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, APRIL 27, 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 - 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):  Robert Jenkins v. County of Merced, Workers Compensation Appeals Board Case Nos. ADJ11681340 and ADJ11681342.

CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION:

It is the intention of the Board to meet in Closed Session concerning Initiation of Litigation pursuant to Government Code Section 54956.9(d)(4): Two Cases

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: 3430 A Street at Castle Commerce Center and including approximately 16.29 acres of property bordered by C Street, Aviation Drive, Apron Avenue, and Heritage Drive and 3.01 acres of property generally bordered by C Street, 12th Street and Spacecraft Drive at Castle Commerce Center.

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

Negotiation Parties: Merced Union High School District

Under Negotiation: To request authority to negotiate proposed acquisition of facility and value

 

 

 

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)

APPROVAL OF CONSENT AGENDA CALENDAR (ITEMS #1 - 23)

 

PUBLIC HEARINGS:

BEHAVIORAL HEALTH AND RECOVERY SERVICES - PUBLIC HEARING

Submission of an application for 2020 Community Development Block Grant Coronavirus Response - (CDBG-CV) Program Assistance for Behavioral Health and Recovery Services, Children's System of Care Facility Improvements.

RECOMMENDATION:

1) Open the Public Hearing and accept public comments regarding the submission of a grant application for the Community Development Block Grant Program-Coronavirus Response Round 2 and 3 (CDBG-CV2 and CV3) for public facility improvement assistance;

2) Close the Public Hearing;

3) Adopt the Resolution: a) Approving submittal of an application to the State of California following the CDBG-CV2 and CV3 activities pursuant to the December 2020 CDBG-CV/3 Notice of Funding Availability to be utilized for Public Facility Improvements-(Behavioral) Health Care Facility; b) Authorizing and directing the Director of Behavioral Health and Recovery Services, or designee, to execute, and deliver application and act on the County's behalf in all matters pertaining to such application; c) If an application is approved, authorizing the Chairman to enter into, execute, and deliver the Standard Agreement and any and all subsequent amendments thereto with the State of California for the purposes of the grant subject to approval by Counsel; d) If an application is approved, authorizing the Director of Behavioral Health and Recovery Services, or designee, to sign and submit Fund Requests and all required reporting forms and other documentation as may be required by the State of California in connection with the grant;

4) Direct Behavioral Health and Recovery Services to return to the Board with an informational item of all actions taken.

COMMUNITY AND ECONOMIC DEVELOPMENT - PUBLIC HEARING

Request for Proposal (RFP) No. 7370 for the Fast Open Contracts Utilization Services (FOCUS) Program providing technology expertise, equipment, services, and systems contract awards.

RECOMMENDATION:

1) Open the Public Hearing and receive testimony;

2) Close the Public Hearing;

3) Approve Request for Proposal (RFP) No. 7370 list of categorical awards to vendors as listed in Exhibit A;

4) Find based on the evidence in the record, that the provision of special services described in the proposed contracts will not adversely impact the provision of similar services by private sector companies or individuals within the County; and,

5) Authorize CED to negotiate three-year master price agreements with each selected vendor as authorized under Government Code sections 25330 et seq. and 6500 et seq. and return to the Board for contract approval, which will utilize the Joint Powers Authority structure to enable public agencies to efficiently procure technology, equipment, services, and systems through the County's competitive solicitation.

PUBLIC WORKS - PUBLIC HEARING

To consider a Resolution annexing the Villa Cordoba Unit 2 Phase 3 Subdivision 07-002, into the Villa Cordoba Unit 2 Landscape Maintenance Zone of Benefit No. 129 in County Service Area Number One.

RECOMMENDATION:

1) Open Public Hearing and accept comments;

2) Close Public Hearing;

3) Adopt Resolution annexing the Villa Cordoba Unit 2 Phase 3 Subdivision No. 07-002 into the Villa Cordoba Unit 2 Landscape Maintenance Zone of Benefit No. 129 in County Service Area One.

