2012 2:00:00 PM

Monday, March 26, 2012 2:00 PM
Sparks Legislative Building, 745 4th Street, Sparks, NV

General Business: 6.5

Title: Consideration and possible approval of a Resolution approving a change to the voting structure of the Board of Directors of the Truckee River Flood Management Authority, and urging the Authority to expend funds and take actions to assure that an environmental impact statement for the Truckee River Flood Management Project is completed and other matter properly related thereto; and if approved, authorize the Mayor to execute the First Amendment to Interlocal Cooperative Agreement (Truckee River Flood Management Project) between the City of Sparks, Washoe County and the City of Reno.

Petitioner/Presenter: Neil C. Krutz, P.E., Deputy City Manager for Community Services/Neil C. Krutz, P.E., Deputy City Manager for Community Services

Recommendation: Staff recommends that the Resolution and Amendment to the ICA be approved.

Financial Impact: There is no financial impact to the City of Sparks.

Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.

Agenda Item Brief: Approval of the Resolution would provide three things: 1. Approval of an amendment to the 2011 ICA establishing the authority to change the voting structure of the Board of Directors of the Authority to remove the unanimous approval requirement. 2. Urge the City of Reno to approve the ICA amendment, having acknowledged that the Washoe County Commission has already approved it. 3. Urge the TRFMA Board of Directors to take all necessary actions to cause completion of the Environmental Impact Statement being prepared in connection with the General Reevaluation Report and draft Chief’s Report being prepared by the Corps of Engineers in conjunction with the Truckee River Flood Management Project. A copy of the Resolution is attached for review.

Background: The City of Sparks, Washoe County, the City of Reno, and the Truckee River Flood Management Authority entered into an Interlocal Cooperative Agreement (Truckee River Flood Management Project) as of March 11, 2011. The ICA calls for a unanimous affirmative vote by all members present at a meeting to approve any action taken by the Board of Directors. Since its formation, the Authority Board has failed to obtain unanimous approval of directors and therefore effectively failed to act on several important matters including selection of a chairman of the Authority Board , appointment of an Executive Director and approval of contracts with consultants to assist in federal approvals and funding.

Analysis: The ICA Amendment calls for various levels of agreement depending upon the business at hand. A copy of the proposed amendment is also attached for review. The proposed change would remove the TRFMA Board from the decision loop for ICA amendments, withdrawal of members, dissolution of the Authority and mergers. Those types of actions would have to be approved by the member agencies (i.e. The City Councils of Sparks and Reno and Washoe County Board of County Commissioners). The idea at hand is that since the three governments created the Authority and gave it all of its powers, they should be the ones who decide such fundamental issues. It would also set a supermajority requirement (i.e. affirmative vote of more than 75% of all Directors, otherwise stated five out of six) for Master Plan actions, regulatory actions and financing approvals so that two of the member agencies can not bind the third member against its will. Finally, it changes the approval requirements for all remaining Authority business to a simple majority.

Alternatives: 1. Council could reject the proposed Resolution and ICA Amendment and continue to work under the current unanimous affirmative vote process. 2. Council could direct provide further direction to the City Manager.

Recommended Motion: “I move to approve the Resolution as outlined by staff, and authorize the Mayor to execute the First Amendment to Interlocal Cooperative Agreement for the Truckee River Flood Management Authority.”

Attached Files:

FMA Voting Resolution - Sparks.docx

TRFMA ICA First Amm.pdf

FMA Voting Resolution - Sparks.pdf

Previous Item

Next Item

Return To Meeting