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05-07-09 Agenda with Supporting Materials
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: May 7, 2009
Time: Beginning at 8:30 a.m.
Location: Community Center, Sierra Room
851 East William Street
Carson City, Nevada
Agenda
1. Call to Order
2. Roll Call
3. Invocation - Ken Haskins, First Christian Church
4. Pledge of Allegiance
5. Action on Approval of Minutes
6. Adoption of Agenda
7. 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.
8. Special Presentations
A) Tahoe Regional Planning Agency
Introduction of Tahoe Regional Planning Agency's new Executive Director Joanne Marchetta who will share her vision for the agency and Lake Tahoe. (Shelly Aldean)
B) Public Works - Planning Division
Action to designate the month of May as Historic Preservation month in Carson City. (Mike Drews, Chairman, Historic Resources Commission)
Staff Summary: Historic Preservation Month was designed by the National Trust for Historic Preservation to raise awareness about the power historic preservation has to protect and enhance our homes, neighborhoods and communities. It provides an opportunity to celebrate the diverse and unique heritage of our country's cities and towns, and enables all of us to become involved in the growing preservation movement.
9. 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.
9-1. Treasurer
Affidavit of Delinquent Notice Mailing For Real Property Taxes. (Al Kramer)
Staff Summary: Per NRS 361.5648(3), within 30 days after mailing the original notice of delinquency, the tax receiver shall issue his personal affidavit to the board of county commissioners affirming that due notice has been mailed with respect to each parcel.
9-2. District Attorney
Staff Summary: Mr. Court alleges that his constitutional rights were violated on March 26, 2006, when a sheriff's deputy working in the jail struck him in the face causing injuries.
9-3. Public Works - Planning Division
Staff Summary: The subject property is eligible for the Open Space Use Assessment as a result of its conformance to specific standards and its historical status in Carson City.
9-4. Purchasing and Contracts
Staff Summary: The Nevada Division of Forestry is the sole source with the knowledge and infrastructure to properly harvest, grow and install the wetland species required for the project. The Nevada Division of Forestry plans the initial planting of 5,000 wetland species in early fall 2009 and the second planting of 1,000 wetland species in spring 2010.
Staff Summary: On October 16, 2008, the Board of Supervisors determined Contract No. 0809-121 was a contract for the purchase of personal safety equipment for use by a response agency and any other local government agency and therefore was not suitable for public bidding pursuant to NRS 332.115 (3) (a). Due to cost overrun a Contract Amendment in the amount of $241.15 is required to pay the vendor for the equipment.
Staff Summary: Carson City received sealed bids for all labor, materials, tools, and equipment necessary for the Carson City Mexican Ditch Trail Bridges Project. The project included dewatering, excavation, construction of concrete forms, placement of reinforcing steel, pouring concrete for bridge abutments, installation of two City furnished pre-manufactured bridges, installation of rip-rap, site grading, and revegetation. All work is complete and the Contractor is entitled to final payment.
9-5. Health and Human Services
Staff Summary: With the adoption of this resolution and approval of the interlocal contract Carson City Health & Human Services (CCHHS) will receive funding from the Nevada Department of Health & Human Services.
9-6. Human Resources
Action to approve the Identity Theft Prevention Policy. (Jennifer Schultz)
Staff Summary: To ensure compliance with the Federal Trade Commissions' Fair and Accurate Transaction Act (FACTA) of 2003, the City=s Policies and Procedure Task Force drafted a policy addressing identity theft prevention.
(End of Consent Agenda)
10. Recess as Board of Supervisors
Liquor and Entertainment Board
11. Call to Order & Roll Call - Liquor and Entertainment Board
12. Action on Approval of Minutes
13. Public Works - Business License
A) Action to approve Susan Melvin as the liquor manager for Jimmy G's Cigar Bar full bar liquor license (Liquor License #09-26251) located at 301 N. Carson St., Carson City. (Jennifer Pruitt/Lena Tripp)
Staff Summary: Per CCMC 4.13 all liquor license requests are to be reviewed by the Liquor Board.
Staff Summary: CCMC 4.13.150 provides for the imposition of a fine of up to $500 upon the holder of a liquor license and the requirement that the licensee and all employees selling, dispensing or serving liquor attend alcohol servers' training for the second time a person is issued a criminal citation related to the sale of liquor at a licensed premises. On April 10, 2009, a second offense criminal citation related to the sale of liquor was issued at Arco AM/PM #82341 located at 4190 S. Carson St., Carson City, Nevada.
