COUNTY OF NEVADA

BOARD OF SUPERVISORS

STATE OF CALIFORNIA

950 Maidu Avenue

Nevada City, CA 95959-8617
(530) 265-1480
Fax: (530) 265-9836
bdofsupervisors@co.nevada.ca.us

Nate Beason, 1st District

Ed Scofield, 2nd District (Chair)
Dan Miller, 3rd District (Vice-Chair)
Wm. Hank Weston, 4th District
Richard Anderson, 5th District

******
Julie Patterson Hunter, Clerk of the Board
Richard A. Haffey, County Executive Officer
Alison Barratt-Green, County Counsel

AGENDA
Date

Time

Tuesday, December 8, 2015

9:00 AM

Location

Board Chambers, First Floor

Eric Rood Administrative Center
950 Maidu Avenue
Nevada City, California

This meeting is broadcast live on NCTV Channel 17 in the Western County and on
Truckee-Tahoe Community TV (TTCTV) Channel 18 in the Eastern County and can be viewed
live through the web at http://nevco.granicus.com/ViewPublisher.php?view_id=3.
Video Conferencing at 9:01 a.m. for Public Comment and 10:00 a.m. for Public Hearing
located at the District V Board of Supervisors Conference Room
Nevada County Sheriffs 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
THE AGENDA: Please approach the rostrum and, after receiving recognition from
your name and comments or questions as all meetings are recorded. In order that all
have an opportunity to speak, please limit your comments to the specific item under
limitations are explained on the last page of the agenda.

A MATTER ON
the Chair, give
interested parties
discussion. Time

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. This
agenda and certain supporting documents may be obtained on the Clerk of the Boards website at
http://www.mynevadacounty.com/nc/bos/cob. To view the supporting documents on this agenda for a
particular item, click on the SR number to the left of the item. 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.
COUNTY OF NEVADA

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BOARD OF SUPERVISORS

AGENDA

December 8, 2015

REGULAR MEETING: 9:00 AM

STANDING ORDERS:

Call the meeting to order.

Pledge of Allegiance.
Corrections and/or deletions to agenda.
PUBLIC COMMENT: 9:01 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.
(Video-Conferencing for the public comment portion of the meeting is also available in Truckee at the
District V Board of Supervisors Conference Room, east (left) side of the Sheriffs Substation at 10879A
Donner Pass Road.)

SCHEDULED ITEMS:
1.

SR 15-1016

Resolution proclaiming December 12, 2015 as "Nevada County Food and Toy Run
Day" throughout Nevada County, and encouraging the community to support this
event.

2.

SR 15-0923

Presentation of a Certificate of Recognition to Mr. Steven DeCamp, Community

Development Agency Director, upon his retirement, for his 10 years of service and
dedication to the citizens of 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.

Health and Human Services Agency Director: Michael Heggarty

3.

SR 15-1015

COUNTY OF NEVADA

Resolution approving and confirming the appointment of Ms. Rebecca Slade, MFT
as the Director of the Nevada County Behavioral Health Department, effective as
of November 9, 2015.

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BOARD OF SUPERVISORS

AGENDA

December 8, 2015

Behavioral Health Director: Rebecca Slade

4.

SR 15-1032

Resolution authorizing execution of an agreement with Tahoe Truckee Unified

School District (TTUSD) pertaining to Nevada County Behavioral Health
Department providing mental health services at TTUSD Campuses for students
identified as having a mental health need, in the maximum amount payable of
$25,000, for the period November 1, 2015 through June 30, 2016.

5.

SR 15-1012

Resolution authorizing execution of a renewal contract with Nevada County

Housing Development Corporation (NCHDC) pertaining to administrative services
related to Nevada County Behavioral Health Department's community-based
housing projects and reimbursement for lease/rental agreements for authorized
program participants, in the maximum amount of $176,771, for the period
January 1, 2016 through December 31, 2016.

6.

SR 15-1003

Resolution authorizing execution of Amendment 1 to contract with J. Gregory

Long, D.O. for the provision of direct clinical and other psychiatric services for
adolescents and/or adult clients of Nevada County Behavioral Health Department
(Res. 15-273), revising Exhibit "A", Schedule of Services, to include additional
services related to psychiatric coverage for the Crisis Stabilization Unit (CSU) for
a short-term basis, and revising Exhibit "B", Schedule of Charges and Payments, to
compensate the Contractor for the additional services, revising the contract
maximum from $137,000 to $167,000, for the period July 1, 2015 through
June 30, 2016.

