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, APRIL 5, 2022

 

Closed Session – 8:30 a.m.

Regular Meeting – 10:00 a.m.

 

Merced County Administration Building

2222 M Street

Board Room, Third Floor

Merced CA, 95340

www.countyofmerced.com

 

 

The Board of Supervisors welcomes you to its meetings which are regularly held on a scheduled Tuesday and your interest is encouraged and appreciated.

 

AUDIO/VIDEO BROADCAST: All board meetings are normally broadcast live and replayed on local cable television. A list of cable channels and broadcast times are available at the following website: http://www.countyofmerced.com/1581/Comcast-Ch-96-Broadcast

 

Live stream of the Board of Supervisors meetings at https://www.facebook.com/MercedCounty/ or https://www.countyofmerced.com/2206/Board-of-Supervisors-Meetings.

 

PUBLIC COMMENT

Time allotted to each speaker is determined by the Board Chair. At his/her discretion, the Chair may modify public opportunity to speak by reducing individual speaking time limits and/or expanding the allocated total time limit(s) set forth below. 

 

At the designated times, please raise your hand and you will be directed to the podium.

 

CLOSED SESSION ITEMS

Public opportunity to speak on any matter to be considered in Closed Session will be taken prior to the Board adjourning into the Closed Session. In order that interested individuals have an opportunity to speak, any person addressing the Board will be limited to a maximum of three (3) minutes.

 

NON-AGENDA ITEMS

Public opportunity to speak on any matter of public interest within the Board’s jurisdiction will be taken at the beginning of the Board Meeting. In order that interested individuals have an opportunity to speak, any person addressing the Board will be limited to a maximum of three (3) minutes. The Non-Agenda Item Public Comment period will be limited to twenty (20) minutes total. The Board may not take action on any item that does not appear on the posted agenda.

 

AGENDA ITEMS

Public opportunity to speak on items on the Board’s Agenda will be heard following announcement of each section or subsection of the Agenda. In order that interested individuals have an opportunity to speak, any person addressing the Board will be limited to a maximum of three (3) minutes per section or subsection of the Agenda. Please note, the Consent Calendar is considered one section.

 

PUBLIC HEARINGS

Public opportunity to speak regarding public hearings will be heard following the reading, and if applicable, presentation of the public hearing. In order that interested individuals have an opportunity to speak, any person addressing the Board will be limited to a maximum of three (3) minutes.

 

GENERAL PUBLIC COMMENT INFORMATION

Speakers may not yield their time to another person.

 

Comments made on social media 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 official 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 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 and are divided into subsections by Department.

          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.

 

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:

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 Unrepresented Management, Unit 20. Agency Negotiator: Subcommittee of the Board of Supervisors, TBD.

CLOSED SESSION:

It is the intention of the Board to meet in Closed Session pursuant to Government Code Section 54957: PUBLIC EMPLOYEE APPOINTMENT, Title:  County Spring Fair Manager

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: 1955 Spacecraft Drive at Castle Commerce Center generally located at Spacecraft Drive and Spaceport Entry.

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

Negotiation Parties: Shane Parson

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

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) David Pitts v. County of Merced, Workers Compensation Appeals Board Case No. ADJ10298020; 2) SHS Family LTD. Partnership v. County of Merced; Case No. 21CV-00564.

 

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 EXCLUDING ITEMS ON THE BOARD'S AGENDA (TESTIMONY LIMITED TO THREE MINUTES PER PERSON AND TWENTY MINUTES TOTAL)

 

 

 

 

Session Items (Placeholder Section)

CONSENT CALENDAR (Items # 1-25)

Public Works

1.        Approve Amendment No. 2 to Contract No. 2019004 with Quincy Engineering, Inc. for on-call roadway and bridge design services, increasing the maximum cumulative total compensation for services provided from $2,500,000 to $5,000,000.

