May 11, 2021 City Council Meeting Agenda Packet AMENDED To

AMENDED

CITY COUNCIL MEETING AGENDA COUNCIL CHAMBER, 401 CALIFORNIA AVENUE, BOULDER CITY, NV 89005

May 11, 2021 – 7:00 PM

NOTICE

Pursuant to Section 7 and Section 10 of the Declaration of Emergency Directive 021, there will be limited in-person attendance at this meeting. Preference will be given to applicants who have an item on the agenda. Attendees are required to wear face coverings. The public may view the meeting live at the following link: https://www.bcnv.org/191/City-Council-Meeting-Live-Stream-Video

ITEMS LISTED ON THE AGENDA MAY BE TAKEN OUT OF ORDER; TWO OR MORE AGENDA ITEMS FOR CONSIDERATION MAY BE COMBINED; AND ANY ITEM ON THE AGENDA MAY BE REMOVED OR RELATED DISCUSSION MAY BE DELAYED AT ANY TIME.

CALL TO ORDER

INVOCATION AND PLEDGE OF ALLEGIANCE

PUBLIC ANNOUNCEMENTS

PUBLIC COMMENT

PUBLIC COMMENT DURING THIS PORTION OF THE AGENDA MUST BE LIMITED TO MATTERS ON THE AGENDA FOR ACTION. EACH PERSON HAS UP TO FIVE MINUTES TO SPEAK ON A SPECIFIC AGENDA ITEM. Public comment, whether on an agenda item or general public comment, is limited to up to five minutes per person. Members of the public may participate in the meeting without being physically present by one of the following methods.

• Written comments may be submitted via the Public Comment Form (https://www.bcnv.org/FormCenter/Contact-Forms-3/City-Council-Comment- Form-111)

• Written comments may be submitted by emailing [email protected] no later than 5:00 p.m. Written comments will be added to the record.

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• Public commenters may leave a voicemail at (702) 293-9208. Messages received by 5:00 p.m. will be broadcast into the Council Chamber.

• To comment during the meeting, members of the public may call (702) 589–9629 when the public comment period is opened.

FOR POSSIBLE ACTION: APPROVAL OF REGULAR AGENDA FOR POSSIBLE ACTION: APPROVAL OF CONSENT AGENDA

CONSENT AGENDA 1. For possible action: Approval of minutes

A. April 13, 2021 regular City Council meeting B. April 14, 2021 special City Council meeting

2. For possible action: Matters Pertaining to Access and Construction Easements for Silver Peak Solar

A. Resolution No. 7274, a resolution of the City Council of Boulder City, Nevada approving Agreement No. 21-1930, a non-exclusive access and utility easement between the City of Boulder City and Silver Peak Solar LLC to provide access to the lower section of the Silver Peak Solar development site

B. Resolution No. 7275, a resolution of the City Council of Boulder City, Nevada approving Agreement No. 21-1931, a temporary construction access easement between the City of Boulder City and Silver Peak Solar LLC to provide construction access to the lower section of the Silver Peak Solar development site

REGULAR AGENDA

3. Presentation offered by M.J. Maynard, CEO for the RTC regarding the Proposed Transit Service Changes and Stimulus Funding Update

4. Introduction of Bill No. 1895, an Ordinance of the City of Boulder City, Nevada to amend Boulder City Municipal Code, Title 9 “Public Ways and Property,” Chapter 4 “Municipal Airport” to add a new section adopting the Boulder City Municipal Airport Aviation Fuel Dispensing, Handling, and Storage Standards

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5. Matters Pertaining to Title 1, Chapter 9 - Financial Administration:

A. Introduction of Bill No. 1896, an Ordinance of the City of Boulder City, Nevada to amend Boulder City Municipal Code, Title 1, “Administration,” Chapter 9 “Financial Administration,” Sections 1-9-4B, 1-9-4C, 1-9-4D, 1-9-6-D, and 1-9- 8D to increase the allocation of lease revenues from 1% to 1.1%

B. Introduction of Bill No. 1897, an Ordinance of the City of Boulder City Nevada to amend Boulder City Municipal Code, Title 1, “Administration,” Chapter 9, “Financial Administration,” Section 1-9-7 to provide for allocation of excess revenues over expenditures as determined by the Comprehensive Annual Financial Report for the prior fiscal year for purposes of creating a special construction account for a swimming pool recreation project

C. Introduction of Bill No. 1898, an Ordinance of the City of Boulder City Nevada to amend Boulder City Municipal Code, Title 1, “Administration,” Chapter 9, “Financial Administration,” Section 1-9-3 to clarify the name of the Fund for General Capital Facilities and Equipment

6. For possible action: Resolution No. 7276 a resolution of the City Council of Boulder City, Nevada approving Agreement No. 21-1932 between the City of Boulder City and Turf Tech, Inc. for golf course maintenance services

7. For possible action: Resolution No. 7277, a resolution of the City Council of Boulder City, Nevada repealing and replacing Resolution No. 7223 requesting redistribution of CARES Act Funds

8. For possible action: Resolution No. 7278, a resolution of the City Council of Boulder City, Nevada, repealing and replacing Resolution No. 6506 and approving Amendment No. XXXI to the City Council's Rules of Procedure to clean up language inconsistencies throughout the document and to amend Sections 3.1, 3.2, 3.3, 3.8, 3.9, 4.1 and 4.3 (as requested by Council member Folda)

9. For possible action: Discussion, update, and City staff direction regarding the City’s position on certain bills introduced during the Nevada 2021 Legislative Session

10. Public Comment

Each person has up to five minutes to speak at the discretion of the Mayor/Chair. Comments made during the Public Comment period of the agenda may be on any subject. All remarks shall be addressed to the City Council/Board as a whole, not to any individual member of the Council/Board, of the audience, or of the City staff. There shall be no personal attacks against the Mayor, members of the City Council, the City staff or any other individual. No person, other than members of the City Council and the person who has the floor, shall be permitted to enter into any discussion, either

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directly or through a member of the Council without the permission of the Mayor or Presiding Officer. No action may be taken on a matter raised under this item.

11. City Council’s Report

Supporting Material: Staff reports and supporting material for the meeting are available for public inspection at the City Clerk’s office, 401 California Avenue, Boulder City, Nevada 89005 and on the City’s website at https://www.bcnv.org/AgendaCenter. Pursuant to NRS 241.020(6), supporting material is made available to the public at the same time it is provided to the City Council.

Notice to persons with disabilities: Members of the public who are disabled and require special assistance or accommodations for the meeting are requested to notify the City Clerk by telephoning (702) 293-9208 at least seventy-two hours in advance of the meeting.

This notice and agenda has been posted electronically in compliance with NRS 241.020(3) at https://www.bcnv.org/AgendaCenter, and NRS 232.2175 at https://notice.nv.gov/. For further information, please contact Tami McKay, Acting City Clerk, 401 California Avenue, Boulder City, NV 89005, (702) 293-9208; [email protected].

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SUBJECT: For possible action: Approval of the minutes

A. April 13, 2021 regular City Council meeting B. April 14, 2021 special City Council meeting

ADDITIONAL INFORMATION: ATTACHMENTS: Description Type Draft Minutes 04-13-21 Cover Memo DRAFT Minutes 04-14-21 Cover Memo Written Public Comments 04-14-21 Cover Memo

CITY COUNCIL REGULAR MEETING MINUTES

COUNCIL CHAMBER, 401 CALIFORNIA AVENUE BOULDER CITY, NEVADA 89005

Tuesday, April 13, 2021 – 7:00 PM

CALL TO ORDER

The regular meeting of the Boulder City Council, County of Clark, State of Nevada, was called to order at 7:00 P.M., Tuesday, April 13, 2021, in the Council Chamber, City Hall, by Mayor McManus in due compliance with law, the Charter, and the Council’s Rules of Procedure.

Council members present: Mayor Kiernan McManus; Council member James Howard Adams; Council member Claudia Bridges; Council member Tracy Folda Council member Judith Hoskins (5)

Absent: None (0)

Also present: Acting City Manager Michael Mays; Acting City Clerk Tami McKay and Acting City Attorney Brittany Walker

(Staff was in City Hall in their respective offices streaming the meeting in order to comply with the Governor’s Emergency Directive)

INVOCATION AND PLEDGE OF ALLEGIANCE

Invocation offered by Pastor David Graham of Grace Community Church and the Pledge of Allegiance followed.

PUBLIC COMMENT

Mayor McManus opened public comment.

Barbara Hunter, Board of Trustees for Lend A Hand, stated the relationship between Lend A Hand and Boulder City went back to Fiscal Year 91-92. She stated Lend A Hand had some challenges during the past year due to COVID-19, but they were still going strong. She stated they offer services to help with errands, grocery store shopping, and patient appointments for seniors age 60 years and older and to those with disabilities of any age. She expressed her thanks on behalf of Lend A Hand to Boulder City and the CDBG Grant.

Mary Ralph, President of Emergency Aid in Boulder City, stated they had likewise had a challenging year, but have been blessed with grants. She stated she was especially thankful for the CDBG grant because it helped support residents with financial aid for rent and utilities. She thanked the City for their support.

Minutes of the April 13, 2021 regular City Council meeting 1

Judy Dechaine stated she was undecided about the Pool question. She stated she was against Item 10 CIP and she was against the City using capital funds to fund a pet mausoleum. She stated she was against Item 11 and she was against purchasing an old building. She said she believed Item 13 should never be enacted for Boulder City. She stated she had no argument for removing the question. Regarding Item 14, she stated she thought the City Council should revisit it and make it a working committee. She did not believe the airport qualification should remain. She had concerns about staff supporting some of the bills and said she opposed them.

No written comments had been submitted.

No further comments were offered, and the public comment period was closed.

FOR POSSIBLE ACTION: APPROVAL OF REGULAR AGENDA

Removal of Item No. 14

Motion: Approve the Regular Agenda with removing Item 14.

Moved by: Mayor McManus Seconded by: Council member Adams

Vote:

AYE: Mayor McManus, Council member Adams, Council member Bridges, Council member Folda, Council member Hoskins (5)

NAY: None (0)

Absent: None (0)

The motion was approved.

FOR POSSIBLE ACTION: APPROVAL OF CONSENT AGENDA

Acting City Clerk McKay noted minor corrections had been made to the minutes and they were before the Council.

Acting City Attorney Walker noted a name correction had been made to Item 5B and it was before the Council.

Motion: Approve the Consent Agenda.

Moved by: Council member Hoskins Seconded by: Council member Bridges

Minutes of the April 13, 2021 regular City Council meeting 2

Vote:

AYE: Mayor McManus, Council member Adams, Council member Bridges, Council member Folda, Council member Hoskins (5)

NAY: None (0)

Absent: None (0)

The motion was approved.

CONSENT AGENDA

1. For possible action: Approval of minutes

A. March 9, 2021 regular City Council meeting B. March 10, 2021 special City Council meeting

2. For possible action: Resolution No. 7262 a resolution of the City Council of Boulder City, Nevada, approving Agreement No. 21-1928 between the City of Boulder City and CG&B for as-needed, on-call, small construction contracting for non-capital projects at various locations throughout the City

A staff report had been submitted by Public Works Director Littrell and was included in the April 13, 2021 City Council Agenda packet.

3. For possible action: Resolution No. 7263, a resolution of the City Council of Boulder City, Nevada, approving Agreement No. 19-1865C (Interlocal Contract 1148), the Third Supplemental Interlocal Contract between the City of Boulder City and the Regional Transportation Commission of Southern Nevada to increase project funding for the Pedestrian Safety Upgrades Program 2019-20, B.C. Project No. 20-1103-STR and amending both the revenues and expenditures of the Fiscal Year 2020-2021 Capital Budget

A staff report had been submitted by Public Works Director Littrell and was included in the April 13, 2021 City Council Agenda packet.

4. For possible action: Resolution No. 7264, a resolution of the City Council of Boulder City, Nevada, authorizing the submittal of Bureau of Reclamation Water Smart Grant R21AS00300 by the Utilities Department for funds to upgrade water meters

A staff report had been submitted by Utilities Director Porter and was included in the April 13, 2021 City Council Agenda packet.

5. For possible action: Matters pertaining to the Boulder City Municipal Airport:

A. For possible action: Resolution No. 7265, a resolution of the City Council of Boulder City, Nevada, to approve Lease Agreement 98-482E assigning the ground

Minutes of the April 13, 2021 regular City Council meeting 3

lease, specifically Airport Hangars TW2-24 and TW3-23 of the leased premises, from Carl E. Giudici and Quail Run Properties II, Inc

B. For possible action: Resolution No. 7266, a resolution of the City Council of Boulder City, Nevada, to approve Lease Agreement 94-306E assigning the ground lease, specifically Airport Hangars TW4-20 of the leased premises, from 7 Lakes LLC to Quail Run Properties II, Inc.

A staff report had been submitted by Acting City Attorney Walker and was included in the April 13, 2021 City Council Agenda packet.

REGULAR AGENDA

6. Presentation by Dr. Deanna Jaskolski, Region Superintendent, to provide an update on the Clark County School District Boulder City Municipality Report

A staff report had been submitted by Acting City Clerk McKay and was included in the April 13, 2021 City Council Agenda packet.

Dr. Deanna Jaskolski stated she was the Region 3 Superintendent, and she supported the Boulder City schools. She said she was impressed with the leadership of Boulder City. She provided a PowerPoint presentation noting the opening timeline of the schools and hybrid instructional model. She discussed Fall 2021 and beyond and noted community sessions had taken place with Dr. Jarra to discuss and determine needs. She stated Tier 1 instructional materials were purchased for math classrooms to help support and fill in the gaps. She stated she was excited about summer programs.

In response to Council member Adams, Dr. Jaskolski stated summer opportunities as well as credit recovery programs will be implemented to master the standards and proficiency standards. She stated the plan was for students to enjoy school and participate in sports and programs. She stated there will be two summer sessions available to help accelerate learning.

Council member Bridges thanked Dr. Jaskolski for the presentation.

In response to Council member Hoskins, Dr. Jaskolski stated they had a remarkable psychology team if additional psychological counseling was needed.

Council member Folda stated she had children in elementary, middle school, and high school, and her husband was an educator with CCSD. She stated she appreciated the school teachers and their efforts for going over and above to help students.

In response to Council member Folda, Dr. Jaskolski stated the remainder of the school year would stay hybrid for the smaller class sizes.

Mayor McManus stated nation-wide, only about 40% of 5th graders were in school for most of the year.

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Dr. Jaskolski stated they were aware some students had not been reached and they looked forward to working with them over the summer. She stated she appreciated the support of Boulder City.

7. Presentation and update of the status of the Boulder City 2025 Strategic Plan

A staff report had been submitted by Administrative Director Boldt and was included in the April 13, 2021 City Council Agenda packet.

Communications Manager LaPlante provided a PowerPoint presentation noting the update being provided was through February 2021. She stated the incident respond center was crucial during the pandemic and the Strategic Plan was available at www.bcnv.org/stratplan.

Council member Hoskins stated she was proud of the work done during these unprecedented times.

Communications Manager LaPlante thanked staff for its support during the pandemic.

Council member Adams stated the report showed how amazing staff was dealing with COVID-19 and continuing day-to-day operations. He stated they had done a great job meeting their goals.

Council member Bridges stated the goals were well thought out and implemented. She stated staff was working very hard during a difficult year and continued to meet or exceed goals and expectations.

Council member Folda stated the City had come a long way over the past few years. She stated the City was much more organized and greatly improved. She praised the Finance Department and appreciated the transparency. She also praised Chief Gray and the EOC. She stated partnerships with hospitals and non-profits were important. She thanked the staff.

Communications Manager LaPlante gave thanks to the non-profits for assisting the City.

Mayor McManus stated he appreciated the efforts of Communications Manager LaPlante and agreed the City made real progress due to the efforts of staff. He stated the PD staff continued to work on crime mapping during the pandemic and Chief Gray reestablished the reserve training program during the pandemic. He stated the Federal financial support received by the City had been reinvested into the community. He stated historic preservation had made great strides. He thanked all the City staff.

Communications Manager LaPlante thanked the Council for all they did and getting the word out to the community.

8. For possible action: Matters pertaining to the CDBG (Community Development Block Grant) program:

Minutes of the April 13, 2021 regular City Council meeting 5

A staff report had been submitted by City Planner Danielewicz and was included in the April 13, 2021 City Council Agenda packet.

Acting City Manager Mays provided a brief overview of the staff report, explaining the allocation of available funds. He stated adoption of the Resolution would approve funds for Fiscal Year 2021-22. He stated $26,969 would go to Emergency Aid, and $9,476 would go to Lend A Hand.

A. Public hearing on CDBG matters

Mayor McManus noted it was the time and place scheduled to conduct a public hearing and asked for public input.

Judy Dechaine said the CDBG grants were well used by Emergency Aid and Lend A Hand. She stated the non-profits were beneficial to the community.

No further comments were offered, and the hearing was declared closed.

B. Consideration of Resolution No. 7267, a resolution of the City Council of Boulder City, Nevada, approving CDBG applications for public service fund requests for FY 2021- 22

Council member Bridges disclosed she had been the Grant coordinator for Emergency Aid for over 7 years writing proposals and administering the grants. She stated she would abstain from the matter.

Council members expressed their support for the CDBG grants and non-profits.

Mayor McManus stated the money was passed down from Congress to Clark County and a portion offered to Boulder City. He thanked Acting City Manager Mays for his efforts to help organizations, specifically assisting Lend A Hand to locate a new building.

Motion: Approve Resolution No. 7267.

Moved by: Council member Adams Seconded by: Council member Hoskins

Vote:

AYE: Mayor McManus, Council member Adams, Council member Folda, Council member Hoskins (4)

NAY: None (0)

ABSTAIN: Council member Bridges

Absent: None (0)

The motion was approved.

Minutes of the April 13, 2021 regular City Council meeting 6

9. For possible action: Discussion and staff directive regarding the Municipal Pool Ad Hoc Committee recommendation for construction of a new facility for the Swimming Pool Recreational Project and discussion regarding repair alternatives for the existing municipal pool

A staff report had been submitted by Public Works Director Littrell and was included in the April 13, 2021 City Council Agenda packet.

Public Works Director Littrell provided a brief overview of the staff report noting the Ad Hoc Pool Committee recommended constructing a new pool.

Sheldon Colen with SCA design stated he was tasked with determining if the existing pool could be made ADA compliant and Code compliant, or design a new, more affordable facility. He stated they would like to take advantage of the existing facility.

Council member Adams stated there had been a lot of discussion about a phased approach to keep the current facility open while the new one is constructed.

Mr. Colen stated that they would like to take advantage of the larger parking and at some point, the existing buildings would require demolition. He stated the biggest cost savings method would be to keep the existing administration area and build off it.

In response to Council member Adams, Mr. Colen stated the Multi Use Building (MUB) and Girl Scout buildings could easily be taken into consideration to prevent demolition because of their historic value to the community.

Council member Bridges stated she was in favor of larger pools to accommodate swim meets and said she appreciated the vision of a community pool. She stated she was also in favor of adding solar to it.

In response to Council member Hoskins, Mr. Colen stated Public Works Director Littrell had included inflation amounts.

In response to Council member Folda, Mr. Colen stated he was unaware of the conditions beneath the existing pool. He stated the goal was to not have to replace it in its entirety after 30 years. He stated there was a good amount of land to expand, when and if it was needed, and it was an accessible site.

Council member Folda stated a space for a meeting room was an excellent idea. She stated she appreciated the design of the arches and how it tied into the historic designs of Boulder City. She stated the use of south side parking lot would be great if the building could be rotated at the entrance. She stated the splash pad should not include sand as the drawings depict.

Mr. Colen stated the drawings were conceptual and could be changed.

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In response to Mayor McManus, Mr. Colen stated they would demolish existing lockers and add meeting rooms at a later time.

Mayor McManus stated that the focus of financing was to not increase property taxes and a goal of the committee was to allow for future expansion.

Mr. Colen stated that the design presented allows for future expansion of meeting rooms and the two pools should be constructed at the same time because of equipment, filtration, electrical, etc. He stated the project design could take one year before it was finalized.

In response to Mayor McManus, Mr. Colen stated he had no experience with a Murtha Pool.

Mayor McManus thanked Mr. Cohen and stated the construction of the pool was dependent upon the passing of the June ballot questions regarding funding the $7M CIP.

Council member Folda stated she believed the best use was to construct a new pool and she encouraged the voters to consider the approval of the questions.

In response to Council member Hoskins, Mayor McManus stated Staff could provide information about ballot questions, but the were prohibited by state law to advocate for them. He said City Council was not prohibited from advocating for a ballot question.

Council member Adams stated there was a lot of information about the pool and suggested the community watch the past meetings if they wanted to learn more. He stated he wanted to move toward constructing a new facility.

Council member Bridges stated past concerns had been expressed about raising taxes and the presented solution would not increase taxes nor be a burden to citizens. She stated a lot of residents had expressed a desire to construct a new pool.

Mayor McManus stated the Ad Hoc Pool Committee had great recommendations and City staff had all the information available on the website. He stated the existing pool had been in existence for 40 years and without a replacement it would close. He stated he did not believe the Council was able to provide direction without voter approval of the funding.

Motion: Staff be available to provide information about the pool and provide tours of current facility to residents.

Moved by: Mayor McManus Seconded by: Council member Bridges

Vote:

AYE: Mayor McManus, Council member Adams, Council member Bridges, Council member Folda, Council member Hoskins (5)

NAY: None (0)

Minutes of the April 13, 2021 regular City Council meeting 8

Absent: None (0)

The motion was approved.

10. For possible action: Discussion and staff directive regarding the modification, addition, or removal of projects from the draft five-year Capital Improvement Plan for the City of Boulder City (as requested by Mayor McManus)

A staff report had been submitted by Public Works Director Littrell and was included in the April 13, 2021 City Council Agenda packet.

Public Works Director Littrell discussed the Council Chamber remodel for ADA accessibility. He stated one possible solution was to flip the room design, remove the City Clerk’s storage, or a stack the dais. He stated they could use any leftover funds from past projects to start ordering materials and start the project during the vacated second meeting in July.

In response to Council member Bridges, Acting City Clerk McKay stated the room suggested to be utilized as the ADA entryway currently stored permanent records in a temperature-controlled environment.

Council member Adams stated greater access was needed for the community and the functionality was most important. He stated reallocated money was a good suggestion.

Mayor McManus stated the building was built in the 1930s and needed to be updated for accessibility. He agreed that staff did not have to sit in the Council Chamber during the entire meeting and come in when needed and suggested a door for public and council access.

Motion: Use reallocation of funds for the remodel of no more than $120K.

Moved by: Mayor McManus Seconded by: Council member Bridges

Vote:

AYE: Mayor McManus, Council member Adams, Council member Bridges, Council member Folda, Council member Hoskins (5)

NAY: None (0)

Absent: None (0)

The motion was approved.

Public Works Director Littrell discussed the historic structures report for the water filtration plant. He stated there was a typo on the report. He stated the quote came in for $120K to $125K, not the $100K listed.

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Motion: Increase historic structures report to $125K.

Moved by: Council member Bridges Seconded by: Council member Adams

Vote:

AYE: Mayor McManus, Council member Adams, Council member Bridges, Council member Folda, Council member Hoskins (5)

NAY: None (0)

Absent: None (0)

The motion was approved.

Public Works Director Littrell discussed a water grant. He stated they would like to include the grant match, which would be $75K from the water infrastructure budget.

Motion: Approve $75K in the water budget to fulfill the grant match to replace the existing 30-year-old meters with radio read meters.

Moved by: Mayor McManus Seconded by: Council member Bridges

Vote:

AYE: Mayor McManus, Council member Adams, Council member Bridges, Council member Folda, Council member Hoskins (5)

NAY: None (0)

Absent: None (0)

The motion was approved.

Public Works Director Littrell asked for direction to increase the budget for community gardens by $4K to include per year maintenance costs for the gardens.

Mayor McManus stated he had not anticipated $100K to construct new community gardens. He stated if the waiting list was at 15 people, then that many plots could be designed at ABC Park.

Council member Bridges asked if there was a process in place that ensured the people who are granted a plot use it and do not go fallow?

Parks and Recreation Director Hall stated there was such a process in place.

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In response to Council member Hoskins, Public Works Director Littrell stated the $100K was for a contractor to come in and do it all.

Council member Adams suggested the community participate to avoid the $100K cost. He stated there was a need for the gardens and ABC Park would be a good location.

Council member Bridges suggested a committee be established to determine a presentation and design to build a community garden because it could be built for a lot less than $100K.

Council member Folda stated the people who planted the trees on Adams Boulevard took great pride in them and there were gardening groups in Boulder City.

In response to Mayor McManus, Public Works Director Littrell stated there was not a breakdown of fees for materials.

A brief discussion took place between Council members about seeking community support for the project and having Public Works install the irrigation.

Motion: Budget $75K to include initial design, identify water requirements and how much to install irrigation and elicit help or input from interested parties for their willingness to participate.

Moved by: Mayor McManus Seconded by: Council member Adams

Vote:

AYE: Mayor McManus, Council member Adams, Council member Bridges, Council member Folda, Council member Hoskins (5)

NAY: None (0)

Absent: None (0)

The motion was approved.

Public Works Director Littrell stated per the recommendation of Mayor McManus, golf cart expenses were removed from VERF.

Mayor McManus stated it was brought to his attention the Skylar fence line was a few feet into the pet cemetery and land near the animal shelter would allow for the construction of a pet mausoleum. He recommended budgeting money for the design of the project.

In response to Council member Adams, Public Works Director Littrell stated he did not have an estimate for the design of such a project.

Mayor McManus suggested using a masonry and spending $50K for design.

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Public Works Director Littrell stated the structural design would need to be contracted because there was not a structural engineer on staff.

Council member Adams stated he had heard about members of the community that bury their pets illegally in the conservation area.

In response to Council member Bridges, Mayor McManus stated the building would be a place to store ashes.

Motion: Budget $50K for design and planning of a pet mausoleum at the existing animal shelter facility.

Moved by: Mayor McManus Seconded by: Council member Bridges

Vote:

AYE: Mayor McManus, Council member Adams, Council member Bridges, Council member Folda, Council member Hoskins (5)

NAY: None (0)

Absent: None (0)

The motion was approved.

Mayor McManus stated the Fuel Farm revenue generated at the airport could only be used at the airport and funds were available to replace the underground fuel tanks because they had reached their life expectancy. He stated the airport was owned and maintained by the City. He stated the City should go forward with a replacement and other arrangements could be proposed later.

Council member Adams stated the fuel farm needed to be addressed and regarding the RFP, the City should be open to those concepts.

Council member Bridges stated she was in favor of outside management of a fuel farm, and someone needed to make the investment to replace the fuel tanks.

In response to Council member Bridges, Administrative Services Director Boldt stated the City took over the management of the fuel farm in 2018 and it was estimated to be about 25% of full-time staff per year for management.

In response to Council member Hoskins, Administrative Services Director Boldt stated they would take their direction from the City Council to seek an RFP for the fuel farm.

In response to Council member Hoskins, Acting City Manager Mays stated the agenda item was for removing or adding projects to the CIP. He stated the agenda would not permit giving direction for RFP.

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Mayor McManus stated the current fuel farm raised significant revenue for the airport and the revenue to operate and maintain the airport would go away. He stated it was a City maintained property and should remain in the CIP.

Acting City Manager Mays stated that a motion would only be required if the Council wanted to remove it from the CIP.

Administrative Services Director Boldt stated the Control Tower would require two CIP projects and would require a sighting study and an environmental impact study.

Council member Bridges stated she was an advocate of a tower to increase safety and it would organize and expedite the aircraft traffic.

Council member Hoskins stated she agreed with Council member Bridges.

Council member Folda stated she had received feedback from the aviation community, and they were not in agreement with a control tower, but there were other safety measure that could be done to improve safety at the airport.

Council member Adams stated he reached out to the aviation community and he believed it was a safety factor and nothing would compare to a control tower.

Mayor McManus stated he believed a tower would lead to additional traffic and it was not possible to ignore 88% of traffic was commercial in nature. He stated there was a tremendous increase of air traffic because of the commercial businesses at the airport and residents did not want to see additional commercial air traffic and expansion at the airport. He suggested removing it from the CIP and determining other ways to mitigate safety.

Council member Bridges stated she believed removing the tower would create a lot of fear in residents and this was a safety factor. She stated a tower prevented collisions, and controlled where pilots fly.

Motion: Remove control tower from CIP and get more community input.

Moved by: Mayor McManus Seconded by: Council member Folda

Vote:

AYE: Mayor Kiernan McManus, Council member Tracy Folda (2)

NAY: Council member Adams, Council member Bridges, Council member Hoskins (3)

Absent: None (0)

The motion failed.

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Council member Folda stated the pavilion restrooms were budgeted for 2023 and golf course restrooms were budgeted for 2025. She suggested switching the priority because she believed replacing the port-a-potties was more important.

Mayor McManus suggested composting toilets because the cost could be greatly reduced if the Code permitted it.

Motion: Move the priority of restroom budgeting of the pavilion restrooms to 2025 and golf course restrooms to 2023.

Moved by: Council member Folda Seconded by: Mayor McManus

Vote:

AYE: Mayor McManus, Council member Adams, Council member Bridges, Council member Folda, Council member Hoskins (5)

NAY: None (0)

Absent: None (0)

The motion was approved.

11. For possible action: Presentation, discussion, and staff directive regarding the FY 2021-2022 Governmental and Proprietary Funds Operation and Maintenance Budget Changes

A staff report had been submitted by Finance Director Pelletier and was included in the April 13, 2021 City Council Agenda packet.

Finance Director Pelletier stated the budget incorporated updates proposed by Council at the March 10, 2021 Special City Council meeting. She stated the net impact was a $40K change and there were two decisions needed by Council.

Budget Manager Manninen provided a PowerPoint of the goals and changes and noted two remaining items for consideration.

Mayor McManus stated there were other grant programs for the community and suggested the creation of $100K annually for the creation of Historic Home Grant Program funded by the General Fund. He stated it could also include a grant in the amount of $5-10K annually for homeowners since it contributed to the community.

Council member Adams stated he agreed to supporting the Historic District.

Council member Bridges disclosed she lived in the Historic District and was in favor of the Program.

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In response to Council member Hoskins, Mayor McManus stated the grant could be applied to what was historically correct for the home.

Council member Folda disclosed she lived in the Historic District and stated purchasing replacements for historic homes was costly. She believed creating that type of program was not unusual and was a benefit that contributed to the community. She stated it was important to have appropriate staff in place before the grant program began.

Acting City Manager Mays stated $60K was included in the budget for consultant support and it would come back to the Council for review and approval of the grant program.

Motion: Budget $100K for a max amount limited to $10K for property owners and a matching amount for commonly available materials that meet the requirements of the Historic District guidelines.

Moved by: Mayor McManus Seconded by: Council member Hoskins

Vote:

AYE: Mayor McManus, Council member Adams, Council member Bridges, Council member Folda, Council member Hoskins (5)

NAY: None (0)

Absent: None (0)

The motion was approved.

Mayor McManus clarified they did not want to purchase buildings and it was not a new idea. He stated when the Boulder Dam Hotel had deteriorated, the City contributed to the purchase and restoration of it. He stated the RDA alleviated blight and upgraded the image of the district. He stated to prevent demolition, one would partner with a non-profit or business owner and it was an appropriate use of RDA funds. He stated the City could contribute funds.

In response to Council member Folda, Acting City Manager Mays stated upon expiration of the RDA program in 9 years, the money reverts to the taxing bodies.

General discussion between Council members about implementing a plan to assist with maintaining historic buildings in order to be proactive instead of reactive.

In response to Council member Bridges, Budget Manager Manninen recommended 10% of revenues be budgeted to a line item each year.

A brief discussion took place about the need for an additional meeting before the budget approval and the consensus was it would not be necessary.

Council thanked the Finance staff.

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Motion: Provided direction to staff that the April 28, 2021 meeting should not be scheduled.

Moved by: Mayor McManus Seconded by: Council member Bridges

Vote:

AYE: Mayor McManus, Council member Adams, Council member Bridges, Council member Folda, Council member Hoskins (5)

NAY: None (0)

Absent: None (0)

The motion was approved.

12. For possible action: Consideration of a proposed change to the 2021 Land Management Process List

A staff report had been submitted by Acting City Manager Mays and was included in the April 13, 2021 City Council Agenda packet.

Acting City Manager Mays provided a brief overview of the staff report noting it was an initial step in a process to potentially add it to the Land Management Process List. He stated if approved, it would go before the Planning Commission for their recommendation and back to City Council for consideration.

Council member Bridges stated she appreciated continuing with solar project development and supported advancing it to the Planning Commission.

Motion: Approve 2021 Land Management Process List and forward it to the Planning Commission.

Moved by: Mayor McManus Seconded by: Council member Bridges

Vote:

AYE: Mayor McManus, Council member Adams, Council member Bridges, Council member Folda, Council member Hoskins (5)

NAY: None (0)

Absent: None (0)

The motion was approved.

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13. For possible action: Matters relating to the Utility Franchise Fee Question to be placed on the June 15, 2021 Municipal General Election (as requested by Mayor McManus)

A. Discussion regarding the possibility of removing the question asking voters whether the City Council of Boulder City should impose a utility franchise fee.

