BOARD OF SUPERVISORS

 Rodrigo Espinoza, District 1

Josh Pedrozo, District 2

           Chairman Daron McDaniel, District 3

Lloyd Pareira, District 4

          Scott Silveira, District 5

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

 

AMENDED AGENDA

TUESDAY, MARCH 23, 2021

 

Closed Session – 8:30 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.

 

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, the Board Chambers will have limited public seating during the Merced County Board of Supervisors meetings. The County will conduct business in compliance with social distancing requirements with seating for the public limited to 25.  The County will also provide some overflow space on a first come first served basis.

 

The following alternatives are available to members of the public to watch these meetings:

 

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.

 

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).

 

All comments for items on the agenda other than those scheduled as public hearings will be taken at the beginning of the Board Meeting during the public comment period. 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. Please raise your hand when requested and you will be directed to the podium.  Please note that in order to maintain social distancing only one person may speak at a time, at the podium

 

PUBLIC COMMENT (Voicemail): You may also submit a general public comment for items not on the day’s agenda or comment on an agenda item via voice message by calling 209-385-7319.  All voicemails received prior to 9:00 am on the day of the meeting will be played during the meeting, as time allows.  Voicemails will be limited to three minutes in length.  Please submit one comment per voicemail and if commenting on an agenda item, please identify the agenda item number in your voicemail.  If you wish to do so, please identify yourself in your voicemail.  Phone numbers will not be made part of the record of the meeting.

 

PUBLIC COMMENT (Email): Email public comments will not be read during the meeting, but will be delivered to the Board of Supervisors prior to the meeting if received by 5:00pm on the Monday prior to the Board meeting. Please send email public comments to the Clerk of the Board at publiccomments@countyofmerced.com.  These comments will be made part of the record.

 

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 made part of the record of the meeting.  Comments made on Facebook are not considered part of the official record and will not be shared with the Board.

 

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.

 

PUBLIC HEARINGS: (In Person)

Public opportunity to provide testimony is limited to three (3) minutes per person.  Please raise your hand and you will be directed to the podium.  Please note that in order to maintain social distancing only one person may speak at a time, at the podium.

 

PUBLIC HEARINGS: (Via Voicemail) Public comment for public hearings will be taken in person and by voicemail.  Voicemails directed to the public hearing will be accepted up to and during the public hearing.   The Board of Supervisors will take a brief pause during the public hearing for persons using voicemail. Please call 209-726-2755 to leave your voicemail.

 

In an effort to assist the Clerk in identifying the Public Hearing agenda item relating to your public comment please identify the subject matter in your voicemail. If you wish to do so, please identify yourself in your voicemail.  Phone numbers will not be made part of the record of the meeting.

 

CLOSED SESSION: This 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.

 

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

8:30 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 pursuant to Government Code Section 54957.6 concerning a Conference with County of Merced Staff Negotiators concerning negotiations with:  American Federation of State, County and Municipal Employees (AFSCME), Units 4, 5, 6 and 8; United Public Employees (UPE), Unit 3; Merced County Attorney Association (MCAA), Unit 7; Teamsters (Corrections), Unit 2; Merced County Law Enforcement Sergeants, Unit 30; Merced County Deputy Sheriff Association (DSA), Unit 10: Teamsters (Non-Safety Corrections), Unit 12; Merced County Public Safety Services Unit (MCPSSU), Unit 14; and Probation Supervising Employees, Unit 11.  Agency Negotiator:  Marci Barrera

 

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): SHS Family LTD. Partnership and 4-S Ranch Partners, LLC v. County of Merced Case No. 21CV-00564.

