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STATE OF CALIFORNIA
Nate Beason, 1 District Ed Scofield, 2nd District Terry Lamphier, 3rd District Wm. “Hank” Weston, 4th District (Vice Chair) Ted S. Owens, 5th District (Chair) ****** Donna Landi, Clerk of the Board Richard A. Haffey, County Executive Officer Alison Barratt-Green, County Counsel
BOARD OF SUPERVISORS
950 Maidu Avenue Nevada City, CA 95959-8617 Phone: (530) 265-1480 Fax: (530) 265-9836 E-Mail: email@example.com
Post Comments on this Agenda and View Live Web Streaming of Board Meetings: http://nevco.granicus.com/ViewPublisher.php?view_id=3 Supporting Documents for this Agenda are available here: Supporting Documents
for a Regular Meeting of the Board of Supervisors, Tuesday, December 11, 2012, at 9:00 a.m., in the Board Chambers, First Floor, Eric Rood Administrative Center, 950 Maidu Avenue, Nevada City, California
This meeting is being broadcast live on NCTV Channel 17, in the Western County and Truckee-Tahoe Community TV (TTCTV) Channel 24 Video Conferencing at 11:45 a.m. for Public Comment from the Board of Supervisors Chambers to the Truckee Town Council Front Conference Room, 2nd Floor 10183 Truckee Airport Road, Truckee, California
The Board of Supervisors welcomes you to its regular meetings that are scheduled the second and fourth Tuesdays of every month. Your interest is encouraged and appreciated. ANY MEMBER OF THE AUDIENCE DESIRING TO ADDRESS THE BOARD ON A MATTER ON THE AGENDA: Please approach the rostrum and, after receiving recognition from the Chair, give your name and comments or questions as all meetings are recorded. In order that all interested parties have an opportunity to speak, please limit your comments to the specific item under discussion. Time limitations are explained on the last page of the agenda. The meeting room is accessible to people with disabilities. Anyone requiring reasonable accommodation to participate in the meeting should contact the Clerk of the Board’s office by calling (530) 265-1480 at least four days prior to the meeting. TTY/Speech-to-Speech users may dial 7-1-1 for the California Relay Service. The agenda and all supporting documents are available for review during regular business hours at the Clerk of the Board office, 950 Maidu Avenue, 2nd Floor, Suite 200, Nevada City, California. The agenda and certain supporting documents may be obtained on the Clerk of the Board’s website at http://www.mynevadacounty.com/nc/bos/cob. Please note that the on-line agenda may not include all related or updated documents. Proposed actions and supporting documents are considered draft until acted upon by the Board. All items listed on the agenda may be acted upon by the Board of Supervisors. ************************************************************* 1
REGULAR MEETING: 9:00 A.M. STANDING ORDERS: Call the meeting to order. Pledge of Allegiance. Corrections and/or deletions to agenda. SCHEDULED ITEM: 9:02 A.M. 1. Recognition by District V Supervisor Ted Owens of his representatives on the Airport Commission, Building Standards Board of Appeals, Nevada County Historical Landmarks Commission, Planning Commission, and Sewage Disposal Technical Advisory Group.
CONSENT CALENDAR: These items are expected to be routine and noncontroversial. The Board of Supervisors will act upon them at one time without discussion. Any Board member, staff member or interested party may request that an item be removed from the consent calendar for discussion. Health and Human Services Agency: Jeffrey Brown 2. Resolution authorizing execution of Amendment 5 to Standard Agreement 11B-5726 with the State Department of Community Services and Development (CSD) (Res. 11-092) for the Low Income Home Energy Assistance Program (LIHEAP), extending the ending date of the grant agreement from December 31, 2012 to April 30, 2013. 3. Resolution authorizing execution of contract with Kenneth Cutler, M.D. to serve as Nevada County’s Acting Public Health Officer and Registrar on an interim basis, in the maximum amount of $126,000, for the period January 1, 2013 through December 31, 2013, and approving the appointment of Dr. Kenneth Cutler as Nevada County’s Public Health Officer effective as of January 1, 2013.
