SUMMARY ACTION MINUTES

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SUMMARY ACTION MINUTES

BOARD OF SUPERVISORS

Regular Meeting

TUESDAY, MAY 24, 2016

Closed Session – 8:30 a.m.

Regular Meeting – 10:00 a.m.

MERCED COUNTY

ADMINISTRATION BUILDING 2222 “M” STREET

BOARD ROOM, THIRD FLOOR MERCED, CALIFORNIA 95340 (209) 385-7366

JOHN PEDROZO…..DISTRICT 1 CHAIRMAN HUBERT “HUB” WALSH, JR….DISTRICT 2 DARON McDANIEL…..DISTRICT 3 DEIDRE F. KELSEY….DISTRICT 4 JERRY O’BANION…..DISTRICT 5

JAMES L. BROWN JAMES N. FINCHER

COUNTY EXECUTIVE OFFICER COUNTY COUNSEL

All supporting documentation is available for public review in the Office of the Clerk of the Board of Supervisors located in the County Administration Building,

Third Floor, 2222 “M” Street, Merced, California, 95340

During regular business hours, 8:00 a.m. – 5:00 p.m., Monday through Friday.

The Agenda is available online at

Any material related to an item on this Agenda submitted to the Clerk after distribution of the Agenda packet is available for public inspection in the Office of the Clerk of the Board

Members of the public are advised that all pagers, cellular telephones and any other communication devices are to be turned off upon entering the Board Chambers

HEARING ASSISTANCE DEVICES ARE AVAILABLE FOR PUBLIC USE INQUIRE WITHIN THE BOARD OF SUPERVISORS OFFICE

Persons who require accommodation for any audio, visual or other disability 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 addressed 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

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2 The Agenda is divided into three sections:

CONSENT CALENDAR – These matters include routine financial and administrative action and usually are approved by a single vote.

SCHEDULED ITEMS – These items are noticed hearings, work sessions and public hearings.

REGULAR CALENDAR – These items include significant policy and administration actions. Immediately after approval of the CONSENT CALENDAR, if the time of the hearing of SCHEDULED ITEMS has not arrived, the REGULAR CALENDAR will be considered.

SCHEDULED ITEMS

Closed s essi ons

8:30 A. M. THE PUBLIC IS INVITED TO SPEAK ON ANY ITEM ON THE AGENDA- TESTIMONY IS 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: United Public Employees (UPE), Unit 3; Merced County Attorney Association (MCAA), Unit 7; Merced County Deputy Sheriff Association (DSA), Unit 10; Merced County Public Safety Services Unit (MCPSSU), Unit 14; 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): Vazquez v. County of Merced, Merced Superior Court Case No. CVM107277.

2) People of the State of California v. Cornerstone Propane Operating LLC, et al., Merced Superior Court Case No. 16CV-01042.

THE BOARD RECESSED AT 8:30 A.M. AND RECONVENED AT 10:00 A.M. WITH ALL MEMBERS PRESENT, AND THE CHAIRMAN ADVISED STAFF WAS GIVEN DIRECTION AND THERE WERE NO REPORTABLE ITEMS

GOVERNMENT CODE SECTION 54954.2 COMPLIANCE (LATE AGENDA ITEMS)

10:00 A. M. 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)

REVIEW BOARD ORDER – SEE PAGE 13

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PUBLIC HEARINGS:

PUBLIC WORKS - PUBLIC HEARING - PROPOSED ORDINANCE

To consider proposed Ordinance amending Chapter 5.64 of the Merced County Code entitled "County Service Area Number One User Charge Rates for Zones of Benefit" (Superseding Ordinance No. 1932).

RECOMMENDATION:

1) Introduce proposed Ordinance to consider amending Chapter 5.64 of the Merced County Code entitled “County Service Area number One User Charge Rates for Zones of Benefit” (Superseding Ordinance No. 1932); 2) Waive Further Reading of the Ordinance; 3) Open Public Hearing; 4) Receive testimony; 5) Close Public Hearing; 6) Adopt proposed Ordinance amending Merced County Code Chapter 5.64 and Superseding Ordinance No. 1932 establishing County Service Area Number One User Rates for the 2016/2017 fiscal year.

