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SUMMARY OF ACTION FCC Meeting: WEDNESDAY, April 6, 2011 5:00 p.m. OPEN MEETING – PLEDGE OF ALLEGIANCE 1. ROLL CALL. Mayor, Councilman Chaffin, Councilwoman Malloy, Councilman Parsons and Councilman Edgington were present. Councilman Eilrich was absent. 2. APPROVAL OF THE AGENDA. A motion to approve agenda minus item #14 and 15 was APPROVED by a vote of 4-0-0, Eilrich absent. 3. PUBLIC INPUT. Public comment is limited to five minutes per person. Items not agendized for this meeting cannot be acted upon other than to place them on future agendas. Public input is prohibited regarding comments, which are not relevant to, or within the authority of, the public body, or if the content of the comments is willfully disruptive of the meeting by being irrelevant, repetitious, slanderous, offensive, inflammatory, irrational or amounting to personal attacks or interfering, with the rights of other speakers. NO action was taken on this item. 4. PROCLAMATIONS BY THE MAYOR. There were two proclamations for: Community Development Week and John Mansfield. 5. RECOGNITION OF EMPLOYEES. There was no recognition of employees. 6. CONSENT AGENDA: (PLEASE NOTE: All matters listed under the consent agenda are considered routine, and may be acted upon by the Council members in one motion, and without an extensive hearing. Any member of the Council or member of the public may request that an item be taken from the consent agenda, discussed, and acted upon separately during this meeting.) A. ACCEPT VOUCHERS REPORT. B. APPROVAL OF MINUTES – 03/02/2011 & 03/09/2011 C. APPROVAL OF LIQUOR LICENSE FOR SUSHI MOTO FERNLEY (NEW OWNER); LOCATED AT 1360 US HIGHWAY 95A #1 {END OF CONSENT AGENDA} Motion: approve consent agenda with exception of March 9, 2011 minutes, Action: Approve, Moved by Councilman Chaffin, Seconded by Councilwoman Malloy. Vote: Motion carried by unanimous roll call vote (summary: Yes = ---PAGE BREAK--- 04/06/2011 FCC Page 2 of 10 Yes: Councilman Chaffin, Councilman Edgington, Councilman Parsons, Councilwoman Malloy. 7. LEGISLATIVE UPDATE FROM NEVADA BUSINESS STRATEGIES INCLUDING, BUT NOT LIMITED TO, PROPOSED SENATE AND ASSEMBLY BILLS, CONSOLIDATED TAX, AND OTHER LEGISLATIVE ISSUES THAT RELATE TO THE CITY OF FERNLEY: • BDR 31- REVISES THE NOTICE REQUIREMENTS FOR CERTAIN WELL APPLICATIONS. • BDR 48-299 - RELATING TO WATER; REQUIRING THE STATE ENGINEER TO DESIGNATE CERTAIN GROUNDWATER BASINS AS CRITICAL MANAGEMENT AREAS; REQUIRING THE STATE ENGINEER TO TAKE CERTAIN ACTIONS IN SUCH A BASIN UNLESS A GROUNDWATER MANAGEMENT PLAN HAS BEEN APPROVED FOR THE BASIN; • BDR 48-681 - PROVIDES SPECIFIC AUTHORITY FOR PUBLIC BODIES TO LEASE WATER RIGHTS TO CERTAIN OWNERS OR HOLDERS OF WATER RIGHTS; • BDR 28-718 - RELATING TO PUBLIC WORKS; MAKING VARIOUS CHANGES RELATING TO THE WITHHOLDING OF RETAINAGE ON PROGRESS PAYMENTS FOR PUBLIC WORKS CONTRACTS; • BDR 64 –MAKES VARIOUS CHANGES RELATING TO BIDDER PREFERENCES ON LOCAL GOVERNMENT CONTRACTS AND TAX ABATEMENTS. • BDR 70 –ENACTS PROVISIONS REGULATING CONTINGENCY FEE CONTRACTS BETWEEN CERTAIN GOVERNMENTAL AGENCIES AND PRIVATE ATTORNEYS. • BDR 23-75 –MAKES CHANGES RELATING TO THE PUBLIC EMPLOYEE BENEFIT PLAN. • BDR 3-1002 (AB 396) - PROVIDES IMMUNITY FROM CIVIL LIABILITY TO LOCAL GOVERNMENTAL ENTITIES THAT ENGAGE IN COOPERATIVE TRAINING EXERCISES UNDER CERTAIN CIRCUMSTANCES; • BDR 30-114 –REVISES PROVISIONS GOVERNING THE RESERVE FOR CERTAIN LOCAL GOVERNMENT BONDS. • BDR 3-115 –MAKES VARIOUS CHANGES TO PROVISIONS CONCERNING EMINENT DOMAIN. • A.B. 387 - REVISES PROVISIONS RELATING TO CERTAIN DOMESTIC WELLS; • A.B. 361 - REVISES PROVISIONS RELATING TO PREFERENCES IN BIDDING ON SMALLER PUBLIC WORKS CONTRACTS; • A.B. 346 - PROVIDES A CAUSE OF ACTION AGAINST PUBLIC AGENCIES WHICH DELAY CERTAIN ACTIONS AFTER ADOPTING A RESOLUTION OF INTENT TO EXERCISE EMINENT DOMAIN; • A.B. 330 - MAKES VARIOUS CHANGES TO PROVISIONS RELATING TO CERTAIN GOVERNMENT CONTRACTS; • A.B. 413 - REVISES PROVISIONS GOVERNING PUBLIC WORKS; • A.B. 454- REMOVES PROSPECTIVE EXPIRATION OF CERTAIN PROVISIONS RELATING TO LAND USE PLANNING; • A.B. 466- REQUIRES THE STATE ENGINEER TO DEFINE, BY REGULATION, THE TERM “ENVIRONMENTALLY SOUND” FOR THE PURPOSE OF MAKING CERTAIN DETERMINATIONS RELATING TO INTERBASIN TRANSFERS OF GROUNDWATER; • A.B. 467 - REVISES PROVISIONS RELATING TO LOCAL GOVERNMENT. ---PAGE BREAK--- 04/06/2011 FCC Page 3 of 10 • BDR 23-964 (AB 405) - REVISES PROVISIONS GOVERNING THE PUBLIC EMPLOYEES’ RETIREMENT SYSTEM; • S.B. 267 - REVISES PROVISIONS GOVERNING PERSONAL INFORMATION • S.B. 329 - REVISES PROVISIONS GOVERNING PRESCRIPTIONS; • S.B. 369 - REQUIRES THE ESTABLISHMENT OF A PROGRAM OF SHARED WORK UNEMPLOYMENT COMPENSATION. • S.B. 373- REQUIRES PHOTOGRAPHIC IDENTIFICATION FOR VOTING; • S.B. 487- REVISES PROVISIONS RELATING TO THE AWARD OF A CONTRACT FOR A PUBLIC WORK TO A SPECIALTY CONTRACTOR; • S.B. 135 - REVISES PROVISIONS GOVERNING THE PRESUMPTION OF ELIGIBILITY FOR COVERAGE FOR CERTAIN OCCUPATIONAL DISEASES. • S.B. 162 - REVISES PROVISIONS GOVERNING TOPICS OF COLLECTIVE BARGAINING FOR PUBLIC EMPLOYEES; • S.B. 232 - REMOVES CERTAIN TRACTS OF LOCAL GOVERNMENTAL AND PRIVATE LAND FROM THE STATE DEFINITION OF THE SPRING MOUNTAINS NATIONAL RECREATION