Director of Behavioral Health: Michael Heggarty 4. Resolution authorizing execution of Amendment 1 to contract with Community Recovery Resources (CoRR) (Res. 12-257) pertaining to comprehensive treatment and services for persons with both a psychiatric and substance abuse addiction (Co-Occurring Disorder), revising Exhibit ―A‖, Schedule of Services, to allow flexibility of caseload numbers between qualified youth and adults to better serve community needs, increasing the contract maximum price from $100,00 to $200,00 based on anticipated usage, for the period July 1, 2012 through June 30, 2013. 5. Resolution authorizing execution of contract with SPIRIT—Peers for Independence and Recovery, Inc. for the provision of peer support services to individuals in emotional crisis to enhance and expand services to meet an unmet community need as a component of the County’s Mental Health Services Act (MHSA) Community Services and Supports (CSS) Plan, in the maximum amount of $45,810, for the period January 1, 2013 through June 30, 2013. Resolution authorizing execution of the Supportive Housing Program (SHP) Agreement with the United States Department of Housing and Urban Development (HUD), Office of Community Planning and Development, for development of long-term community housing for homeless persons with disabilities as part of the Summer’s Haven Housing Project, in the amount of $109,244 for a one-year term, and authorizing the County to enter into necessary lease agreements for the Supportive Housing Program. 2
Resolution authorizing and directing the Auditor-Controller to amend Behavioral Health’s Fiscal Year 2012/13 budget pertaining to Supportive Housing Program (SHP) Grant funding from the U.S. Department of Housing and Urban Development (HUD), Office of Community Planning and Development. (4/5 affirmative vote required.)
Interim Director of Social Services: Katy Eckert 8. Resolution authorizing execution of Amendment 1 to contract with Nevada Sierra Regional In-Home Supportive Services (IHSS) Public Authority (Res. 12-309) pertaining to IHSS provider enrollment and timesheet processing to include additional duties related to the transitioning to the Case Management Information Payrolling System II (CMIPS II), which revises the maximum amount from $81,711 to $84,711, for the period July 1, 2012 through June 30, 2013. Clerk-Recorder/Registrar of Voters: Gregory Diaz 9. Resolution amending Resolution 12-444 making appointments in lieu of November 6, 2012 General Election for Special District Boards, correcting the length of term for two seats on the Oak Tree Community Recreation and Park District from a two-year to four-year term. 10. Resolution adopting the Certified Statement of the County Clerk of the results of the November 6, 2012 General Election held in the County of Nevada.
District Attorney: Clifford Newell 11. Resolution accepting the California Emergency Management Agency (Cal EMA) Grant Award UV12-03-0290 for the Nevada County Unserved/Underserved Victim Advocacy and Outreach Program, in the amount of $116,420 funded through Federal Victim of Crime Act (VOCA) Grant funds, for the period October 1, 2012 through September 30, 2013. 12. Resolution accepting the California Emergency Management Agency (Cal EMA) Grant Award VW12-26-0290 for the Nevada County Victim/Witness Assistance Program, with State Victim Witness Assistance (VMA) funds in the amount of $68,374 and Federal Victim of Crime Act (VOCA) funds in the amount of $53,565, for a total amount of $121,939, for the period July 1, 2012 through June 30, 2013.
Agricultural Commissioner: Jeffrey Pylman 13. Resolution authorizing execution of Agreement 12-0348-SF with the California Department of Food and Agriculture (CDFA) pertaining to County invasive weed control projects, in the amount of $37,970, for the period July 1, 2012 through June 30, 2014. Planning Director: Brian Foss 14. Resolution adopting findings for the retention of unexpended recreation mitigation fees in the Grass Valley/Nevada City and Twin Ridges Benefit Zones, and directing the Director of the Community Development Agency and Auditor-Controller to retain said fees. (Dists. I, III & IV) Director of Public Works: Steven Castleberry 15. Resolution authorizing execution of Amendment 4 to contract with ADKO Engineering for bridge design services for the Maybert Bridge Replacement Project near the Town of Washington in Eastern Nevada County (Canyon Creek Bridge No. 17C-0030 over Canyon Creek, Contract 224017) (Res. 08-323), providing additional bridge design services, changing the contract expiration date from October 1, 2013 to March 31, 2015, and increasing the contract by $34,482.37 for a total contract amount of $381,847.77. (Dist. V)
Resolution authorizing execution of contract to acquire of right-of-way for the purchase of approximately 9,845 square feet of road frontage, located at 10018 Combie Road, Auburn (APN 57-141-31), from B.H. Nix and Barbara Lois Nix Family Trust for the Combie Road Corridor Improvement Project, in the amount of $38,500, authorizing the payment of the County’s share of closing costs, and authorizing the Director of the Department of Public Works to execute on behalf of the County any and all additional documents required to consummate this real property transaction, including the certificate of acceptance. (Dist. II) Resolution accepting the Northern Sierra Air Quality Management District (NSAQMD) AB 2766 DMV surcharge fee grant funding in the amount of $40,000, for the period January 1, 2013 through December 31, 2013, authorizing execution of Agreement AB 2012-04 for installation of a crosswalk with a pedestrian activated flashing light system at the intersection of Sunset Ridge Drive and Magnolia Road, and directing the Auditor-Controller to amend the Fiscal Year 2012/13 Department of Public Works budget. (4/5 affirmative vote required.)
