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
Regular Meeting – 10:00 a.m.
Merced County Administration Building
2222 M Street
Board Room, Third Floor
Merced CA, 95340
The Board of Supervisors welcomes you to its meetings which are regularly held on a scheduled Tuesday and your interest is encouraged and appreciated.
AUDIO/VIDEO BROADCAST: All board meetings are normally broadcast live and replayed on local cable television. A list of cable channels and broadcast times are available at the following website: http://www.co.merced.ca.us/1581/Comcast-Ch-96-Broadcast
Live stream of the Board of Supervisors meetings at https://www.facebook.com/MercedCounty/ or https://www.co.merced.ca.us/2206/Board-of-Supervisors-Meetings.
PUBLIC 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.
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.
CLOSED SESSION - CONFERENCE WITH REAL PROPERTY NEGOTIATOR:
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
GOVERNMENT CODE SECTION 54954.2 COMPLIANCE (LATE AGENDA ITEMS)
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).
CONSENT CALENDAR (Items # 1-26)
1. Approve and authorize the Board Chair to sign Amendment No. 1 to Contract No. 2020034 with Galvin Preservation Associates, Inc. (GPA) for environmental services for small County projects, modifying the term end date from December 31,2022 to March 9, 2025.
2. Approve and authorize the Board Chair to sign Amendment No. 1 to Contract No. 2019322 with NV5, Inc. for surveying and engineering services for small County projects, modifying the term end date from December 31, 2022 to October 21, 2024.
3. Approve and authorize the Board Chair to sign Amendment No. 1 to Contract No. 2021285 (JOC-018) with Avison Construction, Inc. for building construction remodeling, repairs and maintenance services to increase the contract value by $3,500,000, for a new maximum contract value of $5,000,000.
4. Approve and authorize the Board Chair to sign Amendment No. 2 to Contract No. 2021283 (JOC-016) with Marvulli, Inc. dba Marvulli for building construction remodeling, repairs and maintenance services, to increase the contract value by $2,500,000, for a new maximum contract value of $5,000,000.
5. Approve and authorize the Board Chair to execute Amendment No. 2 to Contract No. 2018127 with Pazin & Myers, Inc. for furnishing and delivering vehicle fuels, extending the contract term end date from June 30, 2022 to June 30, 2023.
6. Approve and authorize the Board Chair to sign Amendment No. 1 to Contract No. 2020036 with Dudek for on-call environmental services, modifying the term end date from December 31, 2022 to June 30, 2024 and adjusting the scope of services language.
7. Approve and authorize the Board Chair to sign Amendment No. 2 to Contract No. 2017156 with Quincy Engineering, Inc. for surveying and engineering services for small County projects, modifying the term end date from June 30, 2022 to June 30, 2025.
8. Approve and authorize the Board Chair to sign the Amended and Restated Measure V Regional Project Funding Agreement No. 2020222 (MCAG Agreement No. 20200917MF-AM1) with the Merced County Association of Governments (MCAG) to allocate an additional $14,677,698 to the Atwater Merced Expressway (AME), Phase 1B Project, for a total contract amount of $25,657,698.
9. Approve and authorize the Board Chair to execute Amended and Restated Measure V Regional Project Funding Agreement No. 2019060 (MCAG Agreement No. 20180913SD_AM3) with the Merced County Association of Governments (MCAG) to allocate an additional $3,524,888 to rehabilitate Henry Miller Avenue from Ingomar Grade to State Highway 33, for a total contract amount of $6,301,000.
10. Approve a budget transfer in the amount of $24,299 for replacement of failed water heaters at the John Latorraca Correctional Center.
11. Approve a budget transfer in the amount $20,000 for replacement of six (6) doors at various picnic shelters at Lake Yosemite.
12. Approve a budget transfer in the amount of $15,920 for the repair of a damaged vintage courthouse lamp post. (4/5 Vote Required)
13. 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
14. Approve and authorize the Board Chair to sign Amendment No. 1 to Contract No. 2020208 with Merced Lao Family Community, Inc. to amend term language, compensation, pricing conditions, and insurance language; remove County fax references; add COVID-19 language; and update the Mental Health Services Additional Terms and Conditions, the Budget and Rate Schedule, and the HIPAA Business Associates Addendum. The term remains July 1, 2020 through June 30, 2023 and increases the total contract amount from $1,042,017 to $1,105,544.
15. Approve and authorize the Board Chair to sign Amendment No. 01 to Contract No. 2020015 with Livingston Union School District for the placement of Behavioral Health and Recovery Services staff in Livingston schools, modifying the term end date from June 30, 2022 to June 30, 2024.
16. Approve a budget transfer in the amount of $11,400 for the installation of cat 6 cable for telephone and internet service to the cubicles for new staff at the Marie Green Psychiatric Center.
