STRIVING FOR EXCELLENCE
A G E N D A
BOARD OF SUPERVISORS
Regular Meeting
Tuesday, September 25, 2012
Closed Session – 9:00 a.m.
Regular Meeting – 10:00 a.m.
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MERCED COUNTY ADMINISTRATION BUILDING 2222 “M” STREET BOARD ROOM, THIRD FLOOR MERCED, CALIFORNIA 95340 (209) 385-7366 |
JOHN PEDROZO…..DISTRICT 1 CHAIRMAN HUBERT “HUB” WALSH, JR….DISTRICT 2 LINN DAVIS…..DISTRICT 3 DEIDRE F. KELSEY….DISTRICT 4 JERRY O’BANION…..DISTRICT 5 |
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JAMES L. BROWN |
JAMES N. FINCHER |
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COUNTY EXECUTIVE OFFICER |
COUNTY COUNSEL |
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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 - INITIATION OF LITIGATION: It
is the intention of the Board to meet in Closed Session pursuant to Government
Code Section 54956.9 (c): One Case
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): Dixon v. Promesa Behavioral Health, Inc., et al., Merced
Superior Court case no. CV002183.
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)
APPROVAL OF CONSENT AGENDA CALENDAR (Items #1 - 40)
To consider Proposed Ordinance entitled
"Fire Hazard Abatement" (Replacing County Code Section 9.25 and
Amending Ordinance No. 1865)
RECOMMENDATION: Conduct Public Hearing and accept public
comment; waive further reading; close Public Hearing and adopt ordinance
amending County Ordinance 1865 and replacing Merced County Code Chapter 9.25.
EXECUTIVE
OFFICE - PUBLIC HEARING
To consider appointment of Road Commissioner
and Public Works Director.
RECOMMENDATION: 1)
Consider qualifications of the candidate, Dana S. Hertfelder, receive
testimony; close Public Hearing 2) Appoint Dana S. Hertfelder as Road
Commissioner effective September 24, 2012; 3) Confirm the appointment of Dana
S. Hertfelder as the County Public Works Director/Road Commissioner and approve
"A" level benefits effective September 24, 2012.
REPORTS/BOARD DIRECTION
County Executive Officer, County Counsel,
Board of Supervisors Members
CONSENT CALENDAR (Items # 1-40)
Public Works
1.
Approve
Budget Transfer in the amount of $15,000 for plasma cutter which can no
longer be repaired and for flashing beacon replacement in Planada and
Stevinson.
2.
Set
Public Hearing for November 20, 2012 at 10:00 A.M. to consider adoption of
a Proposed Resolution of Necessity to Commence Eminent Domain Proceedings to
acquire a portion of APN 005-120-041 from Noah & Lorna Williams for the
Atwater-Merced Expressway (AME) project.
3.
Set
Public Hearing for November 20, 2012 at 10:00 A.M. to consider adoption of
a Proposed Resolution of Necessity to Commence Eminent Domain Proceedings to
acquire APN 005-190-014 from Juan H. Garcia and Janie G. Garcia for the
Atwater-Merced Expressway (AME) project.
4.
Set
Public Hearing for November 20, 2012 at 10:00 A.M. to consider adoption of
a Proposed Resolution of Necessity to Commence Eminent Domain Proceedings to
acquire a portion of APN 005-120-004 from Joe B. Amarant for the Atwater-Merced
Expressway (AME) project.
5.
Set
Public Hearing for November 20, 2012 at 10:00 A.M. to consider adoption of
a Resolution of Necessity to Commence Eminent Domain Proceedings to acquire a
portion of APN 005-110-030 from Michael Angelo and Tracie L. Angelo for the
Atwater-Merced Expressway (AME) project.
6.
Set
Public Hearing for November 20, 2012 at 10:00 A.M. to consider adoption of
a Resolution of Necessity to Commence Eminent Domain Proceedings to acquire a
portion of APN 005-110-038 from Atwater South Investors LP and Atwater South
Investors LLC for the Atwater-Merced Expressway (AME) project.
7.
Set
Public Hearing for November 20, 2012 at 10:00 A.M. to consider adoption of
a Resolution of Necessity to Commence Eminent Domain Proceedings to acquire APN
005-120-012 from Atwater-Merced Veterinary Property Management LLC for the
Atwater-Merced Expressway (AME) project.
8.
Set
Public Hearing for November 20, 2012 at 10:00 A.M. to consider adoption of
a Resolution of Necessity to Commence Eminent Domain Proceedings to acquire a
portion of APN 005-110-020 from Brookfield California Land Holdings LLC for the
Atwater-Merced Expressway (AME) project.
