County of San Benito, CA

Ray Espinosa

County Administrative Officer

481 FourthStreet

County Administration Building

Hollister,California 95023

www.cosb.us

Meeting Agenda- POSTED AND FINAL

September 13, 2016 - 9:00 AM

Board of Supervisors

Robert Rivas

Board Chairman

District No. 3

Jaime De La Cruz

Vice-Chair

District 5

Margie Barrios

District 1

Anthony Botelho

District 2

Jerry Muenzer

District 4

SAN BENITO COUNTY

BOARD OF SUPERVISORS

Margie Barrios

District No. 1

Anthony Botelho

District No. 2

Robert Rivas

District No. 3

Chair

Jerry Muenzer

District No. 4

Jaime De La Cruz

District No. 5

Vice - Chair

County Administration Building - Board of Supervisors Chambers, 481 Fourth Street, Hollister, California

REGULAR MEETING AGENDA - POSTED AND FINAL

September 13, 2016

9:00 AM

Mission Statement

The County Board of Supervisors will recognize the public trust it holds, will on all occasions conduct business with honesty, integrity, and respect for the individual, and will hold the organization of County government to that same standard.

The San Benito County Board of Supervisors welcomes you to this meeting and encourages your participation.

If you wish to speak on a matter which does not appear on the agenda, you may do so during the Public Comment period at the beginning of the meeting. Please complete a Speaker Card and provide it to the Clerk of the Board prior to the meeting. Except as otherwise provided by law, no action shall be taken on any item not appearing on the agenda. When addressing the Board, please state your name for the record. Please address the Board as a whole through the Chair.
If you wish to speak on an item contained in the agenda please complete a Speaker Card identifying the item(s) and provide it to the Clerk of the Board prior to consideration of the item.

Each individual speaker will be limited to a presentation total of (3) minutes.


	CALL TO ORDER


		a.	Pledge of Allegiance


				Pledge of Allegiance to be led by Supervisor Barrios, District #1.


		b.	Acknowledge of Certificate of Posting


			Certificate of Posting.


	*Adjourn to Closed Session*


	CLOSED SESSION


	Matters discussed during Closed Session include existing and pending litigation, personnel matters and real property negotiations. Reportable actions taken by the Board during Closed Session will be announced during open session. (Gov. Code Section 54957.1(a) and (b), Ralph M. Brown Act.)


		1.	CLOSED SESSION - CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Allyson Hauck, Ray Espinosa, Joe Paul Gonzalez, Melinda Casillas, Georgia Cochran, and Steve Coffee. Employee Organizations: Institutions Associations Law Enforcement Management Management Employees’ Group SEIU Local 521 (General Unit Employees) Deputy Sheriff’s Association SEIU United Long Term Care Workers Local 6434 Unrepresented Employees (Confidential, Confidential Management, Appointed Department Heads) Authority: California Government Code Section 54957.6 SBC FILE NUMBER: 235.6
		2.	CLOSED SESSION-CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant Exposure to litigation pursuant to Section 54956.9: Number of Cases: (1) Closed session is authorized by Section 54956.9(d)(2), (e)(1). SBC FILE NUMBER: 235.6
		3.	CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL_EXISTING LITIGATION Subdivisions (a) and (d)(1) of Section 54956.9 Name of Case: Award Homes, Inc. v. County of San Benito, City of Hollister, et. al., Superior Court of California, County of San Benito, Case No. CU-15-00099 SBC FILE NUMBER: 235.6
		4.	CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (d)(2), (e)(5) of Government Code Section 54956.9 Number of cases: 1 Facts and Circumstances Justifying Closed Session: Statement made regarding potential litigation if County proceeds forward with the purchase of 1161 San Felipe Road for a new homeless shelter. SBC FILE NUMBER: 235.6


	Reconvene into Regular Session (at 10:00 a.m. or as soon thereafter)


		c.	Presentations and Recognitions


		d.	Public Comment


			Opportunity to address the Board on items of interest not appearing on the agenda. No action may be taken unless provided by Govt. Code Section 54954.2.


		e.	Department Head Announcements: Information Only


		f.	Board Announcements: Information Only


	CONSENT AGENDA

These matters shall be considered as a whole and without discussion unless a particular item is removed from the Consent Agenda. Approval of a consent item means approval of the recommended action as specified on the Agenda Item Transmittal.

If any member of the public wishes to comment on a Consent Agenda Item, please fill out a speaker card, present it to the Clerk prior to consideration of the Consent Agenda and request the item be removed and considered separately.


