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, JANUARY 11, 2022

 

Closed Session – 8:30 a.m.

Regular Meeting – 10:00 a.m.

 

Zoom

https://us06web.zoom.us/j/81282991590?pwd=RGZaTXlJd0NxN09lK1YxVHRnZ3Fjdz09 or Dial: 1(408)638-0968

Meeting ID: 812 8299 1590

Participant ID: #

Passcode: 409103

 

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.

 

TELECONFERENCE INFORMATION

This meeting will be held in person and via teleconference. Members of the Board may be attending from remote locations. As authorized by AB 361, dated September 16, 2021, a local agency may use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency and local officials have recommended or imposed measures to promote social distancing or the body cannot meet safely in person and the legislative body has made such findings.

 

Members of the public may participate via the Zoom Webinar, including listening to the meeting and providing public comment, by following the instructions below.

 

To join the meeting by computer: Visit https://us06web.zoom.us/j/81282991590?pwd=RGZaTXlJd0NxN09lK1YxVHRnZ3Fjdz09. See passcode above.

Or visit https://www.zoom.us/, click on "Join A Meeting" and enter the Zoom Webinar ID 812 8299 1590. See passcode above.

To provide public comment, press the “Raise Hand” button on your screen.

 

To join the meeting by telephone: Dial (669) 900-6833, then enter Zoom Webinar ID 812 8299 1590. See participant ID and passcode above.

To provide public comment, press *9 to raise your hand and *6 to mute/unmute when called upon.

 

 

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. 

 

Zoom: Please press the “Raise Hand” button on your screen. If you are joining by telephone, press *9 to raise your hand, and *6 to mute/unmute when called upon.

 

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

 

Zoom: Please press the “Raise Hand” button on your screen. If you are joining by telephone, press *9 to raise your hand, and *6 to mute/unmute when called upon.

 

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.

 


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:                              

It is the intention of the Board to meet in Closed Session pursuant to Government Code Section 54957.6 concerning a Conference with County of Merced Staff Negotiators concerning negotiations with:  American Federation of State, County and Municipal Employees (AFSCME), Units 4, 5, 6 and 8; United Public Employees (UPE), Unit 3; Merced County Attorney Association (MCAA), Unit 7; Teamsters (Corrections), Unit 2; Merced County Law Enforcement Sergeants, Unit 30; Merced County Deputy Sheriff Association (DSA), Unit 10: Teamsters (Non-Safety Corrections), Unit 12; Merced County Public Safety Services Unit (MCPSSU), Unit 14; and Probation Supervising Employees, Unit 11.  Agency Negotiator:  Marci Barrera

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) Benefield v. County of Merced, et al.; Madera Superior Court Case No. MCV084333

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) Mark Hendrickson, Director-Community and Economic Development pursuant to Government Code Section 54956.8 as follows:

Property: The following APN located at Castle Commerce Center: 051-030-007.

Agency Negotiator: Mark Hendrickson, Director, Community and Economic Development.

Negotiation Parties: Gemenii, LLC.

Under Negotiation: To request authority to negotiate proposed acquisition and value.

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) Mark Hendrickson, Director-Community and Economic Development pursuant to Government Code Section 54956.8 as follows:

Property: The following APN’s located generally at the southwest corner of Castle Commerce Center: 005-070-035; 005-090-024; 050-070-042; 005-070-044; 005-070-045; 005-070-049; 051-060-001

Agency Negotiator: Mark Hendrickson, Director, Community and Economic Development

Negotiation Parties: Patriot Rail LLC

Under Negotiation: To request authority to negotiate proposed acquisition of facility and value.

