BOARD OF SUPERVISORS

Rodrigo Espinoza, District 1

Josh Pedrozo, District 2

            Daron McDaniel, District 3

Chairman Lloyd Pareira, Jr., District 4

       Vice Chairman Scott Silveira, District 5

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

 

AGENDA

TUESDAY, MARCH 22, 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 or smart device: Visit https://www.zoom.us/, click on "Join A Meeting" and enter the Zoom Webinar ID and passcode as listed on front page of 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 prompted enter the Zoom Webinar ID, participant ID, and passcode as listed on front page of 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: 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.

 

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: 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.

 

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 the Friday prior to the scheduled meeting for which assistance is requested.

 

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

 

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

 

Peb muaj tug paab txhais lug Mev hab Hmoob. Muaj tug txhais lug tim ntsej tim muag tsua tsooj saab laaj yog has qha paub.

 


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 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: Approximately 15 acres of property at Castle Commerce Center generally North of the existing rail line and Shuttle Drive, east of Sonic Avenue, Southeast of Dart Drive and West of the Merced Irrigation District Substation, and the property operated currently as the Castle Grounds Maintenance Yard. 

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

Negotiation Parties: Hydra

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: Approximately 5.32 acres located at Castle Commerce Center at the following APN: 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: Approximately 7.9 acres of property at Castle Commerce Center generally located at Wallace Road and Hospital Avenue. 

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

Negotiation Parties: Dustin Brendel, MB Sports Inc.

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

 

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

 

GOVERNMENT CODE SECTION 54954.2 COMPLIANCE (LATE AGENDA ITEMS)

 

 

10:00 A.M.  REGULAR MEETING

 

INVOCATION by Val Vogleberg from the Church of Jesus Christ of Latter-Day Saints/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)

 

 

PRESENTATION:

MISSION, VISION, VALUES AWARD PROGRAM                    

 

 

REPORTS/BOARD DIRECTION

County Executive Officer, County Counsel, Board of Supervisors Members

 

Session Items (Placeholder Section)

CONSENT CALENDAR (Items # 1-16)

Public Works

1.        PULLED.

2.        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)

3.        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)

4.        Approve Budget Transfer in the amount of $225,000 to increase appropriations for the Human Services Agency Wardrobe Parking Lot Resurface Project.

5.        Approve Budget Transfer in the amount of $1,000 to increase appropriations for the Merced Library Gracey AV Project to provide and install speakers. (4/5 Vote Required)

Behavioral Health and Recovery Services

6.        Approve Amendment No. 03 to Contract No. 2016291 with Kings View Corporation, to provide Patients’ Right Advocate services, extending the term end date from December 31, 2021 to June 30, 2022 and increasing the contract total from $231,287 to $254,651.

7.        Approve Amendment No. 01 to Contract No. 2021012 with Livingston Community Health for the provision of Integrated Primary Care Services, extending the contract term end date from June 30, 2022 to June 30, 2025 and increasing the contract maximum from $269,266.50 to $807,799.50.

Human Services Agency

8.        1) Adopt a Resolution approving and authorizing the Board Chairman to sign Amendment No. 3 to Contract No. 2021114 (State Agreement No. AP-2122-31) with the California Department of Aging for Senior Service Program, extending the term end date from June 30, 2022 to September 30, 2024 and increasing the contract amount from $1,650,559 to $2,496,000; and 2) Approve the associated Budget Transfer. (4/5 Vote required)

Sheriff

9.        Approve Amendment No. 8 to Contract No. 2012188 with Global Tel*Link for inmate telephone services, extending the contract term end date from March 31, 2022 to September 30, 2022.

10.     Approve Amendment No. 1 to Contract No. 2019086 with Aramark Services Inc. for jail commissary services, extending the term end date from March 31, 2022 to March 31, 2024.

Human Resources / Risk Management

11.     1) Act on Claim for Damages submitted by Regina Vigil Gardner, Brad Gardner and Estate of Summer Gardner-Vigil 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 of Supervisors

12.     Approve the final Summary Action Minutes for the March 1, 2022 Board of Supervisors and Chowchilla Groundwater Sustainability Agency meetings.

Board Recognition

13.     Ratify Certificates of Recognition to Jason Crockett, Eugenio Guillen, Andrew Ramos, and Swaran Salgado for Graduation from Merced County Office of Education Construction Technology Program, presented March 9, 2022.