 

 

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) Dana Hertfelder, Director of Public Works pursuant to Government Code Section 54956.8 as follows:

Property: APN #022-010-025 a 2-acre parcel and APN #022-010-021 a 1.98-acre parcel in the Livingston area

Agency Negotiator: Dana Hertfelder, Director of Public Works

Negotiation Parties: JEG Livingston Ranches LLC and the Livingston Health Clinic respectively

Under Negotiation: To request authority to negotiate proposed purchase

 

GOVERNMENT CODE SECTION 54954.2 COMPLIANCE (LATE AGENDA ITEMS)

 

 

10:00 A. M.               INVOCATION led by Emily Rivers, Wife of Pastor Bruce Rivers, Mount Moriah First Baptist Church, Dos Palos/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 - 22)

PRESENTATION:

COVID-19 UPDATE                                                 

 

 

SCHEDULED ITEMS:

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 and addition of land from the Agricultural Preserve pertaining to: a) PLA 20-015 and located on the northeast corner of Bloss Avenue and Campground Road in the Delhi area, b) PLA20-17 located on the south side of Dickenson Ferry Road, approximately 659 feet east of Gurr Road in the Merced area, c) MS20-015 located on the southeast corner of Griffith Avenue and August Road  in the Delhi area, d) MS20-021 located on the west side of Pepper Street, approximately 1,370 feet south of W. South Avenue in the Ballico area, is exempt from CEQA under Section 15183, Projects Consistent with a Community Plan or Zoning based on the findings listed in the Board Agenda Item; 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.

 

PUBLIC WORKS - FIRST READING - PROPOSED ORDINANCE

First Reading for a Proposed Ordinance amending Chapter 5.90 of the Merced County Code by increasing the refuse of collection rates for the unincorporated areas within County Solid Waste Franchise areas 1 through 5.

RECOMMENDATION:

1) Introduce and conduct the first reading of an ordinance that proposes to increase refuse collection rates in the unincorporated areas of Merced County entitled "An Ordinance Amending Refuse Service Fees and Charges for County Solid Waste Franchise Areas" (Amends Chapter 5.90 to the Merced County Code and Ordinance 1987);

2) Waive further reading of the proposed ordinance;

3) Set second reading and possible adoption of the proposed ordinance on April 6, 2021 at 10:00 a.m. (Amends Chapter 5.90 to the Merced County Code and Ordinance 1987)

 

 

 

 

REPORTS/BOARD DIRECTION

County Executive Officer, County Counsel, Board of Supervisors Members

CONSENT CALENDAR (Items # 1-22)

Public Works

1.        1) Approve and authorize the Chairman to sign Amendment to Contract No. 2017182 with NV5 for construction management services for the Campus Parkway Project, amending NV5's approved wage rates with no adjustment to total compensation, updating insurance requirements and adding COVID-19 language; and 2) Authorize the Director of Public Works to execute future wage rate amendments to this contract that do not otherwise adjust the contract's not-to-exceed contract amount.

2.        Approve Budget Transfer in the amount of $55,000 for necessary network wiring for Human Services Agency workstation redesign to ensure social distancing. (4/5 Vote Required)

3.        Approve Budget Transfer in the amount of $50,000 for Human Services Agency Castle Smoke Detector to increase project budget due to increased cost estimate. (4/5 Vote Required)

4.        Approve Budget Transfer in the amount of $29,360 to move appropriations to reflect the Americans with Disability Act (ADA) survey and design costs to be reflected in the Gustine Veteran's Hall ADA project.

5.        Approve Budget Transfer in the amount of $17,610 to move appropriations to reflect the Americans with Disability Act (ADA) survey and design costs to be reflected in the Livingston Veteran's Hall ADA project.

6.        Approve Budget Transfer in the amount of $30,000 to create a project and provide appropriations for the Le Grand Community Center Americans with Disability Act (ADA) survey and design.

7.        Approve Budget Transfer in the amount of $120,000 to establish appropriation to replace two vandalized Building Services trucks (58005, 58006). (4/5 Vote Required)

8.        Approve Budget Transfer in the amount of $415,000 to increase appropriations for the Merced County Navigation Center and Homeless Shelter project to fund necessary construction change orders incurred during installation of the containers. (4/5 Vote Required)

Health

9.        Approve and authorize the Chairman to sign Amendment to Contract No. 2018045 with California Department of Public Health-Immunization Branch for immunization services in supplemental funding in the amount of $103,807; 2) Approve Budget Transfer (4/5 Vote Required); and 3) Adopt the Resolution approving the amendment to the contract.