B. Resolution No. 7268, a resolution of the City Council of Boulder City, Nevada, repealing Resolution No. 7208 placing a question on the 2021 June Municipal General Election Ballot asking voters whether the City Council of Boulder City should impose a utility franchise fee.

A staff report had been submitted by Mayor Kiernan McManus and was included in the April 13, 2021 City Council Agenda packet.

Mayor McManus stated Raftellis suggested a franchise fee be tasked to the residents and transferred from the Utility Fund to the General Fund. He stated since the subsequent rate study, this fee was not recommended by Staff. He recommended removal of the ballot question.

A brief discussion took place between Council members about being in agreement with removing the ballot question.

Motion: Remove the Question from the General Election Ballot and Approve Resolution No. 7268.

Moved by: Mayor McManus Seconded by: Council member Bridges

Vote:

AYE: Mayor McManus, Council member Adams, Council member Bridges, Council member Folda, Council member Hoskins (5)

NAY: None (0)

Absent: None (0)

The motion was approved.

14. For possible action: Appointment to the Airport Advisory Committee

A staff report had been submitted by Acting City Clerk McKay and was included in the April 13, 2021 City Council Agenda packet.

This item had been removed from the agenda.

15. For possible action: Discussion, update, and City staff direction regarding the City’s position on certain bills introduced during the Nevada 2021 legislative session

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A staff report had been submitted by Acting City Attorney Walker and was included in the April 13, 2021 City Council Agenda packet.

Acting City Attorney Walker provided a brief overview noting there was a revised memorandum before the City Council and it would be added to the City Council Agenda Packet tomorrow.

She stated a total of 908 measures had been introduced and all bills must be passed out of the originating house by April 20th. She stated the next deadlines would be sometime in May.

Council member Hoskins stated they City was very fortunate to have an Acting City Attorney with legislative knowledge to work with Staff.

Council member Adams stated he appreciated the work being done.

Council member Bridges stated she concurred and appreciated the explanations.

Council member Folda stated she received input from community and said she appreciated the information. She stated 40 of the bills had been removed from the list and suggested the community provide input to Council members.

Mayor McManus stated communities the size of Boulder City were sometimes overlooked and he appreciated someone reviewing them.

16. Public Comment

No comments were offered, and the Public Comment portion was closed.

17.City Council’s Report

Council member Folda stated food was available through CCSD and to be mindful of school speed zones. She stated there was a special meeting tomorrow to interview City Manager Candidates.

Council member Bridges stated Emergency Aid was well-stocked and funding was available to residents. She stated residents had expressed concerns about regulations on May 1. She stated decisions would be made at the County level for reopening plans and be tied to the percentage of people vaccinated. 723K residents had received their first dose.

Mayor McManus stated he was at the LVCVA meeting and things were looking up and shows were scheduled at the Convention Center beginning in June. He suggested everyone go through the vaccination process and stated a significant number of children were testing positive in the state of Michigan.

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There being no further business to come before the Council, Mayor McManus adjourned the meeting at 11:03 p.m.

______Kiernan Mayor McManus, Mayor

ATTEST:

______Tami McKay, Acting City Clerk

Minutes of the April 13, 2021 regular City Council meeting 19

24 DRAFT

CITY COUNCIL SPECIAL MEETING MINUTES

COUNCIL CHAMBER, 401 CALIFORNIA AVENUE BOULDER CITY, NEVADA 89005

Tuesday, April 14, 2021 – 1:00 PM

CALL TO ORDER

The special meeting of the Boulder City Council, County of Clark, State of Nevada, was called to order at 1:00 P.M., Tuesday, April 14, 2021, in the Council Chamber, City Hall, by Mayor McManus in due compliance with law, the Charter, and the Council’s Rules of Procedure.

Council members present: Mayor Kiernan McManus, Council Member James Howard Adams, Council Member Claudia Bridges, Council Member Tracy Folda, Council Member Judith Hoskins (5)

Absent: None (0)

Also present: Acting City Manager Michael Mays, Acting City Clerk Tami McKay, Acting City Attorney Brittany Walker, Administrative Services Director Bryce Boldt, Communications Manager Lisa LaPlante

PUBLIC COMMENT

Mayor McManus opened the Public Comment period.

Acting City Clerk McKay read the following written comments and attached them for the record:

Barry Courtney Venicia Considine Ian Bartrum Scott Scherer

No further comments were offered, and the Public Comment period was closed.

SPECIAL AGENDA

1. For possible action: Matters pertaining to the City Manager positions:

A. City Council interviews of the following candidates: Jessica J. Brown, Edward O. Dickie, Dana P. Hlavac, Forrest H. Neuerburg, Taylour R.B. Tedder

Administrative Services Director Boldt introduced the item and noted that Sarah McKee was present to help facilitate the interviews.

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GovHR Representative Sarah McKee indicated she would be asking all the questions but noted that Council members could ask any follow up questions to help them get a better understanding of the candidate and how they would perform as their City Manager.

Candidate No. 1 – Jessica J. Brown

Question No. 1: Tell us a little bit about yourself and why are you interested in our City Manager position at this point in your career?

Jessica Brown replied she had some experience working with Boulder City and felt this opportunity was ideal since she would like to end up in Boulder City. She listed several capacities she had served in within local government. She stated her background was aligned to serve the City well and that she had a robust professional network and resources. She stated she had an in-depth knowledge of services such as police and fire that the City provided. She stated she could communicate, build relationships, and accomplish tough tasks. She stated she was a strong leader and had a background in finance which would lend her to being a true asset to the City.

Question No. 2: As City Manager, how would you describe your management style and how would your co-workers describe you?

Ms. Brown stated it was important to establish a foundation for good professional relationships in order to succeed. She stated communication was key to making sure everyone was working together to accomplish their goals and was something that came easily to her.

Question No. 3: During difficult periods of transition, how would you address issues of staff morale and build a strong team?

Ms. Brown shared an experience of helping a City transition to having a Finance Director and City Manager after not having one for several years. She stated her approach would be establishing relationships and having a clear vision of where they were heading. She stated city managers have to be flexible in order to deal with transitions.

Question No. 4: Do you believe you have management weaknesses and if so, what have you done to improve yourself for the City Manager position in the last 24 months?

Ms. Brown stated if she were always doing her best and giving her best effort she would succeed. She stated early on in her career she had an ideal perspective, and her experience had taught her to be more flexible, creative, and innovative as she worked with other individuals.

Question No. 5: How do you see the City Manager’s role in relation to the City Council, City staff, Boulder City residents and other governmental entities? And who do you believe you should support first, the Staff, the Council, or the public?

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Ms. Brown expressed that Council is the representation of the people and the City Manager was there to know how to execute the City Council’s direction. She stated it was important for the City Manager to understand the direction of Council and have their trust to move matters forward. She indicated that the City Manager’s role was to communicate with Council as well as communicate the public, so they felt confident about what was happening with their tax dollars. She stated she believed she would be a great conduit between Council and staff to communicate and execute things.

Question No 6: Tell us your experience dealing with controversial issues and how you would work to provide accurate information to the community while still respecting those who have expressed legitimate concern?

Ms. Brown stated accurate information was critical when approaching any situation. She stated in San Bernardino when the County and developers were at odds, she had to work at bringing everyone together. She stated she had a lot of experience bringing people together and resolving issues.

Question No. 7: How do you handle conflict between team members or between team members and Council members?

Ms. Brown stated she had a reputation of being very fair and believed it was important for both sides to discuss and resolve issues together to move forward. She stated it was crucial to make the necessary changes to avoid any ongoing issues.

Question No. 8: How would you work with the public if they had complaints with City employees or Council members?

Ms. Brown stated working with the public was natural for her and she believed in transparency and communication. She stated she had an open-door policy to the community and desired to help bridge gaps between the community and Council.

Question No. 9: Communication is key for keeping council members informed. How would you keep council members informed?

Ms. Brown stated she supported face-to-face, when possible, since it helped create relationships. She stated she was willing to work with Council members and use their preferred communication medium. She stated she liked to give weekly updates to keep Council abreast of what was happening and always had an open-door policy.

Question No. 10: Sound fiscal management is a high priority for the City. Explain your experience developing budgets (including the size) and how you ensure expenditures stay within those budgets including capital projects?

Ms. Brown stated she had managed various budgets for the past 15 years. She stated her budgets were always thorough and on time and liked to implement quarterly reporting to keep Council up to date on the budget. She stated she was successful in fiscal sustainability and financial forecasting and had experience refinancing and restructuring debt.

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Question No. 11: How do you prioritize/stay organized?

Ms. Brown stated she liked lists and plotting things out with due dates so she could effectively prioritize. She stated it was important to understand the desires of Council to appropriately prioritize projects, as well as delegating to staff.

Question No. 12: If you were selected, tell us what you would tackle during the first 90 days in the position and why?

Ms. Brown stated she would meet with each Council member and staff directors to find out their priorities. She stated she would also establish modes of communication and get to know the City staff and facilities better. She stated after that, she would work at prioritizing first steps to move forward on projects with Council especially as they approached the beginning of a new fiscal year.

Question No. 13: What is your understanding of the controlled growth policies in Boulder City and what Charter provisions, ordinances or citizen initiatives were involved?

Ms. Brown stated she was impressed the City’s foresight to put those policies into place so many years ago. She stated she believed it was one of the reasons Boulder City was so financially secure. She stated she personally liked small cities and the controlled growth.

Question No. 14: What would your vision of Boulder City be in five or ten years?

Ms. Brown stated she saw strong community involvement with the small City feel. She stated she found the solar fields to be an innovative revenue stream. She stated from a fiscal standpoint the City was in a good position and did not feel anything would hinder it from staying that way.

Question No. 15: Non-profit charities contribute significantly to this community. What efforts do you believe local government should engage in with non-profit charities.

Ms. Brown stated partnerships with social services was critical and provided functions and services that the City was not necessarily set up to do. She stated there were ways the cities could help non-profits be successful including use of public facilities.

Question No. 16: What role does local government have regarding businesses and economic development?

Ms. Brown stated government had to be a part of it so that development would be in line with the citizens vision for the City. She stated when done right, there was a balance between economic development while the City maintained their vision.

Question No. 17: We have asked you a lot of questions today. What questions do you have for us?

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Ms. Brown asked if any members of Council needed further clarification on her experience.

Council member Bridges asked how she would resolve a situation where her good idea was not supported by Council or the residents.

Ms. Brown stated she did not believe that would happen because Council was the one that pointed them in the direction, they wanted staff to go.

Council Member Bridges asked what her experience was working with other agencies.

Ms. Brown stated she had a lot of experience with other agencies, legislative offices, and boards. She stated it was important to have a strong network of resources to succeed.

Council member Hoskins asked if she was a micromanager.

Ms. Brown replied she was not a micromanager and believed in empowering and developing staff to do the best job possible.

Council Member Folda asked if there was anything in her background check that she would like to address head on.

Ms. Brown replied not at all.

Mayor McManus thanked Ms. Brown for her time and forthrightness.

Candidate No. 2 – Edward O. Dickie

Question No. 1: Tell us a little bit about yourself and why are you interested in our City Manager position at this point in your career?

Edward Dickie stated he served in different positions within municipalities including as a planner and GIS manager after which he received a degree to become a City Manager. He indicated he always wanted to work for Boulder City. He stated he had experience helping cities with budgets, development plans, strategic plans, and building facilities. He did not have experience but was interested in airports and solar fields in Boulder City. He stated he had worked with full-service cities and was good at building high performing teams. He stated he believed in transparency and understood the importance of working with a Council.

Question No. 2: As City Manager, how would you describe your management style and how would your co-workers describe you?

Mr. Dickie stated he did not micromanage but gave people the autonomy to do their job and was there to help when they need. He stated he liked to collaborate and get everyone on the same page.

Question No. 3: During difficult periods of transition, how would you address issues of

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staff morale and build a strong team?

Mr. Dickie stated he would help them understand he was there to help and treat people as equals. He stated he liked to have an open-door policy. He stated he liked to implement development plans for departments and individual that were tied in with the strategic plan and desires of the Council.

Question No. 4: Do you believe you have management weaknesses and if so, what have you done to improve yourself for the city manager position in the last 24 months?

Mr. Dickie replied that he sometimes came across as a pushover, but relied on his leadership skills to hold people accountable to be a successful City Manager.

Question No. 5: How do you see the City Manager’s role in relation to the City Council, City staff, Boulder residents and other governmental entities? And who do you believe you should support first, the Staff, the Council, or the public?

Mr. Dickie stated he worked for the Council who worked for the public. He stated he would implement their desires with the help of City staff. He noted it was critical to keep Council and staff informed so they could all best help the citizens of Boulder City.

Mr. Dickie stated it was important to treat people equally. He suggested holding public hearings on items even if not required when needed. He stated it was important to be transparent and offer clear and concise information to the public.

Question No. 7: How do you handle conflict between team members or between team members and council members?

Mr. Dickie stated he would remind staff they were there to provide a service to the Council and residents and they had to do that as a team. He stated he liked to build staff up to respect one another and want each other to succeed.

Question No. 8: How would you work with the public if they had complaints with City employees or Council members?

Mr. Dickie stated many times people want to be listened to and he may bring the issue up with Council or the Mayor in a closed meeting, if needed.

Question No. 9: Communication is key for keeping Council members informed. How would you keep council members informed to issues facing the community?

Mr. Dickie stated it was important to keep Council updated weekly or daily when needed so they were never surprised. He stated depending on how urgent the information was

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he would likely email or text Council, but wanted to find out Council’s preferred method of communication.

Mr. Dickie stated it was his role to oversee the budget and he had created budgets on his own in the past. He stated he would be sure to investigate their long-term plans, get with staff, and go over priorities in a meeting with council.

Question No. 11: How do you prioritize/stay organized?

Mr. Dickie stated he used an administrative secretary, phone reminders, and outlook calendar to keep him organized and he would ensure that departments knew of important deadlines such as statutory deadlines.

Question No. 12: If you were selected, tell us what you would tackle during the first 90 days in the position and why?

Mr. Dickie stated he would build relationships with Council and staff, get to know the budget, and understand bigger projects. He indicated he would be busy getting to know everything but would visible and accessible to the community.

Question No. 13: What is your understanding of the controlled growth policies in Boulder City and what Charter provisions, ordinances or citizen initiatives are involved?

Mr. Dickie responded the growth ordinance was unique and that it was something people liked about Boulder City. He stated he believed from what he has seen it was a good thing, but it could limit the vitality of the town if it was not done right.

Question No. 14: What would your vision of Boulder City be in five or ten years?

Mr. Dickie stated he loved what Boulder City was right now. He indicated he would like to see a lot remain the same and keep that small town feel. He shared that he would like to see the addition of the new pool and maybe a few more businesses.

Question No. 15: Non-profit charities contribute significantly to this community. What efforts do you believe local government should engage in with non-profit charities.

Mr. Dickie stated if it is legal and for the right reason, he did not see any reason to not work with a non-profit group.

Question No. 16: What role does local government have in regard to businesses and economic development?

Mr. Dickie remarked it did not have a big role as far as zoning. He stated working with businesses as much as possible was good because they are what make the town thrive.

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He stated the City could be business friendly while still keeping the town the way they wanted.

Question No. 17: We have asked you a lot of questions today. What questions do you have for us?

Mr. Dickie thanked the Council and stated he could start as early as May. He stated his salary was more negotiable than he put on his application. He inquired what their plan was for moving forward with the interview and hiring process.

Ms. McKee stated they were still in the interview process and the Council may bring a select number of interviewees back for an additional interview.

Mr. Dickie asked if the City was looking to build a new pool or remodel the existing one.

Mayor McManus stated it will be dependent on the direction the get from the voters.

Council Member Bridges asked how he would resolve a situation where his good idea was not supported by Council or the residents.

Mr. Dickie replied stated he would bring it up with Council, but understood that Council was the one who makes decisions.

Council Member Bridges asked what his experience was working with other agencies.

Mr. Dickie stated working with others was his strong point and had experience working with neighboring cities.

Council Member Folda asked if there was anything that would come up in a background check that he would like to address head on.

Mr. Dickie responded there was not.

Mayor McManus asked if he had experience working with historic preservation efforts.

Mr. Dickie stated he did and he shared that he has helped cities to find and apply for grants for historic preservation.

Mayor McManus thanked Mr. Dickie for participating in the interview.

Candidate No. 3 – Dana P. Hlavac

Question No. 1: Tell us a little bit about yourself and why are you interested in our City Manager position at this point in your career?

Dana Hlavac stated he was raised on Long Island and attended Syracuse University after which he served in the Army and went to law school. He provided an overview of his work history which included working as a Deputy District Attorney in Colorado Springs, Chief

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Public Defender in Kingman, and his current job was Development Services Director for the City of Las Vegas. He stated his goal was to make a difference. He stated he felt comfortable in Boulder City and loves how involved the citizens were there.

Question No. 2: As City Manager, how would you describe your management style and how would your co-workers describe you?

Mr. Hlavac stated he facilitated collaboration and worked with staff to develop answers to situations. He indicated that he liked to empower staff to do their jobs the best they can.

Question No. 3: During difficult periods of transition, how would you address issues of staff morale and build a strong team?

Mr. Hlavac stated it was important to talk with staff about their feelings and understand what they want to see from him. He noted that it was important to remain transparent and create a safe environment where people felt comfortable and enjoyed going to work.

Question No. 4: Do you believe you have management weaknesses and if so, what have you done to improve yourself for the city manager position in the last 24 months?

Mr. Hlavac stated he was hard driving, but had been able to develop a better emotional intelligence and better read on how people were feeling.

Mr. Hlavac stated ideally the City came first and the Council and staff worked together as equal partners. He stated Council drives the philosophy and principles of where they wanted to go which was driven by the citizens.

Mr. Hlavac stated at one time county leadership determined the jail per diem rate which did not match their completed budgets. He stated he was able to work with the three cities in the county to find a solution to the situation.

Question No. 7: How do you handle conflict between team members or between team members and council members?

Mr. Hlavac responded that he would not tolerate conflict between team members and Council members and that team members should bring issues to the City Manager to handle in an appropriate manner. He stated he would not tolerate conflict between staff members and would sit down with them to sort out issues. He stated it was important to get the facts and be objective in those situations.

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Question No. 8: How would you work with the public if they had complaints with City employees or Council members?

Mr. Hlavac stated he would be respectful, listen, and try to help them understand the reason behind why things are being done a certain way. He stated he would have an open-door policy and encourage citizens to talk to Council if they had concerns as well.

Question No. 9: Communication is key for keeping council members informed. How would you keep council members informed?

Mr. Hlavac stated he would like to have a series of briefings every week to review agendas and ensure staff was fully prepared. He stated having small group meetings helped to get consistent messages across to council.

Mr. Hlavac stated he had worked with several different budgets. He stated the most recent budget he worked with was about $24 million and noted they had to adjust that budget quickly due to COVID-19. He stated he did not feel automatic increases were necessary if they did not reflect the CPI or inflation.

Question No. 11: How do you prioritize/stay organized?

Mr. Hlavac stated he made lists and kept highest priority items at the top. He indicated he worked with digital and physical calendars to ensure he got things done well ahead of deadlines.

Question No. 12: If you were selected, tell us what you would tackle during the first 90 days in the position and why?

Mr. Hlavac stated he would get to know Council and understand their priorities. He stated he would get to know staff and what he can do to help make their job more enjoyable. He indicated he would get to know the budgets, leases, and the boards and commissions so that he can build a good foundation of knowledge.

Question No. 13: What is your understanding of the controlled growth policies in Boulder City and what Charter provisions, ordinances or citizen initiatives are involved?

Mr. Hlavac stated the controlled growth raised some long term and strategic issues. He noted they may want to investigate those potential issues, but understood he would ultimately have to rely on what council decided.

Question No. 14: What would your vision of Boulder City be in five or ten years?

Mr. Hlavac stated he envisioned implementing things such as main street America and visual improvement program opportunities.

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Question No. 15: Non-profit charities contribute significantly to this community. What efforts do you believe local government should engage in with non-profit charities?

Mr. Hlavac stated he felt they should be supported provided they are consistent with the goals of the City.

Question No. 16: What role does local government have in regard to businesses and economic development.

Mr. Hlavac stated with the recovery plan, he believed the City is in line for about a million and a half dollars and unless they needed that money for a core project, he would recommend reinvesting it into the local businesses that were hurt by the pandemic. He stated he believed it was the government’s role to be a supportive as possible to businesses that create a positive environment within the city.

Question No. 17: We have asked you a lot of questions today. What questions do you have for us?

Mr. Hlavac asked what they felt was the main skill needed by the next City Manager.

Mayor McManus stated he is looking for a person that really knew Boulder City and understood how they were different and how they can continue to improve their City.

Council Member Adams stated understanding the elements that made their community unique and how to use those strengths.

Council Member Bridges asked how he would resolve a situation where his good idea was not supported by council or residents?

Mr. Hlavac stated he could have an idea but if others did not want to do it, he would listen to that. He stated he appreciated honesty from staff and Council.

Council Member Bridges asked what was your experience with dealing with other government agencies?

Mr. Hlavac stated he had spent a lot of time working with the legislature and he also had negotiated deals with other cities.

Council Member Folda asked if there was anything that may come up in a background check that he would like to address head on.

Mr. Hlavac replied that he was on who wants to be a millionaire. He added that he changed his name at age 18 due to a familial situation.

Mayor McManus thanked him for his time and indicated they would reach out within the next couple weeks.

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Candidate No. 4 – Forrest H. Neuerburg

Question No. 1: Tell us a little bit about yourself and why are you interested in our City Manager position at this point in your career.

Forrest Neuerburg stated he had worked in the public sector, not counting his military service, for about 29 years. He stated he had worked for different state and local governments and served as a City Manager for a while. He stated was looking for a larger niche and he liked the desert.

Question No. 2: As City Manager, how would you describe your management style and how would your co-workers describe you?

Mr. Neuerburg replied he tried to delegate responsibilities to competent managers. He indicated he was not a micromanager unless he needed to be. He stated he was fair, even tempered, and liked to solve problems and get things done.

Question No. 3: During difficult periods of transition, how would you address issues of staff morale and build a strong team?

Mr. Neuerburg stated he liked to do activities together to give people a chance to interact and boost morale. He indicated it was nice to make sure employees talked within and in between different departments.

Question No. 4: Do you believe you have management weaknesses and if so, what have you done to improve yourself for the city manager position in the last 24 months?

Mr. Neuerburg indicated his weakness was being over forgiving and did everything himself. He explained that he has learned to delegate more and allow others to fix things.

Question No. 5: How do you see the City Manager’s role in relation to the city council, city staff, Boulder residents and other governmental entities? And who do you believe you should support first, the Staff, the Council, or the public?

Mr. Neuerburg stated he was there to ensure staff was getting their job done and to support the City Council who represented the citizens. He stated he would encourage citizens to come to Council meetings and talk to members of Council. He stated he would always represent the City in a professional manner and have a good relationship with those he represented.

Mr. Neuerburg shared an experience of dealing with a controversial issue in a previous City he worked in. He stated getting the community informed helped to clear up a lot of the issues.

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Question No. 7: How do you handle conflict between team members or between team members and Council members?

Mr. Neuerburg recommended setting up a meeting to discuss the conflict with the team members. He noted that conflict between employees and council was not appropriate, so he would talk to that employee. He stated people still have a right to their opinions, but complaints should go through the appropriate avenues.

Question No. 8: How would you work with the public if they had complaints with City employees or Council members?

Mr. Neuerburg noted most places had a formal complaint procedure. He stated that he often encouraged citizens to talk with him directly if they had issues. He noted that he would investigate the situation and get the whole story before bringing it forward.

Question No. 9: Communication is key for keeping council members informed. How would you keep council members informed on issues facing the community.

Mr. Neuerburg remarked that he wrote weekly memos to the council regarding the most important things going on. He noted that the whole council should get the same information at roughly the same time when possible.

Mr. Neuerburg explained that he was working closely with the financial director at his current city on an $8.6 million project by going through invoices and insuring they were within the budget. He stated that he reviewed the expenditures and forecasts for the general budget every month. He noted that he helped to turn the general fund around in the current city he is working for.

Question No. 11: How do you prioritize/stay organized?

Mr. Neuerburg replied that he used outlook calendar and task lists. He shared that he budgeted his time so that priorities got taken care of and regularly scheduled extra time to address issues that could not be planned for. He stated that he also used delegation to make sure tasks got taken care of.

Question No. 12: If you were selected, tell us what you would tackle during the first 90 days in the position and why?

Mr. Neuerburg stated he would want to know the details of some of the big projects going on including the land sale. He noted that he would want to spend time with the finance department and getting to know people. He stated he would like to have individual meetings with council members and understand their goals and objectives.

Question No. 13: What is your understanding of the controlled growth policies in

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Boulder City and what Charter provisions, ordinances or citizen initiatives are involved?

Mr. Neuerburg indicated he was aware they had a growth ordinance and that he was in favor of controlled growth.

Question No. 14: What would your vision of Boulder City be in five or ten years?

Mr. Neuerburg remarked that he saw the recreational amenities growing and ensuring the community maintained fiscal stability by doing rainy day planning. He noted that he would also investigate plans for future infrastructure improvements while maintaining a good fiscal balance. He stated that historic preservation was a great thing that might be used to increase commerce and the charm of the city. He indicated he saw a strong community that people enjoyed living in.

Question No. 15: Non-profit charities contribute significantly to this community. What efforts do you believe local government should engage in with non-profit charities?

Mr. Neuerburg replied there was lots of ways to partner with non-profits. He explained that his current community worked to save a historic theater by working with non-profits.

Question No. 16: What role does local government have in regard to businesses and economic development?

Mr. Neuerburg responded that it was certainly important to help people maintain jobs. He noted local government can support development and business instead of a hinderance. He noted they could use incentive programs to help businesses or bring businesses in.

Question No. 17: We have asked you a lot of questions today. What questions do you have for us?

Mr. Neuerburg inquired what they felt they were looking for in a new city manager.

Council Member Adams stated understanding what makes Boulder City unique and that those are their strengths and not weaknesses.

Mayor McManus stated people lived there because they want to and not because they must.

Council Member Bridges asked how he would resolve a situation where his good idea was not supported by Council or the residents?

Mr. Neuerburg stated he was willing to make his case but if it is not what they wanted then that was okay.

Council Member Bridges asked what his experience was dealing with other government agencies?

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Mr. Neuerburg replied that while working for the state of Wyoming he worked with cities, counties, and non-profit organizations. He stated he has experience working with almost every level of government including the legislature.

Council Member Folda asked if there was anything that would come up in his background check that he would like to address head on.

Mr. Neuerburg replied there was not.

Mayor McManus thanked Mr. Neuerburg for participating in the interview.

Candidate No. 5 – Taylour R.B. Tedder

Question No. 1: Tell us a little bit about yourself and why are you interested in our City Manager position at this point in your career?

Taylour Tedder stated he was currently working as the assistant city manager for Leavenworth, Kansas. He shared that he loved providing a high level of customer service to the public and enjoyed the day-to-day operations of the city. He indicated that he was highly experienced in budget and CIP development and was also an adjunct professor for an online public administration program. He shared that he had a master degree in public administration in addition to graduate certificates in city planning and finance.

Question No. 2: As City Manager, how would you describe your management style and how would your co-workers describe you?

Mr. Tedder responded that when working with Council and the Mayor it is participative and he encouraged all opinions to be shared and find a consensus on best practices. He shared that regarding City staff he has a servant leadership style of management that includes serving first and empowering employees to make impactful decisions. He shared that he practiced an open-door policy to all elected officials, staff, and the public. He stated that he believed he would be described as fair and as a team player.

Question No. 3: During difficult periods of transition, how would you address issues of staff morale and build a strong team?

Mr. Tedder explained that it depended. He clarified that for some recognition and feedback went a long way while others responded better to being heard and team meetings.

Question No. 4: Do you believe you have management weaknesses and if so, what have you done to improve yourself for the city manager position in the last 24 months?

Mr. Tedder replied he can be a perfectionist and may have spent more time than needed to polish things up but has worked to be able to focus on the most pressing matters.

Question No. 5: How do you see the City Manager’s role in relation to the city council, city staff, Boulder residents and other governmental entities? Ad who do you believe

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you should support first, the Staff, the Council, or the public?

Mr. Tedder remarked that he believed staff was hired as subject matter experts and treated them as such. He shared that monthly one on one meetings helped to keep people accountable and avoid surprises. He shared that he would promote a collaborative environment where employees felt they could share their opinions. He indicated regarding elected officials, they would be put first. He indicated his role would be to provide information about why the recommend doing things certain ways and having open communication and treating the governing body with respect. He stated he regularly fields questions or concerns from residents and has found that often they just need to be heard even if there was not a solution they could offer.

Mr. Tedder stated the key was a solid communication plan. He noted that the city needed to be open and transparent to help create trust. He indicated that public education to help them understand what was going on was helpful as well.

Question No. 7: How do you handle conflict between team members or between team members and council members?

Mr. Tedder remarked that it came down to getting people on the same page. He shared an experience when he resolved a conflict by simply discussing it with those involved.

Question No. 8: How would you work with the public if they had complaints with City employees or Council members?

Mr. Tedder replied that he would receive the complaint and investigate the issue. He shared that there may be an explanation to why an employee’s performance may be suffering and would try to give them the tools or resources they need to succeed. He noted that sometimes tough decisions had to be made but leadership and preparing others was key.

Question No. 9: Communication is key for keeping council members informed. How would you keep council members informed on issues facing the community?

Mr. Tedder stated his goal would be to never have an elected official be surprised by keeping them constantly informed. He shared that he provides a weekly report to the governing body in addition to agenda review meetings and/or emails.

Mr. Tedder explained that he was highly involved with his current city’s budget development and oversees their CIP. He shared that he had extensive experience with

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the city’s financial software. He noted he had exposure with water utilities and procuring equipment and machinery for those types of facilities.

Question No. 11: How do you prioritize/stay organized?

Mr. Tedder replied that he liked to make lists and made excellent use of his calendar to not forget things. He liked to prioritize and utilize delegation and file folder for ease reference. He shared organization of emails was important as well.

Question No. 12: If you were selected, tell us what you would tackle during the first 90 days in the position and why?

Mr. Tedder stated he would start by building relationships with council, staff, citizens, and community partners. He would also familiarize himself with the budget in depth and fully comprehend the priorities list and comprehensive plan in addition to team building and identifying new initiative and projects that could improve efficiencies and quality of life for the citizens. He noted that he believed he could help take their website one step further to be a 24/7 interactive city hall that may even lead to reduction in staff time and offer additional transparency.

Question No. 13: What is your understanding of the controlled growth policies in Boulder City and what Charter provisions, ordinances or citizen initiatives are involved?

Mr. Tedder commented that he has researched the controlled growth policy and believed they had an appropriate average amount of growth each year. He noted they have a premier community, and he would want to protect its charm and family friendliness.

Question No. 14: What would your vision of Boulder City be in five or ten years?

Mr. Tedder remarked that he would focus first on the Council’s vision to preserve the small-town charm, history, and quality of life in addition to maintaining economic vitality. He indicated he would want to see a focus on providing excellent customer service and accountability and increase services to residents.

Question No. 15: Non-profit charities contribute significantly to this community. What efforts do you believe local government should engage in with non-profit charities?

Mr. Tedder expressed that he was comfortable working with non-profit organizations within the community. He shared some of the organizations he has worked with at his current city.

Question No. 16: What role does local government have in regard to businesses and economic development.

Mr. Tedder noted that their economic development efforts could focus on business retention and expansion. He shared that they could look into grants and loans. He noted that there were ways they could promote economic development while spurring redevelopment of historic buildings. He noted that he would like to look into the addition

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of a new grocery store as the Mayor had mentioned in a previous meeting. He noted that economic development should help elevate the quality of life for citizens. He shared some of his familiarity with historic projects in his current city and understood they put a high priority on historic preservation as well.

Question No. 17: We have asked you a lot of questions today. What questions do you have for us?

Mr. Tedder commented that he visited Boulder City a few years ago and wanted to make a home there. He noted that there was a lot of similarities in size and a full-service community to the one he was currently in. He added that he would plan to work in Boulder City long term. He inquired if they had electric capacity concerns for the future.

Mayor McManus replied for many years the utilities have been neglected. He stated that he believed they had a reliable system, but there was still a way to go.

Mr. Tedder asked if they believed water resources would be a top issue over the decade in the region.

Council Member Bridges responded that it would absolutely be an issue. She noted they would be looking at the drought contingency program especially since they have seen an increase in water usage and diminishing supply.

Mr. Tedder asked if the reports about asbestos in the community still required attention or if it was a non-issue.

Council Member Adams remarked that efforts to look at it went beyond the city level and were more at the county level. He noted that he personally believed a lot more needed to be done on the issue, but recognized it was a controversial topic.

Mr. Tedder asked if they had any insight on the current culture of the employees in Boulder City.

Mayor McManus noted that they are in a transition phase and several department heads were relatively new. He shared that over the last year their has been better understanding between the departments and council which he feels has been beneficial.

Mr. Tedder asked what the top quality was that they were looking for in the next City manager.

Council Member Adams remarked understanding what makes Boulder City special and that its unique qualities are its strengths.

