HomeMy WebLinkAboutGeneral Fund TRUCKEE-DONNER PUBLIr 11TT TY DISTRICT
BALANCE SHEET
NOVEMBER 30, 1977
ASSETS MARGINS AND LIABILITIES
Facilities, Buildings , Land: Margins:
Plant in Service Operating margins - Cumulative 1 ,003,099
Electric plant 2,163,784 since 1927
Water plant 932,463 Other equities - Profit on sale 600,108
General plant 347 ,655 of non-utility property
Less accumulated depreciation (1 ,767,824) Year to date margins 239 ,415
Net Plant in Service 1 ,676,078 Total Margins 1 ,842,622
Construction work in progress 46 ,762
Acquired plant 4,129 Long-Term Debt:
Net Utility Plant 1 ,726 ,969 REA bonds payable 367,573
Note payable to Sierra Pacific 74,055
Power Company 15797
Real Property - PUD House, 24,925 Sewer assessments payable 26,
Land not in use Other - Computer loan, truck loan 26 ,954
954
Total Long-Term Debt 484,379
Restricted Funds 365,894
Current Liabilities :
Current Assets: Accounts payable 274,812
Cash 412,330 Consumer deposits payable 27,850
Notes receivable - Van Wetter 11500 Accrued liabilities - Payroll taxes ,
68
Accounts receivable - Electric 170,061 interest on notes
and water usage,billings Total Current Liabilities 329,530
Accounts receivable, Other - Line 46,228
extensions , connection fees , misc.
Materials and supplies 197,085 Customer Advances For Specific Improve- 295 ,450
Other current assets - Insurance 6,989 ments to System (Restricted Funds)
prepmt, interest receivable, future
line extension costs
Total Carrent Assets 834,193
TOTAL ASSETS 2,951 ,981 TOTAL MARGINS AND LIABILITIES 2,951 ,981
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TRUCKEE DONNER PUBLIC UTILITY DISTRICT
STATEM" 1EVENUES AND EXPENSES
For the month of and r,,ypn months ended November. 1977
ELECTRIC DEPARTMENT WATER DEPARTMENT ELECTRIC AND WATER TOTAL
Month Year to Date
Current Month Year to Date Current Month Year to Date Current M o
1976 1977 1977 1976 1977 1977 1977 1976 1977
Net Revenues 144,972 181 ,650 1 ,871,255 14,790 20,671 216,646 202,321 1 ,925,431 2,093,901
Purchased Power 120,989 128,926 1 ,249,407 - - - 128,926 1 ,238,116 1.,249,407
Operating Expenses 6,618 5,530 55,304 5,504 7,902 80,685 13,432 115,027 135,989
Maintenance Expenses 3,736 4,053 42,796 1 ,365 1 ,970 32,142 6,023 54,812 74,938
Customer Accounts Expenses - 6,785 9,730 77,750 1 ,729 2,978 18,715 12,708 88,719 96,465
Meter reading, billing, customer
services
General and Administrative Expenses 9,217 7,482 80,499 3,950 3,207 35,177 10,689 86,074 115,676
Outside Services 8,434 1 ,169 54,699. 6,778 3,728 25,254 4,897 112,066 79,953
Depreciation 6,855 7,007 76,365 2,548 2,589 28,429 9,596 102,873 104,794
Interest Expense on Loans 1 ,142 2,264 12,284 39 ( 617) 2,178 1 ,647 22,568 14,462
Unallocated Overhead ( 1 ,930) ( 1,091) ( 7,946) - - - ( 1,091) 3,712 ( 7,940
Total Operating Expenses 161 ,846 165,070 1 ,641 ,158 21 ,913 21,757 222,580 186,827 1 ,823,967 1 ,863,738
Total Operating Margins ( 16,874) 16,580 236,097 ( 7,123) ( 1 ,086) ( 5,934) 15,494 101 ,464 230,163
Other Income and Expenses - - - - - - ( 11589) 12,961 9,252
Net Margins - - - - - - 13,905 114,425 239,415
() Indicates loss in margins
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
POST OFFICE BOX 309
TRUCKEE, CAUIFORNIA 95734
TELEPHONE 587-3896
February 17, 1978
MANAGER'S REPORT
1 . STATUS OF CUSTOMER REFUNDS DUE TO SIERRA PACIFIC REBATE
The District is still waiting for the computer programmer to
deliver the programs necessary to make the rebate. The programmer has in-
dicated that there is some difficulty debugging the program and have asked
that the District be patient. Otherwise, we are ready to start processing.
2. STATUS OF SPECIAL MAILING TO CUSTOMERS RE RESIDENTIAL ELECTRIC RATE CHANGES
The special mailing to customers regarding residential electric
rate changes is presently being processed.
3. STATUS OF 1978 BUDGET
The Budget Committee met on February 7, 1978, and staff members
met again on February 15th in a continued effort to finalize the budget. We
hope to have the budget completed by March 1 , 1978-
4. STATUS OF INSURANCE NEGOTIATIONS
There have been no new developments respecting insurance negotia-
tions since the last report.
5. REPORT REGARDING RECENT FLUCTUATIONS IN SIERRA PACIFIC POWER COMPANY'S FUEL
CHARGE
Between October of 1976 and October of 1977 Sierra Pacific Power
held the fuel charge rate constant at 1 .284C per kilowatt-hour for electricity
sold to the TDPUD.
Starting with November usage, the fuel charge has fluctuated each
month. For example, in November it was 1 .282C per kilowatt-hour, for December
it was 1 . 18E per kilowatt-hour, and for January, 1 .395C per kilowatt-hour.
What this means to our customers is that bills they receive in
February show a reduction in the fuel charge and bills they receive in March
will show a considerable increase in the fuel charge. The fuel charge for
February billings will be 1 .26C per kilowatt-hour; for March, 1 .5C per kilo-
watt-hour.
No explanation has been given by Sierra Pacific for the wide fluctua-
tion in the fuel charge. An attempt will be made to schedule a meeting with them
to determine the cause for the fluctuations and to obtain a feeling as to what is
likely to happen to the fuel charge in the balance of the year.
It is interesting to note that the fuel charge assessed for usage
in January, when added to the base fuel cost per kilowatt-hour and adjusted for
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MANAGER' s REPORT
February 17, 1978
line losses, is considerably higher than the fuel charge assessed to Sierra
Pacific's retail California customers under like conditions.
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TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
POST OFFICE BOX 309
TRUCKEE, CALIFORNIA 95734
TELEPHONE 587-3896
REGULAR MEETING
February 21 , 1978
AGENDA ITEM #5, Unfinished Business
i^ MANAGER'S REPORT RE OUTSTANDING "WILL SERVE" LETTERS;
A review of the Will Serve file has been made and no outstanding,
active applications for will serve letters, other than one by Albert Day and
C. S. Beavers for an 80-acre parcel that is outside the District, are pending.
Regarding letters that have been issued, aside from Gateway Estates
and Northrup Construction, all have expired for lack of approval on the part of
the County.
The District does anticipate another request for a 15 duplex
development on Palisades Drive. From what is known about the project, there
will be no difficulty in issuing the letter to the developer.
ORDINANCE NO. 7802
OF
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
CHANGING COMMERCIAL ELECTRIC RATES
BE IT ENACTED by the Board of Directors of the
Truckee-Donner Public Utility District, as follows:
Effective with the effective date of this Ordinance,
all portions of prior Ordinances and/or Resolutions that are
inconsistent with the provisions of this Ordinance are
hereby repealed.
BE IT FURTHER ENACTED that the electric rates for
small general service commercial customers shall be known
as Schedule GS-1 and shall be as follows :
Energy Charge
$6 . 00 per month for the first 100 kwhrs, or
less, and all kwhrs thereafter shall be billed
at the rate of $0 .035 .
Minimum Charge
The minimum charge for service hereunder
shall be the energy charge plus $1 .00 per
kilowatt of total connected load in excess of
seven kilowatts. For the purposes hereof a
horsepower will be considered as equivalent
to a kilowatt.
BE IT FURTHER ENACTED that the following electric
rates shall be charged to all large general service customers,
the distinction between the former GS-2 and GS-3 schedules
being hereby established as Schedule GS-2 :
Applicability
To general service requirements within the
District, including power and lighting taken at one
point of delivery with more than 30 kilowatt of
demand.
Character of Service
Sixty-hertz alternating current. The District
reserves the right to specify the voltage and phase
of service supplied under this schedule_
Monthly Rate
A. Connected Load, 600 kVa or less :
Demand Charge: $2 . 75 per kW of Billing
Demand but not less than $82 .50
Energy Charge:
First 12,000 kWh at 2 .20 per kWh
over 12 , 000 kWh at 1 .40 per kWh
B. Connected Load, greater than 600 kVa:
Customer Charge: $225 .00 per bill
Demand Charge: $2 .40 per kW of Billing Demand
but not less than $1,440 .00
1.
.m?Yo'7
Energy Charge: 1 .184per kWh
Minimum Charge, the greater of:
1. The current Demand Charge;
2 . 50% of the highest Demand Charge established
in the preceding eleven months .
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For sprinkler and irrigation systems, the Minimum
Charge will be waived on condition that pumping
is limited to off-peak hours (10 :00 A.M. to
5 :00 P.M_ and 10: 00 P.M. to 6 :00 A.M_ ) .
Measured Demand
The maximum measured 15-minute average kilowatt
load during the billing period. If, at the discretion
of the District, the customer 's usage is intermittent
or highly fluctuating, then a shorter time interval may
be used.
Billing Demand
The greater of:
1. Current period' s measured demand;
2 . 50% of the highest Billing Demand
established during the preceding eleven months; or
3. 50% of the contract demand.
Primary Service Discount
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If, at the discretion of the District, service
is supplied at the primary voltage available, the Demand
and Energy charges of the applicable rate above shall
be reduced by 2-1/2% .
Primary Metering Discount
If, at the discretion of the District, service
is metered at the primary voltage available, the Demand
and Energy charges of the applicable rate above shall
be reduced by 2-1/2% .
Power Factor Adjustment
For customers whose monthly Measured Demand exceeds
400 kW, the District, at its discretion, may adjust the
demand to correct for average power factors above or
below 80% . Such adjustments will be made by increasing
or decreasing the Measured Demand .15% for each 1% or
major fraction thereof by which the average power factor
is greater or less than 80% lagging.
Fuel Clause Adjustment
Bills computed in accordance with the foregoing
rates and charges are subject to adjustment for charges
in the cost of fuel pursuant to Schedule FCA.
Terms of Agreement
A contract will be required as a condition of
service for not less than three years.
Terms of Service
Service under this schedule is subject to the
District' s Rules and Regulations for electric service.
2.
CERTIFICATE OF POSTING
ORDINANCE 7802
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TRUCKEE DONNER PUBLIC UTILITY DISTRICT
CHANGING COMMERCIAL ELECTRIC RATES
STATE OF CALIFORNIA )
County of Nevada )
The undersigned, Susan M. Craig, under penalty of perjury, certifies
as follows:
That for and on behalf of the Secretary of the Truckee-Donner Public
Utility District, I caused copies of Ordinance No. 7802, an Ordinance
changing commercial electric rates, adopted by the Board of Directors of
said District on February 21 , 1978, to be posted within thirty (30) days
�-► following adoption in four public places within said District, to wit:
1 . Truckee Donner Public Utility District Office
2. Nevada County Government Center
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3. Nevada County Library
4. United States Postal Service Office
Said posting was completed on the 7th day of March, 1978.
Executed on the 7th day of March, 1978.
Susan M. Craig
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BE IT FURTHER ENACTED that the fuel clause adjust-
ment as adopted in Ordinance 7702 on April 5 , 1977 , shall
hereafter be added to and included in the monthly charge on
all billings and shall not be stated therein as a separate
item.
This Ordinance shall become effective thirty (30)
days from the date of adoption. The clerk of the District
shall immediately cause a copy of this Ordinance to be published
once in the local newspaper and copies shall be posted in at
least three (3) public places within the District.
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PASSED AND ADOPTED by the Board of Directors of
the Truckee-Donner Public Utility District at a regular
meeting thereof duly called and held in the District on the
21st day of February, 1978 , by the following roll call vote:
AYES: R. HUBER, K. KUTTEL, J. MAASS
I
NOES: NONE
ABSENT: P. SUTTON
TRUCKEE-DONNER PUBLIC UTILITY
DISTRICT
By {
PAT S T ON, President
ATTEST:
� G
A. MIL ON SEYMOUR
Clerk Thereof
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3. Vol
ORDINANCE NO. 7803
OF THE
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
ADOPTING LOCAL GUIDELINES IMPLEMENTING THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970
BE IT ENACTED by the Board of Directors of the Truckee-Donner
Public Utility District as follows:
Effective with the effective date of this Ordinance, those pro-
visions of Resolution No. 7307 and any and all prior ordinances or resolu-
tions that conflict with the provisions of this Ordinance are hereby revoked.
BE IT FURTHER ENACTED that the Local Guidelines Implementing the
California Environmental Quality Act of 1970, as amended, Marked Exhibit
"A" attached hereto, and made a part hereof, be adopted.
This Ordinance shall become effective April 1 , 1978
The clerk of the District shall immediately cause a
copy of this Ordinance to be published once in the local newspaper and copies
shall be posted in at least three (3) public places within the District.
PASSED AND ADOPTED by the Board of Directors of the Truckee-Donner
Public Utility District at a regular meeting thereof duly called and held
in the District on the 21st day of February 1978, by the follow-
ing roll call vote:
AYES: Huber Kuttel Maass ,
NOES: None
ABSENT: Sutton ,
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
By: �!
PAT 5'rTTON, President
.-- ATTEST:
Milton ey ou
Clerk Thereof
LOCAL GUIDELINES IMPLEMENTING
THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
i
Denotes State
Guidelines ARTICLE I - GENERAL
Section
Section 1 . 1 . Purposes. These Guidelines implement the purposes and provisions
Sec. of the California Environmental Quality Act, being Public Resources Code Sec-
15001 , tions 2100 et seq. , and the Guidelines for implementation of the Act which have
15005 and been adopted by the California Secretary for Resources (hereinafter referred to
15022 as "State Guidelines") . The enhancement and long-term protection of the environ-
mental and the encouragement of public participation in achieving these goals are
objectives of these local Guidelines.
