STRIVING FOR EXCELLENCE

 
 

 


A G E N D A      

BOARD OF SUPERVISORS

 

Regular Meeting

Tuesday, April 19, 2011

Closed Session – 9:00 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

CHAIRMAN JOHN PEDROZO…..DISTRICT 1 

HUBERT “HUB” WALSH, JR….DISTRICT 2

LINN DAVIS…..DISTRICT 3

DEIDRE F. KELSEY….DISTRICT 4

JERRY O’BANION…..DISTRICT 5

Lydia A. Beiswanger, Chief Clerk

LARRY T. COMBS

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

9:00 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 REAL PROPERTY NEGOTIATOR: It is the intention of the Board to meet in Closed Session concerning a Conference with Real Property Negotiator(s) Mark Hendrickson, Director-Commerce, Aviation and Economic Development pursuant to Government Code Section 54956.8 as follows:  (1) Building 395, (2) Building 1550 and (3) Castle Airport properties

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. Rooker, et al., Merced Superior Court case no.: CV001238

CLOSED SESSION: It is the intention of the Board to meet in Closed Session pursuant to Government Code Section 54957.6 concerning a Conference with County of Merced Staff Negotiators concerning negotiations with American Federation of State, County and Municipal Employees (AFSCME), Units 4, 5, 6 and 8; Independent Employees of Merced County (IEMC), Unit 3; Merced County Lawyers Association, Unit 7; Merced County Sheriff Employee Association (MCSEA), Unit 2; Merced County Law Enforcement Sergeants, Unit P; Deputy Sheriff Association, Unit 10 and Non-Safety Corrections, Unit 12

GOVERNMENT CODE SECTION 54950 COMPLIANCE (LATE AGENDA ITEMS)

 

 

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)

 

PRESENTATIONS

(1)   Service Pin Presentation: Dawn McGranahan-Human Services Agency,  20 years of service

(2)   Volunteer Recognition - 2011 Volunteers nominated by the community: Nancy Hladek, Richard Jantz, Rick Nagle, Sally Ragonut, Stephanie Rivero; Central Presbyterian Church, Continuum of Care-Homeless Count Volunteers, Jan & Friends, Read & Succeed Adult Literacy Program and the Spirit of Christmas Group

A RECEPTION WILL BE HELD IN ROOM 310 IN HONOR OF AWARDS

 

(3)   Executive Office - Budget Presentation

APPROVAL OF CONSENT AGENDA CALENDAR (Items #1 - 30)

 

HEALTH - PUBLIC HEARING - PROPOSED ORDINANCE AND POSSIBLE ADOPTION

To consider Proposed Ordinance entitled:  An Ordinance changing Fees set for Environmental Health Services as provided by the Dept. of Public Health

REPORTS/BOARD DIRECTION

County Executive Officer, County Counsel, Board of Supervisors Members

 

 

1:15 p. m.               PRESENTATION - REDISTRICTING

Presentation from Nielsen Merksamer Parrinelllo Gross & Leoni LLP and National Demographics Corporation regarding Merced County's redistricting of current supervisorial district boundaries plans and processes including legal and policy criteria governing redistricting and demographics of existing supervisorial districts, per California Elections Code Section 21500 et seq.

 

CONSENT CALENDAR (Items #1 - 30)

Public Works

1.         Approve and authorize ratification of the Public Works Director to sign Amendment to Contract No. 2006183 with SCS Engineers for the design, installation and close out of a temporary Granular Activated Carbon (GAC) Treatment System for the Highway 59 Landfill Gas Collection and Control system.


2.         Adopt Resolution designating the intersection of San Estevan Drive and Centinella Drive constructed as part of the Santa Nella Village Unit No. 4A Subdivision No. 04077 as a Stop Intersection and authorize enforcement of the Stop Sign installed on the San Estevan approach to the intersection located in the Santa Nella SUDP area.

3.         Adopt Resolution designating the intersection of Las Flores Court and Centinella Drive constructed as part of Santa Nella Village Unit No. 4A Subdivision No. 04007 as a Stop Intersection and authorize enforcement of the Stop Sign installed on the Las Flores Court approach to the intersection located in the Santa Nella SUDP area.

4.         Adopt Resolution designating the intersection of Las Flores Drive and Centinella Drive constructed as part of Santa Nella Village Unit No. 4A Subdivision No. 04007 as a Stop Intersection and authorize enforcement of the Stop Sign installed on the Las Flores Drive approach to the intersection located in the Santa Nella SUDP area.

