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02-23-87 AdjournedMINUTES ADJOURNED REGULAR MEETING OF THE BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT FEBRUARY 23, 1987 The Board of Directors of the South Tahoe Public Utility District met in an Adjourned Regular Meeting, February 23, 1987, 4:00 P.M. 1275 Meadow Crest Drive, South Tahoe Public Utility District offices. BOARD OF DIRECTORS: Chairman Wynn, Directors Madden, Olson, Jones, Mason STAFF: Cofer, Mamath, Fischer, Plasterer, G. Eppler, Attorney Weidman GUESTS: Melvin Schwake, Jr., Attorney Fulstone, Dan Hinrichs-ERM-West, Attorney Girard ROLL CALL PUBLIC HEARING - ALPINE COUNTY LAND ACQUISITION OPEN HEARING - 4:00 P.M. by Chairman Wynn STAFF REPORT - by Attorney Weidman who noted the changes in the Agree- ment due to concerns expressed by Mr. Schwake and his attorney, Ms. Fulstone. Mr. Weidman asked Attorney Girard to add to his comments. Mr. Girard stated the major changes in the Agreement addressed how the project was to operate in the "after condition" and commented on the just compen- sation aspects of the Agreement. Dan Hinrichs gave the Engineering review for the necessity of this Resolution. His discussion also reviewed the changes in the Res- olution since it was last presen- ted to the Board and noted the biggest change was in the descrip- tions of how the District expects the system to operate. He also conimented on water rights and historical practices. AMENDED RESOLUTION OF NECESSITY NO. 2428 - MELVIN SCHWAKE, JR. PROPERTY (Amending Resolution No. 2403) ADJOURNED REGULAR BOARD MEETING MINUTES - FEBRUARY 23, 1987 Paqe 2 PUBLIC COMMENT - by Attorney Fulstone who distributed written objections tO the Board. She addressed her client's 3 objections to the Resolution of Necessity and further explained the locations involved by use of a map. She mentioned the Agreement between the District and the Army Corps of Engineers as it related to the diversion structures. Mr. Schwake used the same map to explain his water sources, the present diversion boxes and the proposed diversion structures. Ms. Fulstone stated she and her client felt the water rights issue should be decided by the Federal Water Master rather than in the Condemnation Action. Mr. Girard responded to the comments by Attorney Fulstone on the Alpine decree and the Federal Court decree. Dan Hinrichs responded to the comments made regarding the path of the water as outlined by Ms. Fulstone and Mr. Schwake and stated there were many solutions which could be implemented for the water management. Attorney Weidman responded to Ms. Fulstone's comments on the Corps Agreement and said he felt the Resolution complied with the Corps Agreement. Mr. Girard stated the Federal Water Master could be called in to measure the water in the event a problem with allocation arose. Ms. Fulstone stated the essential problem was "use of the Harvey Channel". She made rebuttals to staff comments and stated the main reason they attended the meeting was to insure as little damage as possible to Mr. Schwake's property PUBLIC HEARING (continued) ADJOURNED REGULAR BOARD MEETING MINUTES - FEBRUARY 23, 1987 Page 3 including water rights and irrigation facilities. Director Mason asked if the Heise and Schwake water couldn't be separated in some way. Manager Cofer explained the difficulties involved in this solution with an additional explanation by Dan Hinrichs. Director Madden asked if the descrip- tion of the time of use of the Harvey Channel could be more explicit. Mr. Hinrichs stated it would not be possible to outline a scenario because there were too many things that could happen which are unpredictable. Chairman Wynn stated the Board had no desire to create new problems for the involved Alpine County property owners (Heise & Schwake). Attorney Weidman directed the Board's attention to the Resolution of Neces- sity, Harvey Diversion Structure Easement, Exhibit A, Pg. 2.1.A. Dis- cussion ensued re this issue. Ms. Fulstone said the next major issue was the description of the access road and its use for Gansberg cattle. She used a second map to clairfy her arguments. Gene Eppler explained the District's position in regards to the access road and Attorney Weidman stated the cattle had to go to the Harvey Place to comply with the HEP Plan. Mr. Schwake reviewed his concerns about the access road and its use by his neighbor, Mr. Gasnberg, to run cattle over to the Harvey Place. Ms. Fulstone said their next objection was the wording which restricted the use of the Schwake easement to "ag- ricultural'' and wanted the wording to indicate the Schwake use of the ease- ment was not limited. PUBLIC HEARING (continued) ADJOURNED REGULAR BOARD MEETING MINUTES - FEBRUARY 23, 1987 Page 4 Attorney Weidman, Manager Cofer and Dan Hinrichs responded to this argu- ment. The last issue Ms. Fulstone asked the Board to consider was the Diversion Structure Easement description. She felt it should be non-exclusive as opposed to exclusive. Attorney Weidman and Dan Hinrichs explained the District's position to the Board. Mr. Weidman stated they would review this point (the 2.66 acres outside the fence area) along with review of the channel. 4. CLOSE HEARING - Chairman Wynn closed the hearing at 5:45 P.M. for continuance to March 5, 1987. 5:45 P.M. 5:50 P.M. None 5:50 P.M. to continue hearing to the next Regular Board Meeting, March 5, 1987. PUBLIC HEARING (continued) ADJOURNMENT TO EXECUTIVE SESSION: U.S. DISTRICT COURT-EASTERN DIS- TRICT OF CALIFORNIA SIV-S-87-0039- RAR-JFM - South Tahoe Public Utility District vs Melvin Schwake, Jr. RECONVENE TO REGULAR SESSION ACTION ON ITEMS FROM EXECUTIVE SESSION ADJOURNMENT ATTEST: JOH~\WYNN, ~~ OF BOARD SOU~ TAHOE PUBLIC UTILITY DISTRICT PAT A. MAMATH, ~LERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISRICT