06-21-07 Agenda with Supporting Materials

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

Day:           Thursday
Date:          June 21, 2007
Time:         Beginning at 8:30 a.m.
Location:   Community Center, Sierra Room
                  851 East William Street
                  Carson City, Nevada

Agenda

Call to Order
Roll Call
Invocation -  Dick Campbell, Presbyterian Church, Retired
Pledge of Allegiance
Public Comments and Discussion: The public is invited at this time to comment on and discuss any item not on the agenda that is relevant to, or within the authority of, the Carson City Board of Supervisors, the Carson City Liquor and Entertainment Board and the Carson City Redevelopment Authority. No action may be taken on a matter raised under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action will be taken. Public comment during individual agenda items will be taken on the item at the time the item is called for hearing.

1.Action on Approval of Minutes

2. Changes to the Agenda

Liquor and Entertainment Board

Action on Approval of Minutes

3. District Attorney

Action based upon the investigation conducted by the Sheriff's Department, and evidence and testimony presented at the Show Cause Hearing to determine whether grounds exist to revoke the liquor license or to take other action on the liquor license issued to Bhupinder Lally, dba Winnie Liquor, and if so, action to direct the District Attorney to prepare an order for revocation.

Staff Summary: This is the time and place set by the Liquor Board to hear and consider evidence and testimony on whether to issue a revocation order of the liquor license held by Bhupinder Lally. Since the order to Show Cause is a directive to the Mr. Lally as to why the license issued by the Liquor Board should not be revoked the Board, Mr. Lally should present his case first. Mr. Lally or a representative may make an opening argument followed by the Deputy District Attorney's opening argument. Mr. Lally or a representative may then present witnesses and their witnesses will then be subject to cross examination. The Deputy District Attorney will then present witnesses who will be subject to cross examination. The Board can then entertain closing argument from each side and make its decision.

Board of Supervisors

4. 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 or any citizen 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.

4-1. District Attorney

Action to approve an agreement for professional services between Carson City and the law firm of Lewis S. Taitel to provide service to the City in the capacity of Special Deputy District Attorney until his appointment is revoked, and for an amount not to exceed $10,000 for the period July 1, 2007 through August 21, 2007.

4-2. Sheriff

A) Action to approve the acceptance of the FY08 Enforcing Underage Drinking Laws grant in the amount of $15,000.00.

Staff Summary: The Nevada State Juvenile Justice Programs Office awards grant funds to state and local units of government for a wide variety of programs which are designed to reduce alcohol use among juveniles.

B) Action to approve the acceptance of Project No. 97073HL5, DHS/FFY05 State Homeland Security grant in the amount of $22,690.08.

Staff Summary: The Department of Homeland Security has awarded the Carson City Sheriff=s Office with funding that will provide for the purchase of ballistic vests with accouterments and tactical equipment.

4-3. Health & Human Services

Action to approve a grant award in the amount of $151,037 from the Nevada Department of Human Resources, Health Division, for funds to support nursing activities at the Carson City Community Health Clinic.

Staff Summary: This grant will be used, through a private provider, to provide community health nursing activities at the Carson City Community Health Clinic (CCCHC).

4-4. Purchasing and Contracts

A) Action to approve Amendment No. 2 for Contract No. 0405-076 the renewal of the contract through June 30, 2008 for Ambulance Billing Services with Advanced Data Processing, Inc.

Staff Summary: Amendment No. 2 will extend the contract through June 30, 2008.

B) Action to approve the renewal of Contract No. 0506-088 to Sierra Electronics through June 30, 2008 at the same prices, terms, and conditions as originally awarded on December 15, 2005 providing Carson City's approved funding and purchasing procedures are followed.

Staff Summary: Contract No. 0506-088 will expire on June 30, 2007 and has been used by Fleet Services to install electronic equipment and other appurtenances when the City purchases new emergency vehicles.

C) Action to approve the extension of Contract No. 0607-021 Joinder Contract with Metta Technologies, Inc. through City of Tucson, Arizona to purchase portable litter fencing through June 6, 2008 providing Carson City's approved funding and purchasing procedures are followed.

Staff Summary: Public Works has requested the use of this contract to purchase portable fences which will help minimize blowing litter at the Landfill and which is a condition of the City's Landfill Operating Permit issued by the Nevada Division of Environmental Protection. The fences feature all steel construction and are 14 feet 4 inches high by 24 feet in length. These portable fences can be moved by any equipment from a front-end loader to a D-9 dozer and are designed to withstand winds to over 70 miles per hour.