5.         Adopt Resolution designating the intersection of Failte Court and Buhach Road constructed as part of Failte Meadows Subdivision No. 05014 as a Stop Intersection and authorize enforcement of the Stop Sign installed on the Failte Court approach to the intersection located in the Atwater RRC #1 area.

6.         Adopt Resolution designating the intersection of Vera Cruz Drive and Centinella Drive constructed as part of Santa Nella Village Unit No. 4A Subdivision No. 04007 as an All Way Stop Intersection and authorize enforcement of the Stop Sign installed on both the northbound and southbound Vera Cruz Drive approaches and the westbound Centinella Drive approach to the intersection located in the Santa Nella SUDP area.

7.         Adopt Resolution designating the intersection of Jeff Street and Quinley Avenue constructed as part of Silva Meadows Phase 2 Subdivision No. 03017 as a Stop Intersection and authorize enforcement of the Stop Sign installed on the Jeff Street approach to the intersection located in the Atwater RRC #1 area.

8.         Adopt Resolution designating the intersection of Luis Avenue and Centinella Drive modified as part of Santa Nella Village Unit No. 4A Subdivision No. 04007 as an All-Way Stop intersection and authorize enforcement of Stop Signs installed on both the northbound and southbound Luis Avenue approaches and the eastbound Centinella Drive approach to the intersection located in the Santa Nella SUDP area.

Ag. Commissioner

9.         Approve and authorize Chairman to sign Renewal Contract No. 2005109 with Calif. Dept. of Food and Ag. for conducting Petroleum Products and Weighmaster Inspections and adopt Resolution.

10.     Approve and authorize Chairman to sign Renewal Contract No. 2010218 with Calif. Dept. of Food and Agriculture for European Grapevine Moth Regulatory and Enforcement Program and adopt Resolution.

Mental Health

11.     Approve and authorize Chairman to sign Renewal Contract No. 2008104 with Dr. Elmer Ignacio for provision of psychiatric services at the Saturday Meds Clinic.

12.     Approve and authorize Chairman to sign Renewal Contract 2010194 with Regents of the University of California for medical student interns from UC Davis to obtain clinical learning experience at Mental Health.

13.     Approve and authorize Chairman to sign Renewal Contract No. 2009168 with Health to provide Alcohol and Drug HIV services for Mental Health.

14.     Approve and authorize Chairman to sign Renewal Contract No. 2009096 with Joseph Melton, LMFT for certification review hearing services not to exceed $18,000.

15.     Approve and authorize Chairman to sign Renewal Contract No. 2008190 with Merced County Office of Education (MCOE) for provision of services of the Family Resource Council between Probation, Mental Health and MCOE.

Human Services Agency

16.     Approve and authorize Chairman to sign Amendment to Contract No. 2005256 with District Attorney for Welfare Fraud Investigation Services and approve the necessary budget transfer.  (4/5 Vote Required)

17.     Approve and authorize Chairman to sign Renewal Contract No. 2009296 with Library for Literacy Training services for CalWORKs Welfare to Work participants.

18.     Approve and authorize Chairman to sign Renewal Contract No. 2010079 with Merced County Office of Education for the Vocational Training Services through the Regional Occupation Program (ROP).

Assessor

19.     Approve Budget Transfer in the amount of $70,000 to authorize increase in appropriation to allow for payment of AES Appraisal software. (4/5 Vote Required)

Fire

20.     Approve Budget Transfer in the amount of $700 for Revenue from Sheriff Office for radio upgrade costs above grant approval.  (4/5 Vote Required)

Dept. of Admin. Services

21.     Approve and authorize Chairman to sign Amendment to Contract No. 2010122 with Kronos for the purchase of additional licenses and consulting support relative to the Time Management System.

Library

22.     Approve and authorize Chairman to sign Amendment to Contract No. 2003032 with the Housing Authority of the County of Merced to house the George Branch Library located at 401 Lesher Drive, Merced reducing the payment to the Housing Authority for 12 months.

Board Recognition

23.     Adopt Resolution commending Louis Cordero for service to the County of Merced.

24.     Proclaim the month of May, 2011 as Mental Health Month in Merced County.

25.     Proclaim May, 2011 as Drug Court Month in Merced County.

26.     Authorize Certificates of Recognition to individuals selected by Gustine Chamber of Commerce:  Rico, Pfitzer, Pires & Associates for Beautification Award; Judy Quinn for Citizen of the Year; Mark D. Melville for Lowell N. Peters Award; Hills View Packing for Agriculturalist of the Year and Pioneer Drug Store for Business of the Year.

