10/20/2022 Agenda with Supporting Materials

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CARSON CITY CONSOLIDATED MUNICIPALITY
REVISED* NOTICE OF MEETING OF THE
BOARD OF SUPERVISORS

 

Day:                Thursday
Date:               October 20, 2022
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:
Members of the public who wish to view the meeting 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. Public comment during a meeting is limited to three minutes for each speaker.

1.    Call to Order - Board of Supervisors

2.    Roll Call

3.    Invocation - Ken Haskins, First Christian Church

4.    Pledge of Allegiance

5.    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.

6.    For Possible Action:  Approval of Minutes - September 15, 2022

7.    Special Presentations

 7.A   Presentation of a proclamation recognizing October 18, 2022 as Carson City Host Lions Day.

 7.B   Proclamation and presentation of the Employee-of-the-Quarter award to Edgar Macias, Juvenile Probation Officer.  (Melanie Bruketta, mbruketta@carson.org)

Staff Summary: The Employee-of-the-Quarter program recognizes outstanding employees whose efforts have helped the City achieve the strategic goals adopted by the Board of Supervisors and who have demonstrated an effort to fulfill the City's mission, vision and values. 

 7.C   Presentation of Length of Service certificates to City Employees. (Alana Mills, amills@carson.org)

Staff Summary: Every month the Board of Supervisors presents Length of Service certificates to employees who have completed 5, 10, 15, 20, 25 and 30 years of City service.

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.    City Manager

 8.A   For Possible Action: Discussion and possible action on ratifying the approval of bills and other requests for payments by the City Manager for the period of September 2, 2022 through October 7, 2022.  (Nancy Paulson, npaulson@carson.org)

Staff Summary:  Pursuant to Carson City Municipal Code ("CCMC") Chapter 2.29, the Controller will present all bills or other requests for payment by the City to the City Manager for approval. Upon approval, the register book of bills and other requests for payment and warrants are presented at least once a month to the Board of Supervisors, who shall, by motion entered into its minutes, ratify the action taken.

9.    Community Development

 9.A   For Possible Action: Discussion and possible action regarding a request from Robertine T Benson, Trustee of the Benson Family Trust (“Applicant”) for a Historic Tax Deferment on property zoned Residential Office (“RO”), located within the Historic District at 402 S Division Street, Assessor’s Parcel Number (“APN”) 003-128-02. (Heather Ferris, hferris@carson.org)

Staff Summary:  The subject property is eligible for the Open Space Use Assessment, commonly known as the Historic Tax Deferment, as a result of its conformance to specific standards and its historical status in Carson City.  There has been a change in ownership and the owner is seeking to continue receiving the Historic Tax Deferment.  The Historic Resources Commission (“HRC”) recommends approval of the request.

10.    Finance

 10.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 6, 2022, 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.

11.    Purchasing and Contracts

 11.A   For Possible Action: Discussion and possible action regarding a determination that FW Carson Co (“FWC”) is the lowest responsive and responsible bidder pursuant to Nevada Revised Statutes (“NRS”) Chapter 338 and whether to award Contract No. 23300223 (“Contract”) to FWC to perform the Fiscal Year (“FY”) 2022 RACC Downtown Sidewalks Project (“Project”) to construct sidewalks and pedestrian ramps in compliance with the Americans with Disabilities Act (“ADA”) in Redevelopment Area 1 for a total amount not to exceed $394,364.39. (Carol Akers, cakers@carson.org and Randall Rice, rrice@carson.org)

Staff Summary:  This Project will improve the connectivity to community services and businesses in Redevelopment Area 1 by reconstructing deteriorated sidewalks and non-ADA compliant pedestrian ramps and constructing new sidewalks and ramps in areas without existing facilities. The solicitation for the Project included two additive alternative options where, at the City’s discretion, the Project area could be expanded. Staff recommends the base bid and no additive alternatives for award. The not to exceed amount of $394,364.39 comprises the base bid amount of $358,513.08 plus a 10 percent contingency of $35,851.31. The engineer’s estimate for the Project was $230,000. Funding from the FY 2022 and FY 2023 Redevelopment Revolving Fund for Sidewalk and ADA Improvements was approved by the Redevelopment Authority and the Board of Supervisors (“Board”).