AUDITOR - PUBLIC HEARING

To consider Citizens' Option for Public Safety (COPS) program funding allocation of the enhancing law enforcement activities subaccount and requests for funding.

RECOMMENDATION:

1) Open Public Hearing, receive comments, and close the public hearing; 2) Approve the submitted requests from the District Attorney and the Sheriff's Office for the Citizens' Options for Public Safety (COPS) program; and 3) Authorize the Auditor's Office to distribute COPS funding based on approved submitted requests.

COMMUNITY AND ECONOMIC DEVELOPMENT - PUBLIC HEARING

To consider amendment of the Agricultural Preserve as per the California Land Conservation Act of 1965 (Williamson Act) in Merced County.

RECOMMENDATION:

1) Open the Public Hearing and receive testimony; 2) Close the public hearing; 3) Find the removal of the land from the Agricultural Preserve pertaining to: a) PLA15-012 located on the north side of Stretch Road, 1,035 feet east of Piedmont Drive in the Merced Area, b) PLA 16-007 located on the north side of Youd Road, 1.25 miles west of Highway 59 in the Winton area, are exempt from CEQA under Section 15183, Projects Consistent with a Community Plan or Zoning based on the findings listed in the Board Agenda Item; and 4) Adopt the Resolution to amend the Agricultural Preserve as per the requirements of the Land Conservation Act of 1965 (Williamson Act) Section 51200 et seq. of the California Government Code.

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COMMUNITY AND ECONOMIC DEVELOPMENT - PUBLIC HEARING

To consider Conditional Use Permit Application No. CUP14-012 - Greenlight Energy Solar Project.

RECOMMENDATION:

1) Open the Public Hearing and accept public comment; 2) Close the Public Hearing; 3) Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting program prepared for CUP14-012); 4) Remove the project site from the Williamson Act Agricultural Preserve; and 5) Approve Conditional Use Permit number CUP14-012 – for the Green Light Energy 3MW solar energy facility located on the west side of Ortigalita Road, 1800 feet north of Charleston Road in the Los Banos area subject to conditions of approval included in the staff report; and adopt the resolution.

REVIEW BOARD ORDER – SEE PAGE 14 AND 15

REPORTS/BOARD DIRECTION

County Executive Officer, County Counsel, Board of Supervisors Members

CONSENT CALENDAR (Items # 1-50)

APPROVED AS RECOMMENDED EXCEPT ITEM 49 AND ITEM 50 HEARD SEPARATELY AYES: ALL

1. Approve the donation from the Rural Community Assistance Corporation for drinking water stations, which include filling stations for water bottles, at the Merced County parks in Le Grand and Planada.

Public Works

2. Adopt the Resolution designating the intersection of Atwater Jordan Road and Lincoln Boulevard in the Livingston area as an all-way stop intersection; and direct the Director of Public Works to post stop signs on the Lincoln Boulevard approaches to its intersection with Atwater Jordan Road.

3. Adopt the Resolution designating the intersection of Almond Avenue and Central Avenue in the Winton area as an all-way stop intersection and direct the Director of Public Works to post stop signs on the Central Avenue approaches to its intersection with Almond Avenue.

ADOPTED RESOLUTION NO. 2016-40

4. Authorize the installation of televisions in the inmate areas as part of the newly installed control panel system to be added to the existing American Alarm Contract No. 2014092 by Change Order; authorize the Director of Public Works to negotiate and execute said Change Order in an amount not to exceed $24,000; and approve the related budget transfer. (4/5 Vote Required)

5. Approve Budget Transfer in the amount of $20,000 to purchase 4 additional Radar Speed Signs.

6. Approve and authorize the Chairman to sign Renewal Contract No. 2004082 with California Dept. of Food and Ag. for registration and inspections of organic producers.