AREA; • S.B. 267 - REVISES PROVISIONS GOVERNING PERSONAL INFORMATION; • S.B. 487 - REVISES PROVISIONS RELATING TO THE AWARD OF A CONTRACT FOR A PUBLIC WORK TO A SPECIALTY CONTRACTOR; • A.B. 469 - REVISES PROVISIONS GOVERNING PUBLIC PROPERTY AND PURCHASING; • A.B. 470 - REVISES PROVISIONS GOVERNING PUBLIC WORKS CONTRACTS INVOLVING CONSTRUCTION MANAGERS AT RISK; • A.B. 471 - REVISES PROVISIONS RELATING TO ENTERPRISE FUNDS.; • A.B. 523 - REVISES PROVISIONS RELATING TO THE COVERAGE OF DEPENDENTS UNDER THE HEALTH CARE PLANS OF THE STATE AND LOCAL GOVERNMENTS; • S.B. 401- REVISES PROVISIONS RELATING TO PUBLIC WORKS; • A.B. 342 - AUTHORIZES THE STATE AND LOCAL GOVERNMENTS TO PUBLISH MATERIAL ELECTRONICALLY IN LIEU OF IN A NEWSPAPER IN CERTAIN CIRCUMSTANCES; • A.B. 338 - PROVIDES FOR RECONSIDERATION OF PERSONNEL DECISIONS FOR PUBLIC EMPLOYEES; • BDR 20-18 (SB 375) - AUTHORIZES COUNTIES AND CITIES TO CREATE RENEWABLE ENERGY CORRIDORS; • BDR 48-926 (SB 362) - REVISES PROVISIONS CONCERNING GROUNDWATER BASINS; • BDR 48-31 (SB 363) - REVISES THE NOTICE AND PUBLICATION REQUIREMENTS FOR CERTAIN APPLICATIONS FOR WATER RIGHTS; • A.B. 327 - REVISES PROVISIONS GOVERNING ELECTIONS; • BDR 3-132 –REVISES PROVISIONS RELATING TO EMINENT DOMAIN. • BDR 133 – ASSB GOV AFFAIRS COM – REQUIRES CONSOLIDATION OF ACCOUNTING OF CERTAIN LOCAL AND STATE AGENCIES. • BDR 21-139 –REVISES PROVISIONS CONCERNING ANNEXATION. • BDR 148 –REVISES PROVISIONS RELATING TO STAR BONDS. • BDR 170 – LEGIS COMMISSION COM TO STUDY POWERS DELEGATED TO LOCAL GOVERNMENTS – SB 264. GRANTS POWER TO LOCAL GOVERNMENTS TO ---PAGE BREAK--- 04/06/2011 FCC Page 4 of 10 PERFORM CERTAIN ACTS OR DUTIES WHICH ARE NOT PROHIBITED OR LIMITED BY STATUTE. • BDR 172 – LEGIS COMMISSION COM TO STUDY POWERS DELEGATED TO LOCAL GOVERNMENTS – (SB 264) – AUTHORIZES GOVERNING BODIES OF LOCAL GOVERNMENTS TO ADOPT ORDINANCES FOR THE SALE OF NAMING RIGHTS TO CERTAIN FACILITIES. • BDR 206 – LEGIS COM ON PUBLIC LANDS (NRS 218E.510)- REVISES PROVISIONS GOVERNING CERTAIN NOTICES AND HEARINGS CONCERNING APPLICATIONS TO APPROPRIATE WATER FOR BENEFICIAL USE. AMENDS THE STATUTES TO CLARIFY THE RE-NOTIFICATION AND HEARING PROCESS. • BDR 208 – LEGIS COM ON PUBLIC LANDS (NRS 218E.510) – REPEALS PROVISION REQUIRING A PUBLIC HEARING BEFORE THE ISSUANCE OF AN ORDER GRANTING DOMESTIC WELL CREDITS TO A PUBLIC WATER SYSTEM. • BDR 209 – LEGIS COM ON PUBLIC LANDS (NRS 218E.510) – REVISES THE AMOUNT OF FEES COLLECTED FOR ISSUING A PERMIT TO APPROPRIATE WATER FOR AGRICULTURAL USE. • BDR 285 –PROVIDES FOR TEMPORARY WATER USE FOR RESTORATION OF BURNED AREAS. • BDR 299 –REVISES PROVISIONS RELATING TO GROUNDWATER BASINS. • BDR 303 –REVISES PROVISIONS RELATING TO SALES AND USE TAXES. • BDR 312 – ASSB GOICOECHEA – REVISES PROVISIONS RELATING TO STOCKWATER. • BDR 315 – FERNLEY – REQUIRES BASE ADJUSTMENT IN FORMULA FOR ALLOCATIONS OF CONSOLIDATED TAX REVENUE AND PROVIDES FOR LEGISLATIVE STUDY TO DETERMINE MORE EQUITABLE ALLOCATION METHODOLOGY. • BDR 316 –REVISES PROVISIONS REGARDING COLLECTIVE BARGAINING BETWEEN GOVERNMENTS AND PUBLIC EMPLOYEES. • BDR 317 –LIMITS APPLICATION OF PROVISION WHICH MAKES EMPLOYER RESPONSIBLE TO EMPLOYEE FOR IMPACT OF WAGES ERRONEOUSLY REPORTED TO PUBLIC EMPLOYEE’S RETIREMENT SYSTEM. • BDR 318 –EXEMPTS SEASONAL EMPLOYEES OF LOCAL GOVERNMENT FROM UNEMPLOYMENT COMP COVERAGE. • BDR 347 –REVISES PROVISIONS RELATING TO WATER. • BDR 360 –REVISES PROVISIONS RELATING TO THE FILING OF A PROTEST TO APPLICATION TO APPROPRIATE WATER. • BDR 376 –REVISES PROVISIONS RELATING TO LOCAL GOVERNMENT FINANCE. • BDR 392 –MAKES CHANGES TO PROVISIONS GOVERNING LOCAL IMPROVEMENT DISTRICTS. • BDR 394 –MAKES VARIOUS CHANGES TO PROVISIONS REGARDING PUBLIC WORKS. • BDR 395 –MAKES VARIOUS CHANGES TO LOCAL GOVERNMENT FINANCE. • BDR 398 –REVISES THE FORMULA FOR DETERMINING LOCAL PROPERTY TAX ABATEMENTS TO ALLOW THE RECAPTURE OF CERTAIN INCREASES IN TAXABLE VALUE. • BDR 399 –ESTABLISHES AN ENERGY RISK MANAGEMENT PROGRAM TO MITIGATE THE PRICE OF A CITIES FLEET FUEL PRICES. ---PAGE BREAK--- 04/06/2011 FCC Page 5 of 10 • BDR 412 –ELIMINATES MANDATORY COLLECTIVE BARGAINING FOR ALL LOCAL GOVERNMENTS. • BDR 415 –MAKES VARIOUS CHANGES CONCERNING ARBITRATION AND MEDIATION OF ISSUES RELATING TO LOCAL GOVERNMENT CONTRACTS. • BDR 417 –PROVIDES GREATER FLEXIBILITY TO LOCAL GOVERNMENTS WITH RESPECT TO DECISIONS CONCERNING REDUCTIONS IN FORCES AND SERVICES. • BDR 467 (AB-73) WATER RESOURCES DIV OF CONSERVATION & NATURAL RESOURCES - CLARIFIES PROVISIONS GOVERNING NOTICES AND THE RIGHT OF ENTRY BY STATE ENGINEER AND STAFF FOR INSPECTION AND ELIMINATES HEARINGS FOR DOMESTIC WELL CREDIT PROGRAMS. • BDR 468 (AB 46) WATER RESOURCES DIV OF CONSERVATION & NATURAL RESOURCES – AMENDS THE STATUTES (SUCH AS NRS 534.04-) • BDR 525 (SB 68) –INCLUDES PARTICIPATION BY LOCAL GOVERNMENT IN MONITORING, MANAGING AND MITIGATION OF WATER RESOURCES. • BDR 525 –REVISES PROVISIONS REGARDING GOVERNMENTAL SERVICES TAX. • BDR 527 –REVISES PROVISIONS GOVERNING THE USE OF WEB SITES BY LOCAL GOVERNMENTS TO COMPLY WITH THE OPEN MEETING LAW. • BDR 529 –MAKES VARIOUS CHANGES RELATING TO PREVAILING WAGE. • BDR 534 –REVISES PROVISIONS REGARDING THE ISSUANCE OF CITY BUSINESS LICENSES. • BDR 548 –MAKES CHANGES TO POPULATION BASES FOR EXERCISE OF