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

June 26, 2018 - 9:00 AM

Board of Supervisors

Jaime De La Cruz

District No. 5

Anthony Botelho

Board Chairman

District 2

Mark Medina

District 1

Robert Rivas

District 3

Jerry Muenzer

Vice-Chairman

District 4

SAN BENITO COUNTY

BOARD OF SUPERVISORS

Mark Medina

District No. 1

Anthony Botelho

District No. 2

Chair

Robert Rivas

District No. 3

Jerry Muenzer

District No. 4

Vice - Chair

Jaime De La Cruz

District No. 5

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

REGULAR MEETING AGENDA - POSTED AND FINAL

June 26, 2018

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


			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.	CLERK OF THE BOARD - J. SLIBSAGER Approve the action minutes of the March 15, 2018 Special Meeting, March 20, 2018 and May 22, 2018 regular meetings. SBC FILE NUMBER: 119
		2.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Adopt a resolution approving a Debt Management Policy to allow San Benito County to comply with with Government Code Section 8855(i) to govern all debt undertaken. SBC FILE NUMBER: 425 RESOLUTION NO: 2018-32
		3.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Approve amendment #2, In the amount of $4,980.00 proposal provided by Willdan Financial Services to complete User Fee Study for San Benito County. SBC FILE NUMBER: 425
		4.	COUNTY COUNSEL'S OFFICE -B. THOMPSON Approve Amendment No. 3 with Colantuono, Highsmith & Whatley, PC for legal services in the litigation matter of Award Homes, Inc. v. County of San Benito, et. al., Case No. CU-15-00099 to extend the term of the contract from June 30, 2018 to June 30, 2021 to proceed with the litigation at the Court of Appeals. SBC FILE NUMBER: 160
		5.	COUNTY COUNSEL'S OFFICE - B. THOMPSON Approve Amendment No. 1 to the legal services agreement with Colantuono, Highsmith & Whatley, PC for legal services in the litigation matter of 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 to extend the term of the agreement from June 30, 2018 to June 30, 2021; to modify the scope of services to include legal representation on any appeals regarding the matter; to increase the total contract sum in the amount of $25,000 for a new total of not to exceed $165,000; and, if an appeal is to filed in the matter (as expected), to increase the total contract sum by an additional amount of $65,000 for a new total amount of $230,000. SBC FILE NUMBER: 160
		6.	COUNTY COUNSEL- B. THOMPSON Adopt Resolution Confirming County Administrator’s Authority to Enter Emergency Contracts Under Public Contracts Code 22050,Finding that there is a Need to Continue emergency Action; and Finding Repair Work Exempt from CEQA As An Emergency Project. (4/5 vote required) SBC FILE NUMBER 75.5 RESOLUTION NO: 2018-33
		7.	COUNTY COUNSEL'S OFFICE - B. THOMPSON Approve legal services agreement with Sloan Sakai Yeung & Wong LLP, as the successor firm to Renne Sloan Holtzman and Sakai, which whom the County has had an existing legal services agreement since 2013 to provide services in the area of employment law. SBC FILE NUMBER: 160
		8.	COUNTY COUNSEL'S OFFICE - B. THOMPSON- Adopt Resolution Allowing School Districts to independently issue bonds in accordance with the Education and/or Government Code pursuant to the provisions of Education Code 15140(b). SBC FILE NUMBER: 575 RESOLUTION NO: 2018-34
		9.	COUNTY COUNSEL'S OFFICE - B. THOMPSON Adopt Resolution Approving Settlement Authority for Workers Compensation Matters. SBC FILE NUMBER: 160 RESOLUTION NO: 2018-35
		10.	HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD Approve contract with Dr. Martin Fenstersheib and Dr. David Ghilarducci for professional services as Acting County Public Health Officer (HO) for the term July 1, 2018 - June 30 2019 in the event of absence of current Health Officer, Dr. Gail Newel, when she is on vacation, sick leave or other absence at a cost not to exceed $16,000.00 for each contract ($32,000 total). SBC FILE NUMBER: 130
		11.	RESOURCE MANAGEMENT AGENCY – J. GUERTIN Adopt the plans and specifications for the FEMA – San Felipe Road – Tesquisquita Slough Bridge; find the projects are categorically exempt under CEQA Guidelines Sections 115301 and 15302; and authorize the advertisement for bids. SBC FILE NUMBER: 105
		12.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve and authorize the Chair to sign Professional Services Agreement with Denise Duffy & Associates, Inc., in an amount not to exceed $26,904.00 for the performance of preparing an initial study under the California Environmental Quality Act (CEQA) for a subdivision (TSM 09-82) of a 37.43-acre parcel into six parcels plus one remainder lot at 240 Cole Road, near Aromas. Approval of this agreement is contingent upon the execution of a reimbursement agreement by the project applicant; and Approve and authorize the Chair to sign Reimbursement Agreement with the BYPASS TRUST UNDER THE ROTH FAMILY LIVING TRUST (“project applicant”) for full reimbursement of County costs related to a pending project application, specifically for the preparation of an initial study. SBC FILE NUMBER: 790
		13.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve contract amendment #5 with HMC Architects for the Jail Expansion project in the amount of $12,420.00, for a total contract amount not to exceed $1,593,262.25. SBC FILE NUMBER: 120.5
		14.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve contract amendment with Bracewell Engineering Inc., extending water quality testing, and system operation and maintenance services to CSA #22 (Cielo Vista), #31 (Stonegate), and #50 (Dunneville Estates) water systems until June 30, 2019, in an additional amount not to exceed $248,000.00, for a total contract amount not to exceed $736,136.00. SBC FILE NUMBER: 105
		15.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve contract amendment with SCI Consulting Group extending professional services regarding special tax consulting and annual Community Facilities District (CFD) level administrative services from June 30, 2018 to June 30, 2020, for an additional amount not to exceed $19,750.00, and a total contract amount not to exceed $29,250.00. SBC FILE NUMBER: 105
		16.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Adopt Resolution incorporating in the 2018-2019 budget the list of projects funded by SB 1: The Road Repair and Accountability Act. SBC FILE NUMBER: 105 RESOLUTION NO: 2018-36
		17.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve a Job Order Contracting (JOC) work order for the repair of the Jail boiler and installation of new water softening system in the amount of $136,736.95. Authorize the RMA Director to sign the work order. Authorize the use of $136,736.95 from general expenses. SBC FILE NUMBER: 120
		18.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve contract amendment with Field Solutions Inc. extending maintenance and operation services for the John Smith Road Landfill extraction system until June 30, 2020 for an additional amount not to exceed $22,800 for a total contract amount not to exceed $81,700. SBC FILE NUMBER: 75.4
		19.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve contract with Ecology Action to provide “Green Business Program” outreach for San Benito County using Integrated Waste Management Program (IWMP) funds in an amount not to exceed $25,000.00. SBC FILE NUMBER: 142
		20.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve work order for the repair and improvements to the Juvenile Hall Facility in the amount of $330,346.67. SBC FILE NUMBER: 120.5
		21.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve contract amendment with Stericycle Environmental Solutions Inc. for hazardous waste management services, extending the contract to June 30, 2021 and providing additional compensation in an amount not to exceed $281,675.00, for a total contract amount not to exceed $556,875.00. SBC FILE NUMBER:142
		22.	SHERIFF'S OFFICE - D. THOMPSON Approve Lease Agreement with Simmco, LLC for work space utilized by the Unified Narcotic Enforcement Team (UNET) for the period June 1, 2018 - May 31, 2023; and authorize the Sheriff to sign said agreement. SBC FILE NUMBER: 110
		23.	SHERIFF'S OFFICE - D. THOMPSON Approve Amendment #6 to the contract with California Forensic Medical Group for health care services to the county jail and juvenile hall; extending the term of the contract to June 30, 2019 from June 30, 2018 and increasing the monthly payment and per diem rate by 2.12% to $89,156.85 from $87,305.96 and $4.51 from $4.42 respectively. SBC FILE NUMBER: 110
		24.	TREASURER/TAX COLLECTOR - M. L. ANDRADE Request to adopt Resolution authorizing and directing the Tax Collector to sell tax defaulted property by internet auction on September 28, 29, 30, and October 1, 2018, and to re-offer any property that is not sold within 90 days of the original sale date, pursuant to Revenue and Taxation Code Sections 3692(e) and 3698.5(c). SBC FILE NUMBER: 675 RESOLUTION NO: 2018-37