D) Action to find that John Bower, M.D. is qualified to serve as the Carson City Health Officer; to appoint John Bower, M.D. as the Carson City Health Officer pursuant to NRS 439.290 and NRS 439.300; to set the compensation of the Health Officer at a not to exceed amount of $15,000.00 per year; to determine that Contract No. 0708-016 is a contract for professional services and therefore not suitable for public bidding pursuant to NRS 332.115; and to approve Contract No. 0708-016 a request for professional services to be provided by John Bower, M.D. as the City's Health Officer for the Health and Human Services Department through December 31,2008 for a not to exceed cost of $22,500.00 from the CDC Public Health Preparedness Grant.

Staff Summary: Per the Nevada Revised Statutes a board of health was created (NRS 438.280 and CCMC Section 9.01.030) and John Bower M.D. was appointed the City's Health Officer (NRS 438.290 and CCMC Section 9.01.040) through June 30, 2007. His term for appointment must be renewed every two (2) years, unless a successor has been qualified and appointed (NRS 438.290 and CCMC Section 9.01.040). Carson City Health and Human Services is confident that Dr. Bower's experience, training, and commitment to public health will enable him to continue to successfully provide this service for Carson City.

E) Action to approve Intrastate Interlocal Contract between Public Agencies, a Contract between the State of Nevada Department of Information Technology (DoIT) and Carson City Information Technology, to provide ASilverNet@ the State of Nevada's enterprise digital wide area network operated by DoIT at a cost of $357.70 per month through June 30, 2008 and $386.57 per month through June 30, 2009 from the General Fund. (File 0708-023)

Staff Summary: The City's connections to the State SilverNet network have become a vital part of the City's overall data communications infrastructure. This alliance with the State affords the City tremendous flexibility and opportunity and is becoming more important as our relationships with State agencies grow.

F) Action to determine that Contract No. 0708-030 is a contract for professional services and therefore not suitable for public bidding pursuant to NRS 332.115 and to approve contingent upon the approval & acceptance of a grant from the Nevada Department of Human Resources, Health Division Contract No. 0708-030 a request for professional services to be provided by Physician Select Management, LLC to provide community health nursing activities for the Carson City Community Health Clinic for Fiscal Year 2007/2008 in the amount of $151,037.

Staff Summary: Contract No. 0607-006 with Physician Select Management, LLC will expire on 6/30/07.

4-5. Public Works - Contracts

A) Action to accept Public Works recommendation on the "2007 Water Rights Assistance" project, Contract #2006-104 and authorize Public Works to issue payments to for an Amendment No.1 amount of $50,000.00 from the Water/Professional Services Account as provided for in FY06/07.

Staff Summary: This contract is to amend a 2006 contract with Resource Concepts, Inc which hired to provide assistance to staff for maintaining the city's water rights with the State Engineer and for filing appropriate water applications as are necessary from time to time. This contract extends the service through FY 2007/2008.

B) Action to accept Public Works recommendation on the "Carson City Freeway Phase 2A Utility Relocations-Fifth Street, Linear Ditch to Butti Way Construction Engineering Services" Contract No. 2006-192 and to authorize Public Works to issue payments to The Louis Berger Group, Inc., located at 500 Amigo Court, Suite 100, Las Vegas, Nevada 89119 for a contract amount not to exceed $36,388.22 from the Water and Sewer NDOT By-Pass Funds as provided for in FY 2006/2007. 

Staff Summary: Carson City is in the process of relocating their facilities as part of the Carson City Freeway Phase 2A Utility Relocation Project and the above described contract is necessary for the construction and relocation in Fifth St., Linear Ditch to Butti Way.

C) Action to accept the recommendation of Public Works to accept the work as completed, to accept the Contract Summary as presented, and approve this Release of Final Payment in the amount of $182,707.50 on the "Emergency Redrilling of Well 24 Project," Contract #2006-093, to WDC Exploration & Wells.

Staff Summary: Staff worked closely with the driller and hydro-geologist during the process to maximize the potential of this well, balancing capacity and quality. The emergency re-drilling of Well #24 has resulted in additional capacity at that site. This well will deliver approximately 35% more water as compared to its production prior to the collapse.