CERTAIN POWERS BY LOCAL GOVERNMENTS. • BDR 553 –REVISES PROVISIONS REGARDING PUBLIC WORKS CONTRACTS INVOLVING CONSTRUCTION MANAGERS AT RISK. • BDR 574– REVISES PROVISIONS REGARDING MEETING OF PUBLIC BODIES TO BE OPEN TO THE PUBLIC. • BDR 31-584 –CREATES AN ADVISORY COMMITTEE TO IDENTIFY DUPLICATION AND INEFFICIENCIES IN STATE AGENCIES AND THE PROVISION OF PUBLIC SERVICES. • BDR 22-592 –REVISES THE RESTRICTIONS ON LOCAL GOVERNMENT BODIES REGARDING THE PLACEMENT AND USE OF ALTERNATIVE ENERGY SOURCES. • BDR 604 –REVISES PROVISIONS REGARDING THE PUBLIC EMPLOYEE BENEFITS PROGRAM. • BDR 606 –REVISES CERTAIN PROVISIONS REGARDING VOTER ID. • BDR 610 –REVISES PROVISIONS REGARDING GOVERNING COMMON-INTEREST COMMUNITIES. • BDR 613 –REVISES CERTAIN PROPERTY TAX EXEMPTIONS FOR VETERANS. • BDR 618 –MAKES VARIOUS CHANGES RELATING TO THE EFFICIENCY OF GOVERNMENTAL PROGRAMS. • BDR 638 –REVISES PROVISIONS REGARDING THE PUBLIC EMPLOYEES RETIREMENT SYSTEM. • BDR 678 –REVISES PROVISIONS REGARDING PURCHASING BY GOVERNMENTAL ENTITIES. • BDR 679 –REVISES PROVISIONS RELATING TO PUBLIC WORKS AND PURCHASING REGARDING SUBCONTRACTORS. • BDR 681 –ALLOWS FOR PUBLIC WATER AGENCY TO LEASE WATER. ---PAGE BREAK--- 04/06/2011 FCC Page 6 of 10 • BDR 684 –REVISES PROVISIONS GOVERNING MUNICIPAL ELECTIONS. • BDR 692 –REVISES PROVISIONS REGARDING PREVAILING WAGES. • BDR 696 –REVISES PROVISIONS REGARDING GOVERNMENT SERVICES TAX. • BDR 714 –REVISES PROVISIONS GOVERNING PLANNING AND ZONING. • BDR 717 –REVISES PROVISIONS REGARDING POST-EMPLOYMENT ELIGIBILITY FOR PRESUMPTIVE OCCUPATIONAL DISEASE COVERAGE. • BDR 718 –REVISES PROVISIONS REGARDING PUBLIC WORKS. • BDR 723 –REVISES PROVISIONS REGARDING PRESUMPTIVE COVERAGE OF FIREFIGHTERS, POLICE OFFICERS, AND ARSON INVESTIGATORS FOR CERTAIN OCCUPATIONAL DISEASES. • BDR 730 –PROVIDES FOR STUDY OF WATER. • BDR 731 –REVISES PROVISIONS REGARDING THE ELECTION OF CITY COUNCIL MEMBERS IN CERTAIN MUNICIPALITIES. • BDR 745 –CREATES A STATUTORY COMMISSION TO EVALUATE GOVERNMENT PROGRAMS AND SERVICES. • BDR 750 –REVISES PROVISIONS REGARDING SERVICES PROVIDED BY LOCAL GOVERNMENTS. • BDR 767 –REVISES PROVISIONS GOVERNING PROFESSIONAL ENGINEERS AND LAND SURVEYORS. • BDR 772 –REQUIRES PUBLIC EMPLOYEE ORGANIZATIONS TO PROVIDE AN ANNUAL FINANCIAL REPORT ON SALARIES, THE AMOUNT OF DUES COLLECTED AND OTHER EXPENDITURES. • BDR 788 –REVISES PROVISIONS REGARDING MANDATORY TOPICS OF COLLECTIVE BARGAINING FOR PUBLIC EMPLOYEES. • BDR 793 –MAKES VARIOUS CHANGES RELATING TO PROPERTY TAXES. • BDR 794 –REVISES PROVISIONS REGARDING TRAFFIC LAWS. • BDR 796 –REVISES PROVISIONS REGARDING GOVERNMENTAL FACILITIES FOR CHILDREN. • BDR 798 –MAKES VARIOUS CHANGES TO TAXES ON CERTAIN FUELS. • BDR 799 –REVISES PROVISIONS RELATING TO UNLAWFUL DISCRIMINATION IN PLACES OF PUBLIC ACCOMMODATION. • BDR 805 –REVISES PROVISIONS RELATING TO TAXATION. • BDR 818 - REVISES PROVISIONS REGARDING THE INCORPORATION OF CITIES. • BDR 821 –REVISES PROVISIONS RELATING TO WATER. • BDR 829 –MAKES VARIOUS CHANGES RELATING TO WATER. • BDR 839 –REVISES POWERS AND DUTIES OF CITIES AND COUNTIES. • BDR 842 –MAKES VARIOUS CHANGES REGARDING PUBLIC/PRIVATE PARTNERSHIPS. • BDR 847 –ENACT PROVISIONS FOR PROTECTION OF THE WATERS OF THE STATE FROM AQUATIC INVASIVE SPECIES. • BDR 891 –PROVIDES FOR EFFECTIVENESS AND EFFICIENCY IN GOVERNMENT. • BDR 895 –URGES FEDERAL GOVT TO ENTER INTO DISCUSSIONS WITH THE STATE OF NV AND NYE COUNTY CONCERNING MITIGATION FOR CONTAMINATION OF CERTAIN WATERS OF THE STATE. • BDR 915 –REVISES PROVISIONS RELATING TO ENTERPRISE FUNDS AND OTHER LOCAL GOVERNMENT ACCOUNTING PROCEDURES. ---PAGE BREAK--- 04/06/2011 FCC Page 7 of 10 • BDR 919– INCREASES THE ROLE OF CERTAIN LOCAL GOVERNMENTS IN THE GRANT PROCESS FOR CERTAIN PROJECTS. • BDR 926 –MAKES VARIOUS CHANGES RELATING TO REGULATION AND USE OF WATER. NO action was taken on this item. It was informational only. 8. PUBLIC HEARING, DISCUSSION AND POSSIBLE ADOPTION OF BILL #163 AS AN ORDINANCE AUTHORIZING THE CITY OF FERNLEY TO ENTER INTO A DEVELOPMENT AGREEMENT (DA 11-24) TO EXTEND THE PERIOD OF TIME FOR PHASE II FINAL MAP APPROVAL OF THE GOLF CLUB AT FERNLEY (TSM 05-05), LOCATED AT 4000 FARM DISTRICT ROAD (APN: 20-581-02, 20-581-03, 20-581-04, 20- 581-05). Motion: to adopt Bill #163 as an Ordinance which would authorize the City of Fernley to enter into a development agreement (DA 11-24) to extend the period of time for phase II final map recordation for the Golf Club at Fernley (TSM 05-05), based on the discussion and findings provided in this Staff Report, Action: Approve, Moved by Councilman Parsons, Seconded by Councilwoman Malloy. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Parsons, Councilwoman Malloy. 9. DISCUSSION REGARDING STATUS OF REHABILITATION PROJECT FOR TRUCKEE CANAL IRRIGATION DISTRICT. NO action was taken on this item. It was informational only. 10. CITY ATTORNEY EVALUATION– DISCUSSION AND POSSIBLE ACTION REGARDING THE CITY ATTORNEY PAST YEAR’S EMPLOYMENT PERFORMANCE, AND THE CITY COUNCIL AND MAYOR’S SATISFACTION WITH THE CITY ATTORNEY’S EMPLOYMENT PERFORMANCE INCLUDING BUT NOT LIMITED TO: A. CITY ATTORNEY CONTRACT COMPLIANCE. B. GENERAL PERFORMANCE AS THE CITY ATTORNEY. Motion: approval the City Attorney’s evaluation and summaries, Action: Approve, Moved by Councilman Parsons, Seconded by Councilman Chaffin. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Parsons, Councilwoman Malloy. 11. DISCUSSION AND POSSIBLE APPROVAL OF FERNLEY CONVENTION AND TOURISM AUTHORITY BI-ANNUAL REPORT. Motion: to tab le the report and bring back at a later date, Action: Approve, Moved by Councilman Chaffin, Seconded by Councilman Parsons. Vote: Motion carried by unanimous roll call vote (summary: Yes = ---PAGE BREAK--- 04/06/2011 FCC Page 8 of 10 Yes: Councilman Chaffin, Councilman Edgington, Councilman Parsons, Councilwoman Malloy. 12. DISCUSSION AND POSSIBLE ACTION TO APPROVE THE COOPERATIVE AGREEMENT WITH LYON COUNTY SCHOOL DISTRICT TO PARTNER WITH AND IMPLEMENT A PUBLIC COMPUTING CENTER IN FERNLEY. Motion: to support and approve the Cooperative Agreement with Lyon County School District to partner with to create and implement a public computing center and authorize the Mayor or designee to execute agreement, Action: Approve, Moved by Councilwoman Malloy, Seconded by Councilman Parsons Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Parsons, Councilwoman Malloy. 13. DISCUSSION AND POSSIBLE ACTION TO APPROVE MEMORANDUM OF UNDERSTANDING WITH LYON COUNTY SHERIFF TO PURCHASE PUBLIC SAFETY EQUIPMENT, THE CITY SHALL CONTRIBUTE $115,914.08 FROM THE US DEPARTMENT OF JUSTICE GRANT 2009 DI-BX-007. Motion: to support and approve Memorandum Of Understanding with Lyon County Sheriff and Authorize the Mayor or designee to execute the agreement, Action: Approve, Moved by Councilman Parsons, Seconded by Councilman Edgington. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Parsons, Councilwoman Malloy. 14. DISCUSSION AND POSSIBLE APPROVAL OF AWARD OF WATER MODEL UPDATES, CALIBRATION AND INFRASTRUCTURE VERIFICATION TO FARR WEST ENGINEERING IN AN AMOUNT NOT TO EXCEED $20,625.00. This item was pulled form the agenda by City Manager’s request. 15. DISCUSSION AND POSSIBLE APPROVAL OF AWARD OF WASTEWATER COLLECTION SYSTEM MODEL UPDATES, CALIBRATION AND INFRASTRUCTURE VERIFICATION TO FARR WEST ENGINEERING IN AN AMOUNT NOT TO EXCEED $18,930.00. This item was pulled form the agenda by City Manager’s request. 16. DISCUSSION AND POSSIBLE APPROVAL OF COOPERATIVE MAINTENANCE AGREEMENT BETWEEN THE CITY OF FERNLEY AND LYON COUNTY SCHOOL DISTRICT FOR USE AND MAINTENANCE OF RETENTION BASIN. Motion: to approve Cooperative Maintenance Agreement for the shared use and maintenance of the Silverland Intermediate School retention basin and storm drain improvements and as identified in the item 16 on the agenda, Action: Approve, Moved by Councilman Chaffin, Seconded by Councilwoman Malloy. Vote: Motion carried by unanimous roll call vote (summary: Yes = ---PAGE BREAK--- 04/06/2011 FCC Page 9 of 10 Yes: Councilman Chaffin, Councilman Edgington, Councilman Parsons, Councilwoman Malloy. 17. DISCUSSION AND POSSIBLE APPROVAL OF ALTERNATIVE ENERGY CONTRACT WITH UPSTAR ENERGY TO DEVELOP A WIND GENERATION FACILITY AT THE WASTEWATER TREATMENT PLANT USING NV ENERGY REBATES. Motion: to authorize the City Manager to negotiate an alternative energy lease contract with Upstar Energy, LLC, Action: Approve, Moved by Councilwoman Malloy, Seconded by Councilman Parsons. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Parsons, Councilwoman Malloy. 18. DISCUSSION AND POSSIBLE AWARD OF CONTRACT TO ARTISTIC FENCE COMPANY FOR VARIOUS PARK IMPROVEMENT PROJECTS THROUGH RESIDENTIAL CONSTRUCTION TAX (RCT, FUNDS) NOT TO EXCEED A TOTAL OF $23,319.00. A) RIVER RANCH PARK IMPROVEMENTS NOT TO EXCEED $2,297.00 B) PONDEROSA PARK IMPROVEMENTS NOT TO EXCEED $4,135.00 C) AUTUMN WINDS PARK IMPROVEMENTS NOT TO EXCEED $16,887.00 Motion: to approve the Public Works Department to proceed with the award of contract to Artistic Fence Company Inc. for fence improvements to River Ranch Park not to exceed $2,297.00, Ponderosa Park not to exceed $4,135.00 and Autumn Winds Parks not to exceed $16,887.00, and authorize the Mayor and City Clerk to execute the contract with Artistic Fence Company in accordance with tonight’s item of #18 on the agenda, Action: Approve, Moved by Councilman Chaffin, Councilman Edgington seconded. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Parsons, Councilwoman Malloy. 19. DISCUSSION AND POSSIBLE APPROVAL OF MOVING THE REGULARLY SCHEDULED CITY COUNCIL MEETING FROM MAY 18TH TO MAY 17TH DATE. Motion: to move the 18th meeting of May to the 17th of May to be accordance with the requirement of the official budget review and presentation and 17th agenda replace the 18th agenda, Action: Approve, Moved by Councilman Chaffin, Seconded by Councilman Parsons. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Parsons, Councilwoman Malloy. 20. REPORTS BY CITY STAFF, CITY COUNCIL AND MAYOR. This item is for various public entity representatives to provide general information to the Council and public. No action will be taken. No action was taken on this item. ---PAGE BREAK--- 04/06/2011 FCC Page 10 of 10 21. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Requests for future agenda items included: Reduce Community Development budget for this fiscal year and not just next fiscal year. Review of Public Request Policy. Revisit and review of Ordinance 22. ADJOURNMENT. Meeting adjourned at 7:05pm. ---PAGE BREAK--- SUMMARY OF ACTION FCC Meeting: WEDNESDAY, April 6, 2011 5:00 p.m. OPEN MEETING – PLEDGE OF ALLEGIANCE 1. ROLL CALL. Mayor, Councilman Chaffin, Councilwoman Malloy, Councilman Parsons and Councilman Edgington were present. Councilman Eilrich was absent. 