15012, Section 1 .2. Objectives. From time to time and under circumstances as outlined
15013, by these Guidelines, environmental documents must be prepared as a prerequisite
15075(b) to approval of a project. When required, such documents should be prepared as
early as is feasible in the planning process for a proposed project in order to
enable environmental considerations to influence project conceptualization, pro-
gramming, and design and to assure full consideration of environmental constraints
and opportunities before project plans are finalized. The function of such docu-
ments is to inform the Commission and the public of the environmental effects of
proposed projects. The intent of the environmental process is to enable the Dis-
trict to evaluate projects to determine whether they may have a significant ef-
fect on the environment, to examine and institute methods to reduce adverse im-
pacts and to consider alternatives to projects as proposed. The environmental
effects set forth in environmental documents are to be evaluated by the Commis-
sion before a project is approved. The Commission retains authority to balance
environmental objectives with economic, social , and other relevant objectives
of the proposed project, but should, as a result of information contained in
environmental documents, establish requirements or conditions on project design,
construction, or operation in order that the environment may be protected or en-
hanced.
ARTICLE II - DEFINITIONS
15020 Whenever the following terms are used in these Guidelines, they
shall have the following meanings unless otherwise expressly defined:
15021 Section 2. 1 . Approval means a decision by the District which commits it to a
definite course of action with regard to a particular project. As respects any
project to be undertaken directly by the District, approval shall ordinarily
take the form of legislative action in regard to a project. The time of such
action may vary from project to project according to the circumstances pursuant
to which the project is undertaken. As respects private projects defined in
paragraphs (2) and (3) of Section 2.23A, approval shall be deemed to occur
upon the earliest commitment to issue, or the issuance by the District of a
discretionary contract, grant, subsidy, loan, or other form of financial as-
sistance, lease, permit, license, certificate, or other entitlement for use
^'— of the project.
For purposes of these Guidelines, the environmental process must be
completed as of the time of project approval .
15023 Section 2.2 Categorical Exemption means an exemption from the requirement of
preparing a Negative Declaration or an EIR even though the proposed project
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is discretionary in nature, all as more particularly described in Section 3.5.
15050(c) (11) Section 2.3. District means the Truckee-Donner Public Utility District.
Section 2.4. District Staff means the General Manager or Administrator and/or
his designee, and any other person or persons designated by the Commission.
Section 2.5. Commission means the Planning Commission except where a matter
J is subject to appeal to the Board and is in fact appealed to the Board, in
which case "Commission" means the Board.
Section 2.6. Board means the Board of Directors of this District.
15023.5 Section 2.7. Cumulative Impacts mean two or more individual effects which,
when considered together, are considerable or which compound or increase
other environmental impacts. Such individual impacts may be changes result-
ing from a single project or a number of separate projects.
15024 Section 2.8. Discretionary Project means a project, approval of which re-
quires the exercise of independent judgment, deliberation or decision-making
on the part of the District.
15025 Section 2.9. Emergency means a sudden, unexpected occurrence, involving a
clear and imminent danger, demanding immediate action to prevent or mitigate
loss of, or damage to, life, health, property, or essential public services.
Emergency includes such occurrences as fire, flood, earthquake, or other
soil or geologic movements, as well as such occurrence such as riot, accident,
or sabotage.
15026 Section 2. 10. Environment means the physical conditions which exist in the
area which will be affected by a proposed project including land, air, water,
minerals, flora, fauna, ambient noise, objects of historic or aesthetic sig-
nificance.
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Section 2. 11 . Environmental Documents means draft and final EIRs, initial
studies, Negative Declarations, Notices of Completion and Nitices of Deter-
15026.5 mination.
15027 Section 2. 12. EIR means a detailed statement setting forth the matters
specified in Section 21100 of the Public Resources Code as more particularly
described hereinafter in Section 7.3
. 15028 Section 2. 13. EIS--Environmental Impact Statement means an EIR prepared
pursuant to the National Environmental Policy Act (NEPA)
15029 Section 2. 14. Feasible means capable of being accomplished in a successful
manner within a reasonable period of time, taking into account economic, en-
vironmental , social , and technological factors.
15029.5 Section 2. 15. Initial Study means a preliminary analysis prepared by the
District pursuant to Article V to determine whether an EIR or a Negative
Declaration must be prepared for a project.
15029.6 Section 2. 16. Jurisdiction by Law.
A. Jurisdiction by law means the authority of any public agency to:
(1) Grant a permit or other entitlement for use,
(2) Provide funding for the project in question, or
(3) Exercise authority over resources which may be
affected by the project in question.
B. In addition to other public agencies having jurisdiction by law over
District projects, the following counties have jurisdiction by law over
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District projects:
(1) The county in which the project site is located.
(2) The county in which the major environmental effects
of the project will occur.
(3) The county in which reside those citizens most direct-
ly concerned with the major environmental effects of the
project.
C. Where an agency having jurisdiction by law must exercise discretionary
authority over a project in order for the project to proceed, such agency
is also a responsible agency or the lead agency with respect to the project.
Sec. 15030 Section 2. 17. Lead Agency means the public agency which has the principal
responsibility for preparing environmental documents and for carrying out
or approving a project which may have a significant effect on the environ-
ment where more than one public agency is involved with the same underlying
activity.
% Sec. 15033 Section 2. 18. Negative Declaration means a written statement by the lead
agency briefly describing the reasons that a proposed project, although not
otherwise exempt, will not have a significant effect on the environment and
f therefore does not require the preparation of an EIR.
Sec. 15034 Section 2. 19. Notice of Completion means a brief notice filed with the Sec-
retary for Resources by the District after it has completed a draft EIR and
is prepared to send out copies for review.
( Sec. 15035 Section 2.20. Notice of Determination means a brief notice to be filed by
the District when it approves or determines to carry out a project which is
subject to the requirements of CEQA.
Section 2.21 . Notice of Exemption means a brief notice filed with the Clerk
of the Board upon District approval of, or determination to carry out, a
Sec. 15035.5 ministerial , categorically exempt or emergency project.
Sec. 15036 Section 2.22. Person includes any person, firm, association, organization,
partnership, business, trust, corporation, company, district, county, city
and county, town, the State, and any of the agencies or political subdivi-
sions of such entity.
iSec. 15037 Section 2.23. Project.
A. Project means the whole of an action which has a potential for resulting
in a physical change in the environment, directly or ultimately, that is any
of the following:
(1) an activity directly undertaken by the District;
(2) an activity undertaken by a person which is supported
in whole or in part through contracts, grants, subsidies,
loans, or other forms of assistance from the District; or
(3) an activity involving the issuance by the District to a
person of a lease, permit, license, certificate, or other
r-- entitlement for use-
B. Project does not include:
(1) anything specifically exempted by state law;
(2) proposals for legislation to be enacted by the State
Legislature;
(3) continuing administrative or maintenance activities,
such as purchases for supplies, personnel-related actions,
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general policy and procedure making (except as they
are applied to specific instances covered above) ,
feasibility or planning studies; or
(4) the submittal of proposals to a vote of the people
of the state or of a particular community, e.g. , of
the District or of a zone or area within the District.
C. The word "project"refers to the activity which is being approved and
which may be subject to several discretionary approvals by governmental
agencies. The word "project" does not mean each separate governmental
approval .
II
: Sec. 15039 Section 2.24. Responsible Agency means a public agency which proposes to
carry out a project, but is not the lead agency for the project. It includes
all public agencies other than the lead agency which have approval power over
the project.
Sec. 15040 Section 2.25. Significant Effect on the Environment means a substantial , or
potentially substantial , adverse change in any of the physical conditions
within the area affected by the activity, including land, air, water, minerals,
flora, fauna, ambient noises, and objects of historical or aesthetic signifi-
cance.
ARTICLE III -- EXEMPT ACTIVITIES
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4Sec. 15037, Section 3. 1 . "No Project" Exemption. Activities which do not fall within
F15050(c) the definition of project as set forth in Section 2.23 and activities for
(1) (A) which it can be seen with a certainty that there is no possibility that the
k15060 activity in question may have a significant effect on the environment do not
f require the preparation of a Negative Declaration or an EIR and, thus, are
outside of the primary scope of these Guidelines.
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Section 3.2. Feasibility and Planning Studies. Feasibility and planning
studies of potential projects undertaken by the District are not within the
definition of project as set forth in Section 2.23. Such studies may, how-
' Sec. 15072 ever, contain considerations of environmental factors incident to the poten-
tial project.
Section 3.3• Emergency Projects. The following emergency projects do not
require the preparation of a Negative Declaration or an EIR and, thus, are
a outside the primary scope of these Guidelines:
ss
Sec. 15071 A. Projects undertaken, carried out, or approved by the District to main-
tain, repair, restore, demolish, or replace property or facilities damaged
or destroyed as a result of a disaster in a disaster stricken area in which
a state of emergency has been proclaimed by the Governor pursuant to Chapter
7 (commencing with Section 8550) of Division 1 , Title 2 of the Government
Code.
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B. Emergency repairs to any of the District's facilities necessary to main-
tain service.
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e; C. Specific actions necessary to prevent or mitigate an emergency.
Sec. 15032 & Section 3.4. Ministerial Projects.
' 15073
A. Ministerial projects do not require the preparation of a Negative Dec-
_ r--- laration or an EIR and, thus, are outside the primary scope of these Guide-
lines. Ministerial projects include activities which are undertaken or ap-
proved by a decision which a District administrator or the Board makes upon
E' a given state of facts in a prescribed manner in obedience to the mandate
of legal authority. With these projects, the administrator or Board must
act upon the given facts without regard to his, her, or its own judgment or
li opinion concerning the propriety or wisdom of the act although the statute,
f ordinance or regulation may require, in some degree, a construction of its
language by the administrator or Board. In summary, a ministerial project
involves only the use of fixed standards or objective measurements without
personal judgment.
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Sec. 15032,
15050(c) (1) (B)
15073(a) B. Ministerial projects include, but are not limited to, individual utility
through service connections and disconnections.
(c)
C. Where a project involves an approval that contains elements of both a
Sec. 15073 ministerial action and a discretionary action, the project shall be deemed
(d) discretionary.
iSec. 15050(c) Section 3.5. Categorical Exemptions. Subject to the qualification set forth
(1) (C) , in subsection Q, the following classes of projects, in accordance with and
15100, pursuant to Article 8 of the State Guidelines, have been determined not to
15��p. 1 have a significant effect on the environment, and therefore are declared to
be categorically exempt from the requirement of preparing a Negative Declara-
tion or an EIR. The categorical exemptions listed herein are not intended to
be, and are not to be construed to be, a limitation on the categorical ex-
15100.4 emptions set forth in Article 8 of the State Guidelines nor are they to be
construed as a finding that the activity listed is discretionary, as opposed
to ministerial , in nature.
Sec. 15101 A. Class I : Existing Facilities. Class I consists of the operation, repair
(Class 1 , maintenance, or minor alteration of all existing District facilities, struc-
State tures, equipment, or other property of every kind if such activity involves
Guidelines) negligible or no expansion of use beyond that previously existing, including
but not limited to:
( 1) Interior or exterior alterations involving such things as interior
partitions, plumbing, and electrical conveyances;
(2) Existing facilities of both investor and publicly owned utilities
used to provide electric power, natural gas, sewerage, or other public
utility services;
(3) Street improvements and conveyance facilities, including pipelines,
conduits and service facilities;
(4) Service connection facilities, including all appurtenances;
(5) Public safety facilities;
(6) Storage reservoirs, ponds, disposal areas;
(7) Pump stations;
(8) Buildings and structures; and
(9) Treatment plants and waste disposal facilities.
Sec. 15102 B_ Class II : Replacement or Reconstruction. Class II consists of replace-
(Class 2, ment or reconstruction of any District facilities, structures, or other prop-
State erty where the new facility or structure will be located on the same site as
Guidelines) the replaced or reconstructed facility or structure and will have substan-
tially the same purpose and capacity as the replaced or reconstructed facil-
ity or structure, including but not limited to:
( 1) Street improvements and conveyance facilities, including pipelines,
conduits and service facilities;
(2) Service connection facilities, including all appurtenances;
(3) Public safety facilities;
�"— (4) Storage reservoirs, ponds, disposal areas;
(5) Pump stations;
(6) Buildings and structures; and
(7) Treatment plants and waste disposal facilities.
Sec. 15103 C. Class III : New Construction of Small Structures. Class III consists of
(Class 31 construction and location of single, new, small facilities or structures and
State installation of small new equipment including but not limited to:
Guidelines)
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local ordinance to assure the maintenance, restoration, or enhancement of
a natural resource where the regulatory process involves procedures for the
protection of the environment. Construction activities are not included
in this exemption.
15108 H. Class VIII : Actions for Protection of the Environment. Class VIII
(Class 8, consists of actions taken by the District as authorized by state law or
State local ordinance to assure the maintenance, restoration, or enhancement of
Guidelines) the environment where the regulatory process involves procedures for the
r-- protection of the environment. Construction activities are not included in
this exemption.
I . Class IX: Inspection. Class IX consists of inspection activities,
15109 including but not limited to inquiries into the performance of an operation
(Class 9, and examination of the quality, health, or safety of a project.
State
Guidelines) J. Class X: Accessory Structures. Class X consists of the construction or
placement of minor structures accessory to or appurtenant to existing com-
15111 mercial , industrial , or institutional facilities, including but not limited
; (Class 11 , to:
; State
' Guidelines) (1) On-premise signs;
(2) Small parking lots.