4-6. Development Services - Engineering

Action to approve and authorize the Mayor to sign the Notice of Completion of Improvement Agreement between Carson City and Summit Security Housing LLC for Heritage Park Phase 2 at Quail Run PUD, formerly known as Assessor's Parcel No. 009-769-04 located at the northwest corner of Fairview Drive and Saliman Road, Carson City, Nevada; Recorded No. 241111 of the official records of Carson City, Nevada and Adopted by the Board of Supervisors on September 16, 1999.

Staff Summary: Staff is requesting that the Board of Supervisors sign the Notice of Completion of Improvement Agreement between Carson City and Summit Security Housing LLC.

4-7. Finance

Action to approve the application to remove the uncollectible accounts receivable specified in the application from the records of the Ambulance Fund for a total amount of $288,480.82 in uncollectible accounts receivable out of estimated billings through June 30, 2007 of $5,300,000.

Staff Summary: NRS 354.256 requires that the County Auditor apply to the Board for permission to remove uncollectible accounts receivable from the records of the County.

(End of Consent Agenda)

Ordinances, Resolutions, and Other Items

5. City Manager

A) Discussion and update on 2007 Legislative matters.

Staff Summary: Mary Walker, Walker and Associates, will present an update on legislative issues and points of interest to the Board.

B) Action to approve an agreement between Carson City and Walker & Associates for governmental affairs services for Fiscal Year 2007/2008 in the amount of $40,000 from the General Fund.

Staff Summary: This contract will provide governmental services from Walker and Associates for the upcoming fiscal year. Mary Walker is uniquely qualified to provide these services as she has in depth knowledge of local government taxes and finance and served previously as Carson City's Finance Director.

6. Airport Authority

Action to approve and accept the 2007 Federal Aviation Administration Airport Improvement Grant in the approximate amount of $5,000,000.00.

Staff Summary: The FAA has processed the Carson City Airport application for federal funding and requires Carson City to approve and accept the grant offer. This grant will be used as the second of two payments on the acquisition of approximately 25 acres of land as part of the Airport Master Plan which will re-align the runway farther from the homes on the east side of the Airport.

7. Purchasing & Contracts

A) Action to determine that Contract No. 0708-026 is a contract for professional services and therefore not suitable for public bidding pursuant to NRS 332.115 and to approve Contract No. 0708-026 Conflict Counsel Attorney Services a request for professional services to be provided by the consortium of Kay Ellen Armstrong, J. Thomas Susich, and Robert B. Walker for Fiscal Year 2007/2008 in the amount of $332,024.16 from the General Fund and for Fiscal Year 2008/2009 in the amount of $341,984.88 from the General Fund.

Staff Summary: Contract #0304-067 Conflict Counsel Legal Services will expire on 6/30/07.

B) Action to determine that Contract No. 0708-027 is a sole source contract and a contract for the additions to and repair and maintenance of equipment which may be more efficiently added to and repaired and maintained by a certain person and therefore not suitable for public bidding pursuant to NRS 332.115 and to approve Contract No. 0708-027 a request for Communication Equipment Maintenance and Repair to be provided by Sierra Electronics through June 30, 2010 for a not to exceed cost of $256,303.74 for Fiscal year 2007/2008, $65,712.00 for Fiscal year 2008/2009, and $65,712 for Fiscal year 2009/2010 exempt from competitive bidding.

Staff Summary: This contract will provide the necessary emergency and routine repairs required to maintain the City's communications network.

8. Development Engineering

Action to approve and authorize the Mayor to sign an agreement between Gene and Julie Taylor and Carson City whereby Gene and Julie Taylor agree(s) to sell and convey all that certain real property described as Assessor's Parcel Number 002-134-04, for the appraised value of $215,000.00. 

Staff Summary: The Regional Transportation Commission recommended at their May 31, 2007 meeting that the Board of Supervisors approve the agreement between Gene and Julie Taylor and Carson City for the acquisition of real property necessary to construct roadway improvements for the extension of North Stewart Street. The subject property was appraised by Johnson and Perkins & Associates, Inc.

Redevelopment Authority

Action on Approval of Minutes

9. Office of Business Development

Discussion and action to have the Redevelopment Authority agree to match up to 50 percent of the cost of a proposed $65,000 contract now being considered by the Carson City Convention and Visitors' Bureau to engage the professional services of Roger Brooks, a principal of Destination Development, Inc, to develop a Carson City branding, development & marketing action plan.

