06-19-08 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

Day:          Thursday
Date:         June 19, 2008
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 - Bruce Kochsmeier, First Presbyterian Church
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

3. Presentation

Presentation of a proclamation dedicating and renaming Carson City Fire Station #1 the "Chief Les Groth Memorial Station."

(Recess as Board of Supervisors)

Liquor and Entertainment Board

Call to Order & Roll Call

Action on Approval of Minutes

4. Development Services - Business License

A) Action to approve a packaged liquor license for Malkit Singh, (liquor manager: Malkit Singh) dba Tip Top Market and Discount Liquor, located at 1501 Fairview Dr., #7, Carson City. 

Staff Summary: Per CCMC 4.13 all liquor license requests are to be reviewed by the Liquor Board.

B) Action to approve a full liquor license for Carlos Caro, (liquor manager: Carlos Caro) dba Las Palmitas Restaurant, located at 1939 N. Carson St., Carson City.

Staff Summary: Per CCMC 4.13 all liquor license requests are to be reviewed by the Liquor Board.

C) Action to revoke a packaged beer and wine liquor license for Dung So Troung and Ly Siek Truong dba Laundry Lounge, at 1300 E. Fifth St., Carson City, Nevada 89701, Liquor License #08-10705 based on documentation provided by the Sheriff's Office that the operation of the Laundry Lounge is detrimental to the public's health, safety, and welfare interests. The establishment failed to act by the licensee, its agents, or employees in connection with the operation of the liquor business which violates a State or Federal crime statute or a Carson City Criminal Ordinance pursuant to CCMC 4.13.140(2) and that the establishment sold liquor to person(s) under 21 years of age, in violation of CCMC 4.13.140(8). 

Staff Summary: The Liquor Board can take disciplinary action and the Sheriff's Office will present documentation and grounds for the license's revocation regarding the protection of the public's health, safety and welfare.

Action to Adjourn

Board of Supervisors

5. 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.

5-1. Development Services - Planning

Action to approve a request from Stephen A. Brenneman and Cynthia A. Brenneman for Historical Tax Deferment Status on property located within the Historical District, 609 Elizabeth Street, APN 003-274-02 (Bliss Mansion). File HRC-08-051.

Staff Summary: The subject property is eligible for the Open Space Use Assessment Historic Tax Deferment as a result of its conformance to specific standards and its historical status in Carson City.

5-2. 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 $275,630.81 in uncollectible accounts receivable out of estimated billings through June 30, 2008 of $5,850,000.

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

5-3. Purchasing and Contracts

A) Action to determine that Contract No. 0809-047 is a contract for the services of a professional engineer; that the selection was made on the basis of the competence and qualifications of the engineer for the type of services to be performed and not on the basis of competitive fees; and therefore not suitable for public bidding pursuant to NRS 625.530; and to approve Contract No. 0809-047 with BHC Consultants, LLC to provide engineering, environmental, & permitting assistance at the Carson City Sanitary Landfill through June 30, 2010 for a not to exceed cost of $150,000 to be funded from Landfill Professional Services 101-6804-441-0309 as provided in FY 2008/2009 and FY 2009/2010.

Staff Summary: For Engineering, Environmental, & Permitting Assistance at the Carson City Sanitary Landfill, staff recommends BHC Consultants. A Request for Qualifications was issued for engineering, environmental, & permitting assistance at the Carson City Sanitary Landfill in March, 2008 with responses received from five (5) firms. A review and selection committee, consisting of Public Works staff reviewed the proposals and selected two (2) consulting firms to be on Carson City's On Call List. As a result, the committee has selected BHC Consultants, LLC and Stantec Consulting Inc. as the most qualified firms to provide engineering, environmental, & permitting assistance at the Carson City Sanitary Landfill. All work will be authorized by task orders.

B) Action to approve Amendment No. 1 for Contract No. 0708-030 Community Health Clinic increasing the consideration from $151,037 to $166,037 to be funded 80% from Clinic Revenues 101-6800-441-0350 and 20% from Vaccination Revenue 101-6800-441-0698 as provided in FY 2007/2008.