PUBLIC WORKS - PUBLIC HEARING

To consider a Resolution annexing the Villa Cordoba Unit 2 Phase 3 Subdivision 07-002, into the Hilmar/Irwin Lighting and Maintenance Zone of Benefit No. 100 in County Service Area Number One.

RECOMMENDATION:

1) Open Public Hearing and accept comments; 

2) Close Public Hearing;

3) Adopt the Resolution annexing the Villa Cordoba Unit 2 Phase 3 Subdivision No. 07-002 into the Hilmar-Irwin Lighting and Maintenance Zone of Benefit No. 100 in County Service Area One.

 

 

 

 

 

REPORTS/BOARD DIRECTION

County Executive Officer, County Counsel, Board of Supervisors Members

CONSENT CALENDAR (Items # 1-23)

Public Works

1.        Approve Budget Transfer in the amount of $30,000 to add appropriation to Gustine Library carpet project required to remove existing VCT tile that is buckling under carpet.

2.        Approve Budget Transfer in the amount of $260,000 to increase appropriation and change description from "repair" to "replacement" for the Adobe Roof.

3.        Approve Budget Transfer in the amount of $75,000 to establish appropriation for replacement of two hot water heaters at the Main Jail.

4.        Approve Budget Transfer in the amount of $95,000 to transfer savings from the Main Administration A/V project to the 3rd floor/basement remodel project to facilitate the Board Office front counter ADA improvements and Board Clerk Office reconfiguration.

Behavioral Health & Recovery Services

5.        Approve and authorize the Chairman to sign Amendment to Contract No. 2018029 with Manolito Castillo, M.D. for psychiatric services to convert the agreement to a rate-based contract and to revise Exhibits A and E.

Human Services Agency

 

6.        Approve and authorize the Chairman to sign Amendment to Contract No. 2019171 with Taher, Inc. for Frozen Home-Delivered Meals Program for seniors.

7.        Approve and authorize the Chairman to sign Amendment to Contract No. 2021025 with Valley Caregiver Resource Center for caregiving support networks for family caregivers and grandparents and older individuals who are relative caregivers.

8.        Approve and authorize the Chairman to sign Amendment to Contract No. 2019193 with Merced County Rescue Mission for Congregate Site Management Services for seniors.

9.        Proclaim the month of May 2021 as "Older Americans Month" in Merced County.

10.     Proclaim the month of April 2021 as "National Child Abuse Prevention Month" in Merced County.

Community and Economic Development

11.     Approve and authorize the Chairman to sign Amendment to Contract No. 2015109 with AMS.Net, Inc. for a FOCUS Program agreement providing telecommunications technology procurement solutions to public agencies through the Joint Powers Authority structure and the extension announcement letter.

12.     Set a Public Hearing for May 11, 2021 at 10:00 a.m. to consider adoption of the proposed Winton Community Plan and associated documents related to the California Environmental Quality Act (CEQA).

13.     Approve Budget Transfer in the amount of $570,000 for Affordable Housing Program to assist low-income families with first time buyer assistance and down payment obligations. Merced County contracts with Self-Help Enterprises to undertake these activities on its behalf. (4/5 Vote Required)

Probation

14.     Approve Budget Transfer in the amount of $23,394 for the purchase of a coffee trailer as part of the RISE program with the Merced County Office of Education.

Administrative Services

15.     Approve Budget Transfer in the amount of $7,800 to cover the lease cost and one-time license fee for the remaining three months of FY 20/21 to improve coverage of the County-wide Merced Operational Area Regional Interoperable Communications System (MOA-RICS) additional site. (4/5 Vote Required)

Elections

16.     Approve Budget Transfer in the amount of $32,000 to purchase a vehicle to help with transportation to and from community events, transporting ballots from the ROV office to the Elections Warehouse, ADA site surveys and roving on election day.

Workforce Investment

17.     Approve and authorize the Chairman to sign Amendment to Contract No. 2019175 with the Workforce Investment Board of Tulare County for the utilization of the Central Valley Industry Engagement Roundtable to extend the contract end date.

