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, JULY 13, 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.

 

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 COMMENTS

 

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 (see information below regarding public hearing public comments) 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.

 

In PersonPlease raise your hand when requested and you will be directed to the podium. 

 

VoicemailPlease call (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.  If commenting on an agenda item, please identify the agenda item number in your voicemail. 

 

In an effort to assist the Clerk, (if leaving a voicemail 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.

 

EmailEmail 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.

 

 

 

 

PUBLIC HEARINGS – PUBLIC COMMENTS

 

Public opportunity to speak regarding public hearings will be heard following the reading of the public hearing. 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.

 

In Person: Please raise your hand when requested and you will be directed to the podium

 

VoicemailPlease call (209) 726-2755. All 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. Voicemails will be limited to three minutes in length and will be played during the meeting, as time allows.

 

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.

 

EmailEmails directed to the public hearing will be accepted up to and during the public hearing. Emails will not be read during the meeting, but will be delivered to the Board of Supervisors. Please send email public comments to the Clerk of the Board at specialmeetingcomments@countyofmerced.com. These comments will be made part of the record.

 

In an effort to assist the Clerk in identifying the public hearing agenda item relating to your public comment please indicate in the Subject Line, the subject matter. 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.



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.

 

The REGULAR MEETING is divided into three sections:

·         CONSENT CALENDAR: These matters include routine financial and administrative action and usually are approved by a single vote.

·         REGULAR CALENDAR: These items include significant policy and administrative actions.

·         SCHEDULED ITEMS: These items are noticed hearings, work sessions and public hearings

 

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.

 

 

 

Closed sessions

8:30 A.M.  CLOSED SESSION

 

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 (TESTIMONY 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. County of Merced, et al v. Amerisourcebergen Drug Corporation et al.; Case No. 1:18-op-45643-DAP (1:17-MD-2804).

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): One Case.

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 #030-272-016, 548 W. 21st St., Merced, CA

Agency Negotiator:  Dana Hertfelder, Director of Public Works

Negotiation Party:  Eddie La Plante, Realtor, Next Door Real Estate

Under Negotiation:  To request authority to negotiate proposed purchase

CLOSED SESSION:

It is the intention of the Board to meet in Closed Session pursuant to Government Code Section 54947: PUBLIC EMPLOYEE APPOINTMENT, Title: County Executive Officer

 

 

 

GOVERNMENT CODE SECTION 54954.2 COMPLIANCE (LATE AGENDA ITEMS)

 

 

10:00 A. M.   REGULAR MEETING

 

INVOCATION by Genevieve Valentine, Director of Behavioral Health and Recovery Services/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 - 19)

 

 

 

REPORTS/BOARD DIRECTION

County Executive Officer, County Counsel, Board of Supervisors Members

 

Session Items (Placeholder Section)

CONSENT CALENDAR (Items # 1-19)

Public Works

1.        1) Adopt a Resolution designating the intersection of Columbus Avenue and American 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 American Avenue approaches to its intersection with Columbus Avenue.

2.        1) Adopt a Resolution designating the intersection of Columbus Avenue and Geer 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 Geer Avenue approaches to its intersection with Columbus Avenue.

3.        1) Adopt a Resolution designating the intersection of Yosemite Avenue and Lake Road in the Merced area as a two-way stop intersection; and 2) Direct the Director of Public Works to post a stop sign on the Yosemite Avenue westbound approach to its intersection with Lake Road.

4.        Approve and authorize the Chairman to sign Amendment to Contract No. 2020163 (JOC-013) with Marvulli, Inc., dba DMC Construction, for Building Construction Remodeling, Repairs and Maintenance Services.

5.        Approve retroactive Budget Transfer in the amount of $415,000 to adjust appropriations to perform necessary repairs and replacement of equipment in the John Latorraca Correctional Center Kitchen resulting from damage sustained in an explosion and fire that occurred on June 22, 2021.

Health

6.        Approve and authorize the Chairman to sign Amendment to Contract No. 2019070 (State Contract No. 18-10553) with the California Department of Public Health to implement the Racial and Ethnic Approaches to Community Health project.

7.        Approve and authorize the Chairman to sign Addendum to Contract No. 2021110 (PPA #24-21EVRGRN) with the Department of Health Care Services for Targeted Case Management services.

Behavioral Health and Recovery Services

8.        Approve and authorize the Chairman to sign the retroactive Amendment to Contract No. 2019372 with Ever Well Health Systems, LLC, for board and care services for the elderly.

Community and Economic Development

9.        Approve and authorize the Chairman to sign Amendment to Contract No. 2020155 with the Merced Subbasin Groundwater Sustainability Agency (GSA) for support services from the Community and Economic Development Department, to extend the term for one year and increase the payment from the GSA to Merced County to the maximum amount of $135,000.

10.     Approve and authorize the Chairman to sign the amended and restated Contract No. 2015222 for the San Joaquin Valley Water Infrastructure Authority joint powers authority agreement.