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5 7. Approve and authorize the Chairman to sign Renewal Contract No. 2007246 with California

Dept. of Food and Ag. for nursery stock inspection activities at County nursery locations. 8. Approve and authorize the Chairman to sign Renewal Contract No. 2015144 with California

Dept. of Food and Ag. for Certified Farmers Market inspection activities.

9. Approve and authorize the Chairman to sign Renewal Contract No. 2004057 with California Crop Improvement Association for services to the Seed Certification program.

10. Set a public hearing for June 7, 2016 to consider the Report of Demolition of the structure located at 490 Highway 33, Gustine, CA (APN# 054-120-006) and (a) authorize the Auditor-Controller and Tax Collector to assess the cost of demolition for a total amount of $14,123.09, on the Assessment Roll as a Special Assessment and a lien on the property, pursuant to the Uniform Housing code Section 1605 or (b) Obligate the property owner to pay all costs of demolition according to Uniform Housing Code 1605.2.

Health

11. The Merced County Department of Public Health is exercising the right to auto-renew Contract No. 2013102 with the California Forensic Medical Group, Inc. to provide comprehensive health care services for Adult and Juvenile Detainees for the period of July 1, 2016 through June 30, 2017; approve Amendment 1 to Contract No. 2013102 that increases services associated with tele-psychiatry care for the period of July 1, 2016 through June 30, 2017 for a total contract amount not to exceed $5,618,685.23; and authorize the Chairman to sign the amendment.

12. Approve and authorize the Chairman to sign Amendment Contract No. 2016032 with Healthy House Within a MATCH Coalition for nutrition education and obesity prevention services.

13. Approve and authorize the Chairman to sign Amendment Contract No. 2010280 with Central California Alliance for Health for Physician Services.

14. Approve and authorize the Chairman to sign Amendment Contract No. 2008135 with California Dept. of Health Services for funding of Medi-Cal Administrative Activities associated with the administration of the Medi-Cal program; and adopt the resolution.

15. Approve and authorize the Chairman to sign Amendment Contract No. 2013139 with California Dept. of Public Health - Office of AIDS for administration of the AIDS Drug Assistance Program; and adopt the resolution.

16. Approve and authorize the Chairman to sign Renewal Contract No. 2006016 with California Dept. of Resources Recycling and Recovery to support waste tire enforcement activities.

17. Approve and authorize the Chairman to sign Interdepartmental Renewal Contract No. 2011145 with Human Services Agency for implementation of the Cultural and Linguistic Outreach for Veterans as part of the Mental Health Services Act Prevention and Early Intervention.

Mental Health

18. Approve and authorize the Chairman to sign Interdepartmental Renewal Contract No. 2004103 with Human Services Agency for mail courier services.

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6 19. Approve and authorize the Chairman to sign Interdepartmental Renewal Contract No.

2009267 with Human Services Agency/Area Agency on Aging for implementation of the Program to Encourage Active, Rewarding Lives for Seniors (PEARLS) as part of the Mental Health Services Act Prevention and Early Intervention.

20. Approve and authorize the Chairman to sign Renewal Contract No. 2014198 with Golden Valley Health Centers for implementation of the Integrated Mental Health in Primary Care Settings Program and the Cultural Brokers for Mental Health Services Program as part of the Mental Health Services Act Prevention and Early Intervention.

21. Approve and authorize the Chairman to sign Interdepartmental Renewal Contract No. 2014038 with Public Health for expansion of the Community Outreach Program Engagement and Education (COPE) program.

22. Approve and authorize the Chairman to sign Interdepartmental Renewal Contract No. 2012167 with the Probation Department for the services of one Deputy Probation Officer related to the Adult Mental Health Court as part of the Mental Health Services Act Community Services and Supports Plan.

23. Approve and authorize the Chairman to sign Renewal Contract No. 2014197 with Livingston Community Health Services for the Integrated Mental Health in Primary Care Settings Program and the Cultural Brokers for Mental Health Services Program as part of the Mental Health Services Act Prevention and Early Intervention.

