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

 

AGENDA

TUESDAY, MAY 11, 2021

 

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.

 

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

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 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 #146-143-019, (+/- 1.86 acre) 7099 California St., and APN #146-143-020 (+/- acre) adjacent lot, in the Winton area.

Agency Negotiator:  Dana Hertfelder, Director of Public Works

Negotiation Party:  Andy Krotik, American Realty, Inc.

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 Pastor Phil Jenkins, Mount Olive Missionary Baptist Church/PLEDGE OF ALLEGIANCE

PUBLIC OPPORTUNITY TO SPEAK ON ANY MATTER OF PUBLIC INTEREST WITHIN THE BOARD'S JURISDICTION INCLUDING ITEMS ON THE BOARD'S AGENDA, EXCEPT FOR THOSE ITEMS SPECIFICALLY SCHEDULED AS PUBLIC HEARINGS (Testimony limited to three minutes per person)

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

 

PUBLIC HEARING:

COMMUNITY AND ECONOMIC DEVELOPMENT - PUBLIC HEARING

To consider the Winton Community Plan Update (GPTA16-004/ZC16-003/CP16-003

RECOMMENDATION:

1) Open the Public Hearing and receive testimony;

2) Close the Public Hearing;

3) Approve the Winton Water Supply Assessment (July 2020), adopt the CEQA Findings of Fact, the Statement of Overriding Considerations, and the Mitigation Monitoring Program; 

4) Certify the Final Environmental Impact Report;

5) Adopt the Resolution adopting the proposed Winton Community Plan (CP16-003), and General Plan Text Amendment No. GPTA16-004; and

6) Adopt the Ordinance for Zone Change ZC16-003 which changes the zoning designations for various properties within the Winton Community Plan boundary.

 

 

 

 

 

REPORTS/BOARD DIRECTION

County Executive Officer, County Counsel, Board of Supervisors Members

CONSENT CALENDAR (Items # 1-9)

Public Works

1.        Approve Budget Transfer in the amount of $23,500 to move appropriation. Project estimate provided by design firm for the Ballico Park Irrigation and Courthouse Park Irrigation Project were higher than available appropriation in the fixed assets.

2.        Approve and authorize the Chairman to sign Amendment to Contract No. 2020163 (JOC-013) with DMC Construction, for building construction remodeling, repairs and maintenance services.

Behavioral Health and Recovery Services

3.        Approve and authorize the Chairman to sign Amendment to Contract No. 2018068 with Merced Behavioral Center for client placement services, updating the insurance terms and revising Exhibit B, E and F.

Human Services Agency

4.        1) Adopt a Resolution approving and authorizing the Chairman to execute Amendment to Contract No. 2020168 (State Revenue Contract #SP-2021-31) with the California Department of Aging for Supplemental Nutrition Assistance Program Education Services program (SNAP-Ed); and 2) Approve the associated Budget Transfer. (4/5 Vote Required)

Sheriff

5.        Approve associated Budget Transfers in the amount of $1,000,000 to appropriate unanticipated revenue received from the State for the Jail project. (4/5 Vote Required)

Board Recognition

6.        Certificates of Recognition to Jessye Juarez and Emanuel Hurtado Angel for volunteering and supporting the Community of Planada, presented April 24, 2021.

7.        Certificate of Recognition to Ochoa-Jantz Insurance Agency of Atwater for their Grand Opening and Ribbon Cutting Ceremony, presented May 5, 2021.

8.        Authorize Proclamation in Recognition of May 6, 2021 as "National Day of Prayer" in the County of Merced.

9.        Certificates of Recognition to Don Collier for receiving the Good Samaritan Award and Nadianna Lopez for receiving the Youth Good Samaritan Award, presented May 6, 2021.

REGULAR CALENDAR

BOARD ACTION

PUBLIC WORKS

10.     1) Approve the Final Map for Villa Cordoba Unit No. 2, Phase 3, Major Subdivision No. 07-002 located in the Hilmar Community Plan area; and 2) Accept subject to improvement all offers of dedication for public use shown on said Final Map.

11.     1) Approve the Capital Improvement Project description change from Merced County Agricultural Center Roof Repair to Merced County Agricultural Center Roof Replacement; 2) Adopt the Plans and Specifications for the Merced County Agricultural Center Roof Replacement; 3) Authorize the Department of Public Works to advertise said Plans and Specifications for a Public Bid Opening; 4) Authorize the Director of Public Works to award a Construction Contract to the lowest responsible bidder provided said bid is within the established budget; 5) Authorize the Chairman to execute said Construction Contract upon review of the Department of Public Works, Risk Management and County Counsel; 6) Direct the Department of Public Works to return to the Board of Supervisors with an informational item describing all actions taken; and 7) Approve the associated Budget Transfer.

