• By Albert Depew

09-04-08 Agenda with Supporting Materials

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Day:             Thursday
Date:            September 4, 2008
Time:           Beginning at 8:30 a.m.
Location:     Community Center, Sierra Room
                    851 East William Street
                    Carson City, Nevada


Call to Order
Roll Call
Invocation - Father Chuck Durante, St. Teresa of Avila Catholic Community
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

Board of Supervisors

3. 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.

3-1. Carson City Airport Authority

Action to approve:1) An amendment to the Carson City Airport Lease with Mountain West Aviation, LLC; 2) A new lease agreement for a portion of the Carson City Airport Lease Agreement with Mountain West Aviation, LLC; 3) An assignment of the new lease agreement from Mountain West Aviation, LLC, to KCXP Investments, LLC.

Staff Summary: This lease amendment, new lease on a portion of the leasehold and assignment reflects the relocation of the existing fuel island lease held by Mountain West Aviation, LLC, to accommodate the Master Plan improvements.

3-2. Human Resources

Action to approve the collective bargaining agreement between Carson City and the Carson City Fire Department Classified Chief Officers Association for the period July 1, 2008 to June 30, 2010.

Staff Summary: Negotiations between Carson City and the Classified Chief Officers Association (Battalion Chiefs) have been successfully concluded, resulting in a proposed two year contract, which is essentially an extension of the previous agreement. This contact satisfies the interests of both the City and the employees. The duration of the agreement will put the contract expiration on the same schedule as the firefighters association.

3-3. Purchasing and Contracts

Action to accept the work as completed, to accept the contract summary as presented, and to approve the release of final payment in the amount of $240,706.85 for Contract No. 2006-170 Carson City Freeway Phase 2A Utility Relocations, Fifth Street, Linear Ditch to Butti Way Project to Marv McQueary Excavating, Inc.

Staff Summary: The Board of Supervisors awarded the above listed contract to Marv McQueary Excavating, Inc. for the relocation of Carson City Utilities along East 5th Street, on lands of the Nevada State Prison, and along the Freeway corridor necessary for the construction of the Freeway. The project included construction of approximately 6,740 linear feet of sanitary sewer, approximately 3,230 linear feet of 16-inch water main, approximately 730 linear feet of reclaimed water main, approximately 11,200 linear feet of water and sewer abandonment and appurtenances. All work has been completed and retention can be released with the exception of $8,000.00 being held pending the Labor Commissioner's determination in the investigation of a Labor Rate Violation by a subcontractor.

3-4. Parks and Recreation - Open Space

Action to authorize the Open Space Manager to sign the United States Department of the Interior, Bureau of Land Management Financial Assistance Agreement in the amount of $437,454 for Biological Control and Hazardous Fuels Reduction on lands adjacent to private property on the west side of Carson City.

Staff Summary: Staff has obtained a grant through the Southern Nevada Public Lands Management Act for the management of fuels in the Carson Range. The goals of the grant are to maintain the fuel breaks that were created after the Waterfall Fire and to create new fuel breaks at the Carson Range Wildland Urban Interface. The thinning of shrubs, management of riparian areas, reseeding with preferred wildland species, chemical application to cheatgrass, and the use of sheep are some of the tools to be used in achieving these goals. This agreement does not require a match.

(End of Consent Agenda)

Ordinances, Resolutions, and Other Items

4. Sheriff

Action to adopt a resolution approving an intergovernmental agreement between Carson City and the Washoe Tribe of Nevada and California. 

Staff Summary: The purpose of the intergovernmental agreement is to improve the cooperation, efficiency and effectiveness of law enforcement, to maintain the law and order and public safety and to increase the safety of all City and Tribal law enforcement officers who, in the line duty, require support and backup in the investigation of and enforcement against controlled substance sales, manufacturing activities, and crimes of maintaining a premises where controlled substances are used. The agreement defines the procedures each party will use when requesting assistance in prosecution, judicial proceedings, or post-judicial activities related to law enforcement activities authorized by the agreement.