14. Action to Adjourn as the Liquor and Entertainment Board
15. Reconvene as the Board of Supervisors
Ordinances, Resolutions, and Other Items
16. Any item(s) pulled from the Consent Agenda will be heard at this time.
17. Justice/Municipal Courts
Staff Summary: In 2007, state law changed allowing courts to order a person to use an ignition interlock driving device if convicted of a D.U.I. if the person had a concentration of alcohol of less than 0.18 in his blood or breath at the time of the arrest. The law also changed to require a court to order a person to install an ignition interlock driving device if he was found to have a concentration of alcohol of 0.18 or greater in his blood or breath at the time of the arrest. This ordinance will allow the municipal/justice courts to impose this condition during sentencing.
18. Purchasing and Contracts
Action to terminate Contract No. 0708-105 Construction Manager as agent for the Carson City Indoor Recreation Center/Multi-Purpose Gym with Metcalf Builders, Inc., contract for professional services. (Roger Moellendorf) Late Material
Staff Summary: On March 6, 2008, the Board of Supervisors approved the above mentioned contract for a not to exceed amount of $991,764.00 to be funded from the Park Improvement/New Gymnasium Account. Because of the current decline in sales tax revenues funding Quality of Life Capital projects, coupled with the current financial situation in the City's General Fund budget that would prohibit even a minor subsidy for the operations of this facility, staff recommends that after receiving the final design of the project from Valentiner Crane Architects that the project be suspended until such time the City's financial situation and sales tax revenues improve. As such, staff recommends that Contract No. 0708-105, for the services of a Construction Manager as agent for the project, be terminated. The current balance of the contract is $957,292.71.
19. Public Works - Planning and Zoning
Staff Summary: The U.S. Department of Housing and Urban Development (HUD) is anticipated to award Carson City approximately $436,000 in Community Development Block Grant Funds for the FY09 annual cycle. Fifteen percent (15%), or $65,400, will be available for public services activities. Sixty-five percent (65%), or $283,400, will be available for public facilities and improvements. The remaining twenty percent (20%), or $87,200, will be allocated to planning, research, reports and administrative functions. A community-based application review workgroup oversaw the application review process and ranked the applications. At the March 5, 2009, Board of Supervisors meeting, the Board reviewed and approved the 2009-10 CDBG Public Services and Public Improvements funding recommendations. The recommendations were incorporated into the 2009-10 Draft Annual Action Plan. Availability of the plan for public review was noticed in the Nevada Appeal four times from March 12 through April 6, 2009, and hard copies of the plan were put on display at the City Manager's Office, the Carson City Public Library and in the Planning Division office.
20. Recess as Board of Supervisors
Redevelopment Authority
21. Call to Order & Roll Call B Redevelopment Authority
22. Action on Approval of Minutes
23. Finance
Presentation of the proposed 2009/2010 Fiscal Year budget for the Carson City Redevelopment Authority. (Nick Providenti & Larry Werner)
Staff Summary: Staff will present the Redevelopment Authority budget along with the assumptions used to build the budget.
24. Office of Business Development
A) Discussion and action to adopt rules and regulations of the Redevelopment Authority. (Joe McCarthy)
Staff Summary: On February 19, 2009, the Board of Supervisors requested that staff present for its consideration a draft of proposed redevelopment rules and regulations for its consideration.
Staff Summary: The Redevelopment Plan for Project Area No. 2 provides for public-private partnerships to retain and expand Carson City=s auto sales sector. On March 17, 2005, the Board of Supervisors adopted Resolution No. RAR-2, a resolution to allow the Redevelopment Authority/Board of Supervisors to consider, on an individual basis, projects/incentive packages that are clearly designed to secure and stimulate auto sales investment along South Carson Street. In July of 2005, Mr. Campagni and the City negotiated a Commitment Agreement that pledged his dealerships to remain in Carson City and for him to build a new Toyota Store on South Carson Street. The requirement to use prevailing wage on redevelopment projects in which incentives were provided in excess of $100,000 was not specified in the Commitment Agreement. This Second Amended Agreement requires compliance with the prevailing wage statutes and amends the repayment provision of the City financial assistance to reduce the principal amount from $3,600,000 to $3,057,000.
Staff Summary: On April 6, 2009, the Redevelopment Authority Citizens Committee (RACC) recommended approval of incentive funding for the complete renovation of a former boarding house situated at the northeast corner of Spear and Nevada Streets. This redevelopment project rehabilitates an abandoned, eyesore situated in the center of our historic downtown that was formerly substandard housing. The work includes interior demolition and renovation, facade and tenant improvements, landscaping, site work, handicap access and compliance with historic district guidelines. RACC reviewed the application and supporting material provided to measure the project's benefit to the redevelopment area as it relates to the incentive program=s criteria: aesthetics, curing of blight, job creation, business retention, addition of tax revenues and enhancement of the community's vision. RACC also determined that no other reasonable means of financing certain improvements associated with the project was available. Staff reviewed the project and DSE, #4, LLC's financials, tax returns and other confidential material to confirm the economic viability of the project and the appropriateness of redevelopment funding.