2. APPROVAL OF THE AGENDA. A motion to approve agenda minus item #14 and 15 was APPROVED by a vote of 4-0-0, Eilrich absent. 3. PUBLIC INPUT. Public comment is limited to five minutes per person. Items not agendized for this meeting cannot be acted upon other than to place them on future agendas. Public input is prohibited regarding comments, which are not relevant to, or within the authority of, the public body, or if the content of the comments is willfully disruptive of the meeting by being irrelevant, repetitious, slanderous, offensive, inflammatory, irrational or amounting to personal attacks or interfering, with the rights of other speakers. NO action was taken on this item. 4. PROCLAMATIONS BY THE MAYOR. There were two proclamations for: Community Development Week and John Mansfield. 5. RECOGNITION OF EMPLOYEES. There was no recognition of employees. 6. CONSENT AGENDA: (PLEASE NOTE: All matters listed under the consent agenda are considered routine, and may be acted upon by the Council members in one motion, and without an extensive hearing. Any member of the Council or member of the public may request that an item be taken from the consent agenda, discussed, and acted upon separately during this meeting.) A. ACCEPT VOUCHERS REPORT. B. APPROVAL OF MINUTES – 03/02/2011 & 03/09/2011 C. APPROVAL OF LIQUOR LICENSE FOR SUSHI MOTO FERNLEY (NEW OWNER); LOCATED AT 1360 US HIGHWAY 95A #1 {END OF CONSENT AGENDA} Motion: approve consent agenda with exception of March 9, 2011 minutes, Action: Approve, Moved by Councilman Chaffin, Seconded by Councilwoman Malloy. Vote: Motion carried by unanimous roll call vote (summary: Yes = ---PAGE BREAK--- 04/06/2011 FCC Page 2 of 10 Yes: Councilman Chaffin, Councilman Edgington, Councilman Parsons, Councilwoman Malloy. 7. LEGISLATIVE UPDATE FROM NEVADA BUSINESS STRATEGIES INCLUDING, BUT NOT LIMITED TO, PROPOSED SENATE AND ASSEMBLY BILLS, CONSOLIDATED TAX, AND OTHER LEGISLATIVE ISSUES THAT RELATE TO THE CITY OF FERNLEY: • BDR 31- REVISES THE NOTICE REQUIREMENTS FOR CERTAIN WELL APPLICATIONS. • BDR 48-299 - RELATING TO WATER; REQUIRING THE STATE ENGINEER TO DESIGNATE CERTAIN GROUNDWATER BASINS AS CRITICAL MANAGEMENT AREAS; REQUIRING THE STATE ENGINEER TO TAKE CERTAIN ACTIONS IN SUCH A BASIN UNLESS A GROUNDWATER MANAGEMENT PLAN HAS BEEN APPROVED FOR THE BASIN; • BDR 48-681 - PROVIDES SPECIFIC AUTHORITY FOR PUBLIC BODIES TO LEASE WATER RIGHTS TO CERTAIN OWNERS OR HOLDERS OF WATER RIGHTS; • BDR 28-718 - RELATING TO PUBLIC WORKS; MAKING VARIOUS CHANGES RELATING TO THE WITHHOLDING OF RETAINAGE ON PROGRESS PAYMENTS FOR PUBLIC WORKS CONTRACTS; • BDR 64 –MAKES VARIOUS CHANGES RELATING TO BIDDER PREFERENCES ON LOCAL GOVERNMENT CONTRACTS AND TAX ABATEMENTS. • BDR 70 –ENACTS PROVISIONS REGULATING CONTINGENCY FEE CONTRACTS BETWEEN CERTAIN GOVERNMENTAL AGENCIES AND PRIVATE ATTORNEYS. • BDR 23-75 –MAKES CHANGES RELATING TO THE PUBLIC EMPLOYEE BENEFIT PLAN. • BDR 3-1002 (AB 396) - PROVIDES IMMUNITY FROM CIVIL LIABILITY TO LOCAL GOVERNMENTAL ENTITIES THAT ENGAGE IN COOPERATIVE TRAINING EXERCISES UNDER CERTAIN CIRCUMSTANCES; • BDR 30-114 –REVISES PROVISIONS GOVERNING THE RESERVE FOR CERTAIN LOCAL GOVERNMENT BONDS. • BDR 3-115 –MAKES VARIOUS CHANGES TO PROVISIONS CONCERNING EMINENT DOMAIN. • A.B. 387 - REVISES PROVISIONS RELATING TO CERTAIN DOMESTIC WELLS; • A.B. 361 - REVISES PROVISIONS RELATING TO PREFERENCES IN BIDDING ON SMALLER PUBLIC WORKS CONTRACTS; • A.B. 346 - PROVIDES A CAUSE OF ACTION AGAINST PUBLIC AGENCIES WHICH DELAY CERTAIN ACTIONS AFTER ADOPTING A RESOLUTION OF INTENT TO EXERCISE EMINENT DOMAIN; • A.B. 330 - MAKES VARIOUS CHANGES TO PROVISIONS RELATING TO CERTAIN GOVERNMENT CONTRACTS; • A.B. 413 - REVISES PROVISIONS GOVERNING PUBLIC WORKS; • A.B. 454- REMOVES PROSPECTIVE EXPIRATION OF CERTAIN PROVISIONS RELATING TO LAND USE PLANNING; • A.B. 466- REQUIRES THE STATE ENGINEER TO DEFINE, BY REGULATION, THE TERM “ENVIRONMENTALLY SOUND” FOR THE PURPOSE OF MAKING CERTAIN DETERMINATIONS RELATING TO INTERBASIN TRANSFERS OF GROUNDWATER; • A.B. 467 - REVISES PROVISIONS RELATING TO LOCAL GOVERNMENT. ---PAGE BREAK--- 04/06/2011 FCC Page 3 of 10 • BDR 23-964 (AB 405) - REVISES PROVISIONS GOVERNING THE PUBLIC EMPLOYEES’ RETIREMENT SYSTEM; • S.B. 267 - REVISES PROVISIONS GOVERNING PERSONAL INFORMATION • S.B. 329 - REVISES PROVISIONS GOVERNING PRESCRIPTIONS; • S.B. 369 - REQUIRES THE ESTABLISHMENT OF A PROGRAM OF SHARED WORK UNEMPLOYMENT COMPENSATION. • S.B. 373- REQUIRES PHOTOGRAPHIC IDENTIFICATION FOR VOTING; • S.B. 487- REVISES PROVISIONS RELATING TO THE AWARD OF A CONTRACT FOR A PUBLIC WORK TO A SPECIALTY CONTRACTOR; • S.B. 135 - REVISES PROVISIONS GOVERNING THE PRESUMPTION OF ELIGIBILITY FOR COVERAGE FOR CERTAIN OCCUPATIONAL DISEASES. • S.B. 162 - REVISES PROVISIONS GOVERNING TOPICS OF COLLECTIVE BARGAINING FOR PUBLIC EMPLOYEES; • S.B. 232 - REMOVES CERTAIN TRACTS OF LOCAL GOVERNMENTAL AND PRIVATE LAND FROM THE STATE DEFINITION OF THE SPRING MOUNTAINS NATIONAL RECREATION AREA; • S.B. 267 - REVISES PROVISIONS GOVERNING