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

December 11, 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

December 11, 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 Muenzers, District #4.


		b.	Acknowledge Certificate of Posting


			Certificate of Posting.


		c.	Presentations and Recognitions


			BOARD OF SUPERVISORS Present the outgoing Chair of the Board of Supervisors, Anthony Botelho, with a plaque of appreciation for his term as Chair of the Board of Supervisors for 2018. SBC FILE NUMBER: 156
			BOARD OF SUPERVISORS - J. MUENZER Present Certificate of Recognition to Ray Pierce Planning Commissioner for eight years on the commission. SBC FILE NUMBER: 156


		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, 18-0413-000-SA, for Asian Citrus Psyllid regulatory activities, from July 1, 2018 through June 30, 2019. Total contract value is $4,862.68. SBC FILE NUMBER: 1.1
		2.	ASSESSOR'S OFFICE - T. SLAVICH Adopt Resolutions and approve contracts establishing Agricultural Preserves for APN 022-130-029, Frank J. Casillas Jr. and Melinda L. Casillas and APN 022-130-130, Frank J. Casillas Jr. and Melinda L. Casillas as Trustees of the Revocable Living Trust and authorize Chairman to sign these Land Conservation Act contracts and Resolutions. SBC FILE NUMBER: 7 RESOLUTION NO: 2018-83, 2018-84
		3.	CHILD SUPPORT SERVICES - J. MURRAY 1. Approve the federal fiscal year 2018-19 Plan of Cooperation between the California Department of Child Support Services and the San Benito Department of Child Support Services, and authorize the Director of Santa Cruz/San Benito Regional Department of Child Support Services to sign on behalf of the County; and 2. Approve the Santa Cruz/San Benito County Regional Department of Child Support Services Memorandum of Understanding for the purpose of continued consolidated administrative functions of their respective local child support services agencies, and authorize the County Administrative Officer to sign on behalf of the County. SBC FILE NUMBER: 22
		4.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Receive the Annual Impact Fee Report for 2017-2018 and the Five year Impact Fee Report for Fiscal year ending in 2013-2014 through 2017-2018. SBC FILE NUMBER: 119
		5.	COUNTY ADMINISTRATION OFFICE- R. ESPINOSA Approve additional Authorized Positions to the FY18/19 Budget for Behavioral Health and Health & Human Services Agency. SBC FILE NUMBER 865
		6.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Approve contract with Vanir Construction Management, Inc. for the period of November 1, 2018 through December 31, 2019, in an amount not to exceed $275,000.00, to provide a countywide Facilities and Capital Improvement Master Plan. SBC FILE NUMBER: 119
		7.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Approve contract with Vanir Construction Management, Inc. in an amount not to exceed $75,000, to provide a Facilities Safety and Security Assessment. SBC FILE NUMBER: 119
		8.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Adopt a Resolution declaring an intention to reimburse expenditures for certain capital projects from the proceeds of tax-exempt obligations. SBC FILE NUMBER: 119 RESOLUTION NO: 2018-85
		9.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Adopt Resolutions granting an additional bonus for the employee units/associations, and the unrepresented employees wishing to be included in the recommended offer by the County Administrative Office, and meet the established criteria of the bonus. The bonus is to be paid January 4, 2019; approve Budget Adjustment/Transfer in the amount of $250,000.00. (4/5 vote) SBC FILE NUMBER: 630 RESOLUTION NO: 2018-86, 2018-87
		10.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Approve and sign letter to express our support for the California, State University Monterey Bay’s LaunchPad Incubator proposal to the U.S. Economic Development Administration (EDA). SBC FILE NUMBER: 119
		11.	COUNTY CLERK-AUDITOR-RECORDER-ELECTIONS - J. P. GONZALEZ Adopt Resolution Accepting the Official Canvass-Statement of Vote for the November 6, 2018 Statewide General Election. SBC FILE NUMBER: 285 RESOLUTION NO: 2018-88
		12.	COUNTY COUNSEL'S OFFICE - B. THOMPSON Approve Amendment No. 1 to legal services agreement with Sloan Sakai Yeung & Wong LLP, in the additional amount of $95,000, for a total contract amount of not to exceed $245,000, plus reasonable costs, to provide legal representation in the matter of Rose et. al vs. County of San Benito, CU 17-00151. SBC FILE NUMBER: 160
		13.	COUNTY COUNSEL'S OFFICE - B. THOMPSON Approve Amendment #1 to Contract with Miller Starr Regalia for legal services regarding legal work for the Angeles Company (Wynn Project), in the additional amount of $20,000, for a total contract amount not to exceed $30,000.00. SBC FILE NUMBER: 160
		14.	HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD Adopt Resolution accepting the 2019 Community Services Block Grant and approving Standard Agreement #19F-4034 in the amount of $267,930.00, and authorizing the Director or Deputy Director to execute agreement. SBC FILE NUMBER: 130 RESOLUTION NO: 2018-89
		15.	HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD Approve the License agreement between the County of San Benito and the Department of Housing and Community Development authorizing the limited use of the San Benito County Migrant Center as a Family Winter Shelter Program during the period of December 3, 2018 through March 31, 2019. SBC FILE NUMBER: 130
		16.	HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD Approve hiring a child welfare Social Work Supervisor II at Step G. SBC FILE NUMBER: 130
		17.	HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD Approve Renewal of Safe Measures contract for Child Welfare Services in the amount of $12,600 for a two year term of January 1, 2019 through December 31, 2020. SBC FILE NUMBER: 130
