11-04-21 Agenda with Supporting Materials

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CARSON CITY CONSOLIDATED MUNICIPALITY
NOTICE OF MEETING OF THE
BOARD OF SUPERVISORS
AND REDEVELOPMENT AUTHORITY 

Day:                Thursday
Date:               November 4, 2021
Time:              Beginning at 8:30 am
Location:        Community Center, Robert ‘Bob’ Crowell Board Room
                         851 East William Street
                         Carson City, Nevada

AGENDA

NOTICE TO THE PUBLIC:

• The State of Nevada and Carson City are currently in a declared State of Emergency in response to the global pandemic caused by the coronavirus (COVID-19) infectious disease outbreak. In accordance with the applicable Directives issued under authority of the Governor’s Declaration of Emergency, including Directive 045 and 047, and subject to any potential changes in state or federal mandates or guidelines, face coverings are required to be worn when attending this meeting in person.

• Members of the public who wish only to view the meeting but do NOT plan to make public comment may watch the livestream of the Board of Supervisors meeting at www.carson.org/granicus and by clicking on “In progress” next to the meeting date, or by tuning in to cable channel 191.  Livestream of the meeting is provided solely as a courtesy and convenience to the public.  Carson City does not give any assurance or guarantee that the livestream or cable channel access will be reliable.  Although all reasonable efforts will be made to provide livestream, unanticipated technical difficulties beyond the control of City staff may delay, interrupt or render unavailable continuous livestream capability.

• The public may provide public comment in advance of a meeting by written submission to the following email address: publiccomment@carson.org. For inclusion or reference in the minutes of the meeting, your public comment must include your full name and be submitted via email by not later than 3:00 p.m. the day before the meeting.

• Members of the public who wish to provide live public comment via telephonic appearance in lieu of physical attendance may do so during the designated public comment periods indicated on the agenda by dialing the numbers listed below. Public comment will be limited to three minutes per person.  Please do NOT join by phone if you do not wish to make public comment.

Join by phone:

Phone Number: +1-408-418-9388
Meeting Number: 2480 101 1015

1.    Call to Order - Board of Supervisors

2.    Roll Call

3.    Invocation - Founding Pastor Louie Locke, Shine

4.    Pledge of Allegiance

5.    Public Comment:** Late Material
The public is invited at this time to comment on and discuss any topic that is relevant to, or within the authority of this public body.

6.    For Possible Action:  Approval of Minutes - October 7, 2021

7.    Special Presentations

 7.A   Presentation of a Proclamation to recognize November 14-20, 2021 as Flood Awareness Week. (Robb Fellows, rfellows@carson.org)

 7.B   Presentation of a Proclamation to designate November 2021 as Quality-of-Life Month and a presentation on the 25th Anniversary of the adoption of Carson City's Question 18 - Quality of Life Initiative. (Lyndsey Boyer, lboyer@carson.org and Jennifer Budge, jbudge@carson.org)

Staff Summary: November 2021 will mark the 25th Anniversary of the passage of Question 18 - Quality of Life Initiative in Carson City. The Carson City Parks, Recreation & Open Space Department staff have developed a schedule of free community events to celebrate the positive impact of this ballot question on the community over the past 25 years. 

Consent Agenda

All matters listed under the consent agenda are considered routine and may be acted upon by the Board of Supervisors with one action and without an extensive hearing.  Any member of the Board may request that an item be taken from the consent agenda, discussed and acted upon separately during this meeting.  The Mayor, or the Mayor Pro-Tem, retains discretion in deciding whether or not an item will be pulled off the consent agenda. 

8.    Purchasing and Contracts

 8.A   For Possible Action: Discussion and possible action regarding a proposed amendment, effective November 1, 2021, to Conflict Counsel Attorney Services Contract No. 20300003, with Walter B. Fey, for conflict counsel services effective October 1, 2021 through June 30, 2023, to provide for services to assign indigent defense cases under the City’s Indigent Defense Plan (“Plan”) to conflict counsel and to private attorneys under the Plan on an as needed basis, not to exceed 12 hours per week, for a not to exceed amount of $33,350 through June 30, 2023, increasing the total contract amount to a not to exceed amount of $479,118.00 (an additional $13,350 in Fiscal Year (“FY”) 2022 and $20,000 in FY 2023), to be funded from the General Fund Courts Professional Services/Conflict Account. (Carol Akers, CAkers@carson.org and Max Cortes; Mcortes@carson.org)

Staff Summary: The new Department of Indigent Defense Services (“DIDS”) Regulations for attorneys providing indigent defense services, including the City’s contracted conflict counsel, require someone outside the judiciary to assign indigent defense cases to conflict counsel and private attorneys.  This amendment allows a person retained by conflict counsel to perform those services.