24. Approve and authorize the Chairman to sign Renewal Contract No. 2014153 with Aegis Treatment Centers, LLC for Drug Medi-Cal outpatient narcotic treatment services.

25. Approve and authorize the Chairman to sign Renewal Contract No. 2013066 with National Alliance on Mental Illness for Mental Health Services Act Prevention and Early Intervention capacity building activities and support services.

26. PULLED

27. Authorize Human Services Agency to accept a donation from La Morenita Tortilleria & Meat Market in the amount of $914 for underprivileged children during Child Awareness Month. Human Services Agency

28. Approve and authorize the Chairman to sign Renewal Contract No. 2012130 with Aspiranet to provide home visitor services.

29. Approve and authorize the Chairman to sign Renewal Contract No. 2010079 with Merced County Office of Education - Regional Occupation Program for the provision of vocational training services for Welfare-to-Work participants.

30. Approve and authorize the Chairman to sign Renewal Contract No. 2010078 with Merced Union High School District for Adult Education Services.

31. Approve and authorize the Chairman to sign Renewal Contract No. 2007125 with Merced County Office of Education for community development and support.

32. Approve and authorize the Chairman to sign Interdepartmental Renewal Contract No. 2015008 with Workforce Investment to provide subsidized employment services to Welfare to Work participants.

33. Approve and authorize the Chairman to sign Interdepartmental Renewal Contract No. 2009099 with Mental Health to provide mental health and substance abuse services.

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7 34. Approve and authorize the Chairman to sign Interdepartmental Renewal Contract No.

2007091 with County Counsel for departmental legal services.

35. Approve and authorize the Chairman to sign Interdepartmental Renewal Contract No. 2009296 with County Library for Literacy training services.

36. Approve and authorize the Chairman to sign Amendment Contract No. 2015151 with Global Logistics Development (GLD) Partners, LLC for legal support of the “Before Market Phase” for Castle Commerce Center.

Community and Economic Dev.

37. Approve Budget Transfer in the amount of $6,500 to replace color copy machine. Child Support Services

38. Approve Budget Transfer in the amount of $65,000 to increase the 2015/2016 appropriations for Youth contract obligations. (4/5 Vote Required)

Workforce Investment

39. Approve and authorize the Chairman to sign Amendment Contract No. 2014044 with California Dept. of Water Resources for Merced County Regional Flood Emergency Response Project Program.

Fire

40. Accept the $1,400 donation from North Merced Rotary to purchase high school equivalency exam vouchers for the Merced County Library Read and Succeed Adult Literacy program. Library

41. Approve Budget Transfer in the amount of $14,000 to purchase children's furniture from Core Business Interiors.

42. Act on Claims for Damages received from Gloria Zavala, Sarah Young, Sysco Lopez, and Matthew Murray, and application for leave to present a late claim from Van Jamison as recommended by Risk Management and County Counsel.

Executive Office

43. Approve and authorize the Chairman to sign Amendment Contract No. 2007140 with Judicial Council of California, Administrative Office of the Courts for lease for Courtroom 10 (700 W. 22nd Street, Merced).

44. Approve travel request received from Public Health as recommended by Executive Office.

45. Authorize Certificates of Recognition to various individuals for accomplishments and graduation from Merced County Day Reporting Center.

Board Recognition

46. Authorize Certificates of Recognition to Walter Parton for receiving the Dos Palos Good Samaritan Award and Ryan Jones for Receiving the Dos Palos Youth Good Samaritan Award.

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8 47. Authorize Certificate of Recognition of the Hmongstory 40 Exhibit and Merced Grand

Opening.

48. Authorize Certificate of Recognition to Rennise Ferrario for accomplishments as Executive Director of Merced County Housing Authority.

49. Authorize Certificate of Recognition to Marie Green Psychiatric Health Facility for 20th Anniversary.

50. Authorize Resolution of Recognition to Sutter Health in honor of the recent Truven Award which named Sutter Health as one of the top-performing health systems in the country.

