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Chet Adams
Sparks City Attorney
Allorney
April 13, 2017
VIA U.S. Mail and Email
The Honorable David R. Parks
Chair of the Senate Committee on Government Affairs
P.O. Box 71887
Las Vegas, Nevada 89170-1887
[email protected]
Re:
City of Sparks's Opposition to Senate Bill434
Dear Senator Parks,
During the April I 0, 2017, Sparks City Council meeting, the Sparks Mayor and City
Council had the opportunity to discuss, consider, and make recommendations concerning various
pieces of legislation impacting the overall interests of the City of Sparks and its residents. See
enclosed Agenda Item 9.6.
Among the items considered was Senate Bill 434 which contemplates a unilateral
amendment to the Charter for the City of Sparks, depriving Sparks's citizens of their opportunity
to vote for their currently elected representative within the Executive Branch of Sparks'
government - the Sparks City Attorney.
By and through a supermajority vote, the Sparks City Council, along with concurrence
from the Sparks Mayor, deliberated and ultimately decided to oppose Senate Bill 434. The
principle factors that weighed in favor of our collective opposition were:
1)
Sparks's citizens have already voted twice, via a Ballot Question and an Advisory
Question, to retain their right to vote for their city attorney;
2)
The issue of an elected versus appointed city attorney was previously presented to,
and ultimately rejected by, the Sparks Charter Committee whose primary function
is to recommend possible Sparks Charter amendments to the Nevada legislature;
3)
The Nevada Assembly rejected Assembly Bill570 which also sought to unilaterally
amend the Sparks City Charter in an almost identical fashion as Senate Bill 434;
and
City Hall: 431 Prater Way • P.O. Box 857 • Sparks, Nevada 89432-0857
Criminal: (775} 353-2320 • Civil: (775} 353-2324 •Fax: (775} 353-1617
Page2
April13, 2017
City of Sparks's Opposition to Senate Bill434
4)
Senate Bill 434 seeks to unilaterally amend the Charter of the City of Sparks
without input from either Sparks's citizens or the Sparks Charter Committee.
Should Senate Bill 434 come to the attention of yours or any other Nevada legislative
committee in the future, we would respectfully request that the City of Sparks's formal opposition
to such legislation become part of the record.
Best Regards,
Chester H. Adams
Sparks City Attorney
CHA!km
Enclosure:
Agenda Item 9.6
CC:
Hon. Brian Sandoval,
Governor, State of Nevada
City Hall: 431 Prater Way • P.O. Box 857 • Sparks, Nevada 89432-0857
Criminal: (775) 353-2320 • Civil: {775) 353-2324 •Fax: {775} 353-1617
Sparks City Council Meeting Agenda Page I of 4
MAYOR
Gena Martini
CITY COUNCIL
Donald Abbott, Ward 1
Ed Lawson, Ward 2
Ron Smith, Ward 3
Charlene Bybee, Ward 4
Kristopher Dahir, Ward 5
CITY ATTORNEY
ChetAdams
Sparks City Council Meeting
2:00PM, Monday, April 10, 2017
Council Chambers, Legislative Bldg, 745 4th St., Sparks, NV
Public Meeting Notice- Meetings are open to the public and notice Is given in accordance with NRS 241.020 .
Posting - This agenda has been distributed for posting at the following locations three (3) working days before
the meeting:
Sparks City Hall, 431 Prater Way
Alf Sorensen Community Center, 1400 Baring Blvd.
Sparks Legislative Bldg, 745 4th St.
Sparks Library, 1125 12th St.
Sparks Justice Court, 1675 E. Prater Way
Sparks Senior Center, 97 Richards Way
Sparks Recreation Center, 98 Richards Way
www.c!tvofsparks.ys and www.ny.goy
Supporting Documentation - Documentation supporting agenda Items Is available on the city's website at
www.cltyofsparks.us - City Services- Council Agenda and Minutes, and will be available for review at the Council
meeting . For further Information you may contact Teresa Gardner, City Clerk at (775) 353-2350.
Order of Agenda - Items on the agenda may be taken out of order; the City Council may combine two or more
agenda Items for consideration; may remove an Item from the agenda or may delay discussion relating to an Item
on the agenda at any time per NRS 241.020 (2)(d)(6).
Public Comment - Persons desiring to address the City Council shall first provide the City Clerk with a written
request to speak so they may be recognized by the presiding officer. Each person addressing the City Council
shall approach the podium when called, give his/her name, and shall limit the time of their presentation to three
(3) minutes per NRS 241.020(2)(d)(3). Public comment may address any agenda Item or other public Issue that
the City Council has the authority to effectuate or exercise control over. Public comment on matters beyond the
Council's scope of authority, not relevant to Council business, and that does not serve a governmental purpose,
Is not permitted.