Council Member Bridges asked what he would do if his good idea was not supported by council or residents?

Mr. Tedder indicated he would typically try and gage support before he got too far along in the process. He noted that he could save it for later and move on to another idea.

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Council member Bridges inquired what his experience was working with other government entities.

Mr. Tedder noted that he has worked with the county on a regular basis as well as neighboring communities. He indicated he had worked with school districts as well.

Council Member Folda asked if there was anything that would come up in a background check that he would like to address head on.

Mr. Tedder responded there was not.

Mayor McManus thanked Mr. Tedder for his time and indicated they would get in touch with him in a week or two.

Ms. McKee indicated she would compile the evaluation sheets from the interviews to help determine who they would like to return for a second interview.

Mayor McManus suggested they hold a special meeting on April 21, 2021 to determine which candidates they would like to further interview for the city manager position.

2. For possible action: Matters pertaining to the City Attorney position:

Acting City Attorney Brittany Walker disclosed she had a pecuniary interest in the item so Attorney Gary Booker would be standing in for legal counsel for the remainder of the meeting.

A. City Council discussion of April 5, 2021 candidate interview and evaluation of Christi Kindel, Stephen Smith and Brittany Walker provided to GovHR

Ms. McKee indicated that they would be willing to do negotiation with the selected candidate if they were prepared to offer a contingent job offer.

Mayor McManus stated that the compiled scores from their previous meeting were 25.60 for Brittany Walker, 21.60 for Christi Kindel, 14.80 for Stephen Smith. He remarked that he was prepared to recommend her as their as City Attorney.

Council Member Bridges indicated that she was impressed with Ms. Walkers and found her responsive and knowledgeable. She indicated she was her first choice and would support giving her a contingent job offer.

Council Member Hoskins stated that she felt the same way.

Council Member Folda remarked that based on the evaluations it appeared that Council had a consensus. She noted that all the candidates were very qualified but that she was willing to offer Ms. Walker a contingent job offer at this time.

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Council Member Adams noted that all those that have worked with Ms. Walker in the past and the public had nothing but positive comments about her and he would like to see her appointed as their City Attorney.

Mayor McManus noted the other candidates had great skill sets. He shared that he felt Ms. Walker was well suited for the position and had adequate experience.

B. City Council direction regarding next steps for City Attorney selection process including possible contingent job offer.

Motion: To approve a contingent job offer to Brittany Walker using the City’s existing draft contract and based upon a successful background check and physical exam.

Moved by: Mayor McManus Seconded by: Council Member Bridges

Vote:

AYE: Mayor Kiernan McManus, Council Member James Howard Adams, Council Member Claudia Bridges, Council Member Tracy Folda, Council Member Judith Hoskins (5)

NAY: None (0)

Absent: None (0)

The motion was approved.

3. Public Comment

Mayor McManus opened the final public comment period of the meeting.

Sharon Newby complimented the Council on their accomplishment and indicated she was pleased to welcome Brittany Walker as their new City Attorney.

Judy Dechaine inquired what the timeline was for the selection of the City Manager.

Mayor McManus explained that Ms. McKee would compile the evaluations and they would review those on April 21, 2021 to discuss potentially identify two or three candidates for in person interviews.

No additional comments were made, and the public comment period was closed.

Mayor McManus adjourned the meeting at 4:32 p.m.

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______Kiernan McManus, Mayor

ATTEST:

______Tami McKay, Acting City Clerk

45 Minutes of the April 14, 2021 special City Council meeting 21

Ian C. Bartrum, Associate Dean & Professor of Law

City of Boulder City Mayor and City Councilmembers 401 California Ave. Boulder City, NV 89005

Mayor and Councilmembers:

I am writing in support of Brittany Walker, Esq. for the position of City Attorney of Boulder City, Nevada. My name is Ian Bartrum. I am a Boulder City resident, and a professor of Constitutional Law, Constitutional Theory, Jurisprudence, and Law and Religion at William S. Boyd School of Law at the University of Nevada, Las Vegas (Boyd). Brittany is a former student of mine. Brittany stood out to me during her time at Boyd as she was always well prepared, thoughtful, and articulate during class discussions. She excelled in constitutional law receiving top marks in both constitutional law courses offered at Boyd.

A City Attorney’s understanding of constitutional law is extremely important for the role, both as a criminal prosecutor and a legal advisor to the City. Government entities must be painstakingly aware of the constitutional constraints contained in the United States Constitution and latest jurisprudence more so than private entities. For example, a City Attorney must always take into account the First Amendment when considering regulations involving speech, assembly, or religion, and the City Attorney should be aware of the latest jurisprudence governing individual privacy rights, the Commerce Clause, and the limitations on local government power in general.

As a student, Brittany demonstrated exceptional comprehension of the United States Constitution and the Bill of Rights – She read every case and was enthusiastic and passionate about constitutional law. I was impressed by her capacity for knowledge and believe that she will serve as an outstanding City Attorney. As a long-term resident of Boulder City, I very much hope you will retain her in the permanent position.

Sincerely,

Ian C. Bartrum Professor of Law

University of Nevada, Las Vegas 4505 S. Maryland Parkway  Box 451003  Las Vegas, Nevada 89154-1003 (702) 895-3671  Fax: (702) 895-2482 [email protected] 46 47 From: [email protected] To: City Clerk Subject: Online Form Submittal: Meetings Comment Form Date: Tuesday, April 13, 2021 8:17:22 PM

CAUTION: This email originated from outside the Boulder City, NV network. Please note the sender and maintain caution when opening external links/attachments.

Meetings Comment Form

Meetings Public Comment Form Please complete this form if you would like to provide your comment on an item to be discussed at a Boulder City Council, Committee or Commission meeting. Comments should be addressed to the Council as a whole, not to an individual member. Thank you for your cooperation and participation.

The Mayor and Boulder City Council request that all comments are expressed in a courteous manner. If you choose to comment, messages are limited to five minutes each.

PLEASE NOTE: Comments received after 4:00 PM the day of the scheduled meeting may not be included in the record. You are encouraged to send in your comments early to allow for distribution to City Council, Committee or Commission members for review.

First Name Barry

Last Name Courtney

Email Address [email protected]

Phone Number (702)271-2234

Address 817 6th St.

City Boulder City

State NV

Zip 89005

If you are representing Field not completed. someone other than yourself, please indicate who you are representing (i.e. family member, organization).

48 Do you wish to speak? No

Meeting Date and/or 4/14/2021 Special Council Meeting Function

Agenda Item: If unsure of the General Public Comment item, please view the agenda at www.bcnv.org/agendacenter. If you do not want to speak to a specific agenda item, please type "General Public Comment" below.

Opinion No position: Concerned or Neutral

Your Comment I am a retired public servant from the City of Henderson and am a resident of Boulder City. As much as I respect the Council’s desire to achieve transparency and appreciate the opportunity to participate in the City Manager interviews as they will be done publicly and broadcasted live, I can’t help but wonder if this process is actually going to achieve what the Council would like it to.

Will the Council actually get the best applicant if the applicants have had the opportunity to watch the interviews prior to their own? Seems to me this is an unfair advantage for some applicants and not a level playing field from the start. Additionally, holding the interviews publicly seems to me to limit an applicant's ability to be candid, to fully explain or answer questions knowing that all of the information is public and due to the possible sensitive nature of questions asked.

In all my years of public service, I have never seen a recruitment process progress like this. I hope the Council has considered these issues and has instituted mitigations to prevent a skewed outcome.

Affirm Yes

Do you wish to sign up to No receive future agendas and news items from the City of Boulder City?

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49 From: Scherer, Scott To: City Clerk Subject: Letter of Recommendation for Brittany Walker Date: Monday, April 12, 2021 12:21:00 PM Attachments: Letter of Recommendation for Brittany Walker.pdf

CAUTION: This email originated from outside the Boulder City, NV network. Please note the sender and maintain caution when opening external links/attachments.

To Whom It May Concern:

Please see the attached letter of recommendation for Brittany Walker for the Mayor and members of the Council. If I may provide any other information or be of any assistance, please do not hesitate to let me know.

Regards,

Scott Scherer

STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by calling (303) 223-1300 and delete the message. Thank you.

50 R7274, R7275 - Matters Pertaining to Silver Peak Solar

SUBJECT: For Possible Action: Matters Pertaining to Access and Construction Easements for Silver Peak Solar

ADDITIONAL INFORMATION: ATTACHMENTS: Description Type Staff Report Cover Memo

51 City Council Meeting May 11, 2021

Item No. 2 BOULDER CITY CITY COUNCIL Staff Report

MAYOR KIERNAN MCMANUS TO: Michael Mays, Acting City Manager COUNCIL MEMBERS: JAMES HOWARD ADAMS FROM: Diane Pelletier, Finance Director CLAUDIA M.BRIDGES TRACY FOLDA JUDITH A. HOSKINS DATE: May 3, 2021 ◄ ● ► SUBJECT: For Possible Action: Matters Pertaining to Access and MEETING LOCATION: Construction Easements for Silver Peak Solar CITY COUNCIL CHAMBER

401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 A. Resolution No. 7274, a resolution of the City of Boulder City approving Agreement No. 21-1930, a non-exclusive access and utility MAILING ADDRESS: easement between the City of Boulder City and Silver Peak Solar LLC 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 to provide access to the lower section of the Silver Peak Solar development site WEBPAGE: WWW.BCNV.ORG B. Resolution No. 7275, a resolution of the City of Boulder City ◄ ● ► approving Agreement No. 21-1931, a temporary construction access easement between the City of Boulder City and Silver Peak Solar LLC ACTING CITY MANAGER: to provide construction access to the lower section of the Silver Peak MICHAEL MAYS, AICP Solar development site ACTING CITY ATTORNEY: BRITTANY LEE WALKER, ESQ Business Impact Statement: This action will not have a significant ACTING CITY CLERK: economic impact on business and will not directly restrict the TAMI MCKAY, MMC, CPO formation, operation, or expansion of a business. ADMINISTRATIVE SERVICES DIRECTOR: BRYCE BOLDT

COMMUNITY DEVELOPMENT DIRECTOR: MICHAEL MAYS, AICP THIS ITEM HAS BEEN

PUBLIC WORKS DIRECTOR: KEEGAN LITTRELL, P.E. WITHDRAWN AND WILL BE UTILITIES DIRECTOR: DENNIS PORTER, P.E. RESCHEDULED POLICE CHIEF: TIM SHEA

FIRE CHIEF: WILLIAM GRAY, CFO

FINANCE DIRECTOR: DIANE PELLETIER, CPA

PARKS & RECREATION DIRECTOR ROGER HALL 52 RTC Presentation

SUBJECT: Presentation offered by M.J. Maynard, CEO for the RTC regarding the Proposed Transit Service Changes and Stimulus Funding Update

ADDITIONAL INFORMATION: ATTACHMENTS: Description Type Item 3 Staff Report Cover Memo PowerPoint Cover Memo Proposed Service Change Cover Memo

City Council Meeting

May 11, 2021 BOULDER CITY CITY COUNCIL Item No. 3

MAYOR KIERNAN MCMANUS Staff Report COUNCIL MEMBERS:

JAMES HOWARD ADAMS CLAUDIA BRIDGES TRACY FOLDA JUDITH HOSKINS TO: Mayor McManus and City Council members

◄ ● ► FROM: Tami McKay, Acting City Clerk

MEETING LOCATION: CITY COUNCIL CHAMBER DATE: April 26, 2021 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 SUBJECT: Presentation offered by M.J. Maynard, CEO for the RTC MAILING ADDRESS: regarding the Proposed Transit Service Changes and Stimulus 401 CALIFORNIA AVENUE Funding Update BOULDER CITY, NV 89005

WEBPAGE: Business Impact Statement: This action will not have a significant WWW.BCNV.ORG economic impact on business and will not directly restrict the formation, operation, or expansion of a business. ◄ ● ►

ACTING CITY MANAGER: Action Requested: That the City Council receive the presentation MICHAEL MAYS, AICP offered by M.J. Maynard, CEO for the RTC regarding the Proposed Transit Service Changes and Stimulus Funding Update. CITY ATTORNEY: BRITTANY WALKER, ESQ. Overview: ACTING CITY CLERK: TAMI MCKAY, MMC, CPO • RTC has received Federal stimulus funding to restore and enhance COMMUNITY DEVELOPMENT DIRECTOR: essential public transit service. MICHAEL MAYS, AICP M.J. Maynard will provide an update and PowerPoint presentation • PUBLIC WORKS DIRECTOR: regarding the proposal. KEEGAN LITTRELL, P.E.

UTILITIES DIRECTOR: Background Information: DENNIS PORTER, P.E. As a result of the pandemic, the Regional Transportation Commission POLICE CHIEF: TIM SHEA of Southern Nevada (RTC) has received federal stimulus funding to restore and enhance essential public transit service, including FIRE CHIEF: reinstating weekday schedules. The RTC is proposing expanding the WILL GRAY current service area, extending routes, increasing bus frequency, and FINANCE DIRECTOR: introducing new routes and a new on-demand transit service. DIANE PELLETIER, CPA

PARKS & RECREATION DIRECTOR ROGER HALL 54

A public comment period is open through Monday, May 31, 2021, inviting customers and members of the community to review and comment on the proposed service changes, and complete a brief survey. Participation through the RTC website or through in-person/virtual meetings is highly encouraged. Once the public comment period closes, the input will be utilized to implement the proposed adjustments, as approved by the RTC Board of Commissioners.

Department Recommendation: The Acting City Clerk respectfully requests the City Council receive the presentation offered by M.J. Maynard, CEO of the RTC regarding the Proposed Transit Service Changes and Stimulus Funding Update.

Attachment: PowerPoint Proposed Service Change Handout

55 56 58 59 60 61 62 63 64 65 66 67 68 69 70 71 BUT BEFORE WE MAKE ANY CHANGES WE WANT TO HEAR FROM YOU! Share your feedback at rtcsnv.com through a brief survey by Monday, May 31, for a chance to win a gift card or receive a 24-hour transit pass. New winners will be chosen every week MÁS SERVICIO MÁS RUTAS MÁS FRECUENCIA TRANSIT MAY BE BACK AND BETTER THAN EVER! PERO ANTES DE REALIZAR CUALQUIER CAMBIO, ¡QUEREMOS SU OPINIÓN! As a result of the pandemic, the Regional Transportation Commission of Southern a través de una breve encuesta en rtcsnv.com antes del lunes 31 de mayo, tendrá la oportunidad de ganar Nevada (RTC) has received federal stimulus funding to restore and enhance una tarjeta de regalo o recibir un pase de transporte público de 24 horas. Nuevos ganadores serán elegidos essential public transit service, including reinstating weekday schedules. cada semana. ¡NUESTRO TRANSPORTE PÚBLICO PUEDE ESTAR DE REGRESO NEW ROUTES & SERVICES Y MEJOR QUE NUNCA! Route 220 (Ann/Tropical) Como resultado de la pandemia, la Comisión Regional de Transporte del Sur de Nevada (RTC) ha recibido fondos de estímulo federal para restaurar y mejorar el servicio de transporte público esencial, incluido el ◗ Traveling east-west across the northern end of the service area, and restablecimiento de los horarios de los días laborables. terminating in the I-15 North & Speedway industrial/warehousing area Route 221 (Cactus/Horizon Ridge/Boulder City) NUEVAS RUTAS Y SERVICIOS ◗ Serving Cactus & Mountain’s Edge area, traveling east-west across the southern end of Ruta 220 (Ann/Tropical) the service area, and continuing to NV State College & Boulder City (replaces Route 402) ◗ Viajando de este a oeste a través del extremo norte del área de servicio y terminando en el área industrial / de almacenamiento I-15 North & Speedway Microtransit Zone (Southwest/West Henderson) Ruta 221 (Cactus/Horizon Ridge) ◗ Implement new on-demand zone to serve remaining transit ◗ Sirviendo el área de Cactus y Mountain's Edge, viajando de este a oeste a través del extremo sur del área de gaps and supplement fixed-route for short trips servicio y continuando hasta NV State College y Boulder City (reemplaza la Ruta 402) ROUTE EXTENSIONS & ADJUSTMENTS Zona de Microtransporte (Southwest/West Henderson) Route 101 (Rainbow) ◗ Se implementará una nueva zona bajo demanda para atender las brechas de transporte restantes y complementar la ruta fija para viajes cortos ◗ Extend south to Blue Diamond Road Route 102 (Jones) AJUSTES DE RUTAS ◗ Extend south to Wigwam Avenue Ruta 101 (Rainbow) ◗ Route 103 (Decatur) Se extenderá hacia el sur hasta Blue Diamond Road ◗ Extend south to Blue Diamond Road Ruta 102 (Jones) ◗ Extend north to Grand Teton, with a loop to Jones Boulevard, ◗ Se extenderá hacia el sur hasta Wigwam Avenue serving the Department of Motor Vehicles Ruta 103 (Decatur) ◗ Routes 105 (Martin L. King) Se extenderá hacia el sur hasta Blue Diamond Road ◗ Modify NB routing to use Tropical Pkwy. instead of Ann Road, in combination ◗ Se extenderá hacia el norte hasta Grand Teton, con un bucle hacia Jones Boulevard, al servicio del with launch of new Route 220, to maximize two-way service. Departamento de Vehículos Motorizados Route 119 (Simmons / Koval) Ruta 105 (Martin L. King) ◗ Se modificará el enrutamiento hacia el norte para usar Tropical Pkwy. en lugar de Ann Road, en combinación ◗ Modify route between Sahara & Spring Mtn. to use Sammy Davis Jr. instead of con el lanzamiento de la nueva Ruta 220, para maximizar el servicio de ida y vuelta. I-15, providing access to Resorts World, Circus Circus, & other destinations. Ruta 119 (Simmons / Koval) Route 120 (Fort Apache) ◗ Se modificará el enrutamiento entre Sahara y Spring Mtn. para utilizar Sammy Davis Jr. en dé vez de I-15, ◗ Extend south to Blue Diamond Road proporcionando acceso a Resorts World, Circus Circus, y otras paradas. Route 121 (Durango) Ruta 120 (Fort Apache) ◗ Extend south to Blue Diamond Road ◗ Se extenderá hacia el sur hasta Blue Diamond Road Route 122 (S. Maryland Parkway/West Henderson) Ruta 121 (Durango) ◗ Se extenderá hacia el sur hasta Blue Diamond Road ◗ With the addition of new Route 221 (Cactus/Horizon Ridge/Boulder City), Route 122 will be adjusted to serve the West Henderson area (St. Rose Pkwy., M Resort area, Raiders Way, etc.) Ruta 122 (S. Maryland Parkway/West Henderson) ◗ Con la adición de la nueva Ruta 221 (Cactus / Horizon Ridge), la Ruta 122 se ajustará para continuar sirviendo Centennial Express (CX) al área de West Henderson (St. Rose Pkwy., área de M Resort, Raiders Way, etc.) ◗ Extend northwest to Skye Canyon area after serving Centennial Hills Centennial Express (CX) Transit Center (CHTC), in combination with new Route 220 ◗ Se extenderá hacia el noroeste hasta el área de Skye Canyon después de servir a Centennial Hills Transit Downtown & Veterans Medical Center Express (DVX) Center (CHTC), en combinación con la nueva Ruta 220 ◗ Modify northbound routing in combination with launch of new Route Downtown & Veterans Medical Center Express (DVX) 220, to maximize more convenient two-way service ◗ Se modificará la ruta hacia el norte en combinación con el lanzamiento de la nueva Ruta 220, para maximizar un servicio bidireccional más conveniente FREQUENCY & SERVICE INCREASES Route 119 (Simmons/Koval) AUMENTOS DE FRECUENCIA Y SERVICIO ◗ Increase Saturday afternoon and late morning frequency to every Ruta 119 (Simmons/Koval) 30 minutes (currently once an hour on weekends) ◗ Se aumentará la frecuencia en sábados por la tarde y al final de la mañana a cada 30 minutos (actualmente una vez por hora los fines de semana) Route 203 (Spring Mountain/Desert Inn/Lamb) Ruta 203 (Spring Mountain/Desert Inn/Lamb) ◗ Increase Saturday morning frequency to every 20 minutes (currently every 30 minutes) ◗ Se aumentará la frecuencia en sábados por la mañana a cada 20 minutos (actualmente, cada 30 minutos). ◗ Increase Sunday afternoon frequency to every 20 minutes (currently every 30 minutes) ◗ Se aumentará la frecuencia en domingos por la tarde a cada 20 minutos (actualmente, cada 30 minutos). ◗ Start every 20 minute weekday frequency earlier in the morning ◗ Se comenzará con una frecuencia de 20 minutos entre semana más temprano en la mañana agregando un by adding one additional trip in each direction viaje adicional en cada dirección. Route 207 (Alta/Stewart) Ruta 207 (Alta/Stewart) ◗ Restore weekend service ◗ Se restaurará el servicio de fin de semana Route 209 (Vegas/Owens) Ruta 209 (Vegas/Owens) ◗ Restore weekend service ◗ Se restaurará el servicio de fin de semana Route 210 (Lake Mead) Ruta 210 (Lake Mead) ◗ Increase Saturday daytime frequency to every 20 minutes (currently every 30 ◗ Se aumentará la frecuencia diurna de los sábados a cada 20 minutos (actualmente cada 30 minutos durante minutes during morning hours & every 25 minutes during afternoon hours) las horas de la mañana y cada 25 minutos durante las horas de la tarde)

ADDITIONAL CHANGES CAMBIOS ADICIONALES Route 206 (Charleston) Ruta 206 (Charleston) ◗ As part of RTC’s effort to improve speed of service through innovation, this route will ◗ Como parte del esfuerzo de RTC para mejorar la velocidad del servicio a través de la innovación, be redesigned to offer trips that make fewer stops during weekday hours from approx. esta ruta sera rediseñada para ofrecer viajes que hacen menos paradas durante la semana 6 a.m. to 6 p.m., reducing travel times by up to 25%. These added trips will operate every desde las 6 a.m. a las 6 p.m. aproximadamente, reduciendo los tiempos de viaje hasta en un 25%. 20 minutes, while trips making all stops will also operate every 20 minutes, providing up Estos viajes adicionales operarán cada 20 minutos, mientras que los viajes que hacen todas to every 10 minute service (a 50% increase in frequency) at stops served by all trips. las paradas también operarán cada 20 minutos, proporcionando un servicio cada 10 minutos (un aumento del 50% en la frecuencia) en las paradas atendidas por todos los viajes. ◗ Bus stops west of Rainbow & east of Nellis will be reduced to every 20 minute frequency. Trips serving these areas will serve major stops only in between Rainbow & Nellis to make trips faster. ◗ Las paradas de autobús al oeste de Rainbow y al este de Nellis se reducirán a una frecuencia de 20 minutos. Los viajes que prestan servicios en estas áreas servirán ◗ Some bus stops that are near other stops or are very low ridership will be paradas especificas entre Rainbow y Nellis para hacer los viajes más rápidos. eliminated or relocated, to help improve speed of service for all customers. ◗ This will affect less than 5% of customers along the route. Algunas paradas de autobús que están cerca de otras paradas o tienen muy poca cantidad de pasajeros serán eliminadas o reubicadas, para ayudar a mejorar la velocidad del servicio Route 402 (Henderson / Boulder City) para todos los clientes. Esto afectará a menos del 5% de los clientes a lo largo de la ruta. ◗ To provide more direct connections to Boulder City & CSN Scan for more Ruta 402 (Henderson / Boulder City) Henderson from a larger portion of the Valley, Route 402 will be information ◗ Para proporcionar conexiones más directas a Boulder City y CSN Henderson partially replaced by new Route 221 to Railroad Pass, Boulder City, hacia la porción más grande del Valle, la Ruta 402 será parcialmente reemplazada CSN Henderson, and along Horizon Drive. Other portions of the por la nueva Ruta 221 hacia Railroad Pass, Boulder City, CSN Henderson y a lo largo current Route 402, north of Horizon Drive, will not be replaced. de Horizon Drive. Otras porciones de la Ruta 402 actual, hacia al norte de Horizon But, service will remain available via other routes at or near all Drive, no será reemplazada. Pero, el servicio seguirá estando disponible a través de stops along the current Route 402. otras rutas en o cerca de todas las paradas a lo largo de la Ruta 402 actual.

72 SKYE CANYON PARK CX GRAND TETON Route 101 (Rainbow) Extend south SKYE VILLAGE FARM to Blue Diamond Road Centennial 220 Hills Transit 103 Center Route 102 (Jones) Extend south Park & Ride DORRELL DEER SPRINGS to Wigwam Avenue PECOS

HUALAPAI CENTENNIAL DEER SPRINGS CAMINO CENTENNIAL ELDORADO 105 Route 103 (Decatur) Extend south CENTENNIAL RANGE 5TH

REVERE TROPICAL CENTER TROPICAL 220 Blue Diamond Road and extend north HOLLYWOOD TENAYA ANN ANN to Grand Teton 220 EL CAMPO GRANDE Route 105 (Martin L. King) Modify PROPOSED LOSEE north end routing CAMINO AL NORTE DVX 105 Route 119 (Simmons/Koval) Adjustments AUGUST between Sahara & Spring Mtn Route 120 (Fort Apache) Extend south to Blue Diamond Road 2021 Route 121 (Durango) Extend south

MARTIN L KING L MARTIN to Blue Diamond Road SERVICE DVX Route 122 (S. Maryland Parkway/ 105 West Henderson) Adjusted to serve VEGAS DR OWENS the West Henderson area 209 209 CHANGES Route 207 (Alta/Stewart) Restore weekend service MEADOWS STEWART Only routes with RAMPART ALTA DOWNTOWN STEWART Route 209 (Vegas/Owens) 207 LAS VEGAS 207 routing changes Restore weekend service NEW Route 220 (Ann/Tropical) or extensions RANCHO SAHARA 73 NEW Route 221 are shown 119 (Cactus/Horizon Ridge/Boulder City) SANDS Route 402 North of Horizon being SAMMY DAVIS JR AGOSTO 2021 eliminated, other routes remain available. Centennial Express (CX) Extend northwest PROPUESTOS CAMBIOS to Skye Canyon area DE SERVICIO Downtown & Veterans Medical Center Solo se muestran las rutas Express (DVX) Modify northbound routing Proposed Microtransit Zone con cambios o extensiones (31.95 Sq. Miles) GALLERIA S. Strip Transit PILOT Proposed Paratransit Service Area Terminal 122 JONES (SSTT) Added (23.14 Sq. Miles)

103 Park & Ride STEPHANIE 102 Current Paratransit Service Area 402 (340.48 Sq. Miles) PARADISE

120 WINDMILL DECATUR WINDMILL

DURANGO WIGWAM LAKE MEAD PKWY

RAINBOW 122 ARVILLE S 121 101 FORT APACHE

BLUE DIAMOND VEGAS BLVD LAS 402

HORIZON RIDGE PKWY PACIFIC

TORREY PINES TORREY SILVERADO RANCH E GOMER 221 CARNEGIE HORIZON 221 PKWY VALLEY GREEN

MARYLAND PKWY BUFFALO HORIZON CACTUS COLLEGE MOUNTAINS EDGE PKWY CACTUS RIDGE 221 221

ST ROSE PKWY DAWSON BARBARA RAIDERS WAY PARADISE ARIZONA 122 HILLS UTAH 221 LV BLVD VOLUNTEER BOULDER CITY PKWY ADAMS B1895 Airport Fuel Standards

SUBJECT: Introduction of Bill No. 1895, an Ordinance of the City of Boulder City, Nevada to amend Boulder City Municipal Code, Title 9 “Public Ways and Property,” Chapter 4 “Municipal Airport” to add a new section adopting the Boulder City Municipal Airport Aviation Fuel Dispensing, Handling, and Storage Standards

ADDITIONAL INFORMATION: ATTACHMENTS: Description Type Staff Report Cover Memo Bill No. 1895 Exhibit Airport Fuel Dispensing Handling and Storage Standards Exhibit

74 City Council Meeting May 11, 2021

Item No. 4 BOULDER CITY CITY COUNCIL

MAYOR Staff Report KIERNAN MCMANUS

COUNCIL MEMBERS: JAMES HOWARD ADAMS TO: Michael Mays CLAUDIA M.B BRIDGESRIDGES Acting City Manager / Community Development Director TRACY FOLDA JUDITHUDY H OSKINSA. HOSKINS FROM: Brittany Walker ◄ ● ► Acting City Attorney ◄ ● ► MEETING LOCATION: CITY COUNCIL CHAMBER DATE: May 4, 2021 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 SUBJECT: Introduction of Bill No. 1895, an Ordinance of the City of

MAILING ADDRESS: Boulder City, Nevada to amend Boulder City Municipal Code, Title 9 401 CALIFORNIA AVENUE “Public Ways and Property,” Chapter 4 “Municipal Airport” to add a new BOULDER CITY, NV 89005 section adopting the Boulder City Municipal Airport Aviation Fuel

Dispensing, Handling, and Storage Standards WEBPAGE: WWW.BCNV.ORG ◄ ● ► Business Impact Statement: ◄ ● ► This action will not have a significant economic impact on business and will ACTING CITY MANAGER: not directly restrict the formation, operation, or expansion of a business. CMITYICHAEL MANAGER MAYS,: AICP A LFONSO NOYOLA, ICMA-CM ACTING CITY ATTORNEY: Action Requested: CBRITTANYITY ATTORNEY LEE W: ALKER, ESQ. That the City Council introduce Bill No. 1895 as shown in Exhibit A. S TEVEN L. MORRIS, ESQ A CTING CITY CLERK: TCAMIITY CMLERKCKAY: Overview: LORENE KRUMM, MMC, CPO • The City has been evaluating implementation of fueling standards at the ADMINISTRATIVE SERVICES DIRECTOR: ADMINISTRATIVE SERVICES DIRECTOR: Boulder City Municipal Airport for Aviation Fuel Dispensing, Handling, and BRYCE BOLDT BRYCE BOLDT Storage Standards (fueling standards).

COMMUNITY DEVELOPMENT DIRECTOR: • During this time, the fueling standards were reviewed by regulating agencies MICHAEL MAYS, AICP MICHAEL MAYS, AICP including the City Council, Airport Advisory Committee, and the Airport’s

PUBLIC WORKS DIRECTOR: Commercial Operators. KEEGAN LITTRELL, P.E. • The draft fueling standards for consideration reflects guidance provided by the City Council during their review on April 21, 2020, as well as incorporate UTILITIES DIRECTOR: DENNIS PORTER, P.E. comments from fixed based operators from a working group held March 10, 2021. POLICE CHIEF: POLICE CHIEF: TIM SHEA

Background Information: FIRE CHIEF: FIRE CHIEF: In early 2019, Aeroplex, airport consultants, recommended an update to the WILLIAM GRAY, CFO WILL GRAY Airport Rules and Minimum Standards (“Minimum Standards”) to contain

FINANCE DIRECTOR: information related to fuel storage and dispensing, etc. Aeroplex further advised FINANCE DIRECTOR: DIANE PELLETIER, CPA DIANE PELLETIER, CPA P ARKS & RECREATION DIRECTOR RPARKSOGER &H ALLRECREATION DIRECTOR ROGER HALL 75 that if staff was not able to update the Minimum Standards, they should consider drafting a fueling standards document to expand on information already contained in the Minimum Standards and address applicable industry standard regulation for fuel dispensing, handling, and storage for airports.

Staff began development of the new fueling standards using examples from similar airports in Nevada and Arizona as a base, which was modified extensively to meet the needs of the Boulder City Municipal Airport and be complimentary to the currently adopted Airport Rules and Minimum Standards.

Several references were utilized during the development of these standards. These include but were not limited to: o FAA Advisory Circulars, Orders, and Grant Assurances o Industry Standards including ATA 103 o National Fire Protection Association (NFPA 30, 407, 410, etc.) o International Fire Code

Over the course of developing the fueling standards, a group of professionals were consulted, included: o Federal Aviation Administration Airports District Office o Aeroplex Group Partners (aviation consultant) o Fisher Engineering (fuel and fire protection consultant) o 3 Attorneys o 2 Fire Chiefs o Fire Inspector o 2 Airport Managers o Assistant Airport Manager o 3 commercial tenants at the Boulder City Airport

At the April 21, 2020 City Council Special Meeting, City Council chose not to adopt the Fuel Standards, and directed staff to consult with the Airport Advisory Committee (AAC) for recommendations.

On May 5, 2020, per City Council direction staff brought the draft fueling standards to the Airport Advisory Committee. The AAC’s recommendation to City Council was to create a working group. A motion was passed recommending to City Council that staff or City Council form a working group.

On May 19, 2020, City Council evaluated information and recommendations from the AAC. City Council did not make a motion in support of the AAC recommendation.