 

GOVERNMENT CODE SECTION 54954.2 COMPLIANCE (LATE AGENDA ITEMS)

 

 

10:00 A.M.  REGULAR MEETING

 

INVOCATION by Reverend Stephen Hammond, Sr. Pastor at Bethel Community Church of Los Banos/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 - 25)

 

PRESENTATION: NOMINATION OF CHAIRMAN AND VICE CHAIRMAN FOR THE YEAR 2022

 

 

REPORTS/BOARD DIRECTION

County Executive Officer, County Counsel, Board of Supervisors Members

 

Session Items (Placeholder Section)

CONSENT CALENDAR (Items # 1-25)

Board of Supervisors

1.        In compliance with AB 361 (2021) and in order to conduct teleconference meetings not subject to the usual Brown Act teleconference rules, the Board continues to find that the circumstances regarding the state of emergency declared by the Governor regarding the COVID-19 pandemic which continues in existence; and the continued recommendations or impositions by State and local officials to promote social distancing; and the continued presence of COVID-19 in the State directly impacts the ability of the Board to meet in person.

Public Works

2.        Adopt a Resolution that designates the intersection of Atwater Jordan Road and Washington Blvd. in the Livingston area as an all-way stop intersection and authorizes the installation of stop signs on the Washington Blvd. approaches to its intersection with Atwater Jordan Road.

3.        Adopt a Resolution that designates the intersection of Stretch Road and McKee Road in the Merced area as an all-way stop intersection and authorizes the installation of stop signs on the McKee Road approaches to its intersection with Stretch Road.

4.        Approve Budget Transfer in the amount of $152,570 to establish appropriation for HVAC replacement in Behavioral Health and Recovery Services (BHRS) Child Treatment Campus Building 1.

5.        Approve Budget Transfers in the amount of $17,201 to increase appropriation for unanticipated increased costs related to the District Attorney Security Camera System Capital Improvement Project. (4/5 Vote Required)

6.        Find that substantial evidence demonstrates than 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 to replace the drinking water well is necessary to respond to the emergency. (4/5 Vote Required)

Health

7.        PULLED

8.        Approve Amendment No. 25 to Contract No. 2010280 with the Central California Alliance for Health for Referral Physician Services, modifying the term end date from June 30, 2023 to December 31, 2024.

Behavioral Health and Recovery Services

9.        Approve Amendment No. 02 to Contract No. 2021275 with Iris Telehealth, Inc, for the provision of Tele-Psychiatry Services to revise and replace Exhibit B - Budget/Rate Schedule.

10.     Approve Amendment No. 02 to Contract No. 2020153 with God's Love Outreach Ministries for Adult Residential Facility Services, revising and replacing Exhibit B - Rates/Fiscal Terms and Conditions and Exhibit C - Scope of Work.

11.     Approve Amendment No. 02 to Contract No. 2021001 with Jackson & Coker Locum Tenens, LLC, for Temporary Licensed Psychiatrist Services, revising and replacing Exhibit B - Budget/Rates.

12.     Approve Amendment No. 5 to Contract No. 2018179 with Aspiranet to provide the wraparound and specialty mental health services to Youth Beneficiaries in Merced County, modifying the term end date from June 30, 2023 to June 30, 2022 and retroactively modifying the compensation clause and revising and replacing Exhibits B(1) and B(2) effective July 1, 2021.

Human Services Agency

13.     Approve Budget Transfer in the amount of $25,000 to purchase a mid-sized sedan for the Area Agency on Aging department.

Community and Economic Development

14.     Approve Amendment No. 1 to Contract No. 2019355 with Self-Help Enterprises for administration and implementation of Merced County's Affordable Housing Program, modifying the term end date from November 18, 2022 to November 18, 2025, for a total term of six years, and increasing the contract amount from $2,520,682 to $3,132,682.

Department of Administrative Services

15.     Approve Budget Transfer in the amount of $145,000 to allow for an update to equipment that supports in-person, internet, and government channel television broadcast of meetings held in the Board Chambers using Public, Education and Government (PEG) funding. (4/5 Vote Required)

Fire

16.     Approve Budget Transfer in the amount of $167,000 to establish an asset account for the purchase of mobile radios to replace obsolete radios in Fire Apparatus.

17.     Approve Budget Transfer in the amount of $68,000 to establish asset accounts for the purchase of seven (7) multi-band portable radios to replace obsolete radios used by the Office of Emergency Services (OES) and for the purchase of a cargo trailer for storage and transportation of confined space and building collapse equipment used by the Fire Department Rescue Team.