5. Health and Human Services

Action to adopt, on second reading, Bill No. 130, an ordinance amending Carson City Municipal Code (CCMC) Title 9 Health and Welfare, Chapter 9.04 Health Division Permit and Fee Schedule, to add new section 9.04.065 Additional Fees, which allows the department to set reasonable fees for providing services to members of the public and other matters properly related thereto. 

Staff Summary: The addition of the section will clarify Carson City Health & Human Services=s authority to set reasonable fees to provide health services and programs to the public. The fees will be set for the sole purpose of defraying costs and expenses of the programs and services, and will not be for the purposes of general revenue.

6. Fire

Action to adopt, on second reading, Bill No. 131, an ordinance amending the Carson City Municipal Code Title 14, Fire, Section 14.02.045, Section 105.7 - Required Construction Permits, to provide for a technical correction to an internal reference and by amending Section 14.02.115, Section 903 - Fire Sprinklers, to revise the method for the determination of total floor area and other matters properly related thereto.

Staff Summary: Ordinance 2008-19 was adopted making changes to Section 14.02.045 of the Carson City Municipal Code relating to the calculation of certain fees. The reference contained in Section 14.02.045 to the section of the CCMC controlling the calculations of fees was incorrect. This ordinance will fix the reference to the correct section of the CCMC. Additionally, Section 14.02.115 of the CCMC relating to the requirements for the installation of fire sprinklers in certain buildings is being amended to provide for the determination, by the Building Official, of the square footage of 1 and 2 family structures for the purpose of determining when fire sprinklers are required.

7. Development Services - Planning and Zoning

Action to adopt, on second reading, Bill No. 132, an ordinance amending the Carson City Municipal Code Title 18 Zoning, Chapter 18.02 Administrative Provisions, Section, Temporary Use Permits, to modify language associated with Outdoor Sales and Activities for consistency purposes; amending Chapter 18.03 Definitions, Section 18.03.010, Words and Terms Defined, to modify the definitions of Beauty Shop, Motel, Personal Services, to define Animals and Fowl and to delete the definition of Full Service Beauty Salon and Mobile Canteen; amending Chapter 18.04 Use Districts, Section 18.04.120 Neighborhood Business, to add the specific Outdoor Sales and Activities reference; amending Section 18.04.130 Retail Commercial, to modify language associated with Outdoor Sales and Activities for consistency purposes, and to delete Facial Cosmetic Shading, Permanent, from accessory uses for consistency; amending Section 18.040.135 General Commercial, to modify language associated with Outdoor Sales and Activities and Outside Storage for consistency purposes, and to add Facial Cosmetic Shading, Permanent, as a primary permitted use; amending Section 18.04.145 Limited Industrial, to modify language associated with Outdoor Sales and Activities and Outside Storage for consistency purposes; amending Section 18.04.150 General Industrial, to modify language associated with Outdoor Sales and Activities and Outside Storage for consistency purposes, and to correct Paint Manufacturing to alphabetical order; amending Section 18.04.155 Air Industrial Park, correcting Outdoor Storage to Outside Storage for consistency purposes; amending Section 18.04.185 Public Regional, correcting Museum to alphabetical order; amending Chapter 18.05 General Provisions, Section 18.05.045 Home Occupation, correcting Outdoor Storage to Outside Storage for consistency purposes; amending Section 18.05.065 Uses Required to be within a Structure, correcting Outside Sales to Outdoor Sales for consistency purposes; amending Chapter 18.14 Extraction Operations, Section 18.14.030 Temporary On-Site Aggregate Facilities/Production, correcting Outside Sales to Outdoor Sales for consistency purposes; amending Chapter 18.16 Development Standards Division 1, Land Use and Site Design, Section 1.2 Site Design, correcting Outdoor Storage to Outside Storage for consistency purposes; amending Section 1.12 Outside Storage, to clarify Outside Storage purpose; amending Section 1.19 Adult Merchandise Retail Establishment Performance Standards, correcting Outside Sales to Outdoor Sales for consistency purposes; and amending Section 3.7 Trees, correcting Outside Display to Outdoor Display for consistency purposes; and making various technical corrections and other matters properly related thereto. (File ZCA-08-059)