9.
Set
Public Hearing for November 20, 2012 at 10:00 A.M. to consider adoption of
a Resolution of Necessity to Commence Eminent Domain Proceedings to acquire a
portion of APN 005-120-019 from Justin M. Ferrari Separate Property Trust,
Damon A. Ferrari Separate Property Trust, and Paige Ferrari Separate Property
Trust for the Atwater-Merced Expressway (AME) project.
10.
Set
Public Hearing for November 20, 2012 at 10:00 A.M. to consider adoption of
a Resolution of Necessity to Commence Eminent Domain Proceedings to acquire a
portion of APN 005-120-018 from John P. Ferrari and Jeani Ferrari Family Trust,
Gail Ferrari Martin Separate Property Trust, Cal Ferrari Martin Separate
Property Trust, Luigi Ferrari Martin Separate Property Trust, Darrell Digiovanni
Separate Property Trust, and Joann Digiovanni Separate Property Trust for the
Atwater-Merced Expressway (AME) project.
11.
Set
Public Hearing for November 20, 2012 at 10:00 A.M. to consider adoption of
a Resolution of Necessity to Commence Eminent Domain Proceedings to acquire a
portion of APN 005-120-006 from the Foster Family Trust for the Atwater-Merced
Expressway (AME) project.
12.
Set
Public Hearing for November 20, 2012 at 10:00 A.M. to consider adoption of
a Resolution of Necessity to Commence Eminent Domain Proceedings to acquire APN
005-190-012 and 013 from Juan H. Garcia and Janie Garcia for the Atwater-Merced
Expressway (AME) project.
13.
Set
Public Hearing for November 20, 2012 at 10:00 A.M. to consider adoption of
a Resolution of Necessity to Commence Eminent Domain Proceedings to acquire a
portion of APN 005-120-013 from the Pacific Telephone and Telegraph Company for
the Atwater-Merced Expressway (AME) project.
14.
Set
Public Hearing for November 20, 2012 at 10:00 A.M. to consider adoption of
a Resolution of Necessity to Commence Eminent Domain Proceedings to acquire a
portion of APN 005-120-036, 037, 039 and 040 from John K. Haskett Revocable
Living Trust Atwater-Merced Expressway (AME) project.
15.
Set
Public Hearing for November 20, 2012 at 10:00 A.M. to consider adoption of
a Resolution of Necessity to Commence Eminent Domain Proceedings to acquire APN
005-190-022 from Juanita M. Hernandez, Rafael Medina Ibarra, and Monica Magana
Torres for the Atwater-Merced Expressway (AME) project.
16.
Set
Public Hearing for November 20, 2012 at 10:00 A.M. to consider adoption of
a Resolution of Necessity to Commence Eminent Domain Proceedings to acquire a
portion of APN 005-552-011 from John C. Huckaby and Matthew C. Schwark for the
Atwater-Merced Expressway (AME) project.
17.
Set
Public Hearing for November 20, 2012 at 10:00 A.M. to consider adoption of
a Resolution of Necessity to Commence Eminent Domain Proceedings to acquire a
portion of APN 005-120-043 from Mandeep Khatra and Sukdeep Khatra for the
Atwater-Merced Expressway (AME) project.
18.
Set
Public Hearing for November 20, 2012 at 10:00 A.M. to consider adoption of
a Resolution of Necessity to Commence Eminent Domain Proceedings to acquire a
portion of APN 005-120-033 from Peter A. Paley for the Atwater-Merced
Expressway (AME) project.
19.
Set
Public Hearing for November 20, 2012 at 10:00 A.M. to consider adoption of
a Resolution of Necessity to Commence Eminent Domain Proceedings to acquire a
portion of APN 005-110-019 from Joe T. Pedras for the Atwater-Merced Expressway
(AME) project.
20.
Set
Public Hearing for November 20, 2012 at 10:00 A.M. to consider adoption of
a Resolution of Necessity to Commence Eminent Domain Proceedings to acquire APN
005-182-001 from the RWR Trust and Spalding G. Wathen and Della Wathen for the
Atwater-Merced Expressway (AME) project.
21.
Set
Public Hearing for November 20, 2012 at 10:00 A.M. to consider adoption of
a Resolution of Necessity to Commence Eminent Domain Proceedings to acquire APN
005-120-021 from Robert R. Schropp and Bernadette Schropp for the
Atwater-Merced Expressway (AME) project.