18.     Approve Budget Transfer in the amount of $120,000 to establish an asset account for the purchase of five (5) portable CPR machines. (4/5 Vote Required)

Library

19.     Approve Budget Transfer in the amount of $1,000 to approve and accept a donation to Merced County Library from Friends of Merced County Library to purchase books for the new book mobile. (4/5 Vote Required)

Spring Fair

20.     Approve Amendment No. 1 to Contract No. 2017095 with Butler Amusements, Inc. for fair time carnival services to modify the following sections: Scope of Services, Term, Compensation, Notices, and Insurance; and to add the COVID-19 Requirements and Losses and Damage sections for the 2022 and 2023 fairs.

Workforce Investment

21.     Approve Amendment No. 1 to Contract No. 2021220 with Employer's Training Resource to provide training opportunities to individuals affected by the opioid crisis, decreasing the contract amount with Kern County from $364,406.00 to $271,532.45 due to their inability to meet enrollment goal.

22.     Approve Amendment No. 1 to Contract No. 2021367 with Equus Workforce Solutions to create temporary employment opportunities and serve as "employer of record" for the participant(s), increasing the contract amount from $192,618 to $285,487.

Executive Office

23.     Approve Travel Request received from Sheriff's Department as recommended by Executive Office.

Board Recognition

24.     Proclaim January 23-29, 2022 as School Choice Week in Merced County.

25.     Certificates of Recognition to Dillon Boldroff, Rogelio Covarrubias, and Simon Mejia, for graduation from Merced County Drug Treatment Court, presented December 17, 2021.

REGULAR CALENDAR

BOARD ACTION

PUBLIC WORKS

26.     Authorize the Department of Public Works to utilize the design-build procurement method to replace the County Main Administrative Building's Heating, Ventilation, and Air Conditioning system.

27.     Approve the Development Impact Fee Annual Report for 2020/21 Fiscal Year in accordance with Government Code Section 66006, Subdivision (b), providing the public with information on the various impact fees that were collected to fund the cost of public improvements.

28.     Adopt a Resolution authorizing submittal of application(s) for all CalRecycle Grant and Payment Programs for which Merced County is eligible; and authorizing the Director of Public Works to sign all documents relating to CalRecycle Grant and Payment Programs necessary to secure funds and implement any approved grant or payment projects through January 11, 2027.

29.     1) Find that substantial evidence demonstrates that an emergency exists regarding the sewer line at Marie Green Crisis Stabilization Unit such that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action to repair the sewer line is necessary to respond to the emergency. (4/5 Vote Required); and 2) Approve associated Budget Transfers. (4/5 Vote Required)

30.     1) Find that substantial evidence demonstrates that an emergency exists regarding the HVAC Units in the kitchen area 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 to replace the two HVAC units is necessary to respond to the emergency. (4/5 Vote Required); and 2) Approve associated Budget Transfer.

BEHAVIORAL HEALTH AND RECOVERY SERVICES

31.     Approve retroactive rate-based Contract with Ortega Luares Nursing Home, LLC, dba Golden Years Residential Care Home for residential care services for Behavioral Health and Recovery Services consumers, effective July 1, 2021 through June 30, 2023.

32.     Approve a no cost Contract with California Mental Health Service Authority for the Peer Support Specialist Certification program, effective January 1, 2022 through December 31, 2022.

33.     Approve retroactive Memorandum of Understanding with the California Department of State Hospitals and California Mental Health Services Authority for the purchase of State hospital beds, effective July 1, 2021 through June 30, 2022, with no financial obligation unless a hospital bed is used by Merced County.

34.     1) Adopt a Resolution authorizing and directing the Director of Behavioral Health to apply for and if awarded, take the necessary actions to accept funds from the No Place Like Home Program, not to exceed $1,000,000 of Noncompetitive Allocation funds; and if awarded, authorizing the Board of Supervisors Chair to enter into, execute, and deliver any and all documents collectively known as the NPLH Program Documents, subject to review by the Auditor-Controller, Risk Management, County Counsel, and County Executive Office; 2) Adopt a Resolution authorizing and directing the Director of Behavioral Health to apply for and if awarded, take the necessary actions to accept funds from the No Place Like Home Program, not to exceed $20,000,000 of Competitive Allocation funds; and if awarded, authorizing the Board of Supervisors Chair to enter into, execute, and delivery any and all documents collectively known as the NPLH Program Documents, subject to review by the Auditor-Controller, Risk Management, County Counsel, and County Executive Office; and 3) Direct BHRS to return to the Board of Supervisors upon notification of award(s) and for any additional actions related to the NPLH Project.

