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, JUNE 8, 2021

 

Closed Session – 9:00 a.m.

Regular Meeting – 10:00 a.m.

Redistricting Public Hearing – 1:30 p.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 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):  1) Albert Flores v. County of Merced, Workers Compensation Appeals Board Case No. ADJ14180479 and ADJ9985026; 2) Aurora Rodriquez v. County of Merced, Workers Compensation Appeals Board Case No. ADJ9858966; and 3) Lee v. Warnke, et al., Eastern District Case No. 1:19-CV-01043-EPG (PC)

 

 

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 - 24)

 

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 and addition of land from the Agricultural Preserve pertaining to: a) PLA 21-001 located on the north side of E. Gerard Avenue, approximately 660 feet east of S. Plainsburg Road in the Le Grand area, b) PLA 21-003 located on the north side of W. Bird Street approximately 993 feet east of N. Livingston Cressey Road in the Livingston area, c) MS 21-004 located on the southwest corner of N. Monte Cristo Avenue and W. Mercedes Avenue in the Livingston area, d) MS 21-006 located on the southwest corner of W. American Avenue and N. Griffith Avenue in the Hilmar 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.


1:30 P. M.               EXECUTIVE OFFICE - REDISTRICTING PUBLIC HEARING

Presentation by the Countys demographic consultant outlining the redistricting process and Public Hearing to receive public input and testimony regarding Merced Countys supervisorial district boundaries and communities of interest per California Elections Code Section 21500 et seq.

RECOMMENDATION:

1) Receive presentation from National Demographics outlining the redistricting process;

2) Open Public Hearing and accept public comment;

3) Close Public Hearing; and,

4) Provide staff direction regarding the 2021 redistricting process.

 

 

 

 

 

 

REPORTS/BOARD DIRECTION

County Executive Officer, County Counsel, Board of Supervisors Members

CONSENT CALENDAR (Items # 1-24)

Public Works

1.        1) Adopt the Resolution designating the intersection of Emma Street and Third Street in the Snelling area as an all-way stop intersection; and, 2) Direct the Director of Public Works to post stop signs on the Emma Street approaches to its intersection with Third Street.

2.        1) Adopt the Resolution designating the intersection of Columbus Avenue and Bloss Avenue in the Hilmar area as an all-way stop intersection; and, 2) Direct the Director of Public Works to post stop signs on the Bloss Avenue approaches to its intersection with Columbus Avenue.

3.        1) Adopt the Resolution providing the placement of a stop sign on the northwest bound Bigler Drive approach to its intersection with Watt Street; and, 2) Direct the Director of Public Works to post a stop sign on the northwest bound Bigler Drive approach to its intersection with Watt Street.

4.        Approve Budget Transfer in the amount of $155,000 to increase appropriation to Merced Veterans ADA project due to unforeseen design and construction costs due to challenges with reuse and accessibility of the stage.

Health

5.        Approve and authorize the Director of Public Health or designee to sign and submit the updated Scope of Work and future Scope of Works to Contract No. 2020235  for the California Home Visiting Program - Maternal, Infant and Early Childhood Home Visiting.

6.        Approve and authorize the Director of Public Health or designee to sign and submit the updated Scope of Work and future Scope of Works to Contract No. 2020236  for the California Home Visiting Program State General Fund Innovation Project.

Behavioral Health and Recovery Services

7.        Approve and authorize the Chairman to sign Amendment to Contract No. 2016291 with Kings View Corporation to provide Patients' Rights Advocate services, revising the contract terms, and Exhibits A, B and E.

8.        Approve and authorize the Chairman to sign Amendment to Contract No. 2019305 with Turner Residential, Inc. for residential care services to Behavioral Health and Recovery Services consumers, revising insurance to meet County Standards, adding COVID-19 requirements, update Exhibit B, add Exhibit E, and revising Exhibit W.

9.        Approve and authorize the Chairman to sign Amendment to Contract No. 2018237 with Castle Family Health Centers for placement of County clinical staff to provide mental health and alcohol and drug services at their facilities in Atwater, involving no compensation, adding COVID-19 requirements, and amending Exhibits A and E.

10.     Approve and authorize the Chairman to sign Amendment to Contract No. 2018052 with Mental Health Management I, Inc., dba Canyon Manor, for locked placement of consumers who have chronic psychiatric impairments or severe behavioral problems to extend the contract term, revises sections 2, 3, and 7, adds COVID-19 requirements, and updates Exhibits A, B and E.

Human Services Agency

11.     Proclaim the month of June 2021 as "All Dads Matter Month".

12.     Proclaim the month of June 2021 as "Elder and Dependent Adult Abuse Awareness Month".

Child Support Services

13.     Approve and authorize the Chairman to sign Amendment to Contract No. 2019181 with Team Legal, Inc. for process server services.

Probation

14.     Approve and authorize the Chairman to sign Amendment to Contract No. 2018259 with Noble Software Group, LLC to provide online risk assessment and case plan management.

15.     Approve and authorize the Chairman to sign Amendment to Contract No. 2019221 with Aspiranet, Inc. to further provide psychosocial assessments of Resource Families.