12.    Treasurer

 12.A   For Possible Action: Discussion and possible action regarding the Treasurer’s monthly statement of all money on deposit, outstanding checks and cash on hand for September 2022 submitted per Nevada Revised Statutes ("NRS") 354.280. (Andrew Rasor, arasor@carson.org)

Staff Summary: NRS 354.280 requires the Treasurer to keep a record of the source and amount of all receipts, apportionments to, payments from and balances in all funds and to submit to the Board of Supervisors each month a statement containing that information for the previous month. The Treasurer must report the balance in each county, state and special fund, together with a statement of all money on deposit, outstanding checks against that money and cash on hand.

(End of Consent Agenda)

Ordinances, Resolutions, and Other Items

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

14.    City Manager

 14.A   For Possible Action: Discussion and possible action regarding the nomination of Robert Johnston for reappointment to serve on the Board of Directors of the Nevada Clean Energy Fund ("NCEF") for a three-year term ending on October 31, 2025. (Nancy Paulson, npaulson@carson.org) Late Material

Staff Summary: One of NCEF’s nine board members is appointed by the Governor from a list of the nominees submitted by the boards of county commissioners of the counties in Nevada outside of Clark and Washoe Counties. Mr. Johnston's current term is set to end on October 31, 2022, and he has requested nomination for another term. 

 14.B   For Possible Action: Discussion and possible action: (1) regarding a business impact statement concerning a proposed ordinance repealing the Carson City building permit enterprise fund advisory committee; and (2) to introduce, on first reading, a proposed ordinance repealing the Carson City building permit enterprise fund advisory committee.  (Nancy Paulson, npaulson@carson.org)

Staff Summary: This item is for the first reading of a proposed ordinance which, if enacted, will repeal the Carson City building permit enterprise fund advisory committee ("Advisory Committee").  NRS 237.080 requires a business impact statement to be prepared whenever an ordinance by the adoption of which the governing body of a local government exercises legislative powers.  The business impact statement finds that the proposed ordinance will not impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business.

 14.C   For Possible Action:  Discussion and possible action: (1) regarding a business impact statement concerning a proposed ordinance repealing various provisions relating to the Shade Tree Council; and (2) to introduce, on first reading, a proposed ordinance repealing various provisions relating to the Shade Tree Council.  (Nancy Paulson, npaulson@carson.org)

Staff Summary: The Shade Tree Council was previously repealed by ordinance after the adoption of Ordinance No. 2021-6 on April 15, 2021.  This item is for the first reading of a proposed ordinance which, if enacted, will repeal remaining provisions of the Carson City Municipal Code ("CCMC") which reference the Shade Tree Council and also make various other conforming and clerical changes.  NRS 237.080 requires a business impact statement to be prepared whenever an ordinance by the adoption of which the governing body of a local government exercises legislative powers.  The business impact statement finds that the proposed ordinance will not impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business.

15.    Purchasing and Contracts

 15.A   For Possible Action: Discussion and possible action regarding Conflict Counsel Attorney Services Contract No. 20300003-B for the provision of conflict counsel services in the First Judicial District Court and the Carson City Justice/Municipal Court and for services to assign indigent defense cases to conflict counsel or private attorneys under Carson City’s Indigent Defense Plan (“Plan”) from November 1, 2022 through June 30, 2023 in the amount of $14,583.34 per month for conflict counsel services and an additional $13,350, for case assignment services on an hourly basis, not to exceed 12 hours per week, for a total not to exceed amount of $130,016.72, to be awarded to one of the following attorneys: Maria E. Pence or John George.  (Carol Akers, cakers@carson.org and Nancy Paulson, npaulson@carson.org)

Staff Summary:  Carson City previously contracted with Walter B. Fey to provide conflict counsel services to indigent defendants.  Mr. Fey recently resigned, effective September 30, 2022.  Carson City advertised the position and received letters of interest and resumes from two applicants.  The Board of Supervisors (“Board”) may award the contract to any applicant who submitted a letter of interest.  Staff recommends awarding the contract to Maria E. Pence.

