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 21, 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 - Bruce Henderson, Airport Road Church of Christ
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) Presentation from the Carson City Downtown Business Association regarding their activities and upcoming events. (Stan Jones)

B) A presentation to the Board of Supervisors from the Historic Resources Commission (HRC) of the Historic Preservation Awards Program. (Mike Drews)

Summary: On behalf of Historic Preservation Month, the HRC selected one Carson City property, the Waterhouse residence, located at 312 West Musser Street (owners: Ed and Maureen Waterhouse) and one individual, Marv Teixeira, former Carson City Mayor to receive the Carson City Historic Preservation Award for 2009. This is in recognition of the significant efforts in historic preservation.

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. City Manager

Action to authorize the Mayor to execute a Landlord Estoppel related to the ground lease for the Autumn Village Senior Housing Project. (Larry Werner)

Staff Summary: In 2005, the Board of Supervisors entered into a Ground Lease with The Seasons, LP for the Autumn Village Senior Housing Project. The Seasons II, LP has completed construction on Autumn Village II and is seeking permanent financing. Because the Project is located on leased land, the lender is requiring that The Seasons II, LP obtain a landlord estoppel from Carson City. In summary, the terms of the landlord estoppel provide that The Seasons II, LP is not currently in breach of the lease and that Carson City will provide the lender with notice prior to a modifying the lease or seeking remedies for a breach of the lease.

9-2. Assessor

Action to approve the removal of a portion of the taxes from parcel number 008-112-05 (located at 350 Mark Way) from the 2008/09 Real Property Tax Roll per NRS 361.768 in the amount of $319.03.(Dave Dawley)

Staff Summary: Due to an overassessment of the real property concerning the size of the home, a correction was made to the square footage. This correction has resulted in a decrease in the amount of taxes that were billed. The Assessor's office is requesting a refund in the amount of $319.03.

9-3. Finance

A) Action to allow the Finance Department to delete fixed assets from the General Fund Fixed Asset Listing for fiscal year 2007-2008. (Nick Providenti)

Staff Summary: The Finance Department, in concurrence with our auditors request that they be allowed to delete from the General Fixed Asset Account Group $1,490,286.23 out of $245,154,174.00 of total assets.

B) Action to allow the Finance Department to delete fixed assets from the Enterprise Funds Fixed Asset Listing for fiscal year 2007-2008. (Nick Providenti)

Staff Summary: The Finance Department, in concurrence with our auditors, Kafoury, Armstrong & Co. request that they be allowed to delete from the Water Fund net book value of $23,179.36 out of $84,329,556.00 and Sewer Fund net book value of $8,888.64 out of $112,882,198.00 of total assets and Building and Safety net book value of $54,095.21 out of $115,727.00.

C) Action to approve the application to remove uncollectible accounts receivable from the records of the Landfill division of the General Fund in the amount of $37,071.15 out of estimated billings through June 30, 2009 of approximately $3,215,000. (Nick Providenti)

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.

9-4. Fire

A) Action to adopt a resolution delegating the authority of the Carson City Board of Supervisors to sign a transfer of authority to an incident management team to manage a disaster, delegating the authority of the Carson City Board of Supervisors to enter into cost share agreements, and establishing a list of individuals who are authorized to sign the transfer of local authority and cost share agreements on behalf of the Board of Supervisors and Carson City and other matters properly related thereto. (Stacey Giomi)

Staff Summary: During emergencies and disasters it is often necessary to bring in an incident management team to handle the complexities of managing large scale events. These incident management teams must have the authority to combat the emergency, the same authority that our local emergency officials have. By passing this resolution, the Board will allow the City' authority to manage an incident to be signed over to the incident management team. This resolution will also allow certain city individuals to enter into cost share agreements with federal agencies in order to establish how an incident will be managed from a financial standpoint.

B) Action to authorize the mayor to sign the 2009 Annual Operating Plan between the Bureau of Land Management, Carson City District Office (Agreement number NV-FAA-0801101) and the Carson City Fire Department. (Stacey Giomi)

Staff Summary: This document is an update of the annual operating plan between the City and the BLM. The document provides for mutual assistance between the agencies for responses to wildland fires as designated in the master agreement. The Annual Operating Plan (AOP) delineates billing fees, district boundaries, and parameters under which assistance will be provided.

(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 revoke a packaged liquor license for Malkit Singh dba Tip Top Market and Discount Liquor, located at 1501 Fairview Dr, #7, Carson City due to non-payment of 3rd and 4th Quarter 2008 Liquor License fees and 1st and 2nd Quarter 2009 Liquor License fees in the amount of $800.00 pursuant to CCMC 4.13.140. (Lena Tripp)

Staff Summary: Per CCMC 4.13.140 all liquor license requests are to be reviewed by the Liquor Board.

B) Action to revoke a packaged liquor license for Chhoun Reth dba CR Gas, located at 4340 N. Carson St., Carson City due to non-payment of 2nd Quarter 2009 Liquor License fees in the amount of $200.00 pursuant to CCMC 4.13.140. (Lena Tripp)

Staff Summary: Per CCMC 4.13.140 all liquor license requests are to be reviewed by the Liquor Board.

