BOARD OF SUPERVISORS

Chairman Rodrigo Espinoza, District 1

Lee Lor, District 2

      Daron McDaniel, District 3

Lloyd Pareira, District 4

          Scott Silveira, District 5

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

 

AGENDA

TUESDAY, MARCH 10, 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 - 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): Mondragon, et al. v. County of Merced, et al., Merced Superior Court Case No. 20CV-00636.

 

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-Community and Economic Development pursuant to Government Code Section 54956.8 as follows:

 

Property: Buildings 315, 317, 318, 362, 1015, 1110, 1340, 1356 and a fuel yard located on Castle Commerce Center/ Castle Airport.

Agency Negotiator: Mark Hendrickson, Director, Community and Economic Development Department

Negotiation Parties: Sierra Academy of Aeronautics

Under Negotiation: To request authority to negotiate proposed lease and value.

 

 

CLOSED SESSION:

It is the intention of the Board to meet in Closed Session pursuant to Government Code Section 54957: PUBLIC EMPLOYEE APPOINTMENT, Title:  Director Behavioral Health & Recovery Services/Public Guardian-Conservator

 

 

GOVERNMENT CODE SECTION 54954.2 COMPLIANCE (LATE AGENDA ITEMS)

 

 

10:00 A. M.               INVOCATION/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)

MERCED COUNTY DEPARTMENT OF PUBLIC HEALTH UPDATE – CORONAVIRUS

APPROVAL OF CONSENT AGENDA CALENDAR (ITEMS #1 - 17)

REPORTS/BOARD DIRECTION

County Executive Officer, County Counsel, Board of Supervisors Members

CONSENT CALENDAR (Items # 1-17)

Public Works

1.        Set a Public Hearing for 10:00 a.m. on March 31, 2020 to receive comments on submission of an application for the Community Development Block Grant (CDBG) Planning and Technical Assistance funding.

2.        Approve Budget Transfer in the amount of $10,000 for the Los Banos Library carpeting project.

3.        Approve Budget Transfer in the amount of $15,000 for emergency repair to the commercial water heater at Marie Green.

4.        Approve Budget Transfer in the amount of $17,283 for two solar light projects at Harmony Ranch approved in Fiscal Year 2018/2019. (4/5 Vote Required)

Community and Economic Development

5.        Set a Public Hearing for March 31, 2020 at 10:00 a.m. to consider the amendment of the agricultural preserve with reference to six parcels, resulting from three Convey and Combine Minor Subdivisions and one Property Line Adjustment. The properties are located, respectively, on the north side of W. Bell Drive, 725 feet east of N. Dwight Way in the Atwater area, the east side of S. Arroya Avenue, 700 feet north of Highway 152 in the Dos Palos area, the northeast corner of W. Bell Drive and N. Steinberg Road in the Atwater area, and the southwest corner of Tegner Road and Riverside Avenue in the Hilmar area.

6.        Set a Public Hearing for March 31, 2020 at 10:00 a.m. to receive comments on submission of an application for Community Development Block Grant (CDBG) Code Enforcement Activity funding.

Probation

7.        Approve Budget Transfer in the amount of $6,000 for a new copy machine for the Juvenile Justice Correctional Complex.

8.        Approve Budget Transfer in the amount of $6,000 for a new copy machine for the Los Banos office.

9.        Approve Budget Transfer in the amount of $8,000 for the purchase of a new conference table.

Elections

10.     Approve Budget Transfer in the amount of $9,400 for emergency replacement of Elections warehouse copier.

Executive Office

11.     Act on Claim for Damages submitted by King's Rehabilitation Center, Inc., Alanna Alamo, Belinda Delatorre, Dillan Connolly, Araceli Pacheco, Sharon Davis, Samantha Leezandra Godinez-Lozano and Julie Boothe as recommended by Risk Management and County Counsel.

12.     Approve travel request received from Sheriff's Office as recommended by Executive Office.

Board of Supervisors

13.     Approve minutes for September 10, 2019, September 17, 2019, September 17, 2019 - Final Budget Hearings, October 1, 2019, October 1, 2019 - IHSS, October 22, 2019, November 5, 2019, November 5, 2019 - IHSS, November 19, 2019, November 19, 2019 - Delta Mendota GSA, November 19, 2019 Chowchilla GSA, December 10, 2019, December 10, 2019 Delta-Mendota GSA, December 10, 2019  Chowchilla GSA, December 17, 2019 and December 17, 2019 - IHSS.

Board Recognition

14.     Certificate of Recognition for Graduation from Veterans Treatment Court to Joel Hernandez, presented February 18, 2020.

15.     Certificates of Recognition to various individuals for successful completion of 20 weeks of the Parent Leadership Training Institute and Children Leadership Training Institute in Delhi, California, presented February 13, 2020.

16.     Certificate of Recognition to Bai Xiong Saefong for Grand Opening, presented February 22, 2020.

17.     Certificate of Recognition in Celebration of Charles and Shirley Bauer's 70th Wedding Anniversary on March 2, 2020.