REGULAR CALENDAR BOARD ACTION

51. Approve the Plans and Specifications for the Walnut Avenue Complete Street Upgrade (Phase 1) Project; and direct Public Works to return to the Board with an Informational Item disclosing all actions taken on the project at a subsequent Board Meeting.

PUBLIC WORKS

52. Approve the Plans and Specifications for the Lake Road Shoulder Widening Project; and direct Public Works to return to the Board with an Informational Item disclosing all actions taken on the project at a subsequent Board Meeting.

AUTHORIZED CONTRACT NO. 2016093 AS RECOMMENDED AYES: ALL

53. Contract with Office of the State Controller, Division of Audits to prepare the annual Street and Road Report for Fiscal Year 2015/2016.

54. Contract with Westervelt for sale of Seasonal Wetland credits from Grassland Mitigation Bank for the Dickenson Ferry Road Bridge Replacement Project over Bear Creek; and approve the related Budget Transfer.

55. 1) Approve the Agreement of Purchase of Real Property between Merced County and Joe C. Lourenco and Carlos C. Lourenco for acquisition of property, easement deed, and temporary construction easement for the Dickenson Ferry Road Bridge Replacement Project; 2) Authorize the Chairman to sign the agreement listing the terms and conditions of the acquisition; 3) Adopt Resolution accepting the Grant Deed from Joe C. Lourenco and Carlos C. Lourenco for acquisition of property for the Dickenson Ferry Road Bridge Replacement Project; 4) Adopt Resolution accepting the easement deed from Joe C. Lourenco and Carlos C. Lourenco; 5) Approve payment to Fidelity National Title Company for the accepted value of property plus escrow and any other transaction fees; and, 6) Approve the related Budget Transfer.

56. Contract with Department of Transportation (Caltrans) for Federal Apportionment Exchange and State Match Program Agreement No. X16-5939(110); and adopt the Resolution.

AUTHORIZED CONTRACT NO. 2016097 AND ADOPTED RESOLUTION NOS. 2016-44-GRANT DEED AND 2016-45-EASEMENT DEED AS RECOMMENDED AYES: ALL

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AUTHORIZED CONTRACT NO. 2016098 AND ADOPTED RESOLUTION NO. 2016-46 AS RECOMMENDED AYES: ALL

57. Approve submission of the Solid Waste Local Enforcement Agency grant application for Fiscal Year 2016/2017 to support local solid waste enforcement programs; authorize the Public Health Director or designee to submit the online grant application and any administrative requests necessary to secure the grant funds and implementation of the project when approved; adopt the Resolution authorizing submission of the grant application; and return to the Board for contract approval if awarded.

HEALTH

58. Contract with ChangeLab Solutions for nutrition education and obesity prevention services.

ADOPTED RESOLUTION NO. 2016-47 AS RECOMMENDED AYES: ALL

59. Contract with The Sarah Samuels Center for Public Health Research & Evaluation to provide evaluation support services for the Supplemental Nutrition Assistance Program Education grant.

60. Contract with Optimal Solutions Consulting for the development of a Local Health Department Strategic Plan.

61. Approve the Joint Powers Agreement in order to form the Merced Integrated Regional Water Management Authority; and authorize the Chairman to sign Agreement.

62. Contract with John Snow, Inc. (JSI) for website development services for the Nurse-Family Partnership Program.

63. Authorize the Mental Health Director to sign and submit grant applications to the Central California Alliance for Health for the 2016 Medi-Cal Capacity Grant funding opportunity to support development of Medi-Cal capacity in all three of its priority focus areas in Merced County; and return to the Board upon notification of a Grant Award.

