Sparks City Council Meeting 4/10/2017 2:00:00 PM

    Monday, April 10, 2017 2:00 PM
    Council Chambers, Legislative Bldg, 745 4th St., Sparks, NV

General Business: 9.6

Title: Presentation, discussion and possible direction on 2017 Nevada Legislative Session Assembly Bill 039 (Regional Planning), Assembly Bill 193 (Water Fluoridation), and Senate Bill 434 (Charter Change).
Petitioner/Presenter: The City of Sparks Legislative Team/Stephen W. Drisoll, City Manager
Recommendation: From time-to-time the Legislative Team determines particular bills would benefit from a discussion and/or action by the entire Council, the Team is recommending the Council discuss and consider the merits of AB039, AB193, and SB434.
Financial Impact: None
Business Impact (Per NRS 237):
    
A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief:

The City of Sparks utilizes a Legislative Team for the purposes of engaging in the Nevada Legislatures bi-annual sessions. The Team consists of Mayor Geno Martini, Councilman Ed Lawson, City Manager Steve Driscoll, Legislative Liaison Kathy Clewett, and the City’s outside legislative strategists/lobbyists from Carrara Nevada. The Team, from time-to-time, determines some bills need to come before the Council as a whole for discussion and the determination of appropriate action.

The Legislative Team is requesting the Council discuss and consider providing direction on Assembly Bill 039 (Regional Planning), Assembly Bill 193 (Water Fluoridation), and/or Senate Bill 434 (Charter Change).



Background:

On May 23, 2106 the City Council the Sparks City Council adopted its Legislative Platform and Policies as the operating guide for local, regional and state legislative actions required of the Council. The Legislative Platform states: “…The Legislative Platform serves as a guidance regarding the city’s advocacy position which serves to assist the Mayor, Council, City Manager, and Government Affairs function in providing prompt and accurate responses to proposed legislation during the legislative process. This is particularly important during the state legislative process where time is often very short between a bill’s drafting and publishing and determining when a position is required by the local entity. Often it is impossible for the Council to properly meet and deliberate in a public forum to provide direction to the city’s lobbying effort.” [Page 7]

 

From time-to-time the Legislative Team determines particular bills would benefit from a discussion and/or action by the entire Council.



Analysis:

Three bills concerning the City of Sparks are to be discussed:

 

Assembly Bill 039 (AB039) – Revises provision governing the appointment of representatives to a governing board for regional planning in certain counties (on behalf of Washoe County) [Attached]

 

AB039 is a bill brought forward by Washoe County for the purpose of changing the membership makeup of the Regional Governing Planning Board (RPGB). In Section 1 of the bill. The County’s propose was:

  • Change the membership of the RPGB to three members for each of the participating entities—City of Sparks (Sparks), City of Reno (Reno), and Washoe County (County). This proposal would reduce the current membership for Reno from four down to three.
  • Allow the Washoe Board of County Commissioners (WC BCC) to appoint its members from any Commission Ward. This proposal would change the current requirement for the County mandating two of the RPGB appointees be from the County Wards with the largest land mass (current County Wards 4 and 5).

 

All three member agencies within the RPGB were having discussions with various Legislators on their respective thoughts being proposed by AB039.

 

On March 9, 2017, the Sparks City Manager was requested to attend a meeting on AB039 with Senator Ratti and Assembly Government Affairs Chairman Flores to determine if a compromise on the bill might be possible. The Legislators proposed compromise was:

  • Not changing the current membership of the RPGB,
  • Allow the WC BCC to self-select their RPGB members with no mandated requirements, and
  • Direction to the RPGB to possibly modify their Inter-Local Agreement to entertain the entity’s Managers providing a more active consulting role to the RPGB Director.

 

The proposed compromise was brought back by the three Managers for discussion with their respective elected bodies. Various conversation have transpired at the city and RPGB levels.

 

AB039 has been discussed by the Sparks Legislative Team and further discussion and/or action by the entire Council is being requested.

 

Assembly Bill 193 (AB193) – Requires the fluoridation of water in certain circumstances (sponsored by Assemblymen Joiner and Sprinkle) [Attached]

 

This bill was brought forward by Assemblymen Joiner and Sprinkle and if approved would require the Truckee Meadows Water Authority (TMWA) to add sodium fluoride to the region’s drinking water system. The addition of fluoride would increase the amount of total dissolved solids (TDS) into the system at the source and a question of whether the Truckee Meadows Water Reclamation Facility (TMWRF) would need to remove the remnants of the solids from the water system before reentering the Truckee River.

 

TMWRF staff’s concern of a possible violation of the operating license administered by the Nevada Department of Environmental Protection (NDEP) has triggered a conversation and a working list of issues to determine what treatment actions, if any, will be needed if the drinking water system is fluoridated. [Attached]

 

AB193 has been discussed by the Sparks Legislative Team and further discussion and/or action by the entire Council is being requested.

 

Senate Bill 434 (SB434) – Requires certain city attorneys to be appointed rather than elected (sponsored by Senate Government Affairs Committee) [Attached]

 

The bill was brought forward by the Senate Government Affairs Committee and if approved would create a change to the Sparks City Charter Section 1.060 removing the City Attorney as one of the elected officers of the city. Section 1.080 would add the City Attorney to the list of city appointed positions. Section 3.050 would define the duties of the City Attorney defining the City Council as providing “… general direction and supervision …” and “… serving at the pleasure of the City Council….”

 

This change to the City Charter was not the result of action taken by the Sparks Charter Committee.

 

SB434 has been discussed by the Sparks Legislative Team and further discussion and/or action by the entire Council is being requested.



Alternatives:

The Council may discuss and consider the merits of AB039, AB193, and SB434. Based on the Council’s deliberation on each of these bills, the Council may choose to Support, Oppose, Stay Neutral, or take no formal action.



Recommended Motion:

Motions will be determined by the deliberation of the Council.



Attached Files:
     AB39.pdf
     AB193.pdf
     20170323 Letter from Drinkwater to NDEP RE Fluoridation Issues.pdf
     SB434.pdf
     AB193 state letter.pdf
     public comment dist at mtg.pdf
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