2.        Approve Amendment No. 1 to Contract No. 2021283 (JOC-016) with Marvulli, Inc., for Building Construction Remodeling, Repairs and Maintenance Services, to change the contractor's fictitious business name from "DMC Construction" to "Marvulli", and to increase the contract amount from $1,500,000, to $2,500,000.

3.        Approve budget transfer in the amount of $25,000 to increase the appropriation to purchase one (1) water truck for Roads.

4.        Approve budget transfer in the amount of $24,362 to transfer funds from the Planada Fire Remodel Project to cover building permit costs for multiple Fire Station Generator projects.

5.        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)

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)

Behavioral Health and Recovery Services

7.        Approve Amendment No. 1 to Contract No. 2015051 with Central California Alliance for Health for coordination of Medi-Cal Managed Care Program, revising the Dispute Resolutions section to include requirements under Behavioral Health Information Notice No. 21-034.

Human Services Agency

8.        1) Adopt a Resolution approving and authorizing the Board Chairman to sign Amendment No. 1 to Contract No. 2021312 (State Agreement No. MS-2122-28) with the California Department of Aging for the Multipurpose Senior Services Program to increase the contract amount from $856,992 to $964,096. 2) Approve the associated budget transfer. (4/5 Vote Required)

Community and Economic Development

9.        Approve budget transfer in the amount of $7,000 for the purchase of a signal light gun for use at the Castle Airport as per FAA regulations.

Child Support Services

10.     Approve Amendment No. 1 to Memorandum of Understanding No. 2019057 with the County of Mariposa for the Merced-Mariposa Regional Department of Child Support Services, modifying the term end date from April 30, 2022 to April 30, 2025 and updating Section F - Personnel.

Elections

11.     Approve and authorize Appointments in Lieu of Election for the Merced Irrigation District as referenced in Exhibit A for the June 7, 2022 Statewide Direct Primary Election.

Workforce Investment

12.     Approve Amendment No. 2 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 $271,532.45 to $205,406.52 due to their inability to fully expend the fund.

13.     1) Accept Modification No. 13 to Subgrant Agreement No. AA011015 (County Contract No. 2019275) with the State of California, Employment Development Department to incorporate additional funding in the amount of $4,829.59 into the 2020 COVID-19 Disaster Recovery National Dislocated Worker Grants Temporary Jobs project in grant code 1195. 2) Approve related budget transfer. (4/5 Vote Required)

14.     Accept Modification No. 1 to Subgrant Agreement No. AA211015 (County Contract No. 2021271) with the State of California, Employment Development Department to incorporate Round 1 Workforce Innovation and Opportunity Act formula funding for Program Year (PY) 2021/2022 in the amount of $564,229.

15.     Accept Modification No. 2 to Subgrant Agreement No. AA211015 (County Contract No. 2021271) with the State of California, Employment Development Department to incorporate Round 2 Workforce Innovation and Opportunity Act formula funding for Program Year (PY) 2021/2022 in the amount of $2,534,698.

16.     1) Accept Modification No. 3 to Subgrant Agreement No. AA211015 (County Contract No. 2021271) with the State of California, Employment Development Department to incorporate Workforce Innovation Opportunity Act 25% Additional Assistance funding for the Library Workforce Partnership Initiative project, effective November 1, 2021 through June 30, 2022, in the amount of $20,000. 2) Approve related budget transfer. (4/5 Vote Required)

Human Resources/Risk Management

17.     1) Act on Claim for Damages submitted by Rebecca Hitchrick, Oralia Sherman, and Joseph Miton Randolph as recommended by Risk Management and County Counsel. 2) Approve Assistant County Executive Officer, or designee, to send notice of said action on claim.

Executive Office

18.     Approve the Out-of-State Overnight Travel requests received from the Sheriff's Department as recommended by the Executive Office.

Board Recognition

19.     Ratify Certificate of Recognition to Chase Pennycuff in Recognition of Graduation from the ABC NorCal Electrical Apprentice Program, presented in March.