Public Health Director: Jill Blake

7.

SR 15-1072

Resolution approving purchase of a replacement capital asset, an IRA-400iF

copier/printer/scanner, and authorizing and directing the Auditor-Controller to
amend the Public Health Department's Fiscal Year 2015/16 budget.
(4/5 affirmative vote required.)

Director of Social Services: Mike Dent

8.

SR 15-0965

COUNTY OF NEVADA

Resolution authorizing execution of Amendment 1 to contract with Nevada County

Superintendent of Schools (NCSOS) for the provision of family support and
self-sufficiency services in Western Nevada County (Res. 15-408), revising
Exhibit "A", Schedule of Services, to include additional services related to the
CalWORKs Housing Support Program (HSP), and Exhibit "B", Schedule of
Charges and Payments, to reflect a revised budget for contracted services,
increasing the contract maximum from $463,199 to $741,949, for the period
July 1, 2015 through June 30, 2017.

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AGENDA

December 8, 2015

Child Support Services Director: Tex Ritter

9.

SR 15-1077

Resolution authorizing and directing the Auditor-Controller to amend the Health

and Human Services Agency/Housing Divisions budget for Fiscal Year 2015/16
pertaining to the HOME First Time Home Buyers Grant Program allowing for
additional HOME Down Payment Assistance Loans, available as a result of
unanticipated HOME loan repays in Fiscal Year 2015/16. (Housing)
(4/5 affirmative vote required.)

10.

SR 15-0991

Resolution approving the Plan of Cooperation (POC) for Federal Fiscal Year 2016
(October 1, 2015 through September 30, 2016) between the California Department
of Child Support Services (DCSS) and the Sierra Nevada Regional Department of
Child Support Services for administration of the Title IV-D Child Support
Program, and authorizing the Director of Sierra Nevada Regional Department of
Child Support Services to sign the POC.

Sheriff-Coroner/Public Administrator: Keith Royal

11.

SR 15-0989

Resolution authorizing execution of a renewal Lease Agreement with California

Department of General Services (DGS) and a Maintenance Agreement with
California Department of Forestry and Fire Protection (CAL FIRE) to provide rent,
maintenance and utilities for public safety radio communications vault space at
Wolf Creek Mountain, with the first-year rent of $4,980 payable to DGS and
$4,980 for maintenance and utilities payable to CAL FIRE, in the maximum
amount of $114,172 plus an additional administrative fee of $2,500, for the period
of July 1, 2015 to June 30, 2024.

Clerk-Recorder/Registrar of Voters: Gregory Diaz

12.

SR 15-0997

COUNTY OF NEVADA

Resolution authorizing execution of Amendment 2 to the Warranty, Support, and

License Agreement with Hart InterCivic Inc. for the purchase of the Hart Voting
System (Res. 07-247), in the amount of $84,108 including tax, for a total amount
of $249,324, for the period December 17, 2015 through December 16, 2018, and
authorizing the Nevada County Clerk-Recorder/Registrar of Voters to execute the
Amendment.

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BOARD OF SUPERVISORS

AGENDA

December 8, 2015

District Attorney: Clifford Newell

13.

SR 15-0975

Resolution accepting the California Governor's Office of Emergency Services (Cal

OES) Victim/Witness Assistance (VWA) Grant Award VW15290290 for the
Nevada County District Attorney's Office to provide comprehensive services to
victims and witnesses of crime, with State VWA funds in the amount of $60,870
and Federal Victim of Crime Act (VOCA) funds in the amount of $78,374 for a
total of $139,244, for the period July 1, 2015 through June 30, 2016, and directing
the Auditor-Controller to amend the Fiscal Year 2015/16 budget.
(4/5 affirmative vote required.)

14.

