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, FEBRUARY 8, 2022

 

Closed Session – 8:30 a.m.

Regular Meeting – 10:00 a.m.

ARPA Public Hearing - 2:00 p.m.

 

Zoom – Morning Session

Visit: https://us06web.zoom.us/j/81282991590?pwd=RGZaTXlJd0NxN09lK1YxVHRnZ3Fjdz09

or Dial: 1(408)638-0968

Meeting ID: 812 8299 1590

Participant ID: #

Passcode: 409103

 

Zoom – American Rescue Plan Act (ARPA) Public Hearing

Visit: https://us06web.zoom.us/j/81282991590?pwd=RGZaTXlJd0NxN09lK1YxVHRnZ3Fjdz09

Or Dial: 1(408)638-0968

Meeting ID: 812 8299 1590

Participant ID: #

Passcode: 409103

 

 

Merced County Administration Building

2222 M Street

Board Room, Third Floor

Merced CA, 95340

www.countyofmerced.com

 

 

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

 

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

 

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

 

TELECONFERENCE INFORMATION

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

 

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

 

To join the meeting by computer: Visit https://us06web.zoom.us/j/81282991590?pwd=RGZaTXlJd0NxN09lK1YxVHRnZ3Fjdz09 (Morning Session) and https://us06web.zoom.us/j/81282991590?pwd=RGZaTXlJd0NxN09lK1YxVHRnZ3Fjdz09 (ARPA Public Hearing). See passcode above.

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

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

 

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

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

 

 

PUBLIC COMMENTS

Public opportunity to speak on any matter of public interest within the Board’s jurisdiction including items on the Board’s agenda, except for those items specifically scheduled as public hearings (see information below regarding public hearing public comments) will be taken at the beginning of the Board Meeting during the public comment period. In order that interested parties have an opportunity to speak, any person addressing the Board will be limited to a maximum of three (3) minutes.

 

In PersonPlease raise your hand when requested and you will be directed to the podium. 

 

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

 

EmailEmail public comments will not be read during the meeting, but will be delivered to the Board of Supervisors prior to the meeting if received by 5:00pm on the Monday prior to the Board meeting. Please send email public comments to the Clerk of the Board at publiccomments@countyofmerced.com.  These comments will be made part of the record.

 

In an effort to assist the Clerk in identifying the agenda item relating to your public comment please indicate in the Subject Line, the meeting body (i.e. Board of Supervisors Agenda) and item number (i.e. Item No. 10). If you wish to do so, please identify yourself in the email.  Email addresses will not be made part of the record of the meeting. 

 

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

 

 

PUBLIC HEARINGS – PUBLIC COMMENTS

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

 

In Person: Please raise your hand when requested and you will be directed to the podium

 

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

 

EmailEmails directed to the public hearing will be accepted up to and during the public hearing. Emails will not be read during the meeting, but will be delivered to the Board of Supervisors. Please send email public comments to the Clerk of the Board at specialmeetingcomments@countyofmerced.com. These comments will be made part of the record.

 

In an effort to assist the Clerk in identifying the public hearing agenda item relating to your public comment please indicate in the Subject Line, the subject matter. If you wish to do so, please identify yourself in the email.  Email addresses will not be made part of the record of the meeting. 

 

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

 

CLOSED SESSION: This is the portion of the meeting conducted in private without the attendance of the public or press to discuss certain confidential matters specifically permitted by the Brown Act. The public will be provided an opportunity to comment on any matter to be considered in closed session prior to the Board adjourning into the closed session.

 

The REGULAR MEETING is divided into three sections:

     •     CONSENT CALENDAR: These matters include routine financial and administrative action and usually are

              approved by a single vote.

     •     REGULAR CALENDAR: These items include significant policy and administrative actions.

