| | | | | | | | | 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
February 5, 2019 - 9:00 AM Board of Supervisors
Mark Medina Board Chairman District No. 1
Anthony Botelho District No. 2
Peter Hernandez District No. 3
Jim Gillio District No. 4 Jaime De La Cruz Vice-Chairman District No. 5 | |
| | | | | | | | |  | SAN BENITO COUNTY BOARD OF SUPERVISORS |
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| | | | | | | | | Mark Medina District No. 1 Chair | Anthony Botelho District No. 2 | Peter Hernandez District No. 3 | Jim Gillio District No. 4 | Jaime De La Cruz District No. 5 Vice-Chair |
County Administration Building - Board of Supervisors Chambers, 481 Fourth Street, Hollister, California
REGULAR MEETING AGENDA - POSTED AND FINAL February 5, 2019 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. | |
| | | | | | | | | | | | Pledge of Allegiance to be led by Supervisor Jaime De La Cruz, District #5. | |
| | | | | | | | | | b. | Acknowledge Certificate of Posting | |
| | | | | | | | | | c. | Presentations and Recognitions | |
| | | | | | | | | | | 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 | |
| | | | | | | | | | 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. | ASSESSOR'S OFFICE - T. SLAVICH
Adopt Resolutions Approving Four Land Conservation Act Division Applications for Contract Numbers 69-034 (Las Aguilas Corp), 74-39 (Shingai), 11-02 & 11-03 (The Wine Group) and 68-50 (Tobias Trust/Partnership); Two Compatible Use Applications for Contract Numbers 71-059 (Lone Tree Ranch) and 69-034 (Las Aguilas Corp); and a Lot line Adjustment Application for Contract Number 68-100 (Asellus - Benito LLC).
SBC FILE NUMBER: 7
RESOLUTION NO: 2019-4, 2019-5, 2019-6, 2019-7, 2019-8, 2019-9, 2019-10 | | | | 2. | BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO
Approve appointment of Emanuel Gonzalez to the Behavioral Health Board for the Term of February 05, 2019 to February 05, 2022.
SBC FILE NUMBER: 810 | | | | 3. | BOARD OF SUPERVISORS
Approve the appointment of Patrick Fancher to the Fish & Game Advisory Commission as a District #4 representative effective February 5, 2019.
SBC FILE NUMBER: 156 | | | | 4. | BOARD OF SUPERVISORS
Approve Certificate of Appreciation for John & Deb Fox for their valued contribution and commitment to San Benito County and Santa Cruz Large Animal Rescue Team for the past 10 years, to be presented at a later date.
SBC FILE NUMBER: 156 | | | | 5. | BOARD OF SUPERVISORS
Approve re-appoint of the following to the Long Term Care Commission: Mitchell Matthews, Pauline Valdivia, Patsy Pence, Creighton Mevdivil, John Beleutz, David Reikowski, Clay Kempf and Rumi Saikia for the period of January 2019 to January 2023.
SBC FILE NUMBER: 156 | | | | 6. | BOARD OF SUPERVISORS
Approve Certificate of Recognition for Jack Swallow, Fish and Game Commissioner for 12 years representing District #4, to be presented at a later date.
SBC FILE NUMBER: 156 | | | | 7. | BOARD OF SUPERVISORS
Approve Certificate of Recognition for 2019 San Benito County Chamber of Commerce's 98th Annual Awards Dinner Dance for the following honorees: Chamber of Commerce Man, Woman and Businesses of the Year. To be presented at the awards dinner on February 16, 2019.
SBC FILE NUMBER: 156 | | | | 8. | BOARD OF SUPERVISORS
Approve the appointment of Nelda Escamilla to the Parks & Recreation Commission as a District #5 representative for the period of February 5, 2019 through December 31, 2020.
SBC FILE NUMBER: 156 | | | | 9. | CLERK OF THE BOARD OF SUPERVISORS - J. SLIBSAGER
Approve the action minutes of the December 11, 2018 regular meeting and the January 15, 2019 regular meeting.