10.     Approve Budget Transfer in the amount of $60,600 to increase appropriations and related revenue for the county-wide replacement of emergency medical care provider AED's in the field that are nearing the end of their service life. (4/5 Vote Required)

Behavioral Health and Recovery Services

11.     Approve and authorize the Chairman to sign Amendment to Contract No. 2017196 with Turning Point Community Programs, for services provided through the Housing Specialist Program as part of the Mental Health Services Act (MHSA) Community Services and Supports (CSS) program, updating the pricing conditions, revising Exhibit B and extending the contract term.

12.     Proclaim the Month of May 2021 as Drug Court Month in Merced County.

13.     Proclaim the Month of May 2021 as Mental Health Awareness Month in Merced County.

14.     Approve and authorize the Chairman to sign Amendment to Contract No. 2018179 with Aspiranet to provide wraparound and specialty mental health services to Youth Beneficiaries in Merced County, extending the term of the agreement and revising Exhibit E.

15.     1) Retroactively approve and authorize the Chairman to sign Amendment to Memorandum of Understanding No. 2015230 with California Department of State Hospitals and California Mental Health Services Authority for the purpose of accessing State hospital beds amending the term of the agreement with no financial obligation unless a hospital bed is used; and 2) Authorize the Director of Behavioral Health and Recovery Services to sign the Purchase Agreement.

Recorder

16.     Approve Budget Transfer in the amount of $5,300 to replace an embosser required for certifying documents. (4/5 Vote Required)

17.     Approve Budget Transfer in the amount of $13,249.20 increasing the appropriation in the software account to pay the annual maintenance fee for use of the Statewide Electronic Courier Universal Recording Environment (SECURE) portal. (4/5 Vote Required)

Fire

18.     Approve Budget Transfer in the amount of $42,000 for the purchase of a box trailer to be used for transporting supplies and equipment used in support of vaccination clinics throughout the County.

Executive Office

19.     Act on Claims for Damages submitted by Julie Vera, Chanrithy Meas, Jessica Moran, Savannah Rose Johnson, Than Dinh, Magdalena Felix, and Daniel Leon Roberts as recommended by Risk Management and County Counsel.

Board Recognition

20.     Certificates of Recognition for Graduation from Merced County Drug Treatment Court to Nicholas Martin, Marco Villa, and Crystal Liberty Caballero, presented February 26, 2021.

21.     Certificates of Recognition for being selected by the American Leadership Forum-Great Valley Chapter to Matthew Francis and Wendy Spencer as recipients of the Heart of ALF Award and Andre Griggs for Leadership in Action Award, presented March 18, 2021.

22.     Certificate of Recognition for the 4th Anniversary Celebration and Expansion of Atwater ReStore for Habitat for Humanity of Merced County, presented March 6, 2021.

REGULAR CALENDAR

BOARD ACTION

PUBLIC WORKS

23.     In accordance with Government Code section 66006, subdivision (b), review and approve the 2019/2020 Fiscal Year Annual Report providing the public with information on the various impact fees that were collected to fund the cost of public improvements.

24.     1) Adopt the Plans and Specifications for the Houlihan Park Renovation Project; 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 to execute said construction contract upon review of the Public Works Department, Risk Management, and County Counsel; 5) Direct the Public Works Department to return to the Board of Supervisors with an informational item describing all actions taken; and 6) Approve associated Budget Transfers to transfer the Houlihan Park Renovation Project from Department of Public Works, Park (BU 16500) to Capital Improvements Projects (BU 17000). (4/5 Vote Required)

BEHAVIORAL HEALTH AND RECOVERY SERVICES

25.     Pulled.

26.     Contract with Guardco Security Services, Inc. for security guard services to the Behavioral Health and Recovery Services locations.

HUMAN SERVICES AGENCY

27.     Authorize the Director of Human Services Agency or designee to continue performing administrative functions as the Merced City and County Continuum of Care Collaborative Applicant for two years from June 1, 2021 through May 31, 2023.