     •     SCHEDULED ITEMS: These items are noticed hearings, work sessions and public hearings

 

BOARD AGENDA AND MINUTES: Board agendas, minutes, and copies of items to be considered by the Board of Supervisors are posted on the Internet at least 72 hours preceding a Tuesday meeting at the following website: www.countyofmerced.com 

 

REASONABLE ACCOMMODATIONS: Persons who require accommodation for any audio, visual or other disability or Spanish or Hmong interpretation in order to review an agenda, or to participate in a meeting of the Board of Supervisors per the American Disabilities Act (ADA), may obtain assistance by requesting such accommodation in writing. Please address your written request to the Clerk of the Board, 2222 M Street, Merced, CA 95340 or telephonically by calling (209) 385-7366. Any such request for accommodation should be made at least 48 hours prior to the scheduled meeting for which assistance is requested.

 

Spanish and Hmong interpreters are available.

 

Interpretes de espanol y hmong estan disponibles.

 

Peb muaj tug paab txhais lug Mev hab Hmoob.

 

 


8:30 A.M. – CLOSED SESSION

 

THE PUBLIC WILL BE PROVIDED AN OPPORTUNITY TO COMMENT ON ANY MATTER TO BE CONSIDERED IN CLOSED SESSION PRIOR TO THE BOARD ADJOURNING INTO THE CLOSED SESSION (TESTIMONY LIMITED TO THREE MINUTES PER PERSON)

CLOSED SESSION:                              

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

 

CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:

It is the intention of the Board to meet in Closed Session concerning Existing Litigation pursuant to Government Code Section 54956.9(d)(1):  Sedgwick Claims Management Services, Inc. v. County of Merced, Merced Superior Court Case No. 20CV-02577

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):  Hernandez v. County of Merced, Merced Superior Court Case No. 21CV-00318

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: Buildings 315, 317, 318, 362, 1015, 1110, 1340, 1356 and a fuel yard located on Castle Commerce Center/ Castle Airport.

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

Negotiation Parties: Xing Kong Aviation Services, LLC.

Under Negotiation: To request authority to renegotiate lease terms.

 

 

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)

 

 

PRESENTATION:

Retirement Presentation                                                  

 

SCHEDULED ITEMS:

 

COMMUNITY AND ECONOMIC DEVELOPMENT - PUBLIC HEARING

Foster Townsend Railroad Logistics Lease Agreement

RECOMMENDATION:

1) Hold public hearing to receive comments on the proposed lease with Foster Townsend Rail Logistics, LLC at Castle Commerce Center;

2) Find the proposed lease agreement and rail project categorically exempt from the California Environmental Quality Act under sections 15301, 15302, 15303, 15304, 15305, and 15311 of the CEQA Guidelines based on staff's CEQA analysis for this item; and,

3) Find the conditions specified in Government Code Section 25536.9 subdivision (b) have been met, and approve lease agreement with Foster Townsend Rail Logistics, LLC for approximately 6,500 feet of rail track and less than 1 acre of associated property generally located at the South end of Castle Commerce Center with a lease term of 20 years, and authorize the Chair to execute the said agreement. (4/5 Vote Required)

 

 

2:00 P. M.  SCHEDULED ITEM

COUNTY EXECUTIVE OFFICE – PUBLIC HEARING

American Rescue Plan Act (ARPA) – Coronavirus State and Local Fiscal Recovery Funds (SLFRF)

RECOMMENDATION:

1) Open Public Hearing and accept public comment;

2) Close Public Hearing;

3) Approve use of Merced County’s American Rescue Plan Act – Coronavirus State and Local Fiscal Recovery Funds (ARPA-SLFRF) allocation of $53,936,085 as Revenue Replacement;

4) Provide staff guidance regarding the ARPA-SLFRF Funding Framework;

5) Authorize the use of ARPA-SLFRF funding in the amount of $11,059,500 towards recommended Capital Improvement Projects in the Fiscal Year 2021-22 Budget and approve the associated budget transfer; (4/5 Vote Required)

6) Approve a budget transfer in the amount of $100,000 for the recoupment of Fiscal Year 2021-22 ARPA-SLFRF eligible expenses; (4/5 Vote Required)

7) Direct staff to program the following allocations in the Fiscal Year 2022-23 Budget:

         a) $4,700,000 for the Black Rascal Flood Control Project (Capital Project 87132);

         b) $10,000,000 for the reconstruction and resurfacing of county roads;

         c) $1,000,000 to support the Homeless Navigation Center operations and existing county funded emergency shelter projects;

         d) $6,500,000 to support Public Safety functions; and

         e) $350,000 to support COVID-19 testing and vaccination efforts; and

8) Direct staff to program the following allocations in the Fiscal Year 2023-24 Budget:

         a) $1,000,000 to support the Homeless Navigation Center operations and existing county funded emergency shelter projects.