Director of Child Protective Services: Tex Ritter 18. Resolution approving contract and authorizing the Director of Nevada County Collections Division to execute Agreement M386804 with the State of California Employment Development Department (EDD) for employment, and wage and address information on debtors submitted by Collections who have court-ordered debt, for the estimated amounts of $525 for FFY 2012/13, $1,312 for FFY 2013/14, and $1,313 for FFY 2014/15, for a maximum dollar amount of $3,150, with an initial term of July 1, 2012 through June 30, 2015. (Collections Division) Chief Information Officer: Stephen Monaghan 19. Resolution authorizing execution of the Third Amendment to the Lease Agreement with Sammie’s Friends Humane Society for the Nevada County Animal Shelter building (Res. 10160), located at 14647 McCourtney Road, Grass Valley, adjusting the monthly rent for the period January 1, 2013 through June 30, 2013 to $4,206 per month due to determination that the Consumer Price Index (CPI) used for the rent calculation for the three-year term of the Agreement was not current and requires adjustment to more closely align with the terms of the Lease, and directing the Auditor-Controller to pay $612 to Sammie’s Friends for excess rent paid from July 1, 2012 through December 31, 2012. (Facilities) County Librarian: Jessica Hudson 20. Resolution accepting grant and authorizing execution of Northern Sierra Air Quality Management District (NSAQMD) Grant Agreement AB 2012-05 to provide downloadable audio and eBooks through the LibraryToGo platform, in the amount of $17,935 with a matching requirement of $10,856, for the period January 1, 2013 through December 31, 2013, and directing the Auditor-Controller to amend the Fiscal Year 2012/13 Library budget. (4/5 affirmative vote required.) County Executive Officer: Richard Haffey 21. Resolution authorizing execution of contract with Jennifer Walters Staniar for Conflict Indigent Defense Services, in the maximum amount of $60,000, for the period December 11, 2012 through June 30, 2014. Clerk of the Board: Donna Landi 22. Appointment of Mr. Charles Brock as alternate member to the Assessment Appeals Board, for a one-year term ending September 30, 2013. 23. Appointment of Ms. Nicole Pollack as the Social Services Director representative to the First 5 Nevada County Children and Families First Commission, for a two-year term ending October 31, 2014. 4
24. 25. 26. 27. 28.
Acceptance of resignation from Ms. Vicki Downs, public member, from the Adult and Family Services Commission. Acknowledgement of Supervisor Terry Lamphier’s appointment of Mr. Jonathan Keehn as District III representative to the Building Standards Board of Appeals. Acknowledgement of Supervisor Hank Weston’s appointment of Mr. John Payne as District IV representative to the Building Standards Board of Appeals. Approval of the Conflict of Interest Code for Nevada County Consolidated Fire District. Acceptance of Board of Supervisors minutes for November 13, 2012.
DEPARTMENT HEAD MATTERS: Agricultural Commissioner: Jeffrey Pylman 29. (Waive Further Reading/Introduction) An Ordinance adding Article 14 to Chapter IX of the Nevada County General Code regarding Aquatic Invasive Species Prevention. Chief Probation Officer: Michael Ertola 30. Resolution approving the Nevada County Community Corrections Partnership Plan for 2012/13. Director of Public Works: Steven Castleberry 31. Discussion of the Draft 2013 Annual Update of the Nevada County Department of Public Works Road Maintenance and Capital Improvement Five Year Plan, Fiscal Year 2012/13 through Fiscal Year 2016/17. Chief Information Officer: Stephen Monaghan 32. Resolution authorizing Northeast California Counties Film Commission to act as Nevada County’s Regional Film Partner to the film industry in providing location services and promoting the County of Nevada as a film location, and that the Board agrees to lend its support to the efforts to the Commission in promoting the same. 33. Resolution authorizing execution of an agreement with Manatron, Inc., for the purchase and implementation of the Government Revenue Management (GRM) software system for administration of the County’s property taxes, in the total amount of $1,796,042, inclusive of $720,042 for five years of maintenance on the system, authorizing the Purchasing Agent to approve amendments to the agreement for unanticipated additional costs that may be required for implementation of the software project up to fifteen percent of the implementation costs portion of the agreement, and directing the Auditor-Controller to reduce the 2012/13 Information Systems infrastructure designation of the General Fund by $985,574, increase the General Fund Contingency by $895,264, amend the Fiscal Year 2012/13 Information Systems budget, and authorize the purchase of the capital assets. (4/5 affirmative vote required)
SCHEDULED ITEM: 11:00 A.M. 34. Public hearing to consider adoption of a Resolution re-establishing the fee for release of County documents of public record in electronic form at the request of a citizen or agency, to be effective December 11, 2012. (This item has been pulled from the agenda and it is being rescheduled for January 8, 2013 at 10:30 a.m.)
