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

April 11, 2017 - 9:00 AM

 

 Board of Supervisors

Jaime De La Cruz

Board Chairman

District No. 5

Anthony Botelho

Vice-Chair

District 2

Mark Medina

District 1

Robert Rivas

District 3

Jerry Muenzer

District 4

 

 

 

 

 

SAN BENITO COUNTY

BOARD OF SUPERVISORS

Mark Medina

District No. 1

Anthony Botelho

District No. 2

Vice - Chair

Robert Rivas

District No. 3

 

Jerry Muenzer

District No. 4

Jaime De La Cruz

District No. 5

Chair


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

REGULAR MEETING AGENDA - POSTED AND FINAL

April 11, 2017

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 Robert Rivas, District #3.
b.Acknowledge Certificate of Posting
c.Presentations and Recognitions

BOARD OF SUPERVISORS

Approve Proclamation declaring April 22, 2017 as Walk a Mile in Her Shoes Day in San Benito County and present proclamation to Community Solutions and the Emmaus House.

SBC FILE NUMBER: 430

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.

1.

ASSESSOR'S OFFICE - T. SLAVICH

Adopt Resolutions establishing Agricultural Preserves and authorize chairman to sign these Land Conservation Act Contracts.

SBC FILE NUMBER: 7

RESOLUTION NO'S: 2017-30, 2017-31

2.

BOARD OF SUPERVISORS

Approve appointment of Mr. Tim Foley as the District #1 representative on the Parks and Recreation Commission for the period of April 11, 2017 through December 31, 2021.

SBC FILE NUMBER: 93

3.

COUNTY ADMINISTRATION OFFICE - R. ESPINOSA

Adopt Resolution in support of California Budget Augmentation for Senior Nutrition Programs and Resolution in support of legislation and California Budget Augmentation for Local Long Term Care Ombudsman Programs.

SBC FILE NUMBER: 119

RESOLUTION NO: 2017-32

RESOLUTION NO: 2017-33

4.

COUNTY ADMINISTRATIVE OFFICE  - R. ESPINOSA

Approve letter in support of legislation that would provide the option for San Benito County to consolidate the offices of Auditor-Controller and Treasurer-Tax Collector and authorize the Chairman to sign the letter of support. 

SBC FILE NUMBER: 608

5.

COUNTY CLERK-AUDITOR-RECORDER-ELECTIONS - J. P. GONZALEZ

Request to Appoint Qualified Candidates at Salary Step above "C" Step for the Positions of Assistant Auditor and Auditor-Accountant III.

SBC FILE NUMBER: 608

6.

COUNTY CLERK-AUDITOR-RECORDER-ELECTIONS - J. P. GONZALEZ

Approve out of state travel for Melinda Casillas, Steve Coffee, Nathanael Lierly, Joe Paul Gonzalez, Cynthia Larca and additional attendees as may be designated by the CAO not to exceed a total of six attendees to attend the Tyler Connect 2017 User Conference to be held on May 7 - 10, 2017 at the Henry B. Gonzalez Convention Center in San Antonio, TX.  The cost of attendance for each participant is $950.00 (Package A) for all Sessions & Conference Activities.  Staff has also budgeted $1500.00 for each person to purchase round trip flights, lodging, meals and ground transportation if the Board approves this request.

SBC FILE NUMBER: 608

7.

HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD

Approval and adoption of the Community Services & Workforce Development (CSWD) Work Experience Program Non-Financial Worksite Agreement for San Benito County.

SBC FILE NUMBER: 939

8.

HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD

Approve Agreement with County Medical Services Program Governing Board for the County Wellness & Prevention Pilot Program in the amount of $225,000.00.

SBC FILE NUMBER: 130

9.

OFFICE OF EMERGENCY SERVICES - K. O'NEILL

Adopt Resolution Ratifying Letting of Contracts to Remediate Local Emergency, Confirming County Administrator's Authority to Enter Into Emergency Contracts Under Public Contracts Code 22050, Finding that there is a Need to Continue Emergency Action Action; and Finding Repair Work Exempt from CEQA As An Emergency Project.  (4/5 vote required)

SBC FILE NUMBER: 75.5

RESOLUTION NO: 2017-34

10.

OFFICE OF EMERGENCY SERVICES - K. O'NEILL

Adopt Resolution Recognizing the Continuing Proclamation of a Local Emergency in San Benito County.

SBC FILE NUMBER: 75.5

RESOLUTION NO: 2017-35

11.

RESOURCE MANAGEMENT AGENCY

Approval of contract with In Studio Architecture in an amount not to exceed $15,000.00 for architectural design services for the Sheriff's Locker Room project for the period if March 28, 2017 through December 31, 2017.

SBC FILE NUMBER: 110

12.

RESOURCE MANAGEMENT AGENCY

Resolution Adopting the Final Initial Study and Mitigated Negative Declaration (IS/MND), CEQA Findings, Mitigation Measures and the Mitigation Monitoring and Reporting Program (MMRP) for the Limekiln Road Bridge Replacement at Pescadero Creek Project.

