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, SEPTEMBER 14, 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.

 

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. 

 

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.

 

 

9:00 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) Pablo Flores v. County of Merced, Workers Compensation Appeals Board Case No. ADJ10873789; 2) Berryman v. Merced County, et. al., Merced Superior Court Case No. 20CV-00925.

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/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)

 

PRESENTATION:

BEHAVIORAL HEALTH ADVISORY BOARD ANNUAL REPORT 

 

SCHEDULED ITEM:

 

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 proposed modification of the Agricultural Preserve boundary reflecting the removal and addition of land in relation to the following Property Line Adjustments (PLAs) does not require additional environmental review pursuant to CEQA Guidelines Section 15183, (Projects Consistent with a Community Plan, General Plan, or Zoning), based on the findings listed in the Board Agenda Item: (a) PLA21-004 located at the northeast corner of N. Youngstown Road and W. Bradbury Road in the Turlock area; (b) PLA21-009 located at the southeast corner of W. Bradbury Road and N. Golf Link Road in the Turlock area; and (c) PLA21-012 located on the west side of N. Winton Way, 665 feet south of W. Meadow Drive in the Winton area; 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.

 

 

REPORTS/BOARD DIRECTION

County Executive Officer, County Counsel, Board of Supervisors Members

 

Session Items (Placeholder Section)

CONSENT CALENDAR (Items # 1-9)

Public Works

1.        Approve and authorize the Board Chair to execute Amendment No. 1 to Contract No. 2019005 with Dewberry Engineers Inc. for preparation of plans, specifications, and cost estimates for road and bridge projects with the Amendment changing the company name from Drake, Haglan & Associates, Inc. to Dewberry Engineers Inc. and extending the expiration date of the contract from June 30, 2021 to June 30, 2024. No new project supplements will be issued after June 30, 2024.

Health

2.        Adopt an ordinance, introduced on August 24, 2021, entitled "An Ordinance Amending Title 9 Chapter 9.43 of the Merced County Code to establish and enable the Santa Cruz-Monterey-Merced-San Benito-Mariposa Managed Medical Care Commission".

3.        Approve and authorize the Board Chair to sign Amendment No. 2 to Contract No. 2018012 (State Contract No. 17-10705; A02) with California Department of Public Health for the Local Oral Health Plan to increase the grant amount by $62,886 for a total grant amount of $1,282,651.

Behavioral Health and Recovery Services

4.        Approve and authorize the Board Chair to sign Amendment No. 1 to Contract No. 2019308 with Helios Healthcare, LLC for Skilled Nursing Facility services, retroactively extending the term from October 1, 2019 through June 30, 2021 to October 1, 2019 through June 30, 2023 and revising various terms, Exhibits B, F and O.

Library

5.        Authorize Proclamation in recognition of September 2021 as Library Card Sign-up Month within Merced County.

Board Recognition

6.        Certificates of Recognition for Graduation from Merced County Drug Treatment Court to John Barragan and David MacGregor, presented August 27, 2021.

7.        Certificates of Recognition to various individuals for completing the LiUNA Infrastructure Construction Boot Camp.

8.        Certificate of Recognition to Louie and Barbara Parreira for being selected as the 2021 Agriculture/Farmer of the Year award recipient from the Los Banos Downtown Association.

9.        Certificates of Recognition to various individuals for their dedication as essential workers during the COVID-19 Pandemic and service to the Hmong Community.

REGULAR CALENDAR

BOARD ACTION

PUBLIC WORKS

10.     Adopt a resolution that prohibits left-turning movements from Oakdale Road into Washington Elementary School in the Winton area, from 8:00 a.m. to 8:30 a.m. and 3:00 p.m. to 3:30 p.m. on school days, and authorizes the Director of Public Works to install signage on Oakdale Road notifying motorists of the prohibition.

11.     Adopt a resolution prohibiting the stopping, parking or standing of vehicles along an approximately 670 foot portion of Cypress Avenue across from Winton Middle School in the Winton area, and authorizing the Director of Public Works to install signage notifying motorists of said prohibition.

12.     Find that substantial evidence demonstrates that an emergency continues to exist 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)

13.     1) Find that substantial evidence demonstrates that an emergency exists regarding the bathroom at the Planada Fire Station at 9234 Broadway Avenue in Planada, 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 bathroom serving the Planada Fire Station at 9234 Broadway 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.

