BOARD OF SUPERVISORS

Rodrigo Espinoza, District 1

Josh Pedrozo, District 2

            Daron McDaniel, District 3

Chairman Lloyd Pareira, Jr., District 4

          Scott Silveira, District 5

                                                                                                                                                              Phone: (209) 385-7366 Fax: (209) 726-7977

 

AGENDA

TUESDAY, MARCH 1, 2022

 

Closed Session – 9:00 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 or smart device: Visit https://www.zoom.us/, click on "Join A Meeting" and enter the Zoom Webinar ID and passcode as listed on the front page of the meeting Agenda

To provide public comment, press the “Raise Hand” button on your screen; You will be asked to unmute your mic when called upon

 

To join the meeting by telephone: Dial (669) 900-6833, when propmted enter the Zoom Webinar ID, participant ID, and passcode as listed on the front page of the meeting Agenda.

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: If you are joining by computer or smart device 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.

 

Comments made on Facebook are not considered part of the official record and will not be shared with the Board.

 

The Public may provide email or telephonic comments to the Board of Supervisors at any time, however, these comments will not be made part of the record.

 

 

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: If you are are joining by computer or smart device, 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.

 

Comments made on Facebook are not considered part of the official record and will not be shared with the Board.

 

The Public may provide email or telephonic comments to the Board of Supervisors at any time, however, these comments will not be made part of the record.

 

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 by 4:00 PM prior to the scheduled meeting for which assistance is requested.

 

Spanish and Hmong interpreters are available. Live translation of the meeting is available upon request for in person only.

 

Interpretes de espanol y hmong estan disponibles. La traducción en vivo de la reunión está disponible bajo petición solo en persona

 

Peb muaj tug paab txhais lug Mev hab Hmoob. Cov neeg txhais lus nyob ntawm lub rooj sib tham muaj nyob rau ntawm kev thov rau tus kheej nkaus xwb.

 


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:                              

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) SHS Family LTD Partnership and 4-S Ranch Partners, LLC v. County of Merced; Case No. 21CV-00564; and 2) Benefield v. County of Merced, et al.; Madera Superior Court Case No. MCV084333

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) 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: APN: 051-010-024 at Castle Commerce Center of property bordered by Jetstream Drive, D Street, Jetlift Drive, and C Street and approximately 0.42 acres generally bordered by Spacecraft Drive, D Street and Jetstream Drive

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

Negotiation Parties: Matt Migliazzo, M-Mig Construction Inc.

Under Negotiation: To request authority to negotiate proposed acquisition of facility 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: 3333 G Street at Castle Commerce Center generally located at the intersection of G Street and Academy Drive

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

Negotiation Parties: Parson Parties

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/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)

 

 

 

 

REPORTS/BOARD DIRECTION

County Executive Officer, County Counsel, Board of Supervisors Members

 

Session Items (Placeholder Section)

CONSENT CALENDAR (Items # 1-19)

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.

2.        Approve the Final Summary Action Minutes for January 25, 2022, February 1, 2022, and February 8, 2022 Board of Supervisors meetings.

3.        Authorize the Board Chair to sign the Certification Statement for the composition of the Merced County Local Child Care and Development Planning Council as required by the California Department of Education.

Public Works

4.        Approve Budget Transfer in the amount of $63,000 to increase appropriation for the Los Banos Spring Fair Groundwater Cleanup Project.

5.        Approve Budget Transfer in the amount of $15,800 to increase appropriation to purchase two (2) HP Tractors for Roads.

6.        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 to replace the drinking water well is necessary to respond to the emergency. (4/5 Vote Required)

7.        Find that substantial evidence demonstrates that an emergency continues to exist regarding the Solar Power Inverters at the John Latorraca Correctional Center (JLCC) solar field such that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action to replace the inverters is necessary to respond to the emergency. (4/5 Vote Required)

8.        Find that substantial evidence demonstrates that an emergency continues to exist regarding the Uninterrupted Power Supply (UPS) battery backup system 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 UPS is necessary to respond to the emergency. (4/5 Vote Required)

Health

9.        Approve Amendment No. 1 to Contract No. 2021110 with Department of Health Care Services to update the Provider Participation Agreement by adding Article XII, "Alternate Formatting".

Behavioral Health and Recovery Services

10.     Approve Amendment No. 1 to Contract No. 2019368 with Healthy House Within a Match Coalition for the provision of Interpretation/Translation services, modifying the term end date from June 30, 2022 to June 30, 2024, and the contract amount from $177,000 to $305,000.

11.     Approve Amendment No. 2 to Contract No. 2019370 (#0719-MCBHRS-PR 2) with Central California Alliance for Health for the Provider Recruitment Program Grant to support the Psychiatric Nurse Practitioner provider recruitment. The term of this agreement and recruitment date are extended from December 18, 2019 through December 18, 2022 to December 18, 2019 through February 18, 2024.

12.     Approve Amendment No. 2 to Contract No. 2019369 (#0719-MCBHRS-PR1) with Central California Alliance for Health for the Provider Recruitment Program Grant to support the Psychiatrist provider recruitment. The term of this agreement and recruitment date are extended from December 20, 2019 through December 20, 2022 to December 20, 2019 through February 20, 2024.

Human Services Agency

13.     Approve Amendment No. 4 to Contract No. 2021309 with Mission Merced, Incorporated to provide emergency shelter services for individuals who are experiencing homelessness who are COVID-19 positive or deemed Persons Under Investigation per Merced County Public Health Department increasing the contract amount from $160,000 to $182,000.

Workforce Investment

14.     1) Approve Amendment No. 1 to Contract No. 2019311 with the County of San Joaquin for employment-related services to the formerly incarcerated and justice involved individuals in Merced County, modifying the total enrollment from five (5) to twenty-two (22) participants, and increasing the contract amount from $125,125 to $243,681.81; and 2) Approve related Budget Transfer. (4/5 Vote Required)

15.     Approve Amendment No. 2 to Contract No. 2020055 with Central Valley Opportunity Center (CVOC) to provide job readiness, competency skills training, English language remediation, and technical assistance, and increasing the contract amount from $150,000 to $170,000.

Fire

16.     Approve Budget Transfer in the amount of $15,000 to establish the asset and purchase a HAZSIM Pro Training System to be used by the County's Hazardous Materials Response Team.

Sheriff

17.     Approve Budget Transfer in the amount of $125,000 for the purchase of a Remotely Operated Underwater Vehicle for the Sheriff's Dive Team to use during Search and Rescue Operations. (4/5 Vote Required)

Human Resources / Risk Management

18.     1) Act on Claim for Damages submitted by Charley Ashton Clark, Farmers Insurance Exchange aso Mandeep Kaur, Omar Enrique Aicardi, Thomas Chiang, Skylar Dawson, Emek Echo, Rocky Fan Chau, Scott Gilbertson, Christina Liu, Zoe Rosenberg, Jamie Crom, Elly Sweck, and George Villa as recommended by Risk Management and County Counsel; and 2) Approve Assistant County Executive Officer, or designee, to send notice of said action on claim.

Board Recognition

19.     Ratify Certificates of Recognition to Juniper Elementary for their Groundbreaking Ceremony, presented on February 11, 2022; and to Dustin Flint, for graduation from Merced County Drug Treatment Court, presented February 25, 2022.

REGULAR CALENDAR

BOARD ACTION

PUBLIC WORKS

20.     1) Find that the Initial Study and Mitigated Negative Declaration adopted by the Stanislaus County Board of Supervisors on January 26, 2021 for the Aemetis Biogas LLC Dairy Biogas Cluster project sufficiently analyzed and mitigated the project's environmental impacts pursuant to CEQA Guidelines Section 15096; and 2) Approve and authorize the Chairman to execute a Pipeline License Agreement with Aemetis Biogas, LLC to construct a biogas pipeline in approximately fourteen (14) linear miles of County right-of-way west of Hilmar, as generally described and identified in Exhibit A of said agreement.

21.     1) Ratify the Improvement Agreement between the County of Merced and Gateway Homes, Inc. for Major Subdivision No. MAS20-003 (Quail Hollow Estates Phase 5) executed by the Director of Public Works; 2) Approve the Final Map for Major Subdivision No. MAS20-003 (Quail Hollow Estates Phase 5), located on Walnut Avenue and Santa Fe Drive in the Winton area; and 3) Accept, subject to improvement, all offers of dedication for public use shown on said Final Map.

22.     1) Approve the Sidewalk Surface and Signal Installation Agreement with BNSF Railway Company to construct an at-grade crossing over railroad right-of-way for the Plainsburg Road Complete Street Upgrade Project (U.S. DOT Crossing BF10016736); and 2) Authorize the Director of Public Works to execute the agreement in the estimated amount of $121,542 upon review by County Counsel and Risk Management.

23.     1) Find that substantial evidence demonstrates that an emergency exists regarding the sewer line at the Human Services Agency's Merced location, such that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the repair of the sewer line is necessary to respond to the emergency (4/5 Vote Required); and 2) Approve the associated Budget Transfers. (4/5 Vote Required)

24.     1) Introduce an ordinance entitled "An Ordinance Adding Chapter 9.06 - Organic Waste Disposal Reduction to Title 9 of the Merced County Code", and waive further reading; and 2) Set possible adoption of said ordinance on the March 22, 2022 Board agenda.