16.     Approve and authorize the Chairman to sign Amendment to Contract No. 2009101 with Codding Enterprises for a one-year lease extension for property located at 3191 M Street in Merced.

17.     Approve Budget Transfer in the amount of $12,500 to establish a fixed asset to purchase two Hayworth workstations for the Pre-Trial Services office.

Sheriff

18.     Approve Budget Transfer in the amount of $5,800 to establish a fixed asset and to increase appropriation in the Sheriff Corrections budget unit to purchase a utility shed that will be utilized as a guard shack located at the entrance to the John Latorraca Correctional Facility to enhance security.

19.     Approve Budget Transfer in the amount of $50,000 to increase equipment lease account for the Axon Enterprise Inc. contract payment for FY 20/21 to be reimbursed from Trust 02610 Rural Small Counties. (4/5 Vote Required)

20.     Approve Budget Transfer in the amount of $24,685.70 to increase the Plane Operating Cost account due to additional repairs needed, additional cost is offset by an increase in revenue due to insurance proceeds. (4/5 Vote Required)

21.     Approve Budget Transfer in the amount of $20,000 to add funds to the Adobe Buildout project. Additional funding is needed to complete carpeting and doors in the civil wing. (4/5 Vote Required)

Elections

22.     Approve Budget Transfer in the amount of $16,000 for software and security upgrade to Windows 7 in connection with utilization of the voting systems software.

Human Resources/Risk Management

23.     Act on Claims for Damages submitted by Omar Ramirez, Daniel Leon Roberts and Application for Leave to Present a Late Claim submitted by Coleen Franzino as recommended by Risk Management and County Counsel.

Board Recognition

24.     Certificate of Recognition to Stevinson Pentecost Association in support of their 2021 Annual Religious Parade to be held on July 11, 2021.

REGULAR CALENDAR

BOARD ACTION

PUBLIC WORKS

25.     1) Ratify the Improvement Agreement between the County of Merced and J. Dean Construction, Inc. for Major Subdivision No. MAS04-016 (Braga Ranch) executed by the Director of Public Works; 2) Approve the Final Map for Major Subdivision No. MAS04-016 (Braga Ranch), located on Elliott Avenue and Station Avenue in the McSwain area; and, 3) Accept subject to improvement all offers of dedication for public use shown on said Final Map.

26.     Pulled

27.     Contract with Restore Merced for litter removal services along Santa Fe Avenue from North Highway 59 to Buhach Road.

28.     1) Approve and authorize the Chairman to sign the Special Services Agreement with CGL Companies, Inc. of Sacramento, CA, to finalize criteria documents and provide project/construction management services for a new 256 bed Maximum Security Facility at the John Latorraca Correctional Center and a Sheriff Administration Services Facility; and,  2) Approve related Budget Transfers. (4/5 Vote Required)

HEALTH

29.     Retroactively approve Memorandum of Understanding with California Department of Public Health to assign ten (10) state employees to increase case investigation and contact tracing in Merced County.

30.     Retroactively approve the California Department of Public Health Grant Agreement No. 20-10718 for the Prevention Forward Grant for an amount not to exceed $224,214.

31.     Approve and authorize the Chairman to sign Provider Participation Agreement between the Local Government Agency and Department of Health Care Services in regards to participating in the Targeted Case Management Program.

32.     Relieve the Merced County Department of Public Health of liability for fixed assets 37132, 54143, 54144, 54145, 54146, 54151, 54152, 54153, 54155, 57356, 57359, 57360, 57366, 57369, 49080, 54408 by allowing the Auditor's office to remove the items from the Department of Public Health's Inventory.

33.     Approve and authorize the Director of Public Health or designee to sign and submit the updated Scope of Work and future Scope of Works to Contract No. 2020152 for the California Home Visiting Program - State General Fund Expansion.

BEHAVIORAL HEALTH AND RECOVERY SERVICES

34.     Contract with 7th Avenue Center, LLC for Mental Health Rehabilitation Center services.

35.     Contract with Community Social Model Advocates, Inc. for alcohol and drug residential recovery services.

36.     1) Retroactively approve and authorize Behavioral Health and Recovery Services to submit The Adverse Childhood Experiences (ACEs) Aware initiative, Trauma-Informed Network of Care Grant funds application for an anticipated amount of $300,000; and 2) Approve and authorize the Chairman to sign the new Grant Agreement with Aurrera Health Group for the ACEs Aware Initiative, Network of Care Grant, retroactively for $300,000.

37.     1) Approve and authorize Behavioral Health and Recovery Services to submit Mental Health Block Grant (MHBG) Application documents for 2021-2022 to the State Department of Health Care Services (DHCS) for approval for the amount of $1,370,019; 2) Authorize the Director of Behavioral Health and Recovery Services to sign all MHBG documents necessary for submittal of application; and 3) Return to the Board upon receipt of approval by DHCS of MHBG Application documents.

HUMAN SERVICES AGENCY

38.     Adopt Resolution approving and authorizing the Chairman to execute a new State Revenue Contract No. AP-2122-31 with the California Department of Aging for Senior Service Programs.

