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 20, 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

November 20, 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 Mark Medina, District #1.


		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.	AGRICULTURAL COMMISSIONER - K. OVERSTREET Approve State contract, 18-0252, for exotic insect pest detection trapping activities, from July 1, 2018 through June 30, 2019, Total contract value is $46,321.00. SBC FILE NUMBER: 1.1
		2.	AGRICULTURAL COMMISSIONER - K. OVERSTREET Approve Memorandum of Understanding (MOU) with the California Agricultural Commissioners and Sealers Association (CACASA) for submission of pesticide use reports for the period from July 1, 2018 through June 30, 2019 in the amount of $8,968.00. SBC FILE NUMBER: 1.1
		3.	BOARD OF SUPERVISORS Approve the re-appointment of Cameron Wright, Ted Thoney, and Kelli Shingai to the San Benito Resource Conservation District Board of Directors for a term to expire on the last Friday of November 2022. SBC FILE NUMBER: 156
		4.	BOARD OF SUPERVISORS Approve the appointment of Maria Spandri to the Parks & Recreation Commission and the Veteran's Park Commission effective 11/20/18 as an At Will Position, appointed by the VFW Hollister Post 9242, due to the resignation of Richard Gallagher. SBC FILE NUMBER: 156
		5.	CLERK OF THE BOARD OF SUPERVISORS - J. SLIBSAGER Approve the action minutes of the November 6, 2018 regular meeting. SBC FILE NUMBER: 119
		6.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Approve Agreement with San Juan Oaks, LLC. SBC FILE NUMBER: 119
		7.	COUNTY CLERK-AUDITOR-RECORDER-ELECTIONS - J. P. GONZALEZ Approve Restated and Revised Trindel Insurance Fund Joint Powers Agreement, and authorize the Chairman to sign the agreement. SBC FILE NUMBER: 943.1
		8.	HUMAN RESOURCES - E. BAROCIO Receive the 2018 San Benito County Holiday Closure schedule for all departments; receive the 2019 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 2018/January 2019 holiday closure period and the 2019 office hours and days of operation. SBC FILE NUMBER: 630 RESOLUTION NO: 2018-78
		9.	OFFICE OF EMERGENCY SERVICES - K. O'NEILL Adopt Governing Body Resolution Authorizing the County Administrative Officer and/or the Emergency Services Manager to execute any actions necessary for the purpose of obtaining financial assistance through the California Office of Emergency Services Grants for the FY 2018 Homeland Security Grant Program (HSGP) and the FY 2018 Emergency Management Performance Grant (EMPG), which may include executing applications and filings. SBC FILE NUMBER: 75.5 RESOLUTION NO: 2018-79
		10.	OFFICE OF EMERGENCY SERVICES - K. O'NEILL Approve MOU with San Benito County Community Foundation for Disaster Financial related donation management services in the event of a large scale emergency or disaster. SBC FILE NUMBER: 1068
		11.	RESOURCE MANAGEMENT AGENCY- J. GUERTIN Approval of Final Map for TSM 14-91, Tract No. 342, commonly known as Sunnyside Estates located at North and West of the intersection of Hospital Road and Southside Road, and take other related action. SBC FILE NUMBER: 105
		12.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve a contract Amendment with NV5 Inc. in the amount of $650,000.00 to pay for engineering services as part of the continued pre-engineering portion of the the bridge replacement program; and approve a budget transfer in the amount of $400,000.00 from Salary and Benefits to Services and Supplies Other Consultants to use salary savings to offset the portion of the contract amendment that is not reimbursable. SBC FILE NUMBER: 105
		13.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve contract amendment with Hayashi & Wayland LLP to add additional scope of work to include an "Agreed-Upon Procedures Engagement" with the RMA department to research, analyze, and provide recommendations regarding the operational effectiveness and fiscal analysis of the County’s Impact Fees, Road Fund, and CSA Fund programs. SBC FILE NUMBER: 790
		14.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve an on-call contract with Associated Right of Way Services Inc. in an amount not to exceed $200,000 to provide professional right-of-way services between November 21, 2018 and June 30, 2023. SBC FILE NUMBER: 105
		15.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve an on-call contract with Dokken Engineering in an amount not to exceed $200,000 to provide professional right-of-way services between November 21, 2018 and June 30, 2023. SBC FILE NUMBER: 105
		16.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve an on-call contract with Overland, Pacific & Cutler LLC in an amount not to exceed $200,000 to provide professional right-of-way services between November 21, 2018 and June 30, 2023. SBC FILE NUMBER: 105
		17.	TREASURER-TAX COLLECTOR- M. L. ANDRADE Adopt Resolution to Release Unclaimed Checks from their respective funds to the General Fund pursuant to Govt. Code Section 50055. SBC FILE NUMBER: 685.2 RESOLUTION NO: 2018-80
		18.	TREASURER- TAX COLLECTOR- M. L. ANDRADE Adopt Resolution to Release Unclaimed Checks from their respective funds to the General Fund pursuant to Govt. Code Section 50053. SBC FILE NUMBER: 685.2 RESOLUTION NO: 2018-81