Fire

11.     Approve and authorize the Chairman to sign Amendment to Contract No. 2019371 with The Regents of the University of California, on behalf of its Merced Campus, for Stop-Gap Fire Protection Services.

12.     Approve Budget Transfer in the amount of $10,000 to establish appropriations for the purchase of a used Type III Fire Apparatus (wildland fire engine) from Cal Fire.

13.     Approve Budget Transfer in the amount of $485,353 to establish prior year appropriation (FY2020/2021) for COVID-19 Vaccination Clinic costs to be funded by Public Health's COVID-19 ELC Enhancing Detection Expansion grant funds. (4/5 Vote Required)

Probation

14.     Proclaim the week of July 18-24, 2021 as "Probation Services Week".

Sheriff

15.     Approve and authorize the Chairman to sign Amendment to Contract No. 2012188 with Global Tel*Link for telephone communication services for adult inmates housed in the Sheriffs Correctional Facilities.

Human Resources / Risk Management

16.     Act on Claims for Damages submitted by Huey Victor Cobb and Armando Diaz as recommended by Risk Management and County Counsel.

Executive Office

17.     Approve Budget Transfers in the amount of $2,238,718.44 and $9,252,911.00 to remove utilized CARES funds previously allocated by the Board to various projects for Social Distancing, Emergency Rental Assistance, Outreach and Engagement, Personal Protective Equipment/Sanitization supplies, and Technology/Telework Support and to reimburse Cares eligible salaries and benefits related to Public Health, Public Safety, DOC operations, and Community Outreach and Engagement activities as well as COVID Emergency Sick Leave, reimbursements for Behavioral Health and Recovery Services hospitalizations and Technology Upgrades.

18.     Correct the scheduled fiscal year 2021-22 final budget hearings to September 21, 2021 at 10:00 am and advertise the final budget hearings accordingly.

Board Recognition

19.     Certificates of Recognition to various individuals for being selected by their agencies as Officer of the Year.

REGULAR CALENDAR

BOARD ACTION

PUBLIC WORKS

20.     1) Introduce an ordinance entitled "An Ordinance Amending Chapter 5.64 of the Merced County Code to Maintain Fiscal Year 2020/2021 User Charge Rates in Fiscal Year 2021/2022 for Zones of Benefit in County Service Area Number One and to Update Zone of Benefit Purpose and Intent Language for Consistency with State Law", and waive further reading; and 2) Set possible adoption of said ordinance on the July 27, 2021 Board Agenda.

21.     Adopt a Resolution authorizing the Director of Public Works or designee to sign the Regional Surface Transportation Program Exchange Fund Apportionments Claim for Fiscal Year 2020/2021 in the amount of $925,430.80 and submit said Claim to the Merced County Association of Governments for processing.

22.     Find that substantial evidence demonstrates that an emergency continues to exist regarding the HVAC Systems at the Los Banos Spring Fair - Germino Building, 403 F St., Los Banos, 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)

23.     Find that substantial evidence demonstrates that an emergency continues to exist regarding the access control system at seven (7) different Sheriff locations, 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)

24.     1)  Find that substantial evidence demonstrates that an emergency exists regarding the drinking water well at the John Latorraca Correctional Center (JLCC) 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 construction of a drinking water replacement well at JLCC 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 transfers. (4/5 Vote Required)

HEALTH

25.     Approve termination of Contract No. 2019276 with EMSystems, LLC, Juvare, Inc., effective September 30, 2021.

26.     1) Ratify the Agreement Funding Application to the California Department of Public Health for the Maternal, Child, and Adolescent Health program; and 2) Authorize the Director of Public Health or designee to sign all relevant documents associated to the Agreement Funding Application.

27.     Approve retroactive revenue Agreement with the Merced County Office of Education for the participation of Merced County Department of Public Health staff in the planning and development of the Adverse Childhood Experiences Aware Initiative, a Trauma-Informed Network of Care.

BEHAVIORAL HEALTH AND RECOVERY SERVICES

28.     1) Approve the retroactive Termination of Contract No. 2017076 with Dr. John M. Yarbrough, M.D., M.B.A., effective June 30, 2021; 2) Approve and authorize the Chairman to sign a new retroactive contract with Dr. John M. Yarbrough, M.D., M.B.A., for the provision of child psychiatric services; and 3) Direct Behavioral Health and Recovery Services to return to the Board for further action once the vacant Staff Psychiatric position has been filled.

29.     Approve the new retroactive contract with Lifestyle Management Drydock, Inc. for Behavioral Health and Recovery Services oversight of Lifestyle Management's First Offender and Multiple Offender Drinking Driver Program services.

30.     Adopt a Resolution to approve and authorize the Chairman to sign an agreement (State Agreement No. 21-10030) with California Department of Health Care Services to provide Drug Medi-Cal Organized Delivery System services.

HUMAN SERVICES AGENCY

31.     Approve retroactive Contract with the Merced County Rescue Mission for Congregate Site Management Meal Program.

COMMUNITY AND ECONOMIC DEVELOPMENT

32.     Contract with Environmental Planning Partners, Inc., to prepare an Initial Study, Environmental Impact Report and Technical Analyses for the Melo Dairy Biogas Expansion Project (CUP21-001).