115112 K. Class X1 : Surplus Property. Class XI consists of sales of surplus
': (Class 12, District personal or real property, except for parcels of land located in
State an area of statewide interest or potential area of critical concern as
' Guidelines) identified in the Governor's Environmental Goals and Policy Report prepared
pursuant to Government Code Sections 65041 et seq. However, if the surplus
property to be sold is located in those areas identified in the Governor's
Environmental Goals and Policy Report, its sale is exempt if:
(1) The property does not have significant values for wildlife habitat
i
or other environmental purposes, and
(2) Any of the following conditions exist:
(a) The property is of such size or shape that it is incapable
of independent development or use, or
(b) The property to be sold would qualify for an exemption un-
der any other class of categorical exemption in these guidelines,
or
(c) The use of the property and adjacent property has not
changed since the time of purchase by the District.
15113 L. Class XII : Acquisition of Lands for Wildlife Conservation Purposes.
(Class 13, Class X11 consists of the acquisition of lands for fish and wildlife con-
State servation purposes, including preservation of fish and wildlife habitat,
Guidelines) establishing ecological reserves under Fish and Game Code Section 1580 and
preserving access to public lands and waters where the purpose of the ac-
quisition is to preserve the land in its natural condition.
M. Class XIII : Minor Additions to Schools. Class 14 consists of minor
15114 additions to existing schools within existing school grounds where the ad-
(Class 14, dition does not increase original student capacity by more than 25 percent
( State or five classrooms, whichever is less. The addition of portable classrooms
iGu�.�lines) is included in this exemption.
N. Class XIV: Transfer of Ownership of Land in Order to Create Parks.
15116 Class XIV consists of the acquisition or sale of land in order to establish
(Class 16 a park where the land is in a natural condition or contains historic sites
' State or archaeological sites and either:
Guidelines)
(1) The management plan for the park has not been prepared, or
± (2) The management plan proposes to keep the area in a natural
condition or preserve the historic or archaeological site. This
-7-
exemption does not apply when a management plan is proposed that
will change the area from its natural condition or significantly
change the historic or archaeological site.
15117 0. Class XV: Open Space Contracts or Easements. Class XV consists of
(Class 17, the establishment of agricultural preserves, the making and renewing of
State open space contracts under the Williamson Act, or the acceptance of ease-
Guidelines) ments or fee interests in order to maintain the open space character of
the area. The cancellation of such preserves, contracts, interests or
easements is not included.
P. Class XVI : Designation of Wilderness Areas. Class XVI consists of
the designation of wilderness areas under the California Wilderness sys-
15118 tem.
(Class 18,
' State Q. Class XVII • Annexations of Existing Facilities and Lots for Exempt
uidelines) Facilities. Class XVII consists of:
(1) Annexations to the District of areas containing existing public
15119 or private structures developed to the density allowed by the current
' (Class 19, zoning or pre-zoning of the appropriate city or county, whichever is
State more restrictive, provided, however, that the extension of utility
Guidelines( services to the existing facilities would have a capacity to serve
only the existing facilities.
(2) Annexations of individual small parcels of the minimum size for
facilities exempted by Section 3.5C, New Construction of Small Structures.
R. Class XVI11 : Changes in Organization of Local Agencies. Class XVIII
15120 consists of changes in the organization or reorganization of local govern-
(Class 20, mental agencies where the changes do not change the geographical area in
' State which previously existing powers are exercised, including but are not limit-
Guidelines) ed to:
,— (1) Establishment of a subsidiary district.
(2) Consolidation of two or more districts having identical powers.
(3) Merger with the District lying entirely within the boundaries
of the District.
15100.2 S. Exceptions. The above categorical exemptions are inapplicable when the
cumulative impact of successive projects of the same type in the same place
over time is significant. In addition, Classes III through VI and Class X
do not apply where the project may impact on an environmental resource of
hazardous or critical concern where such resource has been designated, pre-
cisely mapped and officially adopted pursuant to law by federal , state, or
local agencies.
Section 3.6. Initial Review for Exemptions.
15013 A. Preliminary Review. As early as is feasible in the planning process, a
proposed activity shall be examined by the District' s staff for the purpose
of determining whether it is an exempt activity described in this Article
or whether it involves another agency which constitutes the lead agency pri-
marily responsible for the carrying out of the project as described in
Article IV.
B. Staff Finding of No Exemption. It if the judgment of the District's staff
^'— the proposed activity does not fall within one of the categories described in
subsection A it shall proceed with the project evaluation process as outlined
in Article V. Any person proposing to undertake an activity may present his
objection to the staff' s determination to the Board at its next regular or
special meeting.
C. Staff Finding of Exemption. If in the judgment of the District' s staff,
a proposed activity does fall within one of the categories enumerated in sub-
section A. it shall so find on a form entitled Preliminary Environmental As-
sessment, a copy of which is attached hereto as Exhibit ''A.''
-8-
D. Retention of Preliminary Environmental Assessment; Availability for
Inspection. The Preliminary Environmental Assessment shall be retained in
the District office as part of its usual recordkeeping process and shall be
made available for public inspection during all regular District office
hours. Except as otherwise may be determined by the Commission, the date
of completion and signing of the Preliminary Environmental Assessment by
the District's staff shall be deemed to constitute the date of approval of
the exempt activity.
Section 3.7. Notice of Exemption.
A. Preparation. Upon completion and signing of a Preliminary Environmental
Assessment for a ministerial , categorically exempt or emergency project, the
15�35.5, District's staff or the project's applicant may prepare a Notice of Exemption
15074(a) on a form attached hereto as Exhibit "B" which Notice shall contain the fol-
15074(b) lowing:
(1) A brief description of the project;
(2) A finding that the project is exempt, including a citation to
the State Guidelines section under which it is found to be exempt;
and
(3) A brief statement of reasons to support the findings.
In the event that the Notice of Exemption is prepared and filed by a project
applicant rather than the District' s staff, such Notice shall have attached
to it a certified copy of the Preliminary Environmental Assessment prepared
by the District's staff or other certified document or record of the Dis-
trict stating that the District has found the project to be exempt.
115050(c) (9) B. Place of Filing. Upon completion of the Notice of Exemption it shall be
! 15074(d) filed with the county clerk of the county or counties in which the project
is located and in the District office where it shall be available for public
inspection.
ARTICLE IV -- LEAD AGENCY DETERMINATION
Section 4. 1 . Staff Determination of Lead Agency. Upon a determination that
15065 a proposed activity is discretionary in nature and is not otherwise exempt,
consideration shall be given by the District' s staff as to whether the Dis-
trict or another public agency is responsible for preparation of environ-
mental documents for the project and is therefore, the lead agency. The
District's staff shall consider, among others, the following factors re-
lating to the lead agency principle:
A. The lead agency is the public agency with the greatest responsibility
for supervising or approving the project as a whole.
B. If the project is to be carried out by a nongovernmental person, the
lead agency shall be the public agency with the greatest responsibility for
supervising or approving the project as a whole. The lead agency will gen-
erally be the agency with general governmental powers rather than an agency
with a single or limited purpose which is involved by reason of the need to
provide a public service or public utility to the project, such as the Dis-
trict; in such cases, the District will , upon request, provide data concern-
ing all aspects of its activities required to furnish service to the project
to the agency drafting the environmental documents, and no separate environ-
mental documents wi-1 be required in regard to such activities. Under this
principle whenever any property to be served by the District requires a
^— change in zoning, conditional use permit, variance, subdivision or tract
approval or other land use permits or entitlements, the governmental agency
responsible therefor will ordinarily be the lead agency.
C. Where more than one public agency equally meet the criteria set forth in
subsection B, the agency which is to act first on the project in question
shall be the lead agency (following the principle that the environmental im-
pact should be assessed as early as possible in governmental planning.)
D_ Where the provisions of subsections A through C leave the District and
one or more other agencies with a substantial claim to be the lead agency,
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_�2_rs
(1) Service extensions to serve the following newly constructed
structures:
(a) Single family residences not in conjunction with the
building of two or more such units;
(b) Motels, apartments, and duplexes designed for not more
than four dwelling units if not in conjunction with the build-
ing of two or more structures;
r--
(c) Stores, offices, and restaurants if designed for an oc-
cupant load of twenty (20) persons or less, if not in con-
junction with the building of two (2) or more such structures;
and
(2) All appurtenances, including all auxiliary facilities required to
serve such structures.
Sec. 15104 D. Class IV: Minor Alterations to Land. Class IV consists of minor al-
(Class 4, terations in the condition of land, water and/or vegetation, which do not
State involve removal of mature, scenic trees except for forestry or agricultural
. Guidelines) purposes, including but not limited to:
(1) Minor cutting or mowing of grass, weeds, and brush for fire pro-
tection and aesthetic reasons;
(2) Grading on land with a slope of less than 10 per cent except where
it is to be located in a waterway, in any wetland, in an officially
designated (by Federal , State or local governmental action) scenic area,
or in officially mapped areas of severe geologic hazard;
(3) New gardening or landscaping;
(4) Filling of earth into previously excavated land with material com-
patible with the natural features of the site;
(f) Minor alterations in land, water and vegetation on existing of-
ficially designated wildlife management areas of fish production
facilities which result in improvement of habitat for fish and wild-
life resources or greater fish production;
(6) Minor temporary uses having negligible or no permanent effects on
the environment, including carnivals , sales of Christmas trees and
similar uses;
(7) Minor trenching and backfilling where the surface is restored;
(8) Maintenance dredging where the spoil is deposited in a spoil area
authorized by all applicable state and federal regulatory agencies;
(9) Small , inconspicuous structures, improvements and facilities.
Sec. 15105 E. Class V: Alterations in Land Use Limitations. Class V consists of
(Class 51 minor alterations in land use limitations, except zoning, including but
State not limited to:
Guidelines)
(1) Minor lot line adjustments, side yard and set back variances not
resulting in the creation of any new parcel nor in any change in land
use or density;
(2) Issuance of minor encroachment permits.
Sec. 15106 F. Class VI : Information Collection. Class VI consists of basic data
(Class 61 collection, research, experimental management and resources evaluation
: State activities which do not result in a serious or major disturbance to an
Guidelines) environmental resource. These activities may be undertaken strictly for
information gathering purposes or as part of a study leading toward the
undertaking of a project.
Sec. 15147 G. Class VII ; Actions for Protection of Natural Resources. Class VII
(Class 7, consists of actions taken by the District as authorized by state law or
State
Guidelines)
the District may, by agreement with such other agency or agencies, designate
which agency will be the lead agency and may, in such agreement, provide for
cooperative efforts by contract, joint exercise of power, or similar device.
E. The Office of Planning and Research will resolve disputes among public
agencies as to which is the lead agency.
1506l (c) Section 4.2. State Assisted or Approved Projects. Where a project is to be
15061 (f) undertaken by the District but requires state approval or financial assistance,
.�-- the state agency involved ordinarily will require the District to prepare the
environmental documents and to submit such documents with the request for ap-
proval of the proposed project. If the District thereby, or through its own
initiative, becomes responsible for preparing such documents, the District
is the lead agency for the project, and the procedures set forth in these
Guidelines relating to project evaluation and preparation of environmental
documents, including the filing of a notice of determination for the proposed
project, are applicable.
15080(a) Section 4.3. Federally Assisted or Approved Projects. Where a project is to
15063(b) be undertaken by the District but requires Federal approval or financial as-
sistance, the Federal agency involved ordinarily will undertake an environ-
mental evaluation of the project and may or may not request District prepara-
tion of environmental documents. Since the Federal agency documents are in
satisfaction of National Environmental Protection Act requirements, the Dis-
trict remains obligated under California Environmental Quality Act to prepare
environmental documents for the project and is therefore the lead agency for
the project. The District may, however, adopt all or any part of the Fed-
eral agency environmental documents, including initial studies, in preparing
District environmental documents, provided that the final environmental doc-
uments of the District comply with these Guidelines (in particular, that
District EIRs contain discussions of growth-inducing impacts, paragraphs (3)
and (7) of Section 7.30 and provided that the District satisfies procedures
required by these Guidelines, including the filing of a notice of determina-
tion for the proposed project.
Section 4.4 Staff Finding that District is Lead Agency. If, in the judg-
ment of the District's staff, the project does not involve another public
agency which is the lead agency, it shall proceed with the project evalua-
tion process as outlined in Article V, provided, however, that where other
public agencies will have authority for approving or carrying out the pro-
ject, the District' s staff shall consult with such other agencies in the
preparation of all environmental documents for the project. Any person
proposing to undertake a project as defined in paragraphs (2) or (3) of
Section 2.23A (i .e. , a private project) may present his objections to the
staff's determination to the Commission at its next regular or special
meeting.
15064 Section 4.5. Staff Finding that Another Public Agency is Lead Agency. If,
15065(e) in the judgment of the District's staff, the project does involve another
15065.5 public agency which is the lead agency, it shall so find and shall designate
115085(j) the lead agency on the aforementioned Preliminary Environmental Assessment.
15161 (a) No further environmental assessment shall be necessary unless otherwise re-
15161 (c) quired by the Commission or unless the District's staff finds that the lead
agency did not prepare any environmental documents for the project and the
statute of limitations has expired for a challenge to the action of the
appropriate lead agency. If the District's staff makes the aforesaid find-
ings, the District shall assume environmental responsibilities of a lead
agency for the project.
Section 4.6. District' s Duties as Responsible Agency; In General . Whenever
a determination is made that another public agency constitutes the lead
agency for undertaking or approving a project, the District' s staff shall ,
15064 upon written request of the lead agency, provide data concerning all aspects
of the District's activities required in relation to the project and shall
provide written comments (including an explanation for the basis of the com-
ment and, where possible, date and references in support of the comments)
upon environmental documents submitted by the lead agency to the District
for review. In addition, prior to approving the project, the Commission
shall consider the lead agency' s EIR or Negative Declaration on the project
and shall certify that it has reviewed and considered the information con-
tained in such document.
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15090 Section 4.7. District' s Duties as Responsible Agency; Mitigation. Where
an EIR has been prepared for a project for which the District is a respons-
ible agency and where such EIR indicates significant effects of activities
which the District will carry out or approve that are involved in such pro-
ject, the District' s staff shall assure that such effects are mitigated or
avoided whenever it is feasible to do so.