HEALTH

14.     Approve and authorize the Board Chair to sign the new agreement between Merced County and Intrepid Ascent to assess and streamline data operations in coordination with State and Community partners for the term of July 1, 2021 to January 31, 2022 with an amount not to exceed $107,920.

15.     Approve and authorize the Board Chair to execute a contract with the California Department of Resources Recycling and Recovery for the Solid Waste Local Enforcement Agency Grant, effective July 1, 2021 through October 27, 2022 for a total contract amount not to exceed $18,756.

BEHAVIORAL HEALTH AND RECOVERY SERVICES

16.     Ratify acceptance of the Department of Health Care Services Mental Health Block Grant allocation in the amount of $1,370,019, for the term beginning July 1, 2021 through June 30, 2022.

17.     1) Ratify submission of two (2) grant applications submitted by Behavioral Health and Recovery Services to the Substance Abuse and Mental Health Services Administration, Mental Health Services Block Grant, for the Coronavirus Response and Relief Supplemental Appropriations Act and the American Rescue Plan Act supplemental funding grant opportunities, for an amount up to $1,417,826; 2) Authorize the Director of Behavioral Health and Recovery Services to sign all grant related documentation necessary for funding consideration; and 3) Direct staff to return to the Board for any subsequent approval related actions necessary for implementation of the grant projects.

18.     1) Ratify submission of two (2) grant applications submitted by Behavioral Health and Recovery Services to the Substance Abuse and Mental Health Services Administration, Substance Abuse Prevention and Treatment Block Grant, for the Coronavirus Response and Relief Supplemental Appropriations Act and the American Rescue Plan Act supplemental funding grant opportunities, for an amount up to $1,304,882; 2) Authorize the Director of Behavioral Health and Recovery Services to sign all grant related documentation necessary for funding consideration; and 3) Direct staff to return to the Board for any subsequent approval related actions necessary for implementation of the grant projects.

19.     1) Ratify submission by Behavioral Health and Recovery Services of the Behavioral Health Quality Improvement Program Startup Funding Claim Form (Form DHCS 8750) for 2021-2022 to the State Department of Health Care Services, for the amount of $250,000; 2) Authorize the Director of Behavioral Health and Recovery Services and the County Auditor to sign all documents necessary for submittal of Form DHCS 8750; and 3) Direct staff to return to the Board for any subsequent approval related to items necessary for the acceptance of funding.

20.     1) Authorize the Director of Behavioral Health and Recovery Services to submit an updated total project cost and budget in the amount of $4,949,827 to be included with the grant application submitted on May 5, 2021 to the California Department of Housing and Community Development for the Community Development Block Grant Program - Coronavirus Round 2 and 3 in the amount of $949,845 for the Children's System of Care Facility Improvement project; and 2) Direct staff to return to the Board for any subsequent approval related actions necessary for implementation of the grant projects.

21.     1) Authorize Behavioral Health and Recovery Services to accept donations for the Annual Toy Drive, with monetary donations to be used for the Toy Drive and for no other purpose; 2) Authorize Behavioral Health and Recovery Services to conduct Toy Drives on behalf of underserved youth from September 15, 2021 until December 31, 2021.

22.     Approve the termination of Contract No. 2019212 with Golden Years Residential Care Home, under Section 9, entitled "Termination for Convenience", effective June 30, 2021.

23.     Approve and authorize the Board Chair to sign the new retroactive contract with Doris T. Tan, M.D. for the provision of psychiatric services to Behavioral Health and Recovery Services consumers, for the term beginning September 1, 2021 through June 30, 2023, in the amount of $380,000.

HUMAN SERVICES AGENCY

24.     Approve and authorize the Board Chair to sign Agreement with the University of California, Davis for Child Welfare Services staff training and development in an amount of $39,525 for a term of October 1, 2021 through June 30, 2022.

25.     Approve and authorize the Board Chair to sign Agreement with the University of California, Davis, for Human Services Agency staff training and development in an amount of $79,050 for a term of October 1, 2021 through June 30, 2022.

26.     Authorize the Human Services Agency to accept donations, and to engage in fundraising activities, on behalf of foster and at-risk youth, beginning on October 1, 2021 through June 30, 2022.

27.     Relieve the Human Services Agency (HSA) of the accountability for fixed asset No. 60412-Digital Projector, No. 60532-Polycom Viewstation, No. 60595-Panasonic Toughbook with carrying case, No. 60657-Apple Mac Book Pro Laptop, No. 60686-Antec Computer, No. 60741-Antec Computer, and No. 60636-Instructions CPS Remote Voting System, by allowing the Auditor's Office to remove the items from HSA's fixed asset inventory.