Staff Summary: This is a request to expend $10,750 from the Revolving Fund for the Redevelopment Agency to support the Wilde West Tour ($1,500), Rendezvous ($4,250) and Taste of Downtown ($5,000), unique special events occurring in this fiscal year. 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 the redevelopment plan adopted by the Carson City Board of Supervisors. Prior to approving the expenditure, the Board of Supervisors must make the findings that there is a causal connection between this redevelopment effort and the need for the expenses, the expenses are needed to ensure the success of the redevelopment plan and that the amount of the expenses to be given are minor in comparison to the money required for the overall redevelopment plan. The action requested of the Redevelopment Authority is to recommend to the Board of Supervisors the approval of this expenditure.
The Redevelopment Plan adopted by the Carson City Board of Supervisors provides that a purpose of the Plan is to "encourage and assist in providing 'people oriented areas' in the Redevelopment Project Area for daytime and evening special events and promotional activities," and "establish the highest level of recreational opportunity for residents and visitors of all age levels." Based upon previous years, these long-standing events attract thousands to our Downtown during times that are otherwise quiet and inactive. The increased foot traffic generated within this 'people oriented area' has a direct impact on the success of many small businesses and cultural facilities throughout the area. Thus, there is a casual connection between this redevelopment effort and the need for the expenses. Additionally, these expenses are needed to ensure the success of the redevelopment plan, as this funding specifically helps to pay for the production of the events. Finally, this funding is incidental to overall cost of implementing the redevelopment plan. The amount requested, $10,750 is essential to ensure this programming excellence, but is minor in comparison to the funding required to execute all the objectives of the redevelopment plan.
25. Action to Adjourn as the Redevelopment Authority
26. Reconvene as the Board of Supervisors
27. Office of Business Development
Staff Summary: The Redevelopment Plan for Project Area No. 2 provides for public-private partnerships to retain and expand Carson City=s auto sales sector. On March 17, 2005, the Board of Supervisors adopted Resolution No. RAR-2, a resolution to allow the Redevelopment Authority/Board of Supervisors to consider, on an individual basis, projects/incentive packages that are clearly designed to secure and stimulate auto sales investment along South Carson Street. In July of 2005, Mr. Campagni and the City negotiated a Commitment Agreement that pledged his dealerships to remain in Carson City and for him to build a new Toyota Store on South Carson Street. The requirement to use prevailing wage on redevelopment projects in which incentives were provided in excess of $100,000 was not specified in the Commitment Agreement. This Second Amended Agreement requires compliance with the prevailing wage statutes and amends the repayment provision of the City financial assistance to reduce the principal amount from $3,600,000 to $3,057,000.
Pursuant to NRS 279.628, this Resolution must be adopted by a two-thirds vote of the Board of Supervisors.
Staff Summary: On April 6, 2009, the Redevelopment Authority Citizens Committee (RACC) recommended approval of incentive funding for the complete renovation of a former boarding house situated at the northeast corner of Spear and Nevada Streets. This redevelopment project rehabilitates an abandoned, eyesore situated in the center of our historic downtown that was formerly substandard housing. The work includes interior demolition and renovation, facade and tenant improvements, landscaping, site work, handicap access and compliance with historic district guidelines. RACC reviewed the application and supporting material provided to measure the project's benefit to the redevelopment area as it relates to the incentive program=s criteria: aesthetics, curing of blight, job creation, business retention, addition of tax revenues and enhancement of the community=s vision. RACC also determined that no other reasonable means of financing certain improvements associated with the project was available. Staff reviewed the project and DSE, #4, LLC's financials, tax returns and other confidential material to confirm the economic viability of the project and the appropriateness of redevelopment funding.
Pursuant to NRS 279.628, this Resolution must be adopted by a two-thirds vote of the Board of Supervisors.
Staff Summary: This is a request to expend $10,750 from the Revolving Fund for the Redevelopment Agency to support the Wilde West Tour ($1,500), Rendezvous ($4,250) and Taste of Downtown ($5,000), unique special events occurring in this fiscal year. 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 the redevelopment plan adopted by the Carson City Board of Supervisors. Prior to approving the expenditure, the Board of Supervisors must make the findings that there is a causal connection between this redevelopment effort and the need for the expenses, the expenses are needed to ensure the success of the redevelopment plan and that the amount of the expenses to be given are minor in comparison to the money required for the overall redevelopment plan. The action requested of the Redevelopment Authority is to recommend to the Board of Supervisors the approval of this expenditure.
