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 31, 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

 

 

Important Notice Regarding COVID-19

Based on guidance from the California Department of Public Health and the California Governor’s Office, in order to minimize the spread of the COVID 19 virus, Board Chambers will be closed to the public during the Merced County Board of Supervisors meetings. The following alternatives are available to members of the public to watch these meetings and provide comments to the Board before and during the meeting:

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: http://www.co.merced.ca.us/1581/Comcast-Ch-96-Broadcast

Live stream of the Board of Supervisors meetings at https://www.facebook.com/MercedCounty/ or https://www.co.merced.ca.us/2206/Board-of-Supervisors-Meetings.

The Agenda is divided into three sections:

PUBLIC COMMENT: If you wish to make either a general public comment for items not on the day’s agenda or to comment on a specific agenda item, please submit your comment, limited to 250 words or less, via email. To ensure your comments are read into the record, we encourage the public to please submit by 5:00pm on the Monday prior to the Board meeting to the Clerk of the Board at publiccomments@countyofmerced.com. Every effort will be made to read all comments received prior to the Board meeting into the record, but some comments may not be read due to time limitations.

In an effort to assist the Clerk in identifying the agenda item relating to your public comment please indicate in the Subject Line, the meeting body (i.e. Board of Supervisors Agenda) and item number (i.e. Item No. 10). If you wish to do so, please identify yourself in the email.  Email addresses will not be read into the record of the meeting.  All comments received during the meeting will be made part of the record and will not be read at the Board meeting due to time limitations. Comments made on Facebook are not considered part of the official record and will not be shared with the Board.

PUBLIC HEARINGS: Public comment during public hearings will be taken in real time via email.  Once the public hearing is opened, the Board of Supervisors will pause the meeting for ten minutes in order to receive emails directed at the public hearing (up to 250 words) and will read comments into the record after resuming the meeting, as time permits.   Please indicate that comments are for a particular public hearing by putting “Public Hearing” in the subject line of the email and the title of the public hearing. 

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 may comment on any matter to be considered for closed session using the email procedure set forth above.  As set forth above, if public comment concerns a closed session item, please include the title of the item in the subject line.

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.

REASONABLE ACCOMMODATIONS:

Persons who require accommodation for any audio, visual or other disability or Spanish or Hmong interpretation 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

 

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): Cortez, et al. v. County of Merced, et al., Eastern District Case No. 1:20-cv-00161-NONE-SAB

 

 

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

MERCED COUNTY DEPARTMENT OF PUBLIC HEALTH UPDATE - CORONAVIRUS

APPROVAL OF CONSENT AGENDA CALENDAR (ITEMS #1 - 21)

 

PUBLIC HEARINGS:

COMMUNITY AND ECONOMIC DEVELOPMENT - PUBLIC HEARING

Amendment of the Agricultural Preserve as per the California Land Conservation Act of 1965 (Williamson Act) in Merced County

RECOMMENDATION:

1) Open the public hearing and receive testimony;

2) Close the public hearing;

3) Find that the removal of 14.51 acres and addition of 5.8 acres to the land from the Agricultural Preserve pertaining to: a)MS19-010 located on the north side of W. Bell Drive, 725 feet east of N. Dwight Way, in the Atwater area, b)MS19-012 located on the east side of S. Arroya Avenue, 700 feet north of Highway 152, in the Dos Palos area, c)MS20-001 located on the northeast corner of W. Bell Drive and N. Steinberg Road in the Atwater area, d)PLA20-002 located on the southwest corner of Tegner Road and Riverside Avenue, in the Hilmar area, is exempt for CEQA under Section 15183, Projects Consistent with a Community Plan or Zoning based on the findings listed in the BAI; and

4) Adopt a resolution to amend the Agricultural Preserve as per the requirements of the Land Conservation Act of 1965 (Williamson Act) Section 51200 et seq. of the California Government Code.