15050(c) (2) ARTICLE V -- INITIAL STUDY PROCEDURES
Section 5. 1 . Undertaking of Initial Study; By Whom; Submission of Data;
Costs; Time of Undertaking. Upon a determination that a project is dis-
cretionary and is not otherwise exempt, and that the District is the lead
agency for the project, an initial study shall be undertaken for the pur-
15080 pose of ascertaining whether the proposed project may have a significant
effect on the environment unless the District's staff can determine with-
out such a study that any aspects, considered individually or cumulatively,
of the project may cause a significant effect on the environment. In such
event, an EIR shall be prepared for the project, regardless of whether the
overall effect of the project is adverse or beneficial .
15080 A. As to projects defined in paragraph (1) of Section 2.23A, the initial
study shall be undertaken by the District's staff or by private experts
pursuant to contract with the District.
15080 B. As to projects defined in paragraphs (2) or (3) of Section 2.23A, the
person or entity proposing to carry out the project shall submit all data
and information as may be required by the District's staff in order to pre-
pare the initial study. All costs incurred by the District in reviewing
the data and information submitted by said person or entity, or in conduct-
ing its own investigation based upon such data and information for the pur-
pose of determining whether the proposed project might have a significant
effect on the environment shall be borne by the person or entity proposing
to carry out the project.
.— C. The initial study and subsequent environmental proceedings relating to
the proposed project shall be prepared and undertaken as early as is feasible
in the planning process in order to enable environmental considerations to
15013 influence the project program and design. The initial study and subsequent
environmental proceedings shall , however, be coordinated in a timely fashion
with the existing planning, review, and project approval processes being used
by the District.
Section 5.2. Scope, Purposes and Contents of Initial Study.
15080(a) A. Scope. In evaluating, in the initial study, whether a project may have
15081 (a) a significant effect on the environment, the District's staff shall base its
15081 (b) determination, to the extent possible, on scientific and factual data, shall
consider both primary or direct and secondary or indirect consequences of
the project and shall consider all phases of project planning, implementa-
tion and operation.
B. Purposes. The purposes of an initial study are to:
(1) Identify environmental impacts;
(2) Enable an applicant to the District or the District itself to
modify a project and mitigate adverse impacts before an EIR is written;
(3) Focus an EIR, if one is required, on potentially significant en-
vironmental effects;
(4) Facilitate environmental evaluation early in the design of a pro-
ject;
(5) Provide documentation of the factual basis for the finding in a
Negative Declaration that a project will not have a significant effect
on the environment; and
(6) Eliminate unnecessary EIRs.
-11-
C. Contents. An initial study shall be in the form attached hereto as
Exhibit "C" and shall contain:
(1) A description of the project;
(2) An identification of the environmental setting;
(3) An identification of environmental effects by use of a checklist,
matrix, or other method;
(4) A discussion of ways to mitigate the significant effects identi-
fied, if any;
(5) An examination of whether the project is compatible with applicable
existing zoning and plans; and
(6) The name of the person or persons who prepared or participated in
the initial study.
15081 (c) Section 5.3. Exmaples of Significant Effect. Some examples of consequences
which may be deemed to have a significant effect on the environment are con-
tained in Exhibit "D" attached hereto and by reference incorporated herein.
In most instances, affirmative findings as to any of the effects contained
in said Exhibit "D," regardless of whether the overall effect of the project
is adverse or beneficial , will require preparation of an EIR. In addition,
where there is, or is anticipated to be, a substantial body of opinion that
considers or will consider a particular effect to be adverse, an EIR should
be prepared.
15082 Section 5.4. Mandatory Findings of Significance. A project shall be found
to have a significant effect on the environment if:
A. The project has the potential to degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish
or wildlife population to drop below self-sustaining levels, thereaten to
eliminate a plant or animal community, reduce the number or restrict the
range of a rare or endangered plant or animal or eliminate improtant examples
of the major periods of California history or prehistory.
B. The project has the potential to achieve short-term environmental goals
to the disadvantage of long-term environmental goals;
C. The project has possible environmental effects which are individually
limited but cumulatively considerable_ As used in the subsection, ''cum-
ulatively considerable" means that the incremental effects of an individual
project are considerable when viewed in connection with the effects of past
projects, the effects of other current projects, and the effects of probable
future projects.
D. The environmental effects of a project will cause substantial adverse
effects on human beings , either directly or indirectly.
15080(d) Section 5.5 Staff Determination; Environmental Impact Assessment. Upon
completion of the initial study, the District's staff shall determine either,
A. That the project will not have a significant effect on the environment;
B. That the project, if modified in accordance with specified mitigation
measures set forth in the initial study, will not have a significant effect
on the environment;
C. That the project may have a significant effect on the environment.
D_ Members of the public may appear before the Board and present their
views prior to the Board's determination under this section.
Such determination shall be set forth on the form, entitled "Environmental
Impact Assessment," attached hereto as Exhibit "E" and such form, together
with the initial study shall be filed in the office of the County Clerk.
-1 2-
.W?pP
15080(d) Section 5.6. Procedure Required as a Result of Staff Determination.
15083
15084(a) A. If the District's staff makes the finding described in Section 5.5A, it
shall immediately prepare a proposed Negative Declaration and otherwise pro-
ceed in accordance with the procedures described in Article VI _
B. If the District' s staff makes the finding described in Section 5. 513, it
shall request a determination from the Commission as to whether modification
of the project in accordance with the specified mitigation measures should
be undertaken. Upon a determination of the Commission that the project
should be modified and upon completion of such procedures as may be neces-
sary to assure such modification, the District' s staff shall prepare a pro-
posed Negative Declaration and otherwise proceed in accordance with the
procedures described in Article VI .
C. If the District's staff makes the finding described in Section 5.5C, or
if it cannot be assured, as specified in subsection B above, that the project
will be modified in accordance with the mitigation measures specified, then
the District's staff shall immediately prepare or cause to be prepared an
EIR in accordance with the procedures described in Article VII .
15080(d) (2) Section 5.7. General Rule as to Modification. A project may be modified
or revised by the person or entity undertaking a project described in Sec-
tion 2.23A(2) or (3) or by the District if the project is the one described
in Section 2.23A(a) , in response to an initial study, in order to mitigate
potential adverse effects to a point where no significant impact will occur.
In such event, a Negative Declaration, rather than an EIR, shall be required
for the project. If the project would still result in one or more signifi-
cant effects on the environment after the mitigation measures are added to
the project, and EIR shall be required for the project.
Section 5.8. Appeal . Any person aggrieved by the determination made by
the District's staff pursuant to Section 5.5 may, within ten days following
such determination, file with the Commission a request for appeal thereof
to the Commission. The Commission shall hear its appeal at its next reg-
ular or special meeting and shall not prepare a Negative Declaration or an
EIR for the project until such appeal has been heard and determined.
15050(c) (3) ARTICLE VI -- NEGATIVE DECLARATION
' 15050(c) (5) Section 6. 1 . Proposed Negative Declaration; Prior Consultation. If, upon
i15061 (g) completion of the procedures specified in Article V, it is determined that
! 15066 a Negative Declaration should be prepared for a project, District's staff
15083 shall first prepare a proposed Negative Declaration. Before completing the
proposed Negative Declaration, the District's staff shall consult with all
responsible agencies in order to insure that the Negative Declaration will
reflect the concerns of such agencies. In addition, any person may submit
information to the District's staff to assist in the preparation of the
Negative Declaration. Such information may be submitted in any format.
District's staff may include such information in the Negative Declaration if
it subjects the information to its own independent evaluation and analysis.
15061 (b) Section 6.2. Content and Form of Negative Declaration.
15083(c)
A. Contents. A Negative Declaration shall be a concise, statement con-
taining the following information:
(1) A brief description of the project, including a community used
name for the project, if any;
(2) The location of the project and the name of the project proponent;
(3) A finding that the project will not have a significant effect on
the environment;
(4) An attached copy of the initial statement documenting reasons to
support the finding; and
(5) A statement of mitigation measures, if any, included in the project
to avoid potentially significant effects.
-13-
34iv
B. Form. The Negative Declaration should normally not exceed one page in
length. A copy of the form of Negative Declaration is attached hereto marked
Exhibit "F."
15050(c) (9) Section 6.3. Filing of Negative Declaration. Upon completion of a proposed
15p83(c) Negative Declaration, the District' s staff shall cause a copy of the proposed
Negative Declaration with the initial study attached thereto to be filed at
the office of the County Clerk, and to be available for public inspection.
0.- Section 6.4. Notice of Proposed Negative Declaration. District's staff shall
mail or personally deliver a copy of a Notice of Proposed Negative Declaration
in the form attached hereto as Exhibit "G" to the project applicant, if any,
and to all persons and organizations who have requested such notice. In addi-
tion, District's staff shall give public notice of the proposed Negative Dec-
laration by at least one of the following procedures:
A. By publication of a copy of the Notice of Proposed Negative Declaration
once in a newspaper of general circulation in the area affected by the pro-
posed project;
B. By posting of a copy of the Notice of Proposed Negative Declaration on,
and within twenty (20) feet off of, the site of the proposed project; or
C. By mailing a copy of the Notice of the Proposed Negative Declaration to
owners of property contiguous to the site of the proposed project as their
names and addresses are shown on the last equalized assessment roll of the
County in which the project is located.
Mailings undertaken pursuant to this Section shall be by first class mail ,
postage prepaid.
15050(c) (5) Section 6.5. Comments from Agencies Having Jurisdiction by Law. Following
15050(c) (6) the filing of the proposed Negative Declaration at the District's office,
15066 the District' s staff shall consult with and seek to obtain comments from
.—. agencies having jurisdiction by law and should consult with the persons hav-
ing special expertise with respect to any environmental impact involved.
Section 6.6. Commission Approval or Disapproval of Project. Following the
15050(c) (6) filing of the Negative Declaration in the District's office and the completion
15050(c) (7) of procedures specified in Sections 6.4 and 6.5, but in no event sooner than
15050(c) (8) ten days following the date of filing, the Commission may consider the project
15083(c) at a regular or special meeting for purposes of approval or disapproval . At
this time, District's staff should report on any comments received as a result
of the procedures specified in Sections 6.4 and 6.5, and shall present the
final Negative Declaration to the Commission. Members of the public may ap-
pear before the Commission and present their views. The Commission shall ap-
prove a final Negative Declaration prior to its determination to approve or
disapprove the project. Such hearing may be held on the environmental impact
of the project prior to approval thereof pursuant to the provisions of Sec-
tion 7.9 and using the Negative Declaration as a basis for discussion.
15050(c) (9) Section 6.7. Notice of Determination. Following approval of the project,
15083(f) the District's staff shall prepare a Notice of Determination substantially
in the form attached hereto as Exhibit "H." Such Notice shall contain the
following:
A. The decision of the District to approve the project;
B. The determination of the District that the project will not have a
significant effect on the environment; and
C. A statement that no EIR has been prepared.
A copy of the Negative Declaration shall be attached to said Notice and said
Notice shall then be filed with the county clerk of the county or counties
in which the project is located and, if the project requires discretionary
approval from a state agency, with the Secretary for Resources.
-14-
.3n2V
15053(a) Section 6.8. Costs. As to projects covered by paragraphs (2) and (3) of
Section 2.23A, the person or entity proposing to carry out the project re-
quiring approval by the District shall bear all costs incurred by the Dis-
trict in preparing and filing the Negative Declaration.
15050(c) (4) ARTICLE V11 -- ENVIRONMENTAL IMPACT REPORT
15013 Section 7. 1 . Environmental Impact Reports: When Required. An EIR shall be
' 15050(c) (5) prepared for all discretionary projects not otherwise exempt upon a finding
15061 (g) by the District's staff that the project may have a significant effect on the
15P6" environment, that it can be fairly argued on the basis of substantial evidence
that the project may have a significant effect on the environment or that
there is serious public controversy concerning the environmental effect of
15U04 the project.
I15085(b)
Section 7.2. Preparation of Draft EIR: By Whom.
15061 (b) A. As to projects defined in paragraph (1) of Section 2.23A, the draft EIR
shall be undertaken by the District's staff or by private experts pursuant
to contract with the District.
15061 (b) B. As to projects defined in paragraphs (2) and (3) of Section 2.23A, the
person or entity proposing to carry out the project shall submit a draft
EIR, containing the information required by Section 7.3 for review and con-
sideration by the District's staff. The District's staff shall analyze the
draft EIR submitted pursuant to this subsection to verify its accuracy and
objectivity prior to presenting it to the Commission. The District' s staff
may require additional information and data, including a statement specifying
other public agencies believed to be agencies having jurisdiction by law
over the project. In no event shall the District use a draft EIR prepared
by such other person or entity as its own without independent evaluation
and analysis.
15027 Section 7.3. Content of Draft EIR. The draft EIR shall contain the informa-
15140 tion described in subsections A through H below. Each topic shall be dis-
cussed in a separate, distinct section or the draft EIR shall state where in
the document each element is discussed.
15141 A. Description of Project. The description of the project shall contain
the following information but should not supply extensive detail beyong that
needed for evaluation and review of the environmental impact:
(1) The precise location and boundaries of the proposed project shall
be shown on a detailed map, preferably topographic. The location of
the project shall also appear on a regional map.
(2) A statement of the objectives sought by the proposed project.
(3) A general description of the project's technical , economic, and
environmental characteristics, considering the principal engineering
proposals and supporting public service facilities.
15142 B. Description of Environmental Setting. An EIR shall include a description
of the environment in the vicinity of the project, as it exists before com-
mencement of the project, from both a local and regional perspective. Know-
ledge of the regional setting is critical to the assessment of environmental
impacts. Special emphasis should be placed on environmental resources that
are rare or unique to that region_ Specific reference to related projects,
both public and private, both existent and planned, in the region, should
also be included, for purposes of examining the possible cumulative impact
of such projects.
