTRICT, HARVEY PLACE RESERVOIR, IM-
PLEHENTATION PLAN FOR \'HLDLIFE MANAGEMENT, prepared by Jones &
Stokes Associates, Inc. in March, 1984. A copy of said Page 7,
marked Exhibit B, is attached hereto and made a part hereof.
3. The grazing shall be at no charge for AUMs
(animal units).
4. All grazing by GANSBERG shall be subj ect to
said WILDLIFE MANAGEr-lENT STRATEGIES, Grazing Control on Harvey
Place Ranch.
5. DISTRICT shall monitor the grazing operation,
but GANSBERG shall be responsible for the care of his livestock.
6. GANSBERG's right to graze shall be subject to
any adjustment for the grazing operation as a result of any five
year Implementation Evaluation by DISTRICT and the California
Department of Fish & Game.
7. All GANSBERG grazing shall be limited to the
number of AUMs set forth and times of grazing set forth in said
WILDLIFE MANAGEMENT STRATEGIES, Grazing Control on Harvey Place
Ranch.
2
.
8. DISTRICT shall provide a pipeline and valve
~ (approximately 75 feet) to transmit reclaimed water from its ex-
port pipeline to the Harvey Place irrigation ditch located north
of the export pipeline.
9. GANSBERG will maintain said ditch and irrigate
with effluent said portion of Harvey Place described in said Ex-
hibit A, attached hereto and made a part hereof.
10. DISTRICT will assist GANSBERG in replacing a
diversion box on the south branch of Snowshoe Thompson Ditch No.
1 .
\..,
11. DISTRICT will provide new fencing on the
property line intersected by the Indian Creek Diversion Dam,
which fence shall be a 5 foot high, 8 strand barbed wire fence.
12. DISTRICT will further provide a 5 foot fence
parallel and immediately downstream of the debris fence, which
said 5 foot fence shall consist of 3 feet of wire mesh (also
known as field fence) with 3 strands of barbed wire above the
\vire mesh.
13. DISTRICT will maintain the diversion dam.
14. DISTRICT will provide GANSBERG with a right-
of-way to move cattle into Harvey Place for grazing.
15. The right of GANSBERG to graze shall be sub-
j ect to all Federal, State, and local rules, regulations, and
laws which DISTRICT is required to comply with in connection with
its Wastewater Reclamation Project in Alpine County and specifi-
cally, but not limited to, maintenance and operation of the Har-
~
3
. .
'-'
...
\....
.
vey Place Reservoir and Implementation Plan for Wildlife Manage-
ment.
16. GANSBERG shall not cause DISTRICT to violate
any of said rules and regulations as a result of his grazing
operation.
17. GANSBERG shall limit his grazing operation to
that area described in said Exhibit A.
18. GANSBERG will hold DISTRICT free and harmless
and indemnify DISTRICT for any claims or damages that DISTRICT
may suffer as a result of GANSBERG' s grazing opera tion on said
Harvey Place land.
19. DISTRICT will hold GANSBERG free and harmless
and indemnify GANSBERG for any claims or damages that GANSBERG
may suffer as a result of the DISTRICT's operation of its Was-
tewater Reclamation Project in Alpine County.
20. The right of GANSBERG to graze cattle under
this Agreement is non-assignable, and is only for cattle owned by
Fred H. Gansberg or Chris Gansberg. Specif ically, this right
shall not be for any other party's cattle or leased to any other
party.
21. The right of grazing shall extend to the heirs
and devisees of GANSBERG.
22. The right of GANSBERG under this Agreement
shall not commence until DISTRICT commences discharge of filtered
secondary 'into Harvey Place Reservoir.
4
..
\."
\"
\..
. .
, J
23.
DISTRICT will give GANSBERG notice of the
time it will start discharging effluent into Harvey Place Reser-
voir.
24. This Agreement is subject to approval by the
Alpine County Board of Supervisors, and the Alpine County Water
Agency pursuant to the provisions of the Second Amendment to
Agreement Between South Tahoe Public utility District and the
County of Alpine and the Alpine County Water Agency dated June 8,
1983.
" I
, "
SOUTH TAHOE PUBLIC UTILITY DISTRICT
ATTEST: ;;~ ci~~
PAT A. MAMATH
CLERK OF BOARD By
SOUTH TAHOE PUBLIC UTILITY DIST. Jo
of Board
J'\~4 fi,,~ ~,'-
RED H. GANSBERG J-
5
\..