9.    Finance

 9.A   For Possible Action: Discussion and possible action regarding the report on the condition of each fund in the treasury and the statements of receipts and expenditures through October 22, 2021, per NRS 251.030 and NRS 354.290. (Sheri Russell, srussell@carson.org)

Staff Summary: NRS 251.030 requires the Chief Financial Officer (for the purpose of the statute acting as the County Auditor) to report to the Board of Supervisors, at each regular meeting thereof, the condition of each fund in the treasury. NRS 354.290 requires the County Auditor to report to the Board of Supervisors a statement of revenues and expenditures based on the accounts and funds as were used in the budget. A more detailed accounting is available on the City’s website – www.carson.org.

10.    Public Works

 10.A   For Possible Action:  Discussion and possible action regarding a proposed resolution accepting the dedication of right-of-way designated as Carson City Assessor’s Parcel Number (“APN”) 004-408-37 and also known as portions of Pilot Peak Drive, Pyramid Peak Drive, Porter Peak Drive, Pearl Peak Drive, Wildcat Peak Drive, E. Robinson Street, Hogan Peak Street, Monitor Peak Street, Evan Street, and Boundary Peak Street, as offered for dedication by the Final Map for Blackstone Ranch Phase 1-A, recorded as Map Number 3014 on June 24, 2021.  (Robert Nellis, RNellis@carson.org; Randall Rice, RRice@carson.org)

Staff Summary:  Staff is requesting acceptance of APN 004-408-37 containing right-of-way which is located at Blackstone Ranch Phase 1-A.  This parcel was offered for dedication during recordation of the final map, but the City deferred acceptance of the right-of-way.  Now that the street improvements have been constructed and City staff has determined that the right-of-way is built to City standards, acceptance of the dedication is recommended and must be accomplished by a separate resolution.

(End of Consent Agenda)

Ordinances, Resolutions, and Other Items

11.    Item(s) pulled from the Consent Agenda will be heard at this time.

12.    Parks and Recreation

 12.A   For Possible Action: Discussion and possible action regarding authorization to submit a nomination to the Bureau of Land Management's ("BLM") Southern Nevada Public Land Management Act of 1998 ("SNPLMA") Round 19 grant program in the amount of $2,310,000 for the Carson River Trails Phase IV - Riverview Trailhead Renovation, and authorization for the Director of the Carson City Parks, Recreation and Open Space Department ("Director") to sign the nomination and all documents related to the nomination on behalf of the City. (Gregg Berggren, gberggren@carson.org and Nick Wentworth, nwentworth@carson.org)

Staff Summary: The BLM is accepting nominations for Round 19 of the SNPLMA grant fund. Staff is proposing to submit a nomination under SNPLMA’s Parks, Trails and Natural Areas category for the Carson River Trails Phase IV - Riverview Trailhead Renovation.  Nominations are due on November 5, 2021.  No City match is required in the SNPLMA grant program.

13.    Public Works

 13.A   For Possible Action:  Discussion and possible action regarding authorization to submit three grant applications to the Nevada Division of Emergency Management ("NDEM") for the Hazard Mitigation Grant Program ("HMGP") for flood control projects in Carson City, and authorization for the Chief Stormwater Engineer to sign the applications and all documents related to the application on behalf of the City. (Randall Rice, RRice@carson.org and Robb Fellows; RFellows@carson.org)

Staff Summary:  The Carson City Public Works Department is requesting approval from the Board of Supervisors to submit three HMGP grant applications to NDEM for flood control projects in Carson City. The three grant applications would be for the planning, design, and construction of the Maxwell Detention Basin Project, Water Resource Recovery Facility ("WRRF") Flood Protection Project, and Upgrades to Emergency Alert Sites Project. The City's grant policy requires any grant application over $50,000 be approved by the Board of Supervisors before submission of the grant application. 