SR 15-0994

Resolution accepting the Governor's Office of Emergency Services (Cal OES)

Grant Award UV14050290 Amendment 2 for the Nevada County
Unserved/Underserved Victim Advocacy and Outreach Program to provide
comprehensive services to unserved/underserved victims in Nevada County (Res.
14-511), awarding the Nevada County District Attorney's Office additional Federal
Victim of Crime Act (VOCA) funds in the amount of $62,500, for a total amount
of $192,233, and extending the grant period to include October 1, 2015 through
March 31, 2016.

Community Development Agency Director: Steven DeCamp

15.

SR 15-1025

Resolution authorizing execution of contract with HCI Environmental &

Engineering Services for nuisance abatement of property owned by Mr. Craig
Hufnagel located at 15596 Shannon Way, Nevada City, Assessor's Parcel Number
(APN) 35-020-20, for an amount not to exceed $30,771.40, for the period
December 9, 2015 through June 30, 2016. (Code Compliance) (Dist. I)

Environmental Health Director: Amy Irani

16.

SR 15-1033

COUNTY OF NEVADA

Resolution accepting funds in the amount of $15,301.81 from Liberty Mutual

Insurance as reimbursement to Nevada County Environmental Health Department
and approval to pay NRC Environmental Services, Inc. for remedial services in
response to Hazardous Waste Spill Incident No. SR0036122 on April 24, 2015, in
the amount of $13,877.95, with the remaining $1,423.86 to reimburse staff hours
already budgeted, and directing the Auditor-Controller to amend the Fiscal Year
2015/16 Environmental Health budget. (4/5 affirmative vote required.)

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BOARD OF SUPERVISORS

AGENDA

December 8, 2015

Director of Public Works: Steven Castleberry

17.

SR 15-0979

Resolution approving the transfer of $40,975 in surplus bond funds for road
maintenance activities in County Service Area (CSA) 22 - 6B Ranch, and directing
the Auditor-Controller to amend the Fiscal Year 2015/16 CSA 22 budget. (Dist.
IV) (4/5 affirmative vote required.)

18.

SR 15-1002

Resolution authorizing the Nevada County Transit Services Division to submit

Proposition 1B, California Transit Security Grant Program, California Transit
Assistance Fund (CTSGP-CTAF) Investment Justification reports to the California
Office of Emergency Services (Cal OES) to receive eligibility approval to submit
full funding applications for the Gold Country Stage Bus Stop & Safety
Improvements Phase VII investment project to enhance the safety and security of
transit vehicles, facilities, staff and passengers, in the total amount of $72,167 for
Fiscal Year 2015/16. (Transit Services)

19.

SR 15-1047

Resolution approving and authorizing execution of the Utility Agreement (Exhibit

"A") in an amount not to exceed $33,721.25 representing an estimated relocation
cost of $26,977, plus a 25% contingency, and the Joint Use Agreement (Exhibit
"B"), with Pacific Gas and Electric Company (PG&E) pertaining to a utility
relocation for the Retrac Way at Wolf Creek Bridge Replacement Project. (Dist. II)

Human Resources Director: Charlie Wilson

20.

SR 15-1036

Resolution authorizing execution of a renewal agreement to participate in the

California State Association of Counties-Excess Insurance Authority (CSAC-EIA)
Memorandum of Understanding for the administration of a dental program through
Delta Dental of California, for the period January 1, 2016 through
December 31, 2016.

21.

SR 15-1037

Resolution authorizing execution of a renewal agreement with Prudential Life

Insurance Company of America for basic and voluntary life insurance benefits for
Nevada County employees, with the rate for basic life insurance in the amount of
$0.198 per $1,000 for employee coverage and $0.38 per $1,000 for spouse and
dependent coverage, and the rate for voluntary life insurance in the amount of
$.056 to $15.042 per $1,000 for employee coverage depending on age, for the
period January 1, 2016 through December 31, 2018.

22.

SR 15-1039

Resolution authorizing execution of a renewal agreement with California State

Association of Counties-Excess Insurance Authority's (CSAC-EIA's) for Employee
Assistance Program (EAP) benefits through Managed Health Network (MHN), in
the amount of $3.81 per employee/per month, for the period July 1, 2015 through
June 30, 2018.

COUNTY OF NEVADA

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BOARD OF SUPERVISORS

AGENDA

December 8, 2015

Chief Probation Officer: Michael Ertola

23.