SCHEDULED ITEM: 11:10 A.M. 35. Public hearing to review and consider approval of the Truckee Fire Protection District 2012/2013 Capital Facilities and Mitigation Fee Expenditure Plan. This plan applies to the unincorporated area of Nevada County that is within the District. The 2012/2013 plans do not recommend a rate change from the previous year. Resolution adopting development impact mitigation fees for the Truckee Fire Protection District, pursuant to Nevada County Land Use and Development Code Section L-IX 2.3, effective February 9, 2013: Residential – Single Family $0.68 and Multi-family $0.90; and Nonresidential – Industrial $0.47, Commercial $0.66 and Office $0.95. SCHEDULED ITEM: 11:20 A.M. Steven DeCamp, Community Development Agency Director 36. Public hearing to establish a revised Community Development Agency Fee Schedule to replace the existing fee schedule for the Building Department, Environmental Health Department, Code Compliance Division, Planning Department, Agriculture Department and the County Surveyor. Changes to the existing fee schedule, adopted June 6, 2012, are related to weights and measures inspection fees, phytosanitary certificate fees, cottage food industry fees, and body art fees relative to recent State legislation. Resolution establishing a revised Community Development Agency Fee Schedule to replace the existing fee schedule (Res. 12-193) for the Building, Environmental Health, Agriculture and Planning Departments, including the Code Compliance and County Surveyor Divisions, effective February 9, 2013. SCHEDULED ITEM: 11:30 A.M. Brian Foss, Planning Director 37. Public hearing to consider the approval of a new Williamson Act Contract for the Ellis Cattle Company proposing to establish an Agricultural Preserve pursuant to the Land Conservation Act on an 806-acre parcel of land and to find that the application proposed is not subject to environmental review pursuant to Section 15317 of the California Environmental Quality Act Guidelines. Location: 23914 Big Spring Drive, Penn Valley (Assessor’s Parcel Numbers: 54-040-22, -32, -34, -35, -38, -39, -41, -42, -43, -46, -47, -48, -49,). (Dist. IV) Resolution approving a new Williamson Act Contract and authorizing execution of a Nevada County Agricultural Preserve Contract with the Ellis Family Partnership, LC (AG12-001). PUBLIC COMMENT: 11:45 A.M. (Members of the public shall be allowed to address the board on items not appearing on the agenda that are of interest to the public and are within the subject matter jurisdiction of the Board.) Recess for lunch: AFTERNOON SESSION SCHEDULED ITEMS: 1:30 A.M. 38. 39. 40. Recognition of Supervisor Ted Owens as Chair of the Board of Supervisors. Certificate of Recognition for Ms. Mary Ann VanMeter. Recognition of Supervisor Ted Owens, Fifth District Supervisor, for his contributions while serving as a Board of Supervisors’ member. 6
DEPARTMENT HEAD MATTERS: (Continued) County Counsel: Alison Barratt-Green 41. (Waive Further Reading/Introduction) An Ordinance Adding Chapter VIII to the Nevada County Administrative Code Establishing a Special Claims Procedure for Claims Against the County of Nevada. *ANNOUNCEMENTS: Pursuant to Government Code Section 54954.2, Board members and County Executive Officer may make a brief announcement or brief report on his or her activities. Board members and County Executive Officer may also provide a reference to staff or other resources for factual information, request staff to report back to the Board at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. *CLOSED SESSION: Pursuant to Government Code Section 54956.9(a), County Counsel is requesting a closed session to discuss the following existing litigation cases (two): Case Name: Gregory Pellerin vs. Nevada County California, et al., Court No.: United States District Court, Eastern District of California, Case No.: 2:212-cv-00665-KJM-CKD; and Case Name: June Reiersen vs. Nevada County Gold Country Stage, et al., Court No.: Superior Court of California, County of Nevada Case No. 78494. Pursuant to Government Code Section 54956.8, the Board of Supervisors desires to hold closed sessions regarding the following property negotiations. The negotiators for the County are Steve Monaghan, Chief Information Officer, and Tom Coburn, Program Manager, Facilities Management. Items under negotiation concern the price and terms of payment for the properties and the property interest to be obtained: 1) 333 Crown Point Circle, Grass Valley, California, 95945, Assessor’s Parcel Number: 09-690-04. The negotiator is Lock