MENTAL HEALTH

APPROVED AS RECOMMENDED AYES: ALL

64. 1) Authorize the Chairman to sign Amendment 3 to Contract No. 2010068 with Kings View Corporation to provide services of a Patients’ Rights Advocate, extending the end date from June 30, 2015 to December 31, 2016 and increasing the total contract amount from $130,177 to $152,188; 2) Authorize the Dept. of Administrative Services on behalf of the Mental Health Dept. to develop and release a Request for Proposal to secure a qualified provider of Patients’ Right Advocate services, to select the most responsive bidder to negotiate an agreement; and 3) Return to the Board for final agreement execution.

65. Contract with Tuolumne County Behavioral Health Dept. for the provision of inpatient services at the Marie Green Psychiatric Health Facility.

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10 66. Contract with United Way of Merced County for coordination of the Continuum of Care

Homeless Project.

67. Contract with The Regents of The University of California-Merced for services related to evaluation, analysis and consultation of the triage program.

68. Contract with Aspiranet to provide housing and supportive services to youth aging out of foster care.

HUMAN SERVICES AGENCY

69. Approve Interdepartmental agreement with First 5 Merced County to support and expand services offered by the All Moms Matter (AMM) & Hmong Women's Initiative programs that include education, resources, and a network of support to first time mothers, and mothers of young children 0 to 5.

70. Authorize the Dept. of Administrative Services, in coordination with Community and Economic Dev., to prepare and release a Request for Proposal (RFP) to hire a contractor to manage and maintain the Castle Airport Community Water System, select the most responsive provider, and return to the Board for approval.

COMMUNITY AND ECONOMIC DEV.

71. Ratify the Construction Permit for CVIN, LLC to install Fiber Optic infrastructure within the confines of Castle Commerce Center to connect Unwired Broadband to their network issued by the Director of Community and Economic Development.

72. Approve Memorandum of Understanding setting forth items of agreement among agencies within the Merced Groundwater Subbasin following the Sustainable Groundwater Management Act.

73. Contract with Matrix Consulting Group, LTD for Fire Department review; direct staff to return to the Board upon completion of the review to share any findings or recommendations as a result of the study for further consideration and; approve the related budget transfer.

FIRE

74. PULLED SHERIFF

75. Contract with A&R Mortuary Services of Modesto California to provide deceased person transportation services.

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11 76. Acceptance of the Quarterly Investment Report for the period of January 31, 2016 to March

31, 2016.

TREASURER/TAX COLLECTOR

77. Approve the selling of properties subject to the Tax Collector’s power to sell at a Public Internet Auction August 27-29, 2016; and approve the authorization for the Tax Collector to reduce the minimum bid price if no bids are received or approve the re-offer of unsold parcels on the same day and and/or next scheduled auction within 90 days with parties of interest notification.

78. Approve the agreement to sell tax-defaulted property (APN 224-020-016) to the City of Merced pursuant to Chapter 8 of the Revenue & Taxation Code.

79. PULLED LIBRARY

80. Approve claim for refund of property taxes for the year 2008, 2009, 2010 and 2011 relating to the disabled veteran’s property tax exemption and; approve payment to Edward J. Garcia for the amount of refund payable under the exemption for the year 2008, 2009, 2010 and 2011.

EXECUTIVE OFFICE

81. Request the Board amend their 2016 regular scheduled meeting calendar moving the June 21, 2016 regularly scheduled meeting to June 28, 2016 which will include Proposed Budget.

82. Authorize $800 of District One’s Special Board Project Funds to be forwarded to the Merced Society for the prevention of Cruelty to Animals (SPCA) to provide support for their animal shelter.

BOARD OF SUPERVISORS

83. Authorize $500 of District One’s Special Board Project Funds to be forwarded to the Cesar Chavez Middle School for their graduation.

APPROVED AS RECOMMENDED AYES: 1, 2, 4, 5 ABSTAIN: 3

84. Authorize $1,000 of District One’s and $6,500 of District Two’s Special Board Project Funds to be forwarded to the Kiwanis Club of Greater Merced to be used towards the cost of installing permanent awnings over 2 rides at Kiddieland in Applegate Park.

85. Authorize $2,901.43 of District Five’s Special Board Project Funds to be forwarded to the Los Banos VFW Post 2487 for the cost of a replacement refrigerator.