Restrictions on Public Comments - All public comment remarks shall be addressed to the Council as a whole
and not to any member thereof. No person, other than members of the City Council and the person having the
floor shall be permitted to enter Into any discussion. No questions shall be asked of the City Council except
through the presiding officer.
Disruptive Conduct - Any person who disrupts a meeting to the extent that Its orderly conduct Is made
Impractical may be removed from the meeting by order of the presiding officer.
Accommodations - The meeting site Is accessible to Individuals with disabilities. Reasonable efforts to assist
and accommodate persons with physical disabilities desiring to attend shall be made per NRS 241.020(1 ). Please
call the City Clerk's office (775) 353-2350 at least three (3) business days before the meeting to make
arrangements.
If you have questions, you may flnd additional information at www.cltyofsparks.us or call the City Clerk's office at
(775} 353-2350.
Sparks City Council Meeting Agenda Page 2 or 4
Sparks City Council Meeting 4/10/2017
Monday, April 10, 2017 2:00 PM
Council Chambers, Legislative Bldg, 745 4th St., Sparks, NV
1. Call to Order
2. Roll Call
3. Opening Ceremonies
3.1 Invocation Speaker: Pastor Barb West
Sparks Church of the
Nazarene
3.2 Pledge of Allegiance
4. Public Comment
S.Agenda
5. 1 Approval of the Agenda (FOR POSSIBLE ACTION)
6. Minutes
6.1 Consideration and possible approval of the minutes of the regular Sparks
City Council meeting of March 27, 2017 . (FOR POSSIBLE ACTION)
7. Announcements, Presentations, Recognition Items and Items of Special
Interest
7.1 Proclamation : Fair Housing Month
7.2 Proclamation: Donate Life Month & Wear Blue and Green Day
7.3 Proclamation : Publlc Safety Telecommunications Week
8. Consent Items
8.1 Report of Claims and Bills approved for payment and appropriation transfers
for the period March 9. 2017 through March 22, 2017. (FOR POSSIBLE
ACTION)
8.2 Consideration and possible approval of a Final Map for Kiley Ranch Village 38
-Phase 2 Subdivision. (FOR POSSIBLE ACTION)
8.3 Consideration and possible approval to purchase two vehicles from Carson
Dodge In the amount of $59,335.50. (FOR POSSIBLE ACTION)
8.4 Consideration and possible approval of an application for Sartin! Gaming,
LLC. a subsidiary of Golden Gaming LLC. dbat The Elbow Room located at
2002 Victorian Ave., Sparks, Nevada submitted by Mr. Steohen Anthony
Arcana. (FOR POSSIBLE ACTION)
8.5 Consideration and possible approval of an application for Sartinl Gaming,
LLC, a subsidiary of Golden Gaming LLC, dbat Smith's Food & Drug #357
located at 1255 Baring Blvd .. Sparks. NV submitted by Mr. Stephen Anthony
Arcana. (FOR POSSIBLE ACTION)
Sparks City Council Meeting Agenda Page 3 of 4
LLC, a subsidiary of Golden Gaming LLC, dbat David's Bar & Grill located at
6590 N. Wingfield Parkway, Sparks, NV submitted by Mr. Stephen Anthony
Arcana. (FOR POSSIBLE ACTION)
8 .7 Consideration and possible approval of an application for Sartini Gaming,
LLC, a subsidiary of Golden Gaming LLC. dbat Citl Mart located at 91 E. Prater
Way, Sparks. NV submitted by Mr. Stephen Anthony Arcana. (FOR POSSIBLE
ACTION)
8 . 8 Consideration and possible approval of an application for Sartin! Gaming,
LLC, a subsidiary of Golden Gaming LLC, dbat Lisa Mae's G Street Saloon
located at 2285 G Street, Soarks, Nevada submitted by Mr. Stephen Anthony
Arcana. (FOR POSSIBLE ACTION)
8 . 9 Consideration and possible approval of an application for Sartlni Gaming,
LLC. a subsidiary of Golden Gaming LLC. dbat Sparks Lounge located at 1237
Baring Blvd., Sparks, Nevada submitted by Mr. Stephen Anthony Arcana. (FOR
POSSIBLE ACTION)
8.10 Consideration and possible approval of an application for Sartin! Gaming,
LLC, a subsidiary of Golden Gaming LLC. dbat 7-11 #33023 located at 1400
East Prater Way, Sparks, Nevada submitted by Mr. Stephen Anthony Arcana.
(FOR POSSIBLE ACTION)
8.11 Consideration and possible approval of an application for Sartini Gaming,
LLC. a subsidiary of Golden Gaming LLC. dbat Gold Midget Market located at
128 Victorian Avenue, Sparks, Nevada submitted by Mr. Stephen Anthony
Arcana. (FOR POSSIBLE ACTION)
8.12 Consideration and possible approval of an application for Sartini Gaming,
LLC. a subsidiary of Golden Gaming LLC. dbat AM PM #82385 located at 1701
Victorian Avenue. Sparks, Nevada submitted by Mr. Stephen Anthony Arcana.
