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

October 25, 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

October 25, 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 Jaime De La Cruz, District #5.


		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 - PUBLIC EMPLOYEE APPOINTMENT Title: Clerk of the Board Authority: California Government Code 54957 SBC FILE NUMBER: 235.6
		2.	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
		3.	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
		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
		5.	CLOSED SESSION PURSUANT TO SECTION 54956.95: LIABILITY CLAIMS Name of Claimant: Ralph Morden Agency claimed against: San Benito County (member Trindel Insurance Fund) Claim No.: TIBR-550493 SBC FILE NUMBER: 235.6
		6.	CLOSED SESSION - CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: (APN's 020-170-043, 059-020-003 and 059-020-001), Hollister, California Agency Negotiator(s): Adam Goldstone, Capital ProgramManager; Brent Barnes, Resource Management Agency Director; Ray Espinosa, CAO; Joe Paul Gonzalez, Clerk-Recorder-Auditor; Matthew W. Granger, County Counsel; Barbara J. Thompson, Assistant County Counsel; and Shirley L. Murphy, Deputy County Counsel Negotiating Parties: John Perales, Superintendent, San Benito High School District Under Negotiation: price and terms of payment Authority: California Government Code section 54956.8 SBC FILE NUMBER: 235.6
		7.	CLOSED SESSION - CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property (APN 020-320-027), Hollister, California Agency Negotiator(s): Adam Goldstone, Capital Program Manager; Brent Barnes, Resource Management Agency Director; Ray Espinosa, CAO; Joe Paul Gonzalez, Clerk-Recorder-Auditor; Matthew W. Granger, County Counsel; Barbara J. Thompson, Assistant County Counsel; and Shirley L. Murphy, Deputy County Counsel Negotiating Parties: Sonny Flores, Executive Director, Community Services Development Corporation Under Negotiation: price and terms of payment Authority: California Government Code section 54956.8 SBC FILE NUMBER: 235.6
		8.	CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (d)(2), (e)(2) of Government Code Section 54956.9 Number of cases: 1 Facts and Circumstances Justifying Closed Session: Potential of additional litigation regarding Master Tax Agreement currently being litigated in Award Homes, Inc. v. County of San Benito, et. al, Case No. CU-15-00099, and BMC Promise Way, LLC, dba Benchmark Communities v. County of San Benito, et. al., Superior Court of California, County of San Benito, Case No. CU-15-00056. SBC FILE NUMBER: 235.6


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


		c.	Presentations and Recognitions


			BOARD OF SUPERVISORS Present Certificate of Recognition to Cindy Biesemeyer. SBC FILE NUMBER: 156


		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.


		9.	CLERK OF THE BOARD - L. VALDEZ Approval of Board of Supervisors Special Meeting Action Minutes for March 15, 2016, April 5, 2016, May 17, 2016 and June 22, 2016.
		10.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Adopt Resolution Approving and Adopting the Amended Flexible Benefits Plan and the Summary Plan Description to implement the Flexible Benefits Plan offered by San Benito County for 2017. SBC FILE NUMBER: 119 RESOLUTION NO: 2016-85
		11.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Request for Approval of County of San Benito FY 2015-16 Year End Budget Adjustments. SBC FILE NUMBER: 865
		12.	HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD Adopt Resolution authorizing Closure of San Benito County Public Health Services, and Environmental Health Offices on November 1, 2016. SBC FILE NUMBER: 130 RESOLUTION NO: 2016-86
		13.	HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD Approve new appointment of Ms. Laitinen as the Representative for the Private Sector for District# 1 to the Community Action Board (CAB) and Mr. Perez, as the District #3 Representative of the Private Sector for a three-year term effective 10/25/2016 through 10/25/2019. SBC FILE NUMBER: 130
		14.	HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD Approve Adoptions Contract with the California Department of Social Services for the fiscal year 2016-2017 in the amount of $44,978 and authorize the Chair to sign the contract. SBC FILE NUMBER: 130
		15.	PROBATION DEPARTMENT - R. T. BARAAN Approve Proposal and grant permission for Chief Probation Officer to sign proposal and agreement between San Benito Co. Probation Dept. and Noble Software Group, LLC for $35,650.00 for FY2016-17; and $20,250 annually thereafter, and authorize the Chief Probation Office to execute any necessary amendments to the first year contract, not to exceed $17,497.50 (a 15% contingency). SBC FILE NUMBER: 510
		16.	RESOURCE MANAGEMENT AGENCY - B. BARNES Approve reimbursement agreement with Cielo Vista CSA 22 for re-roofing the wastewater treatment facility, in the amount of $25,000. SBC FILE NUMBER: CSA #22
		17.	RESOURCE MANAGEMENT AGENCY - B. BARNES Approve contract with Cleaning Services to provide janitorial services to County facilities in the amount of $278,043 for the period of November 1, 2016 through June 30, 2019. SBC FILE NUMBER: 105.3
		18.	RESOURCE MANAGEMENT AGENCY - B. BARNES Make CEQA Findings, Adopt Addendum to EIR, and Adopt Ordinance amending Chapter 21.03 of Title 21 of the San Benito County Code (County of San Benito Affordable Housing Regulations). SBC FILE NUMBER: 790 ORDINANCE NO. 951
		19.	SHERIFF'S OFFICE - D. THOMPSON Receive Information Report: Inmate Welfare Expenditures for FY 2015-16 SBC FILE NUMBER: 110


	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.


		20.	RESOURCE MANAGEMENT AGENCY - B. BARNES Adopt Resolution Certifying Environmental Impact Report for the River Parkway / Regional Park project and Adopting the CEQA Findings, Mitigation Measures, Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations. SBC FILE NUMBER: 790
		21.	COUNTY COUNSELS OFFICE - M. GRANGER Adopt Resolution Opposing Proposition 64 (marijuana legalization.) SBC FILE NUMBER: 160 RESOLUTION NO: 2016-88
		22.	BOARD OF SUPERVISORS Consideration of applicants for appointment to fill vacancy on the Tres Pinos Water District Board of Directors, with appointment of the selected applicant to the Tres Pinos Water District Board, or direct staff to prepare a resolution calling for a Special Election of the Tres Pinos Water District Board of Directors to fill the existing vacancy and to place the item on the November 8, 2016 San Benito County Board of Supervisor Regular Meeting Agenda for consideration and possible action. SBC FILE NUMBER: 575
		23.	HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD Authorize Health and Human Services Agency (HHSA) to operate the Winter Warming Shelter Program from December 3, 2016 through March 31, 2017. SBC FILE NUMBER: 130
		24.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA (to be heard at 1:30 P.M.) Consideration, and Potential Adoption of a Resolution of the Board of Supervisors of the County of San Benito, CA affirming the County's intent to participate in governance and financing discussions for the proposed Monterey Bay Community Power (MCBP) Joint Powers Authority. SBC FILE NUMBER: 119 RESOLUTION NO: 2O16-87


	ADJOURNMENT


	Adjourn to the next regular meeting of Tuesday, November 8, 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.