	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.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Consider adoption of an Ordinance amending Chapter 7.02 of the San Benito County Code (originally enacted by Ordinance No. 964) related to cannabis businesses within the unincorporated area of San Benito County: 1) Read title of ordinance; 2) Make a motion to accept the introduction; 3) Waive the reading of the ordinance; and 4) Continue to December 11, 2018 for adoption. SBC FILE NUMBER: 119
		20.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Approve Contract with the City of Hollister for Countywide Fire Protection Services for the period of January 1, 2019 through December 31, 2025, in the amount of $1,845,000.00 for 2019. SBC FILE NUMBER: 60
		21.	HEALTH AND HUMAN SERVICES AGENCY - J. RYDIGNSWORD Receive Community Homeless Planning Committee Report from Health and Human Services Agency Director. SBC FILE NUMBER: 130
		22.	RESOURCE MANAGEMENT AGENCY- J. GUERTIN Receive an update regarding safety concerns for the intersection of Fairview Road and Fallon Road; and provide direction to staff. SBC FILE NUMBER: 105
		23.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Receive an update on the County's Federally-funded Bridge Projects and authorize the RMA Director to request $687,068 from the Council of Government's Regional Surface Transportation Program (RSTP) funds for Local project costs. SBC FILE NUMBER: 105
		24.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Adopt Resolution establishing the 2019 Board of Supervisors Meeting Agenda Schedule, pursuant to Ordinance 3.01.001. SBC FILE NUMBER: 119 RESOLUTION NO: 2018-82


	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 LABOR NEGOTIATORS Agency designated representatives: Burke Dunphy, Dania Torres Wong, Ray Espinosa, Joe Paul Gonzalez, Melinda Casillas, Elvia Barocio 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 Employees Confidential Management Employees Appointed Department Heads Unrepresented Employees AUTHORITY: California Government Code Section 54957.6 SBC FILE NUMBER: 235.6
		26.	CLOSED SESSION - CONFERENCE WITH REAL PROPERTY NEGOTIATORS Section 54956.8 Property street address: 2733 John Smith Road, Hollister, CA 95023 Agency Negotiators: Ray Espinosa, County Administrative Officer; Kathleen Gallagher and Kevin McCarthy, Sustainability Programs Managers and CSG Consultants; Deputy County Counsel Shirley Murphy, County Counsel Barbara Thompson Negotiating parties: County of San Benito and Waste Connections, Inc. Under Negotiation: Price and Terms of Payment SBC FILE NUMBER: 235.6
		27.	CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Subdivisions (a) and (d)(1) of Section 54956.9 Name of Case: Rose, et. al. v. County of San Benito, Superior Court of California, County of San Benito, Case No. CU-17-00151. SBC FILE NUMBER: 235.6
		28.	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: 1 SBC FILE NUMBER: 235.6


	ADJOURNMENT


	Adjourn to the next regular meeting of Tuesday, December 11, 2018 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.