 

 

 

REPORTS/BOARD DIRECTION

County Executive Officer, County Counsel, Board of Supervisors Members

 

Session Items (Placeholder Section)

CONSENT CALENDAR (Items # 1-12)

Board of Supervisors

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

Public Works

2.        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)

3.        Find that substantial evidence demonstrates than 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)

4.        Find that substantial evidence demonstrates that an emergency continues to exist regarding the collapsed stone wall along the water edge at Lake Yosemite such that the emergency will not permit a delay resulting from solicitation for bids, and that the action to repair the wall is necessary to respond to the emergency. (4/5 Vote Required)

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)

Health

6.        Approve Amendment No. 08 to Contract No. 2000239 with Dignity Health, dba Mercy Medical Center to continue to serve as a Base Hospital, in compliance with the policies and procedures of the County; exercising the option to extend the contract an additional three (3) years with a new term date of August 13, 2024.

7.        Approve Amendment No. 01 to Contract No. 2020072 with Dr. Salvador Sandoval, MD, to serve as the Merced County Health Officer, increasing the total contract amount from $200,000 to $314,000.

Human Services Agency

8.        Approve Amendment No. 3 to Contract No. 2021308 with Merced Inn and Suites to provide temporary quarantine and isolation services utilizing motel rooms for individuals who are experiencing homelessness who are COVID-19 positive or deemed Person Under Investigation per Merced County Public Health Department increasing the contract amount from $140,000 to $227,791.

Fire

9.        Approve Budget Transfer in the amount of $12,000 for the installation of fiber optic cable feed for telephone and internet services, to the Modular Classroom building located at the Fire Department Training Area located at Castle.

Sheriff

10.     Approve Amendment No. 1 to Contract No. 2019281 with Behavioral Intervention, Inc. (BI Inc.) for electronic monitoring services, modifying the term end date from January 31, 2022 to June 30, 2022.

Board Recognition

11.     Certificates of Recognition to Sarah Ward, Cooper Lanz, Noor Amro, Amethyst Lumley, Jenna Bates, and Seth Scheidt, for Daughters of the American Revolution Good Citizens Scholarship Awards, presented February 5, 2022.

12.     Proclaim the week of January 30, 2022 through February 5, 2022, as “Catholic Schools Week” in Merced County.

REGULAR CALENDAR

BOARD ACTION

PUBLIC WORKS

13.     1) Approve the selection of Sletten Construction Company as the Design-Build Entity (D-BE) for Phase II of the Correctional Facility Project;  2) Authorize the Director of Public Works to award a contract in the amount of $1,650,890.00 for design and preconstruction services to arrive at the final Guaranteed Maximum Price (GMP) for the project;  3) Authorize the Director of Public Works to finalize and execute said agreement, and any amendments or change orders thereto, subject to County Counsel and Risk Management review; 4) Authorize Staff, in conjunction with the Financial Advisor, to assemble a Finance Team consisting of Bond Counsel, Disclosure Counsel, Trustee, Underwriter, Underwriter’s Counsel, Municipal Advisor, Rating Agency, and other experts necessary through appropriate measures to assist in the preparation of the necessary plans and preliminary documents for financing of Phase II of the Correctional Facility Project; 5) Authorize Staff, in conjunction with the Financial Advisor, to prepare with Finance Team members the necessary agreements to obtain financing for the project and return to the Board for approval; 6) Adopt the Resolution authorizing the reimbursement of expenditures related to Phase II of the Correctional Facility Project from proceeds of indebtedness; and 7) Approve the associated budget transfer. (4/5 Vote Required).

