BOARD OF SUPERVISORS

   Rodrigo Espinoza, District 1

     Lee Lor, District 2

      Daron McDaniel, District 3

Chairman Lloyd Pareira, District 4

          Scott Silveira, District 5

                                                                                                                                                      Phone: (209) 385-7366 Fax: (209) 726-7977

 

AGENDA

TUESDAY, JANUARY 29, 2019

 

Closed Session – 9:00 a.m.

Regular Meeting – 10:00 a.m.

 

Merced County Administration Building

2222 M Street

Board Room, Third Floor

Merced CA 95340

www.countyofmerced.com

 

 

The Board of Supervisors welcomes you to its meetings which are regularly held on a scheduled Tuesday and your interest is encouraged and appreciated.

 

PUBLIC COMMENT PERIOD: Public opportunity to speak on any matter of public interest within the Board’s jurisdiction including items on the Boards’ agenda, except for those items specifically scheduled as public hearings (testimony limited to three (3) minutes per person).

 

The Agenda is divided into three sections:

     •     CONSENT CALENDAR: These matters include routine financial and administrative action and usually are approved by a single vote.

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

     •     REGULAR CALENDAR: These items include significant policy and administrative actions. Immediately after approval of the   

           CONSENT CALENDAR, if the time of the hearing of SCHEDULED ITEMS has not arrived, the REGUALR CALENDAR will be considered.

 

CLOSED SESSION: Is the portion of the meeting conducted in private without the attendance of the public or press to discuss certain confidential matters specifically permitted by the Brown Act. The public will be provided an opportunity to comment on any matter to be considered in closed session prior to the Board adjourning into the closed session.

 

ANY MEMBER OF THE AUDIENCE DESIRING TO ADDRESS THE BOARD ON A MATTER ON THE AGENDA:  Please raise your hand or step to the podium at the time the item is announced by the Board Chairperson. In order that interested parties have an opportunity to speak, any person addressing the Board will be limited to a maximum of three (3) minutes.

 

BOARD AGENDA AND MINUTES: Board agendas, minutes, and copies of items to be considered by the Board of Supervisors are posted on the Internet at least 72 hours preceding a Tuesday meeting at the following website www.countyofmerced.com/boardagenda/ 

 

AUDIO/VIDEO BROADCAST: All Board meetings are normally broadcast live and replayed on local cable television. A list of cable channels and broadcast times are available at the following website: www.countyofmerced.com

 

REASONABLE ACCOMMODATIONS: 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. Please address your written request 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.

 

Spanish and Hmong interpreters are available.

 

Interpretes de espanol y hmong estan disponibles.

 

Peb muaj tug paab txhais lug Mev hab Hmoob.

 

SCHEDULED ITEMS

Closed sessions

9:00 A. M.              THE PUBLIC IS INVITED TO SPEAK ON ANY ITEM ON THE AGENDA-

TESTIMONY IS LIMITED TO THREE MINUTES PER PERSON

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(d)(1): Erin Ristine v. County of Merced, Workers Compensation Appeals Board Case Nos. ADJ9010294, ADJ9817538, ADJ4640852, ADJ10063163, ADJ10063378, ADJ9010294, ADJ3240030, and ADJ636213

GOVERNMENT CODE SECTION 54954.2 COMPLIANCE (LATE AGENDA ITEMS)

10:00 A. M.            PLEDGE OF ALLEGIANCE/INVOCATION By Jonae Pistoresi, Director of Coffee Break Ministry at Yosemite Church

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 three minutes per person)

APPROVAL OF CONSENT AGENDA CALENDAR (Items #1 - 13)

SCHEDULED ITEM/PUBLIC HEARING:

PUBLIC WORKS - SECOND READING - PROPOSED ORDINANCE

Conduct Second Reading of a proposed ordinance amending the refuse service fees, which increases refuse service fees by 4.27% for County Solid Waste Franchise Areas 1 through 5 in unincorporated areas of Merced County north of Highway 140 (Amends Ordinance No. 1957 and Chapter 5.90 of the Merced County Code).

RECOMMENDATION:

1) Conduct a second reading of a proposed ordinance amending the refuse service fees, which increases refuse service fees by 4.27% for County Solid Waste Franchise Areas 1 through 5 in unincorporated areas of Merced County north of Highway 140; 2) Waive further reading of the proposed Ordinance; and, 3) Adopt the Ordinance (Amends Ordinance No. 1957 and Chapter 5.90 of the Merced County Code).

PUBLIC WORKS - PUBLIC HEARING

To consider General Vacation of Fields Road in the Snelling Area and adopt the Resolution.