The Redevelopment Plan adopted by the Carson City Board of Supervisors provides that a purpose of the Plan is to "encourage and assist in providing 'people oriented areas' in the Redevelopment Project Area for daytime and evening special events and promotional activities," and "establish the highest level of recreational opportunity for residents and visitors of all age levels." Based upon previous years, these long-standing events attract thousands to our Downtown during times that are otherwise quiet and inactive. The increased foot traffic generated within this 'people oriented area' has a direct impact on the success of many small businesses and cultural facilities throughout the area. Thus, there is a casual connection between this redevelopment effort and the need for the expenses. Additionally, these expenses are needed to ensure the success of the redevelopment plan, as this funding specifically helps to pay for the production of the events. Finally, this funding is incidental to overall cost of implementing the redevelopment plan. The amount requested, $10,750 is essential to ensure this programming excellence, but is minor in comparison to the funding required to execute all the objectives of the redevelopment plan.
28. 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
-- LUNCH BREAK --
RETURN - APPROXIMATE TIME - 1:30 P.M.
29. Finance
A) Presentation of the proposed 2009/2010 Fiscal Year budget for Carson City which includes the general fund, enterprise funds and all other funds. (Nick Providenti & Larry Werner)
Staff Summary: Staff has prepared a balanced budget in light of the severe financial hardships that are facing the city. The goal for this and future years is to balance expenditures to revenues with minimal reliance on ending fund balances including the City's stabilization fund through reduction in programs, containment of staffing and implementing efficiencies where identifies. Staff will present the assumptions made during the process and the outlook for the future.
C) Presentation and possible action to approve a Supplemental Request to the FY 2010 General Fund Base Budget - increasing Justices of the Peace (JOP) salaries by a 5% equity adjustment. (Nick Providenti & Larry Werner)
Staff Summary: Staff has prepared a balanced base budget with the assumptions outlined in the Budget memo. A 3% COLA was included in the budget for the JOP's, but the 5% equity adjustment was not. Court staff are requesting the Board of Supervisors consider increasing the JOP's salaries based on a January 2008 survey of salaries of other JOP's of neighboring counties. This will increase the FY 2010 budget by approximately $11,800.
D) Presentation and possible action to approve a Supplemental Request to the FY 2010 General Fund Base Budget - increasing the ranges of the Juvenile Probation and Juvenile Detention departments. (Nick Providenti & Larry Werner)
Staff Summary: Carson City Juvenile Probation and Detention salaries were overlooked in 2006 when the First Judicial District Court and the Justice and Municipal Courts consolidated administration and agreed to share staff resources. At that time, Human Resources performed a comprehensive salary study of all positions working for the courts. By inadvertence, Juvenile Probation and Detention positions were omitted from the salary study. Juvenile Probation and Detention salaries have not been formally reviewed for several years. Court staff has prepared a comparison chart of positions and salaries and are requesting increases in the ranges for the Juvenile Probation and Juvenile Detention salaries. This will increase the FY 2010 budget by approximately $36,775 and a Atop to top@ analysis indicates the total cost of increasing the ranges will be approximately $225,146.
E) Action to approve a 3% cost of living increase for unclassified personnel and for the positions of Public Guardian, Chief of Alternative Sentencing, Justice of the Peace (2) and City Manager, effective July 1, 2009. (Nick Providenti & Larry Werner)
Staff Summary: The City Manager is recommending that unclassified employees receive a 3% cost of living adjustment effective July 1, 2009. All other employees covered by labor agreements will receive a cost of living adjustment. This amount was included in the FY 2010 budget. It is also important to note that because of PERS increases, all non public safety employees pay will be reduced by .5% and all public safety employees pay will be reduced by 1.75% starting on July 17, 2009.
F) Discussion and possible action to set the annual salary of the Board of Supervisors as provided for in NRS 245.043, whereby the Board may by a vote of at least a majority of all the members of the Board. (Nick Providenti & Larry Werner)
Staff Summary: The Mayor and Board of Supervisors are included in NRS 245.043. This statute provides that the Board must take action to increase their salary.
30. Public Works
Action to accept the 2008/09-2012/13 Capital Improvement Program. (Andy Burnham)
Staff Summary: This is the annual update of the City Capital Improvement Program which accompanies the City=s annual budget. The significant issue this year is that the General Fund capital requests have not been budgeted because of reduced revenues to the city. The Board will have to decide in the future whether to fund any projects from the general fund on a case by case basis until revenues improve.
31. 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: April 30, 2009
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