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 14, 2020

 

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 Board’s 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 REGULAR 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:      

It is the intention of the Board to meet in Closed Session concerning Existing Litigation pursuant to Government Code Section 54956.9(d)(1): 1) AT&T Mobility LLC, et al. v. County of Merced, Merced Superior Court Case No. 19CV-05028; 2) Garcia v. County of Merced, et al., Merced Superior Court Case No. 17CV-02567; and 3) County of Merced, et al v. Amerisourcebergen Drug Corporation et al.; Case No. 1:18-op-45643-DAP (1:17-MD-2804)

 

 

 

GOVERNMENT CODE SECTION 54954.2 COMPLIANCE (LATE AGENDA ITEMS)

 

 

10:00 A. M.               INVOCATION led by Hub Walsh, Creekside Evangelical Free Church/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 three minutes per person)

APPROVAL OF CONSENT AGENDA CALENDAR (ITEMS #1 - 9)

PRESENTATION:

Nomination of Chairman and Vice Chairman for the Year 2020

 

 

 

 

 

REPORTS/BOARD DIRECTION

County Executive Officer, County Counsel, Board of Supervisors Members

CONSENT CALENDAR (Items # 1-9)

Health

1.        Set a Public Hearing for January 28, 2020 to consider the Report of Demolition of the structures located at 13638 Volta Road, Los Banos, CA 93635 (APN: 081-060-021) and to consider authorizing the Auditor-Controller and Tax Collector to assess the cost of demolition for a total amount of $30,962.21, on the Assessment Roll as a Special Assessment and a lien on the property, pursuant to the Uniform Housing Code Section 1605.3, or obligate the property owner to pay all costs of demolition, pursuant to the Uniform Housing Code Section 1605.2.

2.        1) Retroactively approve Amendment Contract No. 2016190 with Community Partners for the California Accountable Communities for Health Initiative increasing the term from September 1, 2017 through August 31, 2019 to September 1, 2017 through August 31, 2021, for a total contract amount of $800,000; and 2) Authorize the Director of Public Health or designee to electronically sign all copies of the grant agreement.

Workforce Investment

3.        Accept Modification two (2) to Subgrant AA011015 (Amendment Contract No. 2019275) incorporating Second Round Workforce Innovation and Opportunity Act (WIOA) Formula funding under grant codes 202, 293, 502, and 541 for Program Year 2019-2020 in the amount of $4,993,797 to provide employment related services to adults and dislocated workers in Merced County.

4.        Approve and authorize the Chairman to sign Amendment Contract No. 2019259 with the Arbor E&T, LLC dba ResCare Workforce Services to provide Workforce Innovation and Opportunity Act (WIOA) adult and dislocated workers services.

Executive Office

5.        Act on Claim for Damages submitted by Miguel Rodriguez Cortez as recommended by Risk Management and County Counsel.

Board Recognition

6.        Certificate of Recognition to Oscar Eduardo Medrano Flores for receiving his Bachelor of Science in Bio Engineering from the University of California, Merced presented December 13, 2019.

7.        Certificates of Recognition for the Executive Leadership Program E3 Workgroup's contributions to the development of the Merced County Mission, Vision, and Value Statements to Mary Ellen Arana, Lacey Kiriakou, David Mirrione, Sommer Moniz, and Dave Robinson, presented December 17, 2019.

8.        Certificates of Recognition for graduation from Veterans Treatment Court to Tamil Sterlin Blackshire, John Jackson, Scott Allen Mentz and John Nicolas Rea, presented December 17, 2019.

9.        Certificate of Recognition for graduation from Merced County Drug Treatment Court to Maria Hernandez, presented December 27, 2019.

REGULAR CALENDAR

BOARD ACTION

PUBLIC WORKS

10.     1) Find that an approximately 14,745 square feet portion of County-owned real property located west of the intersection of Coffee and Mission Avenue in Merced County, is not necessary for current or future needs of the County and that the estimated value is less than twenty five thousand dollars ($25,000); and 2) Approve the Real Estate Sale Agreement with Shemoil Moradzadeh to sell surplus property located west of the intersection of Coffee and Mission Avenue for $10,000, and authorize the Chairman to sign the Sale Agreement and Quitclaim Deed.

11.     Pursuant to Public Contract Code section 22050, determine that an emergency exists and there is a need to continue the repairs to the Atwater Veterans Hall roof without giving notice to bid the project (4/5 vote required).