SBC FILE NUMBER: 105

RESOLUTION NO: 2017-36

13.

RESOURCE MANAGEMENT AGENCY

Resolution Adopting the Final Initial Study and Mitigated Negative Declaration (IS/MND), CEQA Findings, Mitigation Measures and the Mitigation Monitoring and Reporting Program (MMRP) for the Rocks Road Bridge Replacement at Pinacate Rock Creek Project (District 2).

SBC FILE NUMBER: 105

RESOLUTION NO: 2017-37

14.

SHERIFF'S OFFICE - D. THOMPSON

Accept all bids received for the Sheriff’s Office Radio System Upgrades project, award contract in the amount of $48,594.95 to Metro Mobile as the lowest responsive, responsible bidder, approve the contract with Metro Mobile, authorize the Sheriff to execute the contract upon receipt of signed contract documents as required by the project specifications, and grant the Sheriff change order authority in an amount not to exceed 10% off contract award.

SBC FILE NUMBER: 110

15.

SHERIFF'S OFFICE - D. THOMPSON

Adopt Resolution approving the submission of an application for off-highway grant funds.

SBC FILE NUMBER: 110

RESOLUTION NO: 2017-38

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.

16.

COUNTY COUNSEL'S OFFICE - M. GRANGER

Receive update from staff and the ad hoc committee regarding the marijuana cultivation ordinance.  Discussion of current status of interim urgency ordinance & development of a new marijuana cultivation ordinance, enforcement of existing San Benito County ordinance, and future actions to be taken under existing interim ordinance regarding applications for extended amortization periods.  Provide direction to staff.

SBC FILE NUMBER: 160

17.

COUNTY ADMINISTRATION OFFICE - R. ESPINOSA

Receive presentation from Shawn Tennenbaum, Director of Human Resources for San Benito High School District, on a possible partnership between the County of San Benito and San Benito High to build a new aquatic facility.

SBC FILE NUMBER: 119

18.

COUNTY ADMINISTRATION OFFICE - R. ESPINOSA

Discuss proposal for Solar Energy Partnership between OpTerra Energy Solutions and the County of San Benito, and approve "Program Development Agreement in the amount of $39,872.00 and authorize the CAO to approve any necessary amendments to this contract, in an amount not to exceed $3,987 (10% of the contract amount). 

SBC FILE NUMBER: 119

19.

RESOURCE MANAGEMENT AGENCY

Accept all bids received for the Veterans Memorial Park Irrigation System Improvements project, award contract in the amount of $260,140.00 to Northern Underground Construction as the lowest responsive, responsible bidder, approve the contract with Northern Underground Construction effective April 11, 2017, authorize the RMA Director to execute the contract upon receipt of signed contract documents as required by the project specifications, and grant the RMA Director change order authority in an amount not to exceed $25,000.00.

SBC FILE NUMBER: 127

20.

RESOURCE MANAGEMENT AGENCY

Adopt Resolutions Making Public Interest Findings and Determinations and Declaring The Board's Intention to Order The Preparation and Execution of Consultant Services Contracts With The Consulting Engineering Firms of Record to Complete The Engineering of The Rocks Road Bridge, Rosa Morada Bridge and Union Road Bridge Replacement Projects, and The Shore Road Bridge and San Felipe Road Bridge Guardrail Replacement Project.

SBC FILE NUMBER: 105

RESOLUTION NO'S: 2017-39, 2017-40, 2017-41, 2017-42

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.)
21.

CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Subdivisions (a) and (d)(1) of Section 54956.9

Name of Case: BMC Promise Way, LLC, dba Benchmark Communities v. County of San Benito, City of Hollister, Superior Court of California, County of San Benito, Case No. CU-15-00056

SBC FILE NUMBER: 235.6

22.

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

23.

CLOSED SESSION PURSUANT TO SECTION 54956.95: LIABILITY CLAIMS and Conference with Legal Counsel-Existing Litigation. Subdivisions (a) and (d)(1) of Section 54956.9

Name of Case: Egan v. San Benito County Sheriffs Office, Trindel Ins. Fund, WCAB, Case No. ADJ10049774

Claimant: Patricia Egan

Agency claimed against: San Benito County -(member Trindel Insurance Fund)

SBC FILE NUMBER: 235.6

24.

CLOSED SESSION - CONFERENCE WITH LABOR NEGOTIATORS

Agency designated representatives:  Allyson Hauck, Ray Espinosa, Joe Paul Gonzalez, Melinda Casillas, Georgia Cochran, Steve Coffee

 

Employee Organizations:

Institutions Association

Law Enforcement Management

Management Employees' Group

SEIU Local 521 (General Unit Employees)

SEIU Local 2015 (IHSS)

Deputy Sheriff's Association

Confidential

Confidential Management

Appointed Department Heads

Unrepresented Employees

SBC FILE NUMBER: 235.6

25.

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: Receipt of Notice of Violation and Settlement Offer dated March 10, 2017.

SBC FILE NUMBER: 235.6

ADJOURNMENT
Adjourn to the next special meeting of Tuesday, April 18, 2017.

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.