RECOMMENDATION:

1) Open Public Hearing and receive public comments; 2) Close Public Hearing; 3) Adopt the Resolution authorizing the General Vacation of Fields Road, from Olsen Road to La Grange Road (roughly 2.3 miles), in the Snelling area, which the Community and Economic Development Department has determined is exempt from CEQA under section 15301, subdivision (c), of the CEQA guidelines; and, 4) Direct the Clerk of the Board to record the Resolution.

Session Items (Placeholder Section)

REPORTS/BOARD DIRECTION

County Executive Officer, County Counsel, Board of Supervisors Members

CONSENT CALENDAR (Items # 1-13)

Public Works

1.         Approve and authorize the Chairman to sign Amendment Contract No. 2005007 with Mark Thomas & Company for additional design services on Segment 3 of the Campus Parkway related to Bear Creek bridge foundation redesign.

Health

2.         Approve and authorize the Chairman to sign Amendment Contract No. 2018018 with Intrepid Ascent for Public Health Clinic and EMS Department Electronic System implementation or upgrade.

Community and Economic Development

3.         Approve and authorize the Chairman to sign Amendment Contract No. 2013260 with LRC Engineering, LLC for lease agreement for property at Castle Commerce Center, increasing leasehold from 91.5 acres to 105 acres and increasing monthly rent by $5,313.47.  (4/5 Vote Required)

Workforce Investment

4.         Accept Modification 5 to Subgrant K9110025 (Amendment Contract No. 2018218) with State of California Employment Development Dept. incorporating National Dislocated Worker Grant (NDWG) funds for the 2018 Opioid Crisis project in grant code 1139; and approve the related budget transfer.  (4/5 Vote Required)

Probation

5.         Approve Budget Transfer in the amount of $8,600 to cover costs of accrued sales tax for Metrasens detection system funded by AB 109.  (4/5 Vote Required)

6.         Approve and authorize Amendment Contract No. 2017243 with Merced County Rescue Mission for Transitional Housing services for Probation clients.

Fire

7.         Approve and authorize the Chairman to sign Amendment Contract No. 2017096 with Aptim Environmental & Infrastructure, Inc. for disaster recovery consulting services.

Executive Office

8.         Approve travel request received from Auditor, Human Resources and Administrative Services as recommended by Executive Office.

9.         Act on Claims for Damages submitted by Jonny Taylor Espinoza, Luis Navarro, Emily Anderson and Milman Barnes as recommended by Risk Management and County Counsel.

Board Recognition

10.      Authorize Certificates of Recognition to various individuals from Hilmar High School for winning the 2018 State Football Championship for Division 6 AA.

11.      Authorize Certificates of Recognition to various individuals from Stone Ridge Christian High School for winning the Nor-Cal Division 6 Volleyball Championship.

12.      Authorize Proclamation for "School Choice Week" for the week of January 20-26, 2019 in Merced County.

13.      Authorize Proclamation for "National Slavery and Human Trafficking Prevention Month" for the month of January 2019 in Merced County.

REGULAR CALENDAR

BOARD ACTION

PUBLIC WORKS

14.      1) Consider the proposed Mitigated Negative Declaration for the Quinley Avenue over Black Rascal Creek Bridge Replacement Project and comments received during the public review process and find that there is no substantial evidence that the project will have a significant effect on the environment; and 2) Adopt the Mitigated Negative Declaration and Mitigation Monitoring Reporting Program.

15.      1) Authorize the Dept. of Public Works to circulate a Request for Qualifications (RFQ) to qualified consultants to provide biological monitoring services for County Projects; and 2) Authorize Public Works to review and rank the statements of qualifications as well as negotiate a retainer contract to be submitted to the Board for consideration upon review by Counsel and Risk Management.

16.      1) Authorize Public Works to advertise and conduct the Public Bid Openings for Job Order Contracts JOC-008, JOC-009, JOC-010, and JOC-011, all of which carry minimum values of $25,000 and maximum values of $1,500,000, for the completion of Board approved Capital Improvement Projects; 2) Authorize the Director of Public Works to award the Job Order Contracts to the lowest responsible bidders; 3) Authorize the Chairman to execute the Job Order Contracts after final negotiation of the Contract terms and conditions and following review by County Counsel and Risk Management; and 4) Direct Public Works to return to the Board with an information item describing all actions taken.

17.      Contract with Marvin A. Meyers and Patricia A. Meyers, Trustees of the Marvin and Patricia Meyers Living Trust (Bank), for acquisition of four species credits of Swainson's hawk at a cost of $46,000 for the Dickenson Ferry Road over Bear Creek Bridge Replacement Project; 2) Authorize the Director of Public Works, or his designee, to execute the subject contract.

AG. COMMISSIONER

18.      Contract with California Dept. of Parks and Recreation/Division of Boating and Waterways for floating aquatic vegetation control; and adopt the resolution.