33.     Contract with Melo Dairy Biogas, LLC for the payment of costs charged by Environmental Planning Partners, Inc. for the preparation of an Initial Study, Environmental Impact Report and Technical Analyses for the Melo Dairy Biogas Expansion Project (CUP21-001).

34.     1) Adopt a Resolution authorizing an agreement with AT&T Corp. to provide telecommunications technology procurement solutions through the County's Fast Open Contracts Utilization Services (FOCUS) Program to other public agencies; 2) Approve and authorize the Chairman to sign the agreement with AT&T Corp. allowing AT&T Corp. 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 AT&T Corp. contract award announcement letter.

AUDITOR

35.     Approve the Merced County Internal Audit Policy.

FIRE

36.     Contract for cost sharing with the City of Gustine for the replacement of the Heating Ventilation and Air Conditioning system at the Gustine Fire Station located at 686 3rd Street, Gustine.

PROBATION

37.     Contract with the Merced County Office of Education to provide an educational/vocational program to eligible youth with paid work experience through the RISE program.

38.     Approve retroactive revenue agreement with Merced County Office of Education - Family Resource Center, for the Adverse Childhood Experiences Aware Initiative, Network of Care collaboration.

39.     Memorandum of Understanding with the Stanislaus County Probation Department to provide mutual aid services in the event of an emergency specified in Juvenile Title 15 Standards, Section 1327.

40.     1) Adopt a Resolution ratifying the Chief Probation Officer's submission of a grant proposal and authorizing the Board Chair to sign the grant agreement with the Board of State and Community Corrections for participation in the Youth Programs and Facilities Grant Program funded by the State of California; and 2) Direct the Chief Probation Officer to return to the Board upon receipt of approval and award of the Youth Programs and Facilities Grant funds.

41.     Contract with the Merced County Office of Education to provide eligible juvenile justice facility youth with educational and vocational services.

SHERIFF

42.     Contract for special services with the Merced County Office of Education to provide education services to inmates confined in the Merced County Jail facilities.

43.     1) Introduce an ordinance entitled, "An Ordinance Relating to the Redemption of Impounded Animals" amending Title 7, Chapter 7.04 of the Merced County Code, and waive further reading; and 2) Set possible adoption of said Ordinance on the July 27, 2021 Board Agenda.

TREASURER

44.     1) Approve the Application for Relief of Accountability as submitted by the Tax Collector for collection of unsecured property taxes duly assessed for the calendar years 2009 and 2010 and other accounts deemed uncollectible, in the amount of $818,343.98 plus $81,827.46 in penalties and $6,170.00 in fees and costs as submitted on Exhibit A; and 2) Execute the Order of Relief of Accountability and authorize the Auditor-Controller to reduce the outstanding delinquent unsecured tax role by the sum of $906,341.44.

WORKFORCE INVESTMENT

45.     Contract with Arbor E&T LLC, dba Equus Workforce Solutions to provide Workforce Innovation and Opportunity Adult and Dislocated Worker services.

EXECUTIVE OFFICE

46.     1) Memorandum of Understanding with Golden State Finance Authority (GSFA) to apply for a grant for the development of a countywide Broadband Strategic Plan, term to begin on July 14, 2021 and to end upon completion of a countywide Broadband Strategic Plan if awarded or shall terminate upon GSFA's receipt of notice of disapproval from the U.S. Department of Commerce, Economic Development Administration; and 2) Direct Staff to return to the Board with the application results.

47.     Contract with the California Government Operations Agency, to receive funds in support of accelerating COVID-19 vaccinations throughout the County of Merced.

BOARD APPOINTMENTS

48.     Appoint Jeff Segars, to the Merced County Workforce Development Board as stated in WIOA Section 107(b)(2) to fill a vacant seat as a Business Representative until June 30, 2024.

49.     Reappoint Tomas F. Mendoza to serve as a member of the Delhi Municipal Advisory Council, until January 3, 2023.

50.     Reappoint Marcie Rodrigues until June 7, 2023 and Toni Russell and LeAne Sousa until June 7, 2025 to serve as members of the Los Banos Cemetery District.

BOARD INFORMATION & POSSIBLE ACTION

         

51.     Community and Economic Development re: Emergency project to replace 87 railroad cross ties at Castle Commerce Center pursuant to California Public Contract Code section 22050.

         

52.     Executive Office re: Disclosure of donations received in excess of $10,000.

         

53.     State Water Resources Control Board re: 2021 Petition for Change involving a proposed 100,000 Acre Foot Water Transfer between Oakdale and South San Joaquin IDS and San Luis Delta Mendota Water Authority.

 

FUTURE BOARD OF SUPERVISOR MEETINGS

 

July

            July 27, 2021

            Board Meeting

August

            August 10, 2021

            Board Meeting

            August 24, 2021

            Board Meeting