SR 15-1035

Resolution authorizing execution of contract with Northwest Professional

Consortium, Inc. (NPC Research) pertaining to providing evaluation services of
Nevada County's Adult Drug Court processes, in the maximum contract amount
not to exceed $32,000 funded by the Federal Substance Abuse and Mental Health
Services Administration (SAMHSA) grant, for the period January 1, 2016 through
September 30, 2016.

Chief Information Officer: Stephen Monaghan

24.

SR 15-1067

Resolution authorizing execution of contract with C&S Engineers, Inc., for the
development of the Airport Layout Plan (ALP) Update and preparation of Exhibit
"A" Airport Property Map, Obstruction Survey and Mitigation Plan, and Pavement
Evaluation for the Nevada County Airport, with all work to be completed by June
30, 2017, in an amount not to exceed $174, 969. (Airport)

25.

SR 15-1071

Resolution approving and authorizing execution of an Agreement with the City of

Grass Valley (City) to modernize and upgrade the City's technology resources and
to provide information technology services, with Fiscal Year 2015/16 billing rates
for Desktop and Network Services at $111 per hour and Application Services at
$118 per hour, for the period January 1, 2016 through June 30, 2019, terminating
the Agreement between the County and Grass Valley Police Department as
authorized by Resolution 14-044, effective December 31, 2015, and directing the
Auditor-Controller to amend the Fiscal Year 2015/16 Information Systems budget.
(4/5 affirmative vote required.)

26.

SR 15-1065

Resolution accepting the Fiscal Year 2015 Emergency Management Performance

Grant (EMPG) from the California Governor's Office of Emergency Services (Cal
OES) funded through the U.S. Department of Homeland Security to assist state,
local, and tribal governments to enhance their capability to prevent, prepare for,
mitigate against, respond to, and recover from emergencies and disasters, whether
natural or man-made, in the amount of $145,365 with a 100% matching funding
requirement, for the period July 1, 2015 through June 30, 2016.
(Office of Emergency Services)

27.

SR 15-1064

Resolution directing the Purchasing Agent to issue a Request for Qualifications for
professional architectural design services for the Bost House Renovation Project,
located at 145 Bost Avenue, Nevada City, California. (Facilities)

COUNTY OF NEVADA

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BOARD OF SUPERVISORS

AGENDA

December 8, 2015

28.

SR 15-1010

Resolution approving the Notice of Acceptance and Completion of contract with

Pisor Fence Division, Inc., for the Wayne Brown Correctional Facility Security
Fencing Project located at 925 Maidu Avenue, Nevada City (Res. 14-498), with
contract costs totaling $38,750, directing the Clerk of the Board to record this
Notice in accordance with Civil Code Section 9208, and authorizing the
Auditor-Controller to decrease the General Fund Contingency and to amend the
Fiscal Year 2015/16 Sheriff Corrections budget. (Facilities)
(4/5 affirmative vote required.)

29.

SR 15-1038

Resolution declaring certain County property as surplus (Canon DR7580 Scanner

and Xerox 425 Copier), and authorizing the Purchasing Agent to sell, or otherwise
dispose of, those items of surplus personal property.
(4/5 affirmative vote required.)

County Librarian: Laura Pappani

30.

SR 15-1050

Resolution authorizing acceptance of the California Library Literacy Services

(CLLS) Literacy Award in the amount of $10,328 for Fiscal Year 2015/16, 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 and to amend the Fiscal Year 2015/16 Library budget.
(4/5 affirmative vote required.)

County Counsel: Alison Barratt-Green

31.

SR 15-0995

Resolution authorizing execution of Amendment 2 to contract with Porter Scott, A

Professional Corporation, for legal services in connection with claims and related
litigation, increasing the contract amount by $50,000, for a maximum contract
price of $150,000.

Clerk of the Board: Julie Patterson Hunter

32.

SR 15-1019

Acceptance of resignation from Ms. Virginia Anne Norman-DeVoe as Trustee on

the Truckee Cemetery District.

33.

SR 15-1004

Appointment of Ms. Marcia Small as Director to the Kingsbury Greens

Community Services District, for an unexpired term ending December 5, 2016.

34.