16.    Community Development

 16.A   For Possible Action: Discussion and possible action regarding an application from Bates Homes ("Applicant") for a final subdivision map known as Little Lane Village Phase 2, a common open space development, resulting in the creation of 52 single family residential lots, common areas, public and private streets and a 5.75 acre remainder parcel on an ±11.57 acre site zoned Multi-family Duplex ("MFD"), located on the north side of Little Lane and west of South Saliman Road, Assessor's Parcel Numbers ("APNs") 004-021-17 and -18 (SUB-2022-0026).  (Heather Manzo, hmanzo@carson.org)

Staff Summary: The Board of Supervisors ("Board") granted approval of the tentative subdivision map ("TSM") for Little Lane Village, a 149-unit single family subdivision, on September 19, 2019.  Development of the project is anticipated to occur in 3 phases.  Phase 1 consisted of 44 units.  The applicant has commenced construction of the site improvements and has recorded a final map for Phase 1 on February 5, 2021.  Phase 2 consists of 52 units.  The applicant has obtained a site improvement permit for Phase 2 and has commenced construction of these improvements.  Upon Board approval and recordation of Phase 2 there will be 53 remaining units based upon the approved tentative map.   To the extent that improvements are not completed, the developer has provided a subdivision improvement performance bond.  Per Carson City Municipal Code ("CCMC") 17.06.005, the Board has the authority to approve a final map and may direct that the map be recorded and entered as a legal document in the records of Carson City.

*16.B   For Possible Action: Discussion and possible action regarding a request from Roseview Townhomes, LLC and Carson City (“Applicants”) for an amendment to Tentative Subdivision Map SUB-2021-0215, to modify condition 17, as private water mains are no longer desirable, and eliminate condition 24 and modify condition 26, as a variance is no longer required, on property zoned Neighborhood Business Planned Unit Development (“NB-P”), located at 1147 W College Parkway, Assessor’s Parcel Numbers (“APNs”) 007-462-16 and 007-462-17.  (Heather Ferris, hferris@carson.org).

Staff Summary:  On August 19, 2021, the Board of Supervisors (“Board”) approved Tentative Subdivision Map SUB-2021-0215 subject to 27 conditions of approval, including condition 17 which requires the water main to be private and the line to be master metered.  The Applicants are now seeking to modify this condition as it has proven to be undesirable to both the developer and the City.  Additionally, staff is seeking to eliminate condition 24 and modify condition 26 as a recent zoning map amendment to the adjacent John Mankins Park makes the variance unnecessary.  The Board is authorized to approve amendments to a Tentative Subdivision Map following a recommendation from the Planning Commission.

 16.C   For Possible Action: Discussion and possible action regarding a request from Sarah Martin (the “Applicant”) to introduce, on first reading, a proposed ordinance revising the definition of "hotel", decreasing the number of required guest rooms and providing other revisions thereto.  (Hope Sullivan, hsullivan@carson.org)

Staff Summary: The Applicant is proposing to amend Carson City Municipal Code (“CCMC”) 18.03.010 to change the definition of hotel from a building containing six or more guest rooms to a building containing three or more guest rooms.  Staff has proposed additional revisions to update and clarify the definition of hotel consistent with the ongoing efforts to revise CCMC Title 18.  Per CCMC 18.02.075, the Planning Commission conducts a public hearing and makes a recommendation to the Board of Supervisors (“Board”) regarding a request for a zoning code amendment.  The Board is authorized to amend the CCMC. Pursuant to Nevada Revised Statutes ("NRS") Chapter 237, a business impact statement is not required to be prepared with this ordinance.

