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01-10-94 Special JointHI NUT E S JOINT SPECIAL MEETING BOARD OF DIRECTORS SOUTH TAHOE PUBLIC UTILITY DISTRICT AND BOARD OF DIRECTORS EL DO~ADO COUNTY WATER AGENCY JANUARY 10t 1994 The Board of Directors of the South Tahoe Public Utility District met in a Joint Special Meeting with the Board of Directors of the E1 Dorado Country Water Agency on January 10, 1994, 1:30 PM, in the E1 Dorado County Board of Supervisors Meeting Room, Building A - 330 Fair Lane, Placerville, California. 1:30 PM - Chairman Upton called the meeting to order on behalf of the E1 Dorado County Water Agency (Agency); President Wallace called the meeting to order on behalf of South Tahoe Public Utility District (District). BOARD OF DIRECTORS: District: President Wallace, Directors Mason, Jones, Strohm, Mosbacher Agency: Chairman Upton, Directors Bridle, Nutting, Nielsen, Center, STAFF: District: Baer, Mamath, Attorney Nelson Agency: Minton, Stutts, William Neasham/County Counsel GUESTS: Taylor Flynn/Mountain Democrat The Agency Board unanimously adopted the agenda; Moved Mason Second Strohm/Passed Unanimously to adopt the agency agenda. The two Boards separated and went to different rooms to discuss the law suit. CALL TO ORDER ROLL CALL AGENDA ADOPTION EXECUTIVE SESSION Pursuant to Government Code Section 54956.9/STPUD vs. E1 Dorado County Water Agency ST055575 JOl~ SPECI&L BO~D HEET~NG HINUTES - JANUARY ~0~ ~994 Paqe 2 2:15 PM - Jonas Minton, Agency General Manager, related the purpose of the joint meeting and introduced Bob Baer, District General Manager. District G.M. Baer made an oral presen- tation which included a brief summary of the District's water supply needs and responded to questions by Agency Board members. Agency G.M. Minton reviewed the proposed items of settlement of the case. District Director Strohm reviewed his perception of the recent negotiations and stated the Board was unanimous in their feelings about getting the issues resolved. District President Wallace reviewed the concerns of the District and asked Agency President Upton to review Item 4.a. Discussion ensued between members of both Boards on Items 1,2,3 & language changes in Item 4.a. Agency: Moved Center/Second Nuttinq for the package proposal of Items 1,2, & 3 with amended language in Item 4.a. Motion Withdrawn. Discussion continued on Item 4.b., 4.c., 4.d., and 4.e. Agency G.M. Minton com- mented on the changing roles of water needs and the need for assisting agencies on an ongoing basis which would include ongoing communication. Agency G.M. Minton was instructed to add an Item 4.f. to the Letter-of-Intent: District and Agency to meet jointly, as a minimum, on an annual basis. County Counsel Neasham noted Jerry Eames (litigant) was not present and had to be considered in the legal process. 4:05 PM - The Agency Board unan- imously voted to adjourn to Executive Session. Moved Strohm/Second Mason/Passed Unanimously to adjourn to Executive Session for discussion of Items 4.b.1. & 2. JOINT OPEN SESSION: STPUD vs. EL DORADO COUNTY WATER AGENCY MEETING ADJOURNED TO EXECUTIVE SESSION ST055576 JOINT SPECiaL BO~.D HEET~NG HINUTES - J~NU~Y L0~ 1994 P~GE 3 5:10 PM - Agency Director Upton stated they were ready to move ahead with the letter of intent and read aloud the new wording for Item 4.b.2. JOINT OPEN SESSION RESUMED District Director Mason questioned if the $200,000 was a grant ..... not to be repaid. Agency Director Upton answered it was a grant, money coming back to the District to be spent on water needs. District Directors expressed their con- cerns related to the Agency's future cost sharing policies and whether STPUD would realize an equitable distribution of Water Agency tax revenues. Agency Director Upton stated the Water Agency is trying to do business in a different way, but this was the most prudent offer which could be made at this time, with the information he had and in the time limitations he had. Agency Director Nielsen stated the offer was there and the District could review it as is, but they were not making further offers. County Counsel Neasham advised Agency Director Upton the motion should be as follows: Approve the Agency Manager's recommenda- tions 1. 2, 3, 4.a.(as amended by prior discussion of the Board), 4.b.l.(as stated), 4.b.2.(as set forth in the draft wording in this session) 4.coO,e, and additional 4.f., 4.g.-lanquage of stipulation be mutually acceptable o~ the counsel of both agencies, and 4.h. offer to remain open to January 19 (1994) at the time of the hearing of the motion before the court. Agency Director Upton questioned if they needed additional language to make clear the grant ($200,000) had no repayment provisions or no connection with past inequities or future equities. County Counsel Neasham responded this was on record and was not necessary. Agency Director Upton stated the above underlined wording was his motion/ Nutting Second/Passed Unanimously by the Agency Board of Directors. ST055577 JOINT SPECIAL BOARD N~ETING - J~NUARY 10, 1994 PAGE 4 District: Moved Strohm/Second Mason for STPUD to accept the letter of intent. JOINT OPEN SESSION (continued) After discussion the Motion was withdrawn. District: Moved Jones/Second Strohml Passed Unanimously to table (action un resolution of the lawsuit) for further discussion. Aqency: Moved Center/Second Nielsen/ Passed Unanimously to authorize (Agency) staff, in the case of acceptance of this by STPUD prior to the 19th, to issue a (joint) press release (with modifications). District: Moved Strohm/Second Mason/ Passed Unanimously to authorize (District) staff, in the case of accept- ance by STPUD prior to the 19th, to issue a (joint) press release (with modifications). 5:47 PM ADJOURNMENT DUAN~ WALLACE, PRESIDENT OF THE BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT PAT A. MAMATH, CLERK OF BOARD SOUTH TAHOE PUBLIC UTILITY DISTRICT ST055578