Staff continued to review and develop these standards based on feedback from the City Council, and additionally conferred with: o Nevada State Aviation Department o Kimley Horn and Associates (for engineering data and weight capability of airport pavements) o Aeroplex Group Partners (aviation consultant) (additional review) o National Air Transportation Association (NATA) (leader in aviation industry best practices) o EPIC Fuels (operations, risk manager, aviation fuel supplier, technical rep, compliance)

76 The proposed Boulder City Municipal Airport Aviation Fuel Dispensing Handling & Storage Standards (fueling standards), attached as Exhibit B, largely incorporate what is already required of airport fuel service providers by various federal regulations and industry standards, but in a manner that is easy to understand and follow for all parties. In addition, these Standards provide Boulder City Airport Management with the tools needed to monitor the fuel services being provided and ensure fuel service is being provided safely and in accordance with applicable rules and requirements. These fueling standards accomplish this objective by creating permits that the Airport Manager is authorized to suspend or revoke if violations take place, and by clarifying the Airport Manager’s and other City officials’ authority, subject to oversight by the City Council.

These fueling standards create the following permit categories: o Fuel vendor – for FBOs or other commercial operators who wish to engage in selling and dispensing aviation fuel. o Mobile refueler – required for each mobile refueling vehicle. • Mobile refuelers are defined as “a mobile tender type vehicle having a cargo tank permanently attached to the truck frame and designed for or used in the transportation and transfer or dispensing of fuel into or from an aircraft while on the Airport.” • These standards will require each of these trucks to have permits before entering the Airport Operating Area and will require the trucks to receive fuel from fixed storage fuel systems such as the fuel farm, or an FBO operated fixed storage system. • These standards also put a process in place when mobile refuelers are leaky or need maintenance. o Fuel storage system permit – Required prior to the FBO installing a storage system pursuant to an agreement with the City. o Fuel distributor permit – authorizes the petroleum product companies to deliver fuel to fixed fuel storage systems at the airport after submitting an application and paying applicable fees.

These fueling standards also promulgate detailed requirements for: o Training o Where fueling can and cannot occur o Fuel equipment o Spill response, reporting, and prevention o Quality control & annual inspections o Auditing

The revised fueling standards were sent to the commercial operators at Boulder City, and on March 10, 2021, City Staff held a workshop on the standards with the commercial tenants. Comments that were addressed were: o Allowing emergency transport flights to leave a non-ambulatory patient on the aircraft while refueling. o Adding a section for non-commercial self-fueling. o Adding a time-frame in which permits must be issued. o Allowing more time to repair nonoperational mobile refuelers. o Clarifying the wording in Section 4.5 E regarding when hot refueling is allowed.

77 • Clarified that the Airport lists FBOs’ mobile refueler on our plan, but each FBO must still maintain an SPCCP. In addition, during the March 10th workshop there was question as to whether mobile refuelers often use a fixed-cab across airports. Aeroplex provided comments from several experienced FBO Area Directors that oversee multiple regions who indicated that by far the most common mobile refueler used by fuel venders is a truck with a fixed-cab. This mobile refueler permit requirement in the fueling standards only applies to fuel vendors. Those using a mobile refueler for self-fueling would not be required to obtain a permit and may use a mobile refueler without a permanently fixed cab.

Financial: There is no impact to the Airport Fund.

Boulder City Strategic Plan Goal: Goal A. Achieve Prudent Financial Stewardship by adopting and integrating best practices into department’s programs and operations.

Department Recommendation: The airport staff respectfully requests that the City Council introduce Bill No. 1895.

Attachment: Exhibit A: Bill No. 1895 Exhibit B: Boulder City Municipal Airport Aviation Fuel Dispensing, Handling, and Storage Standards

78 Bill No. 1895 Introduced by: ______

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF BOULDER CITY AMENDING THE BOULDER CITY MUNICIPAL CODE TITLE 9, “PUBLIC WAYS AND PROPERTY,” CHAPTER 4, “MUNICIPAL AIRPORT,” TO ADD SECTION 9-4-8, “BOULDER CITY MUNICIPAL AIRPORT AVIATION FUEL DISPENSING HANDLING AND STORAGE STANDARDS,” TO ADOPT STANDARDS GOVERNING THE DISPENSING, HANDLING, AND STORAGE OF FUEL AT BOULDER CITY AIRPORT; AND OTHER MATTERS PROPERLY RELATED THERETO.

THE CITY COUNCIL OF BOULDER CITY DO ORDAIN:

Section 1. Boulder City, Nevada, does by this Ordinance hereby amend Boulder City Municipal Code, Title 9, “Public Ways And Property,” Chapter 4, “Municipal Airport,” to add Section 9-4-8, “Boulder City Municipal Airport Aviation Fuel Dispensing Handling And Storage Standards,” to adopt standards governing the dispensing, handling, and storage of fuel at Boulder City Airport as shown on Exhibit A.

Section 2. VALIDITY. Each section and each provision or requirement of any section of this ordinance shall be considered separable and the invalidity of any portion shall not affect the validity or enforceability of any other portion.

Section 3. PUBLICATION. The City Clerk shall cause this Ordinance to be published in summary on ______in the Las Vegas Review Journal, a daily newspaper published in Las Vegas, Nevada.

Section 4. EFFECTIVE. This Ordinance shall become effective the _____ day of ______, 2021

DATED and APPROVED this ___ day of ______, 2021.

______Kiernan McManus, Mayor

ATTEST:

______Tami McKay, Acting City Clerk

79 Bill No. 1895 Introduced by: ______

The foregoing Ordinance was first proposed and read by title to the City Council on the ______, which was a regular meeting; thereafter, on the ______, a regular meeting was held and the proposed Ordinance was adopted by the following vote:

VOTING AYE: ______

VOTING NAY: ______

ABSENT: ______

DATED and APPROVED this ___ day of ______, 2021.

______Kiernan McManus, Mayor

ATTEST:

______Tami McKay, Acting City Clerk

80 Exhibit A to Bill 1895

EXHIBIT A EXPLANATION: Bold underlined text is new; bracketed and stricken [--] text is to be repealed. 9-4-8. - AIRPORT FUEL STANDARDS. A document entitled “Boulder City Municipal Airport Aviation Fuel Dispensing Handling and Storage Standards,” is hereby created and adopted as shown in Exhibit 1 attached to the ordinance codified herein.

Boulder City Municipal Airport Aviation Fuel Dispensing Handling & Storage Standards

Effective Date: TBD

Table of Contents Table of Contents ...... 1 1 General ...... 3 Purpose ...... 3 Authority ...... 4 Effective Date ...... 4 Regulatory Measures ...... 4 2 Fuel Handling, Dispensing & Storage Standards ...... 4 Permits ...... 4 Fuel Vendor Permit ...... 5 Mobile Refueler Permit ...... 5 Fuel Storage System Permit ...... 5 Fuel Distributor Permit ...... 5 Non-Commercial Self-Fueling Permit ...... 5 Fueling Agent Training ...... 6 Training Syllabus ...... 6 Training Confirmation ...... 6 Fire Extinguisher Training ...... 6 Airport Fuel Cards ...... 6 Fuel Dispensing Equipment ...... 7 Equipment Standards ...... 7 Quality Control ...... 7 Sample Retention – Aircraft Mishaps ...... 8 Inspections ...... 8 Defueling & Aircraft Fuel Maintenance Equipment ...... 8 Fuel Spill Prevention, Response and Reporting ...... 8 Spill Prevention Countermeasures and Control Plan (SPCCP) ...... 8 Spill Response Materials ...... 9 Reporting Fuel Spills ...... 9 Fuel Flowage Fee ...... 9 Records ...... 9 Payment ...... 10 Audits ...... 10 3 Mobile Refuelers ...... 10 Permits ...... 10 Inspections and Repairs ...... 10 Parking ...... 11 1

4 Fuel Safety Standards ...... 11 Fire Regulations ...... 11 Positioning of Fuel Service Equipment ...... 12 Aircraft Fueling Hoses & Nozzles: ...... 12 Truck to Truck Transfer / Top Loading ...... 13 Prohibited Operations ...... 13 Ground Support Equipment (GSE) Fueling: ...... 14 5 Fuel Distributor ...... 14 Application Requirements...... 14 Fees ...... 14 Audits ...... 15 6 Non-Commercial Self-Fueling ...... 15 7 Enforcement ...... 16 Authority ...... 16 Violations ...... 16 Appeal ...... 17 Airport Permit Review Board ...... 17 Request for Appeal...... 17 Notice of Hearing ...... 17 Hearing Procedure...... 17 Review by the City Council of Boulder City ...... 18 Request for Review ...... 18 Notice of Meeting ...... 18 Standard of Review ...... 18 Decision ...... 18 8 Appendix A – Glossary ...... 19 9 Appendix B – Forms Index ...... 21 Fuel Vendor and Mobile Refueling Vehicle Permit Application ...... 21 Monthly Fuel Flow Report ...... 22 Fuel Storage, Handling, & Dispensing Equipment Inspection Form ...... 23 Annual Tenant Fueling Agent Training Confirmation Letter Template ...... 24 Non-Commercial Self Fueling Permit Application ...... 25 10 Appendix C – References ...... 26 11 Appendix D –Fuel Distributer Permit ...... 27

1 General Boulder City Municipal Airport (Airport) located in Boulder City, Nevada is owned by the City of Boulder City (City). The Airport is a general aviation facility serving Boulder City, Nevada, and the surrounding communities. Pilots and passengers use the Airport for personal, business, corporate, and recreational flying activities. Aeronautical services such as sightseeing tours, charter flights, parachuting, flight training, and medically related air transport are also available.

The Airport, aside from offering the community aviation related business, and economic services and benefits in the form of jobs and as a part of the regional air transportation system, is a symbol of pride to Boulder City. The Airport is committed to moving forward in the 21st Century by effectively managing its growth to maximize its benefits1 within the City’s larger community vision.

The City Council, representing the residents of Boulder City, Nevada, supports the Airport and its activities to ensure its viability so that it will continue to safely, efficiently, and adequately serve the local and regional air transportation needs of all who use and rely on its services.

The City as the owner of the Airport and is commonly referred to as the Airport sponsor.1 The Airport operates as a self-sustaining enterprise fund, is a part of the National Plan of Integrated Airport Systems (NPIAS) and is eligible for Federal Funding under the Airport Improvement Program (AIP). As the Airport receives Federal Funding under the AIP program, it agrees to certain obligations or assurances or commonly referred to as grant assurances.2 These obligations require the recipients, Airport sponsor, impose conditions that ensure safe and efficient operation of the airport in accordance with Federal Aviation Administration (FAA) guidance when available.3 Since the Airport received AIP grant funding the sponsor is required to comply with applicable federal laws, regulations, executive orders, policies, guidelines and requirements.4 Nationally, Airport sponsors establish rules, regulations to operate and manage the Airport within recognized industry best practices, aligning with federal guidelines, and that best assures the sponsor for the safe and efficient operation of its Airport.

Purpose The Airport Manager has developed these Aviation Fuel Dispensing, Handling, and Storage Standards (Standards) to fairly and equally enforce the Airport Rules and Minimum Standards as adopted by the City Council.

The purpose of these Standards is to provide a consolidated fuel safety reference document for all Airport occupants to refer to for all fuel storage, handling, training and dispensing regulatory measures. Fuel quality is and fire are significant concerns associated with the storage, dispensing, and handling of aviation fuel, and it is imperative that all Airport employees, fixed base operators (FBO) and commercial operators, fuel distributors, and delivery companies adhere to the highest standards with regard to aviation fuel services.

The FAA recommends that all airports develop aircraft fuel storage, handling, training and dispensing standards even if they are not a certificated airport.5 The Standards have been developed as an addition to the Airport Rules and Minimum Standards and apply to all fuel

1 Airport sponsor is defined as public agency or tax-supported organization that is authorized to own and operate the airport, to obtain property interests, to obtain funds, and to be able to meet all applicable requirements of current laws and regulations both legally and financially. 2 FAA Grant Assurances: https://www.faa.gov/airports/aip/grant_assurances/ 3 FAA Airport Compliance Manual, Order 5190.6B, 10.2.b Page 10-1 4 FAA Grant Assurances: https://www.faa.gov/airports/aip/grant_assurances/ Section C.1 5 FAA Advisory Circular 150/5230-4B page 1 part 3 3

related activities on the Airport.

Authority The Airport Manager has the responsibility to fairly and equally enforce these regulations and standards.6 The Airport Manager may delegate all or part of this authority at their discretion, or as specified herein.

Effective Date These Standards go into effect following passage and approval by the City Council of Boulder City, and any operator currently conducting any activities identified in these Standards will have thirty (30) days to respond in writing to the Airport Manager providing an outline with milestone dates as to how they will comply with the Standards within ninety (90) days of the effective date. Any new operator is required to have plans in place to be fully compliant within thirty (30) days of the beginning of their fuel related operations.

Regulatory Measures Aviation fuel and oil sales or services are required to conform to all Regulatory Measures and industry standards pertaining to the safe storage and handling of fuel including, but not limited to: ❖ Most recent adopted fire codes of the City of Boulder City ❖ National Fire Protection Association (NFPA) 407 Standard for Aircraft Fuel Servicing https://www.nfpa.org/ ❖ American Society of Testing Materials (ASTM) D1655, D910, and Manual 5 ‘Aviation Fuel Quality Control Procedures https://www.astm.org/ ❖ American Petroleum Institute (API) https://www.api.org/ ❖ Air Transport Association (ATA) Specification 103 https://publications.airlines.org/CommerceProductDetail.aspx?Product=289 ❖ OBP35A-35C-Misfueling Prevention https://www.nata.aero/misfueling-prevention- program/misfueling-references ❖ OBP-36-DEF Handling and Contamination Prevention ❖ FAA Advisory Circular 150/5230-4B Aircraft Fuel Storage, Handling, Training, and Dispensing on Airports ❖ FAA Order 5190.6B (Compliance Manual) ❖ FAA Advisory Circular 150/5300 (Airport Design)

The above Regulatory Measures and industry standards may be updated, revised or changed from time to time; the most current version is applicable when referenced in these Standards. These Standards define the minimum requirements for the storage, dispensing and handling of aviation and other related fuel within authorized areas of the Air Operations Area (AOA) of the Boulder City Municipal Airport. These Regulatory Measures and industry standards are designed to promote: ❖ A safe environment for those persons engaging in aviation fuel activities ❖ Clean and dry fuel quality provided to customers at the airport ❖ Continued enhancement of aviation safety

2 Fuel Handling, Dispensing & Storage Standards Permits Aviation fuel and oil sales or services are required to conform to all Federal, State, County, and

6 Airport Rules and Minimum Standards Section 12.3 4

Airport sponsor requirements and fire codes pertaining to the safe storage and handling of fuel.7 Any FBO, commercial operator, pilot, tenant, or tenant organizations, personnel and equipment involved in the storage, dispensing and handling of aviation fuel must be authorized by the Airport.8 This authorization may require one or more of the permits listed in this section along with any permits required by the Boulder City Fire Department.

Permits set forth below must be issued to each and every qualified applicant within 10 business days. If a permit is denied the Airport Manager must notify the permit applicant of denial by sending a notice of denial. The notice of denial must include the reasons for denial and advise the permittee of the permittee’s right to appeal as set forth in section 7.3.

Fuel Vendor Permit This permit is required by any FBO or commercial operator wishing to engage in selling and dispensing aviation fuel to aircraft with trained Fueling Agents and the fuel vendor permittees are required to operate with permitted mobile refuelers.

Mobile Refueler Permit This permit is required for each mobile refueling vehicle owned or leased by a fuel vendor required to meet further requirements as outlined in section 3.

Fuel Storage System Permit This permit is required prior to an FBO installing a fuel storage system. This permit requires annual certification by the Airport. A. The FBO must have a written agreement with the City permitting the installation of fuel storage tanks within the leased boundary area. Fuel storage systems must be fixed and contain required safety and filtration devices per all applicable industry standards.9 B. The system will be required to have at least 10,000 gallons of storage for each type of fuel the FBO is required to provide.10 C. The storage system must be designed and installed meeting all applicable industry standards and all local permitting requirements.11 D. The storage system must include adequate fuel spill prevention features and containment capabilities, together with an approved fuel Spill Prevention Countermeasures and Control Plan (SPCCP).12

Fuel Distributor Permit This permit authorizes the petroleum product company to deliver fuel to a fixed fuel storage system at the Airport. Refer to section 5 of these Standards.

Non-Commercial Self-Fueling Permit This permit is required for self-fueling. Self-fueling is the dispensing of aviation fuels into fuel tanks of aircraft owned or operated by an authorized Airport tenant or based aircraft owner, using the tenant’s/owner’s equipment and employees. Refer to section 7 of these Standards. This permit is not required for general aviation pilots or crewmembers who may be fueling their

7 Boulder City Municipal Airport Rules and Minimum Standards Section 4.11; 4.11.4 8 Boulder City Municipal Airport Rules and Minimum Standards Section 4.11.8 9 Boulder City Municipal Airport Rules and Minimum Standards Section 4.11.8 10 Boulder City Municipal Airport Rules and Minimum Standards Section 4.11.8 11 Boulder City Municipal Airport Rules and Minimum Standards Section 4.11.3, 4.11.4 12 Boulder City Municipal Airport Rules and Minimum Standards Section 4.11.8 5

aircraft at authorized fixed, self-serve fuel facilities at the Airport.

Fueling Agent Training13 Fuel services must be administered by trained and authorized personnel using the proper safety equipment in the designated area with proper standard safety precautions.13 Safe handling of fuel must be in accordance with NFPA 407 and fuel quality must be in accordance to ASTM International Manual Aviation Fuel Quality Control Procedures 5th Edition. This ensures the safe storage and transportation of fuel and ensuring clean dry fuel is delivered to the aircraft.

A fuel vendor shall train each employee whose duties include monitoring the loading of mobile refuelers, checking fuel quality, providing into plane service, or driving a mobile refueler. The fueling agent shall renew his/her credentials every twenty-four (24) consecutive calendar months (CCM). Recurrent training must be the same training as the initial training course, and include any updated information or standards. The training syllabus shall be made available at the Airport Manager’s request. The training syllabus must contain the items outlined in section 2.2.1, but is not limited to these items.

Training Syllabus (1) Aviation Fuel Safety Course (ref. AC 150/5230-4B) (2) Fuel Quality Control (3) Hands-on Fire Extinguisher Training (4) Misfueling Prevention Training (5) Diesel Exhaust Fluid Contamination Prevention Training (6) SPCC Plan Training (7) Recurrent Training – to be completed every 24 CCM

Training Confirmation Fuel vendors are required to submit written confirmation once every 12 CCM verifying employees have been trained in compliance with section 2.2. This confirmation should be placed on company letterhead and utilize the Annual Tenant Fueling Agent Training Confirmation Letter Template, found in Appendix B.

Fire Extinguisher Training14 All Fueling Agents are required receive bi-annual hands-on training in the proper use of handheld fire extinguishers from their local fire department or other local qualified source. A statement or certificate of completion must be submitted along with the training confirmation letter.

Airport Fuel Cards Fuel vendors that obtain fuel from the Airport Fuel Farm will be issued Airport fuel cards, from the Airport Administration Office. These fuel cards will be issued to each fueling agents listed on the training confirmation letter from the fuel vendor(s). Fueling agents will be required to check out the fuel card and will be required to complete a proficiency check at the initial time of pickup.

Upon the termination or separation of a fueling agent from a fuel vendor (employer) the fuel card will be returned to the Airport Administration Office.

13 Boulder City Municipal Airport Rules and Minimum Standards Section 2.12.7 14 NFPA 407 4.2.7.4 6

Airport fuel cards that have already been issued to fueling agents will be verified against the training confirmation letter annually or upon implementation of these Standards.

Fuel Dispensing Equipment Equipment Standards Fuel vendors with fuel dispensing equipment (either fuel storage system or mobile refueler) are required to comply with and/or provide: A. Fuel dispensing equipment for the appropriate grades of fuel15 and meeting all applicable Regulatory Measures and industry standards for each type of fuel dispensed and the type of equipment16. (1) Aviation fuel storage tanks and related equipment must be fire-rated by Underwriter Laboratories (UL) and conform to the applicable requirements of NFPA 30. 17 (2) Those permitted and authorized to conduct aircraft fueling are responsible for the proper and safe operation of all fuel storage systems and for ensuring all items are inspected and maintained in a safe and operable condition at all times. (3) All fuel storage and fixed fueling cabinet equipment must be placarded in accordance with pertinent guidelines.18 In addition, instructions for fueling cabinet equipment use must be posted in close proximity to those cabinets. (4) Continuous public liability, property damage and chemical and environmental damage liability insurance with coverage limits established by the City, and/or meet or exceed industry standards, and/or specified in any lease agreement and/or the Airport’s Rules and Minimum Standards, whichever is greater. B. The safe storage and handling of fuel in conformance with Regulatory Measures and industry standards requirements for the safe storage and handling of fuel.19 C. Adequate bonding wires installed, frequently inspected and maintained on all fueling equipment, to reduce the hazards of static electricity.20 D. An adequate supply of properly located fire extinguishers and other precautions and/or equipment required by applicable fire codes.21 E. Contain safety fixtures and filtration systems to ensure adequate quality.22 F. Must include adequate fuel spill prevention and safety features. 23

Quality Control Fuel vendors shall regularly carry out fuel quality testing to ensure adequate quality because contamination of aviation fuel is an extremely hazardous situation.24 A comprehensive program of inspection and maintenance of equipment to ensure clean dry fuel is delivered to aviation customers.

Testing fuel quality is accomplished by visually inspecting a fuel sample. Fuel should be

15 Boulder City Municipal Airport Rules and Minimum Standards Section 4.11.1 16 Boulder City Municipal Airport Rules and Minimum Standards Section 4.11.3 17 NFPA 407 5.1.2.1 18 NFPA 407 5.1.11.4 19 Boulder City Municipal Airport Rules and Minimum Standards Section 4.11.1, 4.11.3 20 Boulder City Municipal Airport Rules and Minimum Standards Section 4.11.6; NFPA 407 4.2.5 21 Boulder City Municipal Airport Rules and Minimum Standards Section 4.11.7; NFPA 407 A.4.2.7.1 22 Boulder City Municipal Airport Rules and Minimum Standards Section 4.11.8 23 Boulder City Municipal Airport Rules and Minimum Standards Section 4.11.8 24 Boulder City Municipal Airport Rules and Minimum Standards Section 4.11.8 7

sumped daily and inspected using the clear, bright, and dry visual test: A. Clear: The fuel should be free of sediment or emulsion B. Bright: The fuel should be free of clouding or haze caused by fine water droplets C. Dry: The fuel should be consistent with no separate water layers

Sample Retention – Aircraft Mishaps Upon receiving any report of a mishap involving an aircraft that has received fuel at the Airport, the fuel vendor, upon learning such information shall immediately notify the Airport Manager’s office who will immediately quarantine the fuel service vehicle or equipment used to deliver that fuel. Upon receipt of satisfactory results after quarantine the vehicle may be returned to service by the Airport Manager.

Inspections The Airport Manager or designee and the City Fire Inspector will conduct sufficient announced and unannounced inspections25 of fuel storage and/or handling sites, fuel service equipment, personnel training records and written procedures to ensure full compliance. Inspections must be conducted not less than once every 12 CCM and be documented by a written report that must be maintained by the Airport Administration Office for a period of not less than 24 CCM. Copies of inspection reports must be provided to inspected organizations and other certified personnel within seven (7) working days of inspection completion.

Airport and Fire inspections may be conducted separately or at the same time.

Defueling & Aircraft Fuel Maintenance Equipment The fuel vendor performing defueling for either maintenance or weight and balance purposes must provide a defuel plan meeting industry standards.

Fuel Spill Prevention, Response and Reporting Fuel spill prevention is of utmost importance due to the associated environmental and fire safety hazards. Equipment must comply with all applicable design and operating standards, and must be free from leaks and malfunctioning equipment in order to avoid dangerous and costly circumstances. To prevent fuel spills, fuel may only be transferred using appropriate methods.

Spill Prevention Countermeasures and Control Plan (SPCCP)26 Each Fuel Storage Permit Holder must list each fuel distributer, vendor or mobile refueler that delivers or obtains fuel from their fuel storage facility in their SPCCP. In addition, each fuel vendor must have a SPCCP that conforms with Title 40 Code of Federal Regulations, Part 112 – Oil Pollution Prevention. All Airport fuel vendors and Distributers permitted and authorized to store, dispense or handle aviation or other fuel on or at the Airport, shall develop an SPCCP. This plan must take inventory of all fuel dispensing equipment that could present a fire or environmental hazard and describe the actions that will be taken to minimize those hazards and outline the spill response, cleanup, and disposal of hazardous materials should an incident occur. The following is required:

25 If inspection language is defined in a lease agreement the fuel vendor has with the City, then the lease agreement language must be used 26 Boulder City Municipal Airport Rules and Minimum Standards Section 4.11.8 8

A. Plan must be stamped by a civil engineer, unless specifically qualified for self- certification program. B. Copies of completed SPCCPs must be provided to the Airport Manager. C. The Airport Manager will review for compliance and maintain a file on record.

The fuel vendor may be required to have a discharge permit for certain activities that discharge stormwater to waters of the United States. In compliance with U.S. EPA regulations at 40 CFR § 122.26(b)(14), the Nevada Division of Environmental Protection (NDEP) has issued several General Permits for stormwater discharge. If applicable, a copy must be provided to the Airport Manager and maintain a file on record.

Spill Response Materials Fuel vendors must maintain spill kits that are contained within the refueling truck and additional supplies necessary to respond to a fuel spill. Fuel vendors with fixed fuel storage facilities are required to maintain spill kits necessary to respond to a fuel spill.

If a fuel spill occurs or is observed during aircraft fuel services, the equipment operator shall stop the fuel flowage, activate the emergency shut-off control, and immediately report the spill as provided below.

Reporting Fuel Spills The Boulder City Fire Department must be notified immediately (via 9-1-1) of a fuel spill that meets one or more of the following: A. Comprises 5-gallons or more; B. Covers an area extending 10-feet in any direction or an area of 50-square feet;27 C. Continues to flow; or D. Otherwise poses a hazard to persons or property.

During the corresponding Fire Department response, the tenant organizations and/or persons involved or witnessing the spill shall immediately notify the Airport Manager’s Office.

All fuel spills must be reported in writing to the Airport Manager within 48-hours of the initial spill occurrence. Reports must include the date, time and location of the spill; the cause and contributing circumstances; the persons involved (if any); and any actions taken. The Fire Department shall provide the Airport Manager a report on the spill event.

NOTE: Response of the Boulder City Fire Department and supporting units may subject organizations and individuals involved in the spill to the payment of fees for spill cleanup.

Fuel Flowage Fee For the privilege to dispense aircraft fuels, fuel vendors shall pay to the Airport a fuel flowage fee on all aircraft fuels sold or dispensed. The fee is applicable and is established in the current Airport Fee Schedule. If a fuel flowage fee is defined in a lease agreement with the City, then the rate in the lease agreement must be used.

Records Fuel vendor is required to keep true and accurate records and books of all fuel sales and

27 NFPA 407 4.2.3.5.7 9

dispensing into all aircraft28. Whether they are owned by the fuel vendor or others, fuel vendors shall submit to the Airport Manager statements of all fuel sales for the preceding calendar month in a form shown in Appendix D and with such detail as may be reasonably required by the Airport.

Payment Payment of the fuel flowage fee is due on the twentieth (20th) day of the month following that in which the aircraft fuels were supplied by fuel vendor and is delinquent and subject to a ten percent (10%) late payment penalty if paid after the thirtieth (30th) day of the month and every month after.

Audits The City of Boulder City has the right to perform scheduled and non-scheduled audits of all aviation fuel related activity and finances.

3 Mobile Refuelers A mobile refueler is a mobile tender type vehicle having a cargo tank permanently attached to the truck frame and designed for or used in the transportation and transfer or dispensing of fuel into or from an aircraft while on the Airport.

Mobile refueler vehicles must be operated by a FBO or a commercial operator with a Fuel Vendor Permit. Mobile refuelers may only provide fuel-dispensing services into aircraft in parking or tie down locations29 and must obtain fuel from a permitted fixed fuel storage system or the Airport Fuel Farm, and require approval from the Airport Manager prior to entering the Aircraft Operating Area (AOA). This permit is required along with any additional permits required by the Boulder City Fire Department.

Permits Permits will be issued annually for mobile refuelers. Airport Manager may renew the mobile refueler permit, after annual inspections have been accomplished and no discrepancies noted.

Inspections and Repairs Inspections are conducted not less than once every 12 CCM and be documented by a written report that is maintained by the Airport Administration Office for a period of not less than 24 CCM.

Mobile refuelers must not be operated unless they are in proper repair. Leaking vehicles must be removed from service and parked in a safe area with secondary containment until repaired.

Maintenance and servicing of aircraft fuel service vehicles and equipment may only be performed outdoors or in a building approved for such purpose.

Any mobile refueler requiring repair may be fixed on site for minor maintenance discrepancies but may not remain in a nonoperational condition for more than 14 days. After 14 days, the vehicle must be removed from the Airport.

All spills from a leak are handled as described in section 2.4.

28 Boulder City Municipal Airport Rules and Minimum Standards Section 4.11 29 As stated all commercial lease agreements under Exhibit C Section II.C.1 10

Parking The Airport Manager has sole discretion (within the scope of law and Boulder City Code) and as depicted in the Airport Master Plan and Airport Layout Plan, to approve and disapprove ramp parking and the location for the parking of all mobile refuelers operating on the airport.

Fuel vendors may designate parking areas for unattended mobile refuelers with the Airport Manager’s approval. Fuel Vendors may not park inactive mobile refuelers within the AOA. Inactive indicates that the mobile refueler has not been actively used in fueling operations for a period of one week or more. Fuel equipment of any type may not enter in or be parked inside hangars or buildings other than legally permitted maintenance facilities or garages. Vehicles must be parked in the following fashion: A. A minimum of 10-feet of clear space between parked vehicles for accessibility for fire control purposes; B. A minimum of 50-feet of clear space from any parked aircraft, hangars, paint/dope shops, fuel storage systems, or other critical installations; C. Prevention of any leakage from draining into an adjacent buildings or storm drains that are not suitable or designed to handle fuel; and D. For the efficient dispersal of the vehicles in the event of an emergency.

4 Fuel Safety Standards Appropriate training and equipment maintained in the manner set forth above significantly aid in avoiding unsafe practices. However, technical knowledge and appropriate tools must be used in conjunction with alertness and performing all tasks in a manner in accordance with applicable fire regulations and in compliance with the highest standards. Accordingly, the Boulder City Municipal Airport highlights the following additional fuel safety standards to ensure all fuel dispensing, handing, and storage meets the highest standard of safety.

Fire Regulations30 The following fire regulations apply, except where applicable fire or building codes differ, in which case the latter prevails. A. Fueling is done in such a manner and with such equipment that adequate connection for bonding31 the aircraft to the mobile refueler, is made prior to any fueling activity, and that aircraft bonding is continuously maintained during the fueling process. B. All appropriate fire codes and regulations prescribed by the State of Nevada and Boulder City must be adhered to. C. No person may smoke or ignite any matches, flares, lighters or other object that produces an open flame within one hundred (100) feet of an aircraft being fueled, any fueling truck or mobile refueler, or fueling facility. All fuel truck, mobile refueler or fuel facility operators must ensure that (1) proper and legal signs are installed to warn of the flammable fuel dangers, and (2) that all distances between the fuel truck or facility and open flames are enforced. D. All persons using the Airport area or facilities shall exercise the utmost care to guard against fire, accident, and injury to persons or property. E. Fuel services are only administered either by trained and authorized personnel using the proper safety equipment or by the aircraft operator in the designated area with proper standard safety precautions. F. No aircraft may be fueled or de-fueled while the aircraft engine is running, unless the

30 Boulder City Municipal Airport Rules and Minimum Standards Section 2.12 31 NFPA 407 4.2.5 11

Company’s FAA approved operating certificate provide specific authorization and the Company maintains insurance and hold harmless coverage for the City. This does not apply to use of APUs or other engines required for refueling operations. G. No aircraft may be fueled or de-fueled while the aircraft is in a hangar or other enclosed area. H. All aircraft fuel service vehicles, equipment and meters used in the sale of retail or contract fuel servicing must be certified annually by the Nevada Department of Weights and Measures. Certification reports must be retained for not less than 12 CCM. I. Fire extinguishers must be available on aircraft servicing ramps and/or aprons32: (1) Aircraft fuel servicing equipment must be equipped with at least two (2) UL-listed fire extinguishers, each having a minimum rating of 80B/C, with one extinguisher mounted on each side of the vehicle/equipment. (2) Ramp operations must have at least one wheeled extinguisher having a minimum listed rating of 80B/C provided at each gate or stand or at intervals of sixty meters (60m) or two hundred feet (200ft) along the length of aircraft ramp.

Positioning of Fuel Service Equipment A. Aircraft fuel servicing equipment must be positioned so that a clear path of egress from the aircraft for that equipment is maintained. B. The propulsion or pumping systems of aircraft fuel servicing equipment may not be positioned under the wing of an aircraft during over-wing fueling, or where aircraft fuel system vents are located on the upper wing surface or within ten (10) feet of aircraft fuel system vent openings. C. Parking brakes must be set on all aircraft fuel servicing vehicles before operators begin the fueling operation. D. Wheeled service equipment must have at least one of its wheels chocked during the entire fuel servicing operation. E. Electrical equipment, such as battery chargers and ground power units (GPU), may not be connected or disconnected during fuel servicing. Electric tools or similar tools likely to produce sparks or arcs may not be connected, operated, or disconnected while fuel servicing is being performed on any aircraft.