12.     1) Establish the Merced County Elections /Warehouse Reroof Replacement and Wall Repair as a Capital Improvement Project (CIP); 2) Adopt the Plans and Specifications for the Merced County Elections/Warehouse Roof Replacement and Wall Repair; 3) Authorize the Department of Public Works to advertise said Plans and Specifications for a Public Bid Opening; 4) Authorize the Director of Public Works to award a Construction Contract to the lowest responsible bidder provided said bid is within the established budget; 5) Authorize the Chairman to execute said Contract upon review of the Department of Public Works, Risk Management and County Counsel; 6) Direct the Department of Public Works to return to the Board of Supervisors with an Informational item describing all actions taken; and 7) Approve the associated Budget Transfer.

13.      1) The Director of Public Works requests the Board find that substantial evidence demonstrates that an emergency exists regarding double doors serving Merced County Probation at 1800 Wardrobe Avenue, such that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency (4/5 Vote Required); 2) Pursuant to Public Contract Code section 20134, approve replacing the double doors serving Merced County Probation at 1800 Wardrobe Avenue without adopting plans, specifications, strain sheets or working details and authorize the Director of Public Works to enter into contracts after review by County Counsel and Risk Management to have the work performed; and 3) Approve the associated Budget Transfer.

HEALTH

14.     Contract with Sierra Vista Child and Family Services to provide in-home case management services to pregnant and early post-partum women.

15.     1) Ratify the submission of the Application Certification of the Solid Waste Local Enforcement Agency grant application for Fiscal Year 2021-2022 to support local solid waste enforcement programs;  2) Authorize the Public Health Director or designee to submit the online grant application and any administrative requests necessary to secure the grant funds and implementation of the project when approved; and 3) Adopt the Resolution authorizing submission of grant application to the California Department of Resources Recycling and Recovery and return to the Board for contract approval if awarded.

16.     Ratify the Contract with AAA Northern California, Nevada and Utah for a grant to purchase car seats/booster seats in the amount of $4,200.

HUMAN SERVICES AGENCY

17.     Retroactively approve Contract with Merced County Office of Education-Family Resource Center (MCOE-FRC) to provide an agency representative to participate in meetings via Zoom and/or in-group meetings.

18.     Contract with Aspiranet to provide Child and Family Team meeting services.

19.     Contract with Merced County Office of Education to provide an emergency Child Care Bridge Program for foster children.

20.     Contract with Merced County Office of Education-Regional Occupation Program to provide vocational training services for Welfare-to-Work participants.

21.     Approve the Fiscal Year 2021-2022 Area Plan Update for the Merced County Area Agency on Aging; and authorize the Chairman to sign the Transmittal Letter.

FIRE

22.     Contract with the City of Los Banos governing the dispersal of $19,995 from the Fiscal Year 2018 Homeland Security Grant Program to reimburse the City of Los Banos for the purchase of portable radios.

SHERIFF

23.     Approve and authorize the Chairman to sign Amendment to Administrative Services Contract No. 13354 with CFMG for Jail Intake COVID-19 Testing Lab Costs.

PUBLIC DEFENDER

24.     1) Ratify submission of the application to the Board of State and Community Corrections for the Indigent Defense Grant Program; 2) Accept grant funding in the amount of $984,900 and authorize the Public Defender to execute all documents relating to the grant application and award; 3) Add 2 Legal Clerk I/II positions, classification 5325/5326, range 62.7/64.7 and 1 Investigative Assistant position classification 1396, range 69.3 in Budget Unit 20600; 4) Authorize the reduction in force of the Investigative Assistant position created above, classification 1396 in Budget Unit 20600, effective July 2, 2023; and 5) Approve amendments to the Position Allocation Resolution 06-120A.

TREASURER

25.     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 $691,146.75. The remaining funds that do not have a valid claim totaling $44,696.94 per Exhibit "A" and "B" are to be transferred to Trust Fund #02000-02080 Property Taxes-Tax Loss Reserve.

26.     1) Adopt the Resolution to be signed by the Clerk of the Board to authorize the Tax Collector to approve minor revisions to Excess Proceeds distribution after Board of Supervisor approval; and 2) Accept the Tax Collector's Policy regarding the submission of Claims for Excess Proceeds.

COUNTY COUNSEL

27.     Deny the Claim for Refund of Property Taxes claim submitted by BNSF Railway Company for the amount of $28,276.19 levied for the Fiscal Year of 2015-2016 and authorize the Chairman to execute and direct the Clerk to send the Denial of Claim.

28.     Deny the Claim for Refund of Property Taxes claim submitted by BNSF Railway Company for the amount of $29,445.90 levied for the Fiscal Year of 2016-2017 and authorize the Chairman to execute and direct the Clerk to send the Denial of Claim.

29.     Deny the Claim for Refund of Property Taxes claim submitted by Pacific Bell for the amount of $167,432 levied for the Fiscal Year of 2016-2017 and authorize the Chairman to execute and direct the Clerk to send the Denial of Claim.

30.     Deny the Claim for Refund of Property Taxes claim submitted by AT&T Mobility, LLC for the amount of $50,136 levied for the Fiscal Year of 2016-2017 and authorize the Chairman to execute and direct the Clerk to send the Denial of Claim.

31.     Deny the Claim for Refund of Property Taxes claim submitted by Sprint PCS for the amount of $12,272.84 levied for the Fiscal Year of 2016-2017 and authorize the Chairman to execute and direct the Clerk to send the Denial of Claim.