22.
Set
Public Hearing for November 20, 2012 at 10:00 A.M. to consider adoption of
a Resolution of Necessity to Commence Eminent Domain Proceedings to acquire APN
005-190-015 from Lawrence M. Souza and Bonnie J. Souza for the Atwater-Merced
Expressway (AME) project.
23.
Set
Public Hearing for November 20, 2012 at 10:00 A.M. to consider adoption of
a Resolution of Necessity to Commence Eminent Domain Proceedings to acquire a
portion of APN 005-110-031 from Brian G. Thompson for the Atwater-Merced
Expressway (AME) project.
24.
Set
Public Hearing for November 20, 2012 at 10:00 A.M. to consider adoption of
a Resolution of Necessity to Commence Eminent Domain Proceedings to acquire a
portion of APN 005-120-030 from George Zambelli for the Atwater-Merced
Expressway (AME) project.
25.
Set
Public Hearing for November 20, 2012 at 10:00 A.M. to consider adoption of
a Resolution of Necessity to Commence Eminent Domain Proceedings to acquire APN
005-190-018 from Antonio August Pereira and Maria F. Pereira for the
Atwater-Merced Expressway (AME) project.
26.
Set
the First Reading for October 16, 2012 at 10 A.M. for a proposed Ordinance
entitled "Regulation of Stormwater" (Amending Merced County Code,
Title 9 and adding Chapter 9.53) and set Second Reading and possible adoption
of proposed Ordinance for October 30, 2012 at 10:00 A.M.
Human Services Agency
27.
Authorize
the Chairman to sign Renewal Contract No. 2006159 to accept the Child Abuse
Treatment grant funding of $170,757 for the period of 10/1/12 to 9/30/13 and
authorize the Chairman and the Auditor to sign the Certificate of Assurance of
Compliance and any related documents.
Health
28.
Approve
Budget Transfer in the amount of $3,400 to replace aging radio equipment at
the Mariposa Emergency Command Center which is the alternate communications
location for Merced County EMS.
29.
Approve
and authorize the Chairman to sign Renewal Contract No. 2006302 with Hammon
Family Properties for First 5 office space located at 676 Loughborough Drive in
Merced.
30.
Approve
and authorize the Chairman to sign Amendment Contract No. 2012038 with
Supplemental Health Care for California Children's Services - Medical Therapy
Program mandated occupational and physical therapy services.
31.
Approve
and authorize the Chairman to sign Amendment Contract No. 2010268 with
California Dept. of Public Health-Office of AIDS Program Master Agreement
increasing the HIV Care program budget and decreasing the HIV Surveillance
budget in FY 12/13.
32.
Approve
and authorize the Chairman to sign Amendment Contract No. 2008171 with
California Forensic Medical Group, Inc. (CFMG) to extend contract to provide
medical services for juvenile hall and medical, dental and mental health
services for the adult correctional facilities.
District Attorney
33.
Approve
Budget Transfer in the amount of $1,000 to increase appropriations based on
grant funding for gang task force. (4/5
Vote Required)
34.
Approve
Budget Transfer in the amount of $10,000 to increase Professional Services
for radio advertising for victims of gangs.
(4/5 Vote Required)
35.
Approve
Budget Transfer in the amount of $1,250 for public advertisements
concerning victims of gang violence.
(4/5 Vote Required)
Assessor/Recorder
36.
Approve
Budget Transfer in the amount of $10,352 to increase Recorder/Clerk Remodel
to include costs for electrical and communication costs. (4/5 Vote Required)
Fire
37.
Approve
Budget Transfer in the amount of $8,328 for costs higher than originally
estimated related to command console and parts.
Workforce Investment
38.
Accept
Modification (10) to Subgrant K074150 adding revised exhibits necessary for
the National Emergency Grant On-the-Job Training program.
Executive Office
39.
Approve
travel request received from District Attorney.
40.
Act
on Claims for Damages received from Demetrius R. Thomas Jr., Ramiro
Fernandez, and Alberto Mora.
REGULAR
CALENDAR
BOARD
ACTION
PUBLIC WORKS
41.
Approve
the Vehicle User Mileage Rates for the 2012-2013 FY.
42.
Contract
with Lea's Demolition for the Demolition of Structures at 3533 E. Olive
Avenue, Merced and the Lake Yosemite Concession Area Project.
HUMAN SERVICES AGENCY
43.
Authorize
Administrative Services Support Services in conjunction with Human Services
Agency to cancel the Request for Proposal #6631 for Home Delivered Meals and
authorize Human Services Agency to examine alternatives for Senior Nutritional
Meals Program.
