COUNTY OF NEVADA

STATE OF CALIFORNIA
Nate Beason, 1st District (Vice Chair) Ed Scofield, 2nd District Terry Lamphier, 3rd District Wm. Hank Weston, 4th District ( Chair) Richard Anderson, 5th District

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

****** Donna Landi, Clerk of the Board Richard A. Haffey, County Executive Officer Alison Barratt-Green, County Counsel

AGENDA
for a Regular Meeting of the Board of Supervisors, Tuesday, May 14, 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

There will be no Video Conferencing in Truckee for Public Comment this meeting.
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 Boards 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 Boards 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. Certificate of Recognition for the Chicago Park community on its 125 year anniversary. (Supervisor Beason) Certificate of Recognition for the Local Heroes Memorial Bridge Tour scheduled for May 27, 2013. (Chair Weston)

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 Social Services: Nicole Pollack 3. Resolution authorizing execution of Amendment 1 to the Memorandum of Understanding (MOU) between the Nevada County Department of Social Services (DSS) and the Nevada County District Attorneys Office (NCDAO) pertaining to NCDAO receiving revenue from DSS for welfare fraud control services (Res. 12-348), increasing the maximum obligation from $94,328 to $109,620, and amending the Scope of Services to reflect budget increases within the service descriptions, for the period July 1, 2012 through June 30, 2013. 4. Resolution authorizing the Chair of the Governing Board of the Nevada-Sierra Regional InHome Supportive Services (IHSS) Public Authority, as the employer of record for the County of Nevada, to submit to the State Department of Social Services authorization implementing a wage increase to $8.81 per hour plus $.60 per hour for health benefits for IHSS Independent Providers within Nevada, Sierra, and Plumas Counties.

Interim Director of Public Health: Tex Ritter 5. Resolution authorizing execution of Agreement 12-10596 with the California Department of Public Health (CDPH) to provide funding to the Countys Public Health Department for administration of the AIDS (Acquired Immune Deficiency Syndrome) Drug Assistance Program (ADAP) to help ensure that eligible low-income County residents are able to access and maintain HIV prescription drug coverage, in the amount of $2,296 per fiscal year for a total contract maximum of $6,888, for the period July 1, 2012 through June 30, 2015. 6. Resolution authorizing execution of Amendment A01 to Standard Agreement 11-10048 with the California Department of Public Health (CDPH) for funding services related to sexually transmitted disease (STD) prevention and control activities (Res. 11-399), extending the Agreement for two additional years and awarding funding in the amount of $5,041 for Fiscal Year 2013/14 and $5,041 for Fiscal Year 2014/15, for a revised maximum amount of $20,164, for the period July 1, 2011 through June 30, 2015.

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7.

Resolution authorizing execution of Amendment A03 to Standard Agreement 09-86032 with the California Department of Health Care Services (CDHCS) for the County to perform local Medi-Cal Administrative Activities (MAA) for Medi-Cal eligible and potentially eligible members of the community (Res. 09-147), amending language in Exhibit B adding Program Name and Number for Federal Claiming and Exhibit E adding Provision 8, Definitions, as requested by KPMG, LLP Auditor, in the maximum amount of $525,000, for the period July 1, 2009 through June 30, 2014.