COMMUNITY AND ECONOMIC DEVELOPMENT - PUBLIC HEARING

Public Hearing to Solicit Comments on Submission of an Application for 2019-2020 State Community Development Block Grant (CDBG) Funding for Code Enforcement Activities

RECOMMENDATION:

Request the Board renotice and reschedule the public hearing to May 19, 2020 to receive comments on submission of an application for Community Development Block Grant (CDBG) Code Enforcement Activity Funding.

PUBLIC WORKS - PUBLIC HEARING

To solicit comments on submission of an application for 2019-2020 state community development block grant (CDBG) funding for planning and technical assistance related to Del Hale Hall in Dos Palos.

RECOMMENDATION:

Request the Board renotice and reschedule the public hearing to May 19, 2020 to receive comments on submission of an application for Community Development Block Grant (CDBG) Planning and Technical Assistance funding.

 

 

 

 

REPORTS/BOARD DIRECTION

County Executive Officer, County Counsel, Board of Supervisors Members

CONSENT CALENDAR (Items # 1-21)

Public Works

1.        1) Approve and authorize the Chairman to sign Amendment to Contract No. 2018148 with CH2M Hill for the Franklin/Beachwood Flood Risk Reduction Program Feasibility Study; and 2) Delegate authority to the Director of Public Works to execute any future amendments for time extensions so long as the overall contract amount is not increased.

2.        1) Adopt the Resolution authorizing the installation of a stop sign on the eastbound Bigler Drive approach to its intersection with Watt Street in the Planada area; and 2) Direct the Director of Public Works to post the stop signs on eastbound Bigler Drive approach to its intersection with Watt Street.

3.        Approve and authorize the Chairman to sign Amendment to Contract No. 2017238 with Burlington Northern Santa Fe (BNSF) Railroad Company for increased flagging and inspection services for Campus Parkway Overpass.

4.        Approve Budget Transfer in the amount of $36,782 to increase the scope of work for the Ag Classroom Remodel project.

5.        Approve Budget Transfer in the amount of $30,000 to establish appropriation for the Dos Palos Veterans Hall HVAC project.

6.        Approve Budget Transfer in the amount of $55,000 to establish appropriation for Main Jail Basement Re-Roof Project.

7.        Approve Budget Transfer in the amount of $113,807 to increase appropriation to cover unanticipated costs to run fiber optic cable to Roads Thornton complex. (4/5 vote required)

Health

8.        Proclamation in Recognition of National Public Health Week for April 6-12, 2020.

Behavioral Health and Recovery Services

9.        Approve and authorize the Chairman to sign Amendment Contract No. 2019269, with Merced County Community Action Agency for property management and operating service activities related to the implementation of Project Home Start, reducing the contract amount from $64,874 to $64,124.

10.     1) Approve and authorize the Chairman to sign Amendment Contract No. 2019270 with Merced County Community Action Agency for property management and operating service activities related to the implementation for Project Hope Westside, updating the terms, and exhibits and reducing the contract amount from $104,399 to $103,649; 2) Approve the associated Budget Transfer (4/5 vote required).

11.     Approve Budget Transfer in the amount of $2,168,200 to cover client placement, doctors services and other expenses (4/5 vote required).

Human Services Agency

12.     1) Approve and authorize Chairman to sign Amendment Contract No. 2019141 to (State Revenue Contract #AP-1920-31) with the California Department of Aging for Senior Service Programs; 2) Adopt the resolution; 3) Approve the associated Budget Transfers (4/5 vote required).

Auditor

13.     Approve Budget Transfer in the amount of $3,750 for office reconfiguration for final adjustments.

Workforce Investment

14.     Set a first reading on April 14, 2020 at 10:00 am to consider repealing Ordinance No. 1829 entitled "An ordinance charging a fee for the Enterprise Zone/LAMBRA voucher application process for employers through the Department of Workforce Investment" (Removes Chapter 5.52 of the Merced County Code).

