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 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.

 

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

 

CLOSED SESSION - CONFERENCE WITH REAL PROPERTY NEGOTIATOR:

It is the intention of the Board to meet in Closed Session concerning a Conference with Real Property Negotiator(s) Dana Hertfelder, Director of Public Works pursuant to Government Code Section 54956.8 as follows:

Property:  APN #004-010-015 and APN #004-010-014 two parcels totaling 3.0 +/- acres in the Atwater area.

Agency Negotiator:  Dana Hertfelder, Director of Public Works

Negotiation Party:  Dan Gallagher, Coldwell Banker Commercial, Gonella Realty

Under Negotiation:  To request authority to negotiate proposed purchase

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 #318-140-003, 4051 South Santa Fe Ave. in the Le Grand area.

Agency Negotiator:  Dana Hertfelder, Director of Public Works

Negotiation Party:  Cynthia Benavidez, District Manager of Le Grand Community Services District.

Under Negotiation:  To request authority to negotiate proposed purchase.

 

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. – REGULAR MEETING

 

INVOCATION led by Daniel Del Real, Gateway Community 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 - 13)

 

SCHEDULED ITEMS:

SHERIFF - PUBLIC HEARING

To consider Proposed Ordinance entitled "An Ordinance Relating to the Increase of Fees for Adoption, Boarding, Disposal and Licensing of Animals Amending Title 7, Chapter 7.04 of the Merced County Code."

RECOMMENDATION:

1) Introduce the proposed ordinance entitled "An Ordinance Relating to the Increase of Fees for Adoption, Boarding, Disposal and Licensing of Animals Amending Title 7, Chapter 7.04 of the Merced County Code", and waive further reading;

2) Open Public Hearing and accept public comment;

3) Close Public Hearing; and

4) Adopt the Ordinance entitled "An Ordinance Relating to the Increase of Fees for Adoption, Boarding, Disposal and Licensing of Animals Amending Title 7, Chapter 7.04 of the Merced County Code".

DISTRICT ATTORNEY - PUBLIC HEARING

To consider adoption of a resolution to impose a one dollar ($1) increase in the vehicle service fee.

RECOMMENDATION:

1) Open Public Hearing and accept public comment;

2) Close Public Hearing; and

3) Adopt a resolution to impose a one dollar ($1) increase in the vehicle service fee for the investigation, prosecution, and deterrence of vehicle theft crime to be collected by DMV at time of registration or renewal thereof for vehicles registered in Merced County.

 

REPORTS/BOARD DIRECTION

County Executive Officer, County Counsel, Board of Supervisors Members

 

Session Items (Placeholder Section)

CONSENT CALENDAR (Items # 1-13)

Public Works

1.        Adopt an ordinance, introduced on July 13, 2021, 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".

Health

2.        Approve and authorize the Chairman to sign the Amendment to Grant Agreement No. 2020005 (TCE Grant No. 20201786) with The California Endowment for the Health Equity Project to increase awareness of social determinants of health, extending the term of the grant.

Behavioral Health and Recovery Services

3.        Approve and authorize the Chairman to sign the retroactive Amendment to Contract No. 2019268 with Bakersfield Behavioral HealthCare Hospital for Acute Inpatient Services, extending the term and updating Exhibits E, I and P.

4.        Approve and authorize the Chairman to sign the retroactive Amendment to Contract No. 2018234 with Aegis Treatment Centers, LLC for Drug Medi-Cal outpatient narcotic treatment services, revising the insurance terms to meet County Standards, Exhibits E, L, S, T, increasing the total contract amount and extending the contract term.

5.        Approve and authorize the Chairman to sign the retroactive Amendment to Contract No. 2019235 with Staff Care, Inc. for the placement of licensed psychiatrists and nurse practitioners, extending the term, and revising Exhibits B, E and O.

6.        Approve and authorize the Chairman to sign Amendment to Contract No. 2021113 with Aurrera Health Group for the ACEs Aware Initiative, Network of Care Grant, extending the term.

7.        Approve and authorize the Chairman to sign the retroactive Amendment to Contract No. 2018235 (Grant Agreement 17MHSOAC042) with the Mental Health Services Oversight and Accountability Commission, revising Exhibit A and adding Exhibit A1.