20.     Ratify Certificates of Recognition to Sal Walle, Jose Walle, and Carolyn Watkins in recognition of their dedication to the Winton Municipal Advisory Council, presented March 16, 2022.

21.     Ratify Certificates of Recognition to Ranjeet Singh, Annissa Fragoso, Amanda Rodriguez, Loren Gonella, Sarah Boyle, Mary Camper and Scott A. Oliver for being 2022 Award Winners from the Merced County Association of Realtors, presented March 29, 2022.

22.     Ratify Certificate of Recognition to Vinhos Wine Lounge and Tapas for their Grand Opening, presented March 30, 2022.

23.     Ratify Certificate of Recognition to Dr. Sima Asadi for being honored by Assemblymember Adam Gray as California Woman of the Year in Assembly District 21, presented March 22, 2022.

24.     Authorize Proclamation in Recognition of April 2022 as “Sexual Assault Awareness Month” and April 27, 2022 as “Denim Day” in Merced County.

25.     Ratify Certificate of Recognition to Lideres Campesinas, a network of women farmworkers for their continued efforts towards improving victim safety and holding perpetrators of sexual assault accountable for their actions against individuals and our society as a whole.

REGULAR CALENDAR

BOARD ACTION

PUBLIC WORKS

26.     Approve Vehicle User Committee's recommended vehicle user mileage rates for Fiscal Year 2022-2023.

27.     1) Authorize the Department of Public Works to circulate a Request for Qualifications (RFQ) for qualified consultants to provide Landscape Architect Services. 2) Authorize the Department of Public Works to review and rank proposals, as well as negotiate a contract to be submitted to the Board of Supervisors for consideration upon review by County Counsel and Risk Management.

28.     1) Find that substantial evidence demonstrates that an emergency exists regarding the gas line servicing the O’Banion building at the Los Banos Spring Fair such that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action to replace the gas line is necessary to respond to the emergency.  (4/5 Vote Required) 2) Approve the associated budget transfer.

29.     1) Find that substantial evidence demonstrates that an emergency exists regarding an HVAC Unit in dorm 506 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 unit is necessary to respond to the emergency.  (4/5 Vote Required) 2) Approve the associated budget transfer.

HEALTH

30.     Approve a contract with the AAA Northern California, Nevada, & Utah, effective April 5, 2022 through December 31, 2022, for a total contract amount of $2,000.

31.     Adopt a Resolution approving and authorizing the Chairman of the Board of Supervisors to sign State Contract No. 22-20013 with the California Department of Health Care Services, providing reimbursement for Medi-Cal Administrative Activities, effective July 1, 2022 through June 30, 2025, in the amount of $780,000.

BEHAVIORAL HEALTH AND RECOVERY SERVICES

32.     1) Approve the retroactive termination of Contract No. 2018156 with Maxim Healthcare Services, Inc., dba Maxim Staffing Solutions, effective March 31, 2022. 2) Approve a new contract with Maxim Healthcare Staffing Services, Inc., for temporary nursing staffing and psychiatric technician services to Behavioral Health and Recovery Services effective April 1, 2022 through June 30, 2024, in the amount of $334,000.

33.     1) Ratify submission of a grant application submitted by the Director of Behavioral Health and Recovery Services to apply for the Department of Health Care Services for Coronavirus Response and Relief Supplemental Appropriations Act Grant for Crisis Care Mobile Units. 2) Approve the new grant Agreement No. 21-10349 with Advocates for Human Potential, Incorporated, through the California Department of Health Care Services, for Behavioral Health Mobile Crisis and Non-crisis funding, effective September 1, 2021 through June 30, 2025, in the amount of $1,000,000.

HUMAN SERVICES AGENCY

34.     Approve a no-cost Memorandum of Understanding with Merced Community College District to allow County staff to co-locate at the Merced College Campus to provide Welfare-to-Work students access to employment and training support services, effective March 22, 2022 through March 21, 2027.

35.     Authorize Human Services Agency to terminate Contract No. 2021309 with Mission Merced, Incorporated effective May 6, 2022, from the original contract end date of June 30, 2022.

