COUNTY OF NEVADA

STATE OF CALIFORNIA
Nate Beason, 1 District (Vice Chair) Ed Scofield, 2nd District Terry Lamphier, 3rd District Wm. “Hank” Weston, 4th District (Chair) Richard Anderson, 5th District ****** Donna Landi, Clerk of the Board Richard A. Haffey, County Executive Officer Alison Barratt-Green, County Counsel
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BOARD OF SUPERVISORS
950 Maidu Avenue Nevada City, CA 95959-8617 Phone: (530) 265-1480 Fax: (530) 265-9836 E-Mail: bdofsupervisors@co.nevada.ca.us
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

AGENDA
for a Regular Meeting of the Board of Supervisors, Tuesday, September 10, 2013, 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 18 Video Conferencing at 11:45 a.m. for Public Comment District V Board of Supervisors Conference Room behind the Sheriff’s Substation 10879A Donner Pass 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 ITEMS: 9:02 A.M. 1. 2. Resolution proclaiming the week of September 17 through 23, 2013 as Constitution Week in Nevada County. (Ms. Susan Olander, Daughters of the American Revolution) Resolution proclaiming September 21, 2013 as South Yuba River Citizens League’s (SYRCL) 16th Annual Yuba River Cleanup Day in Nevada County.

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. Director of Behavioral Health: Michael Heggarty 3. Resolution approving an Agreement between the Nevada County Behavioral Health Department and the Nevada County Special Education Local Plan Area (SELPA) pertaining to the delivery of Educationally Related Mental Health Services (ERMHS) for special education pupils as identified in the student’s Individualized Education Program (IEP), with Nevada County SELPA reimbursing Behavioral Health for necessary mental health services provided to eligible students as set forth in Exhibit “B”, Schedule of Rates and Payment, for the period July 1, 2013 through June 30, 2014, and authorizing the Chair of the Board of Supervisors to execute the Agreement. 4. Resolution approving contract with St. Helena Hospital for the provision of Psychiatric Inpatient Hospital Services under Welfare and Institutions Code Section 5150 for referred County clients, in the maximum contract price of $138,400, for the period July 1, 2013 through June 30, 2014, and authorizing the Chair of the Board of Supervisors to execute the contract.

Director of Social Services: Nicole Pollack 5. Resolution approving Amendment 1 to contract with Area 4 Agency on Aging for the provision of services pertaining to Early Detection Depression Screening and Falls Prevention for Nevada County seniors as a component of the Prevention and Early Intervention (PEI) Program (Res. 13-230), increasing the contract maximum price from $50,000 to $53,000 to help defray the Contractor’s costs associated with Falls Prevention Week events, and authorizing the Chair of the Board of Supervisors to execute the Amendment. Interim Public Health Officer: Tex Ritter 6. Resolution approving an Agreement with Tahoe Truckee Community Foundation (TTCF) pertaining to reimbursing the Nevada County Public Health Department for the services of a Health Education Specialist to provide project coordination services related to the Tahoe Truckee Future Without Drug Dependency (TTFWDD) Project, in the maximum payable amount of $27,262.56, for the period October 1, 2013 through September 30, 2014, and authorizing the Chair of the Board of Supervisors to execute the Agreement. (09/10/13) 2

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Resolution approving Nevada County’s Comprehensive Tobacco Control Plan, enabling the County to continue providing important tobacco prevention and education activities for its residents and allowing continuation of State funding for the County’s Tobacco Use Prevention Program, in the amount of $150,000 for the period July 1, 2013 through June 30, 2014.

Director of Public Works: Steven Castleberry 8. Resolution accepting the Notice of Acceptance and Completion of contract with Chrisp Company for the Magnolia Road at Sunset Ridge Drive Crosswalk Rectangular Rapid Flashing Beacon (RRFB) Project – Contract No. 229621 (Res. 13-144), for a final cost of $24,860, and directing the Clerk of the Board of Supervisors to record this notice in accordance with Civil Code Section 9208. (Dist. II) 9. Resolution approving Amendment 2 to contract with Wood Rodgers to provide additional professional consulting support services for Hirschdale Road Bridge Removals and Hinton Road Alternative Access Project in Eastern Nevada County – Federal Project No. BHLO-ZA 5917, County Contract No. 224014 (Res. 10-250), expanding the scope of services, including additional cultural resource evaluations as requested by the State Historic Preservation Officer (SHPO) and Caltrans and added support services through completion of California Environmental Quality Act (CEQA), increasing the contract amount by $29,980, for a total contract amount not to exceed $369,704.50, extending the contract expiration date to December 31, 2014, and authorizing the Chair of the Board of Supervisors to execute the Amendment. (Dist. V)

