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 25, 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 25, 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 Anthony Botelho, District #2.


		b.	Acknowledge Certificate of Posting


		c.	Presentations and Recognitions


			BOARD OF SUPERVISORS Approve proclamation declaring May as "Water Awareness Month" in San Benito County. SBC FILE NUMBER: 430
			BOARD OF SUPERVISORS Approve proclamation Recognizing May 2017 as Mental Health Month in San Benito County. SBC FILE NUMBER: 810


		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


			BOARD OF SUPERVISORS The San Benito County Board of Supervisors would like to introduce and welcome newly appointed Hollister City Council District 4 representative, Jim Gillio. SBC FILE NUMBER: 156


	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.	AGRICULTURAL COMMISSIONER - K. OVERSTREET Approve State contract, 16-0673-SF, for European Grapevine Moth detection survey activities, from January 1, 2017 through December 31, 2017. Total contract value is $51,971. SBC FILE NUMBER: 1.1
		2.	BOARD OF SUPERVISORS Approve Certificate of Recognitions for 2017 Teacher of the year and 2017 Classified Employee of the Year Recipients to be presented at a later date. SBC FILE NUMBER: 156
		3.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Review and approve the Certification Statement regarding composition and membership of the San Benito Local Childcare Planning Council and authorize the Chair to sign. SBC FILE NUMBER: 119
		4.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Approve payment of county portion of CalPERS for a temporary employee. SBC FILE NUMBER: 119
		5.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Approve purchase of the following Information Technology hardware, software and service components totaling $428,333.00 as listed in the attached included in the staff report include $385,000.00 in hardware and software components and peripherals as well as $43,333.00 in on-going maintenance and support per years as detailed in the the attached quotation sheets.
		6.	COUNTY CLERK-AUDITOR/RECORDER/ELECTIONS DEPARTMENT - J. P. GONZALEZ Request that the San Benito County Board of Supervisors consider approval to reschedule shared Governing Board Election with Fresno, Kings, Madera, and Monterey Counties from Odd-numbered to Even-numbered Years; adopt Resolution consolidating Multi-County West Hills Community College District Elections commencing with the 2018 General Election. SBC FILE NUMBER: 285 RESOLUTION NO: 2017-43
		7.	COUNTY COUNSEL'S OFFICE - M. GRANGER Request that the Board of Supervisors find good cause to continue holding the hearing on the applications for an extended amortization for an additional 180 days for certain applicants, pursuant to Section 11.15.120, subdivision (C) of the San Benito County Code, or provide other direction to staff. SBC FILE NUMBER: 160
		8.	HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD Approve Support Letter for the Child Care Bridge Program for Foster Children. SBC FILE NUMBER: 130
		9.	HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD Board authorization for acceptance of grant funding from Public Health Foundation Enterprises (PHFE) and approval of Agreement with PHFE in the amount of $27,273.00 for funding period March 01, 2017 through July 31, 2018. Board approval of a 2016-2017 budget augmentation of $12,132.80 (March 1-June 30, 2017) to the HHSA/Public Health budget. (4/5 vote) SBC FILE NUMBER: 130
		10.	HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD Approve Revised San Benito County Community Action Board (CAB) Bylaws. SBC FILE NUMBER: 130
		11.	HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD Approve a Training Contract with California State University, Fresno, Foundation Central California Training Academy-Bay Area Academy for direct training, field based training and coaching to new Child Welfare staff, and others as specified by the County for the period of March 1, 2017 through June 30, 2018 and has been incorporated into the next fiscal year budget. SBC FILE NUMBER: 130
		12.	HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD Approve the Revised San Benito County Workforce Development Board (WDB) Bylaws. SBC FILE NUMBER: 130
		13.	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: 2017-44
		14.	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: 2017-45
		15.	PROBATION DEPARTMENT - R. T. BARAAN Approve Amendment to Commercial Lease Agreement Between County of San Benito and Community Services Development Corporation for 1111 San Felipe Road, Suite 101. SBC FILE NUMBER: 510
		16.	PROBATION DEPARTMENT - R.T. BARAAN Authorize Chief Probation Officer to enter into a Memorandum of Understanding between San Benito County Probation and San Benito County Office of Education to provide funding for the Restorative Justice Demonstration Project : Building Capacity of San Benito County Schools on behalf of the Community Corrections Partnership in the amount of $171,000. Funds will include $21,000 for initial start-up costs to include initial staff, training and materials; an additional $150,000 to fund up to three (3) years for a Restorative Justice Coordinator; and approve budget augmentation for fiscal year 2016-17 in the amount of $171,000. (4/5 vote) SBC FILE NUMBER: 510
		17.	PROBATION DEPARTMENT - R. T. BARAAN Chief Probation Officer is requesting authorization to submit payment to Motion DSP, Inc. in the amount of $16,367.40 to purchase of Ikena Forensic & Ikena Spotlight Bundle Software and 2 year maintenance subscription; and approve budget augmentation for fiscal year 2016-17. (4/5 vote) SBC FILE NUMBER: 510
		18.	RESOURCE MANAGEMENT AGENCY Approve Contract Amendment #3 with HMC Architects for additional services on the Jail Expansion Project in the amount of $39,835, for a total contract amount of $1,564,510. SBC FILE NUMBER: 120.5
		19.	RESOURCE MANAGEMENT AGENCY Allocate additional funds in the amount of $25,000 from Park Impact Fees to the Veterans Memorial Park Irrigation Improvements project for potential change orders and authorize the Interim RMA Director to issue change orders in an amount not to exceed $25,000.00, SBC FILE NUMBER: 127
		20.	RESOURCE MANAGEMENT AGENCY Authorize deferral of traffic signal installation at the Valley View Road and Sunnyslope Road intersection for the Santana Ranch Subdivision, to the 300th building permit, or 12 months from the Board of Supervisors' decision, whichever comes first. Stonecreek Properties SBC FILE NUMBER: 105