HEALTH

19.      Approve the no-cost Memorandum of Understanding with Madera County Public Health Dept. to provide utilization review services for physical and occupational therapy.

20.      Contract with Robert Dimand, M.D. to provide Physician Services for the California Children's Services Program.

21.      Contract with Lifeline Community Development Corp. for Promotion of Healthy Food & Physical Activity.

22.      Ratify the contract with Kenneth D. Bird, M.D. to serve as Interim Health Officer beginning December 24, 2018 through June 30, 2020; and approve the related budget transfer.

BEHAVIORAL HEALTH AND RECOVERY SERVICES

23.      1) Adopt the resolution authorizing the submission to the Mental Health Services Oversight and Accountability Commission the Fiscal Year 2018-2019 Mental Health Services Act Annual Update, including all comments and any updates from the November 6, 2018 Behavioral Health Board Public Hearing; 2) Authorize the Auditor-Controller to sign the necessary documents in this Annual Update certifying fiscal accountability of the Mental Health Services Act Program; 3) Authorize the Director of Behavioral Health and Recovery Services to sign all necessary documents for submission; 4) Approve the following departmental personnel actions: Add 1 Mental Health Clinician I/II, Budget Unit 41500/41513, Class 5731/5732, Range 73.4/77.4, and Add 1 Mental Health Clinician I/II, Budget Unit 41517, Class 5731/5732, Range 73.4/77.4; 5) Approve amendments to the Position Allocation Resolution; and 6) Approve the related budget transfer. (4/5 Vote Required)

24.      Authorize Administrative Services on behalf of Behavioral Health and Recovery Services to develop and release a Request for Proposal to secure qualified vendors to provide Prevention and Early Intervention services to the County, select the most responsive bidders, to negotiate agreements; and return to the Board for final agreement.

25.      Retroactively approve Interdepartmental Agreement with Human Services Agency/Area Agency on Aging for Older Adult System of Care Services.

HUMAN SERVICES AGENCY

26.      Authorize Human Services Agency on behalf of Area Adults and Aged Services to donate three Vehicles to Merced County Rescue Mission.

27.      Authorize the Chairman to sign the Medi-Cal Certificate of Compliance to apply and qualify for the current fiscal year subvention funds for Veterans Services.

28.      Authorize the Chairman to sign the Subvention Certificate of Compliance to apply and qualify for the current fiscal year subvention funds for Veteran Services.

29.      Authorize Administrative Services in conjunction with Human Services Agency, to prepare and release a Request for Proposal for Child and Family meeting services, to select the most responsive provider for such services, and negotiate an agreement; and return to the Board with the negotiated agreement upon review by County Counsel.

COMMUNITY AND ECONOMIC DEVELOPMENT

30.      Authorize Administrative Services in conjunction with Community and Economic Development (CED), to prepare and release a request for proposal (RFP) for housing program consulting services covering grant writing, administration, and implementation; and authorize CED to select the most qualified firm to fulfill the requirements outlined in the RFP; and return to the Board for contract award and approval.

31.      Reappoint Jeff Bergeron as the Eastern White Area Representative and Rick Drayer as the alternate to the Merced Subbasin Groundwater Sustainability Agency governing board for a four year term.

WORKFORCE INVESTMENT

32.      Authorize Administrative Services in conjunction with Workforce Investment, to prepare and release a Request for Proposal (RFP) for third party monitoring, to select the most responsive provider, and negotiate an agreement; and return to the Board with a prepared agreement, upon review by County Counsel and Risk Management for final approval.

33.      Contract with California Central Valley Economic Development Corp. to provide high-level business engagement in the region.

ELECTIONS

34.      Contract with Secretary of State for reimbursement of costs related to HAVA Cyber security and infrastructure related to VoteCal.

TREASURER/TAX COLLECTOR

35.      Accept the 2019 Investment Policy, with no revisions; and accept the 2019 Treasury Oversight Committee Directive, with no revisions.

PROBATION

36.      Authorize Administrative Services in conjunction with Probation, to prepare and release a Request for Proposal (RFP) for securing the services of a qualified contractor to provide a Jail Re-Entry Program to incarcerated adult clients and return to the Board for contract approval.

37.      Contract with BECK Institute for Cognitive Behavior Therapy Workshop.

SHERIFF

38.      Authorize Administrative Services in conjunction with the Sheriff's Office, to initiate the Request for Proposal (RFP) for Jail Ministry Services at the Sheriff's Office; and select the most responsive respondent and return to the Board for contract approval.

39.      Approve the following Departmental Personnel actions; Change two Correctional Sergeant/Correctional Senior Sergeant (Pos 7, 17), Budget Unit 23000, Class 2336/7518, Range 73.5/74.5 to Sheriff Sergeant/Sheriff Senior Sergeant, Class 6913/7517, Range 76.5/77.5; and approve the amendment to the Position Allocation Resolution 06-120/A.