COMMUNITY AND ECONOMIC DEVELOPMENT

28.     1) Authorize the Chairman to sign grant application for the Federal Aviation Administration (FAA) Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) funding for Castle Airport in the amount of $47,162; and 2) Authorize the Director of Community & Economic Development to take any further administrative actions related to the FAA CRRSAA Award implementation, including but not limited to acceptance of grant award upon concurrence of County Executive Officer and County Counsel.

29.     Contract with Borba Dairy Farms LP, Borba Dairy Farms Home Ranch LP for the payment of costs charged by Environmental Planning Partners, Inc. for the preparation of an Environmental Impact Report for the Borba Dairy Farms Expansion project (CUP20-014), which is generally located on the southwest corner of Kelly Road and Turner Road in the Hilmar area.

30.     Contract with Environmental Planning Partners, Inc., to prepare an Environmental Impact Report for the Borba Dairy Farms Expansion project (CUP20-014), which is generally located on the southwest corner of Kelly Road and Turner Road in the Hilmar area; and approve the related Budget Transfer. (4/5 Vote Required)

31.     Retroactively approve Contract with National O & M to operate and manage the Castle water system.

32.     Contract with Edward Hoekstra for the payment of costs charged by Environmental Planning Partners, Inc. for the preparation of an Environmental Impact Review for the Hillcrest Dairy Expansion project (CUP20-013) which is generally located on the west side of North Hayden Road, south of South Bear Drive, approximately one mile north of East Highway 140 in the Le Grand / Planada area.

33.     Contract with Environmental Planning Partners, Inc. to prepare an Environmental Impact Report for the Hillcrest Dairy Expansion (CUP20-013) which is generally located on the west side of North Hayden Road, south of South Bear Drive, approximately one mile north of East Highway 140 in the Le Grand / Planada area; and approve the related Budget Transfer. (4/5 Vote Required)

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 California Department of Housing and Community Development.

WORKFORCE INVESTMENT

35.     1) Approve the Local Workforce Development Board Recertification Request for Program Years 2021-2023 to continue providing employment related services to businesses and job seekers under the Workforce Innovation and Opportunity Act (WIOA) for Merced County; and 2) Authorize the Chairman to sign all copies of the Recertification Request.

ADMINISTRATIVE SERVICES

36.     Contract with CentralSquare Technologies for the Solutions Maintenance Agreement for support and maintenance of the County's Enterprise Resource Planning System.

37.     Authorize the use of The Interlocal Purchasing System (TIPS) contracts to procure equipment, vehicles, and services when it is in the best interest of the County.

RETIREMENT

38.     1) Adopt the Fiscal Year 2021-2022 Employer Contribution Rates for the MercedCERA retirement fund as recommended by the Actuarial Report; and 2) Adopt the Fiscal Year 2021/2022 Employee Contribution Rates for the MercedCERA retirement fund as recommended by the Actuarial Report.

SHERIFF

39.     1) Allocate Extra-Help Special Projects Coordinator, Class 0468, to Budget Units 22100 and 23000; and 2) Approve the Amendment to the Position Allocation Resolution 06-120/A.

40.     Adopt the Resolution authorizing the Merced County Sheriff-Coroner the authority to appoint Designated Level 1 Reserve Deputy Sheriffs in compliance with Penal Code Section 830.6(a)(2).

41.     Approve and authorize the Chairman to sign Amendment to Contract No. 2016287 with Axon Enterprise, Inc. for the purchase of tasers, additional body worn cameras and interview room cameras.

DISTRICT ATTORNEY

42.     Memorandum of Understanding (MOU) with California Department of Child Support Services allowing access to the Child Support Enforcement (CSE) System.

COUNTY COUNSEL

43.     Authorize and direct the Clerk of the Board to execute and issue the Memorandum or Notice of Non-Authorization, pursuant to Government Code section 53853(b) and serve notice to Dos Palos Oro Loma Joint Unified School District that the Board of Supervisors will not authorize issuance of the TRANS within 45 calendar days, thereby freeing the District to issue the TRANS on their own respective behalf.