Aircraft Fueling Hoses & Nozzles: A. Selective fueling spouts should be used. If operations require round spouts or non- selective spouts, specific training should be provided to all fuel agents. B. Aircraft fueling hose must be inspected before use each day by extending it per normal aircraft fuel serving procedures. Any defective hose must be removed from service.33 C. At least once monthly, fueling hoses must be completely extended, pressurized and inspected. D. Nozzle screens must be inspected for rubber particles that may indicate possible deterioration of the hose interior. E. During fueling operations, the fueling vehicle must be adequately bonded to the aircraft or the loading rack. F. Upon completion of fuel operations, all hoses must be removed and properly stored. G. Fuel flow must be controlled by use of a Deadman Control device and the use of any means to defeat this control is prohibited. H. Bottom-Loading is the only permitted method for replenishing aircraft fuel service vehicle tanks, except as provided in section 4.4.

32 NFPA 407 4.2.7, 5.2.7 33 NFPA 407 4.2.9.5 12

I. Operators shall perform a pre-check of the vehicle tanks overfill or automatic high-level shut-off system during the commencement of tank filling operations to determine if the system is functioning properly. J. The operator shall immediately inform their supervisor of inoperative systems and shall remove the system from service until repaired.

Truck to Truck Transfer / Top Loading Truck to truck transfer and or top loading is only done in extraordinary or emergency circumstances with the explicit permission and direction of the Airport Manager and/or Fire Chief.34

Prohibited Operations Aviation fuel is highly volatile because it evaporates rapidly producing vapors that can be easily ignited. Additionally, vapors are heavier than air and are capable of traveling along the ground and finding an ignition source, such as a spark from a motor or static electric discharge. The movement of fuel, a highly flammable and combustible substance, causes the fuel to become electrostatically charged. If the electrostatic charge is sufficiently high, the fuel vapors may ignite causing a fire.

For these and other reasons, the items listed below are considered possible public safety concerns and are prohibited operations: A. Aircraft fuel and other related servicing personnel shall not carry lighters, matches or other ignition sources on their person while performing fuel servicing operations. B. Fueling operations shall not be conducted during periods of intense thunderstorm activity when lightning is within five miles of the Airport. C. No person shall operate a: (1) Radio transmitter or receiver or switch electrical appliances on or off in an aircraft, while it is being fueled or defueled. (2) Photographic, phone, and radio equipment within ten (10) feet of fuel servicing equipment, or the fill or vent points of aircraft fuel systems during fueling operations. D. Only approved and permitted aircraft mobile refuelers are allowed to engage in fueling on the Airport. The Airport Manager or his/her designee may grant exceptions in writing on a case by case basis. E. Aircraft hot refueling (when aircraft engines are operating) is prohibited, unless allowed by the Company’s FAA approved operating certificate and the Company maintains insurance and hold harmless coverage for the City. This does not apply to use of APUs or other engines required for refueling operations. F. Aircraft must not be fueled or defueled while passengers are onboard, unless the Company’s FAA approved operating certificate provides specific authorization and the Company maintains insurance and hold harmless coverage for the City. Requirements contained in NFPA 407 4.2.11.2 must be complied with. G. Aircraft may not be fueled with non-ambulatory passengers onboard, except for patients aboard air medical aircraft. H. Persons other than those engaged in fueling, servicing and operation of an aircraft must not be permitted within fifty (50) feet of such aircraft. I. Aircraft must not be fueled or defueled while inside any building or structure. J. Fuel vehicles must be loaded only at an approved loading rack or fixed fuel storage

34 NFPA 407, 4.2.3.6, 6.2.11.10; see also ATA Spec 103, 2-9 Refueling Truck Loading, Caution (“IT IS NOT ACCEPTABLE TO TRANSFER FUEL FROM A TRANSPORT TRUCK INTO A REFEULING TRUCK.”) 13

facility on the Airport. K. Fuel vehicles and equipment must not be operated on a taxiway or runway at any time without prior written permission from the Airport Manager or permitted through the Airport Ground Vehicle Operations Program. L. Fuel vehicles and equipment must not be driven or parked on unpaved surfaces.

Ground Support Equipment (GSE) Fueling: All approved fuel vendors operating on the Airport must fuel their mobile refuelers gasoline or diesel tanks. If legally permissible, they are permitted to leave the Airport to go to a gas station or they may use Airport-permitted, company owned portable gasoline or diesel storage tanks with a maximum a tank capacity of 500 gallons and must meet all applicable industry standards. All tank systems and locations must be approved by the Airport Manager and/or Fire Chief.

5 Fuel Distributor

A Fuel Distributor Permit authorizes petroleum product delivery companies to deliver by tanker truck and trailer, fuel to fixed fuel storage facilities located at the Airport. This permit is a non-exclusive right to provide fuel delivery services to the Airport. This permit is issued by the Airport and any company providing fuel delivery services to the fuel storage facility (or facilities) located on the Airport. The following requirements and references in Appendix D, are to assist in obtaining a permit. This permit is required along with any additional permits required by the Boulder City Fire Department. Other requirements, may be needed for review by the Fire Department, Southern Nevada Health District, etc., to complete the permit process. Application Requirements A. Letter of Intent – On applicant’s company letterhead, providing the following information. B. Verification Letter(s) – A letter on company letterhead from the Airport and/or each fixed based operator that is contracted with the fuel company, confirming the following information. C. Contact Information Form – Complete form and enclose with submission. D. NV Business Identification and City of Boulder City Business License – Provide a copy of applicant’s business identification number/certificate for the state of Nevada and City of Boulder City. E. A copy of applicant business entity’s Articles of Incorporation, Limited Liability Partnership, Limited Liability Corporation or Sole Proprietorship documentation is required, documenting the legal name. For “Doing Business As” (DBA) a copy of the Fictitious Business Name Statement is also required. Out of state documentation is acceptable. F. Insurance – Must be approved by the Airport and City of Boulder City. The City will determine the appropriate insurance coverage based on risk analysis and industry standards. Fees All fuels, including Jet-A, Avgas, and other liquid and alternative energy, are charged a delivery and or storage fee at the Boulder City Airport. All permittees are required to report, every month, all aviation fuel delivered to Airport and/or tenants and submit the appropriate fees. Fees associated with the Fuel Distributer Permit will be calculated per the Airport Fee Schedule.

Annual Administrative Fee: Due at commencement of the permit, and annually on July 1st, regardless of if services have been 14

provided. Fuel delivered to and/or stored at the Airport: All Aviation Fuels: per gallon for all fuel delivered to or stored in a facility or activity on the Airport. All required documents must be submitted in person, by courier delivery, US Mail or email to the address listed below: In Person or Courier Delivery: or US Mail: Boulder City Municipal Airport City of Boulder City 1201 Airport Road, Suite 200 Attention: Airport Manager Boulder City, NV 89005 401 California Ave Boulder City, NV 89005

E-mail: [email protected] (a hard copy must also be forwarded)

Audits The City of Boulder City has the right to perform scheduled and non-scheduled audits of all aviation fuel related activity and finances.

6 Non-Commercial Self-Fueling A self-fueling permit authorizes the dispensing of aviation fuels into fuel tanks of aircraft owned or operated by an authorized Airport tenant or based aircraft owner, using the tenant’s/owner’s equipment and employees. This permit is required along with any additional permits required by the Boulder City Fire Department and Southern Nevada Health District.

The following procedures do not allow for, or apply to commercial fueling at the Airport, where someone other than the actual owner of the aircraft is providing a fueling service of any kind, as defined in these Standards, or other Airport policies and agreements. The owner/operator, conducting self- fueling may be assisted by another person during the self-refueling process so long as the other party is not compensated in any manner for assistance or supplies.

A method of self-dispensing Class I flammable liquids into a privately owned Aircraft is allowable. The Airport’s approved method requires the utilization of a Department of Transportation approved portable safety container, and for the activity to only be conducted by those persons authorized by the Airport Manager or designee that hold a current self-fueling permit with the Airport. The Airport will enforce the following safety precautions upon individuals who elect to self-fuel their Aircraft utilizing: A. Safety container(s) shall be adequately secured during transport on the Airport and smoking (fire or electronic) will not be allowed inside of, or within 50 feet of, the transport vehicle. B. Dispensing of fuel shall not be performed where the public is invited or where there is unusual exposure to life and property. C. Dispensing of fuel shall not be permitted within 25 feet of any building, any combustible material, or include any storage of Class I, II or III flammable or combustible liquids, and shall be conducted at least 25 feet from any opening in a building, property line, street, alley or public way. D. Dispensing of fuel may be gravity-fed using 5-gallon capacity or less safety containers, with other full or empty containers stored at least 15 feet from the dispensing area, or with a refuel vehicle/tank and pump unit that meets the requirements in section 4.5. E. Smoking, open flame or other sources of ignition shall be prohibited within 50 feet of the dispensing area. 15

F. Empty flammable liquid safety containers shall be treated as if they were full, until they are purged of flammable vapors by an approved method. G. An approved industry certified portable fire extinguisher, having a minimum classification of 40- B, shall be staged and within 50 feet of the self-fueling dispensing operation for the extinguishment of any fire. H. An approved industry certified means shall be on site and maintained, to control and recover spilled fuel, such as an approved industry certified absorbent material. All such material shall be promptly and thoroughly cleaned up by the person fueling. All contaminated absorbent material will be considered hazardous waste and must be disposed of in accordance with Local, State and Federal laws, and at no time should any hazardous material be left on Airport property. I. Any person conducting self-fueling shall not store fuel in excess of 10 gallons in a Department of Transportation approved industry certified portable safety container at the Airport. J. Fuel may not be stored in hangars. K. Vehicles transporting fuels must be properly marked with Department of Transportation labeling, and shall not be parked inside hangars. L. Any individuals, persons or entities conducting self-fueling must maintain the Airport’s minimum insurance policy limits, demonstrating general liability insurance with coverage limits established by the City, and/or meet or exceed industry standards and listing the City of Boulder City as additionally insured.

7 Enforcement

Authority The Airport Manager, Fire Chief (for applicable fire codes), or designee, has the authority to enforce these standards and the application of Permits, as outlined herein in section 2.1, upon the following operations: ❖ Airport employees whose work involves the storage, dispensing and handling of aviation and other fuel; ❖ Fixed base operators (FBO) and commercial operators who perform aircraft fuel servicing functions; and ❖ Fuel Distributors, and delivery companies, of the petroleum product.

Violations Violations of any Standards, policy, procedure or Regulatory Measure contained herein, whether specified or implied by reference, may subject permit holders or airport employees to issuance of a notice of violation by the Airport Manager, Fire Chief (for applicable fire codes) or their designee; including up to suspension or revocation of any permits or privileges. In addition, equipment, if found to be unsafe or improper for use, is required to be removed from service until corrective action is accomplished. A notice of violation must list the specific violation and cite to the governing Standard, policy, procedure, or regulation that applies.

Upon receipt of the first notice of violation, the permit holder shall take action within three (3) business days to correct the citation or violation. If circumstances preclude taking immediate corrective action, permit holder shall report such, in writing, to the Airport Manager, Fire Chief or their designee within the three (3) business days with a detailed timeline on when corrective action will be taken.

If a permittee fails to take corrective action required to be in compliance with any Standards, policy, procedure or Regulatory Measure contained herein the Airport Manager may suspend or

revoke the permit by issuing a notice of suspension or revocation. The Airport Manager must include the reasons for suspension or revocation and advise the permittee of the permittee’s right to appeal as set forth in section 7.3 in the notice of suspension or revocation. Upon suspension or revocation, the permittee shall cease and desist all permitted activities.

Appeal Once issued, a permit may only be suspended or revoked if there is first a Notice of Violation, and a failure to take corrective action on the part of the permittee that results in a danger or hazard at the Airport. Due to the extremely hazardous nature of aviation fuel handling, dispensing, and storage, the Airport Manager or Fire Chief must be afforded the authority to act quickly in the event there is a safety hazard at the Airport that jeopardizes life or property. However, in order to ensure due process, permittees will be afforded an expedient appeal of any permit denial, suspension, or revocation.

Airport Permit Review Board The Airport Permit Review Board consists of the Finance Director, the City Attorney, and the Fire Chief, or their designee. Request for Appeal A person may appeal a permit denial, suspension, or revocation by submitting written request for appeal within ten (10) business days of the notice of denial, suspension, or revocation to the Airport Permit Review Board, to the attention of the City Clerk at 401 California Avenue Boulder City, Nevada 89005. Upon receipt of a written request for appeal, the City Clerk shall schedule a hearing of the Airport Permit Review Board as soon as practicable but no later than forty-five (45) calendar days after receipt of the request, unless otherwise agreed to by both the aggrieved person and the Airport Permit Review Board. Notice of such a hearing must be given to the affected person by personal service or certified mail to the last known address as set forth in NRS 241.033. A person may request expedited appeal by providing a waiver of the notice requirements set forth in NRS 241.033, and in such case the appeal must be scheduled within ten (10) business days, unless otherwise agreed to by both the aggrieved person and the Airport Permit Review Board. Notice of Hearing The notice of hearing must include the time and place for hearing, the reasons for hearing, and a statement advising the aggrieved person that the person may bring any documents or supporting evidence for consideration to change, modify, or rescind any recommendation or order. Hearing Procedure The Airport Permit Review Board hearings will be conducted as a public meeting. The Airport Permit Review Board will not be bound by the technical rules of evidence in conducting such hearings. The burden of proof is on the party appealing the denial, suspension or revocation. The decision of the Airport Permit Review Board must be rendered in writing on a form to be prescribed by the City Attorney within ten (10) business days of the hearing’s conclusion and must affirm, modify, or reverse the denial, suspension or revocation.

Review by the City Council of Boulder City Should a permittee be aggrieved by a decision of the Airport Permit Review Board, the permittee may request review of the City Council of Boulder City.

Request for Review Any person aggrieved by any decision of the Airport Permit Review Board has the right to request review by the City Council by filing a written request with the City Clerk within ten (10) business days after receipt of notice of the decision rendered by the Airport Permit Review Board. Such request for review must set out a copy of the order or decision appealed from and include a statement of the facts relied upon to avoid such order.

Notice of Meeting The City Clerk shall schedule the decision review for a regularly scheduled City Council meeting occurring within ninety (90) calendar days from receipt of the request for review. The City Clerk shall send twenty-one (21) working days’ notice to the appellant via certified mail informing the appellant of time and place for the meeting during which the City Council will review the appeal decision. The City Clerk shall also give such notice in a form and manner to be prescribed by the City to the Airport Manager and Airport Permit Review Board and such Board is entitled to appear and defend such order. Standard of Review The decision of the Airport Permit Review Board must be upheld unless the City Council finds the decision to be arbitrary or capricious. Decision The City Attorney must prepare a written decision of the City Council and provide copies of such decision to all parties within ten (10) business days of the meeting of the City Council to review the decision of the Airport Permit Review Board indicating whether the decision is affirmed or reversed. The decision of the City Council is final and conclusive.

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8 Appendix A – Glossary Aircraft Fuel Servicing: The transfer of fuel into an aircraft. Aircraft: A vehicle designed for flight that is powered by liquid petroleum fuel. Aircraft Operating Area: Any area of the Airport used or intended to be used for landing, takeoff, or the surface maneuvering of aircraft. The AOA includes, but is not necessarily limited to runways, taxiways, taxi-lanes, safety areas, aprons, ramps, and any other aircraft parking areas. Airport Fuel Cards: The method in which fuel vendors purchase fuel from the Airport Fuel Farm. Airport Fuel Farm (or Facility): The fuel storage facility owned by the Airport. See also Fuel Storage System. Airport Rules and Minimum Standards: The City of Boulder City Municipal Airport has established Airport Rules and Minimum Standards. This document is adopted by City Council and may be amended from time to time. Airport: Boulder City Municipal Airport, Nevada owned and operated by the City of Boulder City, Nevada. Approved: Acceptable to Airport. As evidenced by written approval signed by the Airport Manger or his/her designee. Aviation Fuel: Any petroleum fuel designed for and used by aircraft engines. Bonding: is the process of connecting two or more conductive objects together by means of a conductor connected to establish electrical continuity and conductivity. Deadman Control: A device that requires a positive continuing action of a person to allow the flow of fuel. Fire Chief: The designated authority charged with the administration and enforcement of the fire code, or a duly authorized representative. Fixed Base Operator (FBO): Common title for aviation fuel vendors at Airports. Fuel Agent: Are employees of fuel vendors and trained and authorized personnel using the proper safety equipment in the designated area with proper standard safety precautions to handle fuel on the Airport.

Fuel Dispensing Equipment: Any fuel storage system or mobile refueler vehicle. Fuel Storage System: An arrangement of fixed aviation fuel storage tanks, pumps, piping and associated equipment, such as filters, water separators installed and operating at an Airport. Fuel Vendor: An entity engaged in selling and dispensing aviation fuel to aircraft. Fueling Operation: The dispensing of aviation fuel. Mobile Refueler: A mobile tender type vehicle having a cargo tank permanently attached to the truck frame and designed for or used in the transportation and transfer or dispensing of fuel into or from an aircraft while on the Airport. Must: Indicates a mandatory requirement. Notice of Denial: A written document noticing a permit applicant that the permit application has not been approved and citing the reasons for denial. Notice of Revocation: A written document issued after a notice of violation noticing a permittee that the permit has been revoked, and citing the reasons for revocation.

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Notice of Suspension: A written document issued after a notice of violation noticing a permittee that the permit has been suspended, citing the reasons for suspension, and the specifying the duration of the suspension. Notice of Violation: A written document evidencing a violation of these Standards. Jet A: is a clear straw-colored fuel Regulatory Measures: All applicable federal, state, and local laws, rules, policies, regulations, and Airport standards, as may be in existence, hereafter enacted, renamed, and amended from time to time.

Self-fueling – the dispensing of aviation fuels into fuel tanks of aircraft that are owned or operated by an authorized Airport tenant or based aircraft owner, using the tenant’s/owner’s fueling equipment and employees.

Shall: Indicates a mandatory requirement. Should: Indicates a recommendation or that which is advised, but not mandatory.

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9 Appendix B – Forms Index Fuel Vendor and Mobile Refueling Vehicle Permit Application

103

Monthly Fuel Flow Report

104

Fuel Storage, Handling, & Dispensing Equipment Inspection Form

105

Annual Tenant Fueling Agent Training Confirmation Letter Template

Company Letterhead

To: Boulder City Municipal Airport 1201 Airport Road Suite 200 Boulder City, NV 89005

From: ABC Flying FBO

RE: Annual Training Verification Letter

Date: DATE of submission

The following personnel are fuel safety supervisor(s) and have successfully completed FAA Safety Supervisor Course (AC 150/5230-4(series)) and Hands on Fire Extinguisher Training. A copy of their training certificate(s), and documented Supervisor and Line Service Fire Training is attached. Fuel Safety Supervisor FAA Approved Fuel Hands-On Fire Safety Supervisor Course Extinguisher Training Last Name, First Name Completion Date Completion Date

The following personnel are line service employees and have successfully completed on the job training by a fuel safety supervisor on fire and line service fuel safety. Line Service Employee Line Service Fuel Fire Safety Safety Date Supervisor Date Supervisor Last Name, First Name Initials Initials

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Non-Commercial Self-Fueling Permit Application

Non-Commercial Self Fueling Permit Application

Tenant Name: Application Date:

Tenant Airport Location:

Tenant Owned Aircraft Tail Number:

 Attach copy of the FAA registration showing Tenant as owner of aircraft. *If aircraft is leased, lease paperwork must be attached showing tenant as lease of aircraft. *If aircraft is in a Partnership, Corporation, or LLC; paperwork showing all named individuals from the incorporation from a licensing agency.

 Type of D.O.T. approve containers that will be utilized during self-fueling. Provide documentation, pictures, etc.  Spilled fuel procedures and product used in cleanup.  Sign Hold Harmless Agreement with City for Non-Commercial Self-Fueling  Insurance policy general liability for $1,000,000

Tenant Signature:

Airport Review Notes:

 Aircraft Registration/Ownership Documents Received  Hold Harmless Signed  Insurance Policy Received

Airport Follow-up Items:

Airport Manager Approval:

Date Approved:

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10 Appendix C – References Organizations and personnel affected by these guidelines and the underlying reference documents are encouraged to familiarize themselves with those references.

FEDERAL AVIATION ADMINISTRATION (FAA) • AC 150/5230-4 Aircraft Fuel Storage, Handling and Dispensing on Airports https://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.current/docum entNumber/150_5230-4/ • FAA Order 5190.6B Compliance Manual https://www.faa.gov/airports/resources/publications/orders/compliance_5190_6/

INDUSTRY STANDARDS • Air Transportation Association: ATA 103 https://publications.airlines.org/CommerceProductDetail.aspx?Product=289 • OBP35A-35C-Misfueling Prevention https://www.nata.aero/misfueling-prevention- program/misfueling-references • OBP-36-DEF Handling and Contamination Prevention • American Society of Testing Materials (ASTM) D1655, D910, and Manual 5 ‘Aviation Fuel Quality Control Procedures https://www.astm.org/ • American Petroleum Institute (API) https://www.api.org/

ENVIRONMENTAL PROTECTION AGENCY • The Clean Water Act of 1977 • The Oil Pollution Act of 1990

NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) https://www.nfpa.org/ • Publication 10 Standards for Portable Fire Extinguishers • Publication 30 Flammable and Combustible Liquid Code • Publication 407 Standard for Aircraft Fuel Servicing • Publication 410 Standard on Aircraft Maintenance

CITY OF BOULDER CITY, NEVADA • Boulder City Code Chapter 9 • Boulder City Municipal Airport Rules and Minimum Standards

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11 Appendix D –Fuel Distributer Permit SAMPLE LETTER OF INTENT TEMPLATE (FOR FUEL DISTRIBUTER PERMIT) [Date] Boulder City Municipal Airport Attn: [Airport Manager] 1201 Airport Road Suite 200 Boulder City NV 89005

Subject: Letter of Intent

[Your Company Name] has been contracted by [Airport sponsoring Company (Companies), i.e. name of company (companies) who awarded you the contract]. The contract number(s) between [Your Company Name] and [Airport sponsoring Company Name(s)] is/are [00-0000-00000-00]. The contract(s) [began/is/are scheduled to begin] on [mm/dd/yyyy] and will terminate on [mm/dd/yyyy] (or, until cancellation by either party.)

We will provide fuel for the following airlines: • [List operators/entities/FBO(s) that are to receive fuel from your company. (Your list of operators/entities/FBO(s) should be corroborated by a matching list on the Letter of Verification from Airport or the fixed base operator[s] [FBO(s)]

We will provide fuel delivery services by the following method(s): • [Describe in detail, e.g., by truck, pipeline, etc.]

The fuel will be delivered to the following location(s): • [List ALL specific location(s) where the fuel will be provided. (e.g., terminals, ramps, fuel storage facilities, trucking facilities, pipeline, airfield area, etc., including postal addresses where appropriate). Justify why the company requires the desired/requested access (if applicable).]

We [require/do not require] pedestrian access to the Airport Operations Area (AOA) to provide fuel at BVU.

Vehicle access to the airfield [is/is not] required. Vehicles [are/are not] street licensed.

Our designated authorized signer(s) and certified trainer(s) [is/are] [name(s) of employee(s) and job title(s)].

Job titles for our employees include [list job titles (i.e. manager, foreman, technician, laborer, and driver)]. We are requesting [number of badges] badges.

If you require any additional information, please contact [name of employee(s) and job titles] at [phone number(s) and email address(es)].

Respectfully, [Name of Highest-Ranking Local Authority] [Title] [Phone Number]

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LETTER OF VERIFICATION TEMPLATE (FOR FUEL DISTRIBUTER PERMIT)

[Date] Boulder City Municipal Airport Attn: [Airport Manager] 1201 Airport Road Suite 200 Boulder City NV 89005

Subject: Letter of Verification

[Your Company Name] has contracted with [Name of fuel company awarded the contract]. The contract number between [Your Company Name] and [fuel delivery company] is [00-0000-00000-00]. The contract [began/is scheduled to begin] on [mm/dd/yyyy] and will terminate on [mm/dd/yyyy] (or, until cancellation by either party).

[Fuel delivery company] will provide fuel to the following operators/entities/FBO(s): • List operators/entities/FBO(s) that are to receive fuel from the contracted company.]

They will provide fuel delivery by the following method(s): • [Describe methods in detail, e.g. by truck, pipeline, etc.]

The fuel will be delivered to the following location(s) • [List ALL specific location(s) where the fuel will be provided. (e.g., terminals, ramps, fuel storage facilities, etc., including postal address where appropriate).]

Pedestrian access to the airfield [is/is not] required to deliver fuel under the contract.

Vehicle access to the airfield [is/is not] required. Vehicles [are/are not] street licensed.

If you require any additional information, please contact [name of employee(s) and job titles] at [phone number(s) and email address(es)].

Respectfully,

[Name of Highest-Ranking Local Authority] [Title] [Phone Number66666]

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Fuel Distributor Contact Information Form Corporate/Legal Name Business Name (DBA) Contact Information Corporate Contact: Title:

Mailing Address Telephone Fax

Email Local Manager Title: if different Local Address Telephone Fax Email Billing Contact Title

Billing Address Telephone Fax

Email Nevada Sate Business License # Boulder City Business License #

Send all Permit Correspondence to: Circle one: Corporate Local Manager Billing Contact

Operational Information Start Date: Description of methods by which fuel is to be delivered

List all companies that will perform into plane fueling on behalf of your company:

List facilities including leased premises where Airport access is required:

Will motor vehicles be utilized on non-public areas of the Airport? Yes / No

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Boulder City Municipal Airport Aviation Fuel Dispensing Handling & Storage Standards

Effective Date: TBD

112

113

4 Fuel Safety Standards ...... 11 Fire Regulations ...... 11 Positioning of Fuel Service Equipment ...... 12 Aircraft Fueling Hoses & Nozzles: ...... 12 Truck to Truck Transfer / Top Loading ...... 13 Prohibited Operations ...... 13 Ground Support Equipment (GSE) Fueling: ...... 14 5 Fuel Distributor ...... 14 Application Requirements...... 14 Fees ...... 14 Audits ...... 15 6 Non-Commercial Self-Fueling ...... 15 7 Enforcement ...... 16 Authority ...... 16 Violations ...... 16 Appeal ...... 17 Airport Permit Review Board ...... 17 Request for Appeal...... 17 Notice of Hearing ...... 17 Hearing Procedure...... 17 Review by the City Council of Boulder City ...... 18 Request for Review ...... 18 Notice of Meeting ...... 18 Standard of Review ...... 18 Decision ...... 18 8 Appendix A – Glossary ...... 19 9 Appendix B – Forms Index ...... 21 Fuel Vendor and Mobile Refueling Vehicle Permit Application ...... 21 Monthly Fuel Flow Report ...... 22 Fuel Storage, Handling, & Dispensing Equipment Inspection Form ...... 23 Annual Tenant Fueling Agent Training Confirmation Letter Template ...... 24 Non-Commercial Self-Fueling Permit Application ...... 25 10 Appendix C – References ...... 26 11 Appendix D –Fuel Distributer Permit ...... 27

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115

related activities on the Airport.

2 Fuel Handling, Dispensing & Storage Standards Permits Aviation fuel and oil sales or services are required to conform to all Federal, State, County, and

6 Airport Rules and Minimum Standards Section 12.3 4

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Mobile Refueler Permit This permit is required for each mobile refueling vehicle owned or leased by a fuel vendor required to meet further requirements as outlined in section 3.

Fuel Distributor Permit This permit authorizes the petroleum product company to deliver fuel to a fixed fuel storage system at the Airport. Refer to section 5 of these Standards.

117

aircraft at authorized fixed, self-serve fuel facilities at the Airport.

Upon the termination or separation of a fueling agent from a fuel vendor (employer) the fuel card will be returned to the Airport Administration Office.

13 Boulder City Municipal Airport Rules and Minimum Standards Section 2.12.7 14 NFPA 407 4.2.7.4 6

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Airport fuel cards that have already been issued to fueling agents will be verified against the training confirmation letter annually or upon implementation of these Standards.

Testing fuel quality is accomplished by visually inspecting a fuel sample. Fuel should be

119

Airport and Fire inspections may be conducted separately or at the same time.

Defueling & Aircraft Fuel Maintenance Equipment The fuel vendor performing defueling for either maintenance or weight and balance purposes must provide a defuel plan meeting industry standards.

120

During the corresponding Fire Department response, the tenant organizations and/or persons involved or witnessing the spill shall immediately notify the Airport Manager’s Office.

NOTE: Response of the Boulder City Fire Department and supporting units may subject organizations and individuals involved in the spill to the payment of fees for spill cleanup.

Records Fuel vendor is required to keep true and accurate records and books of all fuel sales and

27 NFPA 407 4.2.3.5.7 9

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Audits The City of Boulder City has the right to perform scheduled and non-scheduled audits of all aviation fuel related activity and finances.

Permits Permits will be issued annually for mobile refuelers. Airport Manager may renew the mobile refueler permit, after annual inspections have been accomplished and no discrepancies noted.

Mobile refuelers must not be operated unless they are in proper repair. Leaking vehicles must be removed from service and parked in a safe area with secondary containment until repaired.

Maintenance and servicing of aircraft fuel service vehicles and equipment may only be performed outdoors or in a building approved for such purpose.

All spills from a leak are handled as described in section 2.4.

28 Boulder City Municipal Airport Rules and Minimum Standards Section 4.11 29 As stated all commercial lease agreements under Exhibit C Section II.C.1 10

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30 Boulder City Municipal Airport Rules and Minimum Standards Section 2.12 31 NFPA 407 4.2.5 11

123

32 NFPA 407 4.2.7, 5.2.7 33 NFPA 407 4.2.9.5 12

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For these and other reasons, the items listed below are considered possible public safety concerns and are prohibited operations: A. Aircraft fuel and other related servicing personnel shall not carry lighters, matches or other ignition sources on their person while performing fuel servicing operations. B. Fueling operations shall not be conducted during periods of intense thunderstorm activity when lightning is within five miles of the Airport. C. No person shall operate a: (1) Radio transmitter or receiver or switch electrical appliances on or off in an aircraft, while it is being fueled or defueled. (2) Photographic, phone, and radio equipment within ten (10) feet of fuel servicing equipment, or the fill or vent points of aircraft fuel systems during fueling operations. D. Only approved and permitted aircraft mobile refuelers are allowed to engage in fueling on the Airport. The Airport Manager or his/her designee may grant exceptions in writing on a case by case basis. E. Aircraft hot refueling (when aircraft engines are operating) is prohibited, unless allowed by the Company’s FAA approved operating certificate and the Company maintains Deleted: provides specific authorization insurance and hold harmless coverage for the City. This does not apply to use of APUs or other engines required for refueling operations. F. Aircraft must not be fueled or defueled while passengers are onboard, unless the Company’s FAA approved operating certificate provides specific authorization and the Company maintains insurance and hold harmless coverage for the City. Requirements contained in NFPA 407 4.2.11.2 must be complied with. G. Aircraft may not be fueled with non-ambulatory passengers onboard, except for patients aboard air medical aircraft. H. Persons other than those engaged in fueling, servicing and operation of an aircraft must not be permitted within fifty (50) feet of such aircraft. I. Aircraft must not be fueled or defueled while inside any building or structure. J. Fuel vehicles must be loaded only at an approved loading rack or fixed fuel storage

34 NFPA 407, 4.2.3.6, 6.2.11.10; see also ATA Spec 103, 2-9 Refueling Truck Loading, Caution (“IT IS NOT ACCEPTABLE TO TRANSFER FUEL FROM A TRANSPORT TRUCK INTO A REFEULING TRUCK.”) 13

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5 Fuel Distributor

Annual Administrative Fee: Due at commencement of the permit, and annually on July 1st, regardless of if services have been 14

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E-mail: [email protected] (a hard copy must also be forwarded)

Audits The City of Boulder City has the right to perform scheduled and non-scheduled audits of all aviation fuel related activity and finances.

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F. Empty flammable liquid safety containers shall be treated as if they were full, until they are purged of flammable vapors by an approved method. G. An approved industry certified portable fire extinguisher, having a minimum classification of 40- B, shall be staged and within 50 feet of the self-fueling dispensing operation for the Deleted: self fueling extinguishment of any fire. H. An approved industry certified means shall be on site and maintained, to control and recover spilled fuel, such as an approved industry certified absorbent material. All such material shall be promptly and thoroughly cleaned up by the person fueling. All contaminated absorbent material will be considered hazardous waste and must be disposed of in accordance with Local, State and Federal laws, and at no time should any hazardous material be left on Airport property. I. Any person conducting self-fueling shall not store fuel in excess of 10 gallons in a Department of Transportation approved industry certified portable safety container at the Airport. J. Fuel may not be stored in hangars. K. Vehicles transporting fuels must be properly marked with Department of Transportation labeling, and shall not be parked inside hangars. L. Any individuals, persons or entities conducting self-fueling must maintain the Airport’s minimum Deleted: self fueling insurance policy limits, demonstrating general liability insurance with coverage limits established by the City, and/or meet or exceed industry standards and listing the City of Boulder City as additionally insured.