Chief Information Officer: Stephen Monaghan 8. Resolution rescinding Resolution 13-136, and approving and authorizing execution of the revised First Amendment to the Lease Agreement with 100 Union Street, LLC, for District Attorney office space located at 110 Union Street, Nevada City (Res. 08-035), adding Paragraph 2, a Consumer Price Index (CPI) increase of 2% due May 1, 2013 to the monthly rental payment amount, for an amount of $10,612.01 per month through December 31, 2013, and if the Tenant is still in possession of the premises as of January 14, 2014, the monthly rental payment shall be $13,265.01 for the remainder of the term of the Lease Agreement. Director of Public Works: Steven Castleberry 9. Resolution approving the Maintained Mileage Certification for 2013, certifying the total mileage of County maintained roads to be 561.00 miles. 10. Resolution approving Environmental Clearance for the Newtown Road Shoulder Maintenance Project proposing minor roadway widening and related shoulder/drainage improvements along approximately 2.20 miles of Newtown Road, from Beckville Road to Empress Road, approving the Notice of Exemption, and authorizing the Director of the Nevada County Department of Public Works to file a Notice of Exemption with the Nevada County Clerk-Recorders Office. (Dists. I and IV) Resolution approving an Agreement to acquire right-of-way from Bryce G. Lee for the purchase of approximately 26,073 square feet of road frontage, located at 10673 Newtown Road, Nevada City (APN 04-131-08), for the Newtown Road Class II/III Bicycle Corridor Project, in the amount of $15,100, plus other costs as set forth in the Purchase Agreement, authorizing the County Executive Officer to execute the contract on behalf of the County, authorizing payment of the Countys share of closing costs, and authorizing the Director of the Department of Public Works to execute any and all additional documents required to consummate this real property transaction on the behalf of the County and to accept conveyance of the Deed for that portion of real property. (Dist. 1) Resolution approving plans, specifications, and cost estimate for construction of the 2013 Nevada County Overlay Project Contract No. 400022, authorizing the Chair to execute the documents, and instructing the Clerk of the Board to advertise for bids with the bid opening date to be set by the Director of Public Works. (Dists. I, II, and III)

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Clerk of the Board: Donna Landi 13. Resignation of Mr. Joe Fish as Citizen-at-Large representative on the Nevada County Solid and Hazardous Waste Commission. 14. 15. Approval of Order and Decorum for Board appointed Boards, Commissions and Committees for 2013. Acceptance of Board of Supervisors minutes for April 23, 2013.

SCHEDULED ITEM: 9:15 A.M. 16. Ms. Holly Hermansen, Superintendent of Schools, annual State of the Schools address. 3

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DEPARTMENT HEAD MATTERS: Sheriff-Coroner: Keith Royal 17. (Introduction/Waive Further Reading) An Ordinance amending Subsection A, of Section GIII 1.3, of Article I, Chapter III, of the Nevada County General Code, to increase the time in which Sheriff personnel have to process and render decisions on chain installer permit applications. Director of Public Works: Steven Castleberry 18. Resolution approving and authorizing execution of contract with Paratransit Services for management and operation of specialized paratransit services in Western Nevada County, for a maximum contract price for year one of $1,253,212, and a total maximum contract price of $6,653,473 for the period July 1, 2013 through June 30, 2018. (Transit Services) INDIVIDUAL BOARD MEMBER ITEM: 19. Approval of letter to the Governing Board Chair of the Area 4 Agency on Aging stressing the importance of prioritizing funding for local programs in the face of pending sequestration cuts. (Supervisor Beason)

*CLOSED SESSIONS: Pursuant to Government Code Section 54957(b)(1), the Clerk of the Board is requesting a closed session for a public employee performance evaluation: Clerk of the Board. Pursuant to Government Code Section 54956.8, the Board of Supervisors desires to hold closed sessions regarding the following real property negotiations. The negotiators for the County are Steven Castleberry, Director of Public Works, David Garcia, Transportation Planner, and Joshua Pack, Principal Civil Engineer. Items under negotiation concern the price and terms of payment for the properties and the property interest to be obtained: 1) 10681 Hirschdale Road, Truckee, California 96161, Assessors Parcel Numbers 48-24002, and 48-240-06. The negotiators and property owners are James E. Teel and Joyce Raley Teel, Trustees of the Teel Family Trust. 2) 10909 Hirschdale Road, Truckee, California 96161, Assessors Parcel Number 48-10012. The negotiators and property owners are Ronald D. Legg and Virginia S. Legg, as Co-Trustees of the Blake-Legg Trust. SCHEDULED ITEM: 10:30 A.M. Richard Haffey, County Executive Officer 20. Public hearing to consider approving the proposed project and a spending plan for $28,936 of Title III Forest Reserve Funds (HR 1424) for the Fiscal Year 2012/13. Qualified proposed projects are as follows: Eligible Category 1 Firewise Community Activities Fire Safe Council-Firewise Communities Expansion-$28,936 Eligible Category 2 Search, Rescue & Emergency Services Eligible Category 3 Community Wildfire Protection Plans Resolution approving the Fiscal Year 2012/13 Forest Reserve Title III Funds Project list, Firewise Community Support, in the amount of $28,786 (funding available after $150 hearing notice expense), directing staff to prepare the appropriate contract with Fire Safe Council of Nevada County, and directing the Auditor-Controller to amend the Fiscal Year 2012/13 budget. (4/5 affirmative vote required.) (05/14/13) 4