Staff Summary: The purpose of this Zoning Code Amendment is to correct existing inconsistencies within the Carson City Municipal Code specifically related to Outdoor Storage and Outside Sales and Activities, in addition to minor technical corrections, including but not limited to definition corrections and the correction of uses to alphabetical order.

8. Parks and Recreation

Action to accept the Carson River Mercury Site Superfund Study area report prepared by Resource Concepts Inc.

Staff Summary: In anticipation of potential land purchases along the Carson River, the Open Space Advisory Committee commissioned this study of the Superfund Study Area. The study summarizes the extent of mercury contamination and the role of the Nevada Division of Environmental Protection in reviewing projects within the designated Superfund Areas.

9. Development Services

Action to accept a letter of intent from the Bank of the West to abate the nuisance at 1200, 1210, 1220, 1230, 1240, and 1300 Race Track Road, Carson City, Nevada 89701 (APN 009-311-64) and authorize the mayor to sign the letter of intent. 

Staff Summary: By this action, the Board will enter into an agreement with Bank of the West to abate the nuisance at the Schulz Ranch/Race Track.

10. City Manager

A) Selection of Carson City's Latino Employee of the Year as requested by Nevada Hispanic Services as part of their Salsa y Salsa Celebration.

Staff Summary: As part of the Salsa y Salsa event, Nevada Hispanic Services has asked that we select one employee as our Latino Employee of the Year. Staff recommends Tony Urrutia to the Board for consideration.

B) Action to approve subleasing a portion of the Brewery Arts Center to Scotty's Family Restaurant to operate a café subject to the terms of the lease between Carson City and the Brewery Arts Center.
                   Late Material - Sublease Agreement

Staff Summary: The lease for the Brewery Arts Center allows for subleasing property as long as the Lessor provides written consent to sub-lease.

C) Action to rescind Resolution No.2001-R-6 and to adopt a resolution regarding unclassified personnel and to approve a 3% cost of living increase for unclassified personnel, effective July 1, 2008.

Staff Summary: In January 2001, Resolution 2001- R-6 was adopted establishing the management benefits plan including, retirement, medical insurance, group life insurance, sick leave accrual, ambulance benefits, disability insurance, annual leave accrual, management leave, health examinations, pay ranges, performance pay, procedures for salary increases, temporary duty pay, application of FLSA guidelines, definition of overall benefits and the category of employees (Elected, Appointed Department/Division Heads, Appointed Public Safety Positions, Appointed Mid-Management Positions and Appointed Confidential Positions). Over the last seven years, the City has made changes to its management positions that are not reflected in the current resolution. The proposed resolution is an update to the previous resolution to reflect current operations and provides the following changes: (a) reduces performance pay to 2% for standard performance, 32% for above standard performance and 5% for exceptional performance from the previous rates of 2 2%, 5% and 7 2% respectively; (b) eliminates the performance pay for those unclassified employees that are at the top of their range; and (c) increase management leave from 40 hours to 80 hours and provides that up to 40 hours of management leave remaining as of June 30th of each year will be paid to the employee.

11. Mayor Teixeira

Discussion and possible action to require the repayment to the General Fund for the $2,000,000 provided to the Redevelopment Authority. The repayment would be completed within eight years or sooner of the date of the approval of this action.           Late Material - Property Tax Analysis - FY2009

Staff Summary: The General Fund provided $2,000,000 to the Redevelopment Authority #2 for incentives for the Burlington Coat Factory. This action would provide that, on average, $250,000 per year for the next eight years would be budgeted to repay the General Fund.

12. 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

13. 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: August 28, 2008

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