Staff Summary: The consideration for Contract No. 0708-030 Community Health Clinic was computed using a three (3) day work week and the increase to a five (5) day work week has increased the costs for personnel.

C) Action to determine that Playscapes Construction, Inc. is the lowest responsive and responsible bidder pursuant to NRS Chapter 332 and to award Contract No. 0809-001 Mechanical Fuels/Vegetation Treatment to Playscapes Construction, Inc. at the rate of $415 per acre for the treatment of full acre, $150 per hour for treatment for mosaic fuels based on a minimum of four (4) hours of work per day, $185 per equipment move-in, and $185 per equipment move-out through June 30, 2013 with the option to renew for five (5) years subject to negotiation.

Staff Summary: This contract will provide mechanical removal of brush, grasses, and trees for the purpose of constructing defensible space to protect various locations from the threat of a wildland fire. No funds have been budgeted for this service for FY 2008/2009, however, when funds do become available, this contract will be used on an as-needed basis.

D) Action to determine that Contract No. 0809-060 is a contract for the services of a professional engineer, that the selection was made on the basis of the competence and qualifications of the engineer, for the type of services to be performed and not on the basis of competitive fees; and therefore not suitable for public bidding pursuant to NRS 625.530; and to approve Contract No. 0809-060 with Resource Concepts, Inc. to provide water rights assistance through June 30, 2009 for a not to exceed cost of $90,000.00 to be funded from the Water Maintenance Professional Services and Water Purchase/Lease Payment as provided in FY 2008/2009.

Staff Summary: For water rights assistance, staff recommends Resource Concepts, Inc. A request for Qualifications was issued for Carson City Municipal Water Systems Project April 2007 with responses from seventeen (17) firms. A review and selection committee, consisting of Public Work's Staff reviewed the proposals and selected seven (7) consulting firms on Carson City's On Call List. As a result, Public Work's has selected Resource Concepts, Inc., as the most qualified firm to provide Water Rights Assistance. The contract will be issued for one (1) year with the option to renew for a second year. All work will be authorized by task orders.

5-4. City Manager

A) Action to approve an agreement between Carson City and Walker & Associates for governmental affairs services for Fiscal Year 2008/2009 in the amount of $38,000 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. To help the City meet its current budget challenges, Mary Walker has offered to reduce the contract amount by 5%.

B) Action to appoint one member (Steven Reynolds) to the Planning Commission for a four year term ending June 2012.

Staff Summary: Carson City Municipal Code Chapter 18.02.01 and NRS 278.030 provide for a Planning Commission to be composed of not more than seven members who shall be appointed by the Board of Supervisors. There is one vacancy for a four year term due to an existing members term expiring. There is one applicant.

5-5. Parks and Recreation/Public Works

Action to approve an agreement and adopt a resolution regarding the Cooperative (Stewardship) Agreement between the Carson City Board of Supervisors and State of Nevada - Department of Transportation for the Carson City Freeway's "Ultimate" Landscaping Project for Phase 1 (Northern Leg).

Staff Summary: Through the ongoing efforts of Gardeners Reclaiming Our Waysides (GROW), Carson City has received federal and state funds to provide landscaping and irrigation system improvements, including hardscape elements at the Carson City Freeway's Phase 1 (Northern Leg) interchanges and grade separations. If the Board of Supervisors approves the agreement and adopts a resolution regarding the Cooperative (Stewardship) Agreement, Carson City will assume project management, design, bidding, and construction responsibilities for this project.

(End of Consent Agenda)

Ordinances, Resolutions, and Other Items

6. Court Administrator

Action to determine that Contract No. 0809-063 is a sole source contract and therefore not suitable for public bidding pursuant to NRS 332.115 and to approve Contract No. 0809-063 a request for the purchase and installation of Jefferson Audio Video System (JAVS CT-4A) from Jefferson Audio Video Systems, Inc. for a not to exceed cost of $226,245.06 to be funded from Administrative Assessments Fund Capital Expenditures 236-4700-412-7754 as provided in FY 2007/2008 and 2008/2009. 