17. Approve a budget transfer in the amount of $53,000 to refurbish and replace broken furniture items at the CUBE Wellness Center.
18. Adopt a Proclamation declaring the month of June 2022 as “Elder and Dependent Adult Abuse Awareness Month” in Merced County.
19. Approve and authorize the Board Chair to sign Amendment No. 1 to Contract No. 2021102 with Aspiranet for WrapAround Services, modifying the term end date from May 31, 2022 to May 31, 2023 and increasing the contract amount from $1,370,055 to $2,740,110.
20. Approve a budget transfer in the amount of $38,000 for administrative costs for the Continuum of Care Collaborative Applicant. (4/5 Vote Required)
21. Approve a budget transfer in the amount of $2,399 to increase appropriations based on increased revenue from a grant for the Collaborative Applicant received from the U.S. Department of Housing and Urban Development (HUD). (4/5 Vote Required)
22. Approve and authorize the Board Chair to sign Amendment No. 3 to Contract No. 2019181 with Team Legal, Inc. for process server services, modifying the term end date from June 30, 2022 to June 30, 2023 and increasing the total contact amount from $300,000 to $400,000.
23. 1) Approve the District Attorney’s continued participation in the Criminal Restitution Program; and 2) Authorize the District Attorney, Kimberly R.H. Lewis, to sign Amendment No. 1 to Contract No. 2019179 (State Agreement No. VC-9069), modifying the term end date from June 30, 2022 to June 30, 2023 and increasing the contract amount from $229,758 to $306,344.
Human Resources/Risk Management
24. 1) Act on Claims for Damages submitted by Mohannad Musleh and David Carrillo on behalf of decedent Irene Hernandez Foster as recommended by Risk Management and County Counsel; and 2) Approve Assistant County Executive Officer, or designee, to send notice of said action on claims.
25. Approve the Out-of-State Overnight Travel request received from the Sheriff's Department as recommended by the Executive Office.
26. Ratify Certificates of Recognition for individuals selected as Dispatcher of the Year for 2021 by their agencies, presented Thursday, May 26, 2022.
27. 1) Find the County-owned real property located at 4051 South Santa Fe Avenue in Le Grand, APN 318-140-003, is not required for current or future County use; 2) Find that transfer of said property to the Le Grand Community Services District serves a public purpose; 3) Approve the Real Property Transfer Agreement with the Le Grand Community Services District to transfer said property to the District. (4/5 Vote Required); and 4) Authorize the Board Chair to execute the Real Property Transfer Agreement and Quitclaim Deed. (4/5 Vote Required)
28. Adopt the Resolution approving the list of road projects to be funded by SB 1, The Road Repair and Accountability Act, for Fiscal Year 2022-2023, with costs for those projects estimated at $10,150,000 and funds from SB 1 for those projects anticipated to be $9,246,415.
29. Approve and authorize the Board Chair to sign a Measure V Regional Project Funding Agreement (MCAG Agreement No. 20220616TPMC1) with Merced County Association of Governments (MCAG), for the State Highway 33 & Centinella Drive Right Hand Turn Lane Study Project, effective July 1, 2022, in the amount of $100,000.
30. Approve and authorize the Board Chair to sign a Measure V Regional Project Funding Agreement (MCAG Agreement No. 20220616TPMC2) with Merced County Association of Governments (MCAG), for the Whitworth Road Rehabilitation Project, effective July 1, 2022, in the amount of $4,500,000.
31. 1) Approve Relief of Accountability to the Department of Public Health for the following Fixed Asset items: No. 55177-55186 – Ventilators; No. 55188-55197 – Ventilator Monitors; No. 51024 – Defibrillator; No. 54159 – Plasma Monitor; No. 55162 Data Card Photo ID System; and No. 55919 and F00493-F00495 – Ambulance Cots; and 2) Authorize the Auditor’s office to remove the items from the Department of Public Health’s inventory.
BEHAVIORAL HEALTH AND RECOVERY SERVICES
32. Approve and authorize the Board Chair to sign a rate-based agreement with Andrade Inc., dba Mar-Ric Care Home for residential care services, effective July 1, 2022 through June 30, 2025.
33. 1) Adopt the Resolution entitled, Adoption and Submission of Mental Health Services Act Fiscal Year 2022-2023 Annual Update to the Department of Health Care Services and the Mental Health Services Oversight and Accountability Commission; 2) Authorize the Behavioral Health and Recovery Services Director and Auditor-Controller to sign the Mental Health Services Act (MHSA) County Fiscal Accountability Certification form, required for submission with the Annual Update to certify fiscal accountability of MHSA programs; 3) Authorize the Behavioral Health and Recovery Services Director to sign the MHSA County Compliance Certification form, required for submission with the Annual Update to certify compliance with all requirements of MHSA; and 4) Authorize submission of the Merced County Fiscal Year 2022-2023 Mental Health Services Act (MHSA) Annual Update to the State of California Department of Health Care Services and the Mental Health Services Oversight and Accountability Commission.