C_ Environmental Impact. All phases of a project must be considered when
' 15080(d) (3) evaluating its impact on the environment; planning, acquisition, development,
15143 and operation. The EIR shall discuss the subjects described in paragraphs
(1) through (7) below; provided, however, that such discussion shall empha-
size impacts determined in the initial study (if any) prepared for the project
to be significant and may omit examination of those impacts found to be clear-
ly insignificant in such initial study; and provided further, that the subjects
described in paragraphs (5) and (6) below need be included only in EIRs pre-
pared in connection with the adoption or amendment of a plan, policy or or-
dinance of the District or with a project which is subject to the requirement
for preparing an EIS pursuant to the National Environmental Policy Act of 1969.
-15-
3os'
(1) The Significant Environmental Effects of the Proposed Project.
The EIR shall describe the direct and indirect significant effects of
the project on the environment, giving due consideration to both the
short-term and long-term effects.
Such description should include relevant specifics of the area, the
resources involved, physical changes, alterations to ecological sys-
tems and changes induced in population distribution, population concen-
tration, the human use of the land (including commercial and residential
development) and other aspects of the resource base such as water, scenic
quality, and public services. Cumulative effects shall also be discussed
when found to be significant.
(2) Any Significant Environmental Effects Which Cannot be Avoided if
the Proposal is Implemented. The EIR shall describe any significant
impacts, including those which can be reduced to an insignificant level
but not eliminated. Where there are impacts that cannot be alleviated
without imposing an alternative design, their implications and the rea-
sons why the project is being proposed, notwithstanding their effect,
should be described. The EIR shall describe significant impacts on any
aesthetically valuable surroundings, or on human health.
(3) Mitigation Measures Proposed to Minimize the Significant Impact.
The EIR shall describe significant avoidable adverse impacts, including
inefficient and unnecessary consumption of energy, and measures to mini-
mize these impacts. This discussion shall include an identification
of the acceptable levels to which such impacts will be reduced, and the
basis upon which such levels were identified. Where several measures
are available to mitigate an impact, each should be discussed and the
basis for selecting a particular measure should be identified. Energy
conservation measures, as well as other appropriate mitigation measures,
shall be discussed when relevant. Examples of energy conservation mea-
sures recognized by the Secretary for Resources are set forth in Exhibit
(4) Alternatives to the Proposed Action. The EIR shall describe all
reasonable alternatives to the project, or to the location of the pro-
ject, which could feasibly attain the basic objectives of the project,
and why they were rejected in favor of the ultimate choice. The spe-
cific alternative of "no project" must also always be evaluated, along
with the impact. The discussion of alternatives shall include alter-
natives capable of substantially reducing or eliminating any significant
environmental effects, even if these alternatives substantially impede
the attainment of the project objectives and are more costly.
(5) The Relationship Between Local Short-Term Uses of Man's Environment
and the Maintenance and Enhancement of Long-Term Productivity. The EIR
shall describe the cumulative and long-term effects of the proposed pro-
ject which adversely affect the state of the environment. Special at-
tention should be given to impacts which narrow the range of beneficial
uses of the environment or pose long-term risks to health or safety.
In addition, the reasons why the proposed project is believed by the
sponsor to be justified now, rather than reserving an option for further
alternatives, should be explained.
(6) Any Significant Irreversible Environmental Changes Which Would Be
Involved in the Proposed Action Should it be Implemented. Uses of non-
renewable resources during the initial and continued phases of the pro-
ject may be irreversible since a large commitment of such resources
makes removal or non-use thereafter unlikely. Primary impacts and,
particularly, secondary impacts (such as a highway improvement which
provides access to a non-accessible area) generally commit future genera-
tions to similar uses. Also irreversible damage can result from environ-
mental accidents associated with the project. Irretrievable commitments
of resources should be evaluated to assure that such consumption is justi-
fied.
(7) The Growth-Inducing Impact of the Proposed Action. The EIR shall
discuss the ways in which the proposed project could foster economic or
population growth, either directly or indirectly in the surrounding en-
vironment. Included in this are projects which would remove obstacles
to population growth (a major expansion of a wastewater treatment plant
-16-
might, for example, allow for more construction in service areas) .
Increases in the population may further tax existing community service
facilities so consideration must be given to this impact. The EIR
shall also discuss the characteristic of the projects which may en-
courage and facilitate other activities that could significantly af-
fect the environment, either individually or cumulatively. It must not
be assumed that growth in any area is necessarily beneficial , detri-
mental , or of liqtle significance to the environment.
.^ D. Water Quality Aspects. The EIR shall describe in the environmental
setting section, and in other sections where applicable, water quality as-
pects of the proposed project which have been previously certified by the
15145 appropriate state or interstate organization as being in substantial com-
pliance with applicable water quality standards.
'; 15140(b) E. Summary. The EIR shall contain a brief summary of the proposed project
and its consequences. Such summary shall be in language sufficiently sim-
ple that the issues can be understood by the average member of the public.
F. Statement of Reason for Findings of No Significance. Environmental
15140(e) effects which were found in an initial study prepared for the project to
15140(f) be clearly insignificant and unlikely to occur need not be discussed in
15143.5 the EIR. The EIR, however, shall contain a statement briefly enumerating
uch clearly insignificant effects and there shall be attached to the EIR
a copy of such initial study. In addition, the EIR shall contain a state-
ment briefly enumerating effects that could possibly be considered signifi-
cant but were not discussed in detail in the EIR because they were found to
be insignificant. The latter statement shall briefly indicate the reasons
for the finding of insignificance.
15144 G. Organizations and Persons Consulted. The EIR shall include a section
identifying all Federal , state and local agencies (including responsible
agencies) , organizations and private individuals consulted in preparing
.-- the EIR and the identity of the persons, firm, or agency preparing the EIR.
H. Index. The EIR shall contain a table of contents or an index.
15140(b)
Section 7.4. General Rules for Preparation of EIR.
15140(d) A. Interdisciplinary Approach. The EIR should be prepared using a sys-
tematic, interdisciplinary approach. The interdisciplinary analysis shall
be conducted by competent individuals, but no single discipline shall be
designated or required to undertake this evaluation. Preparation of EIRs
is dependent upon information from many sources , including any engineering
project report and any scientific documents relating to environmental
features. The EIR shall reference all documents used in its preparation
including where possible, a citation to the page and section number of any
technical reports which were used as the basis for any statements in the EIR.
15140(c) B. Technical Data; Submission of Appendices. The information contained
in an EIR shall include summarized technical data, maps, plot plans, dia-
grams, and similar relevant information sufficient to permit full assess-
ment of significant environmental impacts by reviewing agencies and mem-
bers of the public. Placement of highly technical and specialized analysis
and data in the body of an EIR should be avoided through inclusion of sup-
porting information and analyses as appendices to the main body of the EIR.
Appendices to the EIR may be prepared in volumes separate from the basis
EIR document, but shall be available for public examination and shall be
submitted to all clearinghouses which assist in public review.
C. Incorporation by Reference.
15149
(1) An EIR may incorporate by reference all or portions of another
document which is a matter of public record or is generally available
to the public. Where all or part of another document is incorporated
by reference, the incorporated language shall be considered to be set
forth in full as part of the text of the EIR.
(2) Where part of another document is incorporated by reference, such
other document shall be made available to the public for inspection at
a public place or public building. The EIR shall state where the in-
corporated documents will be available for inspection. At a minimum,
-17-
Soy
the incorporated document shall be made available to the public in
the District office.
(3) Where an EIR uses incorporation by reference, the incorporated
part of the referenced document shall be briefly summarized in the EIR
where possible or briefly described if the data or information cannot
be summarized. The relationship between the incorporated part of the
referenced document and the EIR shall be described in the EIR.
151_4,Q(e) D. Proportionate Discussion. The EIR should discuss environmental
effects in proportion to their severity and probability of occurrence.
E. Forecasting. The preparation of an EIR necessarily involves some
15140(g) degree of forecasting. While foreseeing the unforeseeable is not pos-
15140(h) sible, best efforts must be used to discover and disclose all reasonably
15075(b) available information. If, after thorough investigation, it is found
that a particular effect is too speculative for evaluation, such con-
clusion should be stated and further discussion of the impact should
be terminated.
15150 F. Disclosure Document. The EIR serves as a public disclosure docu-
ment explaining the effects of the proposed project on the environment,
alternatives to the project, and ways to minimize adverse effects and
to increase beneficial effects.
G. Standards for Adequacy. The EIR should be prepared with a suffi-
cient degree of analysis to provide the Commission with information
which enables it to make a decision which intelligently takes account
of environmental consequences. An evaluation of the environmental ef-
fects of the proposed project need not be exhaustive, but the sufficiency
of an EIR is to be reviewed in the light of what is reasonably feasible.
The standard is not perfection, but rather adequacy, completeness, and
a good faith effort at full disclosure are to be sought.
Section 7.5. Consultation Prior to Completion of Draft EIR. Before com-
pletion of the draft EIR, the City's staff shall consult with all re-
sponsible agencies in order to incure that the draft EIR will reflect
the concerns of such agencies and should assure that, to the extent
'' 15064 deemed appropriate by such staff, persons and organizations believed
15085(b) to be concerned with the environmental effects of the project have
been consulted. The District's staff shall also consult with the ap-
propriate federal agency, where there is federal involvement with a
project, to determine whether an EIS will be required. Where both an
EIS and an EIR will be required, the documents should be prepared joint-
ly where federal regulations or procedures allor or the EIR should be
prepared in accordance with Section 4.3, if possible. In addition, any
person may submit information to the District's staff to assist in prep-
aration of the EIR. Such information may be submitted in any format.
District's staff may include, or cause to be included, such information
in the EIR if it subjects the information to its own independent eval-
uation and analysis.
15050(c) (9) Section 7.6. Completion of Draft EIR; Notice. Upon completion, the
15085(a) draft EIR shall be presented to the Commission for review at a regular
, 15085(c) or special meeting. if the Commission finds that the draft EIR is in
order and that it reflects the independent judgment of the District,
the Commission shall instruct the District's staff:
A. To file a Notice of Completion in the form attached hereto as Ex-
hibit "J" with the Secretary for Resources, or, where the Draft EIR
will be reviewed through the State Clearinghouse, to file with the
State Clearinghouse a cover form required by the State Clearinghouse;
15085(c) B. To mail or personally deliver a Notice of Completion substantially
in the form attached hereto as Exhibit "J" to all organizations and
individuals who have previously requested notice of completion of the
Draft EIR; and
15o85(d) C. To give public notice of the completion of the Draft EIR by at
lease one of the following procedures:
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(1) By publication of a copy of the Notice of Completion once in a
newspaper of general circulation in the area affected by the proposed
project;
(2) By posting of a copy of the Notice of Completion on, and within
twenty (20) feet off of, the site of the proposed project; or
(3) By mailing of a copy of the Notice of Completion to owners of
property contiguous to the site of the proposed project as their names
and addresses are shown on the last equalized assessment roll of the
county in which the project is proposed to be located.
Filings undertaken pursuant to this Section shall be deemed complete when
the appropriate document has been deposited in the United States mails
addressed appropriately or has been delivered in person to the appropriate
office. Mailings undertaken pursuant to this Section shall be by first-
class mail , postage prepaid.
15050(c) (5) Section 7.7. Review of Draft EIR by Other Public Agencies and Persons
' 15050(c) (6) with Special Expertise.
15066
15161 (a) A. General .
(1) Upon completion of the procedures required by Section 7.6, the
District's staff shall consult with and obtain comments from public
15085(d) agencies having jurisdiction by law with respect to the proposed pro-
ject. The identity of those public agencies having jurisdiction by
law over the project shall be determined on a project-by-project
basis. In the event that review and comment by a state agency is
sought, the draft EIR shall be submitted through the State Clearing-
house. In addition, where appropriate, area clearinghouses may be
used in seeking review and comment by regional and local agencies.
(2) The District may send copies of the draft EIR to public agencies
.�-- or persons with special expertise with respect to any environmental
impact involved whose comments relative to the draft EIR would be
desirable.
' 15085(d) (2) (3) Copies of the draft EIR should also be furnished to appropriate
15163(b) public libraries.
15085(d) (3)
(4) In determining appropriate public agencies, persons and libraries
to whom copies of the draft EIR should be transmitted under paragraphs
(1) through (3) above, District' s staff shall be guided by any listings
of agencies, persons or libraries prepared by it with respect to var-
ious projects and project locations.
(5) Each public agency, person, and library to whom a draft EIR is
sent under paragraphs (1) through (3) above shall be advised in writing
that written comments may be submitted to the District within the time
established for review under subsection B below.
15160(a) B. Time for Review. At the time the Commission authorizes the procedures
15160(b) described in Sections 7.6 and 7.7, it shall establish a time period so as
15160(c) to permit adequate review of and comment on the draft EIR by such public
agencies or persons. The period of time, to be established in the discre-
tion of the Commission, shall be based upon the size and scope of the pro-
posed project; provided, however, that in no event shall the review period
be less than thirty (30) days or more than ninety (90) days. Where review
by a state agency through the State Clearinghouse is requested, the review
period shall not be less than forty-five (45) days unless the State Clear-
inghouse approves a shorter period.
15162 C. Failure to Comment. In the event a public agency or person whose com-
ments on a draft EIR are solicited pursuant to subsection A above fails to
comment within the time period established pursuant to subsection B above,
it shall be presumed, absent a written request for a specific extension of
time for review and comment, together with the reasons therefor, that such
agency or person has no comment to make. Any extension of time granted by
the District shall be reasonable under the circumstances, but ordinarily
shall not cover a period greater than the time period initially established
for review and comment pursuant to subsection B above.
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D. Continued Planning Activities. Continued planning activities concerning
the proposed project, short of formal approval thereof, may continue during
the period set aside for review and comment on the draft EIR.
15053(b) Section 7.8. Availability of the Draft EIR for Review. Following the filing
15163 of the Notice of Completion or State Clearinghouse cover form as required by
Section 7.6, copies of the draft EIR also shall be made available at the Dis-
trict' s office for review or acquisition by members of the general public.