 13.B   For Possible Action: Discussion and possible action regarding an update on the affordable/workforce housing project at 3410 Butti Way, Assessor’s Parcel Number (“APN”) 010-037-04 (“Property”) and discussion of a proposed Development Agreement between Carson City and PalaSeek LLP, Oikos Development Corporation, and Sierra Flats Senior LP for development of the affordable/workforce housing project. (Dan Stucky, DStucky@carson.org) Late Material

Staff Summary:  Carson City owns the Property, and on January 17, 2019, the Board of Supervisors ("Board") directed staff to initiate diligence on conveying a portion of the Property under NRS Chapter 244 to a qualified developer for development of affordable/workforce housing. On December 5, 2019, the Board selected PalaSeek LLP’s proposed project as the only project for further pursuit and the negotiation of a Development Agreement. Since that time, PalaSeek LLP and its development partners have advanced the project significantly. Carson City, PalaSeek LLP, Oikos Development Corporation, and Sierra Flats Senior LP have drafted a Development Agreement to be reviewed and executed before any land transfer or construction of any project improvements. The Development Agreement is intended to set forth the specific requirements for development of the Property, including the number and kind of affordable housing units and binding affordability requirements benefitting future tenants. The Development Agreement is presented here for discussion and feedback from the Board, and a final version will be brought back before the Board at a future meeting.

14.    Recess as the Board of Supervisors

Redevelopment Authority

15.    Call to Order & Roll Call - Redevelopment Authority

16.    Public Comment:**
The public is invited at this time to comment on and discuss any topic that is relevant to, or within the authority of this public body.

17.    For Possible Action: Approval of Minutes - October 21, 2021

18.    City Manager

 18.A   For Possible Action: Discussion and possible action concerning a recommendation to the Board of Supervisors regarding the expenditure of $25,000 from the Fiscal Year ("FY") 2022 Redevelopment Revolving Fund to support various arts and culture special events. (Nancy Paulson, npaulson@carson.org; Hope Sullivan, hsullivan@carson.org)

Staff Summary: The Redevelopment Authority annually funds arts and culture special events from a portion of the Revolving Fund. The Carson City Cultural Commission received a total of $30,000 in arts and culture special event funding requests, and a total of $25,000 has been allocated in the FY 2022 budget for those activities. Application requests include: $10,000 for Brewery Arts Center's Snoopy and the Red Baron Traveling Exhibition; $5,000 for Capital City Arts initiative's Art Exhibitions; $5,000 for Carson City Symphony's Concert Series; $5,000 for Pinkerton Ballet Theatre dba Nevada Dance Company's Nutcracker Ballet; and $5,000 for Proscenium Players' Live Theater. All expenditures from the Redevelopment Revolving Fund must be authorized by Resolution of the Board of Supervisors upon recommendation from the Redevelopment Authority.

19.    Public Comment:**
The public is invited at this time to comment on any matter that is not specifically included on the agenda as an action item.  No action may be taken on a matter raised under this item of the agenda.

20.    For Possible Action: To Adjourn as the Redevelopment Authority

21.    Reconvene as the Board of Supervisors

22.    City Manager

 22.A   For Possible Action: Discussion and possible action regarding a proposed resolution authorizing the expenditure of $25,000 from the Fiscal Year ("FY") 2022 Redevelopment Revolving Fund to support various arts and culture special events as an expense incidental to the carrying out of the Redevelopment Plan. (Nancy Paulson, npaulson@carson.org; Hope Sullivan, hsullivan@carson.org)

PURSUANT TO NRS 279.628, THIS RESOLUTION MUST BE ADOPTED BY A TWO-THIRDS VOTE OF THE BOARD OF SUPERVISORS.

Staff Summary: The Redevelopment Authority annually funds arts and culture special events from a portion of the Revolving Fund. The Carson City Cultural Commission received a total of $30,000 in arts and culture special event funding requests, and a total of $25,000 has been allocated in the FY 2022 budget for those activities. Application requests include: $10,000 for Brewery Arts Center's Snoopy and the Red Baron Traveling Exhibition; $5,000 for Capital City Arts initiative's Art Exhibitions; $5,000 for Carson City Symphony's Concert Series; $5,000 for Nevada Dance Company's Nutcracker Ballet; and $5,000 for Proscenium Players' Live Theater. All expenditures from the Redevelopment Revolving Fund must be authorized by resolution of the Board of Supervisors upon recommendation from the Redevelopment Authority.  NRS 279.628 permits the expenditure of money from the Redevelopment Revolving Fund for the purpose of any expenses necessary or incidental to the carrying out of Redevelopment Plans.

 22.B   For Possible Action: Discussion and possible action regarding Carson City’s Indigent Defense Services Plan ("Plan"), a plan required by Nevada Revised Statutes ("NRS") 260.070 for the provision of legal services to persons accused of certain crimes who are unable to afford an attorney. (Nancy Paulson, npaulson@carson.org, and Max Cortes, mcortes@carson.org)Late Material

Staff Summary: Carson City is required, under NRS 260.070, to provide an annual report to the Nevada Department of Indigent Defense Services (“DIDS”), which must include Carson City’s Plan. While the full report is not currently due, DIDS promulgated temporary regulations requiring Carson City’s Plan to be submitted to DIDS by September 3, 2021. Carson City received an extension of time from DIDS to submit the Plan by November 4, 2021.