SBC FILE NUMBER: 119 | | | | 10. | COUNTY ADMINISTRATION OFFICE - R. ESPINOSA
Approve out of state travel for 11 County Employees to attend the Tyler Connect 2019 Conference to be held on April 7 - 10 in Dallas, Texas in accordance with San Benito County Travel Policies and Procedures, for an estimated amount of $30,943.00.
SBC FILE NUMBER: 119 | | | | 11. | COUNTY ADMINISTRATION OFFICE - R. ESPINOSA
Approve contract with Granicus for new County website design, implementation and 5 year annual maintenance, hosting, and licensing.
SBC FILE NUMBER: 119 | | | | 12. | COUNTY ADMINISTRATION OFFICE - R. ESPINOSA
Approve out of state travel for County Administrative Officer and 2 Board of Supervisors to attend the Legislative National Association of Counties Conferences to be held on March 2 - 6 in Washington, D.C. in accordance with San Benito County Travel Policies and Procedures. The total estimated cost for three attendees is estimated at $8,859.00.
SBC FILE NUMBER: 119 | | | | 13. | COUNTY ADMINISTRATION OFFICE - R. ESPINOSA
Approve the appointment of Deputy County Administrative Officer, Edgar Nolasco, as the primary and Budget Officer, Stewart Patri, to serve as alternative on the Trindel Board of Directors.
SBC FILE NUMBER: 156
| | | | 14. | COUNTY ADMINISTRATION OFFICE - R ESPINOSA
Approve the allocation of Economic Development Funds for FY 18/19.
SBC FILE NUMBER: 865 | | | | 15. | COUNTY CLERK-AUDITOR-RECORDER-ELECTIONS - J. P. GONZALEZ
Adopt Resolution. approving the Second Amendment to the By-laws of the Pacheco Pass Water District.
SBC FILE NUMBER: 285
RESOLUTION NO: 2019-11 | | | | 16. | COUNTY COUNSEL'S OFFICE - B. THOMPSON
Approve amendment No. 1 of legal services agreement with Shute, Mihaly and Weinberger, LLP in the amount not to exceed $50,000, for a new total amount not to exceed $100,000, to provide specialized legal advice in the area of solid waste.
SBC FILE NUMBER: 160 | | | | 17. | 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 | | | | 18. | HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD
Approve Grant Agreement Modification No. 1 with the City of Sunnyvale for the NOVA and Prison to Employment Grant in the amount of $123,725.00 and approve Budget Adjustment in the amount of $43,800.00. (4/5 vote)
SBC FILE NUMBER: 130 | | | | 19. | HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD
Recognize Revenue Increase and Approve Budget Adjustment for Tobacco Programs in the amount of $125,899.00. (4/5 vote)
SBC FILE NUMBER: 130 | | | | 20. | HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD
Approve new appointments to the Workforce Development Board of Mr. Leonor Nelson to represent the Public Sector, and Mr. Frowein Chuck, to represent the Private Sector, both are mandated board positions, for a three year term, effective 2/5/19 through 2/5/22.
SBC FILE NUMBER: 130 | | | | 21. | RESOURCE MANAGEMENT AGENCY - J. GUERTIN
Approve purchase of office furniture from Pivot Interiors in the amount of $102,300.43 for the Jail Expansion project using budgeted funds.
SBC FILE NUMBER: 120.5 | | | | 22. | RESOURCE MANAGEMENT AGENCY - J. GUERTIN
Approve Supplemental Work Order for existing Job Order Contract (JOC) in the amount of $24,615.18 for additional scope of work on the Juvenile Hall Renovation project; and authorize the RMA Director to sign the supplemental work order.
SBC FILE NUMBER: 120.5 | | | | 23. | RESOURCE MANAGEMENT AGENCY - J. GUERTIN
Approve Supplemental Work Order for existing Job Order Contract (JOC) in the amount of $63,357.31 for additional scope of work on the Sheriff Locker Room & Showers project; Authorize the RMA Director to sign the supplemental work order; and Approve purchase of Personnel Lockers in the amount of $34,201.00. Funding for these items is from Sheriff Equipment Impact Fees.