27.     Authorize Certificate of Recognition to Scott Newman for years of service to Cal Fire/Merced County.

28.     Authorize Certificate of Recognition to City of Los Banos for Arbor Day.

29.     Authorize Certificate of Recognition to Subway in recognition of Pre-Opening Celebration.

30.     Authorize Certificate of Recognition to Merced Organics for Ribbon Cutting.

 

REGULAR CALENDAR

BOARD ACTION

PUBLIC WORKS

31.     Certify the Information and Findings of the Mitigated Negative Declaration for the former Merced County Hospital Re-Use and Partial Demolition Project.

32.     Authorize Public Works Director to approve and sign Applicant Agreements with applicants seeking an encroachment permit.

DISTRICT ATTORNEY

33.     Accept Funding from the Calif. Emergency Management Agency for Underserved Victim Advocacy and Outreach Program in the amount of $125,000 and approve the necessary budget transfer.  (4/5 Vote Required)

HEALTH

34.     Accept the Grant Award from the National Association of County & City Health Officials to provide capacity building funds to the local Medical Reserve Corps Unit in Merced County; approve Out-of-State Travel for one staff to attend the 2011 integrated medical, public health, preparedness and Response Training Summit held May 1-5 in Texas and authorize Contract to be signed and approve the necessary budget transfer.  (4/5 Vote Required)

35.     Accept the Child Health and Disability Prevention (CHDP) Program and the Health Care Program for Children in Foster Care (HCPCFC) and the California Children's Services (CCS) Program Plan Allocations for FY 10-11 in the amount of $2,126,029 and authorize the Chairman to sign the Certification Statement.

MENTAL HEALTH

36.     Contract with Dos Palos Memorial Hospital & Clinic for placement of County Clinical Staff to provide mental health services involving no compensation.

37.     Approve and authorize submission to the State Dept. of Mental Health Services Oversight and Accountability Commission on the Mental Health Services Act Fiscal Year 2011-2012 Annual update, including all comments and any updates from the March 29, 2011 Mental Health Board Public Hearing; authorize the Chief Information Officer and the HIPAA Privacy/Security Officer to sign the necessary documents and the Mental Health Director to sign all necessary documents for submission.


COMMERCE, AVIATION AND ECONOMIC DEVELOPMENT

38.     Award Contract for Residential Real Estate Agent Services to Andy Krotik, Caldwell Banker Gonella Realty in connection with purchase/rehabilitation/resale model of Neighborhood Stabilization Program funds Request for Proposal No. 6562.

39.     Award Contract for Residential Real Estate Appraisal Services to The Appraisal Group in connection with purchase/rehabilitation/resale model of Neighborhood Stabilization Program funds Request for Proposal No. 6564.

40.     Support AB 153 (Skinner) and AB 155 (Calderon) and authorize Chairman to sign Letter of Support and direct Staff to send Letter to Assembly Member Fuentes, Chair of Assembly Committee on Appropriations.

41.     Support HR Bill 869 (Denham) and authorize Chairman to sign Letter of Support and direct Staff to send Letter to U.S. Senators Feinstein and Boxer and U.S. House of Representatives Cardoza, Costa, McCarthy, Nunes and Denham.

HUMAN SERVICES AGENCY

42.     Contract with Health for Clinic Services and approve the necessary budget transfer.  (4/5 Vote Required)

43.     Contract with Probation for Adult Services and approve the necessary budget transfer.  (4/5 Vote Required)

44.     Authorize release of Request for Proposal for an Elderly Nutrition Program and authorize solicitation and selection of potential vendors and negotiation of contract to be returned to the Board for approval.

SHERIFF

45.     Contract with Le Grand Elementary School District for School Resource Officer.

AUDITOR

46.     Approve the updated Policies and Procedures for the Property Control Manual in connection with the County Fixed Asset Policy.

TREAS-TAX COLL-COUNTY CLERK

47.     Resolution approving the Special District Resolution of the Planada Community Services District to change their election cycle from November of odd-numbered years and coincide with statewide elections in even-numbered years with the general election.

DEPT. OF ADMIN. SERVICES

48.     Declare Miscellaneous Office Furniture, etc. as Surplus Property and authorize its disposal by conducting an Internet Public Auction.

49.     Authorize use of any Western States Contracting Alliance "WSCA" Contract already established if it is favorable to the County; final approval and execution of contracts would proceed through normal processes including Board Approval and execution by Chairman where required by state law or County Code.


SPRING FAIR

50.     Contract with Holland Racing Promotions to host the Destruction Derbys during the Merced County Spring Fair on April 29-30, 2011.

51.     Authorize the request from the May Day Fair Board Loan Committee to approve the payment schedule to repay the Spring Fair Operating Loan in the sum of $150,000 as follows:  June 2011-$3,000; June 2012-$3,000; June 2013-$5,000 and June 14, 2014-$8,000 and return to the Board in June, 2014 to re-evaluate the Operating Loan.