14.     1) Adopt a Resolution adopting a Notification of Intent to Comply (NOIC) pursuant to SB 619; and 2) Authorize the Director of Public Works to execute and submit to CalRecycle the NOIC and any related documents, and to modify the NOIC, as needed.

15.     1) Find the Castle Buildings Demolition Project exempt from environmental review under section 15268 – “Ministerial Projects,” 15301 – “Existing Facilities”, and 15308 – “Actions by Regulatory Agency for Protection of the Environment” of the CEQA Guidelines; 2) Adopt the Plans and Specifications for the demolition of the following Castle Buildings in the vicinity of Heritage Drive and Challenger Way Base Bid for demolition of Building No. 1038 and for partial demolition of Building No. 1230; Alternate No. 1 for demolition of Buildings Nos. 262, 264, 265 and Alternate No. 2 for Building No. 411; 3) Authorize the Department of Public Works to advertise said Plans and Specifications for a Public Bid Opening; 4) Authorize the Director of Public Works to award a Construction Contract to the lowest responsible bidder provided said bid was within the established budget and execute said Construction Contract upon review by the Department of Public Works, Risk Management, and County Counsel; and, 5) Return to the Board of Supervisors with an informational item describing all actions taken.

16.     1) Find that substantial evidence demonstrates that an emergency exists regarding an HVAC Unit in a dormitory 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); and 2) Approve the associated budget transfer.

COMMUNITY AND ECONOMIC DEVELOPMENT

17.     1) Approve the termination of the Industry Track Agreement (Contract No. 2017252) with Burlington Northern Santa Fe (BNSF) and authorize the Chairman to execute termination letter on a date to be determined that is consistent with the timeline outlined in the staff report; and, 2) Authorize the Director of Community and Economic Development to execute any other instrument that may be needed to perfect the termination with BNSF, subject to review by the County Executive Officer and County Counsel.

18.     Approve and authorize the Chairman to execute a license agreement with Foster Townsend Railroad Logistics, LLC (FTRL) for a term of 120 days in an amount of $5,000.00, granting FTRL temporary access to approximately 70 acres located in the Rail District at the Castle Commerce Center.

19.     1) Find adoption of the proposed ordinance is exempt from environmental review under the California Environmental Quality Act pursuant to section 15061 of the CEQA Guidelines; and, 2) Adopt an ordinance, introduced on January 25, 2022, entitled "AN ORDINANCE RELATING TO GROUNDWATER MINING AND EXPORT".

AUDITOR

20.     Approve a line of credit in an amount not to exceed $30,000 from the Special District Augmentation Loan Fund (SDALF), bearing an interest rate equal to the Treasury Rate, to the East Merced Resource Conservation District (EMRCD) to be used for cash flow purposes due to the Districts' outstanding grants. The line of credit will mature on March 31, 2024.

ADMINISTRATIVE SERVICES

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

HUMAN RESOURCES

22.     1) Approve departmental personnel actions as listed in Attachment A - Departmental Personnel Actions; 2) Establish the job classification specification of: BHRS Program Coordinator and Grant Writer; 3) Approve the modifications to the following existing job classification specifications: Deputy County Counsel I/II/III/IV; and 4) Approve the amendments to the Salary Allocation Resolution 06-120, the Position Allocation Resolution 06-120/A and the Merced County Human Resources Rules and Regulations 2007-22.

EXECUTIVE OFFICE

23.     Approve and authorize County Executive Officer to sign Agreement to Terminate Escrow Agreement with Mercy Medical.

24.     Approve the designation of Deputy County Executive Officer Sommer Moniz as the primary representative for the PRISM Board of Directors effective February 25, 2022.

 

POSSIBLE DIRECTION FOR FUTURE AGENDA ITEMS

 

March

            March 1, 2022

            Board Meeting

            March 22, 2022

            Board Meeting

April

            April 5, 2022

            Board Meeting

            April 26, 2022

            Board Meeting