REGULAR CALENDAR

BOARD ACTION

PUBLIC WORKS

18.     1) Ratify the submission of a Local Roadway Safety Plan grant application to Caltrans by the Department of Public Works in the amount of $80,000; 2) Accept a Caltrans Grant (LRSP130) in the amount of $80,000 to be used to develop a Local Roadway Safety Plan (LRSP); 3) Authorize the Department  of Public Works to circulate a Request for Proposal (RFP) to qualified consultants to prepare the LRSP;  and 4) Authorize the Department of Public Works to review and rank the proposals as well as negotiate a contract to be submitted to the Board of Supervisors for consideration upon review by County Counsel and Risk Management.

19.     1) Retainer Agreement with Galvin Preservation Associates, Inc. (GPA), for On-Call Biological Monitoring Services upon approval by County Counsel and Risk Management; 2) Authorize the Chairman of the Board to execute the agreement; and 3) Authorize the Director of Public Works to execute Project Supplement Agreements.

20.     Approve the Grade Crossing Construction and Maintenance Agreement with Burlington Northern Santa Fe (BNSF) Railroad Company to construct an at-grade crossing over railroad right-of-way for the Santa Fe Avenue at Childs Avenue Intersection improvements (U.S. DOT Crossing 028647E); and authorize the Director of Public Works to execute the agreement and related easement documents, amendments, applications, and permits in an amount not to exceed $1,114,397 upon review by County Counsel and Risk Management.

21.     1) Retainer Agreement with DUDEK for On-Call Biological Monitoring services upon approval by County Counsel and Risk Management; 2) Authorize the Chairman of the Board to execute the agreement; and 3) Authorize the Director of Public Works to execute Project Supplement Agreements.

22.     In accordance with Government Code Section 66006, subdivision (b), review and approve the 2018/2019 Fiscal Year Annual Report (Exhibit A) providing the public with information on the various impact fees that were collected to fund the cost of public improvements.

23.     1) Authorize the Department of Public Works to circulate a Request for Qualifications (RFQ) to qualified consultants to provide right-of-way acquisition and appraisal services for County projects; and 2) Authorize the Department of 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 County Counsel and Risk Management.

24.     1) Approve a Retainer Agreement with C&S Engineer, Inc., for on-call airport planning and design services upon approval by County Counsel and Risk Management; 2) Authorize the Chairman to execute the Agreement; and 3) Authorize the Director of Public Works to execute Project Supplement Agreements.

AUDITOR

25.     Accept the audited Merced County Comprehensive Annual Financial Report ended June 30, 2019.

26.     Accept the Single Audit for the fiscal year ended June 30, 2019.

HEALTH

27.     Ratify the submission of an email of intent to accept the Infectious Disease Infrastructure funding opportunity and the submission of grant documents to the California Department of Public Health-Division of Communicable Disease Control for the four year Infectious Disease Infrastructure Grant; and return to the Board for contract approval when awarded this grant.

28.     1) Ratify the non-binding Application for the AAA Child Passenger Safety Donation Program submitted February 26, 2020; and 2) Return to the Board if awarded this grant.

29.     Ratify the Submission of the Agreement Funding Application to the California Department of Public Health Maternal Child and Adolescent Health Division; and return to the Board for contract approval.

HUMAN SERVICES AGENCY

30.     Contract with Aspiranet to provide housing and supportive services to young adults aging out of Foster Care.

31.     Adopt a Resolution authorizing Human Services Agency to receive State and Federal level summary criminal history information for employment, including all Health Insurance Counseling and Advocacy Program volunteers.

32.     1) Adopt a Resolution authorizing the Human Services Agency to apply for and accept the Transitional Housing Program (THP) Award in the amount of $54,400, and authorizing the County Executive Officer, or designee, to enter into, execute, and deliver any and all documents required or deemed necessary or appropriate to be awarded the Transitional Housing Program allocation award, and all amendments thereto; 2) Authorize the Director of Human Services Agency, or designee, to submit a THP Allocation Acceptance in the amount of $54,400 to the State of California Department of Housing and Community Development prior to the March 31, 2020 deadline; 3) Authorize the Director of Human Services Agency, or designee, to execute all documents relating to the grant application and award; 4) Authorize the Human Services Agency to accept any future reallocation of funding for this program; and 5) Approve the associated Budget Transfer. (4/5 Vote Required)

COMMUNITY AND ECONOMIC DEVELOPMENT

33.     1) Approve the Third Amendment to Central Delta-Mendota Region Sustainable Groundwater Management Act (SGMA) Services Activity Agreement, which provides for participating agencies to be able to delegate voting and approval authority to the Central Delta-Mendota Groundwater Sustainability Agency (GSA); 2) Authorize the Chairman to sign Services Memorandum of Agreement (SS-MOU) Participant Consent to Third Amendment to Central-Delta Mendota Region SGMA Services Activity Agreement; 3) Approve delegating the County's voting and approval authority under the SGMA Services Activity Agreement to the Central Delta-Mendota GSA, as authorized in Section 6.4 and 7.1 of the Third Amendment to the Central Delta-Mendota SGMA Services Activity Agreement; and 4) Identify the Water Resources Coordinator as the primary representative and the Deputy Director of Planning as the alternate representative for the County of Merced on the Management Committee.