18.     Accept Modification twelve (12) to Subgrant K9110025 (Amendment to Contract No. 2018218) with the State of California Employment Development Department to extend the term-end dates of the Regional Organizer/Regional Training Coordinator and SlingShot 2.0-Regional Plan Implementation projects.

19.     Accept Modification four (4) to Subgrant AA111015 (Amendment to Contract No. 2020141) with the State of California Employment Development Department incorporating $3,846.16 of WIOA 15% Governor's Discretionary funds for the High Performing Board project in grant code 1222; and approve related Budget Transfer. (4/5 Vote Required)

20.     Accept Modification ten (10) to Subgrant AA011015 (Amendment to Contract No. 2019275) with the State of California Employment Development Department to incorporate $150,000 of WIOA 25% Additional Assistance funding to the Underserved COVID-19 Impacted Individuals Grants project in grant code 1215; and approve related Budget Transfer. (4/5 Vote Required)

Executive Office

21.     Act on Claims for Damages submitted by Mercury Insurance A/S/O Gabino Covarrubias, Justin Sandling, and Jose Canales as recommended by Risk Management and County Counsel.

Board Recognition

22.     Certificates of Recognition to various individuals for being selected for attaining 85 years of age and 50 years of residency in the County of Merced, presented April 15, 2021.

23.     Authorize Proclamation in recognition of the production, vitality and importance for local, Independent Farming Operations and the productive engagement between the Government of India and farmers and peaceful demonstrators to benefit India's agricultural sector.

REGULAR CALENDAR

BOARD ACTION

PUBLIC WORKS

24.     Adopt Resolution approving the list of road projects to be funded by SB 1, the Road Repair and Accountability Act, for fiscal year 2021/2022 with costs for those projects estimated at $7,550,000 and funds from SB 1 for those projects anticipated to be $7,892,285.

25.     1) Adopt the plans and specifications for the California Autotech Testing and Development Center (CATDC); 2) Authorize the Department of Public Works (DPW) to advertise the project and conduct a public bid opening; 3) Authorize the Director of Public Works to award and execute a construction contract to the lowest responsible bidder provided said bid is within the established budget, upon approval of County Counsel and Risk Management; and 4) Direct the DPW to return to the Board with an informational item describing all actions taken.

26.     Formally recognize termination of Merced County Contract No. 2012067 with Veterans of Foreign Wars Post 9946 for the Operation and Management of the Atwater Veterans Memorial Hall and authorize the Director of Public Works to take all actions necessary to implement said termination and to identify alternative organizations eligible to take on management of the hall.

BEHAVIORAL HEALTH AND RECOVERY SERVICES

27.     Memorandum of Understanding with Valley Crisis Center, providing domestic violence services.

28.     Contract with Crestwood Behavioral Health, Inc. for Institute for Mental Disease facility services and special treatment for adults with mental disabilities/disorders.

HUMAN SERVICES AGENCY

29.     Contract with Merced County Office of Education-Family Resource Council to provide community development and support services.

30.     Approve and authorize the Chairman to sign Amendment to Administrative Services Contract No. 13038 with Alliance for Community Transformations to provide domestic violence shelter services.

31.     Contract with Alliance for Community Transformations to provide domestic violence shelter services.

32.     Contract with The Board of Trustees of the Leland Stanford Junior University for a data access agreement.

COMMUNITY AND ECONOMIC DEVELOPMENT

33.     1) Approve the FY 2021-2022 budget for the Central Delta-Mendota Activity Agreement, as recommended by the Agreement's Management Committee, for the performance of services necessary to comply with the Sustainable Groundwater Management Act (SGMA); 2) Approve the FY 2021-2022 budget for the Northern Delta-Mendota Activity Agreement, as recommended by the Agreement's Management Committee, for the performance of services necessary to comply with SGMA; 3) Approve the FY 2021-2022 budget for coordinated costs in the Delta-Mendota subbasin to be shared equally by Groundwater Sustainability Plan groups; and 4) Authorize payment to the San Luis and Delta-Mendota Water Authority for Merced County's allocation of the Central and Northern region Delta-Mendota Activity Agreement budgets and Merced County's share of the coordinated budget in the approximate amounts of $54,151, $10,876, and $783 respectively.