 16.D   For Possible Action: Discussion and possible action regarding a request from Carson City Holdings LLC (“Applicant”) to introduce, on first reading, a proposed ordinance adding a brewery with a tasting room to the list of conditional uses in the Tourist Commercial zoning district.  (Hope Sullivan, hsullivan@carson.org) 

Staff Summary: The Applicant is proposing to amend Carson City Municipal Code (“CCMC”) 18.04.140 to allow breweries with tasting rooms in the Tourist Commercial zoning district.  Per CCMC 18.02.075, the Planning Commission conducts a public hearing and makes a recommendation to the Board of Supervisors (“Board”) regarding a request for a zoning code amendment.  The Board is authorized to amend the CCMC.  Pursuant to Nevada Revised Statutes ("NRS") Chapter 237, a business impact statement is not required to be prepared with this ordinance.

17.    Fire

 17.A   For Possible Action:  Discussion and possible action regarding the Carson City Fire Department’s (“CCFD's”) share of a regional grant award from the Federal Emergency Management Agency’s (“FEMA's”) Assistance to Firefighters Grant (“AFG”) in the amount of $392,727.27, with a local match obligation not to exceed $39,272.73, to purchase 56 self-contained breathing apparatus (“SCBA”) units and 24 additional SCBA masks. (Aaron Lowe, alowe@carson.org)

Staff Summary:  The North Lake Tahoe Fire Protection District (“NLTFPD”) acted as the lead agency for a regional AFG application, which included CCFD. FEMA recently notified NLTFPD that the regional AFG application was approved, and CCFD’s share provides a total budget of $432,000 to purchase SCBA units and masks, with 90 percent of the funds ($392,727.27) coming from FEMA and 10 percent ($39,272.73) coming from local match. CCFD’s current SCBA’s are over ten years old and will be required to be replaced in 2024.

 17.B   For Possible Action: Discussion and possible action regarding direction from the Board of Supervisors (“Board”) on a request from the Professional Fire Fighters of Nevada Benevolent Association (“PFFN”) to incorporate Carson City’s World Trade Center Steel I-Beam (“Beam”), which is currently part of the City’s 9/11 Memorial in Mills Park (“City Memorial”) into a forthcoming memorial to the firefighters of the State being constructed at the Nevada State Capitol Complex (“State Memorial”). (Sean Slamon, sslamon@carson.org and Bryon Hunt, bhunt@carson.org)

Staff Summary:  Nevada Senate Bill (“SB”) 540 was enacted in 2017 and allows the PFFN to construct “a memorial to the firefighters of this State” at the Capitol Complex. PFFN has requested that the City consider moving the Beam to the State Memorial. The State Memorial is nearing completion, and its design would allow it to incorporate the Beam. Staff seeks direction regarding whether the Board is open to allowing the Beam to be used in the State Memorial and, if so, direction to perform appropriate due diligence for that transaction.

18.    Public Works

 18.A   For Possible Action: Discussion and possible action regarding the 30% design concepts for the East William Street Complete Streets Project (“Project”) and to authorize staff to advance to the 60% design stage. (Randall Rice, rrice@carson.org)

Staff Summary: This Project includes complete street improvements along East William Street between North Carson Street and the I-580/U.S. Highway 50 interchange, including pavement reconstruction and preservation, utility replacement, safety enhancements, undergrounding of overhead utilities and multi-modal transportation infrastructure. Staff will present the 30% level of design concepts that have been developed for the corridor based on the previous input and direction from the public and the Regional Transportation Commission (“RTC”). Staff will also discuss the overall status of the design improvements planned for the corridor.

19.    Board of Supervisors

Non-Action Items:
City Manager Update: 

 19.A   For Discussion Only: Discussion and presentation by the City Manager regarding an update on current City projects, activities and other items of interest to the Board of Supervisors and the community. (Nancy Paulson, npaulson@carson.org)

Staff Summary: The City Manager will present an update on current City projects, activities and other items of interest to the Board of Supervisors and the community. This will include an overview of Internal Finance Committee and Community Development activities, as well as upcoming City events.

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.

20.    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.

21.    For Possible Action:  To Adjourn

*Item number 16.B of this agenda notice has been revised and replaces the previous agenda title. Revised language is reflected in red.

**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. 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. Public comment will be limited to three minutes per speaker 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.  Testimony from a person who is directly involved with an item, such as City staff, an applicant or a party to an administrative hearing or appeal, is not considered public comment and is not subject to the three-minute time limitation. 

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 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