EXECUTIVE OFFICE

44.     1) Approve the request from Pacheco Water District to hold all Subsequent District Elections during even-numbered years after November 2020 to coincide with statewide general elections, and acknowledge that the Pacheco Water District is not seeking to have the Elections conducted by the County Elections Official; 2) Extend the term of Aaron Barcellos, Alec Smith, and David Parreira as members of the Pacheco Water District by one-year from 2023 to December 6, 2024; and 3) Extend the term of George Delgado and Lance LeVake as members of the Pacheco Water District by one-year from 2021 to December 2, 2022.

45.     1) Approve the 2021 Legislative Agenda with any revisions as recommended by the Board of Supervisors; 2) Authorize the Chairman and the 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 2021 Legislative Agenda to Merced County's legislative representatives and advocates.

46.     Contract with Transworld Systems Inc. for debt collection services on county delinquent accounts for the period March 1, 2021 through February 28, 2024, including an option for two 1-year extensions at one-year intervals.

47.     Authorize the County Executive Officer to sign a Memorandum of Understanding (MOU) in substantially the form submitted with the California Government Operations Agency to continue Merced County's eligibility for allocation of COVID-19 vaccine.

BOARD OF SUPERVISORS

48.     Accept 2020 Local Agency Biennial Notice for the Conflict of Interest Code from the Country Club Water District as submitted with no amendment required, and authorize notification to the agency of action taken.

BOARD APPOINTMENTS

49.     Reappoint Rebecca Nanyonjo-Kemp to serve as the Public Health Director member on the Santa Cruz-Monterey-Merced Managed Medical Care Commission, until April 7, 2025.

50.     Appoint Genevieve Valentine, Director of Behavioral Health and Recovery Services (BHRS), to the First 5 Merced County Commission to serve at the Pleasure of the Board. 

51.     Reappoint Supervisor Josh Pedrozo to serve as a member of the Santa Cruz-Monterey-Merced Managed Medical Care Commission as the Board of Supervisor's Representative, until April 7, 2025.

52.     Appoint Aaron Rosenberg as the Public Safety Member to the Deferred Compensation Standing Committee to serve at the Pleasure of the Board.

BOARD INFORMATION & POSSIBLE ACTION

         

53.     Fish and Game Commission re: Emergency action to amend sections 29.20 and 29.80, Title 14, California Code of Regulations Re: 2021 Recreational Clam, Sand Crab, and Shrimp Gear Emergency Rule.

         

54.     MBK Engineers re: Garden Highway Mutual Water Company Petition for Change Involving Water Transfer under License 2033 (Application 1699). (On file with Clerk).

         

55.     MBK Engineers re: Henle Family Farms, L.P. Petition for Change Involving Water Transfer under License 1484 (Application 6146). (On file with Clerk).

         

56.     MBK Engineers re: River Garden Farms Petition for Change Involving Water Transfer under License 1718 and License 3123 (Application 575 and 577). (On file with Clerk).

         

57.     MBK Engineers re: Windswept Orchards, LLC Petition for Change Involving Water Transfer under License 4255 (Application 3247). (On file with Clerk).

         

58.     MBK Engineers re: Reclamation District No.1004 Petition for Change Involving Water Transfer under License 3165 (Application 27). (On file with Clerk).

         

59.     MBK Engineers re: Natomas Central Mutual Water Company Petition for Change Involving Water Transfer under License 3109 (Application 1203). (On file with Clerk).

         

60.     MBK Engineers re: Reclamation District No.108 Petition for Change Involving Water Transfer under License 3065 and 3066 (Application 576 and 763). (On file with Clerk).

POSSIBLE DIRECTION FOR FUTURE AGENDA ITEMS

 

April

April 6, 2021

            Board Meeting

April 27, 2021

            Board Meeting

May

May 11, 2021

            Board Meeting

May 18, 2021

            Board Meeting