(FOR POSSIBLE ACTION)
8.13 Consideration and possible approval of an application for Sartin! Gaming,
LLC, a subsidiary of Golden Gaming LLC, dbat Paddy & Irene's located at 906
Victorian Avenue #A, Sparks, Nevada submitted by Mr. Steohen Anthony
Arcana. {FOR POSSIBLE ACTION)
8.14 Consideration and possible approval of an application for Sartini Gaming,
LLC, a subsidiary of Golden Gaming LLC, dbat Navjots Discount Liquor located
at 545 Nichols Blvd .. Sparks, Nevada submitted by Mr. Stephen Anthony
Arcana. {FOR POSSIBLE ACTION)
8.15 Consideration and possible approval of an application for Sartin! Gaming,
LLC, a subsidiary of Golden Gaming LLC, dbat CVS Pharmacy #9965 located
at 680 North McCarran Blvd .. Sparks, Nevada submitted by Mr. Stephen
Anthony Arcana . {FOR POSSIBLE ACTION)
8.16 Consideration and possible approval of an application for Sartin! Gaming,
LLC, a subsidiary of Golden Gaming LLC, dbat Food Maxx #7225 located at
565 East Prater Way, Sparks. Nevada submitted by Mr. Stephen Anthony
Arcana. {FOR POSSIBLE ACTION)
8 .17 Consideration and possible approval of an apolication for Sartin! Gaming,
LLC, a subsidiary of Golden Gaming LLC. dbat Raley's # 102 located at 2895
North McCarran Blvd .. Sparks. Nevada submitted by Mr. Stephen Anthony
Arcana. (FOR POSSIBLE ACTION)
8.18 Consideration and possible approval of an application for Sartini Gaming,
LLC. a subsidiary of Golden Gaming LLC. dbat Safeway #2656 located at
2858 Vista Blvd .. Sparks, Nevada submitted by Mr. Stephen Anthony Arcana.
{FOR POSSIBLE ACTION)
8.19 Consideration and possible approval of an application for Sartin! Gaming.
LLC. a subsidiary of Golden Gaming LLC, dbat Raley's #110 located at 2389
Wingfield Hills, Sparks, Nevada submitted by Mr. Stephen Anthony Arcana.
(FOR POSSIBLE ACTION)
Spnrks City Council Meetins Ascndo Page 4 of4
8.20 Consideration and possible approval of an application for Sartin! Gaming,
LLC. a subsidiary of Golden Gaming LLC, dbat Ouik Stop #170 located at 125
Salomon Court, Sparks, Nevada submitted by Mr. Stephen Anthony Arcana.
(FOR POSSIBLE ACTION)
9. General Business
9.1 Consideration, discussion and possible appointment of a City Council
member to the Regional Animal Services Advisory Board from the following
pool of applicants listed in alphabetical order: Donald Abbott, Charlene Bybee,
Kristopher Dahir, Ed Lawson and Ron Smith. (FOR POSSIBLE ACTION)
9.2 Consideration, discussion and possible aporoval of the Mayor's
recommendation of an appointment to the Truckee River Fund Advisory
Committee (from the following pool of applicants listed In alphabetical order:
Ron Penrose). (FOR POSSIBLE ACTION)
9.3 Consideration and possible approval of the Mayor's recommendation of an
appointment to the Reno-Tahoe Airport Authority Board of Trustees from the
following pool of applicants listed in alohabetlgtl order: Jeff Bowling; Shaun
Carey; Katie Jo Cromeenes: David Shocket. (FOR POSSIBLE ACTION)
9 .4 Consideration and possible acceptance of gifts from citizens for purchase of
bullet resistant vests for two Soarks Pollee Department pollee service dogs.
{FOR POSSIBLE ACTION)
9 .5 Consideration and possible direction to the City Manager for possible
amendments to Title 5 and Title 20 of the Sparks Municipal Code regarding the
operations, sales and taxing of recreational marijuana In the City of Sparks.
{FOR POSSIBLE ACTION)
9.6 Presentation. discussion and possible direction on 2017 Nevada Legislative
Session Assembly Bill 039 (Regional Planning), Assembly Bill 193 (Water
Fluoridation), and Senate Bill434 (Charter Change) . (FOR POSSIBLE ACTION)
10. Public Hearing and Action Items Unrelated to Planning and Zoning
10.1 Public Hearing, consideration and possible approval of a request from
Copper Canyon Partners, LLC to the City of Sparks for the abandonment of
Salomon Court public right-of-way CAB-144) . (FOR POSSIBLE ACTION)
11. Planning and Zoning Public Hearings and Action Items
11.1 None
12. Comments
12.1 Comments from the Public
12.2 Comments from City Council and City Manager
13. Adjournment