Any person requesting a copy of the draft EIR from the District shall be
charged the actual cost of reproducing it.
Section 7.9. Public Hearings.
' 15085(d) (4) A. General . From time to time, depending upon the nature and location of
15165 a proposed project, the Board, in its discretion, may find it desirable to
conduct a public hearing on the environmental impact thereof. In such event
the public hearing shall be conducted subsequent to the filing of the Notice
of Completion, but in no event sooner than fourteen days thereafter. The
draft EIR shall be used as the basis for discussion during any public hearing
that may be held.
B. Notice. Notice of the time and place of the public hearing shall be
published once in a newspaper of general circulation in the District. If
there is no such newspaper, it shall be posted at three public places with-
in the District, one of which shall be at the principal offices of the Dis-
trict. Publication or posting shall be completed at lease fourteen (14)
days prior to the date set for public hearing. Said notice also shall in-
dicate where the draft EIR is available for review.
C. Public Hearing During Public Meeting. A public hearing may be scheduled
to be conducted during the course of a regular meeting of the Board.
D_ Procedures for Conducting Public Hearings. The procedures for the manner
of conducting the public hearings shall be prescribed by the Board at the
time the hearing convenes. Members of the public who attend shall be afford-
ed the opportunity to participate in the hearing process.
15050(c) (8) Section 7. 10. Final EIR.
15085(f) A. Preparation. Following the receipt of comments on the draft EIR pursuant
to the procedures described in Sections 7.6 and 7.7, and if a public hearing
has been held pursuant to Section 7.9, following such hearing, comments that
have been received shall be evaluated and a final EIR shall be prepared by
District' s staff.
15027 B. Contents. The final EIR shall consist of the draft EIR or a revised
15050(c) (7) draft EIR, a section containing a statement of the comments received through
15085(e) the review and consultation process set forth in Section 7.6 through Section
15086 7.9, either verbatim or in summary, a list of persons and public agencies
15146(a) commenting on the draft EIR, and a section containing the responses of the
15146(b) District to the significant environmental points that are raised in the re-
view and consultation process.
The response of the District to comments received may take the form of a
revision of the draft EIR or may consist of an attachment to the draft EIR.
The responses shall describe the disposition of significant environmental
issues raised (e.g. , revisions to the proposed project to mitigate antici-
pated impacts or objections) . In particular, the major issues raised when
the District's position is at variance with recommendations and objections
r-- raised in the comments must be addressed in detail giving reasons why spec-
ific comments and suggestions were not accepted, and factors of overriding
importance warranting an override of the suggestions.
15086 Where a project report is prepared in the review or budgetary process per-
taining to a proposed project and an EIR has been prepared for such project,
the final EIR may be included as a part of the project report.
15050(c) (9) Section 7. 11 . Certification of Final EIR by Board; Board Approval
15085(g) or Disapproval of Project. Following preparation of the final EIR, it shall
be presented to the Board for Review. If the Board finds the EIR to be in
order, it shall , at a regular or special meeting, certify that the final EIR
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�xr
has been completed in compliance with the California Environmental Quality
Act and the State Guidelines and that the Board has reviewed and considered
the information contained in the EIR. Thereupon, but not prior thereto, the
Board may proceed immediately to consider the proposed project for pur-
poses of approval or disapproval . Members of the public may appear before
the Board and present their views prior to the Board's determination to
approve or disapprove the project.
15088 Section 7. 12. Required Written Findings.
A. The Board shall not approve a project for which an EIR has been com-
pleted which identified one or more significant effects of the project unless
the Board makes one or more of the following findings for each of such
significant effects:
(1) Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant environmental ef-
fects thereof as identified in the final EIR.
(2) Such changes or alterations are within the responsibility and
jurisdiction of a public agency other than the District. Such changes
have been adopted by such other agency or can and should be adopted by
such other agency.
(3) Specific economic, social , or other considerations make infeasible
the mitigation measures or project alternatives identified in the final
EIR.
B. The findings made pursuant to subsection A, together with a statement
of facts supporting each finding, shall be made and set forth in a resolu-
tion adopted by the Board. Such findings shall be supported by sub-
stantial evidence in the record of proceedings before the Board.
C. The ginding in subsection A(2) shall not be made if the District making
r-- the finding has concurrent jurisdiction with another agency to deal with
identified feasible mitigation measures or alternatives.
15090 Section 7. 13. Implementation of Mitigation Measures. In carrying out a
project for which an EIR has been prepared, the District shall assure that
significant effects, both individual and cumulative, of all activities in-
volved in the project are mitigated or avoided whenever it is feasible to
do so.
15085(h) Section 7. 14. Notice of Determination. Following approval of the project,
the District shall cause to be prepared a Notice of Determination on a form
attached hereto as Exhibit "H" which shall contain the following:
A. An identification of the project by its common name where possible;
B. The decision of the District to approve or carry out the project;
C. The determination of the Commission as to whether the project, in its
approved form will have a significant effect on the environment;
D. A brief statement of the mitigation measures which were adopted by the
District to reduce the impacts of the approved project; and
E. A statement that an EIR was prepared pursuant to the provisions of the
California Environmental Quality Act and was certified as required by Sec-
tion 15085(g) of the State Guidelines (Section 7. 11 of the District guide-
lines) .
Said notice shall then be filed with the county clerk of the county or
counties in which the project is located and, if the project requires dis-
cretionary approval from a state agency, with the Secretary for Resources.
15053(a) Section 7. 15. Costs. As to projects covered by paragraphs (2) and (3)
of Section 2.23A, the person or entity proposing to carry out the project
requiring approval by the District shall bear all costs incurred by the
District in preparing and filing the EIR, as well as all publication costs
incident thereto.
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Ap,
15069.5 Section 8.4. Staged EIR.
A. General Form. Where a large capital project will require a number of
discretionary approvals from governmental agencies and one of the approvals
will occur more than two years before construction will begin, a staged EIR
may be prepared covering the entire project in a general form. The staged
EIR shall evaluate the proposed project in light of current and contemplated
plans and produce an informed estimate of the environmental consequences of
the entire project. The aspect of the project before the public agency for
approval shall be discussed with a greater degree of specificity than those
aspects of the project not before the public agency.
B. Supplement to General Form EIR. When a staged EIR has been prepared,
a supplement to the EIR shall be prepared when later approval is required
for the project, and the information available at the time of the later ap-
proval is such as to permit consideration of additional environmental im-
pacts, mitigation measures, or reasonable alternatives to the project.
C. Statutory Designation of Lead Agency. Where a statute provides that a
specific agency other than the District shall be lead agency for a project
and requires such agency to prepare an EIR for such project, where the Dis-
trict is a responsible agency for the project, where the District or other
responsible agency for the project must grant approval for the project be-
fore the lead agency has completed the EIR, the District or such other
responsible agency may prepare and consider a staged EIR for the project.
ARTICLE IX -- MISCELLANEOUS
Section 9. 1 . Partial Invalidity. In the event that any part or provision
of these Guidelines shall be determined to be invalid, the remaining por-
tions hereof which can be separated from the invalid unenforceable pro-
visions, shall nevertheless continue in full force and effect.
Section 9.2. Headings. Headings preceding the texts of the articles,
.-- sections and paragraphs hereof shall be solely for convenience of refer-
ence and shall not affect the meaning, construction, or effect of such
texts.
15014(b) Section 9.3. Effective Date. These Guidelines shall be effective on
15070(c) January 1 , 1977, provided, however, that any draft EIR which was completed
and sent out for public review on or before January 1 , 1977, in compliance
with District guidelines theretofore in effect shall be deemed in com-
pliance with these Guidelines.
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15166 Section 7. 16. Retention of Comments. All written comments received on a
draft EIR through the formal consultation process, as well as all written
comments that may be received independently of said process, shall be re-
tained at the District office for a period of at least one year following
approval or disapproval of the project to which they relate. Said com-
ments shall be made available for public inspection at all reasonable times.
ARTICLE Vill -- EIRS AND PROJECT SCOPE
15067 Section 8. 1 . Subsequent EIRs. Where an EIR has been prepared for a project
r— no additional EIR need be prepared unless:
A. Substantial changes are proposed in the project which will require
major revisions of the EIR, due to the involvement of new environmental
impacts not considered in the previous EIR.
B. There are substantial changes with respect to the circumstances under
which the project is to be undertaken, such as a change in the proposed loca-
tion of the project, which will require major revisions in the EIR due to the
involvement of new environmental impacts not covered in the previous EIR.
15068 Section 8.2. Use of a Single EIR.
15068.5
A. Two or More Projects. A single EIR may be utilized to describe more
than one project when the projects are essentially the same in terms of
environmental impacts. Any environmental impacts peculiar to any one of
the projects must be separately set forth and explained.
B. Later Projects. An EIR on an earlier project may be utilized to apply
to a later project if the environmental impacts of the projects are es-
sentially the same. If there are environmental impacts applicable to the
later project which were not associated with the earlier project, the
earlier EIR must be supplemented to set forth and explain said impacts
separately.
r-- C. General Plan EIR. The EIR on a general plan may be used as the founda-
tion document for Elks subsequently prepared for specific projects within
the geographic area covered by the general plan. The subsequent EIRs may
reference and summarize material in the EIR on the general plan for the
description of the general environmental setting and as much of the de-
scription of the environmental impacts as applies to the specific project.
Detailed information in the EIR on the specific project may be limited to
a description of the project, the specific environmental setting and those
impacts which are not adequately described for the specific project in the
EIR on the general plan. When a subsequent EIR refers to an EIR on the
general plan for part of its description of the environment and the en-
vironmental impacts , copies of the EIR on the general plan shall be made
available to the public in a number of locations in the community and to
any clearinghouses which will assist in public review of the EIR. The
purpose of this subsection is not to restrict analysis of environmental
issues but is to avoid the necessity for repeating detail from an EIR pre-
pared on a general plan.
15069 Section 8.3. Multiple and Phase Projects.
A. Phased Projects. Where individual projects are, or a phased project is,
to be undertaken and where the total undertaking comprises a project with
significant environmental effect, a single EIR must be prepared for the
ultimate effect.
B. Interrelated Projects. Where an individual project is a necessary
precedent for action on a larger project, or commits the District to a
larger project, the EIR must address itself to the scope of the larger
project.
C. Similar Projects. Where one project is one of several similar projects
of the District, but is not deemed a part of a larger undertaking or a larger
project, one EIR may be prepared for all projects, or one for each project,
but should in either case comment upon the combined effect.
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EXHIBIT "A"
CITY OF
PRELIMINARY ENVIRONMENTAL ASSESSMENT
Name of Projects
Location:
Entity or Person Undertaking Project: (Check appropriate box)
City of
c r Other: Name
Address .
Staff Determination:
The City's staff, having undertaken and completed a
preliminary review of this project in accordance with the City's
guidelines entitled "Local Guidelines Implementing the California
Environmental Quality Act," has concluded that this project does
not require further environmental assessment because:
{ ) 1. The proposed action does not -constitute a project within
r^ the meaning of Section 3.1 and Section 2.23 .
( ) 2. The project constitutes a feasibility or planning study
under Section 3.2.
( } 3_ The project is .an Emergency Project under Section 3.3.
( ) 4. The project is a Ministerial Project under Section 3.4.
( ) 5_ The project is Categorically Exempt under Section 3.5.
Applicable Exemption Class, Local Guidelines -
Applicable Exemption Class, State Guidelines
( ) 6. The project involves another public agency .which consti-
tutes the lead agency.
Name of Lead Agency
Date: -
Authorize Person
3�3
EXHIBIT "B"
NOTICE OF EXEMPTION
TO: Secretary for Resources FROM:
1416 Ninth Street, Room 1311
.- Sacramento, California 95814
County Clerk
County of
Project Title
Project Location - Specific
Project Location - City Project Location - County
Description of Nature, Purpose, and Beneficiaries Uf Project
Name of Public Agency Approving-.Project
Name of Person or Agency Carrying Out Project
Exempt Status: Check One
Ministerial (Sec. 15073)
Declared. Emergency (Sec. 15071 (a) )
Emergency Project (Sec. 15071 (b) and (c))
Categorical Exemption. State type and section
number:
Reasons why project is exempt:
Contact Person Area Code Telephone Extension .
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public
�^^ agency approving the project: Yes No
Date Received for Filing Signature
Title
EXHIBIT "C"
INITIAL STUDY
(Prepared pursuant to Article V of the Environmental
Guidelines of the City:)
I Project Title:
II. Full Description of Project:
III. Energy Usage of" Project:
IV. Exact Location of Project (If construction .or a similar activity
Is involved, give street names, addresses :.or .other geographical
data sufficient to enable a resident of the City to identify
the physical location' of all aspects of the project. A metes
and bounds description should be avoided if at -all possible.
A map may be attached in lieu of, or in addition to, the verbal
description:) :
V. Public Agencies (List public agencies,. if any, other than the
City, which must approve, or give a permit for the project. ):
�>
VI . Reason for Project:
r-1
VII. Compatibility with Zoning and Planning (Discuss whether the
project 1s compatible with existing zoning and plans.) :
VIII. Environmental Settings of Project (This description should be
complete enough to en �e a person .not familiar with the geo-
�. -- - - graw of- thi6 City to envision the environmental setting
of the project. Any unusual features such as scenic resources;
historic buildings, unusual flora or fauna or similar unique
qualities of the setting. should be noted.) : .