Human Services Agency

8.        1) Ratify submission and acceptance of $1,351,100 in remaining funds related to the Housing for the Harvest Directors Certification and funding terms and conditions submitted to the California State Department of Social Services by the Human Services Agency Director for the Housing for the Harvest Support Services Program; and 2) Approve and authorize the Chairman to sign Amendment to Contract No. 2021068 with Merced County Community Action Agency to operate the Housing for the Harvest support services program.

Sheriff

9.        Adopt an Ordinance, introduced on July 13, 2021, entitled "An Ordinance Relating to the Redemption of Impounded Animals Amending Title 7, Chapter 7.04 of the Merced County Code".

Probation

10.     Approve and authorize the Chairman to sign Amendment to Contract No. 2018261 with B.I. Incorporated for a two-year lease extension to operate the Merced Day Reporting Center.

Workforce Investment

11.     Accept Modification five (5) to Subgrant AA111015 (Amendment to Contract No. 2020141) for the Rapid Response Layoff Aversion Grant Code 293 and for Rapid Response by Formula Grant Code 541 to extend the term of the subgrant.

Administrative Services

12.     Approve and authorize the Chairman to sign Amendment to Contract No. 2010124 with Tyler Technologies for the purchase, installation and support of software licenses; and authorize the Director of Administrative Services to negotiate and sign a final statement of work and related change orders.

Human Resources / Risk Management

13.     Act on Claims for Damages submitted by Kelli R. Souza and Tatiana K. Souza as recommended by Risk Management and County Counsel.

REGULAR CALENDAR

BOARD ACTION

PUBLIC WORKS

14.     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 Street, 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)

15.     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)

HEALTH

16.     Approve Acceptance of Award form and related documents for the FY21-22 Tuberculosis Subvention grant award with the State Tuberculosis Control Branch for tuberculosis control and prevention services in an amount not to exceed $64,414.

17.     Approve retroactive contract with Merced County Office of Education for innovative special needs home visiting services.

18.     Approve retroactive contract with Merced County Office of Education for expansion home visiting services.

19.     Approve retroactive no cost data use agreement with the California Department of Public Health for the use of the California COVID-19 Outreach and Rapid Deployment platform.

20.     1) Ratify the Department of Public Health's Work Plan and Spend Plan submission to the California Department of Public Health and accept the Epidemiology and Laboratory Capacity Enhancing Detection Expansion funding through the Coronavirus Response and Relief Supplemental Appropriations Act of 2021, effective January 15, 2021 through July 31, 2023, in the amount of $14,952,065; 2) Establish the classification of Community Halth Technician classification 7895, salary range 67.0, and add three (3) Community Health Technician positions to Budget Unit 40004; 3) Approve the addition of two (2) Public Health Coordinator positions, classification 7508, salary range 78.4; one (1) Staff Services Analyst I/II, classification 1050/1040, salary range 70.2/74.6; one (1) Support Services Assistant, classification 7576, salary range 65.6; and two (2) Health Education Specialist positions, classification 7591, salary range 73.7 to Budget Unit 40004; and 4) Approve the amendments to the Position Allocation Resolution 06-120/A and the Salary Allocation Resolution 06-120.

BEHAVIORAL HEALTH AND RECOVERY SERVICES

21.     Approve contract with Willow Glen Care Center for residential care services to consumers.

22.     Adopt resolution approving and authorizing the Chairman to sign retroactive Standard Agreement No. 21-10094, the 2021-2024 Performance Contract with the Department of Health Care Services.

23.     Approve retroactive Memorandum of Understanding with Merced City School District to facilitate referrals for assessment and counseling services.

24.     Approve contract with Kings View Corporation for the provision of Tele-Psychiatry Services.

25.     1) Approve the following departmental personnel actions: Behavioral Health & Recovery Services - Budget Unit 41501: ADD 1 Staff Services Analyst I/II; Budget Unit 41502: ADD 1 Staff Services Analyst I/II and 1 Licensed Mental Health Worker/ Psychiatric Staff Nurse I/II; Budget Unit 41506: DELETE 1 BHRS Community Enrichment Director (pos 399); Budget Unit 41510: CHANGE 1 Licensed Mental Health Worker/Psychiatric Staff Nurse I/II (V/S) (pos 239) TO Licensed Mental Health Worker/Psychiatric Staff Nurse I/II; Budget Unit 41511: ADD 1 Mental Health Clinician I/II; Budget Unit 41523: ADD 3 Alcohol & Drug Services Intern/ Alcohol & Drug Counselor; Budget Unit 41528: ADD 1 Staff Services Analyst I/II; Budget Unit 41534: ADD 1 Staff Services Analyst I/II and 3 Peer Support Specialist; and Budget Unit 41535: ADD 1 Accounting Technician and ESTABLISH & ADD 1 Chief Deputy Public Guardian; 2) Establish the job classification specification of Chief Deputy Public Guardian, class 7893, salary range 83.2; and 3) Approve the amendments to the Position Allocation Resolution 06-120/A and the Salary Allocation Resolution 06-120.

