nevada county board of supervisors meeting agenda october 22, 2013

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  • 7/27/2019 Nevada County Board of Supervisors Meeting Agenda October 22, 2013

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    NOTE: PUBLIC COMMENT WILL BEHELD AT 9:01 A.M.

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    COUNTY OF NEVADASTATE OF CALIFORNIA BOARD OF SUPERVISORSNate Beason, 1

    stDistrict (Vice Chair) 950 Maidu Avenue

    Ed Scofield, 2ndDistrict Nevada City, CA 95959-8617Terry Lamphier, 3

    rdDistrict Phone: (530) 265-1480

    Wm. Hank Weston, 4thDistrict (Chair) Fax: (530) 265-9836

    Richard Anderson, 5th

    District E-Mail: [email protected]

    ****** View Live Web Streaming of Board Meetings:Donna Landi, Clerk of the Board http://nevco.granicus.com/ViewPublisher.php?view_id=3 Richard A. Haffey, County Executive Officer Supporting Documents for this Agenda are available here:Alison Barratt-Green, County Counsel Supporting Documents

    AGENDAfor a Regular Meeting of the Board of Supervisors,

    Tuesday, October 22, 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 9:01 a.m. for Public Comment

    District V Board of Supervisors Conference Room

    behind the Sheriffs Substation

    10879A Donner Pass Road, Truckee, California

    The Board of Supervisors welcomes you to its regular meetings that are scheduled the second andfourth Tuesdays of every month. Your interest is encouraged and appreciated.

    ANY MEMBER OF THE AUDI ENCE 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 interestedparties 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 reasonableaccommodation 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 forthe California Relay Service.

    The agenda and all supporting documents are available for review during regular business hours atthe Clerk of the Board office, 950 Maidu Avenue, 2

    ndFloor, Suite 200, Nevada City, California. The

    agenda and certain supporting documents may be obtained on the Clerk of the Boards website athttp://www.mynevadacounty.com/nc/bos/cob. Please note that the on-line agenda may not include allrelated or updated documents.

    Proposed actions and supporting documents are considered draft until acted upon by the Board. Allitems listed on the agenda may be acted upon by the Board of Supervisors.

    *************************************************************

    http://nevco.granicus.com/ViewPublisher.php?view_id=3http://nevco.granicus.com/ViewPublisher.php?view_id=3http://www.mynevadacounty.com/search/Pages/bossearch.aspx?k=%20(NEVCODocumentDate%3e=01/01/2012)%20AND%20(NEVCOInformationTag:%22Supporting%20Document%22)&doctype=SupportingDocumenthttp://www.mynevadacounty.com/search/Pages/bossearch.aspx?k=%20(NEVCODocumentDate%3e=01/01/2012)%20AND%20(NEVCOInformationTag:%22Supporting%20Document%22)&doctype=SupportingDocumenthttp://www.mynevadacounty.com/nc/bos/cob/http://www.mynevadacounty.com/nc/bos/cob/http://www.mynevadacounty.com/nc/bos/cob/http://www.mynevadacounty.com/search/Pages/bossearch.aspx?k=%20(NEVCODocumentDate%3e=01/01/2012)%20AND%20(NEVCOInformationTag:%22Supporting%20Document%22)&doctype=SupportingDocumenthttp://nevco.granicus.com/ViewPublisher.php?view_id=3
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    REGULAR MEETING: 9:00 A.M.

    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 thatare of interest to the public and are within the subject matter jurisdiction of the Board.)

    CONSENT CALENDAR:

    These items are expected to be routine and noncontroversial. The Board of Supervisors will act uponthem at one time without discussion. Any Board member, staff member or interested party may requestthat an item be removed from the consent calendar for discussion.

    Health and Human Services Agency Director: Jeffrey Brown1. Resolution approving the Business Associate Agreement (BAA) with the County Medical

    Services Program (CMSP) Governing Board pertaining to services under the Certified PublicExpenditures (CPE) Agreement related to inmate medical care and enrollment in thePath2Health Program, for the period of July 1, 2013 to June 30, 2014, and authorizing theChair of the Board to execute the Agreement.

    Director of Behavioral Health: Michael Heggarty

    2. Resolution approving Amendment 1 to contract with Michael Lin, M.D. for the provision ofdirect clinical and other psychiatric services for children and adolescents of Nevada County(Res. 13-221), revising the scope of services to include one additional day of services perweek, and increasing the maximum contract price from $201,750 to $270, 250 (an increase

    of $68,500), for the contract term of July 1, 2013 through June 30, 2014, and authorizing theChair of the Board of Supervisors to execute the Amendment.

    Sheriff-Coroner: Keith Royal

    3. Resolution dissolving the Supplemental Law Enforcement Oversight Committee.

    Human Resources Director: Charlie Wilson

    4.a. Resolution amending Authorized Personnel Staffing Resolution 13-213, adopted June 18,2013, revising staffing patterns for various County departments, having an effect of adding anet 8.5 Full Time Employees (FTE) to the staffing resolution for a total FTE number of781.425, effective October 22, 2013.

    b. Resolution amending authorized Personnel Salary Resolution 13-214, adopted June 18,2013, deleting a Juvenile Hall Superintendent position in favor of a modified ProbationProgram Manager position to incorporate hall-related managerial duties, effective October22, 2013.

