01-10-86 AdjournedMINUTES
ADJOURNED SPECIAL MEETING OF THE BOARD OF DIRECTORS
SOUTH TAHOE PUBLIC UTILITY DISTRICT
JANUARY 10, 1986
The Board of Directors of the South Tahoe Public Utility District met
in an Adjourned Special session, January 10, 1986, E1 Dorado County
Superior Court, 1354 Johnson Boulevard, 10:00 A.M.
BOARD OF DIRECTORS: Acting Chairman
Mason, Directors Olson and Jones.
ROLL CALL
STAFF: Manager Cofer, Attorney Weidman
OTHERS: Knox Johnson, William Johnson,
Melvin Springmeyer-Attorney-in-Fact for
Marjorie Springmeyer, Attorney Timothy
Pemberton-representing Marjorie Spring-
meyer, Jerilyn Paik-attorney for Dist-
rict, Melvin Beverly-Selling Officer.
Knox Johnson, Bill Johnson, and Timothy
Pemberton, on behalf of Marjorie Spring-
meyer, requested the District add to its
installment offer ten preferential sewer
units for the remaining Johnson property
and that the District return all profits
from the sale of any property purchased
at this proceeding. The Johnson's in-
terests also requested that the property
purchased be named Marjorie Anne Johnson
Springmeyer Park. No agreement was
reached.
NEGOTIATIONS PRIOR TO COURT
HEARING
(Johnson/Springmeyer Property
Adjacent to Treatment Plant)
Attorney Weidman and all Directors in-
dividually advised Knox Johnson, Bill
Johnson, Melvin Springmeyer, and Attorney
Pemberton, on behalf of Marjorie Spring-
meyer, that there would be no warranty or
guarantee that any interest income on un-
paid principal would be tax exempt.
Attorney Weidman left the meeting tem-
porarily and reported back shortly there-
after as follows:
1. That he had called the District
bond counsel and had been advised since
the District had taken the first official
step contemplating eminent domain proceed-
ings, it was the preliminary opinion of
the bond counsel that the interest income
to the Johnsons and Marjorie Springmeyer
would not be tax exempt.
ADJOURNED SPECIAL BOARD MEETING MINUTES - JANUARY 10, 1986 Page 2
2. Attorney Weidman reminded the
Johnsons that they had requested the
District initiate condemnation pro-
ceedings and the District had officially
complied with this request on 1/9/86 at
a Special Board Meeting.
In response, Knox Johnson responded that
he had the matter reviewed by his con-
sultant and the fact that the District had
instituted eminent domain proceedings would
not render the interest income taxable if
the terms of the sale were negotiated.
Mr. Weidman responded that in view of the
tentative opinion of the District's bond
counsel, the District did not agree with
such a conclusion and hence, could not
warrant or guarantee that the interest
income would be tax exempt to the Johnsons
and Marjorie Springmeyer.
Knox Johnson responded he would take the
risk that the interest income would be
tax exempt. Bill Johnson, Melvin
Springmeyer, and Attorney Pemberton on
behalf of M. Springmeyer, concurred in
this statement.
The Board of Directors did, however,
authorize its attorneys to modify the of-
fer previously authorized at its special
meeting of January 9, 1986, providing the
Johnsons and Marjorie Springmeyer would
accept the offer as modified. The changed
or modified terms so conditionally author-
ized were:
(1) That the property purchased by
the District be named Marjorie Anne
Johnson Springmeyer Park instead of the
previously authorized name;
(2) That the District sign and main-
tain, at its expense in an appropriate
place on said property, the name Marjorie
Anne Johnson Springmeyer Park;
(3) That with respect to the large
98 acre parcel of property subject of the
District's offer, if the District sold that
property or any portion thereof for
$350,000.00 for the entire parcel, or pro
rata for a lesser acreage, it would return
the excess to the Johnsons and Marjorie
Springmeyer;
NEGOTIATIONS PRIOR TO COURT
HEARING (continued)
ADJOURNED SPECIAL BOARD MEETING MINUTES - JANUARY 10, 1986 Page 3
(4) That the District would pay all
of the closing costs, including escrow
fees, title insurance, and documentary
transfer tax;
(5) That all rights to further hear-
ings and appeal be waived.