'-'
\..,.
WIT N E S S
November 25, 1986 WITNESS the signature of:
Fred H. Gansberg
'/
~~
NE EPPI'i' _,
...
,
,
\'
~A~6BERC:l
L' x'"
. >- ~,./ ;" ../</~ /'
.,: ('~-L./ ~ \
, "" (, --I -.- "-. .
\ ';'-::.. Y n /rl" '. /~
~~. 'I \ t. /' I / /"
,-- -:--~ , ,>, y /'
, "''i;;~ _----- ',/ V
5CIJ.WAu ~ ,? ~, \, '
,....c;;. '...' /u" /
~., ,it) ./ ~
:. 1,/ .
/""C-;/, vIlm ..\ \ ./-
F'LMEO E1JO <;€t.TION-;':; ,/
,..- \ ./
"'- ,/
........... \::;1' ~ "
~ <.--- \/
\
POIr-I'T Or: ~E6It-J"""-U!I
/J 404~?
E 2.&.2.'355("
~.
I
- -
_ r..-..-""
lib.
"'....
6/3/86 a.. U)
..JCI:
::JW
()~
. -
o:~
WZ
ZW
CJ)~
Wz
~5
. ::>
a..U)
...lz
:Jo
()()
Z -J
0 u.J
U
V) ~
~ <(
u.J
'y, > 0-
0 LJ
~
>- u.J
u.J co
> V)
~ z
<( <(
:r: LJ
l'
'URv~ ''A"IA
ROAD
It, ~.,&'
A. I'.
L. &I.n'
'::UINE DA.TA
PITLf.l
(. ~CO'
A .1'"
L .10.7~'
:
CURvE DATA
PITGI-I
R. "00'
A.l.1'
L.' 1&6,0$ I
<:
r-
eo
:r:
X
u.J
l,
f
[
I'.
I
I.
[
I
l
~
~'1
! '
L
l
L
[
I
1.-
i\..,
i
C
,..
Fred H. Gansberg
Agreement
EXHlCIT B
WILDLIFE MANAGEMENT STRATEGIES
Grazing Control on Harvey Place Ranch
Livestock grazing on Harvey Place Ranch will be controlled
by STPUD with implementation of the proposed project. The area
is currently grazed from late April or early May to July in dry
years, and as late as September in wet years. Approximately 90
animal unit months (AUMs) of livestock are grazed on the Ranch
by the current owners. STPUD will take control of the grazing
operation prior to reservoir construction.
During the 2-year reservoir construction period, no live-
stock will be grazed on the property. The wet meadow area above
the proposed reservoir will not be irrigated. Follm.;ing com-
pletion of construction, the meadow will be renovated and
replanted and flood irrigation will resume. One year 0= recov-
ery will be allowed prior to reintroducing grazing.
STPUD will establish a lease contract with one of the local
ranchers to reintroduce grazing. STPUD will ove=see the opera-
tion and specify the time and amount of grazing allowed on the
Ranch. The goal of the post-construction grazing operation will
be primarily to control the growth of meadow grasses above the
reservoir. To achieve this, it is expected that grazing will
commence in late May and extend to July in dry years and Septem-
ber in wet years. Only 20 AUMs will be placed on the Ranch in
normal years. Fewer AUMs may be allm.;ed in dry years. The
grazing operation will be periodically monitored by STPUD field
personnel, and the condition of the meadow will be regularly
checked to ensure that overgrazing does not occur.
This management strategy is not expected to result in a
significant cost to STPUD. Several hours of staff time will be
needed each spring and summer to monitor the grazing operation,
but the lessee will be responsible for care of ~he livestock. A
small income will be realized through the grazing-lease (approx-
imately $10 per AUM per month) .
At the proposed 5-year management evaluation, the condition
of the wet meadow will be reviewed in terms of its habitat value
for the key species included in the HEP analysis~ If necessary,
adjustments in the grazing operation will be made ~t this time.
Removal of Overstory Trees in Pinyon Pine Stands
The Harvey Place Ranch supports approximately 300 acres of
a woodland type dominated by pinyon pine and Jef:rey pine with a
variable shrub understory of sagebrush and hi tterbrush. The
7
EXHIBIT R