Resolution 2744-02
\.,
\.,
\,
RESOLUTION NO. 2744-02
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
CLARIFYING THE BOARD OF DIRECTORS' FINDINGS
RELATED TO ADOPTION OF A NEGATIVE DECLARATION
OF ENVIRONMENTAL IMPACT FOR ACQUISmON OF PROPERTY
AS ORDERED BY THE ALPINE SUPERIOR COURT
WHEREAS, the District is pursuing the acquisition of certain property generally
described as approximately 1,442.92 acres located on Diamond Valley Road in north eastern
Alpine County, California, and more particularly described in the map and legal description
attached as Exhibit A and incorporated by this reference (property);
WHEREAS, the District determined that acquisition of the Property was a project under
the California Environmental Quality Act (CEQA) and prepared an initial study ("Initial Study")
to evaluate the potential environmental effects associated with the Property acquisition;
WHEREAS, the Initial Study indicated that the Property acquisition would not create a
significant effect on the environment and therefore the District prepared and circulated a negative
declaration (Negative Declaration) for public review and comment;
WHEREAS, the Board of Directors are very familiar with the respective locations and
sizes of the Property, property owned by the Alpine County School District (School Property),
and surrounding properties for numerous reasons including, but not limited to:
a. The District's operations in Alpine County have extended over several decades that has
developed into a good working relationship with Alpine County and several ranchers in Alpine
County that receive recycled water for application on their lands, resulting in a good
understanding of property locations and sizes and geography in the vicinity of the District's
facilities;
b. The active participation of the Board members in the development of the Master Plan
for Recycled Water Facilities (Master Plan) which involved numerous meetings, workshops,
studies, presentations, maps and reports;
c. The extensive real property negotiations regarding the proposed Property acquisition
with F. Heise Land and Live Stock Company, Inc. (Heise), prior to consideration of the Negative
Declaration which has involved numerous maps, photographs, reports, meetings, presentations, all
of which were conducted in closed session pursuant to the Brown Act;
d. The appraisal of the Property which included a detailed map of the Property and
surrounding properties, including the location of the School Property;
-1-
\."
\.,
"
RESOLUTION NO. 2744-02
e. The selection, retention, and interface of the environmental consultant, Parsons, to
prepare the Initial Study and the Master Plan environmental review including, but not limited to
maps, photographs, reports, presentations and meetings;
f The selection, retention and interface with Kennedy/Jenks consultants to evaluate
properties for acquisition by the District and Development of the Master Plan including, but not
limited to maps, photographs, studies, reports, meetings and presentations;
g. The visits arranged by District staff to view Alpine County with respect to the
District's existing operations and facilities and relationship to surrounding properties and uses;
and,
h. The Board of Directors' individual knowledge and experience gained from living in the
Tahoe area and familiarity with being in Alpine County on numerous occasions.
WHEREAS, the Board of Directors reviewed the Initial Study, including a color copy of
the map depicted as figure 2, prior to November 1, 2001, which depicted the location of the
Property in Alpine County as understood by the Board of Directors;
WHEREAS, the District held a regular public Board of Directors' meeting on November
1,2001 (Public Meeting) one item of which was to consider adoption of the Negative Declaration
for acquisition of the Property;
WHEREAS, all five (5) members of the Board of Directors were present for the Public
Meeting and, except that Director Strohm abstained from participating in the Public Meeting due
to a potential conflict of interest, voted for adoption of the Negative Declaration. Director
Becker has since replaced Director Strohm after the last election of the Board of Directors in
which Director Strohm did not seek re-election;
WHEREAS, at the Public Meeting, the Board of Directors received evidence concerning
the relative locations of the Property, School Property and the surrounding properties (as
documented by the transcript of the Public Meeting), which included the following:
a. A map drawn by Mr. Robertson on the "white board" that inaccurately depicted
the relative locations of the Property, School Property and surrounding properties by which Mr.
Robertson attempted to show that there were no available adjacent properties suitable for
expansion of the School District facilities. The drawing was inaccurate in that the Property was
drawn adjacent to the School Property, omitted properties held in private ownership adjacent the
School Property and erroneously referenced properties adjacent to the School Property as being
owned by "a state entity or another public entity" such that the School District could not acquire
any property by condemnation;
-2-
\."
\.,
~
RESOLUTION NO. 2744-02
b. Leonard Tumbeaugh, Director of Public Works for Alpine County, revised the
map drawn by Mr. Robertson to correctly depict the relative locations of the Property, School
Property and surrounding properties, including; the locations of Diamond Valley Road and
Hawkside Road; the location and size of the School Property (10 acres); and, the location of
properties adjacent to the School Property including one property to the west in private
ownership (approx. 8 acres), Schwake property (now owned by the District), property owned by
Cal Abel, a four unit subdivision located across Diamond Valley Road from the School and
property owned by John Ellis; and
c. Matt Setty, Kennedy/Jenks Consultants, provided supplemental information read
directly off the Alpine County Assessor's Parcel Plats that further clarified the information
provided by Mr. Tumbeaugh, that the School Property was not landlocked since Mr. Abel's
property is located directly east of the School Property (50 acres), Mr. Bradshaw's property is
located north of the School Property (8 acres), and the property located to the west of the School
Property is in private ownership (8 acres).
WHEREAS, the District's Board of Directors adopted the Negative Declaration of
environmental impact for acquisition of the Property pursuant to Resolution No. 2726-01 after
consideration of the Initial Study, two (2) letters submitted addressing the Initial Study, responses
to such letters and other evidence and testimony submitted at the Public Meeting;
WHEREAS, Heise filed a Writ of Mandate action in Alpine County Superior Court, Case
No. C18644, claiming that the District failed to comply with CEQA for the District's proposed
acquisition of the Property;
WHEREAS, on June 10, 2002, the Alpine Superior Court (Court) held a hearing on the
Writ of Mandate during which the Court continued the hearing and ordered the District's Board
of Directors to take such action as it deems necessary or appropriate to clarifY the Board of
Director's findings regarding the respective locations and sizes of the Property, School Property
and other properties in private ownership located in the vicinity of the Property and the School
Property;
WHEREAS, the purpose of this resolution is to clarifY the Board of Director's findings
for the Court with respect to the respective locations and sizes of the Property, School Property
and surrounding properties at the time the Board of Directors adopted the Negative Declaration
and is not intended to supplement or amend the administrative record concerning adoption of the
Negative Declaration for acquisition of the Property.
NOW THEREFORE, be it resolved that the Board of Director's clarifies its findings
contained in Resolution No. 2726-02 as follows:
-3-
,
\...,
RESOLUTION NO. 2744-02
The Board of Directors fully understood the respective locations and sizes of the Property
and the School Property and that there were several properties held in private ownership
immediately adjacent to the School Property that were available for acquisition by the School
District in the event it desired to expand it facilities.
WE, THE UNDERSIGNED, do hereby certify that the above and foregoing resolution
was duly and regularly adopted and passed by the Board of the Directors of South Tahoe Public
Utility District at a regular meeting duly held on the 3rd day of July, 2002, by the following vote:
Duane Wallace, Director
YEA: X
NAY:_ ABSENT:_
Cathie Becker, Director
YEA:
NAY:_ ABSENT:~
Mary Lou Mosbacher, Director YEA: X NAY: - ABSENT: -
\., James R. Jones, Director YEA: X NAY: - ABSENT: -
Eric W. Schafer, Director YEA: X NAY: - ABSENT: -
-DuuA 0)~_
Duane Wallace, President
ATTEST:
~'
Kathy Sh
Executive
\y
-4-