34.     Contract with KPMG, LLP for the identification of an automotive test facility third-party operator and to leverage private sector investment and capital related to the California AutoTech Testing and Development Center (CATDC) located at the Castle Commerce Center.

FIRE

35.     Memorandum of Understanding between the County of Merced and the Cities of Merced, Atwater, and Los Banos for the Merced County Operational Area Hazardous Materials Response Team.

ADMINISTRATIVE SERVICES

36.     Contract with CentralSquare Technologies to implement the new version of the County's Community Development Software System; and authorize the Director of Administrative Services to sign contract amendments that update the scope of work related to the implementation of the system.

LIBRARY

37.     Authorize the Merced County Library to submit the Community Engagement Sponsorship letters to First 5 Merced County to support Dia Celebrations at all libraries; and direct the County Librarian or designee to return to the Board to accept the sponsorship award.

SHERIFF

38.     Contract with Merced County Office of Education to provide education services to inmates confined in the Merced County Jail facilities.

HUMAN RESOURCES

39.     1) Approve the following departmental personnel actions: Auditor-Controller Budget Unit 11000: Change: 1 Account Clerk I/II (Pos 31) to Account Clerk III. Risk Management Budget Unit 19000: Add: 1 Risk Analyst I/II/III.  Public Defender Budget Unit 20600: Allocate: EH Office Assistant II. Public Health Budget Unit 40000: B/U 40007 Change: 1 Office Assistant I/II (Pos 25) to Office Assistant III; B/U 40031 Change: 1 Office Assistant I/II (Pos 204) to Office Assistant III. Behavioral Health & Recovery Services - Budget Unit 41500: B/U 41501: Add: 2 Licensed Mental Health Worker; B/U 41511: Add: 1 Peer Support Specialist; B/U 41513: Add: 1 Licensed Mental Health Worker; B/U 41534: Add: 1 Peer Support Specialist, Add: 1 Licensed Mental Health Worker; 2) Approve the modifications to the following classification specifications: Automotive Technician, Senior Automotive Technician, Risk Analyst I/II/III, and Staff Services Manager, Chief Deputy Public Defender, Elections Specialist I/II, Elections Technical Analyst; 3) Approve amendments to the Position Allocation Resolution 06-120/A; 4) Approve amendments to the Salary Allocation Resolution 06/120 as outlined, including an administrative revision to replace Director of Human Resources title with Assistant County Executive Officer Human Resources throughout the document; and 5) Approve administrative revisions to replace Director of Human Resources with Assistant County Executive Officer Human Resources in the Human Resources Rules and Regulations 2007-22, the Recruitment and Selection Resolution 2013-92, the Employer-Employee Relations Policy Resolution 91-345 and the Unrepresented Management Resolution 2012-92.

40.     Ratify the Memorandum of Understanding between Merced County and In-Home Supportive Services Public Authority (IHSS) and United Domestic Workers of America (UDW); and authorize the Chairman to sign all related documents.

EXECUTIVE OFFICE

41.     Confirm the appointment of Genevieve Valentine as Director of Behavioral Health and Recovery Services/Public Guardian-Conservator and approve "A" level benefits effective March 30, 2020.

42.     1) Approve the 2020 Legislative Agenda with any revisions as recommended by the Board of Supervisors; 2) Authorize the Chairman and County Executive Officer to periodically provide letters of support or opposition as needed based on any benefit or detriment to the County of Merced; and 3) Direct staff to forward the 2020 Legislative Agenda to Merced County's legislative representative and advocates.

43.     Amend the 2020 Board Meeting Calendar to reflect the following changes: Cancel the Board Meeting of June 30, 2020 and set June 16, 2020 as a Board Meeting Date.

BOARD OF SUPERVISORS

44.     Appoint Forrest Hansen as County Counsel and approve "A" level benefits effective March 30, 2020; and approve the employment agreement with the provisions as included and authorize the Chairman to execute the agreement.

BOARD APPOINTMENTS

45.     Reappoint Barbara G. Heller to the Winton Cemetery District, until February 18, 2024.

46.     Reappoint Robert Haden to serve as a member of the Assessment Appeals Board, until September 4, 2022.

BOARD INFORMATION & POSSIBLE ACTION

         

47.     California Fish and Game Commission re: Notice of receipt of petition from the Center for Biological Diversity and the Turtle Island Restoration Network to list Pacific leatherback sea turtle (Dermochelys coriacea) as an endangered species under the California Endangered Species Act.

         

48.     California Fish and Game Commission re: Notice of Proposed Emergency Action regarding the 2020 Recreational Purple Sea Urchin Emergency Rule.

         

49.     Merced County Mosquito Abatement District re:  General Manager's Report for January 21 through February 18, 2020.

POSSIBLE DIRECTION FOR FUTURE AGENDA ITEMS

 

March

            March 31, 2020

            Board Meeting

April

            April 14, 2020

            Board Meeting

            April 28, 2020

            Board Meeting