		18.	HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD Approve contract Amendment #2 with the City of San Jose for the Housing Opportunities for Persons with AIDS (HOPWA) in the amount of $50,000 retroactive to July 1, 2018. SBC FILE NUMBER: 130
		19.	HUMAN RESOURCES - E. BAROCIO Approve the revised 2018 San Benito County Holiday Closure schedule for the Assessor; adopt a Resolution of the San Benito County Board of Supervisors authorizing the revised hours of operation for the December 2018/January 2019 holiday closure period for the Assessor. SBC FILE NUMBER: 630 RESOLUTION NO: 2O18-90
		20.	PROBATION DEPARTMENT - J. FRONTELLA Authorize Probation Department to enter into a Contract with Gavilan Joint Community College District to provide the "Gavilan College Noncredit Program" in the San Benito County Jail and Community Transition Center for the period of July 1, 2018 through June 30, 2019, in the amount not to exceed $10,000.00. SBC FILE NUMBER: 510
		21.	PROBATION DEPARTMENT - J. FRONTELLA Approve Addendum to Commercial Lease Agreement between the County of San Benito and Community Services Development Corporation for the Community Transition Center (CTC) located at 1111 San Felipe Road, Suite 101, Hollister, CA, for FY2018-2019. SBC FILE NUMBER: 510
		22.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve a contract amendment with 4-Leaf Inc. adding $250,000.00 to the existing contract to pay for code enforcement and planning management services. SBC FILE NUMBER: 790
		23.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve contract with Hibser-Yamauchi Architects for architectural services for the new Behavioral Health Building project in the amount of $322,431.00 for the term of December 11, 2018 through December 31, 2020. SBC FILE NUMBER: 810
		24.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve contract Amendment #1 with Hibser Yamauchi Architects to extend the term of their contract for the Juvenile Hall Renovation project to June 30, 2019. SBC FILE NUMBER: 120.5
		25.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Adopt plans and specifications for PWB-1810 New Behavioral Health Center Modular Bid project and authorize the advertising for bids. SBC FILE NUMBER: 810
		26.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve contract amendment #1 with In Studio Architecture to extend the term of their existing contract for the Homeless Services Center Phase II project through June 30, 2019. SBC FILE NUMBER: 130
		27.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve the purchase and installation of a vehicle lift for the Road Maintenance Division of the Resource Management Agency (RMA) in the amount of $11,664.02. SBC FILE NUMBER: 105
		28.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve contract Amendment #1 in an amount not to exceed $6,055.00 with First On Compliance to continue providing hazardous waste certification training services to County staff through December 31, 2019. SBC FILE NUMBER: 142.2
		29.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve a contract amendment with Regional Analysis & Planning Services Inc. to extend the expiration date of service from December 31, 2018 to December 31, 2019. SBC FILE NUMBER: 790
		30.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve purchase of office furniture from Pivot Interiors in the amount of $61,764.61 for Phase II of the Homeless Services Center using CDBG grant funds. SBC FILE NUMBER: 130
		31.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve contract with Accent Clean and Sweep for street sweeping services for the following CSA's: Long Acres (21), Santa Ana Acres (24), Heatherwood (28), Ausaymas Estates (34), Quail Hollow (46), Oak Creek (47), and Comstock (51) in the amount of twenty-six thousand six hundred sixteen dollars ($26,616.00) for a three (3) year contract; and thirty-five thousand four hundred eighty-eight dollars ($35,488.00) for a four (4) year contract; or forty-four thousand three hundred sixty dollars ($44,360 ) for a five (5) year contract for the term of January 1st, 2019 through January 1st, 2022 with two (2) one-year options to extend the term, unless sooner terminated. SBC FILE NUMBER: 105
		32.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve contract with Jack Davenport Sweeping Services for street sweeping services for CSA 9 (Ridgemark) in the amount of thirty-nine thousand three hundred thirty-six dollars ($39,336.00) for three (3) year contract; or fifty-two thousand four hundred and forty-eight dollars ($52,448.00) for a four (4) year contract; or sixty-five thousand five hundred and sixty dollars ($65,560.00) for five (5) year contract for the term of January 1^st, 2019 through January 1^st , 2022 with two (2) one-year options to extend the term, unless sooner terminated. SBC FILE NUMBER: 105
		33.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approval of two contracts with Biggs Cardosa Associates Inc., one for the Rosa Morada Road Bridge Replacement Project in the amount of $365,892.70 and one for the Union Road Bridge Replacement Project in the amount of $1,001,450.50 for the period of January 1, 2013 through June 30, 2022, to pay for previous and future engineering, design, and environmental services. Neither contract has an impact on the General Fund. SBC FILE NUMBER: 105
		34.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approval of contract with NV5 Inc. for the Rocks Road Bridge Replacement Project in the amount of $296,038.00 for the period of December 11, 2018 through June 30, 2022, to pay for engineering, design, and environmental services. This contract has no impact on the General Fund. SBC FILE NUMBER: 105

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:


		35.	HUMAN RESOURCES- E. BAROCIO Adopt a resolution approving a new collective bargaining agreement between County's In-Home Supportive Services Public Authority and SEIU Local 2015. SBC FILE NUMBER:130.1 The Board will adjourn as the IHSS Public Authority and reconvene as the San Benito County Board of Supervisors re:


	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.