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    Director of Environmental Health: William Lawrence

    5. Resolution accepting the Fiscal Year 2013/14 Hazardous Materials Emergency Preparedness(HMEP) Grant from the State of California Emergency Management Agency (Cal EMA)(Res. 13-305), pertaining to the Nevada County Environmental Health Department as theCertified Unified Program Agency (CUPA) to regulate hazardous materials storage facilities,and write and maintain the Hazardous Materials Emergency Response Area Plan (HMAP), inthe amount of $23,784, with matching funds in the amount of $5,946, for a total project costof $29,730, authorizing the Environmental Health Department to execute said Grant

    Agreement, for the period October 15, 2013 through September 25, 2014, and authorizing theDirector of Environmental Health to execute additional documents necessary to implementthe Grant.

    Director of Public Works: Steven Castleberry

    6. Resolution authorizing the Chair of the Board of Supervisors to execute Agreement 643150with the California Department of Transportation for a Federal Transit Administration (FTA)(Section 5311 of the Federal Transit Act of 1964) Grant in the amount of $325,365 forfinancial assistance to permit operation of rural transit services in western Nevada Countyfor Fiscal Year 2012/13, with the term of this agreement being July 1, 2012 through March31, 2014. (Transit Services)

    7. Resolution directing the Department of Public Works to solicit Statements of Qualificationsfrom qualified traffic and/or civil engineering firms that specialize in roadway operations andsafety to develop Plans, Specifications and Estimates for future Brunswick Road/Loma RicaDrive Intersection Improvements. (Dists. I and III)

    8. Resolution making findings 16, adopting the Retrac Road Bridge Replacement ProjectInitial Study/Mitigated Negative Declaration (IS/MND) pursuant to Section 15074 of theCalifornia Environmental Quality Act (CEQA) and Mitigation and Monitoring Program, anddirecting the Director of the Nevada County Department of Public Works to file a Notice ofDetermination with the Nevada County Clerk and the California State Clearinghouse withinfive days from the date of this action. (Dist. II)

    Chief Information Officer: Stephen Monaghan

    9. Resolution approving Amendment 1 to contract with Hankin Specialty Elevator for theDistrict Attorney Tenant Improvements LU/LA Elevator Project located at 201 CommercialStreet, Nevada City (Res. 13-424), adding contractual language to require that the County of

    Nevada be named as additional insured on the Contractors Business Rated or CommercialAutomobile Liability coverage, and authorizing the Chair of the Board of Supervisors toexecute the Amendment. (Facilities Management)

    10. Resolution approving Notice of Completion and Acceptance of contract with Nor CalConstruction for the Juvenile Hall Slope Repair Project located at 15434 State Highway 49,Nevada City (Res. 13-371), directing the Clerk of the Board to record the Notice ofCompletion and Acceptance, and authorizing and directing the Auditor-Controller to releaseand pay 5% retention thirty-five days after the Notice of Completion has been recorded, for a

    total project expenditure of $25,020. (Facilities Management)11. Resolution declaring certain County property as surplus (various County vehicles) and

    authorizing the Nevada County Purchasing Agent to sell, or otherwise dispose of, thosecertain items of surplus property listed on Exhibit A, assets to be sold at Auction: November2013. (4/5 affirmative vote required.) (Purchasing)

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    12. Resolution directing the County to accept the Fiscal Year 2013 U.S. Department ofHomeland Security Emergency Management Performance Grant (EMPG) funded throughthe California Emergency Management Agency to contribute to the Nevada CountyOperational Areas capability to prevent, prepare for, mitigate against, respond to, andrecover from emergencies and disasters, whether natural or man-made, in the amount of$144,747, for the period July 1, 2013 through June 30, 2014, authorizing the Director ofEmergency Services to fulfill the requirements of the Fiscal Year 2013/2014 EMPG, anddirecting the Auditor-Controller to deposit grant funding. (Emergency Services)

    Clerk of the Board: Donna Landi13. Acceptance of Board of Supervisors minutes for October 8, 2013.

    INDIVIDUAL BOARD MEMBER ITEMS:

    14. Resolution urging the Legislators of the State of California and senior leaders at theCalifornia Department of Parks and Recreation to support completion of the Empire MineUnderground Tour Project at the earliest opportunity. (Supervisor Lamphier)

    15. Resolution accepting the $95 registration scholarship and $400 travel stipend from CaliforniaForward, and appointing Supervisor Terry Lamphier to attend the California EconomicSummit, with any additional costs associated with this summit to be paid for by SupervisorLamphier or through his $600 yearly reimbursement allowance, and directing the Auditor-Controller to amend the Board of Supervisors Fiscal Year 2013/14 budget in the amount of$400. (4/5 affirmative vote required.)