L
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33 9
X. Mitigation .Measures (List by number all effects on the checklist
contained under part IX above to which a "yes" or "maybe" answer
was given and describe the measures, if any, which can be taken by
the District to mitigate adverse impacts, if 'any, of such effects. ) :
r _
r-
-viii-
7
X1. Public Controversy (Describe public controversy, if any, concerning
any environmental effects of the project.) :
Dated:
�- By:
s Authorized Person
-ix-
3�3
EXHIBIT "D"
(Prepared by Secretary for Resources)
SIGNIFICANT EFFECTS
A project will normally have a significant effect on the environment
if it will:
(a) Conflict with adopted environmental plans and goals of the
community where it is located;
(b) Have a substantial, demonstrable negative aesthetics effect;
(c) Substantially affect a rare or endangered species of animal
or plant or the habitat of the species;
(d) Interfere substantially with the movement of any resident
or migratory fish• or wildlife species;
(e) Breach published national, state, or local standards relating
to solid waste or litter control;
(f) Substantially degrade water quality;
(g) Contaminate a-public water supply;
(h) Substantially degrade or deplete ground water resources;
(1) Interfere substantially with ground water recharge;
(j) Disrupt or alter an archaeological site over 200 years old,. '
an .historic site or a paleontological site except as part of a scientific
study of the site;
(k) Induce substantial growth or concentration of population;
(1) Cause an increase in traffic which is substantial in relation
to the existing traffic load and capacity of the street system;
(m) Displace a large number of people;
(n) Encourage activities which result in the use 'of large amounts
of fuel or energy;
(o) Use fuel or energy in a wasteful manner;
(p) Increase substantially the ambient noise levels for adjoining
areas;
(q) Cause substantial flooding, erosion or siltation;
(r) Expose people or structures to major geologic hazards;
(s) Extend . a sewer trunk line with . capacity to serve new develop-
ment;
(t) Substantially diminish habitat for fish,- wildlife or plants;
(u) Disrupt or divide the physical arrangement of an established
community;
(v) Create a public health hazard or a potential public health
hazard;
-i-
• 3t�s
(w) Conflict with established recreational, educational, religious
or scientific uses of the area;
(x) violate any ambient air quality standard, contribute substan-
tially to an existing or projected air quality violation, or expose sen-
sitive receptors to substantial pollutant concentrations.
. -11-
EXHIBIT "E"
CITY OF
ENVIRONMENTAL IMPACT ASSESSMENT
Names of Project_
Location:
Entity or Person Undertaking Project: (Check appropriate box)
City of . .
Other: Name
Address
Staff Determination
The City' s staff, having undertaken and completed ari — - -- - -
initial study of this project in accordance with Article V of
the City's guidelines entitled "Local Guidelines Implementing the
California Environmental Quality Act, " for the purpose of ascer-
taining whether- the proposed project might have a significant effect
on the environment, has reached the following conclusion:
( ) 1. The -project will not have a significant effect on
the environment; therefore,. a negative declaration
should be prepared.
( ) Z. The project, if modified inaccordance'with certain -
mitigation measures set forth in the Initial study °
and .enumerated in Exhibit "A" attached' hereto' and b
reference incorporated. here i n i will not have a s igni-,
fcant effect on the environment.. Upon completion of
such procedures as may be. necessary to assure such
modification, a negative declaration should be prepared.
( ) 3. The project. may have a significant effect on the
environment therefore, an EIR will be required.
Dated:
Authorized Person
I
I
EXHIBIT "F"
NEGATIVE DECLARATION
Proposed
Final
Name of Project:
Location
Entity or Person Undertaking Project: (Check appropriate box)
Q City of
�.J other: Name
Address
Project Description:
Finding: It is hereby found that the above-named .project will not
av e a significant effect upon the environment. .,,
Initial Stud An initial study of this prq 'ect_was undertaken and
prepared in accordance with _Article V o tFie City s focal
environmental guidelines for the purpose of ascertaining whether°ti
this project might have a significant effect on the environment:
A copy of such initial study is attached hereto and by reference n
incorporated herein. Such initial study documents .reasons to ..
support the above finding.
Mitigation Measures: ' The following mitigation measures have been
included in the project to avoid potentially significant effects. ,
(a)
(b)
(c)
v
(d)
Date:
Authorized Person
j
EXHIBIT "G"
NOTICE OF INTENT TO. ISSUE
NEGATIVE DECLARATION
"s Name of Project:
Location:
Entity or Person Undertaking Project: (Check appropriate box)
City of
Other: Name
Address
Project Description:
NOTICE IS HEREBY GIVEN THAT the City of AF
County, California, proposes to issue a
Negative Declaration for the captioned Project. Such Negative
Declaration is. based upon a .finding that the Project- will not have
a :significant "effect upon the environment. The reasons. to support '
such finding are documented by an initial study prepared by the.
City. Copies of such initial study and the proposed Negative
Declaration may be obtained from:
Name:
Title:
Address-:-
Dated:
Authorized Person
Title
EXHIBIT .,H.g 3Sj
NOTICE OF DETERMINATION
TO: Secretary for Resources FROM: (Lead Agency)
1416 Ninth Street, Room 1311
Sacramento, California 95814
County Clerk.
County of
SUBJECT: Filing of Notice. of Determination in compliance with
Section 21108 or 21152 of the Public Resources Code.
Project Title
State Clearinghouse Number (If submitted to State Clearinghouse
Contact Person Telephone Number
Project. Location
Project Description .
This is -to advise that the
Lead Agency
has made the following determinations regarding the above described
projects
approved
1. The project has been Q disapproved by the Lead Agency.
will
'2. The project will not have a significant effect on the
environment.
3, L� An Environmental Impact Report was prepared for this project
pursuant to the provisions of CEQA and was certified as re-
quired by 14 Cal. Adm. Code Sec. 15085 (g) . The following
mitigation measures were adopted by the Lead Agency to reduce
impacts of the approved project: -
(1) -
(2)
(3)
(4)
(� A Negative - Declaration was prepared for this project pursuant
L_J to the provisions of CEQA. A copy of the Negative Declaration
is attached.
Date Received for Filing Signature
Title
Date
• 3SS
EXHIBIT will.
(Prepared by Secretary for Resources)
ENERGY CONSERVATION
I. INTRODUCTION
The goal of conserving energy implies the. wise and efficient use of
energy. The means of achieving this goal include:
(1) decreasing overall per capita energy consumption,
(2) decreasing reliance on natural gas .and oil, and
(3) increasing reliance on renewable energy sources. "
In order to assure that energy. implications are considered in project
decisions, the California Environmental Quality Act- requires that EIRs
include a discussion of the potential energy impacts of proposed pro-
jects, with particular emphasis on avoiding or reducing inefficient,
wasteful and unnecessary consumption of energy.
Energy conservation implies that a project's cost effectiveness be
reviewed not only in dollars, but also in terms of energy requirements.
For many projects, lifetime costs may be determined more by energy effi-
ciency than by initial dollar costs.
II. EIR CONTENTS.
Potentially significant energy. implications of a project should be
considered in an EIR. The following list of energy impact possibili-
ties and potential conservation measures. is designed to assist in. the
preparation of an EIR: . In ,many instances specif1d items may not apply.
or additional items may be needed.
A. Project Description may include the following items:
1. Energy consuming. equipment and Iprocesses which will be
used during construction, operation and/or removal of the project.
If appropriate, this discussion should consider the energy intensiveness
of materials and. equipment required for the project.
2. Total energy requirements of the project by fuel type
and end use.
3. Energy conservation equipment and design features.
4. Initial and life-cycle energy costs or supplies.
B. Environmental Setting may include existing energy : supplies and
energy use patterns in the region and locality.
C. Environmental Impacts may include:
%^ 1. The project's energy requirements and its energy use
efficiencies by amount and fuel type for each stage of the project's
life cycle including construction, operation, maintenance and/or removal.
If appropriate,. the energy intensiveness of materials may be discussed.
2. The .effects of the project on local and regional energy
supplies and on requirements for additional capacity_
3. The effects of the project on .peak and base period demands
for electricity and other forms of energy.
- 3s7
4. The. degree to which the project complies with existing
energy standards.
5. The effects of the project on energy resources.
D. Mitigation Measures may include:
1. Potential measures to reduce wasteful, inefficient and
unnecessary consumption of energy during construction, operation, main-
tenance and/or removal. The discussion should explain why certain mea-
sures were incorporated .in the project and why other measures were dis-
missed.
2. The potential of siting; orientation, and design to mini-
mize energy consumption.
3. The potential for reducing peak energy demand.
4. Alternate fuels (particularly renewable ones) or energy
systems.
5. Energy conservation which could result from recycling
efforts.
E. Alternatives should be compared in terms of overall energy
consumption and in terms of reducing wasteful, inefficient and unneces- .
sary consumption of energy-
F. Unavoidable Adverse Effects may -include wasteful, inefficient
and unnecessary consumption of energy during .the project construction,
operation, maintenance and/or removal that cannot be feasibly mitigated
i^ G. Irreversible Commitment of Resources may include a discussion
of how the project preempts future energy development or future energy
conservation.
. H. Short-Term Gains versus Long-Term Impacts .can be compared by
calculating the energy costs over the lifetime of the project.
I. Growth Inducing Effects may include the estimated energy con-
sumption of growth induced by the project.
s^
i
-ii-
EXHIBIT "J"
TO: State of California DATE:
The Resources Agency
Secretary for Resources
1416 Ninth Street, Room 1311
Sacramento, California 95814
NOTICE OF COMPLETION
Project Title
Project Location. - Specific
Project Location - City Project Location - County
Description of Nature, Purpose, and Beneficiaries of Project
Lead Agency Divasaon
Address Where Copy of EIR is Available
Review Period
Contact Person Area Code Phone Extensxon
3�y
CERTIFICATE OF POSTING
ORDINANCE NO. 7803
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
ADOPTING LOCAL GUIDELINES IMPLEMENTING THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970
STATE OF CALIFORNIA )
)
County of Nevada )
The undersigned, Susan M. Craig, under penalty of perjury, certifies
I
as follows:
That for and on behalf of the Secretary of the Truckee-Donner
i
Public Utility District, I caused copies of Ordinance No. 7803, an Ordinance
r— adopting local guidelines implementing the California Environmental Quality
Act of 1970, as amended, adopted by the Board of Directors of said District
on February 21 , 1978 to be posted within thirty (30) days following
I adoption in four public places within said District, to wit:
I
1 . Truckee-Donner Public Utility District Office
I
2. Nevada County Government Center
3. Nevada County Library
4. United States Postal Service Office
I
Said posting was completed on the 28th day of February ,
1978.
Executed on the 28th day of February 1978.
.— Susan M. Craig
'I
I
I
i
I
I
Y
RESOLUTION NO. 781n
OF
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
CLARIFYING DISTRICT POLICY
REGARDING THE LEASE OF DISTRCT LAND
WHEREAS, on January 4, 1978 , the Board of Directors
of the Truckee-Donner Public Utility District adopted
Resolution No. 7801 Establishing District Policy Regarding
The Lease Of District Land; and
WHEREAS, it has been determined that additional
changes are needed to clarify said policy and restating the
same in one document.
NOW, THEREFORE, be it resolved by the Board of
Directors of the Truckee-Donner Public Utility District as
follows:
Resolution No. 7801 shall be modified by the
changes contained herein, and the Board of Directors of the
Truckee-Donner Public Utility District shall observe the
following steps as part of its determination to lease District-
owned land:
1. It must determine that a potential lessee
exists for the parcel in question;
2 . It shall evaluate the parcel and obtain the
opinions of both the Manager and District Engineer regarding
the size of the parcel and the desirability to obtain long-
term revenues from the lease thereof;
3. An independent appraisal shall be obtained from
a qualified M.A.I. appraiser relating to the value of the
parcel or any part thereof and to its best possible use;
4 . the Board shall comply with the terms of
Public Utilities Code Section 16431 et seq_ and Government
Code Section 54221 et seq. and make the findings required
pursuant to said sections . In the event that any doubt
exists, the Truckee Donner Recreation and Park District shall
be contacted to render its opinion. After a finding is made,
the Board shall adopt a resolution affirming these findings;
5 . The Board shall determine the desirability of
leasing the parcel at a duly noticed public meeting;
'— 6 . Due notice shall be given by advertising at
least four (4) times in the local newspaper, and in such other
publications and journals as the Board feels just and reasonable;
7 . The Board shall advertise its minimum require-
ments and shall award the lease only by competitive bidding.
All bidders must submit a certificate of deposit, certified
check, or bid bond in a sum equal to One Thousand Dollars
($1, 000 .00) . Said deposit, check, or bond shall be forfeited
in the event that they are awarded the lease and fail to accept
the same within a reasonable period of time;
1 .
S . The Board shall award the lease in an ordinance,
and said lease shall be conditioned upon the following:
a. A minimum monthly rent of one percent (1%)
of the fair market value;
b. Cost of living increases every five (5) years;
C. Term of thirty (30) years (not to exceed
55 years) ;
d. The District shall retain control over the
use of the parcel and the design of the
structures to be constructed thereon;
e. The lessee shall reimburse the District
for all costs expended in connection with
the lease of the parcel including legal,
engineering, appraisal, advertising and
supervisory costs;
f. The District shall provide and the
lessee shall pay for a title policy
evidencing District ownership of the
parcel;
g. The lessee shall be responsible for the
taxes to be levied upon the parcel;
h. Lessee shall indemnify the District so that
,.-- the District shall not be liable for any
damage or liability of any kind or for any
injury to or death of persons or damage to
property of Lessee or any other person
during the term of the lease, from any
cause whatsoever, by reason of the use,
occupancy and enjoyment of the parcel by the
lessee or any person thereon or holding
under said lessee, and that lessee will
indemnify and save harmless the District
from all liability whatsoever, on account
of any such real or claimed damage or
injury and from all liens, claims and
demands arising out of the use of the parcel
and its facilities, or any repairs or
alterations which the lessee may make upon
the parcel. Lessee will carry and
maintain, at its sole cost and expense, bodily
injury liability insurance with limits of
not less than $500 ,000 .00 per person and
$1, 000, 000 .00 per occurrence insuring
against any and all liability of the
insured with respect to said premises or
arising out of the maintenance, use or
occupancy thereof, and property damage
'— liability insurance with a limit of not
less than $100 ,000 .00 per accident or
occurrence. All such bodily injury
liability insurance and property damage
liability insurance shall specifically
insure the performance by lessee of the
indemnity agreement as to liability for
injury to or death of persons and injury
or damage to property as set forth above.