34. Approve and authorize the Board Chair to sign a contract with Merced County Community Action Board dba 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, for a total contract amount not to exceed $400,000; and 2) Authorize the use of SB-850 funds up to the amount of $200,000.
35. Approve and authorize the Board Chair to sign a contract with the City of Los Banos for the transfer of funds to support a non-congregate emergency shelter within the city limits, effective July 1, 2022 through October 31, 2022, for a total contract amount not to exceed $200,000.
36. Approve and authorize the Board Chair to sign a contract with Merced Union High School District for adult education and training services, effective July 1, 2022 through June 30, 2023, for a total contract amount not to exceed $348,333.
37. Approve and authorize the Board Chair to sign a contract with Mission Merced, Inc. to provide distributive housing units to adult individuals experiencing homelessness, effective July 1, 2022 through June 30, 2023, for a total contract amount not to exceed $500,000.
38. Approve and authorize the Board Chair to sign a contract with Merced County Office of Education for Stage One Child Care Services effective July 1, 2022 through June 30, 2023, for a total contract amount not to exceed $3,873,485.
39. Confirm the appointment of Refugio Llamas as the County Veterans Service Officer.
COMMUNITY AND ECONOMIC DEVELOPMENT
40. 1) Authorize the Community and Economic Development Department to establish a Change Fund for the Environmental Health Division (Budget Unit 42000) in the amount of $250, effective July 1, 2022; 2) Authorize the Community and Economic Development Department to increase the Buildings and Safety Division (Budget Unit 16300) Change Fund by $100 for a total Change Fund in the amount of $200, effective July 1, 2022; 3) Authorize the Community and Economic Development Department to increase the Community and Economic Development-Business License (Budget Unit 18200) Division Change Fund by $150 for a total Change Fund in the amount of $250, effective July 1, 2022; 4) Authorize the Community and Economic Development Department to increase the Planning Division (Budget Unit 28500) Change Fund by $125 for a total Change Fund in the amount of $150, effective July 1, 2022; and 5) Authorize the Auditor-Controller’s Office to facilitate the necessary funds transfer, effective July 1, 2022.
41. Adopt an ordinance, introduced on May 24, 2022, entitled, “An Ordinance Relating to the Abatement of Abandoned, Wrecked, Dismantled, or Inoperative Vehicles”, which repeals and replaces Title 9, Chapter 9.14, of the Merced County Code.
42. Approve and authorize the Board Chair to sign a contract with Winton School District for a part time School Resource Officer, effective July 1, 2022 through June 30, 2023, for a total contract amount not to exceed $55,000.
43. 1) Approve and authorize the Board Chair to sign a contract with Merced Union High School District for two full time School Resource Officers, effective July 1, 2022 through June 30, 2023, for a total contract amount not to exceed $420,000; 2) Approve the addition of two (2) Deputy Sheriff/Coroner I/II positions, classification 4079/4080, salary range 74.3/76.2 in Budget Unit 22100; 3) Approve the amendments to the Position Allocation Resolution 06.120A; and 4) Approve associated budget transfer to establish two (2) capital assets, to purchase two (2) patrol vehicles to be utilized by the School Resource Officers.
44. 1) Approve and authorize the Board Chair to sign the Termination of Memoranda of Lease with Dignity Health, dba Mercy Medical; and 2) Approve and authorize the Board Chair to sign any other documents reasonably required for clearing title to the grounds now constituting the BHRS building generally located at 301 and 315 E. 13th Street, Merced, CA.
45. Ratify the Memorandum of Understanding between Merced County and American and Federation of State, County, and Municipal Employees (AFSCME) representing Bargaining Unit 11.
46. Approve and authorize the Board Chair to sign Amendment No. 1 to Contract No. 2017098 with Richard A. Ciummo & Associates, for indigent defense services, to change the attorney’s name to Fitzgerald, Alvarez, & Ciummo; and to modify certain terms and conditions of agreement, including extending the term expiration date from July 31, 2022 to June 30, 2025 with the option of two (2), one (1) year extensions, and increasing the contract amount from $9,418,851 to $15,957,540 through 2025 and $20,581,692 through 2027 if options are exercised.