36.     Authorize Human Services Agency to terminate Contract No. 2021308 with Merced Inn and Suites effective May 6, 2022, from the original contract end date of June 30, 2022.

COMMUNITY AND ECONOMIC DEVELOPMENT

37.     Review and accept the General Plan Annual Progress Report and direct staff to forward a copy of the report to the Governor's Office of Planning and Research, and the State Department of Housing and Community Development.

FIRE

38.     Approve a Purchase and Sales Agreement with Stryker Sales, Inc. for the purchase of five (5) Chest Compression Systems and four (4) years of onsite services, effective April 5, 2022 through April 4, 2026, for a total contract amount not to exceed $109,949.42.

39.     1) Accept award from the FY 21 Homeland Security Grant in the amount of $353,846. 2) Approve budget transfer recognizing additional revenue. (4/5 Vote Required)

SHERIFF

40.     1) Approve the addition of sixteen (16) Correctional Officer I/II, class 2345/2335, salary range 68.5/70.5 and four (4) Sheriff Sergeant/Sheriff Senior Sergeant, class 6913/7517, salary range 78.1/79.1 to Budget Unit 23000. 2) Approve the amendments to the Position Allocation Resolution 06-120/A.

SPRING FAIR

41.     1) Approve a cash flow loan to Spring Fair from the General Fund of up to $800,000 bearing an interest rate equal to the rate earned by the Merced County Treasury. With loan repayments made as payments are received from buyers, prior to October 31, 2022; and 2) Authorize the Auditor-Controller to utilize $30,000 of the loan proceeds to increase Spring Fair's change fund for operation of the 2022 fair. Spring Fair will return the $30,000 at the close of the fair.

TREASURER/TAX COLLECTOR

42.     Approve the Treasury Investment Report for the Quarter ending December 31, 2021.

EXECUTIVE OFFICE

43.     1) Receive update on AB 1869 Elimination of Criminal Justice Fees. 2) Approve recommendation regarding allocation of AB 1869 backfill funding.

44.     Confirm the appointment of Guy Gary as County Spring Fair Manager at the annual salary of $109,034 and approve "A" level benefits with an effective date of April 11, 2022.

45.     Approve a parking enforcement agreement with the City of Merced for County owned parking lots for a period of (5) five years, with the City of Merced retaining all revenues generated from the parking citations.

BOARD APPOINTMENTS

46.     Appoint Robert Callahan to serve as a member of the Winton Cemetery District to serve a term through February 18, 2025.

47.     Appoint Denise Skidmore to serve as a member of the San Joaquin Valley Air Pollution Control District Citizen Advisory Committee as the Alternate for the Environmental representative.

BOARD INFORMATION & POSSIBLE ACTION

         

48.     Community & Economic Development re: County paid its Central Delta-Mendota Groundwater Sustainability Agency membership contribution for fiscal year 2022-2023 in the amount of $3,700.

 

SCHEDULED ITEMS

 

DEPARTMENT OF PUBLIC WORKS - PUBLIC HEARING

Public Hearing to Consider a Resolution Annexing the Minor Subdivision MS21-005, into the Pleasant Valley Lighting and Drainage Maintenance Zone of Benefit No. 259 in County Service Area Number One.

RECOMMENDATION:

1) Open Public Hearing and accept public comments;

2) Close Public Hearing; and

3) Adopt the Resolution annexing Minor Subdivision MS21-005 into the Pleasant Valley Lighting and Drainage Maintenance Zone of Benefit No. 259 in County Service Area Number One.

 

 

BOARD REPORTS/BOARD DIRECTION


County Executive Officer, County Counsel, Board of Supervisors Members

 

FUTURE REGULAR BOARD OF SUPERVISORS MEETING DATE:

April

            April 26, 2022

            Board Meeting

May

            May 10, 2022

            Board Meeting

            May 24, 2022

            Board Meeting