14.     Ratify Certificates of Recognition to Dos Palos Historical Society, Charles Mariano, Carlene Cunningham, DonnaLee Hartman and Julie Marchini were honored by the Merced County Historical Society for various awards, presented March 12, 2022. 

15.     Ratify Certificates of Recognition to various individuals for their dedicated volunteering contributions to the County of Merced during the COVID-19 pandemic, presented in February, 2022.

16.     Ratify Certificate of Recognition to Darrell Fonseca in recognition of 32 years of service as City Manager for the City of Dos Palos, presented March 15, 2022.

REGULAR CALENDAR

BOARD ACTION

PUBLIC WORKS

17.     1) Approve Preliminary Engineering Services Agreement with BNSF Railway Company for engineering services to construct an at-grade crossing over railroad right-of-way for the Olive Avenue and Santa Fe Drive Section 130 Project (U.S. DOT Number 028708T); and 2) Authorize the Director of Public Works to execute the Agreement, and related items in an estimated amount of $24,706 upon review by County Counsel and Risk Management.

18.     1) Authorize the Department of Public Works to circulate a Request for Qualifications (RFQ) to experienced and qualified consultants to perform Construction Management services; and 2) Authorize the Department of Public Works to review and rank the statements of qualifications and negotiate a contract to be submitted to the Board of Supervisors for consideration upon review by County Counsel and Risk Management.

19.     Adopt the Resolution adjusting the mileage of maintained roads in Merced County for 2021 to be 1,754.673 miles.

20.     1) Ratify submission of a grant application submitted by the Department of Public Works to the California Natural Resources Agency for participation in the California Museum Grant Program, effective January 1, 2023 through March 1, 2026, in the amount of $500,000; 2) Adopt a Resolution authorizing the Director of Public Works to sign all documents associated with the California Museum Grant Program funding; and 3) Direct the Director of Public Works to return to the Board of Supervisors with the application results and to accept the award.

21.     1) Approve submission of a grant application submitted by the Department of Public Works to the California Natural Resources Agency for participation in the Urban Greening Grant Program, effective January 1, 2023 through March 1, 2026; 2) Adopt a Resolution authorizing the Director of Public Works to sign all documents associated with the Urban Greening Grant Program; and 3) Direct the Director of Public Works to return to the Board of Supervisors with the Application results and to accept the award.

22.     1) Find that substantial evidence demonstrates that an emergency exists regarding damaged HVAC units in Buildings 200, 400, and 600 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 HVAC units is necessary to respond to the emergency. (4/5 Vote Required); and 2) Approve the associated Budget Transfer.  

23.     1) Find the proposed ordinance categorically exempt under CEQA Guidelines Section 15308 (Actions by Regulatory Agencies for Protection of the Environment); and 2) Adopt the proposed ordinance, introduced on March 1, 2022, entitled “An Ordinance Adding Chapter 9.06—Organic Waste Disposal Reduction to Title 9 of the Merced County Code”.

24.     1) Introduce an ordinance entitled “An Ordinance Amending Chapter 5.90 of the Merced County Code Amending Refuse Collection Fees and Charges of the Unincorporated Franchise Collection Areas within Merced County", and waive further reading; and 2) Set possible adoption of said ordinance on the April 26, 2022 Board Agenda. 

HEALTH

25.     1) Approve a no cost Contract with the California Department of Public Health to gain access to the COVID-19 Dataset for a retroactive start date of February 14, 2022 until termination.

BEHAVIORAL HEALTH AND RECOVERY SERVICES

26.     1) Ratify submission of a grant application submitted by the Director of Behavioral Health and Recovery Services to apply for the Mental Health Services Oversight & Accountability Commission’s Mental Health Student Services Act grant; and 2) Approve and authorize the Chairman to sign the new Grant Agreement No. 21MHSOAC053 with Mental Health Services Oversight and Accountability Commission for the Mental Health Student Services Act grant, in the amount of $4,000,000, through June 30, 2026.

HUMAN SERVICES AGENCY

27.     1) Authorize the Human Services Agency to negotiate a Contract with Merced County Community Action Agency for non-congregate emergency shelter services to adult individuals experiencing homelessness in the City of Los Banos, effective July 1, 2022 through October 31, 2022, in an amount not to exceed $400,000; and .2) Direct staff to return to the Board of Supervisors to approve said contract with Merced County Community Action Agency.