HEALTH

25.     Approve a contract with Prevent Child Abuse America for usage of Healthy Families America Model, effective March 1, 2022 until termination, for a total contract amount of $3,675 per year with a five percent (5%) increase every third year.

26.     Approve a no cost contract with Central California Alliance for Health as required in order to participate in the Targeted Case Management Program, retroactively effective July 1, 2021 through June 30, 2022.

BEHAVIORAL HEALTH AND RECOVERY SERVICES

27.     Approve a new rate-based contract with John Allieu, N.P. for Psychiatric Nurse Services to Behavioral Health and Recovery Services consumers, effective March 1, 2022 through June 30, 2026.

28.     Approve retroactive termination of Contract No. 2019349, with Peoples Residential Care Home, for Board and Care Services, effective January 1, 2022.

HUMAN SERVICES AGENCY

29.     Adopt a Resolution approving and authorizing the Board Chairman to sign State Contract No. SP-2122-31 with California Department of Aging for Supplemental Nutrition Assistance Program Education Services in the amount of $85,858 for the term of October 1, 2021 through September 30, 2022.

30.     Approve a no cost Memorandum of Understanding with Madera County Department of Social Service, Madera County Department of Public Health and Mariposa County Health and Human Services Agency for support sheltering operations during emergencies and disasters with Functional Assessment Service Team members, effective upon approval and signature by all parties through December 31, 2026.

WORKFORCE INVESTMENT

31.     Approve a new Memorandum of Understanding (MOU) with Stanislaus County Workforce Development to develop, strengthen, and expand regional workforce training systems and sectoral partnerships in support of a regional application to the Economic Development Administration (EDA).

32.     1) Ratify submission of a grant application submitted by the Department of Workforce Investment to the Office of the Small Business Advocate within the Governor's Office of Business and Economic Development for participation in the Microbusiness grant submitted on November 30, 2021 in the amount of $359,050.42; 2) Approve the contract with the Office of the Small Business Advocate within the Governor's Office of Business and Economic Development in the amount of $359,050.42 for the term of January 21, 2022 through December 30, 2022; 3) Retroactively authorize and approve the Director of Workforce Investment to sign a new contract with the Office of the Small Business Advocate within the Governor's Office of Business and Economic Development for the California Microbusiness COVID-19 Relief Grant Program; and 4) Approve related Budget Transfer. (4/5 Vote Required)

FIRE

33.     1) Accept award from the FY 21 Emergency Management Performance Grant - ARPA in the amount of $62,135; and 2) Approve the Budget Transfer recognizing the additional revenue. (4/5 Vote Required)

34.     Accept award from the FY 21 Emergency Management Performance Grant in the amount of $182,251.

SHERIFF

35.     1) Approve the Letter of Agreement and supporting documents with the Drug Enforcement Agency Administration to accept funding in the amount of $300,000 for the 2022 Domestic Cannabis Eradication and Suppression Program (DCESP) for the eradication of illegal cannabis in Merced County for the period of October 1, 2021 to September 30, 2022; and 2) Authorize the Sheriff to sign the Letter of Agreement with CEO and Counsel approval.

36.     Approve a Memorandum of Understanding with City of Livingston to provide Merced County Sheriff Office access to use the Livingston Police Department shooting range, effective March 1, 2022 to February 28, 2025, for a total contract amount not to exceed $15,000.

AUDITOR

37.     Accept the audited Merced County Annual Comprehensive Financial Report, the POST SAS 114 Letter and the GANN Report for the period ended June 30, 2021.

BOARD OF SUPERVISORS

38.     Adopt a Resolution designating the Merced County Arts Council as the local partner in the California Arts Council State-Local Partnership Program.

BOARD INFORMATION & POSSIBLE ACTION

         

39.     Elections re: Pursuant to Ordinance 2010, Section 6 the Merced County Department of Elections has reviewed the new redistricting plan as approved on December 7, 2021 and has identified a minor error in the 2020 Census line files that do not substantively affect the districts. The error has been corrected to match contiguous neighbors for APN 049-140-006-000 in Livingston and a revised map of this change is attached.

 

POSSIBLE DIRECTION FOR FUTURE AGENDA ITEMS

 

March

            March 22, 2022

            Board Meeting

April

            April 5, 2022

            Board Meeting

            April 26, 2022

            Board Meeting