7 Enforcement

If a permittee fails to take corrective action required to be in compliance with any Standards, policy, procedure or Regulatory Measure contained herein the Airport Manager may suspend or

128

129

Review by the City Council of Boulder City Should a permittee be aggrieved by a decision of the Airport Permit Review Board, the permittee may request review of the City Council of Boulder City.

130

131

Shall: Indicates a mandatory requirement. Should: Indicates a recommendation or that which is advised, but not mandatory.

132

9 Appendix B – Forms Index Fuel Vendor and Mobile Refueling Vehicle Permit Application

133

Monthly Fuel Flow Report

134

Fuel Storage, Handling, & Dispensing Equipment Inspection Form

135

Annual Tenant Fueling Agent Training Confirmation Letter Template

Company Letterhead

To: Boulder City Municipal Airport 1201 Airport Road Suite 200 Boulder City, NV 89005

From: ABC Flying FBO

RE: Annual Training Verification Letter

Date: DATE of submission

136

Non-Commercial Self-Fueling Permit Application

Non-Commercial Self Fueling Permit Application

Tenant Name: Application Date:

Tenant Airport Location:

Tenant Owned Aircraft Tail Number:

Tenant Signature:

Airport Review Notes:

 Aircraft Registration/Ownership Documents Received  Hold Harmless Signed  Insurance Policy Received

Airport Follow-up Items:

Airport Manager Approval:

Date Approved:

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10 Appendix C – References Organizations and personnel affected by these guidelines and the underlying reference documents are encouraged to familiarize themselves with those references.

ENVIRONMENTAL PROTECTION AGENCY • The Clean Water Act of 1977 • The Oil Pollution Act of 1990

CITY OF BOULDER CITY, NEVADA • Boulder City Code Chapter 9 • Boulder City Municipal Airport Rules and Minimum Standards

138

Subject: Letter of Intent

We will provide fuel delivery services by the following method(s): • [Describe in detail, e.g., by truck, pipeline, etc.]

We [require/do not require] pedestrian access to the Airport Operations Area (AOA) to provide fuel at BVU.

Vehicle access to the airfield [is/is not] required. Vehicles [are/are not] street licensed.

Our designated authorized signer(s) and certified trainer(s) [is/are] [name(s) of employee(s) and job title(s)].

Job titles for our employees include [list job titles (i.e. manager, foreman, technician, laborer, and driver)]. We are requesting [number of badges] badges.

If you require any additional information, please contact [name of employee(s) and job titles] at [phone number(s) and email address(es)].

Respectfully, [Name of Highest-Ranking Local Authority] [Title] [Phone Number]

139

LETTER OF VERIFICATION TEMPLATE (FOR FUEL DISTRIBUTER PERMIT)

[Date] Boulder City Municipal Airport Attn: [Airport Manager] 1201 Airport Road Suite 200 Boulder City NV 89005

Subject: Letter of Verification

[Fuel delivery company] will provide fuel to the following operators/entities/FBO(s): • List operators/entities/FBO(s) that are to receive fuel from the contracted company.]

They will provide fuel delivery by the following method(s): • [Describe methods in detail, e.g. by truck, pipeline, etc.]

Pedestrian access to the airfield [is/is not] required to deliver fuel under the contract.

Vehicle access to the airfield [is/is not] required. Vehicles [are/are not] street licensed.

If you require any additional information, please contact [name of employee(s) and job titles] at [phone number(s) and email address(es)].

Respectfully,

[Name of Highest-Ranking Local Authority] [Title] [Phone Number66666]

140

Fuel Distributor Contact Information Form Corporate/Legal Name Business Name (DBA) Contact Information Corporate Contact: Title:

Mailing Address Telephone Fax

Email Local Manager Title: if different Local Address Telephone Fax Email Billing Contact Title

Billing Address Telephone Fax

Email Nevada Sate Business License # Boulder City Business License #

Send all Permit Correspondence to: Circle one: Corporate Local Manager Billing Contact

Operational Information Start Date: Description of methods by which fuel is to be delivered

List all companies that will perform into plane fueling on behalf of your company:

List facilities including leased premises where Airport access is required:

Will motor vehicles be utilized on non-public areas of the Airport? Yes / No

141 B1896, B1897, B1898 - Matters pertaining to Financial Administration

SUBJECT: Matters Pertaining to Title 1, Chapter 9 - Financial Administration:

A. Introduction of Bill No. 1896, an Ordinance of the City of Boulder City, Nevada to amend Boulder City Municipal Code, Title 1, “Administration,” Chapter 9 “Financial Administration,” Sections 1-9-4B, 1-9-4C, 1-9-4D, 1-9-6-D, and 1-9-8D to increase the allocation of lease revenues from 1% to 1.1%

ADDITIONAL INFORMATION: ATTACHMENTS: Description Type Staff Report Cover Memo Bill 1896 Ordinance Exhibit to Bill 1896 Exhibit Bill 1897 Ordinance Exhibit to Bill 1897 Exhibit Bill 1898 Ordinance Exhibit to Bill 1898 Exhibit

142 City Council Meeting May 11, 2021

Item No. 5 BOULDER CITY CITY COUNCIL Staff Report

MAYOR KIERNAN MCMANUS TO: Michael Mays, Acting City Manager COUNCIL MEMBERS: JAMES HOWARD ADAMS FROM: Diane Pelletier, Finance Director CLAUDIA M.BRIDGES TRACY FOLDA JUDITH A. HOSKINS DATE: May 3, 2021 ◄ ● ► SUBJECT: Matters Pertaining to Title 1, Chapter 9 - Financial MEETING LOCATION: Administration: CITY COUNCIL CHAMBER

401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 A. Introduction of Bill No. 1896, an Ordinance of the City of Boulder City, Nevada to amend Boulder City Municipal Code, Title 1, MAILING ADDRESS: “Administration,” Chapter 9 “Financial Administration,” Sections 1-9-4B, 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 1-9-4C, 1-9-4D, 1-9-6-D, and 1-9-8D to increase the allocation of lease revenues from 1% to 1.1% WEBPAGE: WWW.BCNV.ORG B. Introduction of Bill No. 1897, an Ordinance of the City of Boulder City ◄ ● ► Nevada to amend Boulder City Municipal Code, Title 1, “Administration,” Chapter 9, “Financial Administration,” Section 1-9-7 to ACTING CITY MANAGER: provide for allocation of excess revenues over expenditures as MICHAEL MAYS, AICP determined by the Comprehensive Annual Financial Report for the prior ACTING CITY ATTORNEY: fiscal year for purposes of creating a special construction account for a BRITTANY LEE WALKER, ESQ swimming pool recreation project ACTING CITY CLERK: TAMI MCKAY, MMC, CPO C. Introduction of Bill No. 1898, an Ordinance of the City of Boulder City ADMINISTRATIVE SERVICES DIRECTOR: Nevada to amend Boulder City Municipal Code, Title 1, BRYCE BOLDT “Administration,” Chapter 9, “Financial Administration,” Section 1-9-3 to

COMMUNITY DEVELOPMENT DIRECTOR: clarify the name of the Fund for General Capital Facilities and MICHAEL MAYS, AICP Equipment

PUBLIC WORKS DIRECTOR: KEEGAN LITTRELL, P.E. Business Impact Statement: This action will not have a significant

UTILITIES DIRECTOR: economic impact on business and will not directly restrict the DENNIS PORTER, P.E. formation, operation, or expansion of a business.

POLICE CHIEF: TIM SHEA Action Requested: That the City Council introduce Bill Nos. 1896, 1897, and 1898. FIRE CHIEF: WILLIAM GRAY, CFO

FINANCE DIRECTOR: DIANE PELLETIER, CPA

PARKS & RECREATION DIRECTOR ROGER HALL 143 Overview:

• Title 1, Chapter 9, Financial Administration is being amended to address recent City Council direction to increase the amount of lease monies that are set aside to certain reserve funds from 1 percent to 1.1 percent of revenues • A new section is being created in Title 1, Chapter 9 to provide additional a funding source for the swimming pool recreation project • Title 1, Chapter 9, Section 3 is being clarified to properly reflect the name of the fund for capital projects

Background Information: The Finance Department has prepared three separate code amendments to address current and future budgetary needs and issues. All code amendments take place in Title 1, Chapter 9, Financial Administration. They are:

Bill 1896: During the draft budget review by the City Council, staff was directed to increase the amount of revenues that are taken from land lease revenues to certain special reserve funds. Currently, the Code sets aside one percent (1%) of lease revenues. The amendment increases that set aside to one point one percent (1.1%) of lease revenues. The funds affected are:

• 1-9-4B – Compensated Absences Fund • 1-9-4C – Extraordinary Maintenance, Repair, or Improvement of a Capital Asset Fund • 1-9-4D – Vehicle/Equipment Replacement Fund • 1-9-6D – Revenue Stabilization and Natural Disaster Mitigation Fund • 1-9-8D – Risk Management Fund

Bill 1897: Last year, the Finance Department had prepared a funding plan to finance the swimming pool recreation project. The Plan had several components, which included several ballot questions to use the voter-approved capital improvement fund monies, and a code amendment to set aside excess revenues over expenditures at the end of each fiscal year in certain circumstances. The proposed ordinance amendment to Section 1- 9-7 creates a special construction fund for the swimming pool recreation project, and the funding is derived from excess revenues over expenditures as determined by the Comprehensive Annual Financial Report (“CAFR”). The funding covers fiscal years 2020, 2021, 2022, 2023, and 2024. The allocation of excess revenues sunsets with the distribution of fiscal year 2024 excess revenues. All monies collected will be used to supplement other funds earmarked for the swimming pool recreation project. Any unspent funds will revert to the fund balance for the Extraordinary Maintenance, Repair, or Improvement of a Capital Asset Fund.

For reference, excess revenues occur for several reasons. In most years, the actual amount of C-Tax revenues exceeds the forecasted amount and can result in higher revenues. Other revenue categories can also see higher than forecasted amounts, such as building permit fees or other public works fees. In recent years, the largest contributor to excess revenues has been solar lease contracts that are executed in mid-budget year.

144 It is anticipated that several solar contracts that are currently under option will exercise their agreements and make large payments to the City that are unbudgeted until the following fiscal year.

Bill 1898: During the preparation of the Fiscal Year 2022 budget, staff realized that the name for Fund 30 (referenced as the “Special Projects Fund”) needed to be changed to better reflect proper accounting nomenclature. The City Code that created the Fund – Section 1-9-3 – did not use the proper terms to name the fund and also used a name that can be confused with the voter-approved Capital Improvement Fund. The current name – “General Capital Facilities/Equipment Account” – will be changed to “Acquisitions and Improvements Fund.”

In accounting parlance, the terms “account” and “fund” have different meanings. The clear intent of 1-9-3 was to create a fund for purposes of acting as a clearinghouse to fund capital projects and acquisition of certain equipment. The name change makes that clear and properly establishes the fund as a fund.

For reference, the Fund uses revenue allocations from the General Fund (Fund 10), the voter-approved Capital Improvement Fund (Fund 44), and from various grant funds received from the Regional Transportation Commission of Southern Nevada, the Clark County Regional Flood Control District, and other various grants that the City receives from time to time. Fund 30 (the Acquisitions and Improvements Fund) does not fund projects for the Enterprise Funds (utilities, airport, or cemetery). The Enterprise Funds track their capital expenses within their own budgets.

Financial: The end result of Bill 1896 will be an additional $91,567 allocated among five reserve funds, for a total allocation of $1,007,241. For Bill 1897, the initial funding for the swimming pool recreation project is approximately $700,000, which represents the excess revenues over expenditures as reported in the FY 2020 CAFR not otherwise allocated by other policies or ordinances. These funds currently reside in the general fund. Bill 1898 has no fiscal impact.

Boulder City Strategic Plan Goal: The proposed code amendments are consistent with Goal A – Achieve Prudent Financial Stewardship, strategy 9 – Adopt and integrate best practices into department’s programs and operations.

Department Recommendation: The Finance Department requests that the City Council introduce Bill Nos. 1896, 1897, and 1898.

Attachments: Bill 1896 Bill 1897 Bill 1898

145 Bill No. 1896 Introduced by: ______

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF BOULDER CITY AMENDING THE BOULDER CITY MUNICIPAL CODE TITLE 1, “ADMINISTRATION,” CHAPTER 9 “FINANCIAL ADMINISTRATION,” SECTIONS 1-9-4B, 1-9-4C, 1-9-4D, 1-9-6D AND 1-9-8D,” TO INCREASE THE ALLOCATION OF LEASE REVENUES FROM 1% to 1.1%; AND OTHER MATTERS PROPERLY RELATED THERETO.

THE CITY COUNCIL OF BOULDER CITY DO ORDAIN:

Section 1. Boulder City, Nevada, does by this Ordinance hereby amend Boulder City Municipal Code, Title 1, “Administration,” Chapter 9, “Financial Administration,” to amend Sections 1-9-4B, 1-9-4C, 1-9-4D, 1-9-6D and 1-9-8D as shown on Exhibit A.

Section 3. PUBLICATION. The City Clerk shall cause this Ordinance to be published in summary on ______in the Las Vegas Review Journal, a daily newspaper published in Las Vegas, Nevada.

Section 4. EFFECTIVE. This Ordinance shall become effective the _____ day of ______, 2021

DATED and APPROVED this ___ day of ______, 2021.

______Kiernan McManus, Mayor

ATTEST:

______Tami McKay, Acting City Clerk

146 Bill No. 1896 Introduced by: ______

The foregoing Ordinance was first proposed and read by title to the City Council on May 11, 2021, which was a regular meeting; thereafter, on May 25, 2021, a regular meeting was held and the proposed Ordinance was adopted by the following vote:

VOTING AYE: ______

VOTING NAY: ______

ABSENT: ______

DATED and APPROVED this ___ day of ______, 2021.

______Kiernan McManus, Mayor

ATTEST:

______Tami McKay, Acting City Clerk

147 EXHIBIT A EXPLANATION: Bold underlined text is new; bracketed and stricken [--] text is to be repealed. 1-9-4. REQUIRED ACCOUNTS/FUNDS.

A. Emergency Capital Reserve Accounts. There is hereby established within each fund an Emergency Capital Reserve Account. Said fund shall be fully funded within two years of establishment, and in the event of an emergency and such funds are used to address the emergency, the fund shall be replenished over the next three full budget cycles. Said funds shall not be utilized for the annual capital improvement program, but are limited to events that include but are not limited to: natural disasters such as flood or earthquake, catastrophic failure of a major utility infrastructure unit such as a very large water main break or substation transformer failure. The minimum emergency capital reserve balances for each fund shall be as follows: General Fund - $2,000,000, Utility Fund - $5,000,000 (to be allocated between the four utility accounts proportionate to the share of the total utility fund account), Airport Fund - $250,000. B. Compensated Absences Fund. There is hereby established a Compensated Absences Fund. The fund shall only be used for the payout of accumulated leave balances of employees upon separation and no other purpose. No funds shall be transferred to any other operating, reserve, or restricted fund of the City, except in those instances wherein the fund balance exceeds the fund balance requirement. Funding for this restricted account shall be derived from the following revenue sources: one and one-tenth percent (1.1%) of all lease revenues that are designated for distribution to the City's General Fund (see section 1-9-13); ten-percent (10%) of the greater than anticipated revenue received in the General Fund, reduced by a negative variance in total General Fund expenditures as identified in the prior years' comprehensive annual financial report, and other sources as may be determined from time to time by Resolution of the City Council. Allocation of revenues from these sources shall be suspended once the Compensated Absences Fund reaches a balance equal to the total leave obligation accumulation of all employees. C. Extraordinary Maintenance, Repair, or Improvement of a Capital Asset Fund. There is hereby established an Extraordinary Maintenance, Repair or Improvement of a Capital Asset Fund, as authorized under Nevada Revised Statutes Section 354.6105. For purposes of expenditure from this fund, "extraordinary maintenance, repair or improvement" means all expenses ordinarily incurred not more than once every five (5) years to maintain a local governmental facility or capital asset in a fit operating condition. Use of this fund is limited strictly for those purposes and shall not be transferred to any other fund. Funding for this restricted account shall be derived from the following revenue sources: one and one-tenth percent (1.1%) of all lease revenues that are designated for distribution to the City's General Fund (see section 1-9-13); ten-percent (10%) of the greater than anticipated revenue received in the General Fund, reduced by a negative variance in total General Fund expenditures as identified in the prior years' comprehensive annual financial report, and other sources as may be determined from time to time by Resolution of the City Council. As limited by Nevada Law, allocation of revenues from these sources shall be suspended once the Fund reaches a balance of five percent (5%) of the capital assets of the General Fund as identified in the most recent Comprehensive Annual Financial Report. D. Vehicle/Equipment Replacement Fund. There is hereby established a Vehicle/Equipment Replacement Fund. The fund shall only be used for the purchase of new/replacement vehicles and large equipment, and no other purpose. Funding for this restricted account shall be derived from the following revenue sources: all revenues derived from auctions of city surplus items; one and one-tenth percent (1.1%) of all lease revenues that are designated for distribution to the City's General Fund (see section 1-9-13); ten-percent (10%) of the greater than anticipated revenue received in the General Fund, reduced by a negative variance in total General Fund expenditures as identified in the prior years' comprehensive annual financial report, proportional charges to each user City Department, and other sources as may be determined from time to time by Resolution of the City Council. Allocation of revenues from these sources shall be suspended once

148 the Fund reaches a balance of five percent (5%) of the capital assets of the General Fund as identified in the most recent Comprehensive Annual Financial Report. ( Ord. 1445 , 8-9-2011, eff. 9-1-2011; Ord. 1616 , exh. A, 11-27-2018, eff. 12-20-2018; Ord. 1636 , exh. A, 9-24- 2019, eff. 10-17-2019; Ord. 1644 , exh. A, 4-28-2020, eff. 5-21-2020)

1-9-6. REVENUE STABILIZATION AND NATURAL DISASTER MITIGATION FUND.

A. Revenue Stabilization and Natural Disaster Mitigation Fund. There is hereby established a Revenue Stabilization and Natural Disaster Mitigation Fund as authorized under Nevada Revised Statutes in section 354.6115. B. Purpose. Purpose of this fund is to stabilize general fund revenues to cover operations in the event of an economic downturn or natural disaster that interrupts the projected revenue streams. This fund does not replace the Emergency Capital Reserve Account. C. Use of Fund. This fund shall only be used if (a) the total actual revenue falls at least ten percent (10%) short of the total anticipated revenue in the general fund for the fiscal year said revenue is budgeted for receipt; or (b) to pay the expenses incurred by Boulder City to mitigate the effects of a natural disaster. D. Funding Sources. Funding for this restricted account shall be derived from the following revenue sources: one and one-tenth percent (1.1%) of all lease revenues that are designated for distribution to the City's General Fund (see section 1-9-13); ten-percent (10%) of the greater than anticipated revenue received in the General Fund, reduced by a negative variance in total General Fund expenditures as identified in the prior years' comprehensive annual financial report, and other sources as may be determined from time to time by Resolution of the City Council. E. Fund Balance Ceiling. The balance in the Fund shall not exceed ten percent (10%) of the expenditures from the General Fund for the previous fiscal year, excluding any federal funds expended by the City, as determined by the most recent Comprehensive Annual Financial Report. F. Authorized Expenditures in the event of a Natural Disaster. The balance in the fund may not be used to pay expenses incurred to mitigate the effects of a natural disaster until the City Council of Boulder City issues a formal declaration that a natural disaster exists. The City Council shall not make such a declaration unless a natural disaster is occurring or has occurred. Upon the issuance of such a declaration, the balance in the fund may be used for the payment of the following expenditures incurred by Boulder City because of the natural disaster: a. The repair or replacement of roads, streets, bridges, water control facilities, public buildings, public utilities, recreational facilities and parks owned by Boulder City and damaged by the natural disaster; b. Any emergency measures undertaken to save lives, protect public health and safety or protect property within the jurisdiction of Boulder City; c. The removal of debris from publicly or privately-owned land and waterways within the jurisdiction of Boulder City that was undertaken because of the natural disaster; d. Expenses incurred by Boulder City for any overtime worked by an employee of Boulder City because of the natural disaster or any other extraordinary expenses incurred by Boulder City because of the natural disaster; and e. The payment of any grant match that Boulder City must provide to obtain a grant from a federal disaster assistance agency for an eligible project to repair damage caused by the natural disaster within the jurisdiction of Boulder City; and f. The payment of any expenditures in categories a-e, as a response to a natural disaster, that are likely to be reimbursed by a federal or state agency, in order to affect a response and conserve operating funds that would otherwise be diverted from routine activities of Boulder City.

149

G. Timing of Use of Funds. Any transfer of money from a fund established pursuant to this section must be completed within 90 days after the end of the fiscal year in which a severe financial emergency or the natural disaster for which the fund was established occurs. ( Ord. 1445 , 8-9-2011, eff. 9-1-2011; Ord. 1616 , exh. A, 11-27-2018, eff. 12-20-2018; Ord. 1636 , exh. A, 9-24- 2019, eff. 10-17-2019; Ord. 1644 , exh. A, 4-28-2020, eff. 5-21-2020)

1-9-8. RISK MANAGEMENT FUND.

A. Risk Management Fund. There is hereby established a risk management fund subject to and as authorized under Nevada Revised Statues in section 354.6215. B. Scope. The purpose of this fund is to stabilize governmental operations in the event of losses not covered by the deductible under the City's insurance policies. This fund replaces the General Liability Insurance Reserve Account. C. Use of Fund. This fund shall only be used to pay for the City's property, liability, and workers' compensation insurance premiums and deductibles, or expenditures for claims against the City's governmental funds not covered by insurance, including but not limited to legal defense expenses and settlement proceeds. D. Funding Sources. Funding for this special revenue fund shall be derived from: 1. ten-percent (10%) of the greater than anticipated revenue received in the General Fund, reduced by a negative variance in total General Fund expenditures as identified in the prior years' Comprehensive Annual Financial Report; 2. one and one-tenth percent (1.1%) of all lease revenues that are designated for distribution to the City's General Fund (see section 1-9-13; 3. internal fund reimbursement for workers' compensation by each department through payroll allocations; 4. internal fund reimbursement for insurance premiums from the General Fund; 5. risk management subrogation payments for goods/materials, property, labor, or other; 6. other sources as may be determined by Resolution of the City Council. E. Fund Balance Ceiling. The balance in the Fund shall not exceed ten-percent (10%) of the expenditures from the General Fund for the previous fiscal year, excluding any federal funds expended by the City, as determined by the most recent Comprehensive Annual Financial Report. F. Timing and Use of Funds. Transfers from the Funds and payments established pursuant to this section will be completed as needed throughout each fiscal year. ( Ord. 1445 , 8-9-2011, eff. 9-1-2011; Ord. 1644 , exh. A, 4-28-2020, eff. 5-21-2020)

150 Bill No. 1897 Introduced by: ______

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF BOULDER CITY AMENDING THE BOULDER CITY MUNICIPAL CODE TITLE 1, “ADMINISTRATION,” CHAPTER 9 “FINANCIAL ADMINISTRATION,” SECTION 1-9-7 TO PROVIDE FOR ALLOCATION OF EXCESS REVENUES OVER EXPENDITURES AS DETERMINED BY THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE PRIOR FISCAL YEAR FOR PURPOSES OF CREATING A SPECIAL CONSTRUCTION ACCOUNT FOR A SWIMMING POOL RECREATION PROJECT; AND OTHER MATTERS PROPERLY RELATED THERETO.

THE CITY COUNCIL OF BOULDER CITY DO ORDAIN:

Section 3. PUBLICATION. The City Clerk shall cause this Ordinance to be published in summary on ______in the Las Vegas Review Journal, a daily newspaper published in Las Vegas, Nevada.

Section 4. EFFECTIVE. This Ordinance shall become effective the _____ day of ______, 2021

DATED and APPROVED this ___ day of ______, 2021.

______Kiernan McManus, Mayor

ATTEST:

______

151 Bill No. 1897 Introduced by: ______

Tami McKay, Acting City Clerk

VOTING AYE: ______

VOTING NAY: ______

ABSENT: ______

DATED and APPROVED this ___ day of ______, 2021.

______Kiernan McManus, Mayor

ATTEST:

______Tami McKay, Acting City Clerk

152 EXHIBIT A

EXPLANATION: Bold underlined text is new; bracketed and stricken [--] text is to be repealed.

1-9-7 [RESERVED.] Special Construction Account. As authorized under Nevada Revised Statutes Section 354.6105 (Fund for Extraordinary maintenance, repair or improvement of capital projects) and authorized by this Title, for Fiscal Years 2020, 2021, 2022, 2023 and 2024, the City may appropriate excess revenues after expenditures as determined by the Comprehensive Annual Financial Report (“CAFR”) for the General Fund and deposit said excess funds into a special construction account designated for the construction of the City Swimming Pool Recreational Project, located at Broadbent Park. At such time sufficient funding for the construction of the Swimming Pool Recreational Project is achieved or upon the receipt of the Fiscal Year CAFR for 2024 and distribution of excess funds based upon said CAFR, whichever comes first, said allocation shall sunset. All unspent monies in this subaccount shall revert to the main account as specified in section 1-9-4.C upon completion of the Swimming Pool Recreational Project construction project.

153 Bill No. 1898 Introduced by: ______

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF BOULDER CITY AMENDING THE BOULDER CITY MUNICIPAL CODE TITLE 1, “ADMINISTRATION,” CHAPTER 9 “FINANCIAL ADMINISTRATION,” SECTION 1-9-3 TO CLARIFY THE NAME OF THE FUND FOR GENERAL CAPITAL FACILITIES AND EQUIPMENT; AND OTHER MATTERS PROPERLY RELATED THERETO.

THE CITY COUNCIL OF BOULDER CITY DO ORDAIN:

Section 3. PUBLICATION. The City Clerk shall cause this Ordinance to be published in summary on ______in the Las Vegas Review Journal, a daily newspaper published in Las Vegas, Nevada.

Section 4. EFFECTIVE. This Ordinance shall become effective the _____ day of ______, 2021

DATED and APPROVED this ___ day of ______, 2021.

______Kiernan McManus, Mayor

ATTEST:

______Tami McKay, Acting City Clerk

154 Bill No. 1898 Introduced by: ______

VOTING AYE: ______

VOTING NAY: ______

ABSENT: ______

DATED and APPROVED this ___ day of ______, 2021.

______Kiernan McManus, Mayor

ATTEST:

______Tami McKay, Acting City Clerk

155 EXHIBIT A

EXPLANATION: Bold underlined text is new; bracketed and stricken [--] text is to be repealed.

1-9-3. [GENERAL CAPITAL FACILITIES/EQUIPMENT ACCOUNT] ACQUISITIONS AND IMPROVEMENTS FUND.

There is hereby established an [general capital facilities/equipment account] acquisitions and improvements fund for recording funds designated by the city council for the capital needs for the general operations of the city. Funds contained in this account shall be committed to use for the future capital needs as determined by the city council through the budget process. These capital needs include the replacement of [vehicles and] equipment and the [maintenance] improvement of city facilities. This account will be funded by a special appropriations resolution or through appropriations contained in the annual operating and capital budget adopted by the city council.

156 R7276 Golf Maintenance

SUBJECT: For possible action: Resolution No. 7276 a resolution of the City Council of Boulder City, Nevada approving Agreement No. 21-1932 between the City of Boulder City and Turf Tech, Inc. for golf course maintenance services

ADDITIONAL INFORMATION: ATTACHMENTS: Description Type rescheduled staff rpt Cover Memo

157 City Council Meeting May 11, 2021

Item No. 6 BOULDER CITY CITY COUNCIL Staff Report

MAYOR KIERNAN MCMANUS TO: Michael Mays, Acting City Manager

COUNCIL MEMBERS: FROM: Roger Hall, Parks and Recreation Director JAMES HOWARD ADAMS CLAUDIA M. BRIDGES TRACY FOLDA DATE: May 11, 2021 JUDITH A. HOSKINS ◄ ● ► SUBJECT: For possible action: Resolution No. 7276, a Resolution of the City Council of Boulder City, Nevada approving Agreement No. 21- MEETING LOCATION: 1932 between, the City of Boulder City and Turf Tech, Inc. for golf CITY COUNCIL CHAMBER course maintenance services 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 Business Impact Statement: This action will not have a significant MAILING ADDRESS: economic impact on business and will not directly restrict the 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 formation, operation, or expansion of a business.

WEBPAGE: WWW.BCNV.ORG THIS ITEM HAS BEEN ◄ ● ►

ACTING CITY MANAGER: WITHDRAWN AND WILL BE MICHAEL MAYS, AICP

ACTING CITY ATTORNEY: RESCHEDULED BRITTANY LEE WALKER, ESQ

ACTING CITY CLERK: TAMI MCKAY, MMC, CPO

ADMINISTRATIVE SERVICES DIRECTOR: BRYCE BOLDT

COMMUNITY DEVELOPMENT DIRECTOR: MICHAEL MAYS, AICP

PUBLIC WORKS DIRECTOR: KEEGAN LITTRELL, P.E.

UTILITIES DIRECTOR: DENNIS PORTER, P.E.

POLICE CHIEF: TIM SHEA

FIRE CHIEF: WILLIAM GRAY, CFO

FINANCE DIRECTOR: DIANE PELLETIER, CPA

PARKS & RECREATION DIRECTOR ROGER HALL 158 R7277 CARES Redistribution of funds

SUBJECT: For possible action: Resolution 7277, a resolution of the City Council of Boulder City, Nevada repealing and replacing Resolution No. 7223 requesting redistribution of CARES Act Funds

ADDITIONAL INFORMATION: ATTACHMENTS: Description Type Item 7 Staff Report Cover Memo Attachment 1 Resolution Letter Attachment 2 Backup Material

159 City Council Meeting May 11, 2021

Item No. 7 BOULDER CITY CITY COUNCIL Staff Report

MAYOR KIERNAN MCMANUS TO: Mayor and City Council COUNCIL MEMBERS: JAMES HOWARD ADAMS FROM: Michael Mays, Acting City Manager/Community CLAUDIA M. BRIDGES TRACY FOLDA Development Director JUDITH A. HOSKINS ◄ ● ► DATE: May 3, 2021

MEETING LOCATION: SUBJECT: For possible action: Resolution 7277, a resolution of the CITY COUNCIL CHAMBER City Council of Boulder City, Nevada repealing and replacing 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 Resolution No. 7223 requesting redistribution of CARES Act Funds

MAILING ADDRESS: Business Impact Statement: 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 This action will not have a significant economic impact on business and will not directly restrict the formation, operation, or expansion of a WEBPAGE: business. WWW.BCNV.ORG

◄ ● ► Action Requested: That the City Council consider proposed Resolution No. 7277. ACTING CITY MANAGER: MICHAEL MAYS, AICP Overview: ACTING CITY ATTORNEY: • At the September 8, 2020 City Council meeting, Council approved BRITTANY LEE WALKER, ESQ recommendations for CARES Act Funding ACTING CITY CLERK: • The City Council provided further direction regarding CARES TAMI MCKAY, MMC, CPO distribution at the October 27, 2020 Council meeting with the adoption ADMINISTRATIVE SERVICES DIRECTOR: of Resolution 7177 BRYCE BOLDT • The City Council provided further direction with the approval of COMMUNITY DEVELOPMENT DIRECTOR: Resolution 7188 on November 24, 2020 MICHAEL MAYS, AICP • The City Council provided further direction with the approval of PUBLIC WORKS DIRECTOR: Resolution 7223 on January 26, 2021 KEEGAN LITTRELL, P.E.

UTILITIES DIRECTOR: Background Information: DENNIS PORTER, P.E. The city received $1,508,373 in Coronavirus Aid, Relief, and POLICE CHIEF: Economic Security Act (CARES) funds from Clark County. The city is TIM SHEA able to use these funds for eligible expenses responding to the FIRE CHIEF: COVID-19 crisis up to December 1, 2020. The City Council has WILLIAM GRAY, CFO provided staff direction on how to use the funds at the September 8,

FINANCE DIRECTOR: DIANE PELLETIER, CPA

PARKS & RECREATION DIRECTOR ROGER HALL 160 October 27 and November 24 City Council meetings in 2020 and on January 26, 2021.

U.S. Congressional changes to the CARES Act at the end of 2020, extended the time for use of the CARES funds. Clark County has modified their agreement with Boulder City to be able to use the funds through June 30, 2021. This gives the City Council the opportunity to provide additional funds to local non-profit groups serving the needs of our citizens impacted by COVID-19.

During the January 26, 2021 meeting, the City Council directed staff to move forward with a second small business grant program to help businesses negatively impacted by COVID-19. $65,000 was authorized for the second round. Staff anticipates strong interest in the second small business grant program which occurs this month. In response, staff is requesting City Council consideration of an additional $135,000 for a total of $200,000 which includes grant administrative costs from a third-party vendor.

Grants for eligible small businesses would be capped at $5,000 each.

Financial: Disbursement of the CARES funds is through the $1,508,373 received from Clark County to reimburse for eligible costs.