DEPARTMENT HEAD MATTERS: (Continued) County Executive Officer: Richard Haffey 21. Resolution authorizing execution of contract with Fire Safe Council of Nevada County pertaining to Fiscal Years 2012/13 and 2013/14 Forest Reserve (Title III) Project funding for the Firewise Communities Support Program to ensure continuation of the Fire Safe Councils services to the residents of Nevada County, for a maximum contract price of $28,856, for the period May 14, 2013 through June 30, 2014. SCHEDULED ITEM: 11:00 A.M. Steven Castleberry, Director of Public Works 22. Public hearing to consider creation of the Ridgetop at Harmony Ridge Permanent Road Division (PRD) for roadway maintenance and imposition of a parcel charge for road maintenance for the Ridgetop at Harmony Ridge subdivision. (Dists. I and V) Conduct a public hearing and election on the proposal to form a Permanent Road Division (PRD) and impose a parcel charge for road maintenance for the Ridgetop at Harmony Ridge PRD. Determine if a majority protest of property owners exists regarding formation of the PRD. In the absence of a majority protest, direct staff to count the mail-out election ballots received by the Clerk of the Board regarding the proposed parcel charge. In the event that a majority of the votes received support the parcel charge, consider adopting the Resolution authorizing creation of the Ridgetop at Harmony Ridge PRD and collection of a parcel charge for Fiscal Year 2013/14 and each year thereafter. Resolution approving the creation of the Ridgetop at Harmony Ridge Permanent Road Division (PRD) authorizing the annual levying of parcel charges for road maintenance at a rate of $500 per Phase 1 single family residential parcel per fiscal year, $800 per Phase 2-6 single family residential parcel per fiscal year, and $805 per each remaining unrecorded parcel per fiscal year, beginning the fiscal year in which the Final Map is recorded, and continuing indefinitely for each fiscal year thereafter, and directing the parcel charge to be collected each year in the same manner and at the same time as the general property taxes, and deposited into a fund for payment of road maintenance services within the boundaries of the Ridgetop at Harmony Ridge PRD. The parcel charge shall be adjusted annually based on the Construction Cost Index (CCI), as of April 1st each calendar year, not to exceed 2% in any one year. SCHEDULED ITEM: 11:30 A.M. Steven DeCamp, Community Development Agency Director 23. Public hearing regarding the appointment of the Director of Public Works as the Nevada County Road Commissioner in accordance with the California Streets and Highways Code Section 2006 and Nevada County Ordinance No. 2237. Resolution appointing Steven Castleberry as the Nevada County Road Commissioner under the direction and supervision of the Board of Supervisors, effective May 14, 2013, and directing the Community Development Agency and/or Department of Public Works to ensure that the State Controllers Office is notified of this appointment.

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*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. 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 ITEM: 1:30 P.M. Brian Foss, Planning Director 24. Public hearing to consider the adoption of a Resolution accepting the Nevada County and Sierra County 2014-2019 Regional Housing Need Plan. Resolution accepting the Nevada County and Sierra County 2014-2019 Regional Housing Need Plan, and accepting the proposed allocation of 764-units for the unincorporated area of Nevada County distributed by income group as follows: Very Low: 174-units; Low: 126units: Moderate: 150-units; and Above-Moderate: 314-units. 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: May 9, 2013. Notice was also posted at Grass Valley Library, Truckee Library, Truckee Joseph Center, and the Truckee Town Hall. (05/14/13) 6

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 persons 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 Boards 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 Boards 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 Roberts 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 (05/14/13) 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 Boards 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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