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

November 21, 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

November 21, 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 Jerry Muenzer, District #4.
b.Acknowledge Certificate of Posting
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.

1.

BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO

Approve contract with San Jose Behavioral Health for the period of July 1, 2017 through June 30, 2017, in an amount not to exceed $200,000.00.

SBC FILE NUMBER: 810

2.

BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO

Approve contract with the Dept. of Health Care Services (DHCS), Contract Agreement # 17-94546, for the Term of July 1, 2017 to June 30, 2018; and adopt Resolution approving the Mental Health Services, Mental Health Services Act Performance Contract with the California Department of Health Care Services.

SBC FILE NUMBER: 810

RESOLUTION NO: 2017-120

3.

CHILD SUPPORT SERVICES - J. MURRAY

Approve renewal of the Plan of Cooperation between California Department of Child Support Services and San Benito Department of Child Support Services for the FFY 2018.

SBC FILE NUMBER: 22

4.

COUNTY ADMINISTRATION OFFICE - R. ESPINOSA

Waive the reading, accept the Study data and findings supporting a proposed ordinance establishing development impact fees for general government, libraries, road maintenance equipment, parks and recreation, fire protection, law enforcement, detention, and information technology, find that adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) because it is not a “project” under CEQA and is therefore exempt pursuant to CEQA Guidelines section 15378 (b)(4), and that it is statutorily exempt pursuant to CEQA Guidelines section 15273(4) (Rates, Tolls, Fares and Charges for obtaining funds for capital projects necessary to maintain service within existing service area), and adopt Ordinance, an Ordinance of the Board of Supervisors of the County of San Benito, CA adopting the updated schedule of Development Impact Fees as presented, amending Chapter Five of the San Benito County Code of Ordinances.

SBC FILE NUMBER: 119

ORDINANCE NO: 962

5.

COUNTY COUNSEL'S OFFICE - M. GRANGER

Approve legal services agreement with Colantuono, Highsmith & Whatley, PC in the amount not to exceed $60,000 to provide legal representation in the matter of County of San Benito v. Richard Scagliotti, Superior Court of California, County of San Benito, Case No. CU-16-00007, including proceedings at the Court of Appeal.  Approve amendment of current contract with Cota Cole only to extend the term of existing contract to the date Colantuono's office substitutes in on the legal matter, and authorize Barbara Thompson, to sign said amendment, terminating existing contract effective upon transition date. 

SBC FILE NUMBER: 160

6.

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

Adopt Resolution approving the Tres Pinos Water District's proposed Conflict of Interest Code.

SBC FILE NUMBER: 943.1

RESOLUTION NO: 2017-121

7.

HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD

Approve Data Sharing Agreement with Anthem Blue Cross and Other Partners as Necessary for Implementation of the Whole Person Care (WPC) Pilot Program.

SBC FILE NUMBER: 130

8.

HUMAN RESOURCES-S.COFFEE

Adopt Job Descriptions and add the wages to the Class Title and Pay Plan for the part time seasonal positions of VITA Program Supervisor and VITA Site Coordinator.  

SBC FILE NUMBER: 630

9.

HUMAN RESOURCES - S.COFFEE

Receive the 2017 San Benito County Holiday Closure schedule for all departments; receive the 2018 San Benito County Office Hours schedule for all departments; adopt a Resolution of the San Benito County Board of Supervisors authorizing the hours of operation for the December 2017/January 2018 holiday closure period and the 2018 office hours and days of operation.

SBC FILE NUMBER: 630

RESOLUTION NO: 2017-122

10.

HUMAN RESOURCES - S. COFFEE

1. Approve amended job description for the Assistant County Counsel position, eliminating "at-will" status.

 

2.  Authorize Deputy County Counsel positions in the County Counsel's Office to be filled at the I,II, or III level, and authorize County Administrative Officer and the County Auditor to sign any necessary budget augmentations to reflect staffing expenses in the County Counsel's Office during FY 17-18 (retirement, existing staffing, new hiring and/or reclassification).

 

SBC FILE NUMBER: 630

11.

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: 2017-123

12.

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: 2017-124

13.

PROBATION DEPARTMENT - T. BARAAN

Approve Agreement between San Benito County Probation Department (Probation) and ZUSTAN K-9 SERVICES LLC (ZUSTAN) for the initial training program and acquisition of one (1) certified service canine at a cost of $3,501, plus two (2) years of monthly maintenance training at a cost of $250 monthly ($6,000 total), for a total cost of $9,501, and to authorize the Chief Probation Officer to sign the agreement and accept the certified service canine for and on behalf of the Probation Department.

SBC FILE NUMBER: 510

14.

RESOURCE MANAGEMENT AGENCY - J. GUERTIN

Approval of Final Map for TSM 12-85, Tract No. 308, Unit 9 (67 lots), commonly known as Santana Ranch.

SBC FILE NUMBER: 790

15.

SHERIFF'S DEPARTMENT - D. THOMPSON

Approve Amendment #2 to Jail Inmate Telephone Service Agreement with Global Tel*Link amending an increase in Inmate Telephone Services calls to $0.30 per minute from $0.24, an increase of $0.06 and extending the term of the agreement an additional three (3) years, to 2021, with an automatic renewal for two (2) additional one (1) year terms.

SBC FILE NUMBER: 110

The Board will adjourn as the Board of Supervisors and reconvene as the IHSS Public Authority re:

 

SITTING AS THE PUBLIC AUTHORITY FOR IN-HOME SUPPORTIVE SERVICES:

16.

HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD

Approve In-Home Supportive Services Public Authority Rate Change Package; and adopt Resolution authorizing acceptance of contract and receipt of, No Place Like Home Program Technical Assistance Grant Funds.

SBC FILE NUMBER: 130.1

RESOLUTION NO: 2017-125

 

The Board of Supervisors will adjourn as the IHSS Public Authority and reconvene as the Board of Supervisors to regular session.

PUBLIC HEARING
17.

RESOURCE MANAGEMENT AGENCY - J. GUERTIN

Hold public hearing and adopt resolution to approve a Controlled Access Agreement between the County and Caltrans for a realigned four-lane route corridor for the portion of State Route 25 from 0.1 miles north of San Felipe Road to the Pajaro River.

SBC FILE NUMBER: 105

RESOLUTION NO: 2017-127

18.

RESOURCE MANAGEMENT AGENCY - J. GUERTIN

a) PUBLIC HEARING - Conduct public hearing regarding the draft Personal Cultivation of Cannabis Ordinance (amending Chapter 11.15 of the San Benito County Code) proposed by the ad hoc committee in consultation with key stakeholders;

 

b) Make 2035 General Plan consistency findings and determinations as set forth in the Planning Commission's Resolution No. 2017-27;

 

c) Find that adoption of Ch. 11.15, is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15060, subdivision (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15061, subdivision (b)(3) (there is no possibility the activity in question may have a significant effect on the environment), 15308 (regulatory activity to assure the protection of the environment), and 15183 (projects consistent with a Community Plan, General Plan, or zoning); and direct the RMA Director to file a Notice of Exemption;

 

d) Consider adoption of an Ordinance amending Chapter 11.15 of the San Benito County Code relating to personal cultivation of cannabis in the unincorporated area of the County:

 

1) Waive the reading;

2) Accept the introduction;

3) Adopt the Ordinance

 

and

 

e) Retroactively approve publication of first display ad and direct County Counsel to publish second display ad after adoption.

 

SBC FILE NUMBER: 790

ORDINANCE NO:963

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.

19.

HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD

Ribbon Cutting at 1161 San Felipe Rd and Receive Director's Monthly Progress Report including the amount of financial contributions provided by the City of Hollister towards operations of the Homeless Service Center - San Benito County Homeless Services. 

SBC FILE NUMBER: 130

20.

RESOURCE MANAGEMENT AGENCY -  J. GUERTIN

a) Consider adoption of a Cannabis Businesses Ordinance adding Chapter 7.02 of the San Benito County Code prohibiting any and all commercial cannabis activities within the unincorporated area of San Benito County;

 

b) Find that adoption of Ch. 7.02, is  exempt pursuant to CEQA Guidelines sections 15060, subdivision (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment),15061, subdivision (b)(3) (there is no possibility the activity in question may have a significant effect on the environment), and 15308 (regulatory activity to assure the protection of the environment) and direct the RMA Director to file a Notice of Exemption;

 

1)              Waive the reading;

2)              Accept the introduction;

3)              Continue to December 12, 2017 for adoption.

 

c) Approve publication of first display ad and direct County Counsel to publish second display ad after adoption.

 

and

 

d) Provide direction to staff whether staff should continue to develop a cannabis businesses ordinance at the Planning Commission level for future review by the Board of Supervisors. 

 

Or:

Take no action, rely on the  language prohibiting cannabis businesses as stated in Ch. 11.15, and provide direction to staff whether staff should continue to develop a cannabis businesses ordinance at the Planning Commission level for future review by the Board of Supervisors. 

SBC FILE NUMBER: 790

21.

BOARD OF SUPERVISORS

Discussion regarding County Community Facilities including but not limited to expansion and development of library and parks and recreation buildings, programs and available funding opportunities.

SBC FILE NUMBER: 80

22.

BOARD OF SUPERVISORS

Approve appointment(s) to the CSAC Board of Directors for the 2017-2018 Association year beginning November 28, 2017.

SBC FILE NUMBER: 156

23.

COUNTY ADMINISTRATION OFFICE - R. ESPINOSA

Adopt Resolution establishing the 2018 Board of Supervisors Meeting Agenda Schedule, pursuant to Ordinance 3.01.001.

SBC FILE NUMBER: 119

RESOLUTION NO: 2017-126

24.

OFFICE OF EMERGENCY SERVICES - K. O'NEILL

Receive a Report on the Homeland Security Grant Program (HSGP).

SBC FILE NUMBER: 1068

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.)
25.

CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Subdivisions (a) and (d)(1) of Section 54956.9

Name of Case:  Hollister School District v. County of San Benito, et. al., Superior Court of California, County of San Benito, Case No. CU-17-00085.

SBC FILE NUMBER: 235.6

26.

CLOSED SESSION-CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Significant Exposure to litigation pursuant to Section 54956.9: Number of Cases: (2)
Closed session is authorized by Section 54956.9(d)(2), (e)(1).

SBC FILE NUMBER: 235.6

27.

CLOSED SESSION PER GOVERNMENT CODE SECTION 54957

Public Employee Discipline/Dismissal/Release 

SBC FILE NUMBER: 235.6

28.

CLOSED SESSION-CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION

Initiation of litigation pursuant to subdivision (d)(4) of Government Code Section 54956.9

Number of Cases:  1

SBC FILE NUMBER: 235.6

ADJOURNMENT
Adjourn to the next regular meeting of Tuesday, December 12, 2017 at 9:00 a.m.

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.