86. Authorize $2,500 of District Four’s Special Board Project Funds to be forwarded to State Board of Equalization for the Tax Rate Area Mapping fee associated with the boundary change proposed by the Merquin and Winton Cemetery Districts; and approve the related

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12 budget transfer.

87. Reappoint Robert Streeter M.D. to serve on the Santa Cruz-Monterey-Merced Managed Medical Care Commission as the Hospital Rep. At Large for a four year term ending April 22, 2020.

BOARD APPOINTMENTS

88. Appoint Rob Smith to the Santa Cruz-Monterey-Merced Managed Medical Care Commission, representing Medi-Cal Beneficiary to an unexpired term ending April 18, 2018; and reappoint Dorothy Bizzini to the Public Representative position until April 22, 2020.

89. Reappoint Kelly Mitchell to the Solid Waste Independent Hearing Panel to serve until April 7, 2020.

BOARD INFORMATION & POSSIBLE ACTION

ACCEPTED AND PLACED ON FILE AYES: ALL APPROVED AS RECOMMENDED AYES: ALL

90. Fish and Game Commission re: Notice of Proposed Regulatory Action to amend Sections 300, 311, and 745.5 Title 14, California Code of Regulations, regarding Upland game bird hunting, which was published in the California Regulatory Notice Register on May 6, 2016. 91. Fish and Game Commission re: Notice of Proposed Regulatory Action to add Sections

250.2, Title 14, California Code of Regulations, relating to establishing a non-lead ammunition coupon program, which was published in the California Regulatory Notice Register on May 6, 2016.

92. Fish and Game Commission re: Notice of Proposed Regulatory Action to amend Sections 550, 550.5, 551, 552, 630 and 702, and repeal Subsections 703(a)(2) and 703(c), Title 14, California Code of Regulations, regarding Department of Fish and Wildlife Lands Pass Program and Land Public uses, which was published in the California Regulatory Notice Register on May 6, 2016.

93. Fish and Game Commission re: Notice of Findings regarding fisher (Pekania) which was published in the California Regulatory Notice Register on May 6, 2016.

THE BOARD RECESSED TO MEET AS AN IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY AND RECONVENED TO MEET AS A BOARD OF SUPERVISORS

THE BOARD ADOPTED RESOLUTIONS IN MEMORY OF ANNA HERRERA AND BEAU HATFIELD AND ADJOURNED THE MEETING UNTIL TUESDAY, JUNE 7, 2016 AT 10:00 A.M.

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BOARD ORDERS – SUMMARY ACTION MINUTES – MAY 24, 2016

10:00 A.M. SCHEDULED ITEM 2016-05-24 PUBLIC OPPORTUNITY

Jean Okuye, East Merced Resource Conservation District gives an update on the Lower Merced River Stewardship Program and submits documents.

Persent: Walsh, Pedrozo, McDaniel, Kelsey, O’Banion

10:00 A.M. SCHEDULED ITEM

2016-05-24 PUBLIC WORKS – PUBLIC HEARING – ADOPTED ORDINANCE NO. 1944

Time and date previously set for a public hearing to consider proposed Ordinance amending Chapter 5.64 of the Merced County Code entitled “County Service Area Number One User Charge Rates for Zones of Benefit” (Superseding Ordinance No. 1932).

Upon motion of Supervisor O’Banion, seconded by Supervisor Pedrozo, duly carried, the Board waives further reading of the Ordinance.

The Chairman opens the Public Hearing and asks if there is anyone present wishing to speak. No one speaks. The Chairman closes the Public Hearing.

Upon motion of Supervisor O’Banion, seconded by Supervisor Kelsey, duly carried, the Board adopts Ordinance No. 1944 establishing County Service Area Number One User Rates for the 2016/2017 fiscal year (Superseding Ordinance No. 1932 and amends County Code Chapter 5.64).