12.     1) Find the project is exempt from California Environmental Quality Act (CEQA) review under Government Code section 65660, Subdivision (b), and Section 15268 of the CEQA guidelines; 2) Approve the reduction in size of the project from 34,000 S.F. to approximately 15,000 S.F.; 3) Establish the project budget at $5,000,000, contingent upon approval of the related budget transfers and award of Central California Alliance for Health Grant; 4) Confirm the project site address as 1411 "B" Street (East 13th and "B" Street); 5) Direct staff to begin plans and design work for the project; 6) Direct staff to return to the Board for consideration/approval of project design and operations; 7) Authorize the Director of Public Works to negotiate and execute, without engaging in a competitive process, and after review by County Counsel, Purchasing and Risk, a contract with CRATE in an amount not to exceed $2,750,000 for the purchase of approximately 45 modified shipping containers for use in the creation of the Navigation Center and Homeless Shelter capable of housing at least 75 people in dormitory style accommodations; and 8) Approve related budget transfers. (4/5 Vote Required)

13.     1) Authorize the Director of Public Works or his designee to electronically submit a $2,500,000 grant application to the Central California Alliance for Health prior to the January 21, 2020 deadline; 2) Authorize match of $2,500,000 from Senate Bill 850 allocation to the County of Merced which has already been received; 3) Authorize the Director of Public Works to sign all documents relating to the grant application; and 4) Direct Public Works to return to the Board with the application results and to accept award.

AG COMMISSIONER

14.     Retroactive approval of Contract with California Department of Food and Agriculture (CDFA) for Insect Pest Detection trapping activities and adopt Resolution.

HEALTH

15.     1) Ratify the submission of a voluntary non-binding letter of intent to participate in the Adolescent Family Life Program; 2) Ratify the submission of an application to the California Department of Public Health/Maternal, Child and Adolescent Health Division for the Adolescent Family Life Program; 3) Approve Director of Public Health to sign the application cover page; and 4) Return to the Board for contract approval if awarded.

16.     1) Terminate the current Contract No. 2015006 Child Health and Disability Program Memorandum of Understanding with the Central California Alliance for Health; 2) Approve the no-cost Memorandum of Understanding between Central California Alliance for Health and Merced County for coordination of Child Health and Disability Primary Care Services for a two year term; and 3) Return to the Board with an informational item prior to renewal.

17.     1) Approve submission of an application to the California Department of Health and Human Services Administration for the three (3) year Community Living Grant program; 2) Ratify the signing of the non-binding letter of intent by the Director of Public Health to participate in the Administration for Community Living Grant Program; and 3) Approve submittal of the grant application and return to the Board if awarded this grant.

18.     1) Ratify the Grant Agreement with the California Endowment for the Health Equity Project to increase awareness of the social determinants of health; 2) Authorize the Director of Public Health or designee to electronically sign all copies of the Grant Agreement; and 3) Approve related Budget Transfer. (4/5 Vote Required)

19.     1) Ratify the submission of a voluntary non-binding letter of intent to participate in the Project Empowerment funding opportunity; 2) Ratify the submission of an application to the California Department of Public Health - Office of AIDS for the four year Project Empowerment Grant; 3) Approve the Director of Public Health to sign the application cover page; and 4) Return to the Board for contract approval if awarded this grant.

BEHAVIORAL HEALTH AND RECOVERY SERVICES

20.     1) Rescind the action taken by the Board on October 22, 2019 which approved Standard Agreement No. 18-95256 due to incorrect information contained within the contract provided by the California Department of Health Care Services; 2) Approve and authorize the Chairman to sign a new Standard Agreement No 18-95256, including all related contract documents, with corrected information and revised Exhibit B, retroactive for the term of July 1, 2018 to June 30, 2021 with the California Department of Health Care Services for the zero-dollar Performance Contract; and 3) Adopt the Resolution.

21.     Contract with Merced Rescue Mission for homeless services and approve related budget transfer. (4/5 Vote Required)

22.     Approve and adopt the Behavioral Health Advisory Board Bylaws, as approved by the Behavioral Health Advisory Board at their August 6, 2019 meeting.

HUMAN SERVICES AGENCY

23.     Contract with the California Department of Health Care Services for Medi-Cal Health Enrollment Navigators Project program and authorize the Department Head to sign the contract.

DISTRICT ATTORNEY

24.     1) Adopt a Resolution authorizing the District Attorney's participation in the County Victim Services (XC) Program, authorizing the District Attorney to execute the grant award agreement and any modifications, amendments and extensions, and authorizing the District Attorney and Chairman to sign the Certification of Assurance of Compliance; 2) Ratify the submission of the County Victim Services (XC) Program proposal in the amount of $261,508 for calendar year 2020 by the District Attorney; 3) Approve and authorize the Chairman to sign the associated contract with Court Appointed Special Advocates (CASA) of Merced County for foster youth services in the amount of $176,700 for the period January 1, 2020 through December 31, 2020; and 4) Approve related budget transfer. (4/5 Vote Required)

LIBRARY

25.     1) Authorize the Merced County Librarian or her designee to electronically submit a $250,000 grant application to the California State Library prior to the January 20, 2020 deadline; 2) Authorize the Merced County Librarian to sign all documents relating to the grant; 3) Authorize match of $50,000 from Merced County Trust Account #02958; and 4) Direct the Merced County Librarian to return to the Board with application results and to accept award.

