STRIVING FOR EXCELLENCE

 
 

 


A G E N D A      

BOARD OF SUPERVISORS

 

Regular Meeting

Tuesday, August 04, 2009

Closed Session – 8:00 a.m.

Interviews – Housing Authority of the County of Merced8:45 a.m.

Regular Meeting – 10:00 a.m.

 

MERCED COUNTY 

ADMINISTRATION BUILDING

2222 “M” STREET

BOARD ROOM, THIRD FLOOR

MERCED, CALIFORNIA  95340

(209) 385-7366

JOHN PEDROZO…..DISTRICT 1 

HUBERT “HUB” WALSH, JR.….DISTRICT 2

MICHAEL G. NELSON…..DISTRICT 3

CHAIRMAN DEIDRE F. KELSEY….DISTRICT 4

JERRY O’BANION…..DISTRICT 5

Lydia A. Beiswanger, Chief Clerk

DEMITRIOS O. TATUM

JAMES N. FINCHER

COUNTY EXECUTIVE OFFICER

COUNTY COUNSEL

                     

All supporting documentation is available for public review in the Office of the

Clerk of the Board of Supervisors located in the County Administration Building,

Third Floor, 2222 “M” Street, Merced, California, 95340

During regular business hours, 8:00 a.m. – 5:00 p.m., Monday through Friday.

 

The Agenda is available online at www.co.merced.ca.us

 

Any material related to an item on this Agenda submitted to the Clerk after distribution of the Agenda packet is available for public inspection in the Office of the Clerk of the Board

 

Members of the public are advised that all pagers, cellular telephones and any other communication devices are to be turned off upon entering the Board Chambers

 

HEARING ASSISTANCE DEVICES ARE AVAILABLE FOR PUBLIC USE

INQUIRE WITHIN THE BOARD OF SUPERVISORS OFFICE

 

Persons who require accommodation for any audio, visual or other disability in order to review an agenda, or to participate in a meeting of the Board of Supervisors per the American Disabilities Act (ADA), may obtain assistance by requesting such accommodation in writing addressed to the Clerk of the Board, 2222 M Street, Merced, CA 95340 or telephonically by calling (209) 385-7366.  Any such request for accommodation should be made at least 48 hours prior to the scheduled meeting for which assistance is requested

                    


The Agenda is divided into three sections:

CONSENT CALENDAR – These matters include routine financial and administrative actions and are approved by a single majority vote.

SCHEDULED ITEMS – These items are noticed hearings, work sessions and public hearings.

REGULAR CALENDAR – These items include significant policy and administration actions.  Immediately after approval of the CONSENT CALENDAR, if the time of the hearing of SCHEDULED ITEMS has not arrived, the REGULAR CALENDAR will be considered.

SCHEDULED ITEMS

Closed sessions

 8:00 A. M.                 THE PUBLIC IS INVITED TO SPEAK ON ANY ITEM ON THE AGENDA –                                    TESTIMONY IS LIMITED TO FIVE MINUTES PER PERSON

CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - SIGNIFICANT EXPOSURE TO LITIGATION: It is the intention of the Board to meet in Closed Session concerning significant exposure to litigation pursuant to Government Code Section 54956(b):    Two Cases

CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: It is the intention of the Board to meet in Closed Session concerning Existing Litigation pursuant to Government Code Section 54956.9(a): County of Merced v. California State Personnel Board, Real Party in Interest, Trang Cooper, Merced County Superior Court Case No. CV000083 and Wathan v. Merced County Sheriff's Department, et al., United States Eastern District Court Case Number 1:05-cv-1609

CLOSED SESSION -  INITIATION OF LITIGATION: It is the intention of the Board to meet in Closed Session concerning Initiation of Litigation pursuant to Government Code Section 54956.9(c): Three Cases

GOVERNMENT CODE SECTION 54950 COMPLIANCE (LATE AGENDA ITEMS)

 