		5.	AGRICULTURAL COMMISSIONER - K. OVERSTREET Approve State contract, 16-0535-SF, for Light Brown Apple Moth regulatory activities, from October 1, 2016 through June 30, 2017. Total contract value is $9,936.79. SBC FILE NUMBER: 1.1
		6.	AGRICULTURAL COMMISSIONER - K. OVERSTREET Approve Amendment #1 to State contract, 15-0544-SF, for Asian Citrus Psyllid detection activities, extending expiration date from September 30, 2016 to December 31, 2016, and adding $93,623.00 to the scope of the contract, for a new total contract value of $193,121.00; approve Budget Adjustment/Transfer in the amount of $30,000. (4/5 vote) SBC FILE NUMBER: 1.1
		7.	CHILD SUPPORT SERVICES - K. JOHNSON Approve the Memorandum of Understanding for the Santa Cruz-San Benito Regional Department of Child Support Services for the period of July 1, 2016 through June 30, 2017; and authorize the CAO to sign. SBC FILE NUMBER: 22
		8.	CLERK/AUDITOR/RECORDER - J. P. GONZALEZ Adopt Resolution Levying of Taxes & Direct Assessments for the Fiscal Year 2016-2017. SBC FILE NUMBER: 608 RESOLUTION NO: 2016-78
		9.	CLERK OF THE BOARD - L. VALDEZ Approve the action minutes of the August 23, 2016 regular meeting. SBC FILE NUMBER: 943
		10.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Receive and approve pursuant to California Education Code section 1622, the Superintendent’s Annual Budget filed by the San Benito County Superintendent of Schools. SBC FILE NUMBER: 13
		11.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Adopt ordinance, adding Article IIA "County Director of Transportation" to Chapter 3.01 of Title 3 of the San Benito County Code. SBC FILE NUMBER: 105 ORDINANCE NO: 947
		12.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Approve out of state travel for Barbara Thompson, Joe Paul Gonzalez, Melinda Casillas, Cynthia Larca and additional attendees as may be designated by the CAO not to exceed a total of seven attendees to attend the New World User Conference to be held on October 2-4, 2016 at the Arizona Biltmore in Phoenix, AZ in accordance with San Benito County Travel Policies and Procedures. SBC FILE NUMBER: 119
		13.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Approve contract in the amount of $15,000.00 USD with Library Systems and Services Incorporated (LSSI) conduct a the Needs Assessment as outlined in the attached contract. SBC FILE NUMBER: 80
		14.	COUNTY COUNSEL'S OFFICE - M GRANGER Accept and approve staff’s interpretation of the Conditions of Approval and Development Agreement in the San Juan Oaks project to correct a typographical error in the original documents. SBC FILE NUMBER: 160
		15.	COUNTY COUNSEL'S OFFICE - M. GRANGER Approve amendment to legal services agreement with Shute, Mihaly and Weinberger, LLP in the additional amount not to exceed $10,000 (for a total contract amount up to $20,000) for the Class 1 landfill contract. SBC FILE NUMBER: 160
		16.	COUNTY LIBRARY - N. CONTE Adopt Resolution to Extend Library Hours on Fridays by four (4) hours. SBC FILE NUMBER: 80 RESOLUTION NO: 2016-79
		17.	EMERGENCY MEDICAL SERVICES - K. O'NEILL Approve out of state travel for Kevin O'Neill, Emergency Services Manager to attend the 2016 Annual International Association of Emergency Managers (IAEM) Conference in Savannah, Georgia from October 17 through October 19, 2016. SBC FILE NUMBER: 75.5
		18.	HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD Adopt Resolution Delegating Authority To The Director of Health & Human Services to Accept Donations Related to Child Injury Prevention. Authorize the Safe Kids Coalition Agreement which is intended to formalize establishment of a local Safe Kids Coalition and designate San Benito County Health and Human Services Agency-Public Health Services Department as the lead agency. SBC FILE NUMBER: 130 RESOLUTION NO: 2016-80
		19.	HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD Approve U.C. Davis Training Contracts for Social Service Staff for fiscal year 2016-2017, for a total amount of $58,065.00. SBC FILE NUMBER: 130
		20.	HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD Accept year three of a three year Tobacco Education Contract with CTCP #CTCP-13-35 in the amount of $150,000 for the funding period July 1, 2016-June 30, 2017; and authorize the HHSA Director to sign and submit the Acceptance of Allocation Agreement and the Prospective Payment Invoices. SBC FILE NUMBER: 130
		21.	HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD Approve contract with Jose Vasquez for grant writing services for the Health and Human Services Agency for the period of July 21, 2016 through June 30, 2017, for a total not to exceed $50,000. SBC FILE NUMBER: 130
		22.	HUMAN RESOURCES - G. COCHRAN Approve the revisions to the Victim Witness Program Coordinator class specification. SBC FILE NUMBER: 630
		23.	HUMAN RESOURCE - G. COCHRAN Receive an update regarding implementation of the new health care plans for January 1, 2017. SBC FILE NUMBER: 630
		24.	PROBATION DEPARTMENT - R. T. BARAAN Approve Out-of-State Travel for Chief Probation Officer to Attend White House Briefing on 21st Century Policing on Wednesday, September 28, 2016; approve budget adjustment in the amount of $1,319.21. (4/5 vote) SBC FILE NUMBER: 510
		25.	RESOURCE MANAGEMENT AGENCY - B. BARNES Approve two purchase orders; for one John Deere Cab Tractor from Deere & Company using NJPA Contract #021815-DAC in an amount not to exceed $80,065.77, and for a Diamond 25' Boom Arm and a Mower Attachment from Diamond Mowers using NJPA Contract #070313-DMM in an amount not to exceed $78,783.53. SBC FILE NUMBER: 105
		26.	RESOURCE MANAGEMENT AGENCY - B. BARNES Approve purchase of one 2016 John Deere 670G Motor Grader from Pape' Machinery of Gilroy using State Contract (CMAS) Number (4-08-23-0022A), not to exceed $320,170,59. SBC FILE NUMBER: 105
		27.	RESOURCE MANAGEMENT AGENCY - B. BARNES Approve purchase order of one (1) Caterpillar 914M Wheel Loader from Quinn Company of Salinas using NJPA Contract #032515-CAT in an amount not to exceed $133,539.08. SBC FILE NUMBER: 105
		28.	RESOURCE MANAGEMENT AGENCY - B. BARNES Approve Resource Management Agency solicitation for Bid PWB-1607 for five (5) county work trucks as identified and approved in FY 2016-17 Road Operations Budget. SBC FILE NUMBER: 105
		29.	RESOURCE MANAGEMENT AGENCY - B. BARNES Approve contract with Mesiti-Miller Engineering, Inc. for engineering services for the River Parkway project, for the period of September 13, 2016 through June 30, 2017 in the amount of $45,176.00. SBC FILE NUMBER: 105
		30.	RESOURCE MANAGEMENT AGENCY - B. BARNES Adopt a Resolution accepting the donation of a flag pole and authorizing its installation at the Bertha Briggs Memorial Building at Veteran's Memorial Park. SBC FILE NUMBER: 105.3 RESOLUTION NO: 2016-81
		31.	RESOURCE MANAGEMENT AGENCY - B. BARNES Adopt ordinance making changes to Sections 5.01.259, 5.01.291 and 5.01.320 of the San Benito County Code relating to the time of payment of impact fees. SBC FILE NUMBER: 790 ORDINANCE NO:948
		32.	DISTRICT ATTORNEY'S OFFICE - C. HOOPER Approval of three year Contract with on-line Legal Research Provider (LexisNexis), in the amount of $7,296 dollars per year. SBC FILE NUMBER: 160