	PUBLIC HEARING


		21.	RESOURCE MANAGEMENT AGENCY (To be heard at 9:00 AM or as soon thereafter as the matter may be heard) Hold public hearing; and A) Adopt A Resolution Adopting An Addendum To The Environmental Impact Report (EIR) For The Sunnyside Estates Project And Adopting Findings Under The California Environmental Quality Act (CEQA) And State Planning Law Regarding The Approval Of A Development Agreement For The Project; and B) Adopt An Ordinance Approving A Development Agreement For The Sunnyside Estates Project. SBC FILE NUMBER: 790 RESOLUTION NO: 2017-46 ORDINANCE NO: 956

		22.	RESOURCE MANAGEMENT AGENCY-(To be heard at 9:00AM or as soon thereafter as the matter may be heard). Hold Public Hearing: Adopt Ordinance Establishing Water Conservation Requirements within the CSA 31 for the 2017-18 Water Year and taking other related action. SBC FILE NUMBER: CSA #31 ORDINANCE NO: 957


	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.


		23.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Gang Prevention Coordinator, Al DeVos, will give a countywide update on the state of gangs in San Benito County. SBC FILE NUMBER: 510
		24.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA The Board of Supervisors has directed staff to give a monthly update on the following topics: roads and homeless shelter in San Benito County. A representative(s) from each of the respective departments will give a report to the Board each month in order for the Board to stay informed about these pertinent issues in San Benito County. SBC FILE NUMBER: 119
		25.	PROBATION DEPARTMENT - R. T. BARAAN Review and discuss strategy to address maintenance and repairs of the San Benito County Juvenile Hall as indicated in the 2015-2016 Grand Jury Report and inspections from other local and state agencies or commissions. SBC FILE NUMBER: 120.5
		26.	RESOURCE MANAGEMENT AGENCY Receive report from staff on the status of the Jail Expansion project and discussion of the need for construction phase support services, and provide direction to staff. SBC FILE NUMBER: 120.5
		27.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Request to appoint qualified candidate at salary step above "C" for the position of Deputy County Administrator. SBC FILE NUMBER: 119
		28.	COUNTY COUNSEL'S OFFICE - B. THOMPSON


	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.)


		29.	CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL: Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to subdivision (d)(4) of Government Code Section 54956.9 Number of Cases: 2 SBC FILE NUMBER: 235.6
		30.	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
		31.	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
		32.	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
		33.	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; Request for Tolling Agreement related to the Mirabella project. SBC FILE NUMBER: 235.6
		34.	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


	ADJOURNMENT


	Adjourn to the next regular meeting of Tuesday, May 9, 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.