28.     1) Authorize the Director of Human Services Agency, or their designee, to submit the Homeless Housing Assistance and Prevention Program (HHAP) Grant Round 3 Letter of Intent in the amount of $849,323 to the State of California Business, Consumer Services, and Housing Agency, Division of California Homeless Coordinating and Financing Council; 2) Authorize the Director of the Human Services Agency, or their designee, to designate these funds for the on-going operations of the Merced Navigation Center, and to execute all documents relating to the grant application; 3) Direct the Director of Human Services Agency, or their designee, to return to the Board with the application results and to accept the award; 4) Authorize the Human Services Agency Director, or their designee, to accept any future reallocation of funding for this program.

29.     Appoint Glen Galman as the County Veterans Service Officer.

30.     Adopt a resolution authorizing Merced County, on behalf of the Area Agency on Aging, to authorize the Board Chair to sign the Standard Agreement (State Contract No. MI-2122-31) including modifications, amendments and extensions with the California Department of Aging for participation in the Medicare Improvement for Patient and Provider Act Program, effective September 1, 2021 through August 31, 2022, in the amount of $31,135.

RECORDER

31.     1) Approve the agreement with TransCounty Title Co. for File Transfer Protocol (FTP) access to non-confidential public record images in the Merced County Recorder's Office database for the period from October 1, 2021 through September 30, 2023, providing revenue in the total of $9,600; 2) Authorize the Merced County Assessor-Clerk-Recorder or designee, from the present until September 30, 2026, to sign any future no-cost or revenue producing agreement for File Transfer Protocol access to non-confidential public record images in the Merced County Recorder's Office database.

LIBRARY

32.     1) Authorize the Merced County Librarian or her designee to submit a grant application request for $75,000 to the Sunlight Giving Foundation prior to the September 15, 2021 deadline; 2) Direct the Merced County Librarian to return to the Board with the application results and to accept award.

FIRE

33.     1) Adopt a Resolution to approve and authorize the Board Chair to sign a Grant Agreement (7GF21079) and any amendments thereto with the State of California Department of Forestry and Fire Protection, for Rural Fire Capacity, effective date upon approval through June 30, 2022, in the amount of $20,000; 2) Authorize the Board Chair to sign the AD-1048 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions; and  3) Authorize Administrative Services, in conjunction with Merced County Fire Department, to purchase the needed Personal Protective Equipment.

PROBATION

34.     Approve and authorize the Board Chair to execute a contract with Symple Equazion for vocational and educational services to adult clients, effective September 1, 2021 through June 30, 2022, for a total contract price amount not to exceed $135,902.

DISTRICT ATTORNEY

35.     Approve and authorize the District Attorney or her designee to electronically submit the Equitable Sharing Agreement and Certification for the Federal Forfeiture Program for FY 2020/2021, and authorize the Board Chair to sign the Agreement and Certification.

SHERIFF

36.     Authorize the Probation, Sheriff's Office and Merced County Fire to accept donations and conduct toy drives for the Operation Christmas Star Toy Drive from October 1, 2021 until December 31, 2021.

TREASURER

37.     Approve the Merced County Treasury Investment Report for the quarter ending June 30, 2021.

HUMAN RESOURCES / RISK MANAGEMENT

38.     Acknowledge the 2022 premium increase of 1.6% for all medical plans. Authorize premium payments to the Third Party Administrator, Benefit Coordinators Corporation, and authorize the Board Chair to sign all related documents.

BOARD APPOINTMENTS

39.     Reappoint Vince Ramos to serve as a member of the Behavioral Health Advisory Board, representing District 2, until June 30, 2024.

BOARD INFORMATION & POSSIBLE ACTION

         

40.     Public Works re: Contract No. 2021037 was awarded to Stockbridge General Contracting, Inc. of Clovis, California in the amount of $2,165,000 for the Houlihan Park Renovation Project located at Sanford Avenue and Sutter Street, Planada, CA for a term of August 2, 2021 through April 30, 2022.

 

POSSIBLE DIRECTION FOR FUTURE AGENDA ITEMS

 

September

            September 21, 2021

            Board Meeting

October

            October 5, 2021

            Board Meeting

            October 19, 2021

            Board Meeting