Staff Summary: Roger Brooks and his company Destination Development, Inc. will provide the Carson City Convention and Visitors' Bureau an action plan that lead to the development of a unique brand that will help to attract new industry, additional tourists, new private investment and a revitalization of Carson City's downtown.

10. Finance

A) Action to adopt a resolution to augment and amend the Carson City Redevelopment Authority FY 2006-07 Budget in the amount of $204,147.

Staff Summary: The augmentation and revision is appropriating unanticipated revenues.

Board of Supervisors

B) Action to adopt a resolution to augment and amend the Carson City Redevelopment Authority FY 2006-07 Budget in the amount of $204,147.

Staff Summary: The augmentation and revision is appropriating unanticipated revenues.

C) Action to adopt a resolution to augment and amend the Carson City FY 2006-07 Budget in the amount of $20,514,743. 

Staff Summary: The augmentation and revision is primarily due to carryover of program costs from the prior years budget, board action over the past few months, federal and local grants and unforeseen or uncontrollable cost increases.

11. Parks and Recreation

Action to introduce on first reading, an ordinance amending the Carson City Municipal Code Title 17, by establishing Chapter 17.18 Landscape Maintenance Districts and repealing section 17.01.020, City Maintenance. Section 17.18.010, establishes the Purpose; section 17.18.020, establishes Authority; section 17.18.030, establishes Definitions; section 17.18.040, establishes Parks Director's Responsibilities; section 17.18.050, establishes Procedures for Applying to Create a Maintenance District; section 17.18.060, establishes Procedures for Review of Maintenance District Petitions; section 17.18.070, establishes Procedures for Establishment of the Board Approved Maintenance District; section 17.18.080, establishes Determination of Benefit and Cost Allocations Between Assessed Property and City; section 17.18.090, establishes Assessments; section 17.18.110, establishes Allocation of Public Money to Pay the Costs Incurred by Carson City in Assuming Maintenance; section 17.18.111, establishes Review and Dissolution of Maintenance District; and section 17.18.112, establishes Appeal Procedures. 

Staff Summary: Nevada Revised Statutes 278.4787 requires that the City adopt an ordinance to consider approval of petitions to create a Landscape Maintenance District submitted by developers who propose to divide land in Carson City for transfer or development into four or more lots. An existing section of the Carson City Municipal Code, section 17.01.020, provides for a developer to petition the City to maintain landscaping, public lighting and security walls. However, NRS 278.4787 requires that the ordinance also permit the City to assume the maintenance of trails, parks and open space. Additionally, the existing provisions of section 17.01.020 do not establish the procedures through which the City will review a petition. Pursuant to the provisions established by this ordinance, the petitions request the City to assume the maintenance of all of the required improvements located on the land. This proposed ordinance also establishes the procedures for making such requests and, if approved, for establishing and administering maintenance districts within Carson City.

12. Development Services - Planning

A) Action to introduce, on first reading, an ordinance amending Carson City Municipal Code Title 18, Zoning, Chapter 18.12, Growth Management, Section 18.12.015, Purpose, modifying the list of city resources that are routinely considered by the Growth Management Commission and the Board of Supervisors each year in recommending and establishing residential allocations, and others matters properly related thereto. (File ZCAB07-072)

Staff Summary: The proposed amendment would generally limit the Growth Management Commission to the review of the availability of water resources and sewer capacity in establishing yearly building limits, deleting "level of service" issues such as the staffing of city departments.

B) Action to approve an application for an Abandonment of Public Right-of Way from Greg Phillips of Tri State Surveying (property owners: Matlavage 2004 Family Trust and Ronald & Marsha Burgess) to abandon a 20 foot wide portion of public right-of-way on the east side of Pinion Hills Drive along the entire block between Camus Road and Elymus Road on property zoned Single Family One Acre (SF1A) located at 2149 & 2249 Pinion Hills Drive, APNs 010-104-01 and 010-104-03, and for the Mayor to sign the Order of Abandonment. (File AB-07B51) 

Staff Summary: This abandonment would result in each adjacent property owner receiving an additional 20 feet of property along their entire parcel frontage on Pinion Hills Drive.