PERSONAL INFORMATION; • S.B. 487 - REVISES PROVISIONS RELATING TO THE AWARD OF A CONTRACT FOR A PUBLIC WORK TO A SPECIALTY CONTRACTOR; • A.B. 469 - REVISES PROVISIONS GOVERNING PUBLIC PROPERTY AND PURCHASING; • A.B. 470 - REVISES PROVISIONS GOVERNING PUBLIC WORKS CONTRACTS INVOLVING CONSTRUCTION MANAGERS AT RISK; • A.B. 471 - REVISES PROVISIONS RELATING TO ENTERPRISE FUNDS.; • A.B. 523 - REVISES PROVISIONS RELATING TO THE COVERAGE OF DEPENDENTS UNDER THE HEALTH CARE PLANS OF THE STATE AND LOCAL GOVERNMENTS; • S.B. 401- REVISES PROVISIONS RELATING TO PUBLIC WORKS; • A.B. 342 - AUTHORIZES THE STATE AND LOCAL GOVERNMENTS TO PUBLISH MATERIAL ELECTRONICALLY IN LIEU OF IN A NEWSPAPER IN CERTAIN CIRCUMSTANCES; • A.B. 338 - PROVIDES FOR RECONSIDERATION OF PERSONNEL DECISIONS FOR PUBLIC EMPLOYEES; • BDR 20-18 (SB 375) - AUTHORIZES COUNTIES AND CITIES TO CREATE RENEWABLE ENERGY CORRIDORS; • BDR 48-926 (SB 362) - REVISES PROVISIONS CONCERNING GROUNDWATER BASINS; • BDR 48-31 (SB 363) - REVISES THE NOTICE AND PUBLICATION REQUIREMENTS FOR CERTAIN APPLICATIONS FOR WATER RIGHTS; • A.B. 327 - REVISES PROVISIONS GOVERNING ELECTIONS; • BDR 3-132 –REVISES PROVISIONS RELATING TO EMINENT DOMAIN. • BDR 133 – ASSB GOV AFFAIRS COM – REQUIRES CONSOLIDATION OF ACCOUNTING OF CERTAIN LOCAL AND STATE AGENCIES. • BDR 21-139 –REVISES PROVISIONS CONCERNING ANNEXATION. • BDR 148 –REVISES PROVISIONS RELATING TO STAR BONDS. • BDR 170 – LEGIS COMMISSION COM TO STUDY POWERS DELEGATED TO LOCAL GOVERNMENTS – SB 264. GRANTS POWER TO LOCAL GOVERNMENTS TO ---PAGE BREAK--- 04/06/2011 FCC Page 4 of 10 PERFORM CERTAIN ACTS OR DUTIES WHICH ARE NOT PROHIBITED OR LIMITED BY STATUTE. • BDR 172 – LEGIS COMMISSION COM TO STUDY POWERS DELEGATED TO LOCAL GOVERNMENTS – (SB 264) – AUTHORIZES GOVERNING BODIES OF LOCAL GOVERNMENTS TO ADOPT ORDINANCES FOR THE SALE OF NAMING RIGHTS TO CERTAIN FACILITIES. • BDR 206 – LEGIS COM ON PUBLIC LANDS (NRS 218E.510)- REVISES PROVISIONS GOVERNING CERTAIN NOTICES AND HEARINGS CONCERNING APPLICATIONS TO APPROPRIATE WATER FOR BENEFICIAL USE. AMENDS THE STATUTES TO CLARIFY THE RE-NOTIFICATION AND HEARING PROCESS. • BDR 208 – LEGIS COM ON PUBLIC LANDS (NRS 218E.510) – REPEALS PROVISION REQUIRING A PUBLIC HEARING BEFORE THE ISSUANCE OF AN ORDER GRANTING DOMESTIC WELL CREDITS TO A PUBLIC WATER SYSTEM. • BDR 209 – LEGIS COM ON PUBLIC LANDS (NRS 218E.510) – REVISES THE AMOUNT OF FEES COLLECTED FOR ISSUING A PERMIT TO APPROPRIATE WATER FOR AGRICULTURAL USE. • BDR 285 –PROVIDES FOR TEMPORARY WATER USE FOR RESTORATION OF BURNED AREAS. • BDR 299 –REVISES PROVISIONS RELATING TO GROUNDWATER BASINS. • BDR 303 –REVISES PROVISIONS RELATING TO SALES AND USE TAXES. • BDR 312 – ASSB GOICOECHEA – REVISES PROVISIONS RELATING TO STOCKWATER. • BDR 315 – FERNLEY – REQUIRES BASE ADJUSTMENT IN FORMULA FOR ALLOCATIONS OF CONSOLIDATED TAX REVENUE AND PROVIDES FOR LEGISLATIVE STUDY TO DETERMINE MORE EQUITABLE ALLOCATION METHODOLOGY. • BDR 316 –REVISES PROVISIONS REGARDING COLLECTIVE BARGAINING BETWEEN GOVERNMENTS AND PUBLIC EMPLOYEES. • BDR 317 –LIMITS APPLICATION OF PROVISION WHICH MAKES EMPLOYER RESPONSIBLE TO EMPLOYEE FOR IMPACT OF WAGES ERRONEOUSLY REPORTED TO PUBLIC EMPLOYEE’S RETIREMENT SYSTEM. • BDR 318 –EXEMPTS SEASONAL EMPLOYEES OF LOCAL GOVERNMENT FROM UNEMPLOYMENT COMP COVERAGE. • BDR 347 –REVISES PROVISIONS RELATING TO WATER. • BDR 360 –REVISES PROVISIONS RELATING TO THE FILING OF A PROTEST TO APPLICATION TO APPROPRIATE WATER. • BDR 376 –REVISES PROVISIONS RELATING TO LOCAL GOVERNMENT FINANCE. • BDR 392 –MAKES CHANGES TO PROVISIONS GOVERNING LOCAL IMPROVEMENT DISTRICTS. • BDR 394 –MAKES VARIOUS CHANGES TO PROVISIONS REGARDING PUBLIC WORKS. • BDR 395 –MAKES VARIOUS CHANGES TO LOCAL GOVERNMENT FINANCE. • BDR 398 –REVISES THE FORMULA FOR DETERMINING LOCAL PROPERTY TAX ABATEMENTS TO ALLOW THE RECAPTURE OF CERTAIN INCREASES IN TAXABLE VALUE. • BDR 399 –ESTABLISHES AN ENERGY RISK MANAGEMENT PROGRAM TO MITIGATE THE PRICE OF A CITIES FLEET FUEL PRICES. ---PAGE BREAK--- 04/06/2011 FCC Page 5 of 10 • BDR 412 –ELIMINATES MANDATORY COLLECTIVE BARGAINING FOR ALL LOCAL GOVERNMENTS. • BDR 415 –MAKES VARIOUS CHANGES CONCERNING ARBITRATION AND MEDIATION OF ISSUES RELATING TO LOCAL GOVERNMENT CONTRACTS. • BDR 417 –PROVIDES GREATER FLEXIBILITY TO LOCAL GOVERNMENTS WITH RESPECT TO DECISIONS CONCERNING REDUCTIONS IN FORCES AND SERVICES. • BDR 467 (AB-73) WATER RESOURCES DIV OF CONSERVATION & NATURAL RESOURCES - CLARIFIES PROVISIONS GOVERNING NOTICES AND THE RIGHT OF ENTRY BY STATE ENGINEER AND STAFF FOR INSPECTION AND ELIMINATES HEARINGS FOR DOMESTIC WELL CREDIT PROGRAMS. • BDR 468 (AB 46) WATER RESOURCES DIV OF CONSERVATION & NATURAL RESOURCES – AMENDS THE STATUTES (SUCH AS NRS 534.04-) • BDR 525 (SB 68) –INCLUDES PARTICIPATION BY LOCAL GOVERNMENT IN MONITORING, MANAGING AND MITIGATION OF WATER RESOURCES. • BDR 525 –REVISES PROVISIONS REGARDING GOVERNMENTAL SERVICES TAX. • BDR 527 –REVISES PROVISIONS GOVERNING THE USE OF WEB SITES BY LOCAL GOVERNMENTS TO COMPLY WITH THE OPEN MEETING LAW. • BDR 529 –MAKES VARIOUS CHANGES RELATING TO PREVAILING WAGE. • BDR 534 –REVISES PROVISIONS REGARDING THE ISSUANCE OF CITY BUSINESS LICENSES. • BDR 548 –MAKES CHANGES TO POPULATION BASES FOR EXERCISE OF CERTAIN POWERS BY LOCAL GOVERNMENTS. • BDR 553 –REVISES