Staff Summary: The Supreme Court requested that Nevada Courts implement a uniform audio/video system to enable courts to use the systems following the same guidelines and procedures. The Supreme Court recommended Jefferson Audio Video System (JAVS). To date, 89 JAVS systems have been installed in courts throughout Nevada. JAVS is replacing broken sound systems and outdated cassette tape records. The Courts plan to use JAVS for video arraignments, video conferencing and teleconferencing and to enhance courthouse security through the use of cameras in the courtrooms. District Court previously had no cameras in the courtrooms. All courtrooms in the Justice and District Court will be monitored by officers of the Alternative Sentencing Department which is located on the second floor of the courthouse.

7. Purchasing and Contracts

A) Action to determine that Contract No. 0809-056 is a contract for professional services and therefore not suitable for public bidding pursuant to NRS 332.115 and to approve, contingent upon the receipt and acceptance of a grant from the Nevada Department of Human Resources, Health Division, Contract No. 0809-056 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 through June 30, 2009 for a not to exceed cost of $200,000 to be funded from the Nursing Grant 275-6807-441-0309 as provided in FY 2008-2009 and Clinic Revenue 101-6800-441-0350 as provided in FY 2008-2009.

Staff Summary: Contract No. 0708-030 with Physician Select Management, LLC will expire on June 30, 2008.

B) Action to accept Public Works recommendation on the "Carson City Freeway Phase 2 Utility Relocations Project," Contract No. 2002-002 Amendment No. #3 and authorize Public Works to issue additional payment to The Louis Berger Group in an amount not to exceed $190,000.00 from the NDOT Utility By-Pass Funds as provided in FY 2008/2009.

Staff Summary: This amendment addressed additional elements of work required for the Phase 2B Utility Relocation Project for Phase 2 of the Carson City Freeway. This amendment includes additional design effort to accommodate utility clearance changes required by NDOT, additional coordination with other utilities, additional reviews by State NDEP Bureau of Safe Drinking Water, additional documentation as required by NDOT, additional design due to criteria and standards changed by NDOT, and additional Cultural Resources Investigations. NDOT will reimburse Carson City for the majority of the additional costs.

The original agreement was approved May 15, 2003 in the amount of $291,730.16 and a contingency of $30,000.00. Amendment No.1 was issued December 27, 2004, using the $30,000.00 contingency. Amendment No. 2 was approved February 17, 2005 in the amount of $572,270.00 and a contingency amount of $50,000.00 however Louis Berger was not authorized by Public Works to spend the contingency. With the authorization of Public Works for Louis Berger to spend the contingency and the inclusion of this Amendment No. 3 for $190,000.00 the new contract sum is $1,134,000.16.

C) Action to increase the contingency amount for the Carson City Fairgrounds/Fuji Park -- Rodeo Arena Improvements, Phase IV, Part 2 Project, Contract # 2007-065 by $100,000.00 from $163,357.96 to a not to exceed contingency amount of $263,357.96 from the Quality of Life Initiative --Park Capital Fund as provided for in FY2007/2008.

Staff Summary: On November 15, 2007, the Board of Supervisors awarded Contract No. 2007-065 for the above listed project in the amount of $1,633,579.60 plus a contingency amount of $163,357.96. A public address system for the arena, barn, and covered show arena was not included in the contract. City staff has been working "in-house" with the project's electrical engineer to design a public address system for the fairgrounds complex. Based upon information from the various fairgrounds user groups, City staff has completed the design for the system and received a quote for the cost to install the system from the contractor, Horizon Construction, Inc. The public address system will be installed throughout the fairgrounds complex and will provide infrastructure for future system expansion to the south side of Clear Creek. The estimated cost to install the public address system is $60,000.00.

Additionally to date there have been seven (7) Change Orders approved totaling $51,068.22 and there are pending potential change orders totaling $147,600.00. Available contingency is $112,289.74 thus there is a shortfall of about $35,310.00. In order to cover that additional change orders and to allow for any other claims an additional $40,000.00 is needed. The total requested adjustment to the Contingency Amount is $100,000.00.

8. Human Resources

Action to amend the Agreement Between Carson City and the Carson City Sheriff's Protective Association for fiscal years 2008-2011.