SR 15-1014

Acceptance of resignation from Mr. William "Ed" Jenkins as Board of Supervisors

appointed representative to the Area 4 Agency on Aging Advisory Council,
effective December 31, 2015.

35.

SR 15-1017

Appointment of Ms. Ana Acton as member-at-large to the Building and

Accessibilities Standards Board of Appeals, for a four year term expiring
July 1, 2019.

COUNTY OF NEVADA

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BOARD OF SUPERVISORS

AGENDA

December 8, 2015

36.

SR 15-1080

Acknowledge Supervisor Weston's acceptance of the resignation from Mr. Wesley

Zachary as District IV representative on the Fish and Wildlife Commission.

37.

SR 15-1081

Acknowledge Supervisor Weston's appointment and redesignation of Mr. Daniel

DiSanto as the District IV representative to the Fish and Wildlife Commission.

38.

SR 15-1022

Acceptance of Board of Supervisors summary minutes for November 10, 2015.

Regular meeting of the Board of Directors of the Nevada County Sanitation District No. 1.

Call the meeting to order:

Consent:
These items are expected to be routine and noncontroversial. The Board of Directors of the Nevada
County Sanitation District No. 1 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.
39a. SR 15-1021

Resolution authorizing execution of Amendment 2 to contract with Coastland Civil

Engineering for project management services for the Connection of the Penn
Valley Sewer System to the Lake Wildwood Wastewater Treatment Plant
Improvement Project (Res. SD14-14), extending the contract termination date to
March 31, 2016, and increasing the maximum contract price by $34,113, for a total
contract price of $146,646. (Sanitation) (Dist. IV)

39b. SR 15-1041

Resolution approving an Addendum to the existing Initial Study/Mitigated

Negative Declaration approved March 11, 2014 (State Clearing House No.
2013092049) for the Cascade Shores Community Leach Field Project. (Sanitation)
(Dist I)

39c. SR 15-1040

Acceptance of Nevada County Sanitation District No. 1 minutes for October 13,
2015. (Clerk of the Board)

Department Head Matter:

Director of Public Works: Steven Castleberry (Sanitation)
39d. SR 15-1034

COUNTY OF NEVADA

Resolution directing the Auditor-Controller to provide a cash flow advance to

Penn Valley, Zone 6 - Fund 4772 in the amount of $500,000, from the Lake
Wildwood, Zone 1 - Fund 4728, and repayment of the advance including interest at
the Treasurer's pool interest rate, at completion of the Penn Valley Pipeline Project
and once all reimbursements have been received by all funding agencies.
(Sanitation) (Dist. IV)

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BOARD OF SUPERVISORS

AGENDA

December 8, 2015

Public comment:
(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.)

Adjournment:

DEPARTMENT HEAD MATTERS:

Clerk-Recorder/Registrar of Voters: Gregory Diaz
40.

SR 15-1048

(Introduce/Waive Further Reading) An Ordinance adding Article 7 and Section

A-II 1.1 to Chapter II of the Nevada County Administrative Code relating to
Elections and the electronic filing of campaign disclosures.

Planning Director: Brian Foss

41.

SR 15-0961

Resolution authorizing execution of contract with Michael Baker International,

Inc. for the preparation of an Environmental Impact Report (EIR15-001) for the
proposed development of three Dollar General retail stores in Western Nevada
County on behalf of CJS Development II, LLC and Simon CRE, in the maximum
contract amount of $151,205, authorizing the Planning Department to accept a
deposit from the Applicant in an amount equal to the fee charged by the Consultant
to prepare the EIR, plus an additional ten percent to cover administrative costs, and
directing the Auditor-Controller to amend the Fiscal Year 2015/16 Planning
Department budget. (Dists. II, III and IV) (4/5 affirmative vote required.)

County Librarian: Laura Pappani

42.

SR 15-1049

Resolution accepting scholarships from the California State Library, Friends of the
Nevada County Libraries and Friends of the Truckee Library, for the Career
Online High School Pilot Program, and authorizing the Nevada County Library to
participate in the Program.

Director of Public Works: Steven Castleberry

43.