Ayes: Walsh, Pedrozo, McDaniel, Kelsey, O’Banion

2016-05-24 AUDITOR – PUBLIC HEARING

Time and date previously set for a public hearing to consider the Citizens’ Option for Public Safety (COPS) Program Funding.

The Chairman opens the Public Hearing and asks if there is anyone persent wishing to speak. No one speaks. The Chairman closes the Public Hearing.

Upon motion of Supervisor O’Banion, seconded by Supervisor Pedrozo, duly carried, the Board approves the submitted requests from the District Attorney and Sheriff’s Office for the Citizens’ Option for Public Safety (COPS) program funding; and authorizes the Auditor’s Office to distribute COPS funding based on approved submitted requests.

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2016-05-24 COMMUNITY AND ECONOMIC DEVELOPMENT – PUBLIC HEARING

Time and date previously set for a public hearing to consider amendment of the Agricultural Preserve as per the California Land Conservation Act of 1965 (Williamson Act) in Merced County.

Director of Community and Economic Development Mark Hendrickson reviews the staff report.

The Chairman opens he public hearing and asks if there is anyone present wishing to speak. No one speaks. The Chairman closes the public hearing.

Upon motion of Supervisor Kelsey, seconded by Supervisor O’Banion, duly carried, the Board approves the removal of the land from the Agricultural Preserve pertaining to: a) PLA15-012 located on the north side of Stretch Road, 1,035 feet east of Piedmont Drive in the Merced Area, b) PLA 16-007 located on the north side of Youd Road, 1.25 miles west of Highway 59 in the Winton area, are exempt from CEQA under Section 15183, Projects Consistent with a Community Plan or Zoning based on the findings listed in the Board Agenda Item; and adopts Resolution No. 2016-38 amending the Agricultural Preserve as per the requirements of the Land Conservation Act of 1965 (Williamson Act) Section 51200 et seq. of the California Government Code.

2016-05-24 COMMUNITY AND ECONOMIC DEVELOPMENT – PUBLIC HEARING

Time and date previously set for a public hearing to consider Conditional Use Permit Application No. CUP14-012 - Greenlight Energy Solar Project.

Director of Community and Economic Development Mark Hendrickson reviews the staff report.

Deputy Director of Community and Economic Development Oskana Newman reviews a power point presentation on Conditional use Permit Application CUP14-012: Green Light Energy Project.

Supervisor O’Banion questions if the land is being removed from the preserve or Williamson Act Contract and what will happen to the land at the end of the 25 year project.

Ms. Newman states the land is not under Williamson Act Contract just removed from the preserve and the property can be used for farming at the end of the 25 year project, and does not have to be put back in the preserve.

The Board has lengthy discussion on what will happen to the property at the end of the 25 year project and what the land can be used for in the future according to zoning.

The Chairman opens the public hearing and asks if there is anyone present wishing to speak.

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15 Dr. John Mevy, property owner adjacent to the solar project, states that property owners were not properly notified of the project proposed next to their properties. Dr. Mevy also states concerns with possible hazards the project will bring, decrease in property values of neighbors and the asthetics of the project, and submits photos of the project site.

The Chairman closes the Public Hearing.

Mr. Hendrickson and Ms. Newman address the concerns raised by Dr. Mevy.

Planner Steve Maxey reviews the landscaping plans for the project.

Mrs. Mevy further states concerns on property value.

Chaiman Walsh asks if there are other similar projects in the area.

Supervisor O’Banion states there is the Quinto project at Dos Palos Y but not as large as the proposed project and states concerns with what the land will be used for at the end of the 25 year project and maybe the hearing should be continued until questions can be answered. Supervisor O’Banion also states he would like to know how many jobs where actually created by the solar project.

Chairman Walsh states instead of staff guessing to answer the questions, the matter can be continued until the next Board Meeting date on June 7, 2016.

Upon motion of Supervisor Kelsey, seconded by Supervisor Pedrozo, duly carried, the Board continues the matter until June 7th to afford staff time to answer the questions raised and add any additional conditions to the project.