Staff Summary: On February 7, 2008, the Board of Supervisors approved the labor agreement between Carson City and the Sheriff's Protective Association for fiscal years 2008-2011. Subsequent to approving the Agreement, the Board of Supervisors approved the labor agreement between the City and the Carson City Sheriff's Department Lieutenants. During discussion of the Lieutenant's Agreement, the Board agreed to give an increase in the body armor allowance. The increase went from $450.00 per employee to $800.00 per employee. This Agreement amends the provision in the labor contract between the City and the Sheriff's Protective Association to reflect the increase in the body armor allowance. In addition, a pay increase in the amount of 4% retroactive to January 1, 2008 was negotiated for the Senior Forensic Specialist who was not included in the original labor agreement.

9. Assessor

Action to adopt on second reading, Bill No. 122, an ordinance amending Carson City Municipal Code Title 2, Administration and Personnel, by adding a new chapter to Title 2 designated Chapter 2.43, Collection of Taxes on Personal Property, by adding a new section to Chapter 2.43 designated section 2.43.010, County Treasurer to Collect Taxes on Personal Property, and other matters properly related thereto.

Staff Summary: On March 20, 2008, the Board of Supervisors adopted Ordinance 2008-13 to provide for the addition of Chapter 2.41.010 to Title 2 of the Carson City Municipal Code designating the Carson City Treasurer to collect taxes on personal property in Carson City that are otherwise collectible by the Carson City Assessor. For the purposes of codification, the provisions of Ordinance 2008-13 must be codified as Chapter 2.42 and not Chapter 2.41 of the CCMC. Therefore, the provisions of this ordinance would repeal Ordinance 2008-13 and reenact those provisions as Chapter 2.42 of NRS.

10. Development Services - Business License

Action to approve, on second reading, an ordinance amending Carson City Municipal Code Chapter 4.13 Liquor Board and Liquor Licensing and Sales, Section 4.13.010 Definitions by adding a definition for the Business License Division and reordering the definitions; Section 4.13.060 Application for License by changing City Treasurer to the Business License Division; Section 4.13.070 Investigation - Fees by changing City Treasurer to the Business License Division; Section 4.13.110 License Fees by changing the fees from quarterly to annually, Section 4.13.120 Transferability and Use by changing City Treasurer to Business License Division, Section 4.13.133 Seasonal license by deleting the entire section, Section 4.13.140 Revocation of License by changing the section to Grounds for Disciplinary Action which will give the Board more disciplinary actions than just revocation, Section 4.13.150 Revocation Procedure by changing the section to Disciplinary Action Procedure and replacing the word "Revocation" with "Disciplinary Action" and giving the Board the option to fine, suspend, limit, condition, or revoke a liquor license, Section 4.13.160 Exception to Revocation Procedure by changing the section to Emergency Summary Suspension which not only allows the Board to suspend a license in an emergency but also provides that the Sheriff has the authority to suspend a liquor license during an emergency and defines the due process that must be given to the licensee, Section 4.13.190 Unlawful to Serve Minors by deleting the requirement that a license can only be disciplined for "Knowingly" and "Willfully" serving a minor, Section 4.13.240 Application for short-term permit by changing Treasurer to Director, Section 4.13.250 Approval of short-term permit by making minor amendments regarding the city officials who need to approve the application, Section 4.13.260 Denial-Remedy by making minor changes for consistency and other matters properly related thereto.

Staff Summary: The proposed changes to the current provisions of the Carson City Municipal Code ("CCMC") governing the issuance and regulation of liquor licenses include changing various references from the City Treasurer's Office to the Development Services Department to reflect that the duties relating to liquor licenses have been moved, changing the fees required to be paid for a liquor license from quarterly to annual fees for the ease of both City staff and liquor license holders, repealing the provisions of the issuance of a seasonal liquor license in that such a provision is obsolete, revising the provisions governing the discipline of liquor license holders for violations of the CCMC and other laws relating to the sale of liquor and to provide clear guidance on the procedures for disciplinary action and the types of disciplinary action that may be taken by the Board against the holder of a liquor license, providing that the Carson City Sheriff's Office has the authority to suspend a liquor license in certain circumstances and revising the circumstances in which a person can be cited for serving a minor.