HUMAN SERVICES AGENCY

26.     Approve contract with Campbellsville University, Carver School of Social Work to provide practicums for students in the field of social work.

27.     Approve State Standard Agreement No. 21-HHAP-00010 with the Business, Consumer Services and Housing Agency (BCSH) to accept funds and participate in the Homeless Housing, Assistance, and Prevention Program Round 2 upon approval of BCSH.

28.     Approve Disaster CalFresh Program Memorandum of Understanding Valley Regional Counties - Mutual Aid Plan Protocol for Post-Disaster Support/Services Accommodation with Mutual Aid Counties.

CHILD SUPPORT SERVICES

29.     1) Proclaim August 2021 as Child Support Awareness Month in Merced County; 2) Authorize the department to work in conjunction with the City of Merced Fire Department to display a banner above G Street for one week starting August 15, 2021; 3) Authorize the Department of Child Support Services to solicit and accept donations for outreach event; and 4) Authorize the Department of Child Support Services to submit an application for, and to accept funds, if awarded, of a First 5 Merced County mini-grant.

WORKFORCE INVESTMENT

30.     Accept Subgrant AA211015 initiating Workforce Innovation and Opportunity Act (WIOA) Formula youth funding under grant code 301 for Program Year 2021-23 in the amount of $1,769,162 to provide employment related-services to youth and young adults in Merced County.

FIRE

31.     Declare a 1988 Ford F350 squad vehicle designated as "Squad 63" surplus property and authorize the donation and transfer of ownership of Squad 63 to the Winton Station 63 Volunteer Fire Company.

32.     Declare a 1988 Chevy flatbed truck known as "Stake Side 62" as surplus property and authorize the donation and transfer of ownership of Stake Side 62 to the Castle Air Museum.

SHERIFF

33.     Approve 2020/21 Equitable Sharing Agreement and Certification with the Department of Justice for continued participation in the Federal Forfeiture Program for FY 2021/22.

DISTRICT ATTORNEY

34.     Adopt a Resolution ratifying the District Attorney's submission of a grant application and authorizing the District Attorney to sign the Grant Award Agreement and any extensions or amendments thereof with the California Department of Insurance for participation in the Automobile Insurance Fraud Program for fiscal year 2021/22.

35.     Adopt a Resolution ratifying the District Attorney's submission of a grant proposal to CalOES, authorizing the District Attorney to sign the Grant Award Agreement for federal fiscal year 2021/22, including modifications, amendments and extensions; and that the District Attorney and the Chairman of the Board of Supervisors are authorized to sign the Certification of Assurance of Compliance for participation in the California Governor's Office of Emergency Services Victim Witness Assistance Center Program

HUMAN RESOURCES / RISK MANAGEMENT

36.     Approve the modifications to the following job classification specifications: Integrated Pest Management Specialist, County Executive Officer, Community Health Specialist and Sheriff Dispatcher I/II.

BOARD APPOINTMENTS

37.     Reappoint Rosa Nuno to the Delhi Municipal Advisory Council, until January 3, 2023.

38.     Reappoint Frank Hilliard until May 3, 2024 and appoint Frank Marques until May 3, 2023 to serve as members of the Hilmar Municipal Advisory Council.

BOARD INFORMATION & POSSIBLE ACTION

         

39.     Fish and Game Commission re: Notice of Receipt of Petition, pursuant to the provisions of Section 2073.3 of the Fish and Game Code, the California Fish and Game Commission (Commission) on June 14, 2021, received a petition from California Trout to list Southern California steelhead (also known as southern steelhead) (Oncorhynchus mykiss) as endangered under the California Endangered Species Act.

 

POSSIBLE DIRECTION FOR FUTURE AGENDA ITEMS

 

August

            August 10, 2021

            Board Meeting

            August 24, 2021

            Board Meeting

September

            September 14, 2021

            Board Meeting

            September 21, 2021

            Board Meeting