C) Action to approve a moratorium from approving Adult Entertainment Facilities with the length of the moratorium being 90 days. The purpose for the moratorium is to revise CCMC Title 18, specifically 18.03.010 Definitions-Adult Entertainment Facilities. (File MISC-07-092)

Staff Summary: The purpose for this action is to place a 90 day moratorium for approving Adult Entertainment Facilities, and time to revise CCMC Title 18.03.010 Definitions-Adult Entertainment Facilities.

D) Action to approve a Tentative Subdivision Map from Lumos Engineering for C & D Developers, LLC (property owner: Carson City) to allow 22 separate units within 4 hangars that are currently under construction on property zoned public Regional (PR) located at 2600 E. College Parkway, Carson City Airport, Lease Parcel 219A, APN 008-901-01. (File TSM-07-060)  Section 1     Section 2

Staff Summary: This Tentative Subdivision Map is a request to allow the applicant to parcel the four previously approved hangars into 22 individual units. The unit owners will "own" the airspace within the units. The subdivision must be in compliance with Nevada Revised Statutes 116 (Common Interest Ownership Uniform Act).

-- LUNCH BREAK --

RETURN -- APPROXIMATE TIME -- 1:30 P.M.

13. City Manager

A) Action to appoint one member to the Library Board of Trustees for a four year term expiring June 2011.

Staff Summary: Carson City Resolution 2000-R-42 and NRS 379.020 provide for the Board of Supervisors to appoint five competent persons who are residents of the county to serve as county library trustees. There is one vacancy for a four year term due to an existing member's term expiring.

B) Action to approve an agreement between Carson City and Brewery Arts Center to provide public, education and governmental access programming and services from July 1, 2007 through June 30, 2010.

Staff Summary: The current agreement with Brewery Arts Center (BAC) expires on June 30, 2007. This agreement provides for continued operation of our community access television stations within the limits of funding that has been negotiated with Charter Communications and is set out in extension of their franchise agreement.

C) Action to adopt, on second reading, Bill No. 114 an ordinance amending Carson City Municipal Code Chapter 2.16, Carson City Parks and Recreation Commission, Section 2.16.050 Duties and Responsibilities, by removing language that limits the Parks and Recreation Commission to making recommendations regarding only the Parks and Recreation Department's Capital Budgets, and other matters properly related thereto.

Staff Summary: Supervisor Pete Livermore has asked that any limitations regarding review of budgets be removed from the list of duties for the Parks and Recreation Commission. Recommendations regarding the annual budget by the Parks and Recreation Commission was limited to Capital per a recommendation from a prior internal audit. The Commission has consistently provided guidance and recommendations regarding the annual Capital Budget. Over the past few years, the operating budget was not presented. This year, upon request by Supervisor Livermore, staff presented the operating budget to the Parks and Recreation Commission. As with all items before the Parks and Recreation Commission, actions can only be made to recommend that certain actions be made by the Board of Supervisors. With this change in CCMC, this would include the annual operating as well as the capital budgets.

D) Action to approve a cost of living increase for unclassified personnel, effective July 1, 2007, pursuant to Resolution 2001-R-6 as amended.

Staff Summary: Resolution 2001-R-6 provides for annual cost of living increases on July 1st of each year at an amount equal to CPI or equal to that amount included in negotiated labor contracts. Based upon current collective bargaining agreements and negotiations of open contracts to date, staff recommends a 3% cost of living adjustment effective July 1, 2007.

E) Discussion and possible action to set the annual salary of the Board of Supervisors as provided for in Senate Bill 516, whereby the Board may by a vote of at least a majority of all the members of the Board, to approve an increase not to exceed 4 percent.

Staff Summary: The Mayor and Board of Supervisors are included in SB 516. This bill provides that the Board must take action to increase their salary, and that the action is limited to a 4% increase.

14. Office of Business Development

Presentation and overview of current and future activities of the Office of Business Development.

Staff Summary: Joe McCarthy, Manager of the Office of Business Development will be updating the Board on their operations.

15. Board of Supervisors

Non-Action Items:
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

16. Action to Adjourn

Copies of information related to the above items can be viewed at the reference desk at the Carson City Public Library.

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."

This meeting can be viewed on Channel 26. For specific dates and times - www.bactv.org.

This notice has been posted at the following locations:

Community Center  851 East William Street
Public Safety Complex  885 East Musser Street
City Hall  201 North Carson Street
Carson City Library  900 North Roop Street

Date:  June 14, 2007

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