City Council Regular

CITY OF HENDERSON CITY COUNCIL MINUTES REGULAR MEETING Tuesday, December 17, 2019 I. CALL TO ORDER Mayor March called the Regular Meeting to order at 6:35 p.m., in the City Council Chambers, City Hall, 240 Water Street, Henderson, Nevada 89015. Mayor March announced the meeting is being video recorded and streamed live over the Internet. II. CONFIRMATION OF POSTING AND ROLL CALL The City Clerk confirmed the Regular Meeting had been noticed in compliance with the Open Meeting Law by posting the Agenda three working days prior to the meeting at City Hall, the Multigenerational Center, the Whitney Ranch Recreation Center, Fire Station No. 86, the Nevada Public Notice Website, the City of Henderson Website, and by mailing and emailing a copy of the Agenda to everyone appearing thereon on the Agenda Master Mailing and Emailing List. Present: Debra March, Mayor Michelle Romero, Councilwoman Dan K. Shaw, Councilman John F. Marz, Councilman Dan H. Stewart, Councilman Absent: None Officers: Richard Derrick, City Manager/CEO Sabrina Mercadante, City Clerk Nicholas Vaskov, City Attorney Absent: None Staff: Jim McIntosh, Chief Financial Officer Ed McGuire, Director of Public Works Michael Tassi, Community Dev. and Services Director Victoria Dasis, Deputy City Clerk Alyssa Perea, Deputy City Clerk Henderson City Council Regular Meeting Page 2 of 31 Tuesday, December 17, 2019 – Minutes III. INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Pastor Ray Hoyos from Victory Outreach Henderson and was followed by the Pledge of Allegiance, which was led by James Houston. IV. ACCEPTANCE OF AGENDA (Motion) Councilman Dan H. Stewart moved to accept the agenda as amended. CA-14 was withdrawn at the request of staff. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. V. PROCLAMATIONS, COMMENDATIONS AND PRESENTATIONS PR-1 PRESENTATION SEVEN SEALS AWARDS GOVERNMENT AND PUBLIC AFFAIRS Presentation of Seven Seals Awards by the Nevada Employer Support of the Guard and Reserve (ESGR) to the City of Henderson Fire and Police Departments. City Manager/CEO, Richard Derrick, invited Steve Seroka, the State chair for Nevada Employer Support of the Guard and Reserve, to join the Mayor and Council at the podium for the presentation of the Seven Seals Award to the City of Henderson Fire and Police Departments. VI. CITY MANAGER'S REPORT City Manager/CEO, Richard Derrick, happily announced that the City of Henderson has been awarded the prestigious Pioneer Award for Excellence, the second highest award, from the regional qualifying body, the Southwest Alliance for Excellence. Mr. Derrick congratulated the entire City of Henderson team on this impressive recognition and thanked the City Council and Senior Executive Team for their continued leadership and support. Henderson City Council Regular Meeting Page 3 of 31 Tuesday, December 17, 2019 – Minutes City Manager/CEO, Richard Derrick, stated that on December 11, 2019, twelve officers graduated from the City of Henderson's Police Academy. Mr. Derrick congratulated and wished each new officer a long and safe career. City Manager/CEO, Richard Derrick, recognized the safety contributions of employees across the City at the annual safety awards last week. Mr. Derrick congratulated the Parks and Recreation Department, Utility Services, and Finance Departments for the great innovative strides each department has made regarding safety practices for our employees. VII. CONSENT AGENDA CA-2 MINUTES CITY COUNCIL COMMITTEE AND REGULAR MEETINGS DECEMBER 3, 2019 CITY CLERK'S OFFICE City Council Committee and Regular Meeting minutes of December 3, 2019. (Motion) Councilman Dan K. Shaw moved to adopt the City Council Committee and Regular Meeting minutes of December 3, 2019. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-3 MINUTES CITY COUNCIL WORKSHOP DECEMBER 4, 2019 CITY CLERK'S OFFICE City Council Workshop Meeting minutes of December 4, 2019. (Motion) Councilman Dan K. Shaw moved to adopt the City Council Workshop Meeting minutes of December 4, 2019. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 4 of 31 Tuesday, December 17, 2019 – Minutes CA-4 GRANT AWARD DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM (JAG) FY18 POLICE DEPARTMENT Ratify a Grant Award from the Department of Justice, Office of Justice Programs, Edward Byrne Memorial Justice Assistance Grant Program (JAG) FY18 for the City of Henderson Police Department to implement Phase III of Bike Patrol Program, in the amount of $38,189.00. (Motion) Councilman Dan K. Shaw moved to ratify a Grant Award from the Department of Justice, Office of Justice Programs, Edward Byrne Memorial Justice Assistance Grant Program (JAG) FY18 for the City of Henderson Police Department to implement Phase III of Bike Patrol Program, in the amount of $38,189.00. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-5 ADDITIONAL GRANT AWARD LAS VEGAS METROPOLITAN POLICE DEPARTMENT (LVMPD) FY17 INTERNET CRIMES AGAINST CHILDREN GRANT POLICE DEPARTMENT Additional grant award from the Las Vegas Metropolitan Police Department (LVMPD) for the City of Henderson Police Department (HPD) to participate in the FY17 Internet Crimes Against Children Grant Program, in the amount of $61,000.00. (Motion) Councilman Dan K. Shaw moved to accept the additional grant award from the Las Vegas Metropolitan Police Department (LVMPD) for the City of Henderson Police Department (HPD) to participate in the FY17 Internet Crimes Against Children Grant Program, in the amount of $61,000.00. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 5 of 31 Tuesday, December 17, 2019 – Minutes CA-6 AWARD INVITATION FOR BIDS (IFB) 118-20 BOILER REPLACEMENT HENDERSON JUSTICE COURT FUNDING SOURCE: PUBLIC WORKS FACILITY MAINTENANCE CMTS NO. 22243 PUBLIC WORKS Award Invitation for Bids (IFB) 118-20, Boiler Replacement Henderson Justice Court, to Mesa Energy Systems, Inc., dba EMCOR Services Nevada, in the amount of $257,996.00; approve a total project budget of $280,000.00; approve the contract between EMCOR Services Nevada and the City of Henderson in the amount of the bid; and authorize the Director of Public Works, or his designee, to execute change orders within the project budget. (Motion) Councilman Dan K. Shaw moved to award Invitation for Bids (IFB) 118-20, Boiler Replacement Henderson Justice Court, to Mesa Energy Systems, Inc., dba EMCOR Services Nevada, in the amount of $257,996.00; approve a total project budget of $280,000.00; approve the contract between EMCOR Services Nevada and the City of Henderson in the amount of the bid; and authorize the Director of Public Works, or his designee, to execute change orders within the project budget. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-7 INTERLOCAL AGREEMENT SHARED COMPUTER OPERATIONS FOR PROTECTION AND ENFORCEMENT (SCOPE) II SYSTEM MULTIJURISDICTIONAL FUNDING SOURCE: GENERAL FUNDS CMTS NO. 22245 POLICE DEPARTMENT, MUNICIPAL COURT, FIRE DEPARTMENT Interlocal Agreement between the City of Henderson and County of Clark, for the Shared Computer Operations for Protection and Enforcement (SCOPE) II system, in the total amount of $106,246.00 for Fiscal Year 2020, with the terms of the agreement to be indefinite, not to expire unless opted out by participating agencies. Henderson City Council Regular Meeting Page 6 of 31 Tuesday, December 17, 2019 – Minutes (Motion) Councilman Dan K. Shaw moved to approve the Interlocal Agreement between the City of Henderson and County of Clark, for the Shared Computer Operations for Protection and Enforcement (SCOPE) II system, in the total amount of $106,246.00 for Fiscal Year 2020, with the terms of the agreement to be indefinite, not to expire unless opted out by participating agencies. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-8 AGREEMENT ON-CALL ARCHITECTURAL SERVICES TATE SNYDER KIMSEY ARCHITECTS, LTD FUNDING SOURCE: MUNICIPAL FACILITIES CMTS NO. 22265 PUBLIC WORKS Agreement between the City of Henderson and Tate Snyder Kimsey Architects, LTD, for on-call architectural services to assist with planning and layouts for space modifications within City Hall and other City facilities, for one year with three additional one-year renewal options, in a not-to-exceed sum of $400,000.00. (Motion) Councilman Dan K. Shaw moved to approve the Agreement between the City of Henderson and Tate Snyder Kimsey Architects, LTD, for on-call architectural services to assist with planning and layouts for space modifications within City Hall and other City facilities, for one year with three additional one-year renewal options, in a not-to-exceed sum of $400,000.00. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 7 of 31 Tuesday, December 17, 2019 – Minutes CA-9 AGREEMENT BENEFIT SERVICES MANAGEMENT HEALTHSCOPE BENEFITS, INC. FUNDING SOURCE: HEALTH INSURANCE FUND CMTS NO. 22220 HUMAN RESOURCES DEPARTMENT Agreement between the City of Henderson and HealthSCOPE Benefits, Inc., to provide claims administration services for the Self-Funded Health Insurance Plan effective January 1, 2020, and ending on December 31, 2020, based on the fee schedule identified in Exhibit B of the Agreement; services identified in Exhibit A have an estimated annual cost of $407,934.00; and these services in addition to supplemental services identified in Exhibit B may not exceed $557,934.00 annually. (Motion) Councilman Dan K. Shaw moved to approve the Agreement between the City of Henderson and HealthSCOPE Benefits, Inc., to provide claims administration services for the Self-Funded Health Insurance Plan effective January 1, 2020, and ending on December 31, 2020, based on the fee schedule identified in Exhibit B of the Agreement; services identified in Exhibit A have an estimated annual cost of $407,934.00; and these services in addition to supplemental services identified in Exhibit B may not exceed $557,934.00 annually. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 8 of 31 Tuesday, December 17, 2019 – Minutes CA-10 AGREEMENT RESEARCH AND LIBRARY SUBSCRIPTION THOMSON REUTERS FUNDING SOURCE: OPERATING EXPENSES CMTS NO. 22259 CITY ATTORNEY'S OFFICE Research and library subscription agreement between the City of Henderson and Thomson Reuters, for a three-year term commencing January 1, 2020, and continuing through December 31, 2022, in the amount of $131,428.00. (Motion) Councilman Dan K. Shaw moved to approve the research and library subscription agreement between the City of Henderson and Thomson Reuters, for a three-year term commencing January 1, 2020, and continuing through December 31, 2022, in the amount of $131,428.00. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-11 AGREEMENT AND ADDENDUM TO AGREEMENT MASTER SMART CITY SOLUTIONS COX COMMUNICATIONS LAS VEGAS, INC. FUNDING SOURCE: CAPITAL PROJECTS FUNDS-IT CMTS NO. 22268 DEPARTMENT OF INFORMATION TECHNOLOGY Agreement and Addendum to Agreement between the City of Henderson and Cox Communications Las Vegas, Inc., with Cox to build the Water Street Innovation District, in the amount of $50,000.00. (Motion) Councilman Dan K. Shaw moved to approve the Agreement and Addendum to Agreement between the City of Henderson and Cox Communications Las Vegas, Inc., with Cox to build the Water Street Innovation District, in the amount of $50,000.00. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 9 of 31 Tuesday, December 17, 2019 – Minutes CA-12 AGREEMENT AMENDMENT #1 MEDICAL SERVICES WELLTRAC, LLC FUNDING SOURCE: WORKERS’ COMPENSATION FUND CMTS NO. 19202 HUMAN RESOURCES DEPARTMENT Amendment #1 of the agreement between the City of Henderson and WellTrac, LLC, to provide medical services, for an estimated annual cost of $375,000.00, for one additional year from January 1, 2020, through December 31, 2020. (Motion) Councilman Dan K. Shaw moved to approve Amendment #1 of the agreement between the City of Henderson and WellTrac, LLC, to provide medical services, for an estimated annual cost of $375,000.00, for one additional year from January 1, 2020, through December 31, 2020. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-13 AGREEMENT AMENDMENT #1 MAXIMO MOBILE FUNCTIONALITY PROOF OF CONCEPT SEDIN TECHNOLOGIES, INC. CMTS NO. 21453 DEPARTMENT OF UTILITY SERVICES Amendment #1 to the Maximo Mobile Functionality Proof of Concept agreement between the City of Henderson and Sedin Technologies, Inc., to extend the term of the agreement from December 31, 2019, to June 30, 2020. (Motion) Councilman Dan K. Shaw moved to approve Amendment #1 to the Maximo Mobile Functionality Proof of Concept agreement between the City of Henderson and Sedin Technologies, Inc., to extend the term of the agreement from December 31, 2019, to June 30, 2020. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 10 of 31 Tuesday, December 17, 2019 – Minutes CA-14 AMENDMENT #1 INTERLOCAL CONTRACT VENDING SERVICES AT HENDERSON PAVILION STATE OF NEVADA DEPARTMENT OF EMPLOYMENT, TRAINING AND REHABILITATION, REHABILITATION DIVISION, AND BUSINESS ENTERPRISE OF NEVADA FUNDING SOURCE: STATE OF NEVADA DEPARTMENT OF EMPLOYMENT, TRAINING AND REHABILITATION, REHABILITATION DIVISION, AND BUSINESS ENTERPRISE OF NEVADA CMTS NO. 22258 PARKS AND RECREATION Amendment #1 to the Interlocal Contract between the City of Henderson and State of Nevada Department of Employment, Training and Rehabilitation, Rehabilitation Division, and Business Enterprise of Nevada, for vending services at the Henderson Pavilion, extending the contract term from December 31, 2019, to March 31, 2020. This item was withdrawn at the request of staff. CA-15 AGREEMENT AMENDMENT #2 ENGINEERING SERVICES GALLERIA RECLAIMED WATERLINE IMPROVEMENTS ATKINS NORTH AMERICA, INC. CMTS NO. 19748 DEPARTMENT OF UTILITY SERVICES Amendment #2 to the agreement between the City of Henderson and Atkins North America, Inc., for engineering services for the Galleria Reclaimed Waterline Improvements project, to extend the term of the agreement from December 31, 2019, to December 31, 2020. (Motion) Councilman Dan K. Shaw moved to approve Amendment #2 to the agreement between the City of Henderson and Atkins North America, Inc., for engineering services for the Galleria Reclaimed Waterline Improvements project, to extend the term of the agreement from December 31, 2019, to December 31, 2020. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 11 of 31 Tuesday, December 17, 2019 – Minutes CA-16 SECOND AMENDMENT INTERLOCAL PROFESSIONAL SERVICES AGREEMENT CITY OF HENDERSON AND THE SOUTHERN NEVADA HEALTH DISTRICT (SNHD) CMTS NO. 21345 COMMUNITY DEVELOPMENT AND SERVICES Second amendment to the Interlocal Professional Service Agreement between the City of Henderson and the Southern Nevada Health District (SNHD) to revise the effective date from February 11, 2019, to September 30, 2018, through September 29, 2020, to memorialize certain grant related requirements. (Motion) Councilman Dan K. Shaw moved to approve second amendment to the Interlocal Professional Service Agreement between the City of Henderson and the Southern Nevada Health District (SNHD) to revise the effective date from February 11, 2019, to September 30, 2018, through September 29, 2020, to memorialize certain grant related requirements. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-17 AMENDMENT #2 ENGINEERING SERVICES AGREEMENT PITTMAN HORIZON RIDGE DETENTION BASIN AND PALM HILLS CHANNEL CH2M HILL ENGINEERS, INC. FUNDING SOURCE: CLARK COUNTY REGIONAL FLOOD CONTROL DISTRICT (CCRFCD) CMTS NO. 17295 PUBLIC WORKS Amendment #2 to the Engineering Services Agreement between the City of Henderson and CH2M Hill Engineers, Inc., to extend the completion date of the agreement from December 31, 2019, to December 31, 2020, for design engineering services for the Pittman Horizon Ridge Detention Basin and Palm Hills Channel project. Henderson City Council Regular Meeting Page 12 of 31 Tuesday, December 17, 2019 – Minutes (Motion) Councilman Dan K. Shaw moved to approve Amendment #2 to the Engineering Services Agreement between the City of Henderson and CH2M Hill Engineers, Inc., to extend the completion date of the agreement from December 31, 2019, to December 31, 2020, for design engineering services for the Pittman Horizon Ridge Detention Basin and Palm Hills Channel project. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-18 CHANGE ORDER NO. 2 SAFETY SURFACING MAINTENANCE EAGLE VIEW CONTRACTORS FUNDING SOURCE: PARKS DEVELOPMENT WEST CMTS NO. 21669 PUBLIC WORKS Change Order No. 2 to the Safety Surfacing Maintenance contract between the City of Henderson and Eagle View Contractors, for additional costs at Green Valley Park in the amount of $46,178.00, increasing the contract amount from $850,000.00 to $896,178.00; approve a $46,178.00 increase in the project budget for a total project budget of $1,129,799.00; and authorize the Director of Parks and Recreation, or her designee, to sign change orders within the project budget. (Motion) Councilman Dan K. Shawmoved to ratify Change Order No. 2 to the Safety Surfacing Maintenance contract between the City of Henderson and Eagle View Contractors, for additional costs at Green Valley Park in the amount of $46,178.00, increasing the contract amount from $850,000.00 to $896,178.00; approve a $46,178.00 increase in the project budget for a total project budget of $1,129,799.00; and authorize the Director of Parks and Recreation, or her designee, to sign change orders within the project budget. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 13 of 31 Tuesday, December 17, 2019 – Minutes CA-19 THIRD AMENDMENT INTERLOCAL SPACE LEASE AGREEMENT OFFICE SPACE AT HENDERSON CITY HALL SOUTHERN NEVADA HEALTH DISTRICT (SNHD) CMTS NO. 20510 PUBLIC WORKS Third Amendment to the Interlocal Space Lease Agreement between the City of Henderson and the Southern Nevada Health District (SNHD) for approximately 345 square feet of office and counter space located at Henderson City Hall, 240 Water Street, Henderson, Nevada, effective January 1, 2020, extending the term of the agreement to December 31, 2020, and direct the City Manager/CEO, or his designee, to execute and deliver the amendment. (Motion) Councilman Dan K. Shaw moved to approve the Third Amendment to the Interlocal Space Lease Agreement between the City of Henderson and the Southern Nevada Health District (SNHD) for approximately 345 square feet of office and counter space located at Henderson City Hall, 240 Water Street, Henderson, Nevada, effective January 1, 2020, extending the term of the agreement to December 31, 2020, and direct the City Manager/CEO, or his designee, to execute and deliver the amendment. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-20 ANNUAL RENEWAL FEE SOFTWARE LICENSING, HARDWARE MAINTENANCE AND SUPPORT SERVICES IMAGINE SOLUTIONS, LLC FUNDING SOURCE: CITYWIDE SERVICES CMTS NO. 22203 DEPARTMENT OF INFORMATION TECHNOLOGY Annual renewal fee for Hewlett Packard software licensing, hardware maintenance and support services through its reseller Imagine Solutions, LLC, for three consecutive one-year renewal periods, beginning January 1, 2020, and continuing through December 31, 2023, with the first-year total cost estimated amount of $154,000.00, second-year total cost estimated amount of $176,000.00, and third-year total cost estimated amount of $194,000.00. Henderson City Council Regular Meeting Page 14 of 31 Tuesday, December 17, 2019 – Minutes (Motion) Councilman Dan K. Shaw moved to approve the annual renewal fee for Hewlett Packard software licensing, hardware maintenance and support services through its reseller Imagine Solutions, LLC, for three consecutive one-year renewal periods, beginning January 1, 2020, and continuing through December 31, 2023, with the first-year total cost estimated amount of $154,000.00, second-year total cost estimated amount of $176,000.00, and third-year total cost estimated amount of $194,000.00. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-21 BLANKET PURCHASE ORDER POOL CHEMICALS THATCHER COMPANY OF NEVADA, INC FUNDING SOURCE: GENERAL FUND PUBLIC WORKS Issuance of a blanket purchase order to Thatcher Company of Nevada, Inc, for the purchase of pool chemicals utilizing the Clark County Contract Bid No. 605409-19 “Annual Requirements for Pool Chemicals", in an estimated amount of $130,000.00 annually for as long as the County contract is in effect. (Motion) Councilman Dan K. Shaw moved to approve the issuance of a blanket purchase order to Thatcher Company of Nevada, Inc, for the purchase of pool chemicals utilizing the Clark County Contract Bid No. 605409-19 “Annual Requirements for Pool Chemicals", in an estimated amount of $130,000.00 annually for as long as the County contract is in effect. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 15 of 31 Tuesday, December 17, 2019 – Minutes CA-22 HEALTH INSURANCE PURCHASE MEDICAL STOP LOSS BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY FUNDING SOURCE: HEALTH INSURANCE FUND CMTS NO. 20532 HUMAN RESOURCES DEPARTMENT Purchase of medical stop loss insurance for the City’s Self-Funded Health Insurance Program from Berkshire Hathaway Specialty Insurance Company for the period of January 1, 2020, to December 31, 2020, for an estimated premium not to exceed $402,848.00. (Motion) Councilman Dan K. Shaw moved to approve the purchase of medical stop loss insurance for the City’s Self-Funded Health Insurance Program from Berkshire Hathaway Specialty Insurance Company for the period of January 1, 2020, to December 31, 2020, for an estimated premium not to exceed $402,848.00. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-23 CASH REQUIREMENTS REGISTER OCTOBER 31, 2019, THROUGH NOVEMBER 26, 2019 FINANCE DEPARTMENT Cash requirements register for the period of October 31, 2019, through November 26, 2019, in the amount of $23,463,610.06. (Motion) Councilman Dan K. Shaw moved to approve the Cash Requirements Register for the period of October 31, 2019, through November 26, 2019, in the amount of $23,463,610.06. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 16 of 31 Tuesday, December 17, 2019 – Minutes CA-24 MEMORANDUM OF UNDERSTANDING LAS VEGAS COMMUNITY IMPACT INITIATIVE (LVCII) MULTIJURISDICTIONAL FUNDING SOURCE: NEVADA HIGH INTENSITY DRUG TASK FORCE (NV HIDTA) CMTS NO. 22234 POLICE DEPARTMENT Memorandum of Understanding between the City of Henderson Police Department (HPD); Las Vegas Metropolitan Police Department (LVMPD); the Department of Homeland Security; Immigration and Customs Enforcement; Homeland Security Investigations (HSI); and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Las Vegas District Office; to memorialize and set forth the terms and conditions of Las Vegas Community Impact Initiative (LVCII) members; and the Nevada High Intensity Drug Task Force (NV HIDTA) will, subject to the availability of funds, reimburse the City of Henderson Police Department for overtime payments for the HPD officer assigned to LVCII in the amount up to $18,343.75 per federal fiscal year. (Motion) Councilman Dan K. Shaw moved to approve the Memorandum of Understanding between the City of Henderson Police Department (HPD); Las Vegas Metropolitan Police Department (LVMPD); the Department of Homeland Security; Immigration and Customs Enforcement; Homeland Security Investigations (HSI); and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Las Vegas District Office; to memorialize and set forth the terms and conditions of Las Vegas Community Impact Initiative (LVCII) members; and the Nevada High Intensity Drug Task Force (NV HIDTA) will, subject to the availability of funds, reimburse the City of Henderson Police Department for overtime payments for the HPD officer assigned to LVCII in the amount up to $18,343.75 per federal fiscal year. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 17 of 31 Tuesday, December 17, 2019 – Minutes CA-25 APPORTIONMENT REPORT AND FINAL ASSESSMENT ROLL AMENDMENT NO. 62 LOCAL IMPROVEMENT DISTRICT (LID) T-18 SOUTH EDGE INSPIRADA PORTION OF POD 7-2 UNIT 2 DATED SEPTEMBER 4, 2019 FINANCE DEPARTMENT Apportionment Report and Final Assessment Roll, Amendment No. 62, Local Improvement District (LID) T-18, South Edge Inspirada Portion of Pod 7-2 Unit 2, dated September 4, 2019. (Motion) Councilman Dan K. Shaw moved to approve Apportionment Report and Final Assessment Roll, Amendment No. 62, Local Improvement District (LID) T-18, South Edge Inspirada Portion of Pod 7-2 Unit 2, dated September 4, 2019. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-26 BUSINESS LICENSE BEER, WINE, AND SPIRIT-BASED PRODUCTS ON-SALE DRYBAR APPLICANT: DRYBAR HOLDINGS LLC Application for the Beer, Wine, and Spirit-Based Products On-Sale business license for Drybar Holdings LLC, dba Drybar, 2280 Paseo Verde Parkway, Suite 150, Henderson, Nevada 89052. (Motion) Councilman Dan K. Shaw moved to approve the application for the Beer, Wine, and Spirit-Based Products On-Sale business license for Drybar Holdings LLC, dba Drybar, 2280 Paseo Verde Parkway, Suite 150, Henderson, Nevada 89052, pending verification of registration with the Nevada Department of Taxation and required departmental approvals. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 18 of 31 Tuesday, December 17, 2019 – Minutes CA-27 BUSINESS LICENSE FULL LIQUOR OFF-SALE LA BONITA SUPERMARKETS APPLICANT: LA BONITA GROCERY AND MEAT MARKET Application for the Full Liquor Off-Sale business license for La Bonita Grocery and Meat Market, dba La Bonita Supermarkets, 2851 North Green Valley Parkway, Henderson, Nevada 89014. (Motion) Councilman Dan K. Shaw moved to approve the application for the Full Liquor Off-Sale business license for La Bonita Grocery and Meat Market, dba La Bonita Supermarkets, 2851 North Green Valley Parkway, Henderson, Nevada 89014, pending verification of required department approvals. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. CA-28 BUSINESS LICENSE TAVERN ACES EAST APPLICANT: CHAMPIONS TAVERN LLC Application for the Tavern business license for Champions Tavern LLC, dba Aces East, 35 South Gibson Road, Suite 2, Henderson, Nevada 89012. (Motion) Councilman Dan K. Shaw moved to approve the application for the Tavern business license for Champions Tavern LLC, dba Aces East, 35 South Gibson Road, Suite 2, Henderson, Nevada 89012, pending verification of required departmental approvals. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 19 of 31 Tuesday, December 17, 2019 – Minutes VIII. PUBLIC HEARINGS PH-29 PUBLIC HEARING SECOND AMENDMENT UNION VILLAGE PHASE II PARK AGREEMENT FUNDING SOURCE: UNION VILLAGE, LLC APPLICANT: PARKS AND RECREATION, UNION VILLAGE, LLC Second Amendment to the Union Village Phase II Park Agreement, by and between the City of Henderson and Union Village, LLC, extending the timeline for development of the Village Park from September 9, 2019, to December 31, 2020. Councilwoman Romero made the following abstention statement: “This item is an amendment to the Park Agreement between the City and Union Village, LLC. In my private capacity I provide consulting services to Union Village. My consulting work for Union Village is a conflict of interest that could be perceived by a reasonable person to affect the independence of my judgment on this matter. Accordingly, I will abstain from deliberation and voting on this matter.” Shari Ferguson, Director of Parks and Recreation, presented a summary of this item and stated staff recommends approval. Mayor March opened the public hearing, asking if there was anyone present wishing to speak for or against this item. There being no one wishing to speak, the public hearing was closed. (Motion) Councilman Dan H. Stewart moved to approve Second Amendment to the Union Village Phase II Park Agreement, by and between the City of Henderson and Union Village, LLC, extending the timeline for development of the Village Park from September 9, 2019, to December 31, 2020. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: Michelle Romero. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 20 of 31 Tuesday, December 17, 2019 – Minutes IX. BILLS REFERRED FROM COMMITTEE FOR ADOPTION AS ORDINANCE O-30 BILL NO. 3391 ZCA-2019002318 – CIPRIANI VILLAS APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, HUGHBANKS PROPERTIES XXIII, LLC City Manager/CEO Derrick introduced and read Ordinance No. 3648 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2870, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 22, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D.M., CLARK COUNTY, NEVADA, ON 15.8 ACRES, GENERALLY LOCATED ON THE WEST SIDE OF WESTRIDGE DRIVE APPROXIMATELY 1,310 FEET SOUTH OF THE INTERSECTION OF HORIZON RIDGE PARKWAY, IN THE MCCULLOUGH HILLS PLANNING AREA, FROM RS-2 (LOW-DENSITY RESIDENTIAL) TO RS-6-H (LOW-DENSITY RESIDENTIAL WITH HILLSIDE OVERLAY). (Motion) Councilwoman Michelle Romero moved to adopt Bill No. 3391 as Ordinance No. 3648. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 21 of 31 Tuesday, December 17, 2019 – Minutes O-31 BILL NO. 3392 ZCA-2019003771 – GALLERIA & MCCORMICK APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, GREYSTONE NEVADA, LLC City Manager/CEO Derrick introduced and read Ordinance No. 3649 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2870, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 32, TOWNSHIP 21 SOUTH, RANGE 63 EAST, M.D.M., CLARK COUNTY, NEVADA, ON 29.2 ACRES, GENERALLY LOCATED NORTHEAST OF GALLERIA DRIVE AND MCCORMICK ROAD, IN THE TUSCANY REDEVELOPMENT AND TUSCANY PLANNING AREAS, FROM IP-RD (INDUSTRIAL PARK WITH REDEVELOPMENT OVERLAY) TO RM-10-PUD-RD (MEDIUM-DENSITY RESIDENTIAL WITH PLANNED UNIT DEVELOPMENT AND REDEVELOPMENT OVERLAYS) WITH WAIVERS FROM THE DEVELOPMENT CODE TO: 1) ALLOW REDUCED STREET WIDTHS AND ALTERNATE CROSS-SECTIONS; 2) REDUCE BUILDING SETBACKS; AND 3) REDUCE 3RD-CAR GARAGE DOOR RECESS. (Motion) Councilman Dan K. Shaw moved to adopt Bill No. 3392 as Ordinance No. 3649. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 22 of 31 Tuesday, December 17, 2019 – Minutes O-32 BILL NO. 3393 ZCO-2004670022-A5 – ASCAYA LOTS 141 AND 164 APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, ASCAYA, INC. City Manager/CEO Derrick introduced and read Ordinance No. 3650 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2870, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 33, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D.M., CLARK COUNTY, NEVADA, ON 0.1 ACRE, GENERALLY LOCATED NORTHWEST OF CLOUD CHASER BOULEVARD AND SKY ARC COURT, IN THE MACDONALD RANCH PLANNING AREA, FROM PS-MP-H (PUBLIC/SEMIPUBLIC WITH MASTER PLAN AND HILLSIDE OVERLAY) TO RS-2-MP-H (LOW-DENSITY RESIDENTIAL WITH MASTER PLAN AND HILLSIDE OVERLAY). (Motion) Councilman Dan H. Stewart moved to adopt Bill No. 3393 as Ordinance No. 3650. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. O-33 BILL NO. 3394 ZCA-2019003763 – PANCHO VIA & HORIZON RIDGE APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, EPIC DEVELOPMENT City Manager/CEO Derrick introduced and read Ordinance No. 3651 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2870, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 22, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D.M., CLARK COUNTY, NEVADA, ON 2.7 ACRES, GENERALLY LOCATED NORTHWEST OF PANCHO VIA DRIVE AND HORIZON RIDGE PARKWAY, IN THE MCCULLOUGH HILLS PLANNING AREA, FROM RS-2 (LOW-DENSITY RESIDENTIAL) TO CN (NEIGHBORHOOD COMMERCIAL). Henderson City Council Regular Meeting Page 23 of 31 Tuesday, December 17, 2019 – Minutes (Motion) Councilwoman Michelle Romero moved to adopt Bill No. 3394 as Ordinance No. 3651. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. O-34 BILL NO. 3395 ZCA-2019003862 – ROMAN CATHOLIC CHURCH - INSPIRADA APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, ROMAN CATHOLIC BISHOP OF LAS VEGAS City Manager/CEO Derrick introduced and read Ordinance No. 3652 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2870, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 10, TOWNSHIP 23 SOUTH, RANGE 61 EAST, M.D.M., CLARK COUNTY, NEVADA, ON 7.0 ACRES, GENERALLY LOCATED NORTHEAST OF PARADISE ROAD AND EAST LARSON LANE, APPROXIMATELY 315 FEET NORTH OF EAST LARSON LANE, IN THE WEST HENDERSON PLANNING AREA, TO APPLY CITY OF HENDERSON PS (PUBLIC/SEMIPUBLIC) ZONING DESIGNATION TO PROPERTY WITH NO ESTABLISHED ZONING. (Motion) Councilman Dan K. Shaw moved to adopt Bill No. 3395 as Ordinance No. 3652. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 24 of 31 Tuesday, December 17, 2019 – Minutes O-35 BILL NO. 3396 ZCA-2019003922 – AIR PARC HEIGHTS APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, LAPOUR MANAGEMENT, LLC City Manager/CEO Derrick introduced and read Ordinance No. 3653 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2870, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 35, TOWNSHIP 22 SOUTH, RANGE 61 EAST, M.D.M., CLARK COUNTY, NEVADA, ON 21.2 ACRES, LOCATED AT THE SOUTHWEST CORNER OF SUNRIDGE HEIGHTS PARKWAY AND ALPER CENTER DRIVE, IN THE WEST HENDERSON PLANNING AREA, FROM CC (COMMUNITY COMMERCIAL) TO IP (INDUSTRIAL PARK). (Motion) Councilwoman Michelle Romero moved to adopt Bill No. 3396 as Ordinance No. 3653. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. O-36 BILL NO. 3397 ZCA-2019003927 – CHAPARRAL 5 APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, BRASS CAP DEVELOPMENT City Manager/CEO Derrick introduced and read Ordinance No. 3654 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2870, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 10, TOWNSHIP 22 SOUTH, RANGE 61 EAST, M.D.M., CLARK COUNTY, NEVADA, ON 5.0 ACRES, LOCATED APPROXIMATELY 685 FEET NORTHWEST OF THE INTERSECTION OF CHAPARRAL ROAD AND DALE AVENUE, IN THE WEST HENDERSON PLANNING AREA, TO APPLY CITY OF HENDERSON IP (INDUSTRIAL PARK) ZONING DESIGNATION TO PROPERTY WITH NO ESTABLISHED ZONING. Henderson City Council Regular Meeting Page 25 of 31 Tuesday, December 17, 2019 – Minutes (Motion) Councilman Dan H. Stewart moved to adopt Bill No. 3397 as Ordinance No. 3654. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. O-37 BILL NO. 3398 ZCA-2019002499-A1 – STEPHANIE PROMENADE – DUTCH BROS APPLICANT: COMMUNITY DEVELOPMENT AND SERVICES, DUTCH BROS COFFEE City Manager/CEO Derrick introduced and read Ordinance No. 3655 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, AMENDING ORDINANCE NO. 2870, THE ZONING MAP, TO RECLASSIFY CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY, DESCRIBED AS A PORTION OF SECTION 9, TOWNSHIP 22 SOUTH, RANGE 62 EAST, M.D.M., CLARK COUNTY, NEVADA, ON 12.1 ACRES LOCATED AT THE NORTHWEST CORNER OF NORTH STEPHANIE STREET AND AMERICAN PACIFIC DRIVE TO AMEND A PLANNED UNIT DEVELOPMENT TO ADD A NEW BUILDING PAD ON A 0.6-ACRE PORTION (NORTHWEST CORNER OF STEPHANIE STREET AND TRAIL CANYON ROAD) OF THE STEPHANIE PROMENADE COMMERCIAL SUBDIVISION AND REVIEW ARCHITECTURE AND SITE DESIGN FOR A COFFEE SHOP WITH DRIVE-THROUGH. (Motion) Councilman Dan K. Shaw moved to adopt Bill No. 3398 as Ordinance No. 3655. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 26 of 31 Tuesday, December 17, 2019 – Minutes X. NEW BUSINESS NB-38 CORRECTIVE ACTION FOR AGENDA ITEM CA-3 FROM THE DECEMBER 3, 2019, CITY COUNCIL MEETING: REJECT ALL BIDS AND REJECT BID PROTEST UNION PACIFIC TRAIL (NORTH) PROJECT HN42 PUBLIC WORKS AND CITY ATTORNEY'S OFFICE For corrective action to rescind the action made by the City Council at its prior City Council meeting on December 3, 2019, to award Construction Contract No. 20053 for the Union Pacific Trail (North) Project HN42, PWP-CL-2020-56, to CG&B Enterprises, Inc. Nicholas Vaskov, City Attorney, stated the City Council voted to deny staff’s recommendation to reject all bids, rejected the bid protest filed by Las Vegas Paving Corporation, and awarded the construction contract to CG&B Enterprises, Inc. at the December 3, 2019, City Council meeting. Mr. Vaskov said the awarded construction contract to CG&B Enterprises, Inc. was not properly noticed in accordance with the Nevada Open Meeting Law. He further explained that any action taken by a public body that is not properly noticed is void, as a matter of law, and the public body must correct the public record by taking corrective action and rescind the portion that was in violation. Mr. Vaskov stated this item is to take the corrective action and to rescind the awarded construction contract to CG&B Enterprises, Inc. He said staff is currently working with both bidders to obtain additional information, and anticipates this matter will be heard at the January 7, 2020, City Council Regular meeting. Councilwoman Romero made the following abstention statement: “This item seeks corrective action for agenda item CA-3 from the December 3, 2019, City Council Meeting. That agenda item related to bids submitted for the construction of the Union Pacific Trail project. My husband and son work for Las Vegas Paving, one of the bidders. My husband’s and son’s employment with Las Vegas Paving is a conflict of interest that could be perceived by a reasonable person to affect the independence of my judgment on this matter. Accordingly, I will abstain from deliberation and voting on this matter.” Mayor March opened a public hearing, asking if there was anyone present wishing to speak for or against this item. Theodore Parker III, Esq., 89128, representing the applicant, stated he does not believe the City Council violated the Open Meeting Law and recommended the City of Henderson present this matter to the Attorney General for further review. Henderson City Council Regular Meeting Page 27 of 31 Tuesday, December 17, 2019 – Minutes There being no one else wishing to speak, the public hearing was closed. Mr. Vaskov stated he believes the City can correct this matter without the assistance of the Attorney General’s Office. (Motion) Councilman Dan K. Shaw moved to approve the corrective action to rescind prior award of contract to CG&B Enterprises, Inc., taken at the December 3, 2019, City Council Regular Meeting. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: Michelle Romero. Mayor March declared the motion carried. NB-39 APPOINTMENT (MAYOR AND COUNCIL) ASSEMBLY BILL 73 WORKING GROUP GOVERNMENT AND PUBLIC AFFAIRS, COMMUNITY DEVELOPMENT AND SERVICES Mayor and Council to appoint an alternate staff representative to the AB 73 Working Group with term to expire October 1, 2020. (Motion) Councilman Dan H. Stewart moved to appoint Stacy DiNicola, City of Henderson Community Resource Coordinator, as the City's alternate staff representative to the AB 73 Working Group with term to expire October 1, 2020. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 28 of 31 Tuesday, December 17, 2019 – Minutes NB-40 RESOLUTION SUPPORT OF UNLV METROPOLITAN PLANNING PROGRAM CMTS NO. 22232 COMMUNITY DEVELOPMENT AND SERVICES City Manager/CEO Derrick introduced and read Resolution No. 4372 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HENDERSON, CLARK COUNTY, NEVADA ADOPTING AND APPROVING AN ACADEMIC COOPERATION AGREEMENT WITH BOARD OF REGENTS, NEVADA SYSTEM OF HIGHER EDUCATION, ON BEHALF OF THE UNIVERSITY OF NEVADA, LAS VEGAS (“UNLV”) TO ESTABLISH AND SUPPORT A GRADUATE LEVEL PROGRAM IN METROPOLITAN PLANNING (“PROGRAM”) AND PROVIDE TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) PER YEAR TO FUND THE VISITING PROFESSOR POSITION IN THE PROGRAM FOR A PERIOD OF TWO YEARS, FOR A TOTAL OF FIFTY THOUSAND DOLLARS ($50,000.00). Michael Tassi, Community Development and Services, presented a summary of this resolution and stated staff recommends adoption and approval of the agreement. Following an inquiry by Councilman Stewart regarding if other entities are supporting the program, Mr. Tassi said the Regional Transportation Commission (RTC) of Southern Nevada will also be participating in this program. (Motion) Councilman Dan H. Stewart moved to adopt Resolution No. 4372 and approve the Academic Cooperation Agreement between the City of Henderson and the Board of Regents, Nevada System of Higher Education on Behalf of the University of Nevada, Las Vegas (UNLV), to provide funding and support for a Visiting Professor in Metropolitan Planning Program, in the amount of $25,000.00 per year for two (2) years, for a total of $50,000.00. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Michelle Romero, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: None. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 29 of 31 Tuesday, December 17, 2019 – Minutes XI. BILLS TO BE READ IN TITLE B-41 ACCOMPANYING BILL NO. 3399 FOR PH-29 SECOND AMENDMENT TO THE UNION VILLAGE PHASE II PARK AGREEMENT UNION VILLAGE, LLC APPLICANT: PARKS AND RECREATION, UNION VILLAGE, LLC City Manager/CEO Derrick introduced and read this bill by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HENDERSON, NEVADA, APPROVING THE SECOND AMENDMENT TO UNION VILLAGE PHASE II PARK AGREEMENT, ENCUMBERING REAL PROPERTY GENERALLY LOCATED NORTHWEST OF GIBSON ROAD AND GALLERIA DRIVE IN THE EASTSIDE REDEVELOPMENT AREA AND MIDWAY PLANNING AREA, TO EXTEND THE TIMELINE FOR COMPLETION OF THE VILLAGE PARK. Councilwoman Romero made the following abstention statement: “This item is an amendment to the Park Agreement between the City and Union Village, LLC. In my private capacity I provide consulting services to Union Village. My consulting work for Union Village is a conflict of interest that could be perceived by a reasonable person to affect the independence of my judgment on this matter. Accordingly, I will abstain from deliberation and voting on this matter.” (Motion) Councilman John F. Marz moved to refer Bill No. 3399 to the January 7, 2020, Committee Meeting for review and recommendation. The roll call vote favoring passage was: Those voting aye: Debra March, John F. Marz, Dan K. Shaw, and Dan H. Stewart. Those voting nay: None. Those absent: None. Those abstaining: Michelle Romero. Mayor March declared the motion carried. Henderson City Council Regular Meeting Page 30 of 31 Tuesday, December 17, 2019 – Minutes XII. MAYOR\COUNCILMEMBER COMMENTS Mayor March read the following prepared statement: “At the last meeting on December 3rd, we had a hearing on the Union Pacific (North) Trail Project, Item CA-3. In the course of that hearing, we denied staff’s recommendation to reject all bids and we rejected the bid protest submitted by one of the bidders. I’d like the City Council to have another opportunity to consider the action that we took at that meeting. So, I’d ask that staff place an item on our agenda for reconsideration of CA-3 from the December 3rd agenda. If a motion to reconsider is adopted by the City Council at our next meeting on January 7th, we would hold a new hearing on the original item and would take a fresh look at staff’s recommendation to reject all bids and bid protests that was submitted.” Councilman Stewart inquired if reconsidering the original December 3, 2019, CA-3 item at the next meeting will provide the Mayor and Council the authority to award a contract. Nicholas Vaskov, City Attorney, explained that this matter will be two separate items on the next agenda. He said the first item will ask if the Mayor and Council want to reconsider the original CA-3 item from the December 3, 2019, meeting. If the first item passes, then the second item will be a new hearing on the matter. XIII. SET MEETING The Committee Meeting for January 7, 2020, was set for 5:45 p.m. XIV. PUBLIC COMMENT There were no public comments presented. Henderson City Council Regular Meeting Page 31 of 31 Tuesday, December 17, 2019 – Minutes XV. ADJOURNMENT There being no further business to come before the Council, Mayor March, in concurrence with the Council, adjourned the Regular Meeting at 7:03 p.m. PASSED AND ADOPTED THIS 7TH DAY OF JANUARY, 2020. ______________________ Debra March Mayor ATTEST: _____________________ Sabrina Mercadante, MMC City Clerk