Attachments: 1. Resolution 7277 2. Resolution 7223

161 RESOLUTION NO. 7277

RESOLUTION NO. 7277 OF THE CITY COUNCIL OF BOULDER CITY, NEVADA, REPEALING AND REPLACING RESOLUTION NO. 7223 REQUESTING REDISTRIBUTION OF CARES ACT FUNDS

WHEREAS, On September 8th, 2020 Resolution 7154 was approved that provides up to $1,258,373 for public safety payroll, up to $200,000 for small business grants and admin costs, up to $20,000 for communication compliance, up to $150,000 to be used for all-day parks and recreation child program, up to $20,000 for food purchases by the Senior Center of Boulder City and up to $50,000 for rent/mortgage/utilities assistance to be administered by Emergency Aid of Boulder City. Unused funds as of December 1, 2020, for small business loans, communication compliance, all-day parks program, Senior Center of Boulder City food purchasing, and Emergency Aid of Boulder City rent/mortgage/utilities assistance will be allocated towards eligible public safety payroll expenses; and

WHEREAS, On October 27, 2020 the City Council approved Resolution 7177 which modified CARES Act redistribution to be up to $15,000 for non-first responders PPE, up to $250,000 for small businesses and admin costs, up to $20,000 for communication compliance, up to $150,000 to be used for all-day parks and recreation child program, up to $40,000 for the Senior Center of Boulder City and up to $80,000 for rent/mortgage/utilities assistance to be administered by Emergency Aid of Boulder City. Any unused funds of the CARES Act Funding from Clark County as of December 1, 2020 will be allocated towards eligible public safety payroll expenses not to exceed total of grant of $1,508,373; and

WHEREAS, On November 24, 2020 the City Council approved Resolution 7188 which modified CARES Act redistribution to be up to $15,000 for non-first responders PPE, up to $250,000 for small businesses and admin costs, up to $20,000 for communication compliance, up to $150,000 to be used for all-day parks and recreation child program, up to $40,000 for the Senior Center of Boulder City and up to $180,000 for rent/mortgage/utilities assistance to be administered by Emergency Aid of Boulder City. Any unused funds of the CARES Act Funding from Clark County as of December 4, 2020 will be allocated towards eligible public safety payroll expenses not to exceed total of grant of $1,508,373; and

WHEREAS, On January 26, 2021 the City Council approved Resolution 7223 which modified CARES Act redistribution to be up to $15,000 for non-first responders PPE, up to $265,000 for small businesses and admin costs, up to $20,000 for communication compliance, up to $150,000 to be used for all-day parks and recreation child program, up to $45,000 for the Senior Center of Boulder City and up to $360,000 for rent/mortgage/utilities assistance to be administered by Emergency Aid of Boulder City. Any unused funds of the CARES Act Funding from Clark County as of June 30, 2021 will be allocated towards eligible public safety payroll expenses not to

162 exceed total of grant of $1,508,373; and

WHEREAS, Small businesses need an additional amount not to exceed $135,000 for grants to compensate for losses related to COVID-19 pandemic over the next six months; and

NOW, THEREFORE, BE IT RESOLVED that City Council redistribute the allocation of the $1,508,373 sub-grant award from Clark County up to the limits set forth in the recitals herein and in the amounts set forth below to compensate costs relating to the COVID-19 pandemic, including without limitation personal protective equipment (PPE), public safety payroll, small business grants, communication compliance, food, child care and distance learning assistance, and rent/mortgage/utilities assistance incurred by Boulder City, the Senior Center of Boulder City, Emergency Aid of Boulder City, small businesses and other eligible persons through June 30, 2021; and

BE IT FURTHER RESOLVED, the CARES Act redistribution to be up to $400,000 for small businesses and admin cost grants (with a $5,000 limit per business for grants applied for on or after January 1, 2021); and

BE IT FURTHER RESOLVED, the CARES Act redistribution to be up to $15,000 for non- first responders’ PPE, up to $20,000 for communication compliance, up to $150,000 to be used for all-day parks and recreation child program; and

BE IT FURTHER RESOLVED, the CARES Act redistribution to be up to $45,000 for the Senior Center of Boulder City, and up to $360,000 to be administered by Emergency Aid of Boulder City; and

BE IT FURTHER RESOLVED, funds not allocated as of June 4, 2021 to specific items as set forth herein will be allocated towards eligible public safety payroll expenses; and

BE IT FURTHER RESOLVED, all previous acts and resolutions in conflict with this resolution or any part hereof are hereby repealed to the extent of such conflict.

DATED and APPROVED this 11th day of May 2021.

______Kiernan McManus, Mayor

ATTEST:

______Tami McKay, Acting City Clerk

163 RESOLUTION NO. 7223

RESOLUTION NO. 7223 OF THE CITY COUNCIL OF BOULDER CITY, NEVADA, REPEALING AND REPLACING RESOLUTION NO. 7188 REQUESTING REDISTRIBUTION OF CARES ACT FUNDS

WHEREAS, On September 8th, 2020 Resolution 7154 was approved that provides up to 1, 258,373 for public safety payroll, up to $ 200, 000 for small business grants and admin costs, up to $ 20, 000 for communication compliance, up to $ 150, 000 to be used for all-day parks and recreation child program, up to $ 20, 000 for food purchases by the Senior Center of Boulder City and up to $ 50, 000 for rent/ mortgage/ utilities assistance to be administered by Emergency Aid of Boulder City. Unused funds as of December 1, 2020, for small business loans, communication compliance, all-day parks program, Senior Center of Boulder City food purchasing, and Emergency Aid of Boulder City rent/ mortgage/ utilities assistance will be allocated towards eligible public safety payroll expenses; and

WHEREAS, On October 27, 2020 the City Council approved Resolution 7177 which modified CARES Act redistribution to be up to $ 15, 000 for non- first responders PPE, up to $ 250, 000 for small businesses and admin costs, up to $ 20, 000 for communication compliance, up to $ 150, 000 to be used for all- day parks and recreation child program, up to $ 40, 000 for the Senior Center of Boulder City and up to $ 80, 000 for rent/ mortgage/ utilities assistance to be administered by Emergency Aid of Boulder City. Any unused funds of the CARES Act Funding from Clark County as of December 1, 2020 will be allocated towards eligible public safety payroll expenses not to exceed total of grant of$ 1, 508,373; and

WHEREAS, On November 24, 2020 the City Council approved Resolution 7188 which modified CARES Act redistribution to be up to $ 15, 000 for non- first responders PPE, up to $ 250, 000 for small businesses and admin costs, up to $ 20, 000 for communication compliance, up to $ 150, 000 to be used for all- day parks and recreation child program, up to $ 40, 000 for the Senior Center of Boulder City and up to $ 180, 000 for rent/mortgage/ utilities assistance to be administered by Emergency Aid of Boulder City. Any unused funds of the CARES Act Funding from Clark County as of December 4, 2020 will be allocated towards eligible public safety payroll expenses not to exceed total of grant of$ 1, 508,373; and

WHEREAS, Emergency Aid of Boulder City needs an additional amount not to exceed 180, 000 for costs related to the COVID- 19 pandemic over the next six months; and

WHEREAS, Senior Center of Boulder City needs an additional amount not to exceed 5, 000 for costs related to the COVID- 19 pandemic over the next six months; and

164 WHEREAS, Small businesses need an additional amount not to exceed $ 15, 000 for grants to compensate for losses related to the COVID- 19 pandemic over the next six months.

NOW, THEREFORE, BE IT RESOLVED that City Council redistribute the allocation of the $ 1, 508, 373 sub- grant award from Clark County in accordance with the recitals herein and in the amounts set forth below to compensate costs relating to the COVID- 19 pandemic, including without limitation personal protective equipment ( PPE), public safety payroll, small business grants, communication compliance, food, child care and distance learning assistance, and rent/ mortgage/ utilities assistance incurred by Boulder City, the Senior Center of Boulder City, Emergency Aid of Boulder City, small businesses and other eligible persons through June 30, 2021; and

BE IT FURTHER RESOLVED, the CARES Act redistribution to be up to $ 15, 000 for non- first responders' PPE, up to $ 265, 000 for small businesses and admin cost grants ( with a $ 5, 000 limit per business for grants received on or after January 1, 2021), up to$ 20,000 for communication compliance, up to$ 150, 000 to be used for all- day parks and recreation child program; and

BE IT FURTHER RESOLVED, the CARES Act redistribution to be up to $ 45, 000 for the Senior Center of Boulder City, and up to $ 360, 000 to be administered by Emergency Aid of Boulder City; and

BE IT FURTHER RESOLVED, funds not allocated as of June 4, 2021 to specific items as set forth herein will be allocated towards eligible public safety payroll expenses; and

BE IT FURTHER RESOLVED, all previous acts and resolutions in conflict with this resolution or any part hereof are hereby repealed to the extent of such conflict.

DATED and APPROVED this 26th day of January 2021.

I'/ t‘I/ 1.0#/doeog. Kiernan McManus, Mayor

ATTEST:

GeFLOti Lorene Krumm, City Clerk

165 R7278 Rules of Procedure

SUBJECT: For possible action: Resolution No. 7278, a resolution of the City Council of Boulder City, Nevada, repealing and replacing Resolution No. 6506 and approving Amendment No. XXXI to the City Council's Rules of Procedure to clean up language inconsistencies throughout the document and to amend Sections 3.1, 3.2, 3.3, 3.8, 3.9, 4.1 and 4.3 (as requested by Council member Folda)

ADDITIONAL INFORMATION: ATTACHMENTS: Description Type Item 8 Staff Report Cover Memo R7278 Cover Memo R6506 Cover Memo Rules of Procedure_Track Changes Cover Memo Rules of Procedure_Clean Version Cover Memo

166

City Council Meeting

May 11, 2021 BOULDER CITY CITY COUNCIL Item No. 8

MAYOR KIERNAN MCMANUS Staff Report COUNCIL MEMBERS:

JAMES HOWARD ADAMS CLAUDIA BRIDGES TRACY FOLDA JUDITH HOSKINS TO: Mayor McManus and City Council members

◄ ● ► FROM: Tami McKay, Acting City Clerk

MEETING LOCATION: CITY COUNCIL CHAMBER DATE: April 26, 2021 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 SUBJECT: For possible action: Resolution No. 7278, a resolution of MAILING ADDRESS: the City Council of Boulder City, Nevada, repealing and replacing 401 CALIFORNIA AVENUE Resolution No. 6506 and approving Amendment No. XXXI to the City BOULDER CITY, NV 89005 Council's Rules of Procedure to clean up language inconsistencies WEBPAGE: throughout the document and to amend Sections 3.1, 3.2, 3.3, 3.8, 3.9, WWW.BCNV.ORG 4.1 and 4.3 (as requested by Council member Folda)

◄ ● ►

ACTING CITY MANAGER: Business Impact Statement: This action will not have a significant MICHAEL MAYS, AICP economic impact on business and will not directly restrict the formation, operation, or expansion of a business. CITY ATTORNEY: BRITTANY WALKER, ESQ. Action Requested: That the City Council consider Resolution No. ACTING CITY CLERK: 7278 to repeal and replace Resolution No. 6506 and approve TAMI MCKAY, MMC, CPO Amendment No. XXXI to the City Council’s Rules of Procedure COMMUNITY DEVELOPMENT DIRECTOR: MICHAEL MAYS, AICP Overview:

PUBLIC WORKS DIRECTOR: KEEGAN LITTRELL, P.E. • The last amendment to the Council’s Rules of Procedure was approved July 12, 2016 to allow teleconferencing. UTILITIES DIRECTOR: DENNIS PORTER, P.E. • As a result of reviewing the Rules of Procedures, it was determined their were minor inconsistencies of use of words throughout the POLICE CHIEF: document TIM SHEA • Section 3.1, Regular Council Meetings. An earlier meeting time is FIRE CHIEF: being proposed for discussion and consideration WILL GRAY • Section 3.2, Special Meetings. Should not include “as provided for FINANCE DIRECTOR: in the Boulder City Charter” DIANE PELLETIER, CPA

PARKS & RECREATION DIRECTOR ROGER HALL 167 • Section 3.3, Adjourned Sessions. Removed in its entirety to comply with the Open Meeting Law (Chapter 241 of NRS) • New Section 3.3, Emergency Meetings. Added to align with the Boulder City Charter • Section 3.8, Agenda Items. Outdated information removed • Section 3.8, Agenda Items. Add a provision for submission of agenda items after the deadline • Section 3.9, Agenda Packets. Remove Boulder City Library as a public inspection location • 4.1, Chairman and Duties. Correct title from Assistant Mayor to Mayor pro tem • 4.3, Chairman and Duties. Include plural language for the word “item(s)”

Background Information:

On July 12, 2016, Rules of Procedure Amendment No. XXX was approved to allow the ability to teleconference.

The current Rules of Procedure contain language inconsistencies throughout the document. As an example, some sections referred to the Open Meeting Law, Open Meeting Law Act or Nevada Revised Statutes. For consistency, Sections 2.1, 2.5, 3.4, and 3.5, will be updated to “Open Meeting Law (Chapter 241 of NRS).”

Section 3.1, Regular Council Meetings. Regular meetings times have changed throughout history, but have been scheduled at 7:00 p.m. since the late 70s. In light of flexible work options and advanced technologies such as Live-streaming formats, an earlier meeting time is proposed to be discussed and considered. Reducing late night meetings is an opportunity to increase public participation for a transparent and accountable governance. The primary vehicle for local government participation is a public hearing which should be designed to encourage widespread participation by residents. Earlier meetings are proposed to improve the efficiency of a more productive meeting.

Section 3.2, Special Meetings. In reference to special meetings, this section stated “as provided for in the Boulder City Charter.” Special meetings are not included in the Charter; and therefore, that reference will be removed from the Rules of Procedure.

Section 3.3, Adjourned Meetings. Meetings cannot be adjourned to a later date under the Open Meeting Law (Chapter 241 of NRS); therefore, this rule will be removed in its entirety.

New Section 3.3, Emergency Meetings. New rule added to restate the ability of the Mayor or a majority of the members of the City Council to call an emergency meeting in accordance with the Open Meeting Law (Chapter 241 of NRS) and the Boulder City Charter.

168 Section 3.8, Agenda Items. This rule no longer comports with current practice, so this language will be removed in its entirety.

A new rule will be implemented to allow the City Manager, City Clerk, and members of the City Council to add items to the agenda after the 19-day deadline, if deemed necessary, but not later than 12 days preceding the day of the meeting.

Section 3.9, Agenda Packets. This section provided that agenda packets shall be available for public inspection at the Boulder City Library. This practice has not been followed in years at the request of the Boulder City Library.

Section 4.1, Chairman and Duties. Assistant Mayor will be changed to Mayor pro tem to reflect the reference included in the Boulder City Charter.

Section 4.3, Chairman and Duties. “Item” will be made plural in an effort to make it clearer that a citizen or visitor may speak once on more than one item on the agenda, upon recognition by the Chairman.

Department Recommendation: The Acting City Clerk respectfully requests the City Council consider Resolution No. 7278 to repeal and replace Resolution No. 6506 and approve Amendment No. XXXI to the City Council’s Rules of Procedure.

Attachment: Resolution No. 7278 Resolution No. 6506 Rules of Procedure with track changes Rules of Procedure (clean version)

169 RESOLUTION NO. 7278

RESOLUTION OF THE CITY COUNCIL OF BOULDER CITY, NEVADA, REPEALING AND REPLACING RESOLUTION NO. 6506 AND APPROVING AMENDMENT NO. XXXI TO THE CITY COUNCIL’S RULES OF PROCEDURE TO CLEAN UP LANGUAGE INCONSISTENCIES THROUGHOUT THE DOCUMENT AND TO AMEND SECTIONS 3.1, 3.2, 3.3, 3.8, 3.9, 4.1 AND 4.3 (AS REQUESTED BY COUNCIL MEMBER FOLDA)

WHEREAS, the City Council has adopted Rules of Procedure governing the City Council meetings; and

WHEREAS, it is desirous to clean up language inconsistencies throughout the document; and

WHEREAS, Section 3.1, has been amended to change regular City Council meeting times from 7:00 p.m. to (TBD).

WHEREAS, Sections 3.2, 3.3, 3.8, 3.9, 4.1 and 4.3 have been amended to reflect updated language; and

NOW, THEREFORE, BE IT RESOLVED that City Council approves Resolution No. 7278 repealing Resolution No. 7268 in its entirety and adopting City Council Rules of Procedure Amendment No. XXXI attached as Exhibit A.

DATED and APPROVED this 11th day of May, 2021

______Kiernan McManus, Mayor

ATTEST:

______Tami McKay, Acting City Clerk (Seal)

170 RESOLUTION NO. 6506

RESOLUTION OF THE CITY COUNCIL OF BOULDER CITY, APPROVING AMENDMENT NO. XXX TO THE CITY COUNCIL RULES OF PROCEDURE REGARDING THE ABILITY TO TELECONFERENCE

WHEREAS, the City Council has adopted Rules of Procedure governing the City Council meetings; and

WHEREAS, the current Rules of Procedure prohibit the ability to teleconference or videoconference during regular and special City Council meetings; and

WHEREAS, in 2013, the Nevada Legislature amended NRS 241 to recognize the presence of a member of a public body via electronic communication and the ability to take action via electronic communication; and

WHEREAS, the City Council desires to amend Section 2. 5 of its Rules of Procedure to allow teleconferencing and videoconferencing during regular City Council meetings and Special City Council meetings.

NOW, THEREFORE, BE IT RESOLVED that City Council hereby approves amending Section 2. 5 TELECONFERENCING under GENERAL RULES allowing teleconferencing and/ or videoconferencing during City Council and Special City Council meetings as prescribed in NRS 241. 010;

BE IT FURTHER RESOLVED that this amendment to the Rules of Procedure, attached as Exhibit A, will become known as Amendment No. XXX.

DATED and APPROVED this 12th day of July, 2016.

Rodney Woodbury, Mayor

ATTEST: e - rr

Lorene Krumm, City Clerk

171 172 173 174 175 Rules of Procedure Exhibit A Page 1

CITY COUNCIL BOULDER CITY, NEVADA

RULES OF PROCEDURE AMENDMENT NO. XXXI

l. AUTHORITY

The Boulder City Charter provides in Section 18 that the Council may determine its own rules of procedure for meetings. The following set of rules shall be in effect upon their adoption by the City Council and until such time as they are amended or new rules adopted in the manner provided by these rules.

2. GENERAL RULES

2.1 MEETINGS TO BE PUBLIC: All official meetings of the Council shall be open to the public with the exception of executive sessions for certain limited topics as defined by the Open Meeting Law (Chapter 241 of NRS).

2.2 QUORUM: Three Council members shall be in attendance to constitute a quorum, and be necessary for the transaction of business. If a quorum is not present, those in attendance will be named and they shall adjourn to a later time.

2.3 RULES OF ORDER: Robert's Rules of Order Newly Revised shall govern the proceedings of the Council in all cases,unless they are in conflict with these rules.

2.4 PRAYER: A non-denominational prayer may be offered prior to the opening of Regular City Council meetings.

2.5 TELECONFERENCING/VIDEOCONFERENCING: Teleconferencing and/or videoconferencing shall be allowed during City Council meetings or any other Special City Council meeting in accordance with the provisions of the Open Meeting Law (Chapter 241 of NRS).

3. TYPES OF MEETINGS

3.1 REGULAR COUNCIL MEETINGS: Regular meetings of the Council shall be held on the second and fourth Tuesday of each month, except for the months of July and December, when the second meetings will be vacated. A change of any one regular meeting date may be made by motion duly passed at a regular meeting. Recessed or adjourned meetings (except adjournment without time

176 Rules of Procedure Exhibit A Page 2

stated) may be held at any time as provided by motion duly passed at any stated meeting, and special meetings may be held in accordance with provisions of the Charter and Nevada Open Meeting Law. The regular meetings shall be held at 5:00 p.m.

3.2 SPECIAL MEETINGS: Special meetings may be called at the request of the Mayor or by the request of the majority of the members of the City Council. Notice of such session shall be made by agenda handled in the same manner as that of a regular session. Time for the special meetings shall be determined by the concurrence of the Council members present at the time such meeting is proposed.

3.3 EMERGENCY MEETINGS: The Mayor or a majority of the members of the City Council may call an emergency meeting in accordance with the Open Meeting Law (Chapter 241 of NRS)

3.4 WORKSHOP SESSIONS: The Council may meet informally in study sessions which are open to the public, with an agenda properly noticed as required by the Open Meeting Law (Chapter 241 of NRS), to review forthcoming programs of the City, receive progress reports or similar information, provided that all discussions and conclusions thereon shall be informal.

3.5 EXECUTIVE SESSIONS: Executive sessions or closed meetings may be held in accordance with the provisions of the Open MeetingLaw (Chapter 241 of NRS).

3.6 COMMITTEE MEETINGS: A maximum of two Council members may be appointed to a specific Committee for meetings on special projects.

3.7 ORDER OF BUSINESS: The order of business on the agenda shall be adjusted at the discretion of the City Clerk, except that the first item shall be "APPROVAL OF THE AGENDA." The second item shall be "APPROVAL OF THE CONSENT AGENDA." The consent agenda may contain those items to be considered as relatively minor items that require no discussion, but which must be approved by the Council, and can be approved by one motion and vote. Any item on this list can be removed and added to the regular agenda by motion and vote under "APPROVAL OF THE AGENDA."

3.8 AGENDA ITEMS: Agenda items can only be submitted by members of the Council, its appointed officers, and by the Chairmen of the Commissions and Committees, the members of which are appointed by the City Council. Matters to be considered by the Council at a regular meeting and to be included on an agenda must be submitted by staff in writing to the City Clerk no later than 6:00 p.m. Thursday, nineteen days preceding the day of the meeting. .

The City Manager, City Clerk, and members of the City Council may add items to the agenda after the deadline if it is deemed necessary, but no items shall be

177 Rules of Procedure Exhibit A Page 3

added later than 12 days preceding the day of the meeting , unless the item is an emergency in nature.

3.9 AGENDA PACKETS: No later than Thursday, five calendar days preceding a regular meeting of the City Council, the City Clerk shall prepare and submit to the Council an agenda packet setting forth the matters to be considered at said meeting. The agenda packets submitted to the Council and its appointed officers and the public shall be accompanied by copies of the pertinent information relating to the agenda items, such as resolutions, ordinances, and background information for the matters to be considered at said meeting. Copies of the agenda and the agenda background information shall be made available to the press and public. A copy of the agenda shall be posted on the bulletin board at City Hall and at least three other public and prominent places within Boulder City. The notice shall include the time, place, location, and agenda of the meetings. The agenda packet shall be available for public inspection at the City Clerk’s Office, 401 California Avenue, Boulder City, Nevada and the Boulder City website, www.bcnv.org .

4. CHAIRMAN AND DUTIES

4.1 CHAIRMAN: The Mayor, when present, shall preside as chairman at all meetings of the Council. In the absence of the Mayor, the Mayor pro tem shall preside. The Chairman of any meeting of the Council shall have the same right as any other member of the Council to initiate or second a motion, question or debate, and vote on a motion.

4.2 The Chairman shall preserve order and decorum, and confine members in debate to the question under discussion. The Chairman shall determine all points of order.

4.3 Any citizen or visitor may speak once on any items on the agenda upon recognition by the Chairman. All speaker comments shall be limited up to five minutes.

4.4 Unless a roll call vote is requested, the vote on any motion, resolution or ordinance shall be by voice vote.

4.5 If it is desired to transact business out of its order, it is necessary to amend the agenda, which can be done with motion duly passed.

5. SUSPENSION AND AMENDMENT OF THESE RULES

5.1 SUSPENSION OF THESE RULES: Any provision of these rules not governed by the Boulder City Municipal Code may be temporarily suspended by a vote of

178 Rules of Procedure Exhibit A Page 4

a majority of the City Council.

5.2 AMENDMENT OF THESE RULES: These rules may be amended or new rules adopted by Resolution of this City Council and at least three affirmative votes shall be required for adoption.

ADOPTED this 11th day of May, 2021.

______Kiernan McManus, Mayor

ATTEST:

______Tami McKay, Acting City Clerk

(Seal)

179 Nevada 2021 legislative session

SUBJECT: For possible action: Discussion, update, and City staff direction regarding the City’s position on certain bills introduced during the Nevada 2021 Legislative Session

ADDITIONAL INFORMATION: ATTACHMENTS: Description Type Staff Report Cover Memo Legislative Update Backup Material

180 City Council Meeting May 11, 2021

Item No. 9 BOULDER CITY CITY COUNCIL Staff Report

MAYOR KIERNAN MCMANUS TO: Mayor and City Council COUNCIL MEMBERS: JAMES HOWARD ADAMS FROM: Brittany Walker, Acting City Attorney CLAUDIA M. BRIDGES TRACY FOLDA JUDITH A. HOSKINS DATE: May 11, 2021 ◄ ● ► SUBJECT: For possible action: Discussion, update, and City staff MEETING LOCATION: direction regarding the City’s position on certain bills introduced during CITY COUNCIL CHAMBER the Nevada 2021 legislative session 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 Business Impact Statement: MAILING ADDRESS: This action will not have a significant economic impact on business and 401 CALIFORNIA AVENUE BOULDER CITY, NV 89005 will not directly restrict the formation, operation, or expansion of a business. WEBPAGE: WWW.BCNV.ORG Action Requested: ◄ ● ► That the City Council receive update on certain legislation impacting the City of Boulder City. ACTING CITY MANAGER: MICHAEL MAYS, AICP Overview: ACTING CITY ATTORNEY: • The Nevada Legislature convenes once every two years to enact BRITTANY LEE WALKER, ESQ and modify various Nevada State laws, including those impacting ACTING CITY CLERK: local government. TAMI MCKAY, MMC, CPO • Nevada’s local governments provide input each legislative session ADMINISTRATIVE SERVICES DIRECTOR: regarding how legislation will impact their citizens and government BRYCE BOLDT operations. COMMUNITY DEVELOPMENT DIRECTOR: • Section 8 of the City of Boulder City Charter vests the MICHAEL MAYS, AICP determination of all matters of policy in the City Council. PUBLIC WORKS DIRECTOR: KEEGAN LITTRELL, P.E. Background Information: st UTILITIES DIRECTOR: On February 1, 2021, the Nevada Legislature covened the 81 (2021) DENNIS PORTER, P.E. Session. In an unprecedented and anomalous year that has altered

POLICE CHIEF: our way of life due to the COVID-19 pandemic, the Nevada TIM SHEA Legislative building has been closed to the public, and committees are

FIRE CHIEF: meeting virtually to conduct their business, holding public comment by WILLIAM GRAY, CFO telephone. In mid-April the legislative building was opened to the public on a limited basis. FINANCE DIRECTOR: DIANE PELLETIER, CPA

PARKS & RECREATION DIRECTOR ROGER HALL 181 The City has retained Lisa Foster and her team at Foster Consulting to assist and represent the City this Legislative Session. Lisa conducts the initial review of each bill, and then distributes bills that may impact the City to the appropriate department head or City staff person. City staff has diligently reviewed each bill published and assessed its impact to the City. Attached is a memorandum listing bills the City Council should be aware of and staff’s recommended City position and action.

There are just 20 days left of Nevada's 120-day session. The legislature is now working to wrap up budgets and considering policy bills introduced in the other house in addition to those policy bills that have been declared exempt from the deadlines. Many federal dollars are still not available to assist in back-filling the budgets. A special session in June or July is expected to appropriate money from the Biden Administration's Rescue Plan, Infrastructure Plan, or now a possible third relief package. The Economic Forum met on Tuesday, May 4, 2021 to forecast what anticipated revenues.

Your Acting City Attorney visted Carson City April 30, 2021 through May 3, 2021 and held meetings with the Boulder City delegation, the Chair of Senate Judiciary, the Chair of Assembly Judiciary and Speaker Pro Tem, the Chair of Assembly Revenue, and the Chair of Assembly Government Affairs to discuss various bills affecting the City. The legislature continues to address peace officer legislation, criminal justice reform, and other various policy impacting local government. City staff will continute monitor all these bills and any amendments on behalf of the city.

With regard to budget matters affecting the City, on May 4, 2021, the Joint Senate Finance and Assembly Ways and Means Capital Improvement Project subcommittee unianimously approved a $20,000,000 state general obligation bond appropriation that included monies set aside for the Boulder City Railroad Museum planning and Development. The item will now go before the full committee for approval.

Attached is your legislative update showing the status of legislation. Little has changed as the legislature is still hearing bills in the second house and considering possible amendments. During the following meeting, there will be a larger update on how the bills have changed and what bills are no longer moving forward.

Boulder City Strategic Plan Goal: Goal A. Achieve Prudent Financial Stewardship; Goal C. Manage Growth & Development.

Department Recommendation: The Acting City Attorney respectfully requests that the City Council receive briefing on certain legislation impacting the City of Boulder City contained within the attached memorandum.

Attachments: • Memorandum: 2021 Nevada Legislative Session Update & Direction

182 MEMORANDUM

TO: Mayor and City Council FROM: Michael Mays, Acting City Manager and Director of Community Development Brittany Walker, Acting City Attorney SUBJECT: 2021 Nevada Legislative Session Update & Direction DATE: May 11, 2021

Staff has updated the summary of the major bills currently being considered by the Nevada Assembly and Senate. The bills are provided below with links to detailed information. Each bill has staff’s position and recommended action provided. High priority bills are bills that will likely impact the City or could have a large impact if amended/not amended. Medium priority bills are those that may or may not impact the City, but we have a special interest that requires us to track the bill more closely. Please let us know if you have any questions.

AB 42 – Medium Priority

Makes various changes relating to criminal law and criminal procedure. In 2019, the Nevada Supreme Court held that a battery which constitutes domestic violence is punishable as a misdemeanor pursuant to NRS 200.485 and is a serious offense if it imposes a limitation on the possession of a firearm, thereby triggering a constitutional right to a jury trial. Section 2 of this bill expands the courts in which such cases must be tried by a jury, which would necessarily include a justice court and municipal court for certain cases required to be so tried by the United States Constitution, the Nevada Constitution or statute. This bill was requested by the City of Henderson. This bill would allow Boulder City Municipal Court to allow the Nevada Eighth Judicial District Court to try certain cases by jury, however the Municipal Court has the necessary infrastructure in place to conduct jury trials. This bill is not anticipated to impact Boulder City. Amendment provides a minimum number of jurors at 12 but allows parties to stipulate to less (not less than 6). https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7293/Overview

Position: Neutral

Action: Track

AB58 – High Priority The measure authorizes the attorney general to file a civil action to eliminate certain patterns or practices that deprive persons of certain rights, privileges, or immunities. Before filing a civil action, the attorney general must notify the governmental authority and provide the factual basis that supports his or her reasonable cause to believe that a violation has occurred. If the governmental authority has not changed or eliminated the pattern or practice within 60 days after receiving such notification, the attorney general may file a civil action. All law enforcement agencies are in support of this bill as amended. This bill no longer seeks concurrent jurisdiction over law enforcement use of force investigations. https://www.leg.state.nv.us/App/NELIS/REL//81st2021/183 Bill/7311/Overview Position: Support as amended.

Action: Track.

AB63 – Medium Priority

Makes various changes relating to the financial administration of local governments. (BDR 31-404). League of Cities bill on redefining “emergency” and allowing for the expanded use of disaster funds established to mitigate emergencies. https://www.leg.state.nv.us/App/NELIS/REL//81st2021/Bill/7316/Overview

Position: Neutral

Action: Track

AB65 – Medium Priority

Revises provisions relating to ethics in government. (BDR 23-257). The Ethics Commissioner’s omnibus clean-up bill. It makes various revisions to clarify and strengthen the authority of the Ethics Commission in Nevada. https://www.leg.state.nv.us/App/NELIS/REL//81st2021/Bill/7318/Overview

Position: Neutral

Action: Track

AB66 – Medium Priority

Revises provisions relating to the abatement of certain taxes. (BDR 32-266). Existing law allows the Office of Economic Development to abate certain taxes for eligible businesses, this bill requires an agreement to be entered into within a year of the abatement application. https://www.leg.state.nv.us/App/NELIS/REL//81st2021/Bill/7319/Overview

Position: Neutral

Action: Track

AB77 – Medium Priority

Revises provisions concerning the Department of Veterans Services and certain advisory public bodies relating to veterans. (BDR 37-285). Changes the term lengths of two of the advisory groups over the Veterans Cemetery. https://www.leg.state.nv.us/App/NELIS/REL//81st2021/Bill/7330/Overview

Position: Neutral

Action: Track

1842 AB 116 – High Priority

Converts all minor traffic violations from criminal misdemeanors to civil infractions. The biggest concerns are traffic safety and financial impact. Making all traffic violations civil infractions will severely impact the enforcement of traffic laws via fine collections for municipal courts. The Boulder City Municipal Court's fines bring in about $500,000 per year into the City's general fund. If these matters become civil there will be less ability to enforce the judgment and collect these fines. The City Attorney will have to file a writ of execution or send the fine to a collection agency. Civil citations would result in less revenue leaving the City responsible for more of the Court's budget. There is concern that without accountability, traffic safety will decrease, and we will all be at more risk on the roads. In addition, this bill, if passed as-is, will create many logistical issues regarding the way drivers are cited and how those citations are tracked in the Court. This will require expenses for both the Police Department and the Court. The Police Department would have to update its ticket writing software and the Court would have to change or update its case management system. Clarifying amendments were made but our concerns have not been eliminated. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7436/Overview

Position: Oppose

Action: Work with bill sponsor on amendments to mitigate impacts. Testify in opposition unless an amendment alleviating concerns is put forth.