32.     Deny the Claim for Refund of Property Taxes claim submitted by T-Mobile West, LLC for the amount of $20.459.48 levied for the Fiscal Year of 2016-2017 and authorize the Chairman to execute and direct the Clerk to send the Denial of Claim.

33.     Deny the Claim for Refund of Property Taxes claim submitted by CenturyLink Communications, LLC for the amount of $15.667.51 levied for the Fiscal Year of 2016-2017 and authorize the Chairman to execute and direct the Clerk to send the Denial of Claim.

EXECUTIVE OFFICE

34.     1) Approve the following departmental personnel actions: 1) DPW Administration – Budget Unit 16100, Add: 1 Construction Project Manager, Add: 1 Staff Services Analyst I/II; 2) DPW Building Division – Budget Unit 16300, Add: 1 Building Inspector I/II, Add: 1 Building Inspector III; Change: 1 Deputy Building Official (Pos 11) (Mgt Level C), To: Deputy Director – Buildings (Mgt Level B); 3) Commerce, Aviation & Economic Development – Budget Unit 18200, Add: 1 Director of Admin Services; 4) Fire – Budget Unit 2500, B/U 25005, Change: 2 Fire Prevention Inspector I/II/III (Pos 10,11), To: Building Inspector I/II (Pos 9,17) in B/U 16300; 5) Water Resources – Budget Unit 29100, Change: 1 Water Resources Coordinator (Pos 3), To: Water Resources Manager; 6) Castle Airport Development Center – Budget Unit 75200, Change: 1 Castle-Airport Manager (Pos 16), To: Airport Coordinator; 2) Authorize the reduction in force of the following three filled positions effective June 20, 2021: 1) DPW Administration - Budget Unit 16100, Delete: 1 Supervising Architect (Pos 27); 2) Commerce, Aviation & Economic Development – Budget Unit 18200, Delete: 1 Fiscal Manager (Pos 4); 3) Community & Economic Development – Budget Unit 28500, Delete: 1 County Office Supervisor (Pos 2); 3) Approve modifications to classification specifications for Building Inspector I/II, Building Inspector III, Deputy Director – Buildings, Water Resources Manager and Airport Coordinator; 4) Approve the amendments to the Position and Salary Allocation Resolutions 06-120A/06-120; 5) Adopt an ordinance, introduced on April 27, 2021, 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”; 6) Upon effective date of the above Ordinance, transfer authority, supervision and oversight over the Buildings Division functions and all operations of Budget Unit 16300 from the Director of Public Works to the Director of Community and Economic Development; and 7) Direct staff to prepare and submit a program plan to the California Department of Public Health related to possible transfer of the Environmental Health Division from the Public Health Department to the Community and Economic Development Department.   

35.     1) Approve the request from Clayton 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 Clayton Water District is not seeking to have the elections conducted by the County Elections Official; 2) Extend the term of the Clayton Water District Board members whose terms would have expired in 2021 to 2022; and 3) Extend the term of the Clayton Water District Board members whose terms would have expired in 2023 to 2024. 

BOARD APPOINTMENTS

36.     Appoint John Slate to the Emergency Medical Care Committee as the Merced County Fire Department Position to serve at the Pleasure of the Board.

37.     Reappoint Iris N. Mojica de Tatum to serve as a member of the Behavioral Health Board, representing District 1, until June 30, 2024.

38.     Appoint Cindie Dibblee to serve as a member of the First 5 Commission, representing District 2 until May 10, 2024; and Affirm the Commission members as currently constituted.

39.     1) Reappoint Amy Mello as a Child Care Provider Representative and Sheilah Brooks as a Community Representative for the Merced County Collaborative for Children and Families; both with a term expiring June 30, 2022; and 2) Authorize the Board Chair to sign the Certification Statement Regarding Composition of LPC Membership as required by the California Department of Education.

BOARD INFORMATION & POSSIBLE ACTION

         

40.     Human Services Agency re: Contract No. 2021026 was awarded to Central Valley Opportunity Center of Winton, California in the amount of $8,055,908 for the operation of the Emergency Rental Assistance program for the term of February 9, 2021 through April 1, 2022. On May 11, 2021, Amendment No. 1 to Contract No. 2021026 was executed by the County Executive Officer upon review of County Counsel and Risk to amend the scope of work based on updated U.S. Department of Treasury Guidance in the form of Frequently Asked Questions document published on March 26, 2021.

         

41.     State of California Wildlife Conservation Board re: Proposal to consider the allocation of funds for a grant to study greenhouse gas reductions on inland seasonal wetlands, native perennial bunchgrass, and riparian habitat on publicly-owned land in Merced County.

         

42.     State Water Resources Control Board re: Notice of Petition for temporary change involving the transfer of up to 3,520 acre-feet of water from Tule Basin Farms to various state water project contractors under license 2840 (Application 10030).

POSSIBLE DIRECTION FOR FUTURE AGENDA ITEMS

 

May

May 18, 2021

            Board Meeting

June

June 8, 2021

            Board Meeting

June 22, 2021

            Board Meeting