HUMAN RESOURCES

40.      Approve the amendments to the Salary Allocation Resolution 06-120 and amendments to Human Resources Rules and Regulations Resolution 2007-22 to designate the Deputy County Librarian position to at-will; and allocate one Extra Help Special Projects Coordinator, class 0468, paid up to $40.00/hr, to Budget Unit 10100, and approve amendments to the Position Allocation Resolution 06-120/A.

EXECUTIVE OFFICE

41.      1) Decline the option to extend Contract No. 2016201 with George Hills Company for two additional one year periods and let the current contract expire on 9/30/2019; 2) Authorize Administrative Services in conjunction with Risk Management, to prepare and release a Request for Proposal (RFP) for General and Auto Liability claims Third Party Administrator services; and 3) Based on the results of the RFP, authorize staff to select the most responsive provider for such services, negotiate an agreement, and return to the Board for contract approval.

42.      Reappoint David A. Robinson as the County Agricultural Commissioner/Sealer of Weights & Measures for a four-year term effective February 18, 2019.

43.      Contract with Merced County Community Action Agency for navigation center services; and approve the related budget transfer.  (4/5 Vote Required)

44.      Authorize the submission of the Opt-In letter to the State of California with the intent to enter into an Outreach Agreement as set forth by the California Complete Count Census 2020 Office, and authorize the Chairman to sign all necessary documents; and adopt the Resolution authorizing the Opt-in letter.

BOARD OF SUPERVISORS

45.      1) Accept recommendations from Winton School District, Le Grand Union High School District, Planada Elementary School District, Merced County Office of Education, Country Club Water District, Turner Island Water District, Celeste Water District, South Dos Palos Water District, Laguna Water District, Gustine Drainage District and Countywide Oversight Board as submitted with no amendments required, and authorize notification to the agencies of action taken. 2) Direct the Clerk of the Board to notify the Enforcement Division of the California FPPC those agencies who did not respond to the Biennial Review request or submit required COI amendments.

BOARD APPOINTMENTS

46.      Reappoint Eldred Pires, Larry Amarante, and Paul Lopes to serve as members of the Gustine Drainage District, until December 2, 2022.

47.      Appoint Rosa Nunez as a Consumer-BOS Representative to serve on the Merced County Collaborative for Children and Families, until June 30, 2020.

48.      Reappoint James Pacheco to serve as a member of the Le Grand Municipal Advisory Council, until December 7, 2020.

49.      Appoint Guadalupe Barriga to serve as a member of the Planada Municipal Advisory Council, filling an unexpired term until March 31, 2021 and appoint Samuel Arellano to serve, filling an unexpired term until March 31, 2019.

50.      Appoint Baby "Veia" Hensley to serve as a member of the Library Advisory Commission, representing District 1, until August 31, 2021 and appoint Zachery D. Ramos, representing District 4 until August 31, 2019.

51.      Appoint John Chavez to serve as a member of the Plainsburg Cemetery District until July 20, 2022 and reappoint Kenneth Mc Pherson and Warren Brown to serve until July 20, 2022.

BOARD INFORMATION & POSSIBLE ACTION

52.      Public Works re: Contract No. 300-1221 for On-Call Paving Equipment and Labor Services was awarded to George Reed, Inc., Modesto, CA in the amount of $5,000,000.

53.      Elections Dept. re: Statement of Vote with the Certified Election Results for the Amsterdam Water District Formation Election held on December 4, 2018.

54.      Mosquito Abatement District re: General Managers Report for October 16 - November 20, 2018 and November 20 - December 18, 2018.

55.      Fish and Game Commission re: Notice of Change of Date and Announcement of Location of Adoption Hearing for Section 27.65, Filleting of California Sheephead on Vessels and Section 29.06, Recreational Take of Purple Sea Urchin.

56.      Fish and Game Commission re: Notice of Proposed Regulatory Action relative to amending sections 362, 364, 364.1 and 708.6, Title 14, California Code of Regulations, relating to mammal hunting regulations for the 2019-2020 season, which was published in the California Regulatory Notice Register on January 11, 2019.

57.      Fish and Game Commission re: Notice of Proposed Regulatory action relative to amending Section 354, Title 14, California Code of Regulations, relating to archery equipment and crossbow regulations, which was published in the California Regulatory Notice Register on January 11, 2019.

POSSIBLE DIRECTION FOR FUTURE AGENDA ITEMS

February

            February 5, 2019

            Board Meeting

            February 26, 2019

            Board Meeting

March

            March 12, 2019

            Board Meeting

            March 26, 2019

            Board Meeting