	REGULAR AGENDA

For each regular agenda item, the following schedule shall occur:

a) Staff report.

b) Public opportunity to address the Board on a particular agenda item. Please fill out a speaker card and present it to the Clerk prior to consideration of the item.

c) Consideration by the Board.


		33.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Discuss and approve staff recommendations, along with any changes made by the Board, for the allocation of Economic Development funding of $35,000 as per the FY 16/17 budget. SBC FILE NUMBER: 865
		34.	COUNTY COUNSEL - M. GRANGER Discussion of proposed marijuana cultivation ordinance. Receive update from the Ad Hoc Committee, and provide direction to the Committee and staff, on the merits of a moratorium while a cultivation ordinance continues to be developed. SBC FILE NUMBER: 160
		35.	RESOURCE MANAGEMENT AGENCY - B. BARNES Make CEQA Findings, Adopt Addendum to EIR, and Accept introduction & waive further reading of an ordinance amending Chapter 21.03 of Title 21 of the San Benito County Code (County of San Benito Affordable Housing Regulations), and continue the matter to September 27, 2016 at 10:00 a.m. for final adoption. APPLICANT: San Benito County Location: San Benito County (county-wide). SBC FILE NUMBER: 790
		36.	RESOURCE MANAGEMENT AGENCY - B. BARNES Receive report discussing the proposals received on the Southside Hospital Property Sale RFP, provide a ranking of the submitted proposals, appoint a negotiator to work with the respondents, and direct the appointed negotiator to work with the respondents on an agreement. SBC FILE NUMBER: 105.3
		37.	RESOURCE MANAGEMENT AGENCY - B. BARNES Receive report regarding the need for a County Facilities Master Plan and provide direction to staff. SBC FILE NUMBER: 105.3


	ADJOURNMENT


	Adjourn to the next regular meeting of Tuesday, September 27, 2016.

NOTE: A copy of this Agenda is published, along with supportive documents, on the County's Web site on the Friday preceding each Board meeting and may be viewed at www.cosb.us/government/meetings-agendas/. All proposed agenda items with supportive documents are also available for viewing at the San Benito County Administration Building, 481 Fourth Street, Hollister, CA between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday (except holidays). This is the same packet that the Board of Supervisors reviews and discusses at each Board meeting.

As required by Gov. Code Section 54957.5 any public record distributed to the Board of Supervisors less than 72 hours prior to this meeting in connection with any agenda item shall be made available for public inspection at the office of the Clerk of the Board, San Benito County Administration Building, 481 Fourth Street, Hollister, CA 95023. Public records distributed during the meeting will be available for public inspection at the meeting if prepared by the County. If the public record is prepared by some other person and distributed at the meeting it will be made available for public inspection following the meeting at the office of the Clerk of the Board.

In compliance with the Americans with Disabilities Act (ADA) the Board of Supervisors meeting facility is accessible to persons with disabilities. If you need special assistance to participate in this meeting, please contact the Clerk of the Board's office at (831) 636-4000 at least 48 hours before the meeting to enable the County to make reasonable arrangements to ensure accessibility.