As evidence of the foregoing insurance,
lessee shall provide District with a
certificate of insurance indicating the
District as a co-insured;
2 .
1. The Board shall make any findings made
necessary by the California Environmental
Quality Act.
9 . The Board of Directors may concurrently act
upon two or more steps contained herein.
PASSED AND ADOPTED by the Board of Directors of
the Truckee-Donner Public Utility District at a meeting held
within said District on the 21st day of February 1978 ,
by the following roll call vote:
AYES: Huber Kuttel Maass
NOES: None ,
ABSENT: Sutton ,
TRUCKEE-DONNER PUBLIC UTILITY
DISTRICT
By L:�� �
PAT SUT , President
ATTEST:
G'
A. Milton Seymou
Clerk Thereof
3.
RESOLUTION NO. 7811
OF
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
EXTENDING TIME OF PAYBACK OBLIGATIONS FOR
PRORATED COSTS TO TEN (10) YEARS ON
EXISTING AND FUTURE ELECTRIC LINE EXTENSIONS
BE IT RESOLVED by the Board of Directors of the
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT as follows:
Rule XV, page 25, Section (c) , of paragraph
3 , Distribution Line Extensions - Single Phase, is
hereby amended as follows:
RULE XV
3. (c) When an additional customer (s) is
(are) connected to the original line
extension, the construction charge will
be prorated and the amount realized will
be refunded to the applicant (s) effected.
This condition shall remain in effect
on a line extension for a period of
ten (10) years from the date of
r— completion of the line extension.
Rule XV, Section (c) , of paragraph 4 , Distribution
Line Extensions - Three Phase, is hereby amended as
follows:
RULE XV
4 . (c) When an additional customer (s) is
(are) connected to the original three
phase (overhead or) underground line
extension, the construction charge will
be prorated and the amount realized will
be refunded to the applicant (s) effected.
This condition shall remain in effect
on a line extension for a period of
ten (10) years from the date of completion
of the line extension.
PASSED AND ADOPTED by the Board of Directors of
the TRUCKEE-DONNER PUBLIC UTILITY DISTRICT at a regular
meeting thereof duly called and held in the District on the
21st day of February 1978 , by the following roll call vote:
AYES: Huber , Kuttel , Maass ,
NOES: None ,
ABSENT: Sutton ,
TRUCKEE-DONNER PUBLIC UTILITY
DIST
ATTES By
AT SU ON, President
E
A. MILTON SEYM R, Clerk thereof
�7I
RESOLUTION NO. 7812
of the
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
SETTING FORTH MINIMUM BID REQUIREMENTS
FOR 10,000SQUARE FOOT PARCEL
LOCATED ON HIGHWAY 267
i
WHEREAS, on February 21 , 1978, the Board of Directors of the
Truckee-Donner Public Utility District adopted Resolution No. 78-10,
Clarifying District Policy Regarding the Lease of District Land; and
WHEREAS, on January 4, 1978, Resolution 78-02 was adopted making
all appropriate findings and declaring subject parcel unnecessary for
District use; and
WHEREAS, the Board of Directors of the Truckee-Donner Public
Utility District desires to lease the parcel located on Highway 267
previously declared unnecessary for District use;
NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the
Truckee-Donner Public Utility District as follows;
r— The minimum bid will be 1 (one) percent per month of the recently
appraised value of $10,000.
Bids will be advertised four (4) times in the local newspaper.
Bids shall be subject to all other terms and conditions of
Resolution No. 78-10, Clarifying District Policy Regarding the Lease of
District Land.
PASSED AND ADOPTED by the Board of Directors of the Truckee-
Donner Public Utility District at a meeting held within said District on
the 21st day of February, 1978, by the following roll call vote:
AYES: Huber, Kuttel , Maass
NOES: None
ABSENT: Sutton
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
•-- By
PAT SUTT N, President
ATTEST:
G-�
A. Milton Seymo r
Clerk Thereof
smc
" 373
RESOLUTION NO. 7813
of the
CALLING FOR BIDS
ON GASOLINE AND DIESEL FUELS
WHEREAS, the Board of Directors of the Truckee-Donner Public
Utility District has heretofore approved a District Bid Policy; and
WHEREAS, the Board of Directors of the Truckee-Donner Public
Utility District has determined by way of the District Bid Policy that
competitive bidding is required for the purchase by the District at any one
time of any supplies or articles which exceed a cost of $4,000; and
WHEREAS, the Board of Directors of the Truckee-Donner Public
Utility District has determined that the cost of gasoline and diesel fuels
required by the District annually will exceed $4,000;
NOW THEREFORE, BE IT RESOLVED that the President of the Board of
Directors of the Truckee-Donner Public Utility District is hereby directed to
issue a call for bids based on the specifications as described in Exhibit "A"
attached hereto for a one-year period beginning April 1 , 1978, and that the
date and time established for the bid opening is Monday , March 20 ,
1978, at 2:00 P.M.
PASSED AND ADOPTED by the Board of Directors of the Truckee-Donner
Public Utility District at a regular meeting thereof duly called and held in
the District on the 21st day of February 1978, by the follow-
ing roll call vote:
AYES: Huber, Kuttel , Maass
NOES: None
ABSENT: Sutton
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
BY
AT SUTTON, President
ATTEST:
. Milton Sey our
Clerk Thereof
smc
/nn
i
EXHIBIT "A"
SPECIFICATIONS
e ITEM #1 DESCRIPTION:
Regular gasoline with a minimum octane rating of 86. The
estimated usage is 1 ,000 gallons per month, or 12,000 gallons per year.
ITEM #2 DESCRIPTION:
Diesel Fuel #1 - The estimated usage is 450 gallons per six month
period, or 900 gallons per year.
EXHIBIT "A"
V77
RESOLUTION NO. 7814
of the
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
P
ESTABLISHING SPECIAL CHECKING ACCOUNT
FOR REFUNDS AND DESIGNATING SIGNATORS &
SIGNING PROCEDURE
i
WHEREAS, the Board of Directors of the Truckee-Donner Public
Utility District has determined the need to establish a Special Checking
Account in order to implement refunds due to the Sierra Pacific Power
Company rebate to former customers no longer being served by the District;
NOW THEREFORE, BE IT RESOLVED as follows:
l
The General Manager of the Truckee-Donner Public Utility
District is hereby authorized to open a Special Checking
account at the Bank of America National Trust and Savings
Association, Truckee Branch, Truckee, California to imple-
ment refunds to former customers due to the Sierra Pacific
Power Company rebate.
BE IT FURTHER RESOLVED that the designated signators on the
special checking account are to be the current Vice President,
James Maass, and the current Treasurer, Roberta Huber. The
procedure for signing checks written on this Special Account
will be by way of a stamp imprinting the signators' names
after said signators have approved lists of refund recipients.
PASSED AND ADOPTED by the Board of Directors of the Truckee-Donner
Public Utility District at a regular meeting thereof duly called and held
in the District on the 21st day of February, 1978, by the following roll
call vote:
AYES: Huber, Kuttel , Maass
NOES: None
ABSENT: Sutton
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
e By
PAT SUTTON President
ATTEST:
' G
Mil on Seymour
Clerk Thereof
smc
RESOLUTION NO. 7815
OF
TRUCKEE-DONNER PUBLIC UTILITY DISTRICT
DESIGNATING REPRESENTATIVES AUTHORIZED
TO BIND THE TRUCKEE-DONNER PUBLIC
UTILITY DISTRICT TO THE TERMS AND
CONDITIONS GOVERNING THE TRANSFER OF
FEDERAL SURPLUS PERSONAL PROPERTY
BE IT RESOLVED by the Board of Directors of the Truckee-Donner
Public Utility District, and hereby ordered that the employee whose name,
title, and signature is listed below shall be and is hereby authorized,
as our representative, to acquire federal surplus property from the Cal-
ifornia State Agency for Surplus Property under the Terms and Conditions
described in Exhibit "A" attached hereto and made a part hereof.
NAME TITLE SIGNAT R
A. Milton Seymour General Manager
PASSED AND ADOPTED by the Board of Directors of the Truckee-Donner
Public Utility District at a meeting held within said District on the 21st
day of February 1978, by the following roll call vote:
AYES: Huber, Kuttel , Maass
NOES: None
r
ABSENT: Sutton
TRUCKEE-DONNER PUBLIC UTILITY
DISTRICT
BY
PAT SUTTOPr, President
ATTEST:
A. Milton Seymour
Clerk Thereof
EXHIBIT ''A''
TERMS AND CONDITIONS
(A) THE DONEE CERTIFIES THAT:
(1) It is a public agency;or a nonprofit educational or public health institution or organization,exempt from taxation under Section 501
of the Internal Revenue Code of 1954;within the meaning of Section 203(j)of the Federal Property and Administrative Services Act of 1949,
as amended,and the regulations of the Administrator of General Services. '
(2) if a public agency, the property is needed and will be used by the recipient for carrying out or promoting for the residents of a given
political area one or more public purposes,or,if a nonprofit tax-exempt institution or organization,the property is needed for and will be used
by the recipient for educational or public health purposes,and including research for such purpose.The property is not being acquired for any
other use or purpose,or for sale or other distribution;or for permanent use outside the state,except with prior approval of the state agency.
(3) Funds are available to pay all costs and charges incident to donation- -
(4) This transaction shall be subject to the nondiscrimination regulations governing the donation of surplus personal property issued
_�. under Title VI of the Civil Rights Act of 1964,Title VI,Section 606,of the Federal Property and Administrative Services Act of 1949,as
amended,and Section 504 of the Rehabilitation Act of 1973,as amended- -
(B) T14E DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS:
(1) All items of property shall be pluced,in use for the purpose(s)for which acquired within one year of receipt and shall be continued in
use for such purpose(s) for one year from the date the property was placed in use. in the event the property is not so placed in use,or
continued in use, the donee shall immediately notify the state agency and,at the donee's expense,return such property to the state agency,or
otherwise make the property available for transfer or other disposal by the state agency,provided the property is still usable as determined by
the state agency.
(2) Such special handling or use limitations as are imposed by General Services Administration (GSA) on any items)of property listed
hereon-
(3) In the event the property is not so used or handled as required by (13)(1) and (2),title and right to the possession of such property
shall at the option of GSA revert to the United States of America and upon demand the donee shall release such property to such person as
GSA or its designee shall direct.
(C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY,APPLICABLE TO ITEMS WITH A
UNIT ACQUISITION COST OF $3,000 OR MORE AND PASSENGER MOTOR VEHICLES,REGARDLESS OF ACQUISITION COST,
EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAFT:
(1) The property shall be used only for the purpose(s)for which acquired and for no other purpose(s).
(2) There shall be a period of restrictionwhich will expire after such property has been used for the purpose(s)for which acquired for a
period of 18 months from the date the property is placed in use, except for such items of major equipment,listed hereon,on which the state
i agency designates a further period of restriction.
(3) In the event the property is not so used as required by (C)(1) and (2) and federal restrictions (B)(1) and(2)have expired then title
and right to the possession of such property shall atthe option of the state agency revert to the State of California and the donee shall release
such property to such person as-the state agency shall direct.
(D) THE DONEE AGREES TO THE FOLLOWING TERMS,RESERVATIONS,AND RESTRICTIONS:
(1) From the date it receives the property listed hereon and through the period(s)of time the conditions imposed by(B) and(C)above
remain in effect, the donee shall not sell, trade,lease,lend, bail, cannibalize,encumber,or otherwise dispose of such property,or remove it
permanently, for use outside the state,without the prior approval of GSA under(B)or the state agency under(C).The proceeds from any sale,
trade,lease,loan,bailment,encumbrance, or other disposal of the property,when such action is authorized by GSA or by the state agency,
% shall be remitted promptly by the donee to GSA or the state agency,as the case may be.
(2) In the event any of the property listed hereon is sold,traded,leased,loaned,bailed,cannibalized,encumbered,or otherwise disposed
of by the donee from the date it receives the property through the period(s) of time the conditions imposed by(B)and(C)remain in effect,
without the prior approval of GSA or the state agency,the donee,at the option of GSA or the state agency,shall pay to GSA or the state.
agency,as the case may be, the proceeds of the disposal or the fair market value or the fair rental value of the property at the time of such
disposal,as determined by GSA or the state agency.
(3) If at any time, from the date it receives the property through the period(s)of time the conditions imposed by(B)and(C)remain in
effect,any of the property listed hereon is no longer suitable,usable,or further needed by the donee for the purpose(s)for which acquired,the
donee shall promptly notify the state agency,and shall, as directed by the state agency, return the property to the state agency, release the
property to another donee or another state agency or a department or agency of the United States,sell,or otherwise dispose of the property.
The proceeds from any sale shall be remitted promptly by the donee to the state agency- .
(4) The donee shall make reports to the state agency on the use,condition, and location of the property listed hereon,and on other
pertinent matters as may be required from time to time by the state agency.
(5) At the option of the state agency,the donee may abrogate the conditions set forth in(C)and the terms,reservations,and restrictions
pertinent thereto in(D)by payment of an amount as determined by the state agency.
(E) THE DONEE AGREES TO THE FOLLOWING CONDITIONS,APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON:
(1) The property acquired by the donee is on an"as is,""where is' basis-without warranty of any kind.
(2) Where a donee carries insurance against damages to or loss of property due to fire or other hazards and where loss of or damage to
donated property with unexpired terms,Conditions,reservations,or restrictions occurs,the state agency will be entitled to reimbursement from
,he donee out of the insurance proceeds,of an amount equal to the unamurtized portion of the fair value of the damaged or destroyed donated
itents-
(F) TER\IS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE IN LENGTH)
HAVING AN.AC-Q1 ISIrION COST OF S3,000OR AIORT,REGARDLESS OIr -1 HE PURPOSE 1'OR WHICH ACQUIRED:The donation shall be subject to the terms, conditions, reservations- and restrictions set forth in the Conditional Transfer Document
executed by the authorized donee representative.
F76-233 DE10780 7-77 7,500
EXHIBIT "A"