15.     Set a first reading on April 14, 2020 at 10:00 am to consider repealing Ordinance No. 1835 entitled "An Ordinance which shall establish fees for use of facilities and for services to business by the Department of Workforce Investment" (Removes Chapter 5.72 of the Merced County Code).

Executive Office

16.     Act on Claims for Damages submitted by Tiffany R. Amos and Jana Badal O'Shana as recommended by Risk Management and County Counsel.

17.     Approve and authorize Chairman to sign Amendment Contract 2016091 with Pegasus Risk Management to provide workers' compensation claims administrative services.

18.     Approve Budget Transfer in the amount of $2,500,000 in response to the COVID-19 emergency (4/5 vote required).

Board Recognition

19.     Certificates of Recognition to various individuals in Honor and Celebration of Badge Pinning for the Westside Community Healthcare District, presented on March 24, 2020.

20.     Certificates of Recognition in Acknowledgement and Recognition of the Accomplishments and Contributions of the Latina Women Throughout Merced County to: Lillian Sanchez-Ramos (Dignity Health Mercy Medical Center), Nereida Ochoa Jantz (Farmers Insurance), Nicole Lopez (Nicole Lopez Media), and Sylvia A. Ruano (Merced College), presented March 6, 2020.

21.     Certificate in Celebration of the American Legion's 100th Year Anniversary for the James V. Pernetti Post 166 in Los Banos on March 7, 2020.

REGULAR CALENDAR

BOARD ACTION

PUBLIC WORKS

22.     1) Approve a Retainer Agreement with Bardini Consulting, LLC for On-Call Surveying and Engineering Services for Small County Projects upon approval by County Counsel and Risk Management; 2) Authorize the Chairman of the Board of Supervisors to execute the agreement; and 3) Authorize the Director of Public Works to execute Project Supplement Agreements and amendments up to $500,000.

23.     1) Adopt the Plans and Specifications for the Navigation Center and Homeless Shelter Project at 1411 B Street, Merced, CA; 2) Authorize the Department of Public Works to advertise said Plans and Specifications for a Public Bid Opening; 3 )Authorize the Director of Public Works to award a Construction Contract to the lowest responsible bidder provided said bid is within the established budget; 4) Authorize the Chairman of the Board of Supervisors to execute said Construction Contract upon review by the Department of Public Works, Risk Management and County Counsel; 5) Return to the Board of Supervisors with an informational item describing all actions taken.

24.     1) Adopt the Plans and Specifications for the demolition of the Kane Building at 2150 M Street Merced, CA; 2) Authorize the Department of Public Works to advertise said Plans and Specifications for a Public Bid Opening; 3) Authorize the Director of Public Works to award a Construction Contract to the lowest responsible bidder provided said bid is within the established budget; 4) Authorize the Chairman of the Board of Supervisors to execute said Construction Contract upon review by the Department of Public Works, Risk Management, and County Counsel; 5) Return to the Board of Supervisors with an informational item describing all actions taken.

25.     1) Approve the Operation, Maintenance, Repair Replacement, and Rehabilitation Agreement with the Central Valley Flood Protection Board for State grant application No. 2020-FMAP-NA13-01. The grant will provide for costs associated with improving the operation, maintenance, repair, replacement, and rehabilitation of State Plan of Flood Control facilities; 2) Adopt a resolution, contained in Exhibit 2, authorizing the Chairman of the Board to sign the operation, maintenance, repair, rehabilitation, and replacement agreement with the Central Valley Flood Protection Board.

26.     1) Adopt the Plans and Specifications for the FY2020 Castle Airport Runway and Taxiway Pavement Preservation Project, a project to rehabilitate the runway and taxiway at Castle Airport in the Atwater area; 2) Authorize the Department of Public Works (DPW) to advertise the project and conduct a public bid opening; 3) Authorize the Chairman to accept the final Federal Aviation Administration (FAA) grant and award and execute a construction contract to the lowest responsible bidder provided said bid is within the established budget, upon approval of the FAA, County Counsel and Risk Management; 4) Direct the Department of Public Works to return to the Board with an informational item describing all actions taken.