 8:45 A. M.                 INTERVIEWS - HOUSING AUTHORITY OF THE COUNTY OF MERCED              At Large Representatives, 2 vacancies.   Applicants: Jose Jesus Delgadillo, John (Jack) Kelly, Margaret Ann Pia, Roger Perez, Kelly Barkman and Toni Fiorenza

 

Open session

 

10:00 A. M.                PLEDGE OF ALLEGIANCE

PUBLIC OPPORTUNITY TO SPEAK ON ANY MATTER OF PUBLIC INTEREST WITHIN THE BOARD'S JURISDICTION INCLUDING ITEMS ON THE BOARD'S AGENDA, EXCEPT FOR THOSE ITEMS SPECIFICALLY SCHEDULED AS PUBLIC HEARINGS (Testimony limited to five minutes per person)

APPROVAL OF CONSENT AGENDA CALENDAR (Items #1 – 25)

 

11:15 A. M.                FIRE - Fire Engine Dedication/tour - Located outside of the Administration Building next to the County Parking Lot by the Law Enforcement Memorial

REPORTS/BOARD DIRECTION

                                    County Executive Officer, County Counsel, County Auditor, Board of Supervisors Members

 

CONSENT CALENDAR (Items #1 - 25)

Public Works

1.           Approve and authorize Chairman to sign Amendment to Contract No. 2006007 with Mark Thomas and Company for the Campus Parkway Design.

2.           Set public hearing for September 22, 2009 at 10:00 a.m. to consider Notice of Intent to vacate Northrup Road between Third Avenue and 1/4 mile southerly in the Stevinson area and adopt Resolution of Intent.

3.           Accept donation of $100 from Eugenia Stellmann for Public Works Transit "The Bus".

Mental Health

4.           Approve and authorize Chairman to sign Amendment to Contract No. 2008230 with Stanislaus County Behavioral Health Services for Inpatient Services at Marie Green Psychiatric Health Facility.

5.           Approve and authorize Chairman to sign Amendment to Contract with Aspira Behavioral Health for Specialty Mental Health Services and Therapeutic Behavioral Services.

6.           Approve and authorize Chairman to sign Amendment to Contract No. 2007249 with Aspira Behavioral Health for Mental Health Services, WeCan Wraparound Services to expand services.

7.           Approve and authorize Chairman to sign Amendment to Contract with Merced County Association of Governments for Facilitator for Continuum of Care Projects.

8.           Approve and authorize Chairman to sign Amendment to San Benito County Behavioral Health Services for Inpatient Services at Marie Green Psychiatric Health Facility.

9.           Approve and authorize Chairman to sign Amendment to Contract No. 2008189 with Sierra Vista Child and Family Services for specialty mental health services for children.

Health

10.      Approve and authorize Chairman to sign Amendment to Contract No. 2007208 with State Dept. of Public Health for AIDS Program Master Contract which includes the incorporation of amended MOU for HIV Prevention Services and adopt Resolution.

Treasurer-Tax Collector-County Clerk

11.      Certify Election Results of the Statewide Special Election held on May 19, 2009 and adopt Resolution certifying Election Results.


Probation

12.      Approve and authorize Chairman to sign Renewal Contract No. 2005266 with Office of Emergency Services for Violence against Women Grant Reapplication for continuing funding.

13.      Approve and authorize Chairman to sign Renewal Contract No. 2004151 with Delhi Unified School District for a Deputy Probation Officer to be placed at campus.

14.      Approve and authorize Chairman to sign Renewal Contract No. 2008303 with Corrections Standards Authority for Juvenile Accountability Block Grant and adopt Resolution.

Executive Office

15.      Approve and authorize Chairman to sign Renewal Contract No. 2003282 with Superior Court of California-County of Merced for Services and Reimbursement for Court Operations.

16.      Approve Travel Request for Human Services Agency as recommended by Executive Office.

17.      Act on Claims for Damages submitted by Fred Mosbey III, Tracey Mosbey and Antonio Rushing as recommended by Executive Office.

Dept. of Admin. Services

18.      Declare Miscellaneous Office Furniture, Office Equipment, and Miscellaneous Supplies (Exhibit A) as Surplus Property and authorize an Internet Auction of the items.