    *ANNOUNCEMENTS:

    Pursuant to Government Code Section 54954.2, Board members and County Executive Officer maymake a brief announcement or brief report on his or her activities. Board members and CountyExecutive 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 takeaction to direct staff to place a matter of business on a future agenda.

    *CLOSED SESSION:

    Pursuant to Government Code Section 54956.9(d)(4), County Counsel is requesting a closedsession to determine whether litigation should be initiated by the County in one matter.

    Pursuant to Government Code Section 54957(b)(1), County Counsel is requesting a closedsession for a public employee performance evaluation: County Counsel.

    ADJOURNMENT:

    *(The Board of Supervisors can discuss these items at any time during the meeting.)

    ClickSupporting Documentsto access supporting documents on the Board of Supervisors DocumentPortal.

    This agenda was posted on bulletin boards 72 hours in advance of the meeting at the followinglocations: 1. Eric Rood Administrative Center; outside Board office, outside Board Chambers, andoutside main entrance. 2. Madelyn Helling Library. 3. District V Board of Supervisors ConferenceRoom. Posted: October 17, 2013.

    Notice was also posted at Grass Valley Library, Truckee Library, Truckee Joseph Center, and theTruckee Town Hall.

    http://www.mynevadacounty.com/search/Pages/bossearch.aspx?k=%20(NEVCODocumentDate%3e=01/01/2012)%20AND%20(NEVCOInformationTag:%22Supporting%20Document%22)&doctype=SupportingDocumenthttp://www.mynevadacounty.com/search/Pages/bossearch.aspx?k=%20(NEVCODocumentDate%3e=01/01/2012)%20AND%20(NEVCOInformationTag:%22Supporting%20Document%22)&doctype=SupportingDocumenthttp://www.mynevadacounty.com/search/Pages/bossearch.aspx?k=%20(NEVCODocumentDate%3e=01/01/2012)%20AND%20(NEVCOInformationTag:%22Supporting%20Document%22)&doctype=SupportingDocumenthttp://www.mynevadacounty.com/search/Pages/bossearch.aspx?k=%20(NEVCODocumentDate%3e=01/01/2012)%20AND%20(NEVCOInformationTag:%22Supporting%20Document%22)&doctype=SupportingDocument
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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 outof order, and then ask that person to leave if the person will not stop; additionally, the Chair reservesthe 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 oftime for comment on any agenda item to no less than 3 minutes for each individual. Comments bythe 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 beallowed to address the Board of Supervisors on matters not appearing on the agenda which are ofinterest to the public and which are within the subject matter jurisdiction the Board. Pursuant to theRalph M. Brown Act, the Board shall not take any action or discuss any matter not appearing on theagenda; 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 Boardmeeting. The chairperson of the Board may limit any individual desiring to address the Board to noless than 3 minutes. Time to address the Board will be allocated on the basis of the order in whichthe requests were received.

    At special meetings of the Board, there will not be a scheduled public comment period allocated foritems not on the agenda. Public comment will only be allowed on matters appearing on the agendaat 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 onthe Boards agenda as a public hearing. The Board may limit any persons input to not less thanthree (3) minutes. Any person may provide the Board with a written statement in lieu of or insupplement to any oral statement made during a public hearing. Written statements shall besubmitted 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 publiccomment and/or testimony on that item at the subsequent hearing. However, at the initial publichearing, prior to taking action, the Board may, at its sole discretion, elect to continue the matter andto reopen the public hearing. At the subsequent hearing, all information will be considered. TheBoard may also, at the initial public hearing, prior to taking action, announce that the public hearingis being continued for specific information and the public testimony will only be heard on newinformation specific to the Boards direction. After the public hearing is closed, if the Board laterdecides 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 thepodium 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 herdiscretion allow five (5) minutes for those who are serving as a spokesperson for a group ororganization; 5) A speaker may not yield time to another speaker; 6) No individual may speak morethan once during the Public Comment period or on an item on the agenda unless recognized by theChair as having new information; 7) In the interest of civil discourse, the same rules specified in theBoard 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 byreference. It shall be the responsibility of the Chair to ensure public comments are conducted insuch a manner that avoids disruptive activity, promotes mutual respect, keeps comments focused onissues, and avoids personal attack; and 8) Applicants, applicant representatives and appellants

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    desiring to speak shall be permitted to speak first during the public comment portion of a publichearing for not more than ten (10) minutes (or fifteen (15) minutes at Appeal Hearings), unlessdifferent rules for conducting the hearing are provided by County code. Time limits may beincreased at the Chair of the Boards discretion.

    ORDINANCES:

    By statute, an ordinance may be passed immediately upon introduction only after notice and apublic 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 regularmeeting or at an adjourned regular meeting unless authorized by statute as indicated above. TheBoard of Supervisors will address ordinances at first readings. The public is urged to addressordinances at first readings; as passage of ordinances will be held at second readings, after readingthe 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 ofa second reading. (Gov. Code Section 25131, et seq.)

    INFORMATIONAL CORRESPONDENCE:

    The Board may direct any item of informational correspondence to a department head forappropriate 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)