AB 121 – Medium Priority

This bill allows disabled voters to use the system of approved electronic transmission currently limited for use by military-overseas individuals to register to vote or vote absentee. It is important to note, that voting accommodations for voters with disabilities already exist. In fact, in April 2020, Nevada’s Effective Absentee System for Nevada residents with disabilities was also implemented. If someone with a disability cannot appear in-person at the Election Department, the Election Department will send an official to you. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7442/Overview

Position: Neutral

Action: Track

AB 126 – Medium Priority

Provides for presidential preference primary election and eliminates the presidential caucus. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7448/Overview

Position: Neutral

Action: Track

AB 131 – Medium Priority

This bill expands the types of peace officers who are required to wear a portable event recording device to include peace officers who are: (1) in uniform; and (2) on duty that may involve interaction with a member of the public. Nevada’s law enforcement agencies are 1853 opposed to this bill. This bill was referred to Ways & Means without recommendation and is exempt. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7454/Overview

Position: Oppose

Action: Track

AB 133 – Medium Priority

This bill changes the required programs of continuing education for police officers. Staff has concerns because this bill it does not allow individual law enforcement agencies to tailor their training to their jurisdictions’ needs. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7456/Overview

Position: Oppose

Action: Track

AB 146 – High Priority

This bill requires “the State Department of Conservation and Natural Resources to establish a program to reduce, control and mitigate water pollution from diffuse sources in this State and sets forth requirements for the program, which include identifying the major categories of diffuse sources that contribute to water pollution in this State.” Note that diffuse sources would include non-point discharges such as storm runoff from construction sites, parking lots, industrial sites, etc. The bill was amended to address our concerns. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7475/Overview

Position: Neutral

Action: Track

AB 151 – High Priority

Removes a court’s ability to suspend a driver’s license for failure to pay a delinquent fine on a traffic citation. Staff is concerned because this has been a way to hold drivers accountable, especially out-of-state drivers. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7486/Overview

Position: Neutral, with concerns but this bill is especially problematic if passed in conjunction with AB 116.

Action: Track closely

AB 170 – Medium Priority

The bill would require a hearing, if one is requested, for a person arrested for instigating animal fights or torturing animals.

1864 The hearing would determine by a preponderance of the evidence whether the person who is issued a citation or arrested for the violations: (1) is the owner of the impounded animal; (2) committed the applicable violation; and (3) if applicable, is able and fit to provide adequate care and shelter to the animal.

In addition, the bill authorizes the animal rescue organization, animal shelter or person to whom the ownership of the animal is transferred to sell the animal at auction, humanely destroy the animal or continue to care for the animal, as the organization, shelter or person sees fit. The Sponsor incorporated our amendment to clarify municipal court jurisdiction over these hearings. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7522/Overview

Position: Support

Action: Testify in support, we are one of the few entities that operate our own shelter, and our input may be helpful on this bill.

AB 220 – Medium Priority

This bill: (1) requires each law enforcement agency to adopt a written policy establishing standards of conduct for the use of a mobile device issued by the law enforcement agency to any peace officer employed by the agency; and (2) sets forth specific requirements relating to the policy including a prohibition on mobile applications that use end-to-end encryption. We are concerned with the lack of definition for a mobile device. Amended to add an intent element prohibiting the use of end-to-end encryption on mobile devices. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7647/Overview

Position: Oppose

Action: Work with stakeholders to mitigate concerns.

AB 243 – Medium Priority

This bill creates the Nevada Police Reform Advisory Task Force under the POST Commission and this bill requires each prosecutorial office in this State to establish a system of race-blind charging to be used when determining whether criminal charges should be filed against a person. This bill, as written, would establish onerous requirements on both our police department and the City Attorney’s office. The amendment has removed the task force and made the race-blind charging provisions permissive rather than mandatory. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7698/Overview

Position: Neutral

Action: Track

AB 249 – Medium Priority

Requires the City to establish construction working hours by ordinance providing that work must not begin before 5 a.m. on Mondays through Fridays from May through September.

1875 Amended to remove the above requirement and instead prohibit an HOA from restricting construction hours if a governing body has adopted such an ordinance. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7709/Overview

Position: Neutral

Action: Track

AB 253 – High Priority

Under existing Open Meeting Law (OML), subcommittees or working groups consisting of a majority membership made up of members of the public body or staff are subject to OML if they are authorized to make recommendations. This bill clarifies that at least two members of the public body must be members of the public body for the OML to apply. This bill also makes other miscellaneous clarifying changes to the OML such as the ability to use virtual meetings to meet OML requirements, and defining the term “administrative action.” The definition of administrative action was removed by amendment. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7713/Overview

Position: Support

Action: Testify in support.

AB 268 – High Priority

This bill requires each law enforcement agency to adopt a written policy regarding use of force; and establishes certain requirements concerning the written policy. This bill also prohibits a peace officer from using deadly force against a person based on the danger that the person poses to himself or herself if a reasonable peace officer would believe that the person does not pose an imminent threat of death or serious bodily harm to the peace officer or another person. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7735/Overview

Position: Neutral

Action: Track

AB 296 - Medium Priority

Establishes the crime of doxxing which is a form of online harassment that targets a specific person via the publishing of personal information. This is punishable as a misdemeanor up to a category D felony based on the severity. Amendment removed the criminal penalties. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7798/Overview

Position: Neutral

Action: Track

1886 AB 304 – Medium Priority

Requires the POST commission to adopt regulations establishing, among other things, standards for programs of continuing education for peace officers, including minimum courses of study, and must require all peace officers to complete not less than 12 hours of continuing education courses annually that address: (1) racial profiling; (2) mental health; (3) officer well-being; (4) implicit bias recognition; (5) de-escalation; (6) human trafficking; and (7) firearms. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7808/Overview

Position: Neutral

Action: Track

AB 315 – Medium Priority

This bill requires the employer of a police officer or firefighter to make available to the police officer or firefighter: (1) during the course of employment, information relating to the awareness, prevention, mitigation and treatment of mental health issues, including, without limitation, post-traumatic stress disorder, depression, anxiety and acute stress; and (2) before the police officer or firefighter retires, not more than 2 hours of counseling from a mental health professional to discuss the symptoms, prevention, mitigation and treatment of mental health issues, including, without limitation, post-traumatic stress disorder, depression, anxiety and acute stress. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7832/Overview

Position: Neutral

Action: Track

AB 320 – Medium Priority

Enabling small rural Cities like Boulder City to allow ATVs on public roadways if the ATV is street ready and registered with the DMV. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7841/Overview

Position: Neutral

Action: Track

AB 321 – Medium Priority

Creates a universal mail voting system. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7842/Overview

Position: Neutral

Action: Track

1897 AB 335 – Medium Priority

Existing law requires a proposal for a redevelopment project in cities with populations of 500,000 or more to include an employment plan. This bill requires additional workforce diversity measures in such employment plans. This bill does not impact Boulder City. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7862/Overview

Position: Neutral

Action: Track

AB 336 – Medium Priority

This bill requires the POST Commission to adopt regulations establishing annual behavior healthcare assessments for peace officers. We have concerns because this bill, as written, could require decertifying for a medical reason, which means we would be firing for medical reasons. This would also require the POST Commission to conduct frequent executive sessions which they are currently not set up to employ. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7863/Overview

Position: Oppose as written

Action: Work with interested parties to mitigate concerns.

AB 338 – Medium Priority

This bill would expand the types of bonds states and local governments are authorized to invest in. This bill would not impact Boulder City. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7866/Overview

Position: Neutral

Action: Track

AB 339 – Medium Priority

This bill authorizes a justice court or municipal court to establish a program for the treatment of defendants convicted of misdemeanor battery which constitutes domestic violence. The language is permissive not mandatory. It is City staff’s position that treating underlying causes of an offense helps to end recidivism. We would like to seek one clarifying change. The bill provides that even though upon successful completion of the diversion program the charge is dismissed, it still can be used for enhancement of a subsequent charge within 7 years. However, the bill requires that the record be sealed after the successful completion of the diversion. The problem is that if the record is sealed, how would the prosecutor in the second case know of the first case to seek the enhancement in that second case. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7876/Overview

Position: Support

Action: Support with clarifying amendment.

1908 AB 363 – High Priority

This bill would require the City to regulate Airbnbs. Some in our community are staunchly opposed to Airbnbs being here at all. Local governments should have the ability to choose whether they want to regulate or prohibit this activity all together. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7933/Overview

Position: Oppose

Action: Work with sponsor to mitigate impact.

AB 376 – Medium Priority

Enacts the Keep Nevada Working Act and would establish a task force responsible for researching, developing strategies and providing recommendations for attracting and retaining immigrant workers and business owners. This bill also prohibits state and local law enforcement agencies from working with immigration authorities which has been controversial. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7955/Overview

Position: Neutral

Action: Track

AB 385 – Medium Priority

This bill would prohibit the lump pay out of severance and benefits to public officers (appointed by the public body) who resign upon the initiation of an investigation or terminated as a result of an investigation. https://www.leg.state.nv.us/App/NELIS/REL/81st2021

Position: Neutral

Action: Track

AB 396 – High Priority

Section 2 of this bill limits the persons authorized to use deadly force to effectuate an arrest to a peace officer, rather than an officer, and requires the peace officer to have probable cause to believe that the person: (1) has committed a felony involving the infliction or threat of serious bodily harm or the use of deadly force; and (2) poses an imminent threat of serious bodily harm to the peace officer or others. Under existing law this is a disjunctive rather than a conjunctive condition precedent to deadly force.

Section 1 of this bill revises the persons who are authorized to assert that a homicide was justifiable to include peace officers and persons acting under the command and in the aid of a peace officer, rather than public officers and persons acting under the command and in the aid of a public officer.

Section 1 also limits the circumstances under which a homicide committed by any such person is justifiable to those circumstances where the homicide: (1) is committed in 1919 obedience of the judgment of a court; or (2) results from the use of deadly force by a peace officer in accordance with section 2.

Staff is concerned with this bill. The change would prohibit use deadly force until a felony has been committed. By then, it is too late. Deadly force is an amount of force that could result in serious bodily injury or death and may need to be exercised before a felony has been committed. Often deadly force does not even require a weapon. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8007/Overview

Position: Oppose

Action: Work with interested parties to mitigate concerns.

AB 408 – Medium Priority

Requires County and Cities to adopt an ordinance requiring hotels.com like websites to collect room taxes. This bill was amended and is now a room tax study. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8033/Overview

Position: Neutral

Action: Track

AB 409 – Medium Priority

This bill requires the Commission to adopt regulations concerning the recruitment and selection of peace officers, which include evaluations to identify implicit bias on the part of a peace officer on the basis of race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression. We have concerns about the unreliability of the tests required to be used by this bill. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8035/Overview

Position: Oppose as written

Action: Work with interested parties to mitigate concerns.

AB 410 – Medium Priority

Removes expiration of Construction Manager at Risk and requires Construction Manager as Agent contracts to be competitively bid by request for qualifications. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8036/Overview

Position: Neutral

Action: Track

AB 425 – High Priority

This bill would also establish the Criminal Forfeiture Process Act and training for officers under it.

19210 https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8071/Overview

Position: Neutral

Action: Track

SB 11 – Medium Priority

Authorizes certain incorporated cities in Washoe County to impose a supplemental governmental services tax on vehicles. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7186/Overview

Position: Neutral

Action: Track

SB31 – Medium Priority

Makes various changes relating to public safety, and would, among other things, increase the information in the criminal record database and permit Boulder City to obtain more complete records information. https://www.leg.state.nv.us/App/NELIS/REL//81st2021/Bill/7206/Overview

Position: Support

Action: Track

SB52 – Medium Priority

Requires the establishment of a program for awarding a dark sky designation to certain sites in this State. (BDR 35-427). Under existing law, the Administrator of the Division of Outdoor Recreation in the State Department of Conservation and Natural Resources is required to perform various duties relating to the promotion, coordination and advocacy of outdoor recreation in Nevada. (NRS 407A.570) This bill requires the Administrator to establish by regulation a program for awarding a dark sky designation to sites in Nevada, including communities, parks, reserves and byways. https://www.leg.state.nv.us/App/NELIS/REL//81st2021/Bill/7230/Overview

Position: Neutral

Action: Track

SB57 – Medium Priority

Revises provisions governing the imposition of certain special assessments by a board of county commissioners. (BDR 20-403). Authorizes a county to add related fines and fees to the special assessment created for abatements and related charges due to nuisances or graffiti. This bill was amended to allow Cities to do the same. https://www.leg.state.nv.us/App/NELIS/REL//81st2021/Bill/7241/Overview

19311 Position: Neutral

Action: Track

SB59 – Medium Priority

Revises provisions concerning the judicial review of decisions of the Public Utilities Commission of Nevada. (BDR 58-331). Limits the scope of judicial review over PUCN decisions. This bill will not impact Boulder City. https://www.leg.state.nv.us/App/NELIS/REL//81st2021/Bill/7243/Overview

Position: Neutral

Action: Track

SB60 – Medium Priority

Revises provisions governing vehicles. (BDR 43-307). Includes prohibitions on including the city logo, etc. on investigative vehicles. Portion that applies to undercover law enforcement vehicles does not have a significant impact on Boulder City operations. However, may be cumbersome for larger agencies, and will require a little closer tracking on Boulder City’s part. https://www.leg.state.nv.us/App/NELIS/REL//81st2021/Bill/7245/Overview

Position: Neutral

Action: Track

SB67 – Medium Priority

Revises provisions relating to public works. (BDR 28-400). Clark County public works bill allowing for retainer agreements for minor public works projects. Section 2 of this bill creates a new alternative procedure for awarding a contract for a public work by authorizing a public body to enter job order contracts for the maintenance, repair, alteration, demolition, renovation, remediation or minor construction of a public work. Section 2 requires such a contract to be for a fixed period and provide for indefinite types and quantities of work and delivery times. Section 2 also limits the total amount of job order contracts awarded annually by each public body. Such contracts must be advertised. https://www.leg.state.nv.us/App/NELIS/REL//81st2021/Bill/7272/Overview

Position: Neutral

Action: Track

SB74 – Medium Priority

Revises provisions relating to the population total used in determining the distribution of certain taxes. (BDR 32-281). A BCCRT and SCCRT bill. Section 1 of this bill eliminates, for certain taxes, the requirement to use the population totals of the Bureau of the Census of the United States Department of Commerce in the case of a conflict with the population totals of the Governor. During a recent conversation with other Finance Directors in the valley,

19412 concern was expressed about this bill. The sentiment is the inconsistency with which population numbers are used could result in reduced allocations. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7296/Overview

Position: Oppose.

Action: Track

SB 138 – Medium Priority

This bill is advocated for by the City of Henderson and provides enabling language for local governments to utilize planned unit developments (PUDs). A PUD is a type of building development and a regulatory process. As a building development, it is a designed grouping of both varied and compatible land uses, such as housing, recreation, commercial centers, and industrial parks, all within one contained development or subdivision. Our City code provides for PUD’s but they are little used. However, providing cities with greater local control in zoning matters would be a benefit to Boulder City. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7514/Overview

Position: Neutral

Action: Track

SB 141 - Medium Priority

Under existing law, public bodies are authorized to construct public works under certain circumstances through a method by which a construction manager at risk (CMAR) provides preconstruction services on the public work and, in some cases, construction services on the public work with a guaranteed maximum price, a fixed price or a fixed price plus reimbursement for certain costs. (NRS 338.1685-338.16995) Existing law eliminates the authority for public bodies to enter contracts with CMARs effective June 30, 2021. This bill removes the prospective expiration of this authority, thereby making the authorization to enter contracts with CMARs permanent. Boulder City rarely utilizes CMAR contracts because the project cost threshold is too high for CMARs to be utilized. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7520/Overview

Position: Neutral, with support of any conversation to lower threshold amounts.

Action: Track

SB 150 – High Priority

This bill requires, with certain exceptions, a governing body to allow tiny houses in all zoning districts that allow single-family residences. The concept for tiny homes is to provide an alternative affordable housing option like accessory dwellings and mobile home parks. This bill puts into place the standards for the review of these types of dwelling units including inspection requirements. However, this bill would mandate local jurisdictions to allow tiny homes wherever single-family homes are permitted. Cities should be able to decide like our mobile home, RV park and single-family home zoning district where such dwelling units should be located.

19513 https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7544/Overview

Position: Opposed as written.

Action: Support the League and North Las Vegas’ effort to create permissive and advisory legislation vs. a state mandate.

SB 212 – Medium Priority

This bill provides that before resorting to a higher level of force, a peace officer is required to use de-escalation techniques and alternatives to higher levels of force that are consistent with the training of the peace officer. If the peace officer uses a higher level of force, the peace officer must: (1) if it is possible for the peace officer to do so safely, identify himself or herself as a peace officer; and (2) use only the amount of force objectively reasonable to safely accomplish a lawful purpose. This bill further requires law enforcement agencies to adopt a written policy on the threat certain persons pose to peace officers or others. Nevada’s law enforcement agencies were supportive of this bill after minor changes in an amendment was proposed. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7673/Overview

Position: Neutral

Action: Track

SB 219 – High Priority

Removes a court’s ability to suspend a driver’s license for failure to pay a delinquent fine on a traffic citation. Staff is concerned as this has been a way to hold drivers accountable, especially out-of-state drivers. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7690/Overview

Position: Neutral, with concerns but this bill is especially problematic if passed in conjunction with bills to convert traffic infractions from criminal to civil.

Action: Track closely

SB 236 – Medium Priority

This is an omnibus police reform bill. This bill requires every law enforcement agency to establish an early warning system for the purpose of identifying peace officers employed by the law enforcement agency who display bias indicators or other problematic behavior. Existing law generally requires a person upon whom some or all the powers of a peace officer are conferred to be certified by POST. (NRS 289.550) This bill provides that before such a person may be certified by POST, the person is required to have: (1) at a minimum, received an associate degree; or (2) completed at least 2 years of military service. This bill also imposes liability on peace officers and the public bodies that employ them for deprivation of constitutional rights. This bill also creates a mechanism for traffic stop data collection.

19614 Finally, this bill requires an interim study relating to the establishment of crisis response call centers.

The amendment proposed by the sponsor on March 31, 2020 removes the minimum education requirements and liability provisions. The remainder of the bill remains intact.

Staff’s primary concern with this bill is the codification of many factors that should be addressed by policies and regulations rather than by statute. Staff is also concerned with the data collection for traffic stops. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7752/Overview

Position: Oppose, as written.

Action: Work with interested parties to mitigate concerns.

SB 283 – High Priority

This bill allows local governments to create qualified improvement districts for energy efficiency improvement projects, renewable energy projects, resiliency projects and water efficiency improvement projects. All involved landowners must consent to the project. The district would allow the City to levy an assessment on the district to pay for the project. The City would not be responsible for the construction of the project or any delays or defects. Essentially, this bill just expands the types of projects that qualified improvement districts may be used for. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7611/Overview

Position: Neutral

Action: Track

SB 284 – Medium Priority

This bill revises the procedure for the issuance of transferable affordable housing tax credits so that the transferable tax credits are issued before, rather than after, the project is completed, and removes the expiration date of the program. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7887/Overview

Position: Neutral

Action: Track

SB 286 – Medium Priority

This bill revises the definition of "supervisory employee" for the purposes of collective bargaining to include peace officers. 19715 https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7889/Overview

Position: Neutral

Action: Track

SB 292 – Medium Priority

This bill essentially allows a person to literally vote party-line by just checking one box for a party-affiliation and makes conforming changes. Additionally, if there is a vacancy in the state legislature, existing law requires the Board of County Commissioners to appoint. This bill would require the majority leader or minority leader of the house of which the former member was a member to recommend candidates to the county commission for appointment (this is in practical terms what already occurs). https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7895/Overview

Position: Neutral

Action: Track

SB 293 – Medium Priority

Prohibits the use of wage and salary information in hiring decisions. Amendment authorizes NERC to issue right to sue letter for unauthorized use of wage or salary information. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7896/Overview

Position: Neutral

Action: Track

SB 294 – High Priority

The bill provides for binding fact finding whenever a non-public safety union and the employer reach impasse. The amendment allows the parties to submit the findings and recommendations of the first fact finder to a second fact finder and that decision is binding. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7898/Overview

Position: Oppose

Action: Track

19816 SB 297 – Medium Priority

This bill does the following: requires local government to do an inventory of vacant and blighted lands that could be used for urban agriculture; authorizes use of City-owned land for urban gardens; and requires the governing body of a city or county to encourage the development of community gardens and urban farms, including by making available any existing federal, state or local resources to persons seeking to develop a community garden or urban farm. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7901/Overview

Position: Neutral

Action: Track

SB 369 – High Priority

This bill would revise the criminal procedures surrounding bail of an arrested person. Prosecutors would be required to provide clear and convincing evidence that the imposition of bail is necessary to protect the community and ensure that the defendant appears in court. Procedurally, we do not think this would have a great impact on the City. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8044/Overview

Position: Neutral

Action: Track

SB 401 – High Priority

Would require the Municipal Court to track certain information about bail. This bill will require the Court to maintain records regarding 12 areas relative to individuals that are incarcerated. Most of these areas will require records or compilation of data beyond what we now capture and then to send those documents to the Supreme Court to compile for the Legislature. We anticipate that this will require an additional full-time employee for our Court and changes to our case management system. The Supreme Court’s fiscal impact for this bill is $5.1 million. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8106/Overview

Position: Neutral

Action: Work with interested parties to mitigate concerns.

19917 Bills that failed the deadline for Committee Passage (First House)

AB 10

Revises provisions relating to vehicular manslaughter. North Las Vegas’s bill increasing penalty for vehicular manslaughter.

AB39

Revises provisions relating to public records. (BDR 19-333). Provides much needed clarifications in public records law, such as by defining the term “public record.” Also mitigates problems related to the release of records prior to a final product being ready for the public to see.

AB 99

Would decrease the prevailing wage applicability threshold from $250,000 to $100,000.

AB 134

Assembly Bill No. 4 (A.B. 4) of the 32nd Special Legislative Session: (1) enacted various procedures for conducting certain elections affected by a disaster or emergency, including, requiring that mail ballots be sent to all active registered voters; (2) revised certain provisions relating to voting by absent ballot or mailing ballot; and (3) revised certain procedures for verifying and counting absent ballots and mailing ballots. This bill repeals these provisions and reinstates the procedures and provisions for elections that existed before the passage of A.B. 4. Under existing law, there are certain election procedures for state, county and city elections relating to absent ballots distributed to absent voters who do not vote at polling places. This bill would have minimal impact to the City of Boulder City.

AB 137

This bill would require proof of identification in order to cast a ballot in person. In addition, this bill would only allow a family member to return a mail-in ballot, which may burden elderly citizens that do not have a family member but rely on unrelated individuals to return mail-in ballots. This bill would not impact the City of Boulder City’s election processes.

AB 162

Existing law requires a contractor or subcontractor engaged in vertical or horizontal construction who employs a worker on a public work to use one or more apprentices for a certain percentage of the total hours of labor performed on the public work, unless the Labor Commissioner grants a modification or waiver from these requirements. (NRS 338.01165) This bill limits the applicability of these requirements to a public work in a county whose population is 100,000 or more (currently Clark and Washoe Counties). This is beneficial because it is more difficult for more rural areas to obtain the number of apprentices required.

AB 183

Removes the exemption from provisions requiring a meeting to be open or public for proceedings between a local government employer and an employee organization or employees as individuals.

20018 AB 246

This bill requires an employer who is informed of a potential exposure to COVID-19 to notify in writing certain employees, principal contractors, subcontractors and independent contractors within one business day that they may have been exposed to COVID-19. City staff is concerned with the short timeframe, and potentially violating health information protection laws.

AB 248

This bill sets forth certain requirements for partisan observers and international observers who wish to observe an election, including residency, and party registration requirements for partisan observers.

AB 260

Provides for the confidentiality of contact tracing information.

AB 263

Provides an auditing process for ballot signature checks.

AB 271

This bill applies to any law enforcement agency in a county whose population is 100,000 or more (currently Clark and Washoe Counties) and requires such law enforcement agencies to maintain supervisor ratios of at least 1 first-line supervisor per 10 nonsupervisory peace officers. This bill also requires: (1) each nonsupervisory peace officer to be assigned to a single first-line supervisor; and (2) the provision of work schedules which ensure that a nonsupervisory peace officer is assigned to work on the same days and hours as his or her first-line supervisor. Finally, this bill places certain duties on first-line supervisors relating to the use of force by nonsupervisory peace officers. This bill would be detrimental to smaller police departments like Boulder City’s as it would require us to increase the numbers of first line supervisors to have them always on duty which would increase staff costs and is unnecessary for a City of our size.

AB 276

This bill provides that the requester if a public records request is improperly denied may recover an amount that is double the cost of the suit, in addition to his or her costs and attorney's fees.

AB 282

This bill would require the Nevada Supreme Court to provide bias training for court employees.

AB 285

This bill reinstates an exception to the statute governing charitable lotteries (total value of prizes less than $2,500 and no more than 2 per year or members only tickets and prizes do not exceed $15,000 per year) that was removed during the 2019 Legislative Session to allow certain lotteries to be conducted without the qualified organization first registering.

20119 AB 297

Requires the election of a registrar of voters in Clark and Washoe counties.

AB 300

Establishes a credit against the modified business tax for a taxpayer who donates money to a youth and adolescent enrichment program in this State.

AB 328

Expands the circumstances in which a county clerk is required to cancel a preregistration or registration to vote to include when a funeral director notifies the clerk of a death of a resident of the county.

AB 331

Requires jurisdictions of 100,000 or more to establish 5-year targets for preserving or creating, in collaboration with other partners and multiple funding source, affordable housing. This bill would not impact Boulder City.

AB 334

This bill enables local governments to enact fees to infuse into retaining as affordable or creating new affordable housing. Local governments must engage with stakeholders and create an affordable housing policy/ordinance prior to fee enactment. Fee caps in statute are broad categories, local governments would refine fees within classes at the local level. By amendment, use of fees will be prioritized (30%) for lowest income census tracts and (80%) to 60% of less AMI (not mutually exclusive).

AB 354

Authorizes the creation of water banks.

AB 380

This bill would phase out natural gas in the state of Nevada in favor of electrification. This bill also repeals Senate Bill 151 from the 2015 session that allows natural gas utilities to expand to areas like Mesquite, Spring Creek and other for economic development purposes, regardless of greenhouse gas emission savings from those expansions into rural parts of the state. Staff has several concerns with this bill. The bill pushes electrification policies at any cost and without appropriate consideration of impacts on individuals with low and fixed incomes. The bill will cost thousands of jobs by seeking to reduce investments in, expansion or replacement of natural gas infrastructure over time. City staff is especially concerned as Boulder City’s grid currently lacks the infrastructure necessary to support the additional electric load this would impose upon our system and would need to make significant capital investments in infrastructure in order to support this conversion.

SB10

There are two bills being proposed that reform property tax. One being advocated for by the Nevada Association of Counties (NACO), and the other by the League of Cities. This is the 20220 NACO version of the requested change to property tax. Nevada provides for a partial abatement of property taxes so that property taxes may not increase more than three percent (3%) for residential properties, and eight percent (8%) for other types of properties, these are called primary caps. In addition, there are also secondary caps which use a complex formula for calculation. The secondary cap further limits the increase to a number that may be below that of the primary cap so that the increase may be capped at less than the primary cap under certain circumstances. Under this bill the annual cap on property tax increases cannot be less than three percent (3%) for residential properties or more than eight percent (8%) for commercial properties. This bill, if passed, could result in increased property taxes that may disproportionately impact seniors and those on fixed incomes.

SB 13

Revises provisions relating to collective bargaining by local government employers. City of Las Vegas’s bill. SB 13 provides that a budgeted ending fund balance of not more than 25 percent (25%) of the total budgeted expenditures, less capital outlay, is not subject to negotiation in collective bargaining and must not be considered by a fact finder or arbitrator in determining the local government employer’s financial ability to pay compensation and monetary benefits.

SB64

Revises provisions relating to taxation. (BDR 32-408). SB 64 is the League of City’s bill on property tax. Like the NACO bill, under this bill the annual cap on property tax increases will be three percent (3%) for residential properties and eight percent (8%) for other types of properties.

In addition, Nevada currently applies a depreciation factor that results in an annual property tax deduction as improvements to property age. SB 64 lowers the depreciation factor from 1.5% to 1% there by lowering the property tax deduction. It is difficult to determine the financial impact of the reduction of depreciation.

While the financial impact of this bill would be positive for municipalities, it would result in higher tax bills for property owners and could adversely affect fixed and lower income senior citizens.

SB 153

This bill requires, to the extent not inconsistent with federal law or if otherwise authorized by federal law, the State of Nevada and all political subdivisions thereof to observe Pacific daylight time as the standard time for the entire calendar year.

SB 182

This bill requires that instruction in physical education include participation in an activity that has been scientifically shown to be consistent with reducing obesity.

SB 213

This bill prohibits a law enforcement officer from using a surveillance device unless: (1) a surveillance warrant is first obtained; or (2) in certain exigent circumstances. 20321 SB 225

Omnibus election reform bill requiring voter ID, election audits, unique ballot identification numbers, etc.

SB 246

Prohibits the collection of surveillance data by law enforcement agencies under certain circumstances. SB 256

Requires the Secretary of State to establish a system for the electronic circulation and signing of petitions for initiative or referendum.

SB 277

This bill requires each county and city to include in its building code or to adopt by ordinance a requirement for each residential, commercial and industrial structure on which construction begins on or after October 1, 2022, to incorporate equipment, conduit, fiber and other components necessary to provide broadband service to the structure, subject to such technical requirements as the Director of the Office of Science, Innovation and Technology in the Office of the Governor establishes by regulation.

SB 319

This bill allows local government the same ability as the state government to negotiate with the lowest responsible and responsive bidder on a contract to obtain a revised bid under certain circumstances. This bill also authorizes a local government to require the attendance of a prime contractor at a pre-bid conference or site inspection as a prerequisite for bidding on certain contracts for a public work for which the estimated cost exceeds $100,000. In addition, this bill removes the requirement that certain prime contractors submit a list of subcontractors who will perform certain portions of the work. Finally, this bill allows a general building contractor to perform specialty contracting on certain projects.

SB 322

This bill makes various changes to short-term rentals or Airbnb type rentals, exempting short- term rentals from regulation if it is an owner’s primary residence. This bill also makes various changes related to the room-tax collection for short term rentals. This bill also prohibits the City from enacting or enforcing an ordinance that prohibits short-term rentals or imposes certain restrictions on short-term rentals.

SB 323

Authorizes a business to establish an area where certain restrictions to restrain the spread of COVID-19 do not apply. SB 351

20422

Imposes a charge on the wholesale sales of electricity generated from renewable energy. This bill would affect our solar lessees by imposing a wholesale tax. However, it would have no direct impact to the City.

SB 324

This bill authorizes mobile home parks to receive electrical service through an off-grid electrical system. The City along with other utilities have significant concerns with this bill as off-grid electrical systems are unreliable and pose regulatory issues.

SB 337

Requires the establishment of a system of blind charging when determining whether criminal charges should be filed against a person and whether a petition alleging delinquency of a child should be filed. This bill would have a significant impact on the City Attorney’s office. This would require our office to create a system of blind charging for deciding on whether to file criminal charges. We would have until July 1, 2030 to establish this system. Essentially, we would be screened from knowing whether the defendant was part of a protected class, his or her race, religion, gender identity, national origin, sexual orientation, and any disabilities. However, aside from race and gender I am typically unaware of these other identifying characteristics. We would also be blind to any physical descriptors, his or her name, and the location of the incident. We are privity to that information prior to filing a complaint currently. Additionally, this bill states that after the initial decision on whether to charge is made, we must record that decision and then all the protected information cited above would be disclosed. It has the potential to increase our workload and have an effect on productivity when making charging decisions especially if we do not have a name or the location of the incident. Additionally, this would create a lot of work for the police department (specifically records) before they would be able to send the reports for review. It is my understanding all other prosecuting authorities are opposed to this bill.

SB 355

This bill sets forth alternative procedures authorizing certain misdemeanor traffic offenses to be adjudicated as civil infractions. Staff is supportive of this concept but has some concerns on the language.

SB 393

Like AB 116, this bill converts all minor traffic violations from criminal misdemeanors to civil infractions. The biggest concerns are traffic safety and financial impact. Making all traffic violations civil infractions will severely impact the enforcement of traffic laws via fine collections for municipal courts. The Boulder City Municipal Court's fines bring in about 20523 $500,000 per year into the City's General Fund. If these matters become civil there will be less ability to enforce the judgment and collect these fines. The City Attorney will have to file a writ of execution or send the fine to a collection agency. Civil citations would result in less revenue leaving the City responsible for more of the Court's budget. There is concern that without accountability, traffic safety will decrease, and we will all be at more risk on the roads. In addition, this bill, if passed as-is, will create many logistical issues regarding the way drivers are cited and how those citations are tracked in the Court. This will require expenses for both the Police Department and the Court. The Police Department would have to update its ticket writing software and the Court would have to change or update its case management system.

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