44.
Approve
and authorize the Chairman to sign Amendment Contract No. 2012132 with the
Community Action Board for a Congregate Meals Program.
45.
Approve
and authorize the Chairman to sign Amendment Contract No. 2012133 with the
Community Action Board for a Home-Delivered Meals Program.
46.
Authorize
Human Services Agency to conduct toy drives on behalf of foster youth and
disadvantaged children from 9/25/12 until 12/31/12; authorize Human Services to
accept donations for the Operations Holidays toy drive; and direct that
deposits related to donations received for Operations Holidays be used for
Operations holidays gift purchases and no other use.
47.
Contract
with California Dept. of Aging for 2012-2016 Area Plan for Senior Services
and authorize the Chairman to sign Transmittal Letter.
SHERIFF
48.
Contract
with California State Dept. of Boating and Waterways for the acceptance of
up to $80,000 of funding to purchase a replacement patrol boat and trailer for
use in safety and enforcement purposes; approve removal of the 1987 Alumaweld
(CF2423XC) patrol boat and Alumaweld (E32506) trailer from Fixed Asset
Inventory list upon receipt of replacement patrol boat and trailer; and approve
the related budget transfer. (4/5 Vote
Required)
DISTRICT ATTORNEY
49.
Accept
the District Attorney's Real Estate Fraud Report.
HEALTH
50.
Adopt
Resolution supporting the Children's Movement of Merced County.
COUNTY COUNSEL
51.
Adopt
Resolution supporting the Eastern District Court's request for the
appointment of additional, permanent judges.
52.
Contract
with West, a Thomson Reuters business for legal print materials.
COMMERCE, AVIATION AND ECONOMIC DEVELOPMENT
53.
Approve
Castle Airport's application for Federal Aviation Administration (FAA)
Military Airport Program (MAP) funding for the specified projects; authorize,
via ratification, Mark Hendrickson, Director of CAED to sign all application
documents; accept the FAA MAP grant offer and authorize the Chairman to execute
all grant acceptance documents and any subsequent documents that are necessary
subject to approval by Counsel; and direct CAED to return to the Board with an
informational item of all actions taken.
EXECUTIVE OFFICE
54.
PULLED.
BOARD OF SUPERVISORS
55.
Authorize
$1,500 of Special Board Project Funds-District Four to be forwarded to the
Church of the Cross for the Love Delhi program landscaping project.
56.
Authorize
$7,000 of Special Board Project Funds-District One to be forwarded to the
Planada School District for assistance with transportation costs for
educational trips for district students.
BOARD
INFORMATION & POSSIBLE ACTION
57.
Fire
re: to inform the Board and residents of
Merced County that
October 7-13, 2012 is National Fire Prevention Week in the United States.
58.
California
Emergency Management Agency re: On
September 5, 2012, the U.S. Dept. of Agriculture granted a Secretarial disaster
designation for the primary counties of Contra Costa, Glenn, Kings, Placer, San
Joaquin, Santa Clara, Stanislaus, and the contiguous counties of Alameda,
Amador, Butte, Calaveras, Colusa, El Dorado, Fresno, Kern, Lake, Marin,
Mariposa, Mendocino, Merced, Monterey, Nevada, Sacramento, San Benito, San Luis
Obispo, San Mateo, Santa Cruz, Solano, Sutter, Tehama, Tulare, Tuolumne, and
Yuba due to agricultural losses caused by drought beginning January 1, 2012,
and continuing.
59.
California
Emergency Management Agency re: The
U.S. Small Business Administration declared the primary counties of Contra
Costa, Glenn, Kings, Placer, San Joaquin, Santa Clara, Stanislaus, and the
contiguous counties of Alameda, Amador, Butte, Calaveras, Colusa, El Dorado,
Fresno, Kern, Lake, Marin, Mariposa, Mendocino, Merced, Monterey, Nevada,
Sacramento, San Benito, San Luis Obispo, San Mateo, Santa Cruz, Solano, Sutter,
Tehama, Tulare, Tuolumne, and Yuba a disaster area as a result of agricultural
losses caused by drought beginning January 1, 2012, and continuing.
POSSIBLE
DIRECTION FOR FUTURE AGENDA ITEMS
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October |
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October 16, 2012 |
Board Meeting |
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October 30, 2012 |
Board Meeting |
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November |
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November 6, 2012 |
Board Meeting |
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November 20, 2012 |
Board Meeting |