COMMUNITY AND ECONOMIC DEVELOPMENT

28.     1) Approve the FY 2022-2023 budget for the Central Delta-Mendota Activity Agreement, as recommended by the Agreement’s Management Committee, for the performance of services necessary to comply with the Sustainable Groundwater Management Act (SGMA); 2) Approve the FY 2022-2023 budget for the Northern Delta-Mendota Activity Agreement, as recommended by the Agreement’s Management Committee, for the performance of services necessary to comply with SGMA; 3) Approve the FY 2022-2023 budget for Coordinated costs in the Delta-Mendota Subbasin to be shared equally by Groundwater Sustainability Plan groups; and 4) Authorize payment to the San Luis & Delta-Mendota Water Authority for Merced County’s allocation of the Central and Northern region Delta-Mendota Activity Agreement budgets and Merced County’s share of the Coordinated budget in the approximate amounts of $13,031, $1,092, and $2,085 respectively. 

PROBATION

29.     Approve a Memorandum of Understanding with City of Livingston to provide Merced County Probation 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 $3,600.

SHERIFF

30.     Approve the retirement and sale of Sheriff’s Office canine “Ranger” for $1.00.

ELECTIONS

31.     1) Adopt the Resolution to call for and consolidate the Statewide Direct Primary Election on June 7, 2022 with: County Elected offices and the listed Special District, and School District’s measure; and 2) Authorize the Elections Division of the Registrar of Voters to procure and furnish those election services requested by each entity as more fully set forth in their resolutions, and to submit a cost bill to each entity for reimbursement of the election services provided.

32.     1) Approve the modifications to the following existing job classifications specifications of: Election Specialist I and Election Specialist II.

33.     1) Adopt a Resolution approving and authorizing the Chairman to sign State Contract No. 21S10105 with the Secretary of State for funding in the amount of $70,000 for reimbursement of costs related to outreach and education services to voters as part of the Voter’s Choice Act (VCA) implementation plan; and 2) Approve the related Budget Transfer. (4/5 Vote Required)

FIRE

34.     1) Adopt the Resolution formally adopting the Merced County Multi-Jurisdictional Local Hazard Mitigation Plan.

35.     1) Approve Amendment No. 1 to DAS Contract No. 13687 with 35th District Agricultural Association for rental of Tioga Hall, modifying the term end date from March 31, 2022 to December 31, 2022, and increasing the estimated contract amount from $105,000 to $222,000.

ADMINISTRATIVE SERVICES

36.     Declare assorted motor vehicles (listed on Exhibit A) as Surplus Property, as recommended.

BOARD APPOINTMENTS

37.     Approve the following appointments to the Merced County Workforce Development Board (WDB): 1) Appoint Michelle Skoor as Business Representative with term expiring June 30, 2026; 2) Appoint David W. Ness as Business Representative with term expiring June 30, 2026; 3) Appoint Joseph C. Winek as Business Representative with term expiring June 30, 2026; 4) Appoint R. Joe Perez as Title IV Vocational Rehabilitation – Department of Rehabilitation with term expiring June 30, 2024; and 5) Accept resignation of Lynda Munoz from the WDB.

38.     1) Reappoint James Buttrey to serve as the District 2 member of the May Day Fair Board for an unexpired four-year term; 2)     Reappoint Christie Hendricks to serve as the District 3 member of the May Day Fair Board for an unexpired four-year term; 3) Reappoint Brett Silva, Mark Woods, Pat Gallichio, and Sarah Souza as District 5 members of the May Day Fair Board  for an unexpired four-year term; and 4) Appoint Robert Marvin Powers Jr to serve as a District 5 member of the May Day Fair Board  for an unexpired four-year term. 

39.     1) Reappoint Rick Osorio and Hub Walsh to serve as commissioners of the Housing Authority until February 18, 2024; and 2) Appoint Robert Dylina and Diana Odom Gunn to serve as commissioners of the Housing Authority until February 18, 2026.

BOARD INFORMATION & POSSIBLE ACTION

         

40.     Public Works Re: Grant Award for the Plainsburg Road Complete Street Upgrade Project in the amount of $500,000 was awarded to Merced County.

         

41.     California Gas Gathering, Inc. re: Verified Statement and Annual Payment Franchise Ordinance No. 1650.

 

POSSIBLE DIRECTION FOR FUTURE AGENDA ITEMS

 

April

            April 5, 2022

            Board Meeting

            April 26, 2022

            Board Meeting

May

            May 10, 2022

            Board Meeting

            May 24, 2022

            Board Meeting