34.     Contract with RBK Development, Inc. for the payment of costs charged by EMC Planning Group, Inc. for the preparation of an Environmental Impact Report for the Bradbury Ranch Master Plan Area.

35.     Contract with EMC Planning Group, Inc. to provide consulting services for the preparation of the supplemental or subsequent Environmental Impact Report and Technical Analyses for the Bradbury Ranch Master Plan Area; and approve related Budget Transfer. (4/5 Vote Required)

36.     As authorized by Public Contract Code section 22050, determine that an emergency exists such that repairs to the damaged 400 foot section of railway at Castle Commerce Center should continue to be made without giving notice for bids to enter into contracts. (4/5 Vote Required)

CHILD SUPPORT SERVICES

37.     Approve and authorize the Chairman and the Director of Child Support Services to sign the Plan of Cooperation between Merced-Mariposa Regional Department of Child Support and California Department of Child Support Services.

AUDITOR

38.     Accept the Single Audit Report for the fiscal year ended June 30, 2020 that was filed with the State Controller's Office on March 26, 2021.

SHERIFF

39.     1) Add one Sheriff Dispatcher I/II, class 7748/6920, range 67.1/69.1 to Budget Unit 22110; 2) Change one Supervising Sheriff Dispatcher, position number 93, to range 71.0 in Budget Unit 22110; and 3) Approve the amendments to the Position and Salary Allocation Resolutions 06-120/A and 06-120.

HUMAN RESOURCES

40.     Contract with Liebert Cassidy Whitmore for Labor Relations/Legal Services.

EXECUTIVE OFFICE

41.     1) Direct staff to implement the actions in accordance with Elections Code Section 21500 et seq. to move forward with Merced County Supervisorial Redistricting for 2021; utilize staff and consultants to coordinate the project, obtain community input, and present draft maps for the Boards ultimate review and adoption; and 2) Approve and adopt the tentative schedule for the 2021 Merced County redistricting process, and allow for any related future adjustments to the timeline as necessary.

42.     1) Introduce an ordinance entitled, "An Ordinance Amending Sections 2.36.050, 16.12.020, 16.16.020, and 18.64.080 of the Merced County Code Modifying the Responsibilities of the Directors of Public Works and Community and Economic Development", and waive further reading; 2) Set possible adoption of said ordinance on the May 11, 2021 Board agenda.

BOARD OF SUPERVISORS

43.     Adopt Resolution urging Governor Newsom to use his administrative authority to adopt the federal weekly hours work standard for herders in California.

BOARD INFORMATION & POSSIBLE ACTION

         

44.     Elections re: Final certified results for the election held on March 30, 2021 for the Merced County Employees' Retirement Association Board General Member Seat #2, Safety Member Seat #7, and Alternate Retired Member Seat #8 commencing immediately upon certification of the election.

         

45.     Public Works re: Contract No. 2020188 was awarded to Clean Cut Landscape, Inc. of Clovis, CA in the amount of $828,444 for the Main Administration Building Landscape Improvements located at 2222 "M" Street, Merced, CA.

         

46.     Public Works re: Community Development Block Grant (CDBG) Award No. 20-CDBG-12031 Standard Agreement with the California Department of Housing and Community Development (HCD) will be signed by the Chairman effective April 27, 2021 and will subsequently be forwarded to HCD by the Department of Public Works.

         

47.     Central Valley Regional Water Quality Control Board re: Proposition 65 notification being made as a result of environmental investigations associated with the Former Castle Air Force Base located in Atwater, CA for perfluorooctane sulfonate (PFOS), perfluorooctanoic acid (PFOA), and groundwater impacts.

POSSIBLE DIRECTION FOR FUTURE AGENDA ITEMS

 

May

May 11, 2021

            Board Meeting

May 18, 2021

            Board Meeting

June

June 8, 2021

            Board Meeting

June 22, 2021

            Board Meeting