--LUNCH BREAK - RETURN 12:30 P.M. --

23.    City Manager

 23.A   For Possible Action: Discussion and possible action regarding the nomination of a single candidate for consideration at a future joint meeting of the Carson City Board of Supervisors ("Carson City Board") and the Washoe County Board of County Commissioners ("Washoe County Board") for possible appointment to fill an existing vacancy in the Senate seat for District 16 in the Nevada Legislature. (Nancy Paulson, npaulson@carson.org)

Staff Summary: Nevada State Senator Ben Kieckhefer recently resigned from his Senate seat, which represents District 16 in the Nevada Legislature. Because District 16 is comprised of both Carson City and portions of Washoe County, state law requires the Carson City Board and the Washoe County Board to first meet separately to each determine a single candidate to nominate to fill the vacancy, and then to meet jointly to appoint a person to the position. Applications were received from Melissa T Clement, Jessica G. Glover, Rew Robert Goodenow, Steven Guerrazzi, Ronald W. Haslem, Lisa Krasner, Maxine H. Nietz, Heidi Palmer, Larry Peyton, Tracy Dawn Smith, Donald Tatro, Jeffrey Thiede, Robert L. Weise.

24.    Board of Supervisors

Non-Action Items:
Future agenda items
Status review of projects
Internal communications and administrative matters
Correspondence to the Board of Supervisors
Status reports and comments from the members of the Board
Staff comments and status report 

Closed Non-Meeting to Confer with Management Representatives and Counsel:
Following a recess or adjournment, the Carson City Board of Supervisors may gather to meet with its management representatives or to receive information from an attorney employed or retained by the City regarding potential and/or existing litigation involving matters over which the public body has supervision, control, jurisdiction or advisory power and to deliberate toward decisions on the matters.

25.    Public Comment:**
The public is invited at this time to comment on and discuss any topic that is relevant to, or within the authority of this public body.

26.    For Possible Action:  To Adjourn

**PUBLIC COMMENT LIMITATIONS - The Mayor and Supervisors meet at various times as different public bodies: the Carson City Board of Supervisors, the Carson City Liquor and Entertainment Board, the Carson City Redevelopment Authority, and the Carson City Board of Health. Each, as called to order, will provide at least two public comment periods in compliance with the minimum requirements of the Open Meeting Law prior to adjournment. Public comment will be taken at the beginning of the agenda before any action is taken and again at the end before adjournment. No action may be taken on a matter raised under public comment unless the item has been specifically included on the agenda as an item upon which action may be taken. The Mayor, Mayor Pro-Tem or Chair may call for or allow additional individual-item public comment at the time of the body’s consideration of the item when: (1) the comment will be provided from a person who is directly involved with the item, such as City staff or an applicant; or (2) it involves any person’s or entity’s due process appeal or hearing rights provided by statute or the Carson City Municipal Code. Comments will be limited to three minutes per person to facilitate the efficient conduct of a meeting and to provide reasonable opportunity for comment from all members of the public who wish to speak.

Agenda Management Notice - Items on the agenda may be taken out of order; the public body may combine two or more agenda items for consideration; and the public body may remove an item from the agenda or delay discussion relating to an item on the agenda at any time.

Titles of agenda items are intended to identify specific matters. If you desire detailed information concerning any subject matter itemized within this agenda, you are encouraged to call the responsible agency or the City Manager’s Office. You are encouraged to attend this meeting and participate by commenting on any agendized item.

Notice to persons with disabilities: Members of the public who are disabled and require special assistance or accommodations at the meeting are requested to notify the City Manager’s Office in writing at 201 North Carson Street, Carson City, NV, 89701, or by calling (775) 887-2100 at least 24 hours in advance.

To request a copy of the supporting materials for this meeting contact Rachael Evanson at revanson@carson.org or call (775) 887-2100.

This agenda and backup information are available on the City’s website at www.carson.org/agendas and at the City Manager’s Office - City Hall, 201 N. Carson Street, Ste 2, Carson City, Nevada (775) 887-2100.

This notice has been posted at the following locations:
City Hall 201 North Carson Street
www.carson.org/agendas
http://notice.nv.gov