39.     Adopt Resolution approving and authorizing the Chairman to execute State Revenue Contract No. HI-2122-31 and form CDA1024 with the California Department of Aging for Health Insurance Counseling Advocacy program services.

COMMUNITY AND ECONOMIC DEVELOPMENT

40.     1) Adopt the Resolution authorizing an agreement with Telcion Communications Group to provide telecommunications technology procurement solutions through the County's FOCUS Program to other public agencies; 2) Approve and authorize the Chairman to sign the agreement with Telcion Communications Group allowing Telcion Communications Group to participate in the County's FOCUS Program, subject to the payment of the County's administrative fee, providing telecommunications technology procurement solutions to public agencies; and 3) Authorize the Chairman to sign the Telcion Communications Group contract award announcement letter.

41.     1) Approve and authorize the Chairman to sign the Memorandum of Understanding between the County of Merced and City of Merced, relating to the Virginia Smith Trust Development Plan and other associated land use entitlements; 2) Direct staff to accept an application for, and initiate the analysis and development of, a specific plan for the Virginia Smith Trust project area in accordance with the policies and implementation measures of the University Community Plan, including revisions to the University Community Plan Boundary Area to be consistent with boundaries identified in the UC Merced Long Range Development Plan and City of Merced Specific Urban Development Plan, and also including the preferred alignment for Campus Parkway Segment IV agreed to by the County, City of Merced, UC Merced, and Virginia Smith Trust; and 3) Authorize the Director of Community and Economic Development to carry out the provisions of the MOU.

PROBATION

42.     Pulled

SHERIFF

43.     1) Approve the Memorandum of Understanding (MOU) between Fresno County Sheriff-Coroner and Merced County Sheriff's Office for participation and reimbursement of High Intensity Drug Trafficking Area (HIDTA) overtime and expenses; and 2) Authorize the Sheriff to sign the MOU with CEO and Counsel approval.

44.     Contract with Winton School District for a School Resource Officer.

45.     Approve the retirement and sale of Sheriff's Department canine "Ace" for $1.00 and authorize the Chairman to sign the sales agreement.

46.     1) Establish and allocate the classification of Extra Help Sheriff Pilot, classification 0947, salary range up to $55.00/hour to Budget Unit 22100 and approve the classification specification; 2) Establish and allocate the classification of Extra Help Veterinarian, classification 0948, salary range up to $150/hour to Budget Unit 28700 and approve the classification specification; and, 3) Approve the amendments to the Position and Salary Allocation Resolutions 06-120/A and 06-120.

FIRE

47.     1) Continue Mike Van Loben Sels as the Merced County Fire Chief and the Merced County Office of Emergency Services Director under Merced County Code Chapter 2.72; 2) Appoint Mark Pimentel as the Merced County Division Chief and the Merced County Office of Emergency Services Deputy Director - Operations pursuant to County Ordinance No. 1567; 3) Continue David Scheurich as the Merced County Office of Emergency Services Battalion Chief and the Merced County Office of Emergency Services Deputy Director - Administration pursuant to County Ordinance No. 1567; and adopt the Resolution to designate Authorized Agents for the Merced County Office of Emergency Services.

WORKFORCE INVESTMENT

48.     Retroactively approve contract with Employers' Training Resource (ETR) to provide training opportunities to individuals affected by the opioid crisis.

ELECTIONS

49.     1) Adopt the Resolution to call for an all mail special election on November 2, 2021 to fill the Los Banos Unified School District, Trustee Area 1 vacancy; and, 2) Authorize the Elections division of the Merced County Registrar of Voters to procure and furnish those election services requested by Los Banos Unified School District as more fully set forth in their Resolution No. S-2021-08, and to submit a cost bill to Los Banos Unified School District for reimbursement of the election services provided to them.

50.     Authorize and support the Registrar of Voters to conduct Vote Center model elections in conjunction with the California Voter's Choice Act effective with the possible Governor Recall Special Election in 2021.

HUMAN RESOURCES/RISK MANAGEMENT

51.     Contract with Pegasus Risk Management to provide workers' compensation claims administrative services.

52.     Approve the modifications to the following job classification specifications: Facility Assistant, Librarian I/II, Library Assistant I/II, Library Resource Technician I/II, County Veterans Service Officer, and Deputy County Executive Officer.

BOARD INFORMATION & POSSIBLE ACTION

         

53.     Community and Economic Development re: Foreign-Trade Zone Operating Agreement with Heilind Electronics, Inc. has been signed by the Board Chairman.

         

54.     Fish and Game Commission re: Notice of Final Consideration of Petitions to list Clara Hunt's milkvetch (Astragalus claranus), Northern California summer steelhead (Oncorhynchus mykiss) and Upper Klamath-Trinity River spring Chinook salmon (Oncorhynchus tshawytscha) as threatened or endangered species for its June 16-17, 2021 meeting. Consideration of the petitions will be heard June 16, 2021 via webinar/teleconference.

POSSIBLE DIRECTION FOR FUTURE AGENDA ITEMS

 

June

            June 22, 2021

            Board Meeting

July

            July 13, 2021

            Board Meeting

            July 27, 2021

            Board Meeting