		36.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Accept informational presentation from Lisa Faulkner Executive Director of First 5 San Benito County and strategic plan for FY 2018-2022. SBC FILE NUMBER: 119
		37.	COUNTY CLERK-AUDITOR-RECORDER-ELECTIONS - J. P. GONZALEZ Report on November 6, 2018 Statewide General Election. SBC FILE NUMBER: 285
		38.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Receive a report and provide direction to staff on the County Service Areas (CSA) program. SBC FILE NUMBER: CSA's
		39.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Introduce cannabis program application overview presentation and adopt resolution allowing the Sheriff's Department to access state and federal criminal information for cannabis businesses operators and their employees. SBC FILE NUMBER:119 Resolution No. 2018-91


	PUBLIC HEARING


		40.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA a) Ordinance amending Sections 25.07.005, 25.17.023, 25.17.044, and 25.17.063 of Title 25 of the San Benito County Code; b) Ordinance adding Chapter 19.43 to the San Benito County Code; and c) Ordinance amending Chapter 7.02 of Title 7 of the San Benito County Code. 1) PUBLIC HEARING - Conduct public hearing at 9:00 a.m. or as soon thereafter regarding the draft ordinance relating to zoning for cannabis businesses in San Benito County (Amending Sections 25.07.005, 25.17.023, 25.17.044, and 25.17.063 of Title 25 of the San Benito County Code); - Conduct public hearing regarding the draft ordinance relating to cannabis business land use regulations in San Benito County (Adding Chapter 19.43 to the San Benito County Code); and Conduct public hearing regarding the draft ordinance relating to regulation and permitting of cannabis businesses (Amending Chapter 7.02 of Title 7 of the San Benito County Code); 2) Make 2035 General Plan consistency findings and determinations as set forth in the Planning Commission's Resolution No. 2018-08; No. 2018-09; and No. 2018-10. 3) Find that adoption of the Ordinance amending Sections 25.07.005, 25.17.023, 25.17.044, and 25.17.063 of Title 25; that adoption of the Ordinance adding Ch. 19.43; and amending Ch. 7.02, of the San Benito County Code, is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15308 (regulatory activity to assure the protection of the environment), and California Business and Professions Code Section 26055, subd. (h) (Ordinance will require discretionary review under CEQA to approve licenses to engage in commercial cannabis activity in the County); and direct the RMA Director to file a Notice of Exemption; 4) Consider adoption of an Ordinance amending Sections 25.07.005, 25.17.023, 25.17.044, and 25.17.063 of Title 25; adding Chapter 19.43; and Ordinance amending Chapter 7.02 of the San Benito County Code relating to zoning for cannabis businesses in the unincorporated area of the County: i) Waive the readings; ii) Accept the introductions; and iii) Adopt the Ordinances; and 5) Retroactively approve publications of first display ad and direct County Counsel to publish second display ads after adoption. SBC FILE NUMBER: 119 ORDINANCE NO: 974 ORDINANCE NO: 975 ORDINANCE NO: 976

		41.	ASSESSOR'S OFFICE - T. SLAVICH (The hearing will begin at 1:30 pm or soon thereafter as the matter may be heard by the Board of Supervisors). Review Land Conservation Act requests for Divisions (LCA Contract No. 69-034 - Las Aguilas Corp., LCA Contract No. 74-39 - Shingai, LCA Contract Nos. 11-02 & 11-03 - The Wine Group, LCA Contract Nos. 68-50 & 1973 Enlargement - Tobias Trust/Partnership), Compatible Use Determinations (LCA Contract No. 68-113 for a compost facility - D & D Brigantino (withdrawn), LCA Contract No. 71-059 for Event Center uses - Lone Tree Ranch, and LCA Contract #69-034 for Event Center uses - Las Aguilas Corp.), and Lot Line Adjustments (LCA Contract #68-100 - Asellus-Benito LLC), and make determinations approving or denying each request. SBC FILE NUMBER: 7


	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.)


		42.	CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL_EXISTING LITIGATION Subdivisions (a) and (d)(1) of Section 54956.9 Name of Case: Aguilar et. al. v. County of San Benito, U.S. District Court for the Northern District of California, Case No. 5:17-cv-06859-NC SBC FILE NUMBER: 235.6
		43.	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
		44.	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
		45.	CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9, subd. (d)(2), (e)(1) Number of potential cases: 1 SBC FILE NUMBER: 235.6


	ADJOURNMENT


	Adjourn to the next regular Board meeting on Tuesday, January 15, 2019 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.