SR 15-1007

COUNTY OF NEVADA

Resolution authorizing execution of the Memorandum of Agreement with the

Central Federal Lands Highway Division (CFLHD) for the Donner Pass Road
Improvement Project (Res. 15-021), in the amount of $10,309,000, including a
matching County contribution in the form of Toll Credits and $310,000 in cash
from State Exchange Dollars. (Dist. V)

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BOARD OF SUPERVISORS

AGENDA

December 8, 2015

INDIVIDUAL BOARD MEMBER ITEMS:

44.

SR 15-1011

Request for letter of support to the California Public Utilities Commission (CPUC)
urging continued support for, and expansion of, Net Energy Metering.
Sponsors:

Hank Weston, District 4

SCHEDULED ITEM: 10:00 A.M.

45.

SR 15-0977

Public hearing to consider the Proposition 218 solid waste parcel charge increase
for disposal of refuse in the unincorporated area of Eastern Nevada County,
beginning January 8, 2016. (Dist. V)
(Introduce/Waive Further Reading/Adopt) An Ordinance amending Subsection A
of Section G-IV 8.18 of Article 8 of Chapter IV of the General Code of the County
of Nevada establishing a schedule of parcel charges within Eastern Nevada
County, effective January 8, 2016.

*CLOSED SESSIONS:
SR 15-1043

Pursuant to Government Code 54956.9(d)(1), County Counsel is requesting a

closed session to discuss the following existing litigation case: Erickson, et al. v.
County of Nevada, Nevada County Superior Court, Case No. CU13-079389.

SR 15-1044

Pursuant to Government Code 54956.9(d)(2), County Counsel is requesting a

closed session with the Board of Supervisors to discuss one matter in which there
is significant exposure to litigation against the County.

SR 15-1045

Pursuant to Government Code 54956.9(d)(1), County Counsel is requesting a

closed session to discuss the following existing litigation case: People V.
Siegfried, Nevada County Superior Court, Case No. F11-00317.

SR 15-1082

Pursuant to Government Code 54956.9(d)(4), County Counsel is requesting a

closed session with the Board of Supervisors to discuss initiation of litigation in
one matter.

COUNTY OF NEVADA

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BOARD OF SUPERVISORS

AGENDA

December 8, 2015

SCHEDULED ITEM: 11:00 A.M.

SR 15-1054

Continuation of the October 27, 2015 public hearing to consider the Nevada
County Planning Commissions August 27, 2015 3-1 (1 recusal) recommendation
for the Housing Element Rezone Program Implementation Project, including: 1)
approval of General Plan Amendment GP12-002 to re-designate Sites 3 and 5; and
2) approval of Zoning Map Amendment Z12-002 to amend specific Zoning
District Maps to change existing zoning of Sites 3 and 5 to High Density
Residential (R3) or the equivalent of R3, including adding the Regional Housing
Need (RH) Combining District.

46a. SR 15-1078

Resolution amending the Nevada County General Plan land use map designations
for two properties, which is in addition to the Board adopted Resolution 15-504,
adopted on October 27, 2015, to increase the Countys urban high density land use
designation by the equivalent of at least 43.7-acres, effectively implementing the
Housing Element Rezone Program Implementation Project (Nevada County
2014-2019 Housing Element Program HD-8.1.1); (GP12-002).

46b. SR 15-1079

(Introduce/Waive Further Reading/Adopt) Ordinance amending Zoning District

Map No. 52c as an addition to Board adopted Ordinance 2401, adopted on October
27, 2015, to perform site specific rezoning to add the Regional Housing need (RH)
combining district and increase the Countys high density residential (R3) zoning
by an equivalent of at least 43.7-acres in connection with the Housing Element
Rezone Program Implementation Project (Z12-002).

46.

COUNTY OF NEVADA

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AGENDA

December 8, 2015

SCHEDULED ITEM: 11:30 A.M.