	PUBLIC HEARING


		25.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Open public hearing, receive presentations regarding project and financing, and continue the public hearing to July 24th at 9:00 a.m. to approve Energy Services Contract with ENGIE Services U.S. (ENGIE) to provide energy services through San Benito County, contract amount is eight million thirty-one thousand nine hundred twenty-two dollars ($8,031,922). On that date, the Board will be recommended to adopt a Resolution making certain findings, and approving an energy services contract with ENGIE Services U.S. SBC FILE NUMBER: 425 RESOLUTION NO: 2018-38

		26.	COUNTY COUNSEL'S OFFICE - B. THOMPSON Hold Public Hearing, and consider new ordinance related to fees for the County Counsel's office. Read title, accept introduction, waive further reading and continue the matter to July 24, 2018, for adoption. 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.


		27.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve contract amendment with 4 Leaf, Inc. to extend services regarding Building Official technical guidance, on-call permit inspections, plan review, and building permit services to June 30, 2019, and approving an additional amount not to exceed $300,000.00, for a total contract amount not to exceed $790,550.00. SBC FILE NUMBER: 790
		28.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN 1. Approve and authorize the Chair to sign Amendment No. 4 to the agreement with Benchmark Resources to provide regulatory compliance support for annual mine inspections of the County’s active surface mines, thereby modifying the scope of services, extending the termination date to December 31, 2018, and increasing the maximum compensation by $107,610.00, for a total amount not to exceed $1,046,640.00; and 2. Approve and authorize the Chair to sign Amendment No. 2 to Robert Enz's Reimbursement Agreement for an additional amount of $27,812.00 for the Enz Quarry SBC FILE NUMBER: 790


	PUBLIC HEARING


	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-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
		30.	CLOSED SESSION-CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant Exposure to litigation pursuant to Section 54956.9: Number of Cases: (3 ) Closed session is authorized by Section 54956.9(d)(2), (e)(1). 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: Martinez/Baldasano vs. v. County of San Benito, U.S. District Court for the Northern District of California, Case No. 3:15-cv-00331 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: 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

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.