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

Action to adopt on second reading, an ordinance amending Carson City Municipal Code Title 10 Vehicles and Traffic, Chapter 10.22 Reckless Driving- Persons Under The Influence Of Liquor, Drugs, by adding Section10.22.028 Device To Prevent Person Who Has Consumed Alcohol From Starting Vehicle: "Device" Defined, adding Section 10.22.029 Device To Prevent Person Who Has Consumed Alcohol From Starting Vehicle: Imposition By Court Order; Installation And Inspection; Exceptions, adding Section 10.22.030 Device To Prevent Person Who Has Consumed Alcohol From Starting Vehicle: Penalties From Tampering With Or Driving Without Device; Probation And Suspension Of Sentence Prohibited; Plea Bargaining Restricted, and other matters properly related thereto. (Maxine Cortes)

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. Finance

Action to approve a third addendum to the 2002 Lease Agreement between Carson City and the Carson City Municipal Golf Corporation. (Nick Providenti)

Staff Summary: Carson City entered into a Lease Agreement with Carson City Municipal Golf Corporation (CCMGC) on May 2, 2002. In January 2008, the Board of Supervisors executed the first addendum to the Lease. In December 2008, the Board of Supervisors executed the second addendum to the Lease. This is the third addendum to the Lease. Due to the expense of having a certified public accountant conduct an audit each fiscal year, CCMGC desires to change the Lease to have an audit conducted every five years. On an annual basis, CCMGC will have the books reviewed by a certified public accountant. The audits and the reviews will be provided to the City. In addition, the payment amounts that CCMGC is required to make to the City every six months is changing from $200,000 per year to $120,000 per year. The pay-off date is also changing from July 1, 2019 to July 1, 2028. This will provide CCMGC a better cash flow to run the golf course.

19. Health and Human Services

Action to introduce on first reading, an ordinance amending Carson City Municipal Code Title 4 Licenses and Business Regulations, by repealing Chapter 4.29, Massage Establishments, and other matters properly related thereto. (Larry Werner)

Staff Summary: This action will repeal Chapter 4.29 of the Carson City Municipal Code, Massage Establishments.

20. Parks and Recreation

A) Action to approve a "Joint Use Parking Lot Maintenance Agreement" between the City of Carson City and Michael Pegram for the new parking lot funded by Mr. Pegram, owner of Bodine's Casino, located at the Carson City Fairgrounds at Fuji Park. (Roger Moellendorf)

Staff Summary: On December 7, 2007 the Board of Supervisors approved a "Joint Use Parking Agreement" with Mr. Michael Pegram, developer and owner of Bodine's Casino. This agreement was approved in consideration of a $1,000,000 donation from Mr. Pegram to the City for the construction of the new parking lot as part of the Carson City Fairgrounds renovation project. The "Joint Use Parking Agreement" stipulates that the City and Bodine's will share equally in the maintenance of the parking lot. The attached "Joint Use Parking Lot Maintenance Agreement" assigns maintenance tasks and responsibilities to each party.

B) Action to accept a $116,732.69 donation from Mr. Michael Pegram, Owner of Bodine's Casino, for the Carson City Fairgrounds at Fuji Park. (Roger Moellendorf)

Staff Summary: On December 7, 2007 the Board of Supervisors approved an "Offer and Acceptance to Donate One Million Dollars to Carson City For Carson City Fairground" agreement with Mr. Michael Pegram, Developer and Owner of Bodine's Casino. The donation today of $116,732.69 represents the remaining amount left over from the costruction of the Carson City Fairgrounds Parking Lot. Mr. Pegram will personally present the check to the Board of Supervisors.

21. Recess as Board of Supervisors

Redevelopment Authority

22. Call to Order & Roll Call - Redevelopment Authority

23. Action on Approval of Minutes

24. Office of Business Development

Action to approve the Summer Concert Series 2009, Friday's at Third Agreements for Assignment of Vending Space for: 1) Bella Fiora Wines, Chad Mena, Partner; 2) High Sierra Food and Beverage, Inc., Jim Phalan, Owner. (Joe McCarthy)

Staff Summary: The action requested is to develop agreements with the businesses along 3rd Street for the assignment of vender space and to establish requirements for conducting the business in conjunction with the Summer Concert Series.

25. Action to Adjourn as the Redevelopment Authority

26. Reconvene as the Board of Supervisors

27. Public Works - Planning

A) Action to authorize staff to apply for the Energy Efficiency and Conservation Block Grant (EECBG) program and submit an Energy Efficiency and Conservation Strategy (EECS) for Carson City. (Lee Plemel)

Staff Summary: The Energy Efficiency and Conservation Block Grant (EECBG) program is a new program created in the Energy Act of 2007 being administered by the U.S. Department of Energy (DOE). The EECBG will provide grants to local governments, states, territories, and Indian tribes to fund projects that reduce energy use, cut fossil fuel emissions and improve energy efficiency. Under the American Recovery and Reinvestment Act (ARRA), Carson City is scheduled to receive a direct formula funding of $538,000 to use towards energy efficiency projects. In order to receive the funding, all direct formula communities must submit an EECS with their application or within 120 days after submitting their application.

B) Action to approve and authorize the Mayor to sign a development agreement between Carson City and Roventini, LLC, regarding the development of a Planned Unit Development subdivision known as Clearview Ridge, located west of Cochise Street between West Roventini Way and West Overland Street, east of Voltaire Street, APN's 9-263-06, -07, -08 and -09, to extend the approval of the tentative map.  (Lee Plemel)

Summary: The primary purpose of the development agreement is to extend the initial approval of the tentative subdivision map, which would expire on September 21, 2009. Per NRS and the Carson City Municipal Code, the approval may only be extended by means of development agreement. No other modifications to the proposed development are requested.

C) Action to approve and authorize the Mayor to sign an amendment to the Carson City 2008-09 CDBG Annual Action Plan to add projects to be funded by the Community Development Block Grant-Recovery Act (CDBG-R) program, and forward a recommendation of approval of the plan to the Department of Housing and Urban Development (HUD). (Lee Plemel)

Summary: A total of $118,516 is allocated to Carson City for the CDBG program through the American Recovery and Reinvestment Act of 2009 (ARRA). An amendment to the 2008-09 CDBG Annual Action Plan is required to receive these funds. The use of the funds must comply with specific requirements of the ARRA in addition to regular CDBG program requirements.

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