Board of Supervisors

19.      Approve Minutes of March 3 and 17, 2009 and April 7, 2009 as submitted.

Board Recognition

20.      Authorize Certificates of Recognition to the Winton School District retirees:  Toni Dunwoody-Teacher; Sherman Glenn-Principal; Rosemary Minor-Instructional Aide; Michael Crass-Superintendent; Linda Thompson-Dir. of Fiscal Services; Gary Whitley-Teacher and Don Granger-F.S. Delivery Driver/Custodian.

21.      Authorize Certificates of Recognition to individuals selected by the Merced County Chamber of Commerce for the Quarter:  John Derby-Mid Valley Publications, Good Business Citizen and Doug Fluetsch-Volunteer.

22.      Authorize Certificate of Recognition to Jeff Strom selected by the Father of the Year Committee as 2009 Father of the Year.

23.      Authorize Certificate of Recognition to Jeff Rivero for his election to the Atwater City Council.

24.      Authorize Certificate of Recognition to Le Grand Early Learning Center in celebration of Grand Opening and Ribbon Cutting.

25.      Authorize Certificate of Recognition to individuals selected by the Los Banos Chamber as follows:  Jeni Brazil-Outgoing Secretary/Director; John Whala-Outgoing 1st Vice President; David Bond, Robert Ford, Bruce Vogt, Kurk Kimbler and Stephen Waggle as Outgoing Directors; Memorial Hospital of Los Banos-The Bill Marchese Business of the Year Award; Kent Sandhagen-The Wilma Keokuk Chamber Volunteer of the Year Award and Gene Lieb-The Betty Trauba Business Person of the Year Award and Keith H. Groninga-Outgoing Executive Director/CEO.

REGULAR CALENDAR

BOARD ACTION

PUBLIC WORKS

26.      Authorize termination of Contract with Merced County Community Action Board as of August 3, 2009 and authorize Chairman to sign Management Contract with Golden Valley Health Centers for the Planada Community Recreation Building and Senior Citizens Annex.

27.      Contract with PG&E for Relocation of Utility Poles in connection with Highway 59 Landfill new Entrance Project and authorize payment for work in the amount of $36, 872.55.

28.      Contract with Pacific Bell Telephone Company for acquisition of right-of-way for Buhach @ Ashby Project accepting Grant Deed and authorize payment to TransCounty Title Company for accepted value of property plus escrow and any other transaction fees; authorize Chair to sign Release of Claims Agreement and adopt Resolution.

29.      Resolution accepting the Grant Award from Office of Traffic Safety for the implementation of an Automated Collision and Tracking Program and Contract to be signed by the Chairman after review by Auditor and Counsel.

30.      Approve plans and specifications for Construction of the Maria Avenue Pedestrian Bridge in Hilmar and direct Public Works to return to the Board with an informational item disclosing actions taken.

31.      Authorize closure and Exclusive Use of Henderson Park on September 10 - 13, 2009 for the Merced County Sheriff's Department to host a Search and Rescue Training for Volunteers.

MENTAL HEALTH

32.      Contract with Healthy House Within a MATCH Coalition for Cultural and Linguistic Outreach as part of the Public Awareness and Education Campaign.

HUMAN SERVICES AGENCY

33.      Contract with First 5 Merced County for Parenting Center Grant Award in the amount of $600,000.

34.      Contract with Merced County Office of Education for "Positive Discipline", "Nurturing" and "Boot Camp" for New Dads.

HEALTH

35.      Contract with Calif. Emergency Medical Services Authority for coordination of data provided to the State (through the National Highway Traffic Safety Administration and the Calif. Office of Traffic Safety).