27.     1) Approve the submission of a grant for a funding application to the California Department of Water Resources in the amount of $43,620 for maintenance of flood control facilities as described in Exhibit A; 2) Approve the funding agreement with the State of California Department of Water Resources, for the operations and maintenance activities in the work plan No. 2020-FMAP-NA13-01 as described in Exhibit A; 3) Adopt a resolution, contained in Exhibit E, authorizing the Chairman of the Board to execute the funding agreement in the amount of $43,620 with the Department of Water Resources.

28.     Adopt resolution and authorize the Chairman of the Merced County Board of Supervisors to sign the Federal Apportionment Exchange and State Match Program Agreement No. X20-5939(128) with the State of California, Department of Transportation, to exchange Federal Funds with Non-Federal State Highway Account Funds.

AG COMMISSIONER

29.     Retroactively approve contract with California Department of Food and Agriculture (Agreement Number 19-0737-019-SF) for Asian Citrus Psyllid detection and survey program.

30.     1) Retroactively approve Memorandum Of Understanding (Reference Number: 19-sd24) with California Department of Food and Agriculture to provide for Pest Exclusion Seed Inspection activities; and 2) Authorize the County Agriculture Commissioner to sign the California Seed Law (MOU) and negotiate the rate per unit of activity.

HEALTH

31.     Contract with AAA Northern California, Nevada & Utah for a grant for the purchase of car seats/booster seats.

BEHAVIORAL HEALTH AND RECOVERY SERVICES

32.     1) Adopt the resolution authorizing the submission to the Department of Health Care Services and the Mental Health Services Oversight and Accountability Commission the Fiscal Year 2019-2020 Mental Health Services Act Annual Update, including all comments and any updates from the February 18, 2020 Behavioral Health Board Public Hearing; 2) Authorize the Auditor-Controller to sign the necessary document in this Annual Update certifying fiscal accountability of the Mental Health Services Act Programs; 3) Authorize the Behavioral Health and Recovery Services Director to sign all necessary documents for submission; and 4) Adopt and authorize for submission to the Department of Health Care Services and the Mental Health Services Oversight and Accountability Commission the Fiscal Year 2019-2020 Mental Health Services Act Annual Update, including all comments and any updates from the February 18, 2020 Behavioral Health Board Public Hearing.

HUMAN SERVICES AGENCY

33.     Contract with Aspiranet to provide SB 163 Wraparound services that facilitate the safe return of children/youth in high level out-of-home placements to their homes or less restrictive placements within their community.

COMMUNITY AND ECONOMIC DEVELOPMENT

34.     Review and accept the General Plan Annual Progress Report and direct staff to forward a copy of the report to the Governor's Office of Planning and Research, and the State Department of Housing and Community Development.

WORKFORCE INVESTMENT

35.     1) Approve and authorize the Director of Workforce Investment to sign a new agreement with California Workforce Development Board (CWDB) for AB 1111 - Removing Barrier to Employment Act; and 2) Approve related Budget Transfer (4/5 vote required).

36.     Contract with Central Valley Opportunity Center (CVOC) to provide job readiness, competency skills training, English language remediation, and access to remote behavioral health services to migrant seasonal farmworkers.

37.     Contract with La Cooperativa Campesina de California to provide technical assistance to Workforce Investment (WI).

38.     Interdepartmental Contract with Merced County Behavioral Health & Recovery Services to provide remote behavioral health-related services to the homeless and migrant seasonal farmworkers.

39.     Approve and authorize the Chairman to sign Amendment No. 2019259 with Arbor E&T, LLC dba ResCare Workforce Services to provide job readiness/competency skills training and access to remote behavioral health services to homeless individuals.

FIRE

40.     Memorandum of Understanding with the City of Los Banos to disperse Homeland Security Grant Programs FY2017 to the City of Los Banos for purchase of advanced types of equipment.