PROBATION

26.     Memorandum of Understanding with California State University Stanislaus allowing university students to participate in internships with the Merced County Probation Department for a one-year period, renewing automatically for up to four years commencing when the MOU is fully executed.

ELECTIONS

27.     1) Adopt the resolution to call for and consolidate the Presidential Primary Election on March 3, 2020 with: County Elected offices and the listed City and School District Measure elections; and 2) Authorize the Elections Division of the Registrar of Voters/Elections Department to procure and furnish those election services requested by each entity as more fully set forth in their Resolutions, and to submit a cost bill to each entity for reimbursement of the election services provided to them.

FIRE

28.     Approve and authorize the Chairman to sign the five-year agreement, 2019/2020 through 2023/2024 academic school years, which replaces the previous agreement with the District that the County executed on November 6, 2018, providing that the Merced County Fire Department will provide instruction, training, facilities, equipment and other services for firefighter training to the Merced College District, with the District providing reimbursement to the County in an amount not to exceed $46,000 per year.

COUNTY COUNSEL

29.     Deny the Claim for Refund of Property Taxes claim submitted by Pacific Bell for the amount of $154,352 levied for the fiscal year of 2015-2016 and authorize the Chairman to execute and direct the Clerk to send the Denial of Claim.

30.     Deny the Claim for Refund of Property Taxes claim submitted by AT&T Mobility, LLC for the amount of $50,887 levied for the fiscal year of 2015-2016 and authorize the Chairman to execute and direct the Clerk to send the Denial of Claim.

31.     Deny the Claim for Refund of Property Taxes claim submitted by T-Mobile West, LLC for the amount of $13,202.37 levied for the fiscal year of 2015-2016 and authorize the Chairman to execute and direct the Clerk to send the Denial of Claim.

32.     Adopt resolution to amend Resolution No. 2012-121 at Sections 2 and 4 to decrease the required membership of the Planada Municipal Advisory Council from seven (7) to five (5) members, and to re-establish the staggered terms in such a manner to reflect the decreased membership totals. Guadalupe Barriga's current term shall be extended two years expiring March 31, 2023. Samuel Arellano and John Chavez's current terms shall be extended two years expiring on March 31, 2025.

SHERIFF

33.     Contract with Superior Court of California for Court Security Services.

BOARD OF SUPERVISORS

34.     Authorize $2,000 of District Two's District Special Project Funds to be forwarded to Martin Luther King Jr. Committee in care of Merced County Arts Council. Martin Luther King Jr. Committee in support of the Martin Luther King, Jr. Multicultural Event; and approve related budget transfer.

BOARD APPOINTMENTS

35.     Appoint Skye Emery as the Board of Supervisor's ex officio in place of the County Board Chair and Sara Rosenthal as an additional trustee to the Law Library Board of Trustees for 2020.

36.     Appoint Satvir Arias to the Merced County Workforce Development Board as stated in Unemployment Insurance Code, Section 14202(a)(2) representative to fill an open seat as a Business Representative until June 30, 2023.

37.     Appoint Lynda Munoz to the Merced County Workforce Development Board as stated in Unemployment Insurance Code, Section 14202(a)(2) representative to fill an open seat as a Business Representative until June 30, 2023.

38.     Pulled

39.     Reappoint Ron Alberti to serve as a member of the Merced County Mosquito Abatement District representing County Western Rural to either a two-year or four-year term.

BOARD INFORMATION & POSSIBLE ACTION

         

40.     Public Works re: JOC-007 awarded to Heritage General, JOC-008 awarded to T&S West, JOC-009 awarded to David Marvulli Construction, and JOC-010 awarded to T&S West, each for an amount Not-to-Exceed $1,000,000 for Building Construction Remodeling, Repairs and Maintenance Services. These contracts are effective for twelve months from October 7, 2019 through October 6, 2020.

         

41.     Fish and Game Commission re: Notice of Proposed Regulatory Action relative to sections 360, 361, 362, 364 and 364.1, Title 14, California Code of Regulations, relating to Mammal hunting season 2020-2021.

         

42.     Fish and Game Commission re: Notice of Proposed Regulatory Action relative to sections 502 and 507, Title 14, California Code of Regulations, relating to Waterfowl hunting season 2020-2021.

         

43.     Mosquito Abatement District re: General Manager's Report for November 19 through December 17, 2019.

         

44.     Board Travel Summaries for period of December 2, 2019 through December 6, 2019 pursuant to Government Code Section 53232.3(d).

         

45.     United States Dept. of Interior-Bureau of Reclamation re: Petitions for Temporary Transfer - License 1986 and Permits 11885, 11886, and 11887 (Applications 23, 234, 1465, and 5638), Friant Division, Central Valley Project, California.

POSSIBLE DIRECTION FOR FUTURE AGENDA ITEMS

 

January

            January 28, 2020

            Board Meeting

February

            February 11, 2020

            Board Meeting

            February 25, 2020

            Board Meeting