11. Development Services - Planning

A) Action to introduce, on first reading, an ordinance amending Carson City Municipal Code Title 18, Zoning, Chapter 18.03, Definitions, Section 18.03.010, Words and Terms Defined, by modifying the definition of Child Care Facility, and other matters properly related thereto. (ZCA-08-041)

Staff Summary: In order to create consistency with the Carson City Building Code as well as other northern Nevada counties, staff is proposing a change to the Carson City Municipal Code to allow up to and including six children to be allowed in home child care without obtaining a Special Use Permit. Currently, the code allows up to and including five children.

B) Action to approve a Tentative Subdivision Map application from KCXP Investments & Tri State Surveying to subdivide approved airport hangar space known as Jet Ranch, on property zoned Public Regional, located at 2600 College Parkway, Carson City Airport, APN 005-021-04. (TSM-08-047)

Staff Summary: This project received a Special Use Permit and is currently under construction. The applicant is proposing to subdivide the airspace according to NRS 116 to create 12 parcels and a common area. This proposal has been approved by the Carson City Airport Authority.

C) Action to approve a Tentative Subdivision Map application known as East Ridge Village from Western Engineering (property owner: Steve Ryckebosch, Eagletech Industrial Park LLC) to allow 115 lots for 113 Townhouse units on 17.65 acres, on property zoned Multi-Family Apartment, located at 7201 Highway 50 East, based on the conditions of approval contained in the staff report. (TSM-08-043)                            Part 1                    Part 2

Staff Summary: The request would result in 113 attached single family residential units with approximately 49% common areas/open space on approximately 17.65 acres on property zoned multi-family apartment (MFA), in addition to one lot to be developed at a later date as a multi-family apartment development.

12. Finance Director

A) Presentation of year to date sales tax information and projection for the General Fund for the remainder of Fiscal Year 2008.

Staff Summary: Staff will present year to date sales tax information (through March 2008) and will provide a projection of General Fund revenues and expenditures for the remainder of Fiscal Year 2008.

B) Action to adopt a resolution to augment and amend the Carson City FY 2007-08 Budget in the amount of $12,030,990.

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 unanticipated sources of revenue.

13. City Manager

A) Action to adopt a resolution encouraging the medical community and the residents of Carson City to participate in the Carson City Anonymous Drug Destruction Program and other matters properly related thereto. 

Staff Summary: The Carson City Sheriff's Office has an existing system for the disposal of illegal drugs and is willing to expand the program to include the disposal of prescription drugs in order to keep these drugs out of the community water system, out of the landfill and out of the hands of those who would misuse them.

B) Action to review, evaluate and recommend for approval the Carson City 2004-09 Consolidated Plan Amendment associated with the Community Development Block Grant (CDBG) Program and to forward the amendment to HUD.

Staff Summary: As Carson City enters its fifth and final year of the 2004-09 Consolidated Plan, it is evident that the City will not meet all of its five year goals set forth in the original Consolidated Plan adopted in May 2004. The goals should be changed to account for a reduction of CDBG funds awarded to the City and to count only CDBG-funded projects as opposed to all community development projects, regardless of funding sources. In order to better measure the performance of CDBG-funded projects, the City is proposing amendments to the affordable housing and community development goals and priority needs included in the 2004-09 Consolidated Plan. No comments have been received from the public regarding this proposed change.

C) Status report on vacant general fund positions.

Staff Summary: The Board asked that the City Manager report on the change of General Fund positions and potential budget impacts at the second Board meeting of each month.

14. Public Works

Edwin James from the Carson Water Subconservancy District will provide a report on Carson River Regional Activities.

Staff Summary: Activities to be discussed include development of a regional flood plan, Western Regional Water Commission, education programs, 208 Plan update, regional inter-ties, conservation, and working group activities.

15. City Manager

Action to appoint one member to the Library Board of Trustees for a four year term expiring June 2012.

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 members term expiring. There are four applicants.

16. 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

17. Action to Adjourn

Following a recess or the adjournment of the meeting, the Carson City Board of Supervisors will meet 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.

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 12, 2008

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