All of the owners did not accept the
District's offer of Janaury 9, 1986 as
modified by the terms set forth above.
The District filed its offer authorized
by the Board of Directors on January 9,
1986. The Court confirmed the sale
based on this offer.
The Johnsons and Tim Pemberton, acting
for Marjorie Springmeyer, then offered
in open Court to stipulate that the
terms of sale be amended in accordance
with the District's modified offer set
forth above, specifically agreeing that
the Order confirming the sale, as agreed
and amended, would be final when signed
and entered, and the Johnsons and Tim
Pemberton, acting for Marjorie Spring-
meyer, waived all rights to further
hearings and appeals.
Melvin Springmeyer presented to the
Court a power of attorney to act on
behalf of Marjorie Springmeyer. The
agreement and stipulation amending the
confirmed sale was read in full in open
Court to all of the parties, Knox Johnson,
Bill Johnson, Melvin Springmeyer, as
attorney-in-fact for Marjorie Springmeyer,
Attorney Timothy Pemberton, representing
Marjorie Springmeyer, and the attorneys
for the District. The attorneys for the
District agreed to the amendment of the
sale. Melvin Springmeyer, on behalf of
Marjorie Springmeyer, Bill Johnson, Knox
Johnson and Attorney Timothy Pemberton,
on behalf of Marjorie Springmeyer, agreed
to the amendments to the sale as read to
the Court as a stipulation and further,
each individually agreed that it was in
their respective best interest and ben-
efit.
NEGOTIATIONS PRIOR TO COURT
HEARING (continued)
COURT PROCEEDINGS: EL DORADO
COUNTY SUPERIOR COURTROOM OF
JUDGE TERRENCE M. FINNEY
ADJOURNED SPECIAL BOARD MEETING MINUTES - JANUARY 10, 1986 Page 4
COURT ADJOURNED AND SPECIAL
MEETING ADJOURNED
ROBERT MASON, ACTING PRESIDENT OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
ATTEST:
PAT A. MAMATH, CLERK OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
NOTI CE OF ADJOURNMENT
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN THAT THE SP, ECZAL MEETING Of THE
BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT,
HELD ON THE 9th DAY OF
AT 1275 Meadow Crest Drive
BOARD OF DIRECTORS TO THE
AT 10;00 ~M,, MEETING AT:
January, 1986 1:00 P,M,
WAS ADJOURNED BY ORDER OF THE
10th DAY OF january, 1986
E1 Dorado County Superior Court
_~_7_Johnson Boulevard, South Lake Tahoe, California
PAT A, MAMATH, CLERK OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
DATED:_. January 9, 1986
CONFIDENTIAL.DOCUMENT - EXEMPT FROM DISCLOSURE PURSUANT TO GOVERNMENT
CODE 6254.1 and 54956.9
CLOSED SESSION MEMORANDUM
(Government Code Section 54956.9)
TO:
FROM:
SUBJECT:
BOARD OF DIRECTORS
South Tahoe Public Utility District
LEGAL COUNSEL
REASONS AND LEGAL AUTHORITY FOR CLOSED SESSION
OF THE BOARD OF DIRECTORS ON ~January 9~..,1986
RELATING TO PENDING LITIGATION --
On the above-referenced date, the Board of Directors of the South
Tahoe Public Utility District will hold/held a closed session for
the purpose of conferring with, and/or receiving advice from its
legal counsel regarding:
/~/ litigation which has been initiated formally and to which
the District is a party. The title of said litigation is
Johnson vs. ~prin.gmeyer
Said closed session is held pursuant to the authority of
Section 54956.9 (a) of the Government Code of the State
of California.
/ / a significant exposure to litigation against the District.
Said closed session is held pursuant to the authority of
Section 54956.9 (b) (1) of the Government Code of the State
of California.
./ / a significant exposure to litigation against the District.
Said closed session is held pursuant to the authority of
Section 54956.9 (b) (1) of the Government Code of the State
of California and is based upon the following existing facts
and circumstances:
/, /
a meeting by the Board only to decide whether a closed session
is authorized pursuant to Government Code Section 54956.9
(b) (1). Said closed session is held pursuant to the authority
of Section 54956.9 (b) (2) of the Government Code of the State
of California and is based upon the following existing facts
and circumstances:
the Board's decision to initiate or whether to initiate
litigation. Said closed session is held pursuant to the
authority of Section 54956.9 (c) of the Government Code
of the State of California and is based upon the following
facts and circumstances:
Respectfully submitted,
Dated:
~eg~l Counsel
Submission deadline: One week after closed session.