Chief Information Officer: Stephen Monaghan 10. Resolution authorizing the County Executive Officer or designee to represent and to execute for and on behalf of the County of Nevada, a public entity established under the laws of the State of California, any actions necessary for the purpose of representing Nevada County as a member of the 109 North Pine Street Commercial Condominium Owners Association, and authorizing the County Executive Officer to appoint two members to the Board of Directors of the 109 North Pine Street Commercial Condominium Owners Association. 11. Resolution approving the Notice of Completion and Acceptance of contract with American Rivers for the Helling Library Parking Lot and Stormwater Runoff Project located at 980 Helling Way, Nevada City (Res. 12-389), directing the Clerk of the Board to record the Notice of Completion and Acceptance for the work at the Madelyn Helling Library, and upon receipt and approval of evidence of expenditures by American Rivers, and authorizing and directing the Auditor-Controller to release and pay the $50,000 reimbursement allocated for this Project.

Nevada County Librarian: Jessica Hudson 12. Resolution accepting the California State Library Literacy Services (CLLS) Literacy Award in the amount of $10,000 for use in Fiscal Year 2013/14 for the Read Up! Literacy Program, and authorizing the Auditor-Controller to sign and submit a claim for the purpose of covering a portion of the costs of providing literacy services to Nevada County residents. Clerk of the Board: Donna Landi 13. Acceptance of Board of Supervisors minutes for August 27, 2013.

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DEPARTMENT HEAD MATTERS: Director of Public Works: Steven Castleberry 14. (Introduction/Waive Further Reading) An Ordinance amending Subsection 50 of G-IV 3.A.5 of Article 3 of Chapter IV of the General Code of the County of Nevada pertaining to speed limits on Red Dog Road (Thirty-five miles per hour prima facie speed limit established, signs to be posted, on Red Dog Road from Hornbrook Road to Banner Quaker Hill Road). (Dist. I) 15. Resolution adopting the 2013 Nevada County Bicycle Master Plan, directing staff to forward a copy to the Nevada County Transportation Commission (NCTC) for submittal to the Caltrans Bicycle Facilities Unit for review and approval, and encouraging NCTC to continue its efforts to coordinate the regional transportation planning process and to work closely with staff of Nevada County to identify and resolve issues that are of common concern.

County Executive Officer: Richard Haffey 16. Resolution directing the Auditor-Controller to amend various Nevada County budgets and reduce the 2012/13 Unassigned fund balance of the General Fund by $22,441, through the Fourth Countywide Consolidated Budget Amendment for Fiscal Year 2012/13. (4/5 affirmative vote required.) *CLOSED SESSIONS: Pursuant to Government Code Section 54956.9(d)(1), County Counsel is requesting a closed session to discuss the following existing litigation cases: City of Grass Valley, et al, v. Ana Matosantos, et al. (Sacramento County Superior Court, Case No.: 34-2013-80001580) Winters v. Jordan, et al. (United States Eastern District Court, Case No.: 2:09-CV-00522-JAM-EFB) *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. SCHEDULED ITEM: 11:00 A.M. Sheriff Keith Royal 17. Sammie’s Friends Annual Report regarding the operation and administration of the Nevada County Animal Shelter. (Ms. Cheryl Wicks, Sammie’s Friends)

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:

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AFTERNOON SESSION SCHEDULED ITEMS: 1:30 P.M. 18. Public hearing to consider the Nevada County Planning Commission’s July 25, 2013 5-0 vote recommending the adoption of Negative Declaration (EIS13-005) and approval of a General Plan Land Use Map (GP12-001) and Zoning District Map Amendment (Z12-001) for a 0.26acre portion of a 1.29-acre split zoned property located at 11042 Rough and Ready Road. The project proposed to change the existing General Plan Land Use and Zoning Designations from Public (PUB/P) to a Rural-5 (RUR-5) General Plan designation and a General Agriculture-5 (AG-5) zoning designation, consistent with surrounding properties. Location: 11042 Rough and Ready Road, Rough and Ready, CA (APN 52-320-38). (Dist. IV) Resolution adopting a Negative Declaration (EIS13-005) in connection with the approval of a Resolution for a General Plan Land Use Map Designation Amendment (GP13-002), and a corresponding Ordinance amending Zoning District Map No. 028 (Z13-002), both limited to a 0.26-acre portion of a 1.26-acre parcel located at 11042 Rough and Ready Road, and directing the Clerk of the Board of Supervisors to file a Notice of Determination pursuant to California Environmental Quality Act (CEQA) Guidelines, Section 15075, within five working days after adoption of this resolution and approval of the proposed Project. Resolution approving and adopting an amendment to the Nevada County General Plan Land Use Maps, re-designating the 0.26-acre portion of a 1.29-acre parcel owned by George T. Loftus, III, from Public (P) to Rural with a 5-acre density limitation (RUR-5) as described and set forth in Exhibit “A”, located at 11042 Rough and Ready Road (GP13-002). (Introduction/Waive Further Reading/Adoption) An Ordinance amending Zoning District Map 028, rezoning a 0.26-acre portion of a 1.29-acre parcel from Public (P) to General Agriculture-5 (AG-5), located at 11042 Rough and Ready Road as proposed by George T. Loftus, III (Z13-002). 19. Public hearing to consider the Nevada County Planning Commission’s July 11, 2013, 5-0 recommendation to adopt a (EIS12-001) Mitigated Negative Declaration and to approve a (GP12-001) General Plan Land Use Designation Map Amendment (GPA) and (Z12-001) Zoning District Map (ZDM) amendment for ten parcels located between La Barr Meadows Road and State Highway 49 south of the City of Grass Valley. The project proposes to amend the existing Business Park (BP) General Plan Land Use and Zoning designations to a combination of Public/Public-Site Performance (PUB/P-SP) for five County-owned properties and Residential/Residential Agriculture (RES/RA-1.5) for five privately owned parcels, four of which are developed with single-family residences and associated structures. The proposed project is a General Plan Land Use Designation Map and Zoning District Map Amendment only and does not include a proposal for the development of any of the project parcels nor does it issue any entitlements for future development. Location: between La Barr Meadows Road and State Highway 49 approximately 1-mile south of the City of Grass Valley City Limits (Nevada County owned APNs 22-331-05; 22-331-06; 22-331-07; 22-33109; and 22-331-12) (Privately owned property APNs 22-331-08; 22-331-11; 22-250-23; 22250-16; and 22-331-10). (Dist. III) Resolution adopting a Mitigated Negative Declaration (EIS12-001) in connection with the approval of a Resolution for a General Plan Land Use Map designation amendment (G12001), and a corresponding Ordinance amending Zoning District Map No 054 (Z12-001), and directing the Clerk of the Board of Supervisors to file a Notice of Determination pursuant to California Environmental Quality Act (CEQA) Guidelines, Section 15075, within five working days after adoption of this resolution and approval of the proposed Project, making findings A through F in the staff report. (09/10/13) 5

Resolution approving and adopting an amendment to the Nevada County General Plan Land Use Maps, re-designating the approximately 40-acres owned by Nevada County (APNs 22331-05; 22-331-06; 22-331-07; 22-331-09; and 22-331-12) from Business Park (BP) to Public (PUB), and re-designating the privately-owned property (APNs 22-331-08; 22-33111; 22-250-23; 22-250-16; and 22-331-10) from Business Park (BP) to Residential (RES), consistent with the boundaries of said properties, as described and set forth in Exhibit “A” (GP12-001), making findings A through D in the staff report. An Ordinance amending Zoning District Map 054, to rezone from Business Park (BP) to Public-Site Performance (P-SP); to rezone from Business Park (BP) to Residential Agriculture with a 1.5-acre minimum parcel size (RA-1.5); and adding a note to Zoning District Map 054 in reference to the Site Performance (SP) Combining District (Z12-001), making findings A through E in the staff report. SCHEDULED ITEM: 2:00 P.M. 20. Public hearing to consider the Nevada County Planning Commission’s August 8, 2013 3-0, 2 absent, vote recommending the adoption of the proposed Zoning District Map (ZDM) Amendment (Z13-003). The project proposes to amend Zoning District Maps No. 075 and 086 from the existing Forest-160 (FR-160) Zoning Designation to a Timber Production Zone-160 (TPZ-160) Zoning Designation for one privately-owned 210.06-acre parcel located on Old Blue Road just north of State Highway 20. The proposed project is a Zoning District Map Amendment only and does not include the timber operation entitlement. The applicant is currently operating a timber production and harvest operation as permitted by the CA Department of Forestry and Fire Protection on the project site. Environmental Determination: Categorical Exemption pursuant to California Environmental Quality Act (CEQA) Guideline Section 15264. Location: 10365 Old Blue Road (APN 14-141-05). (Dist. V) An Ordinance amending Zoning District Maps 075 and 086, rezoning a 210.06-acre parcel from FR-160 to TPZ-160, located at 10365 Old Blue Road as proposed by Donald Steger (Z13-003), , making findings A through C in the staff report. 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. District V Board of Supervisors Conference Room. Posted: September 5, 2013. Notice was also posted at Grass Valley Library, Truckee Library, Truckee Joseph Center, and the Truckee Town Hall.