PROVISIONS REGARDING PUBLIC WORKS CONTRACTS INVOLVING CONSTRUCTION MANAGERS AT RISK. • BDR 574– REVISES PROVISIONS REGARDING MEETING OF PUBLIC BODIES TO BE OPEN TO THE PUBLIC. • BDR 31-584 –CREATES AN ADVISORY COMMITTEE TO IDENTIFY DUPLICATION AND INEFFICIENCIES IN STATE AGENCIES AND THE PROVISION OF PUBLIC SERVICES. • BDR 22-592 –REVISES THE RESTRICTIONS ON LOCAL GOVERNMENT BODIES REGARDING THE PLACEMENT AND USE OF ALTERNATIVE ENERGY SOURCES. • BDR 604 –REVISES PROVISIONS REGARDING THE PUBLIC EMPLOYEE BENEFITS PROGRAM. • BDR 606 –REVISES CERTAIN PROVISIONS REGARDING VOTER ID. • BDR 610 –REVISES PROVISIONS REGARDING GOVERNING COMMON-INTEREST COMMUNITIES. • BDR 613 –REVISES CERTAIN PROPERTY TAX EXEMPTIONS FOR VETERANS. • BDR 618 –MAKES VARIOUS CHANGES RELATING TO THE EFFICIENCY OF GOVERNMENTAL PROGRAMS. • BDR 638 –REVISES PROVISIONS REGARDING THE PUBLIC EMPLOYEES RETIREMENT SYSTEM. • BDR 678 –REVISES PROVISIONS REGARDING PURCHASING BY GOVERNMENTAL ENTITIES. • BDR 679 –REVISES PROVISIONS RELATING TO PUBLIC WORKS AND PURCHASING REGARDING SUBCONTRACTORS. • BDR 681 –ALLOWS FOR PUBLIC WATER AGENCY TO LEASE WATER. ---PAGE BREAK--- 04/06/2011 FCC Page 6 of 10 • BDR 684 –REVISES PROVISIONS GOVERNING MUNICIPAL ELECTIONS. • BDR 692 –REVISES PROVISIONS REGARDING PREVAILING WAGES. • BDR 696 –REVISES PROVISIONS REGARDING GOVERNMENT SERVICES TAX. • BDR 714 –REVISES PROVISIONS GOVERNING PLANNING AND ZONING. • BDR 717 –REVISES PROVISIONS REGARDING POST-EMPLOYMENT ELIGIBILITY FOR PRESUMPTIVE OCCUPATIONAL DISEASE COVERAGE. • BDR 718 –REVISES PROVISIONS REGARDING PUBLIC WORKS. • BDR 723 –REVISES PROVISIONS REGARDING PRESUMPTIVE COVERAGE OF FIREFIGHTERS, POLICE OFFICERS, AND ARSON INVESTIGATORS FOR CERTAIN OCCUPATIONAL DISEASES. • BDR 730 –PROVIDES FOR STUDY OF WATER. • BDR 731 –REVISES PROVISIONS REGARDING THE ELECTION OF CITY COUNCIL MEMBERS IN CERTAIN MUNICIPALITIES. • BDR 745 –CREATES A STATUTORY COMMISSION TO EVALUATE GOVERNMENT PROGRAMS AND SERVICES. • BDR 750 –REVISES PROVISIONS REGARDING SERVICES PROVIDED BY LOCAL GOVERNMENTS. • BDR 767 –REVISES PROVISIONS GOVERNING PROFESSIONAL ENGINEERS AND LAND SURVEYORS. • BDR 772 –REQUIRES PUBLIC EMPLOYEE ORGANIZATIONS TO PROVIDE AN ANNUAL FINANCIAL REPORT ON SALARIES, THE AMOUNT OF DUES COLLECTED AND OTHER EXPENDITURES. • BDR 788 –REVISES PROVISIONS REGARDING MANDATORY TOPICS OF COLLECTIVE BARGAINING FOR PUBLIC EMPLOYEES. • BDR 793 –MAKES VARIOUS CHANGES RELATING TO PROPERTY TAXES. • BDR 794 –REVISES PROVISIONS REGARDING TRAFFIC LAWS. • BDR 796 –REVISES PROVISIONS REGARDING GOVERNMENTAL FACILITIES FOR CHILDREN. • BDR 798 –MAKES VARIOUS CHANGES TO TAXES ON CERTAIN FUELS. • BDR 799 –REVISES PROVISIONS RELATING TO UNLAWFUL DISCRIMINATION IN PLACES OF PUBLIC ACCOMMODATION. • BDR 805 –REVISES PROVISIONS RELATING TO TAXATION. • BDR 818 - REVISES PROVISIONS REGARDING THE INCORPORATION OF CITIES. • BDR 821 –REVISES PROVISIONS RELATING TO WATER. • BDR 829 –MAKES VARIOUS CHANGES RELATING TO WATER. • BDR 839 –REVISES POWERS AND DUTIES OF CITIES AND COUNTIES. • BDR 842 –MAKES VARIOUS CHANGES REGARDING PUBLIC/PRIVATE PARTNERSHIPS. • BDR 847 –ENACT PROVISIONS FOR PROTECTION OF THE WATERS OF THE STATE FROM AQUATIC INVASIVE SPECIES. • BDR 891 –PROVIDES FOR EFFECTIVENESS AND EFFICIENCY IN GOVERNMENT. • BDR 895 –URGES FEDERAL GOVT TO ENTER INTO DISCUSSIONS WITH THE STATE OF NV AND NYE COUNTY CONCERNING MITIGATION FOR CONTAMINATION OF CERTAIN WATERS OF THE STATE. • BDR 915 –REVISES PROVISIONS RELATING TO ENTERPRISE FUNDS AND OTHER LOCAL GOVERNMENT ACCOUNTING PROCEDURES. ---PAGE BREAK--- 04/06/2011 FCC Page 7 of 10 • BDR 919– INCREASES THE ROLE OF CERTAIN LOCAL GOVERNMENTS IN THE GRANT PROCESS FOR CERTAIN PROJECTS. • BDR 926 –MAKES VARIOUS CHANGES RELATING TO REGULATION AND USE OF WATER. NO action was taken on this item. It was informational only. 8. PUBLIC HEARING, DISCUSSION AND POSSIBLE ADOPTION OF BILL #163 AS AN ORDINANCE AUTHORIZING THE CITY OF FERNLEY TO ENTER INTO A DEVELOPMENT AGREEMENT (DA 11-24) TO EXTEND THE PERIOD OF TIME FOR PHASE II FINAL MAP APPROVAL OF THE GOLF CLUB AT FERNLEY (TSM 05-05), LOCATED AT 4000 FARM DISTRICT ROAD (APN: 20-581-02, 20-581-03, 20-581-04, 20- 581-05). Motion: to adopt Bill #163 as an Ordinance which would authorize the City of Fernley to enter into a development agreement (DA 11-24) to extend the period of time for phase II final map recordation for the Golf Club at Fernley (TSM 05-05), based on the discussion and findings provided in this Staff Report, Action: Approve, Moved by Councilman Parsons, Seconded by Councilwoman Malloy. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Parsons, Councilwoman Malloy. 9. DISCUSSION REGARDING STATUS OF REHABILITATION PROJECT FOR TRUCKEE CANAL IRRIGATION DISTRICT. NO action was taken on this item. It was informational only. 10. CITY ATTORNEY EVALUATION– DISCUSSION AND POSSIBLE ACTION REGARDING THE CITY ATTORNEY PAST YEAR’S EMPLOYMENT PERFORMANCE, AND THE CITY COUNCIL AND MAYOR’S SATISFACTION WITH THE CITY ATTORNEY’S EMPLOYMENT PERFORMANCE INCLUDING BUT NOT LIMITED TO: A. CITY ATTORNEY CONTRACT COMPLIANCE. B. GENERAL PERFORMANCE AS THE CITY ATTORNEY. Motion: approval the City Attorney’s evaluation and summaries, Action: Approve, Moved by Councilman Parsons, Seconded by Councilman Chaffin. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Parsons, Councilwoman Malloy. 11. DISCUSSION AND POSSIBLE APPROVAL OF FERNLEY CONVENTION AND TOURISM AUTHORITY BI-ANNUAL REPORT. Motion: to tab le the report and bring back at a later date, Action: Approve, Moved by Councilman Chaffin, Seconded by Councilman Parsons. Vote: Motion carried by unanimous roll call vote (summary: Yes = ---PAGE BREAK--- 04/06/2011 FCC Page 8 of 10 Yes: Councilman Chaffin, Councilman Edgington, Councilman Parsons, Councilwoman Malloy. 12. DISCUSSION AND POSSIBLE ACTION TO APPROVE THE COOPERATIVE AGREEMENT WITH LYON COUNTY SCHOOL DISTRICT TO PARTNER WITH AND IMPLEMENT A PUBLIC COMPUTING CENTER IN FERNLEY. Motion: to support and approve the Cooperative Agreement with Lyon County School District to partner with to create and implement a public computing center and authorize the Mayor or designee to execute agreement, Action: Approve, Moved by Councilwoman Malloy, Seconded by Councilman Parsons Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Parsons, Councilwoman Malloy. 13. DISCUSSION AND POSSIBLE ACTION TO APPROVE MEMORANDUM OF UNDERSTANDING WITH LYON COUNTY SHERIFF TO PURCHASE PUBLIC SAFETY EQUIPMENT, THE CITY SHALL CONTRIBUTE $115,914.08 FROM THE US DEPARTMENT OF JUSTICE GRANT 2009 DI-BX-007. Motion: to support and approve Memorandum Of Understanding with Lyon County Sheriff and Authorize the Mayor or designee to execute the agreement, Action: Approve, Moved by Councilman Parsons, Seconded by Councilman Edgington. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Parsons, Councilwoman Malloy. 14. DISCUSSION AND POSSIBLE APPROVAL OF AWARD OF WATER MODEL UPDATES, CALIBRATION AND INFRASTRUCTURE VERIFICATION TO FARR WEST ENGINEERING IN AN AMOUNT NOT TO EXCEED $20,625.00. This item was pulled form the agenda by City Manager’s request. 15. DISCUSSION AND POSSIBLE APPROVAL OF AWARD OF WASTEWATER COLLECTION SYSTEM MODEL UPDATES, CALIBRATION AND INFRASTRUCTURE VERIFICATION TO FARR WEST ENGINEERING IN AN AMOUNT NOT TO EXCEED $18,930.00. This item was pulled form the agenda by City Manager’s request. 16. DISCUSSION AND POSSIBLE APPROVAL OF COOPERATIVE MAINTENANCE AGREEMENT BETWEEN THE CITY OF FERNLEY AND LYON COUNTY SCHOOL DISTRICT FOR USE AND MAINTENANCE OF RETENTION BASIN. Motion: to approve Cooperative Maintenance Agreement for the shared use and maintenance of the Silverland Intermediate School retention basin and storm drain improvements and as identified in the item 16 on the agenda, Action: Approve, Moved by Councilman Chaffin, Seconded by Councilwoman Malloy. Vote: Motion carried by unanimous roll call vote (summary: Yes = ---PAGE BREAK--- 04/06/2011 FCC Page 9 of 10 Yes: Councilman Chaffin, Councilman Edgington, Councilman Parsons, Councilwoman Malloy. 17. DISCUSSION AND POSSIBLE APPROVAL OF ALTERNATIVE ENERGY CONTRACT WITH UPSTAR ENERGY TO DEVELOP A WIND GENERATION FACILITY AT THE WASTEWATER TREATMENT PLANT USING NV ENERGY REBATES. Motion: to authorize the City Manager to negotiate an alternative energy lease contract with Upstar Energy, LLC, Action: Approve, Moved by Councilwoman Malloy, Seconded by Councilman Parsons. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Parsons, Councilwoman Malloy. 18. DISCUSSION AND POSSIBLE AWARD OF CONTRACT TO ARTISTIC FENCE COMPANY FOR VARIOUS PARK IMPROVEMENT PROJECTS THROUGH RESIDENTIAL CONSTRUCTION TAX (RCT, FUNDS) NOT TO EXCEED A TOTAL OF $23,319.00. A) RIVER RANCH PARK IMPROVEMENTS NOT TO EXCEED $2,297.00 B) PONDEROSA PARK IMPROVEMENTS NOT TO EXCEED $4,135.00 C) AUTUMN WINDS PARK IMPROVEMENTS NOT TO EXCEED $16,887.00 Motion: to approve the Public Works Department to proceed with the award of contract to Artistic Fence Company Inc. for fence improvements to River Ranch Park not to exceed $2,297.00, Ponderosa Park not to exceed $4,135.00 and Autumn Winds Parks not to exceed $16,887.00, and authorize the Mayor and City Clerk to execute the contract with Artistic Fence Company in accordance with tonight’s item of #18 on the agenda, Action: Approve, Moved by Councilman Chaffin, Councilman Edgington seconded. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Parsons, Councilwoman Malloy. 19. DISCUSSION AND POSSIBLE APPROVAL OF MOVING THE REGULARLY SCHEDULED CITY COUNCIL MEETING FROM MAY 18TH TO MAY 17TH DATE. Motion: to move the 18th meeting of May to the 17th of May to be accordance with the requirement of the official budget review and presentation and 17th agenda replace the 18th agenda, Action: Approve, Moved by Councilman Chaffin, Seconded by Councilman Parsons. Vote: Motion carried by unanimous roll call vote (summary: Yes = Yes: Councilman Chaffin, Councilman Edgington, Councilman Parsons, Councilwoman Malloy. 20. REPORTS BY CITY STAFF, CITY COUNCIL AND MAYOR. This item is for various public entity representatives to provide general information to the Council and public. No action will be taken. No action was taken on this item. ---PAGE BREAK--- 04/06/2011 FCC Page 10 of 10 21. ADDRESS REQUEST(S) FOR FUTURE AGENDA ITEMS. Requests for future agenda items included: Reduce Community Development budget for this fiscal year and not just next fiscal year. Review of Public Request Policy. Revisit and review of Ordinance 22. ADJOURNMENT. Meeting adjourned at 7:05pm.