-"P. o .--"~,:,'¢ '7 ol
NOT I CE OF ADJOURNMENT
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN THAT THE SPECIAL] MEETING OF THE
BOARD OF DIRECTORS OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICTj
HELD ON THE 9th DAY OF
AT 1.275 Meadow Crest Drive
BOARD OF DIRECTORS TO THE
AT 10:00 AM,j MEETING AT:
January, 1986 1:00 P,M.
WAS ADJOURNED BY ORDER OF THE
10th DAY OF JanUary, 1986
E1 Dorado County Superior Court
_3~.7 J__o. hnson Boulevar_d, South Lake Tahoe, California
PAT A, MAMATH~ CLERK OF BOARD
SOUTH TAHOE PUBLIC UTILITY DISTRICT
DATED:,, January 9, 1986
2
3
4
6
7
8
9
12
].3
].4
].5
].6
17
18
2O
2].
22
23
24
25
26
,JOHN C. WEIDMAN
PLACERVILLF., CA
622-15260
RESOLUTION NO. 2376
A RESOLUTION OF THE SOUTH TAHOE PUBLIC UTILITY
DISTRICT SETTING DATE FOR HEARING ON INTENTION
TO ADOPT A RESOLUTION OF NECESSITY TO AUTHORIZE
FILING OF EMINENT DOMAIN PROCEEDINGS
TREATMENT PLANT
BE IT RESO~¥ED by the Board of Directors of South Tahoe '
as follows:
1. The Board o£ Directors hereby sets a hearing for
4:30 P.M. on February 20, 1986 at the Board Meeting Room at the
City of South Lake Tahoe Services Center, City Council Chambers,
1900 Lake Tahoe Boulevard, South Lake Tahoe, California, by South
Taho~s Public Utility District, 1275 Meadow Crest Drive, P. O. Box AU.~
South Lake Tahoe, California, 95705, to acquire property described
in Exhibit A, attached hereto and made a part hereof, necessary for
its Treatment Plant rehabilitation, future treatment plant expansion,
treatment plant buffer zone, and future treatment plant appurtenant
facilities.
2. The Board of Directors will specifically hear the
following matters at said hearing:
A. Public interest and necessity requiring the
Treatment Plant rehabilitation, future treatment plant expansion,
treatment plant buffer zone, and future treatment plant appurtenant
facilities for the purpose of providing sewage treatment to the
District inhabitants.
Be
Whether the Treatment Plant rehabilitation,
!
2
3
4
5
7
8
9
].0
12
13
14
].5
16
].7
].8
].9
2O
21
22
23
24
25
/
26
JOHN C. WEIDMAN
PLACERVILLI=' CA 95667
e22-526o
future treatment plant expansion, treatment plant buffer zone, and
future treatment plant appurtenant facilities are planned or located
in the manner that will be most compatible with the greatest public
good and the least private injury.
. C. The property so described in Exhibit A sought
to be acquired is necessary for the Treatment plant rehabilitation,
future treatment plant expansion, treatment plant buffer zone, and
future treatment plant appurtenant facilities.
3. The Board of Directors directs notice of the
hearing to be mailed to the record owners as their name or names and
address or addresses appear on the last equalized County assessment
roll as owning the property, or an interest therein, which the Board
of Directors intends to acquire by said eminant domain proceedings,
and the Court appointed Selling Officer, which property is described
in said Exhibit A, 15 days prior to said hearing or by personal
service prior to said hearing giving said owner or owners reasonable
opportunity to appear and be heard.