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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: Matters on the Agenda: The Board shall allow public comment on items appearing on the agenda during the time the agenda item is considered by the Board. The Chair may limit the total amount of time for comment on any agenda item to no less than 3 minutes for each individual. Comments by the public must be relevant to the item on the agenda being considered by the Board. Matters not on the Agenda: At regular meetings of the Board, members of the public shall be allowed to address the Board of Supervisors on matters not appearing on the agenda which are of interest to the public and which are within the subject matter jurisdiction the Board. Pursuant to the Ralph M. Brown Act, the Board shall not take any action or discuss any matter not appearing on the agenda; although staff may be asked to briefly respond to or follow up on such items. The Board will allocate at least 15 minutes for receiving public comment during any Board meeting. The chairperson of the Board may limit any individual desiring to address the Board to no less than 3 minutes. Time to address the Board will be allocated on the basis of the order in which the requests were received. At special meetings of the Board, there will not be a scheduled public comment period allocated for items not on the agenda. Public comment will only be allowed on matters appearing on the agenda at the time they are discussed by the Board. 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 three (3) 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 is conducted, the public hearing is closed, and the matter is continued to a subsequent meeting for Board deliberation and/or action, the Board shall not allow public comment and/or testimony on that item at the subsequent hearing. However, at the initial public hearing, prior to taking action, the Board may, at its sole discretion, elect to continue the matter and to reopen the public hearing. At the subsequent hearing, all information will be considered. The Board may also, at the initial public hearing, prior to taking action, announce that the public hearing is being continued for specific information and the public testimony will only be heard on new information specific to the Board’s direction. After the public hearing is closed, if the Board later decides to reopen the public hearing for public testimony, appropriate notices must be published. ORDER AND DECORUM: Individuals or organizations desiring to address the Board shall: 1) Address the Board from the podium after giving name and city of residence. Speakers shall direct their comments to the Board, not the audience; 2) Comment on the specific matter before the Board with reasons for the position taken; 3) A time limit of at least three minutes per speaker will be provided for all oral comments. Time limits may be increased at the Chair of the Board’s discretion; 4) The chair may, at his or her discretion allow five (5) minutes for those who are serving as a spokesperson for a group or organization; 5) A speaker may not yield time to another speaker; 6) No individual may speak more than once during the Public Comment period or on an item on the agenda unless recognized by the Chair as having new information; 7) In the interest of civil discourse, the same rules specified in the Board Order and Decorum (adopted every year by Resolution) and Robert’s Rules of Order (General Henry M. Robert) shall apply for this section as well, and are hereby incorporated by reference. It shall be the responsibility of the Chair to ensure public comments are conducted in such a manner that avoids disruptive activity, promotes mutual respect, keeps comments focused on issues, and avoids personal attack; and 8) Applicants, applicant representatives and appellants desiring to speak shall be permitted to speak first during the public comment portion of a public (09/10/13) 7

hearing for not more than ten (10) minutes (or fifteen (15) minutes at Appeal Hearings), unless different rules for conducting the hearing are provided by County code. Time limits may be increased at the Chair of the Board’s discretion. ORDINANCES: By statute, an ordinance 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 authorized 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; as 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. REFERENCES: Nevada County Resolution 13-050 (Public comment) Ralph M. Brown Act, California Government Code Sec. 54950, et. seq. (Open meetings law) Nevada County Land Use Code Sec. L-II 5.12 (Appeals)

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