COMMERCE, AVIATION AND ECONOMIC DEVELOPMENT

36.      Contract with Federal Aviation Administration to accept the Grant Agreement Offer Project No. 03-06-0364-11 for funds to be used for the administrative expenses, architectural engineering fees and project inspection fees relating to Castle AIP #10 Grant Project (Castle Airport Runway Rehab and Pavement Marking Project); authorize Counsel to sign Certificate of Sponsor's Attorney; authorize submission of CalTrans Matching Grant Application to Division of Aeronautics, Calif. Dept. of Transportation and Chairman to sign Contract if awarded and authorize Public Works Director, in coordination with Counsel, to execute a Change Order to the AIP #10 Construction Contract and adopt Resolution.

37.      Approve Withdrawal of +/- 75.53 acres from Foreign Trade Zone (FTZ) 226, Site 8 (Airways East Business Park) and Site 10B (City of Clovis Industrial Park) and adopt Resolution.

38.      Authorize Chairman to sign written commitment to reorganize FTZ No. 226 within three years and submit to the U.S. Foreign Trade Zones Board and direct FTZ Staff to begin preparing a draft Application for the reorganization of FTZ No. 226.

CHILD SUPPORT SERVICES

39.      Authorize preparation and release of Request for Proposal for Genetic Testing Services, select the most responsive vendor and negotiate contract to be returned to the Board for final approval.

DISTRICT ATTORNEY

40.      Authorize participation in the Victim/Witness Assistance Program (Recovery Act - VAWA Stimulus) and authorize submission of Grant Application for FY 2009/10 with Calif. Emergency Management Agency and authorize Chairman to sign Grant Award and Certificate of Compliance and adopt Resolution.

PLANNING

41.      Approve the Agricultural Conservation Easements are exempt from CEQA in accordance with Section 15317 of the CEQA Guidelines and approve use of California Dept. of Conservation Grant Funds for the purchase of Agricultural Conservation Easements on the Joe F. Alvernaz, Jim and Colette Alvernaz and James C. Alvernaz (Alvernaz Farms Inc) property and the Bear Creek Ranch Partnership by the Central Valley Farmland Trust and adopt Resolution.

42.      Resolution authorizing submission of HOME Grant Application for $800,000 to be used for First Time Homebuyer and Owner-Occupied Housing Rehabilitation Programs from the 2009 HOME Program Grant and return to the Board if the Grant application is successful for final approval.

43.      Contract with SPG Solar for reimbursement of costs related to Consultant costs provided by Michael Brandman Associates for the preparation of an Initial Study/Mitigated Negative Declaration for Conditional Use Permit No. CUP09-008 - Ingomar Packing.

SHERIFF

44.      Authorize donation of nine surplus vehicle mounted two-way radios to Merced Union High School District for use in school buses.

TREASURER-TAX COLLECTOR

45.      Contract with City of Merced for sale of Tax Defaulted Properties, APN 032-161-002 and 032-133-015 pursuant to Chapter 8 of the Revenue and Taxation Code.

BOARD OF SUPERVISORS

46.      Authorize Special Board Project Funds-District One in the amount of $1,000 to be forwarded to the Planada Municipal Advisory Committee Beautification Project.

47.      Authorize Special Board Project Funds-District Four in the amount of $300 to be forwarded to the San Joaquin Valley Resource Conservation District and Development Area Council to support their programs.

EXECUTIVE OFFICE

48.      Authorize changes to the CSAC Excess Insurance Authority (EIA) MOU for the General Liability Excess Insurance as amended to maintain membership and authorize Chairman to sign Amendment to Contract No. 2007116.

49.      Authorize changes to the CSAC Excess Insurance Authority (EIA) MOU for the JPA for Workers' Compensation Insurance Program as amended to maintain membership and authorize Chairman to sign Amendment to Contract No. 2007117.

50.      Approve Merced County's Community Action Agency's submission of Grant Application to the Dept. of Housing and Community Development for the purpose of providing first month's rental deposits, eviction prevention and rental assistance services to those in need and authorize Chairman to sign the Local Jurisdictional Approval Certification Form.

COUNSEL

51.      Contract with Neilsen Merksamer et al for Professional Legal Services for elections advice, issues and pre-clearance legal issues.

LIBRARY

52.      Authorize the County Librarian to close the Los Banos Branch Library on Saturday, August 8, 2009 at 1:00 p.m. to allow the Friends of the Library to paint the inside of the Library.