SR 15-1055

Public hearing, continued from June 9, 2015, to consider County file number
ORD15-001 and Board Order BO 15-03 which includes the following actions and
options: 1) finding the project exempt from environmental review pursuant to
Section 15060(c)(3) of the CEQA Guidelines; and 2) introduce/waive further
reading and adoption of an ordinance repealing Section L-II 3.16(G) of Article 3
of Chapter II and L-IV 3.12 of Article 3 of Chapter IV of the Nevada County Land
Use and Development Code to remove the Countys Inclusionary Housing
Requirement consistent with Board direction and General Plan Program RC-8.4.5;
or 3) introduce/waive further reading and adoption of an ordinance repealing
Section L-II 3.16(G) of Article 3 of Chapter II and L-IV 3.12 of Article 3 of
Chapter IV of the Nevada County Land Use and Development Code to remove the
Countys Inclusionary Housing Requirement for all unincorporated areas except
those areas within the Town of Truckee Sphere of Influence; or 4) continue the
consideration of this Ordinance to a later date and establish a Board Order
directing staff to work with the Town of Truckee to develop inclusionary housing
regulations for the Towns Sphere of Influence that are the equivalent of the
Towns inclusionary housing requirements, including conducting public outreach
and performing the requisite environmental review pursuant to the California
Environmental Quality Act; and 5) Close Board Order BO15-03.

47a. SR 15-1059

Option 1 - (Introduce/Waive Further Reading/Adopt) An Ordinance repealing

Subsection G of Section L-II 3.16 of Article 3 of Chapter II and Section L-IV 3.12
of Article 3 of Chapter IV of the Nevada County Land Use and Development Code
regarding Inclusionary Housing Requirements.

47b. SR 15-1060

Option 2 - (Introduce/Waive Further Reading/Adopt) An Ordinance amending

Subsection G of Section L-II 3.16 of Article 3 of Chapter II and Section L-IV 3.12
of Article 3 of Chapter IV of the Nevada County Land Use and Development Code
regarding Inclusionary Housing Requirements. (Repealing the Countys
Inclusionary Housing Requirements for all unincorporated areas except the Town
of Truckee Sphere of Influence.)

47.

Recess for lunch:

COUNTY OF NEVADA

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BOARD OF SUPERVISORS

AGENDA

December 8, 2015

AFTERNOON SESSION: 1:30 P.M.

DEPARTMENT HEAD MATTERS: (Continued)
Director of Public Works: Steven Castleberry
48.

SR 15-1046

Resolution approving and authorizing execution of a Liability in Dispute Utility

Agreement (Exhibit "A") with Pacific Bell Telephone Company, dba AT&T, and
authorizing the Director of Public Works to advance $14,041.69 to AT&T to be
placed in a separate interest-bearing account pending final resolution of liability
regarding the costs for relocating an AT&T utility pole for the Retrac Way at Wolf
Creek Bridge Replacement Project. (Dist. II)

SCHEDULED ITEM: 2:00 P.M.

49.

SR 15-1053

Continued public hearing to consider the appeal filed by Leroy Bakelmun, et al.
(Appellants) to the Planning Commissions actions on the North Star Water
Treatment Project (U14-009, MGT14-015, EIS14-012) pertaining to the
construction and operation of a groundwater collection, conveyance, and treatment
system on property located at 12509 Allison Ranch Road (Assessor Parcel
Numbers (APNs) 22-120-28, -35; 22-160-27; 29-290-26; 29-350-03, -04, and -16)
Grass Valley, CA 95949. (Dist. III)
Resolution denying the appeal filed by Leroy Bakelmun, et al. ("Appellants")
regarding the Planning Commissions September 24, 2015 adoption of a Mitigated
Negative Declaration (EIS14-012) and approval of a Use Permit and Management
Plan for the North Star Water Treatment Project (U14-009, MGT14-015) on
property located at 12509 Allison Ranch Road, Grass Valley (APNs 22-120-28,
-35; 22-160-27; 29-290-26; 29-350-03, -04, and -016), and upholding the Planning
Commissions actions on the Project, subject to modified Conditions of Approval.

*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.

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BOARD OF SUPERVISORS

AGENDA

December 8, 2015

ADJOURNMENT:

*(The Board of Supervisors can discuss these items at any time during the meeting.)
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 December 3, 2015.
Notice was also posted at the District V Board of Supervisors Conference Room, Truckee
Joseph Center, Truckee Library and the Grass Valley Library.

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BOARD OF SUPERVISORS

AGENDA

December 8, 2015

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 Boards 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.

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BOARD OF SUPERVISORS

AGENDA

December 8, 2015

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 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.

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BOARD OF SUPERVISORS

AGENDA

December 8, 2015

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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