HUMAN SERVICES AGENCY

35.     1) Ratify the designation of the Merced County Human Services Agency as the Administrative Entity for the Merced City and County Continuum of Care as of December 18, 2018; and 2) Ratify the approval of signing authority for the Merced County Executive Officer, or his/her designee, as the Collaborative Applicant and Administrative Entity on behalf of the County of Merced for all documents related to the Continuum of Care as of December 18, 2018.

DISTRICT ATTORNEY

36.     1) Adopt a Resolution authorizing the District Attorney's participation in the Unserved/Underserved Victim Advocacy and Outreach (UV) Program, authorizing the District Attorney to execute the grant award agreement and any modifications, amendments and extensions, and authorizing the District Attorney and Chairman of the Board to sign the Certification of Assurance of Compliance; and 2) Ratify the submission of the Unserved/Underserved Victim Advocacy and Outreach (UV) Program proposal in the amount of $182,723 for calendar year 2022 by the District Attorney.

FIRE

37.     Authorize the Memorandum of Understanding with the City of Gustine for the dispersal of Fiscal Year 20 State Homeland Security Grant Programs funds to the City of Gustine for purchase of advanced types of equipment.

LIBRARY

38.     Approve a two (2) hour extension to the Merced Library's open hours on Thursday, March 10, 2022 from 6:00 pm to 8:00 pm, for an author event.

39.     1) Ratify submission of a grant application submitted by the Merced County Library to California State Library for participation in the Zip Books Grant Program; 2) Ratify the acceptance of grant in the amount of $15,400, to be used through June 30, 2022; 3) Authorize County Librarian or designee to sign documents pertaining to grant award; and 4) Approve the associated budget transfer. (4/5 Vote Required)

WORKFORCE INVESTMENT

40.     Approve Contract with Fresno Regional Workforce Development for the Valley Build High Road Construction Careers Project (HRCC) from December 1, 2021 through July 30, 2022, at a cost not to exceed $77,782.

41.     Approve Contract with Merced County Office of Education to provide two (2) cohorts of thirty (30) participants in the Multi-Craft Core Curriculum (MC3) pre-apprenticeship training from December 1, 2021, through May 31, 2022, at a cost not to exceed $68,250.

BOARD APPOINTMENTS

42.     Ratify the reappointment, in-lieu of election, Joe Melo and Shirish Shah until January 28, 2025 and ratify the appointment, in-lieu of election, Lynn Sullivan and Reyn Akiona until January 28, 2025 to all serve as members of the Board of Directors of the East Merced Resource Conservation District.

43.     Ratify the reappointment, in-lieu of election, Barbara Preimsberg, Randall S. Miles, and Janemarie Bennett Monroe to serve as members of the board of directors of the Eagle Field Water District until December 7, 2025.

44.     Reappoint Alfonse Peterson to serve as a member of the Merced County Employees' Retirement Board until December 31, 2023.

45.     Appoint a member of the Board of Supervisors to serve as a member of the Merced County Employees' Retirement Board, for a term of three years with the exception that the term does not exceed the Supervisors elected term.

BOARD INFORMATION & POSSIBLE ACTION

         

46.     Executive Office re: Disclosure of donations received in excess of $10,000 for Quarter 2 of fiscal year 2021/2022.

         

47.     Public Works re: Award of the Castle Dormitory Demolition Project to Silicon Valley Group, Inc., dba SV Group, of Morgan Hill, CA.

 

POSSIBLE DIRECTION FOR FUTURE AGENDA ITEMS

 

January

            January 25, 2022

            Board Meeting

February

            February 1, 2022

            Board Meeting

            February 8, 2022

            Board Meeting