PASSED AND ADOPTED by the Board of Directors of South Tahoe
Public Utility District at a duly held special meeting on January 9,
1986 by the following vote:
AYES:
NOES: None
ABSENT: Director Madden
Directors Wynn, Mason, Jones, and Olson
ATTEST:
A. MAMATH, ClerK-
South Tahoe Public Utility District
Sout !oe Public'Utility District
· ?kC-E ~O. 5
ORDER NO. 145472 JP/PJM
DESCRIPTION
All that certain real property situated in the City of South Lake
Tahoe, County of E1 Dorado, State of California, more
particularly described as follows:
All those portions of Lots 7, 8 and '9 in Section 2, and those
portion of Lots 10, 11 and 12 in Section 3, Township 12 North,
Range 18 East, M.D.B.& M., more particularly described as
follows:
BEGINNING at the Southeast corner of ~_ADOW HEIGHTS SUBDIVISION,
as shown on the official map thereof filed March 16, 1955 in the
office of the County Recorder of said County, in Book "B" of
Maps, at page 54; %~H~-TqCE along the Easterly boundary line of said
Subdivision, the following courses and distances: North 01° 46'
45" East (recorded 0-!°
North 22' EaSt) 126.80 feet, South 89° 27'
45" West (recorded South 89° 03' West) 3J.10 feet, North 71° 14'
15" West& 112.83 feet (recorde~ North 71~ 40' West !12~.80 feet),
North 75v 37' 29" West 72.68 feet (recorded North 76~ 02' West
72.50 feet) North 69 27' 10 West 1~7.00 feet (recorded North
69° 52' We_st 117.~5 fee_t), North 61° 20' 30" West ~[~ ~4 ~eet
(record.ed North 61 44' 30" West 9~.!5 feet), North 4~'~_4'-1~''
West 229.65 feet (recorded North 46 39' West 229.ml feet) North
35° 05' 45" West 274.38 feet (recorded North 356 30' 3~" West
274.59 feet), North 11° 06' 45" West 444.45 feet (recorded North
11° 31' 30" West 444.80 feet) and North 04° 49' 15" West 497.62
feet (recorded North 05° 14' ~st 498.01 feet) to an angle point
on the Easterly line of Lot 7 of said Subdivision, be_lng a point
in the South line of that certain parcel conveyed to South Tahce_
Public Utility District by Deed recorded March 22, 1960, in Book
502, Page 70 of Official Records; thence leaving said Subdivision
and along the South line of last said ~arcel, North 89° 22' 17"
East, 465.62 feet (record cites: North'88O 58' 15" East, 465.25
feet) to the Southeast corner, of said parcel; thence along t_he
East line of said parcel6 North 00° 43' 33" West, 1040.90 feet
(record cites: North 01 06' 16" West 1041.02 feet) to the
Northeast corner of said parcel, be_ing a point in the North line
of Lot. !1 of said Section 3; thence along the North line of said
parcel, being the North line of said Lot 11, South 89° 21' 13"
West (record cites: South 88° 58' 15" West), 605.66 feet to a
point in the Southeast boundary of that certain parcel as
to the State of California and described in Book 924 at page 73,
Official Records of E1 Dorado County; thence along said Southeast
boundary North 42° 21' 08" East 321.33 feet (recorded North 41°
05' 57" East 319.26 feet); thence North 49° 50' 15" F~=st 473.93
feet to the begir~ning of a non-tangent curve to the right with a
radius of 2000 feet =_nd a c~ntral angle ~= 10° 48'
'~ 13"; ~nen~
along said curve an arc length of 377.12 feet, the chord of said
curve bears North 54° 47' 12" East 376.56 feet; thence North 66°
46' 16" East 340.32 feet; thence South 63° 31' 28" East 134.98
feet to a point on the Southwesterly right-of-way line of A1
T~hoe Boulevard as described in Book 792 at page 194, Official
Records of E1 Dorado County; thence along said right-of-way South
40° 43' 16" East 2075.17 feet (recorded South 40° 40' 31" East
!
2
3
4
5
7
8
9
~0
~.2
~3
~5
]6
~7
18
~9
20
2]
22
23
24
25
26
JOHN C. WEIDMAN
ATTORNEY AT LAW
PLACERVILLE. CA 95667
622-5260
I hereby certify that the foregoing is a full, true, and
correct copy of Resolution No. 2376, duly and regularly adopted by
the Board of Directors of the South Tahoe Public Utility District,
E1 Dorado County, California, on January 9, 1986.
PAT A. MAMATH, Clerk
South Tahoe Public Utility Distric
- 3 -