BOARD APPOINTMENTS

53.      Delhi Municipal Advisory Council - Appointment.

54.      Mental Health Advisory Board - Appointment.

55.      Ad Hoc Committee on Juvenile Offender Resource Options - Recommended Appointments.

56.      Housing Authority of the County of Merced - Appointment and Selection of two At Large Members based on the high scores of candidates, above the 70% threshold; Determine the term which each newly appointed members should be assigned, it is recommended by staff that the Board assigns the appointee who had the lowest score to the shorter term and that the Board assign the appointee with the highest score to the longer term; and, should less than two candidates be selected, instruct the Clerk to continue to receive applications for any positions that remain.

 

BOARD INFORMATION & POSSIBLE ACTION

57.      Public Works re:  Notice of Contract Award to Teichert Construction for Highway 152 at Volta Road Channelization Project.

58.      Dept. of Admin. Services re:  Notification of Proceeds of the Sale of Surplus Property during the Period of April 1 through June 30, 2009 amounted to $11,369.87.

59.      City of Los Banos re:   Resolution adopted by the Los Banos City Council on July 15, 2009 concerning the Merced County Uniform District Election to be held on November 3, 2009.

60.      California Dept. of Fish and Game re:  Bay-Delta Sport Fishing Enhancement Stamp Program Proposal Solicitation Notice is now available.

61.      San Joaquin River Restoration Program re:  Mendota Pool Bypass and Reach 2B Channel Improvements Project Public Scoping Meetings.

62.      Congressman Dennis Cardoza re:  Clean Water Restoration Act I.

63.      Calif. Emergency Management Agency re:  U.S. Small Business Administration declared the primary counties of Fresno, Madera and the contiguous counties of Inyo, Kings, Mariposa, Merced, Mono, Monterey, San Benito, Tulare and Tuolumne a disaster area due to agricultural losses caused by drought beginning January 1, 2009 and continuing.

64.      Calif. Emergency Management Agency re:  U.S. Small Business Administration granted a Secretarial Disaster designation for the primary counties of Fresno, Madera and the contiguous counties of Inyo, Kings, Mariposa, Merced, Mono, Monterey, San Benito, Tulare and Tuolumne due to agricultural losses caused by drought beginning January 1, 2009 and continuing.

65.      State Water Resources Control Board re:  Notice of Joint Public Workshop Regulation of Composting Facilities - August 17, 2009.

66.      State Water Resources Control Board re:  Petition of County of Los Angeles and Los Angeles County Flood Control District Waste Discharge Requirements Order No. R4-2006-0074, Amending Order No. 01-182 (NPDES CAS04001) for Municipal Storm Water and Urban Runoff Discharges in Los Angeles County, except for Long Beach, Los Angeles Water Board - Board Meeting Notification SWRCB/OCC File A-1780.

67.      State Water Resources Control Board re:  Notice of Public Staff Workshops' and Availability of Draft Study Report - Presentation and Discussion of Draft Study Report on Crop Salt Tolerance in Southern Sacramento-San Joaquin River Delta on August 13 and November 4, 2009.

68.      State Water Resources Control Board re:  Application No. 4901 - Order approving Petition for Temporary Change to authorize the transfer of up to 2,752.59 acre-feet of water to the 2009 Drought Water Bank - Sacramento River Ranch.

69.      State Water Resources Control Board re:  Application 1589 Order Approving Petition for Temporary Change to authorize the transfer of up to 2,805 acre-feet of water to the 2009 Drought Water Bank, Reclamation District No. 108.

70.      Calif. State Controller re:  Merced County Audit Report, Child Abduction and Recovery Program, Chapter 1399, Statutes of 1976; Chapter 162, Statutes of 1992; and Chapter 988, Statutes of 1996.

71.      California High-Speed Rail Authority re:  Board Meeting to be held on August 6, 2009 in Sacramento.

 

POSSIBLE DIRECTION FOR FUTURE AGENDA ITEMS