Richards, Sperry Van Ness Highland Commercial on behalf of property owner Thomas R. Huening, Trustee; 2) 201 Commercial Street, Nevada City, California, 95959, Assessor’s Parcel Number: 05-396-24, the negotiators and property owners are Gary Tintle and Ken Baker; and 3) 109 N. Pine Street, Nevada City, California 95959, Assessor’s Parcel Number: 05-397-01, the negotiators and property owners are Gary Tintle and Ken Baker. Pursuant to Government Code Section 54957(b)(1), the County Executive Officer is requesting a closed session for a public employee performance evaluation: County Executive Officer. ADJOURNMENT: *(The Board of Supervisors can discuss these items at any time during the meeting.) Click Supporting Documents to access supporting documents on the Board of Supervisors Document Portal.
This agenda was posted on bulletin boards 72 hours in advance of the meeting at the following locations: 1. Eric Rood Administrative Center; outside Board office, outside Board Chambers, and outside main entrance. 2. Madelyn Helling Library. 3. Truckee Town Hall Posted: 12/6/2012. (12/11/12) 7
PERSONS DESIRING TO ADDRESS THE BOARD CONTROL OF MEETING: The Board Chairperson shall first caution any person at the meeting who is abusive, disruptive, or out of order, and then ask that person to leave if the person will not stop; additionally, the Chair reserves the right to recess the meeting until the person leaves or is escorted out and order is restored. PUBLIC COMMENT: Members of the public shall be allowed to address the Board of Supervisors on items not appearing on the agenda, which are of interest to the public and are within the subject matter jurisdiction of the Board. Under state law, matters presented under this item cannot be discussed or acted upon by the Board at this time. The following procedures shall be in effect with regard to the public’s exercise of this right: 1) The total amount of time allotted for receiving such public comment may be limited to not less than 15 minutes during any regular Board meeting. 2) The Chair may limit any individual to not less than 3 minutes. Time to address the Board will be allocated on a basis of the order of requests received. Not all members may be allowed to speak if the total time allocated expires. At special meetings of the Board, public comment will only be allowed on matters appearing on the agenda. AGENDA ITEMS: The Board shall allow public comment on items appearing on the agenda when the agenda item is considered by the Board provided, however, that the Board may limit the total amount of time for comment on any agenda item to no less than 3 minutes for each individual and 15 minutes per agenda item. Comments by the public must be relevant to the item on the agenda being considered by the Board. (Res. 94-313) PUBLIC HEARINGS: All members of the public shall be allowed to address the Board as to any item, which is noticed on the Board’s agenda as a public hearing. The Board may limit any person’s input to not less than 5 minutes. Any person may provide the Board with a written statement in lieu of or in supplement to any oral statement made during a public hearing. Written statements shall be submitted to the Clerk of the Board. Whenever a public hearing has been conducted at a prior session of the Board and the public hearing has been closed, and the matter is continued to a subsequent meeting for Board deliberation and/or action, the Board shall not allow public testimony on the item provided, however, that the Board may, in its sole discretion, elect to continue the matter and to reopen the public hearing following appropriate notice. (Res. 94-313) ORDINANCES: An ordinance which by statute may be passed immediately upon introduction only after notice and a public hearing. An urgency ordinance may be passed immediately upon introduction. Ordinances shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting unless authorization by statute as indicated above. The Board of Supervisors will address ordinances at first readings. The public is urged to address ordinances at first readings. Passage of ordinances will be held at second readings, after reading the title. Adoption of the ordinance is made by majority vote. The Board reserves the right to amend any proposed ordinances and to hold a first reading in lieu of a second reading. (Gov. Code Section 25131, et seq.) INFORMATIONAL CORRESPONDENCE: The Board may direct any item of informational correspondence to a department head for appropriate action.
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