PLANNING

52.     Set the 8th Joint General Plan Update Study Session with the Board and Planning Commission for May 3, 2011 at 1:30 p.m. to involve presentations on draft policies, have discussions and obtain direction and receive from public.

BOARD OF SUPERVISORS

53.     Provide policy direction that $15,000 of Special Board Project Funds-District Four be utilized for a match to Public Telecommunications Facilities Program Grant for the Westside Theatre Foundation over a two year period; authorize the first $7,500 to be utilized towards the match in FY 10/11 and direct staff to return to the Board next fiscal year for the remaining $7,500 match.

54.     Authorize Special Board Project Funds-District One in the amount of $500 to be forwarded to the Young Women's Conference held in the City of Livingston on March 26, 2011.

EXECUTIVE OFFICE

55.     Merced County Association of Governments- (1) Approve Merced County's General Membership Contribution of $28,299; (2) Approve MCAG FY 2011/12 Work Program with or without One Voice and corresponding budget reflecting the contributions from Merced County; (3) Determine that Merced County will not participate in One Voice in FY 2011/12 and request the MCAG Board to remove the One Voice Program from the Work Program.

56.     Review and authorize establishment of Standing Committee for the At Large Membership Appointments and Amend current Resolution to include and clarify the purpose of the Standing Committee.

APPOINTMENTS

57.     First 5 Commission - Reappointment.

 

BOARD INFORMATION & POSSIBLE ACTION

58.     Commerce, Aviation and Economic Development re: Notification of Contract issued to Moore's Karate for Moore's Karate Camp 2011 to be held May 1-15, 2011.

59.     Commerce, Aviation and Economic Development re: Community Development Block Grant with State Dept. of Housing and Community Development Department for Homebuyer Assistance with Rehabilitation and Owner Occupied Housing Rehabilitation Grant approved by the Board on June 8, 2011 for submission with report back (10-STBG-6729 Standard Agreements).

60.     Commerce, Aviation and Economic Development re: Community Development Block Grant with State Dept. of Housing and Community Development Department for Homebuyer Assistance with Rehabilitation and Owner Occupied Housing Rehabilitation Grant approved by the Board on August 24, 2010 for submission with report back (10-HOME-6846 Standard Agreements).

61.     Auditor re:  New Governmental Accounting Standards Board Statement #54 (GASB #54)

62.     Tulare County Board of Supervisors re:  Letter of support of Tulare County for inclusion in the Service Area of Foreign-Trade Zone (FTZ) Number 226.

63.     Calif. Emergency Management Agency re:  Notification on March 31, 2011, the U.S. Small Business Administration declared the primary counties of Del Norte, Humboldt, Marin, Mendocino, Monterey, San Francisco, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Sonoma and the contiguous counties of Alameda, Glenn, Kern, Kings, Lake, Merced, Napa, San Benito, Siskiyou, Solano, Stanislaus, Tehama and Trinity a disaster area as a result of the economic impacts caused by the closure of the 2010 salmon fishery season that occurred April 10, 2010 through September 30, 2010.

64.     U.S. Senator Barbara Boxer re:  Letter of acknowledgment regarding federal funding for Workforce Investment Act (WIA) Programs and support of important and successful job training programs.

65.     U.S. Dept. of Commerce re:  U.S. Census Bureau will conduct the 2010 Census County Question Resolution Program between June 1, 2011 and June 1, 2013 which provides state, local, and tribal officials or their designated representatives in the U.S. and Puerto Rico an opportunity to challenge the 2010 Census counts of housing units and group quarters.

66.     Pacific Gas & Electric Company re:  Merced Falls Hydroelectric Project (FERC Project No. 2467) Pacific Gas and Electric Company's Reply to Agency Comments on the Licensee's Initial Study Report.

67.     State Water Resources Control Board re:  Draft Order regarding Merced Irrigation District's Petition for Reconsideration and Request for Stay of Investigation Order WR 2011-0003-EXEC.

68.     State Water Resources Control Board re:  Revised Notice of Preparation and Notice of Additional Scoping Meeting for:  Project Area-San Joaquin River Flow Objectives and Southern Delta Water Quality Objectives and the area of potential environmental effects.

POSSIBLE DIRECTION FOR FUTURE AGENDA ITEMS

 

May

            May 3, 2011

            Board Meeting

            May 10, 2011

      Special Board Meeting

            May 24, 2011

            Board Meeting

June

            June 7, 2011

            Board Meeting

            June 28, 2011

            Board Meeting