HomeMy WebLinkAbout13 LAFCO Agenda Item # 13
IF
TRUCKEE DONNER
Public Utility DistrIct
ACTION
To: Board of Directors
From: Kathleen Neus
Date: October 05, 2011
Subject: Consideration of Adopting a Resolution Requesting q g Nevada County
LAFCo to Resc
ind Truckee Sanitary District Sphere of Influence
1. WHY THIS MATTER IS BEFORE THE BOARD
New information has been received concerning Local AgencyFormation
(LAFCo) staffs abilityto perform portions Commission
p p ons of a required California Environmental
Quality Act (CEQA) analysis regarding Truckee SanitaryDistrict's TSD
Influence (SOI). ( ) Sphere of
2. HISTORY
The District was provided a proposed SOI for TSD from Nevada County
May of this year where this issue was disc LAFCo �n
discussed. The District was in attendance at
the special meeting of July 21, 2011 held at Truckee Town Hall. At this time, the
District provided comment to the LAFCo
commission on TSD's SOI and associated
CEQA documentation. It was at this meeting that LAFCo adopted the T p SD SOI.
3. NEW INFORMATION
District staff recently attended the LAFCo meeting of September 22 201
di p � 2011. During this
meeting, LAFCo staff admitted that they d not have the expertise to develop a Green
House Gas
(GHG) analysis of LAFCo's proposed reduction of the District's SOI
needed to hire a consultant to report the analysis. A and
c
included as Attachment 1. y copy of the LAFCo staff report is
(A GHG analysis is a required part of the CEQA process.)
As a result of this admission, the District questions the p )
q e legitimacy of the GHG analysis
performed by LAFCo staff for the TSD's SOI.
4. FISCAL IMPACT
There is no fiscal impact associated with this item.
5. RECOMMENDATION
Adopt the resolution (Attachment 2) requesting that Nevada County LAFCo rescind
their action adopting Truckee Sanitary District Sphere of Influence due to the lack of
staff expertise in completing a Green House Gas analysis contained in the su orti
CEQA analysis of their action. pp ng
Michael D. Holley
General Manager
Attachment 1
4.3 Cansent Calendar
Proposed Budget.Amendment
Local Agency Formation Commission of Nevada County
950 Maidu Avenue
Nevada City, CA'95959
Phone (530) 265-7180 or 888-846-7180 . . . Fax 530 265-9862
DATE: September 15,2011
TO: Commissioners
FROM: S. R. Jones, Executive Officer
RE: Amendment to 2011-2012 Budget
The California Environmental Quality Act requires a Lead Agency to include an analysis
significance of impacts from greenhouse as GHG emissions analysis Y s of the
g ( ) ns in its anal sus of a project. In order to
proceed with the Truckee Dormer Public Utility District Sphere of Influence Update, LAFC
is
preparing a Draft Supplemental Environmental Impact Report; the P o c
p p greenhouse gas emissions compo-
nent of this report requires a technical assessment of the potential for GHG emissions at b
the territory included in the sphere of influence. uildout for
This level of analysis is beyond the technical abilities of LAFCo staff; consequently,
Lion with the Commission Chair and Legal Counsel in q �� after consulta-
tion ( accordance with our Bylaws)and after
conferring with the Chair of the Budget Committee, we have contracted with Elliot Mu
preparation of the GHC� emissions calculations. The coy lberg for the
contract is for time and materials, not to exceed
$3,000 total. Funds are available to cover this cost in the CEQA reserve which
the beginning of this fiscal year. stood at$20,000 at
The contract has been reviewed and approved by Legal Counsel. A co is attached
(Attachment 1). copy hereto
In order for the Commission's financial records to appropriately document this transaction.
nested to a the
Commission is requested approve an amendment to the 2011-2012 adopted budget increasing the
provision for sphere plan consulting services by$3,000 (from $10,782 to $1; 782
dingly reducing the CEQA Reserve from $20 $17,000
000 to )and correspon-
dingly
The attached copy(Attachment 2) of the 201.1-2012 Expenditures Budget and P
Sheet shows the revised figures in outlined cells;the g roforma Balance
changes will be reflected automatically in the
Budget Sum-niary after the amended budget is saved.
Attachments:
l Contract with E. Mulberg
2 2011-2012 Budget
Attachment 2
TRUCKEE DONNER
Resolution No. 2011 - XX I F P t-1 b I'c Utility D�str�ct
REQUESTING NEVADA COUNTY LAFCo TO RESCIND THE
TRUCKEE SANITARY DISTRICT SPHERE OF INFLUENCE
WHEREAS,the California Environmental Quality Act requires a Lead Agency to include an analysis of
the significance of impacts from greenhouse gas (GHG)emissions in its analysis of a project; and
WHEREAS, the District's legal counsel responded to Nevada County LAFCo regarding the Truckee
Sanitary District (TSD) Sphere of Influence (SOI) Update stating that the TDPUD believes LAFCo's
environmental review is inadequate and fails to comply with CEQA; and
WHEREAS, legal counsel's correspondence addressed the need for GHG to be included in the review
and analysis of the environmental impacts of TSD being a customer of and receiving power from
TDPUD for that portion of TSD's boundaries and sphere of influence that are also within the boundaries
and sphere of influence of the TDPUD, as compared to the environmental impacts of TSD being a
customer of and receiving electricity from Liberty Energy for that portion of TSD's boundaries and
sphere of influence that are outside the boundaries and sphere of influence of TDPUD and are served
by Liberty Energy; and
WHEREAS, LAFCo staff admitted in their September 22, 2011 staff report, that GHG analysis is
"beyond the technical ability of LAFCo staff"; and
WHEREAS, LAFCo staff prepared the GHG analysis for TSD prior to their September 15, 2011
admission; and
WHEREAS, the environmental impacts from receiving power from TDPUD are less than the
environmental impacts from receiving power from Liberty Energy.
NOW,THEREFORE, IT IS HEREBY RESOLVED,that the Truckee Donner Public Utility District Board,
by motion adopted a resolution requesting Local Agency Formation Commission of Nevada County to
rescind the Truckee Sanitary District Sphere of Influence based on deficiencies of associated CEQA
documentation.
PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District in a
meeting duly called and held within said District on the fifth day of October 2011.
AYES:
NOES:
ABSTAIN:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
Jeff Bender, President
ATTEST:
Michael D. Holley, P.E. Clerk of the Board