47. 1) Direct Staff to program the following allocations in the Fiscal Year 2021-22 Budget: a) $1,500,000 for Community Park 42 (Merced) project b) $600,000 for Germino Building Retrofit at the Spring Fairground; 2) Direct Staff to program the following allocations in the Fiscal Year 2022-23 Budget: a) $500,000 for Delhi Education Park Restrooms b) $700,000 for the Franklin Beachwood Park Environmental and Design c) $1,000,000 for Hagaman Park Restrooms d) $300,000 for Santa Nella Park Environmental and Design; 3) Direct Staff to program the following allocation in the Fiscal Year 2024-25 Budget: a) $1,000,000 to support Homeless Navigation Center operations and existing county funded emergency shelter projects; 4) Direct Staff to program the following allocation in the Fiscal Year 2025-26 Budget: a) $1,000,000 to support Homeless Navigation Center operations and existing county funded emergency shelter projects; 5) Establish spending category for COVID-19 Pandemic Payment and authorize the use of ARPA-SLFRF funding in the amount of $3,000,000 in the event that labor bargaining units come to agreement with labor negotiators in a reasonable period of time through good faith bargaining; and 6) Approve a budget transfer in the amount of $2,100,000 associated with the capital improvement projects for Fiscal Year 2021-22 (4/5 Vote Required).
48. Approve the following appointments to the Merced County Workforce Development Board (WDB), with terms expiring June 30, 2026: 1) Reappoint Tim O’Neill as Business Representative, 2) Reappoint Vinton Thengvall as Business Representative, 3) Reappoint Michael Altomare as Business Representative, 4) Reappoint Mark Hendrickson as Economic & Community Development Representative, 5) Reappoint Greg Vincelet as Workforce Development Representative, and 6) Reappoint Jorge De Nava as Workforce Development Representative.
49. 1) Reappoint Eva de Long to serve as the District 4 member of the First 5 Commission, until March 23, 2024 and reappoint Paula Smith to serve as the District 5 member of the First 5 Commission, until March 23, 2025.
BOARD INFORMATION & POSSIBLE ACTION
50. Human Services Agency re: Homeless Housing, Assistance and Prevention Program Action Plan and Application Landscape Analysis and Outcome Goals and Strategies for Achieving Those Goals.
COMMUNITY AND ECONOMIC DEVELOPMENT - PUBLIC HEARING
2) Adopt a Resolution: A) approving the submittal of the CDBG Program Income grant application for Single-Family Housing Rehabilitation and Homebuyer Assistance in an amount up to $2,500,000; B) authorizing the Board Chair to execute the grant application and any related documents; C) upon successful award, authorizing the Board Chair to accept the award by executing the Standard Agreement and any subsequent amendments thereto, upon review by County Counsel; and D) authorizing the Community and Economic Development Director or designee to administer the CDBG grant program and to execute documents necessary for the administration of the CDBG program;
3) Adopt a Resolution adopting the Housing Rehabilitation and Homebuyer Assistance Guidelines;
4) Adopt a Resolution: A) approving the submittal of the CDBG Economic Development Planning and Technical Assistance grant application up to an amount of $250,000, and Infrastructure to Support Business grant application in an amount up to $750,000; B) authorizing the Board Chair to execute the grant applications and any related documents; C) upon successful award, authorizing the Board Chair to accept the awards by executing the Standard Agreements and any subsequent amendments thereto, upon review by County Counsel; and D) authorizing the Community and Economic Development Director or designee to administer the CDBG grant programs and to execute documents necessary for the administration of the CDBG programs; and
5) Direct the Community and Economic Development Director to return to the Board of Supervisors with an informational item when the application results are known.
HUMAN SERVICES AGENCY - PUBLIC HEARING
2) Adopt Resolution approving submittal of the Community Development Block Grant application for Public Services assistance;
3) Authorize the Board Chair to sign and to act on the County’s behalf in all matters pertaining to this application;
4) Authorize the Director of the Human Services Agency to submit an application with the California Department of Housing and Community Development for participation in the Community Development Block Grant, in the amount of $500,000 no later than June 20, 2022;
5) Upon a successful award, authorize the Board Chair to accept the award by executing the standard agreements and any subsequent amendments that are necessary to participate in the Community Development Block Grant program subject to approval by Counsel;
6) Authorize the Director of the Human Services Agency or Designee, such as the Deputy Director of the Human Services Agency, to administer the Community Development Block Grant and to sign documents necessary for the proper administration of the Community Development Block Grant program; and,
7) Direct the Director of the Human Services Agency to return to the Board of Supervisors with an informational item when the application results are known.
County Executive Officer, County Counsel, Board of Supervisors Members
POSSIBLE DIRECTION FOR FUTURE AGENDA ITEMS
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June 21, 2022 |
Board Meeting |
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July |
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July 12, 2022 |
Board Meeting |
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July 19, 2022 |
Board Meeting |
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