LIBRARY

41.     Accept an allocation in the amount of $250,000 from the California State Library for the Bringing the Library to You: Mobile Library Solutions grant to purchase a bookmobile for Merced County Library.

42.     PULLED

TREASURER

43.     Authorize the distribution of excess proceeds from the public auction of tax defaulted property sold for failure to pay taxes on real property per Exhibit "A" to the valid claimants in the amount of $651,716.22. The remaining funds that do not have a valid claim totaling $63,395.16 per Exhibits "A" and "B" are to be transferred to Trust Fund #02000-02080 Property Taxes - Tax Loss Reserve.

EXECUTIVE OFFICE

44.     Memorandum of Understanding among the County of Merced, County of Merced District Attorney's Office, County of Merced Public Defender's Office, Ciummo and Associates, City of Merced and City of Merced Attorney's Office, and the Superior Court of California, County of Merced for Homeless Court Program.

45.     Continue the local emergency due to livestock carcass accumulation to the Board of Supervisors meeting scheduled for April 14, 2020; or determine the hazard no longer exists and terminate the local emergency.

46.     Adopt the resolution to authorize Genevieve Valentine as Director of Behavioral Health/Substance Use Disorder Program Administrator to sign Initial Applications for Certification of Substance Use Disorder (SUD) Programs; the Certification Extension for SUD Programs every two years; and the Application for Drug Medi-Cal Program Participation certifying SUD treatment services provided by Merced County.

BOARD APPOINTMENTS

47.     Appoint Olivia Gomez to serve as a member of the Planada Municipal Advisory Council, filling an unexpired term until March 31, 2023.

48.     Reappoint Francisca Briones to the Delhi Municipal Advisory Council, until January 3, 2023 and appoint Joseph Castillo to the Delhi Municipal Advisory Council, until January 3, 2024.

49.     1) Reappoint Dorothy Bizzini representing Public Representative-At-Large to serve on the Santa Cruz-Monterey-Merced Managed Medical Care Commission until April 22, 2024; 2) Reappoint Dr. Joerg Schuller representing Hospital Representative-At Large to serve on the Santa Cruz-Monterey-Merced Managed Medical Care Commission until April 22, 2024.

50.     Appoint Zachery Ramos to the Behavioral Health Board, representing District Four, filling an unexpired term until June 30, 2020.

BOARD INFORMATION & POSSIBLE ACTION

51.     Declare assorted motor vehicles (listed on Exhibit A) as Surplus Property as recommended.

52.     Public Works re: Contract No. 2019324 was awarded to Graham Prewett, Inc. from Fresno, California in the amount of $678,000 for the Re-Roofing of the H.S.A. building, O'Banion and Germino Los Banos Spring Fair buildings in Los Banos, California.

53.     California Fish and Game Commission re: Notice of Findings - Clara Hunt's Milkvetch (Astragalus claranus)

54.     California Fish and Game Commission re: Notice of Proposed 90-Day Extension of Emergency Regulations Special Order Regarding Take of Chinook Salmon in Anadromous Waters of the Klamath River Basin Downstream of Iron Gate and Lewiston Dams.

55.     California Fish and Game Commission re: Notice of Findings regarding the petition to list foothill yellow-legged frog (Rana boylii) as endangered/threatened under the California Regulatory Notice Register on March 20, 2020.

56.     Board Travel Summaries for period of January 15, 2020 through February 13, 2020 pursuant to Government Code Section 53232.3(d).

57.     Merced County Mosquito Abatement District re: Larvicide and Adulticide operations to and over the Grassland wetlands, Merced and San Joaquin Rivers and their tributaries, and other waters of the US which may be in the Boards jurisdiction for mosquito control purposes.

58.     Merced County Mosquito Abatement District re: General Manager's report February 18, 2020 through March 10, 2020.

POSSIBLE DIRECTION FOR FUTURE AGENDA ITEMS

 

 

April

April 14, 2020

Board Meeting

April 28, 2020

Board Meeting

May

May 12, 2020

Board Meeting

May 19, 2020

Board Meeting