SBC FILE NUMBER: 110 | | | | 24. | RESOURCE MANAGEMENT AGENCY - J. GUERTIN
Approve a Purchase Order in the amount of $70,133.17 to pay for the renewal of the user license for Accela Civic Platform for a term beginning May 23, 2018 to November 22, 2019, and approve an amendment to an existing contract with True Point Solutions for Accela support and system enhancement services in the amount of $37,000.00.
SBC FILE NUMBER: 105 | | | | 25. | SHERIFF'S DEPARTMENT - D. THOMPSON
Approve out of state travel for 2 Veterans Peer Response Team members to attend Academic & Health Policy Conference on Correctional Health on March 20-22, 2019 in Las Vegas, NV, in acceptance of an invitation to present our team model in a break-out session. Education and travel costs will be offset by a special revenue fund designated for this team and purpose via donations from a non-profit organization, Azalea Charities.
SBC FILE NUMBER: 110 | | | | 26. | TREASURER-TAX COLLECTOR - M. CASILLAS
Adopt a resolution, delegating authority to the San Benito Treasurer to invest and reinvest County funds and the funds of other depositors in the County Treasury, or to sell or exchange securities subject to the guidelines set forth in the County's Investment Policy.
SBC FILE NUMBER: 685.2
RESOLUTION NO: 2019-12 | |
| | | | | | | | | 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: | |
| | | | | | | | | | 28. | EMERGENCY MEDICAL SERVICES - K. O'NEILL
1) PUBLIC HEARING - Conduct public hearing regarding the proposed ordinance amending Chapter 11.09 of the San Benito County Code providing for the regulation of ambulance service in San Benito County:
2) Consider adoption of an Ordinance amending Chapter 11.09 of the San Benito County Code providing for the regulation of ambulance service in San Benito County:
a) Waive the second reading of the ordinance; and
b) Adopt the Ordinance.
SBC FILE NUMBER:1068
ORDINANCE NO: 977
| | | | | | | | | | | | 29. | COUNTY ADMINISTRATION OFFICE - R. ESPINOSA
1) PUBLIC HEARING - Conduct public hearing regarding the schedule of proposed fees and fee deposits related to the cannabis business regulatory program as authorized by Ordinance No. 974, specifically with regard to the cannabis business permit application; and
2) Consider adoption of a resolution setting forth a new Cannabis Business Permit Application Fee, Zoning Verification Fee, Background Check Fee, Appeal Fee, and the applicable fee deposits for the San Benito County Cannabis Business Regulatory Program; and
3) Consider adoption of a resolution designating the Agricultural Commissioner to serve as the County Administrative Officer's designee, who shall be authorized to build and manage the Cannabis Business Regulatory Program, including, but not limited to, preparing the necessary forms, promulgating any necessary rules, regulations, and standards governing application requirements and processes, soliciting applications, conducting evaluations of the cannabis business applicants, as well as, the cannabis employee-applicants, and otherwise implementing the Cannabis Business Permit and Cannabis Employee Work Permit processes and requirements.
SBC FILE NUMBER: 425
RESOLUTION NO: 2019-13
RESOLUTION NO: 2019-14 | | | | | | | | | | | | 30. | RESOURCE MANAGEMENT AGENCY - J. GUERTIN
Conduct a public hearing to consider approval of County file PLN170009, a proposal to 1) adopt an ordinance to rezone a 0.64-acre residential property with three duplexes, or six dwellings, to Residential Multiple/Planned Unit Development (RM/PUD) and 2) affirm, by adoption of a resolution, the conditional approval of a tentative subdivision map to subdivide the property into six lots of non-standard dimensions, each containing one of the existing residences.
SBC FILE NUMBER: 790
ORDINANCE NO:978
RESOLUTION NO: 2019-15 | | | | | | | | | |
| | | | | | | | | 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. | |
| | | | | | | | | | 31. | HEALTH AND HUMAN SERVICES AGENCY - J. RYDINGSWORD
Receive presentation from the Child Abuse Prevention Council.
SBC FILE NUMBER: 130 | | | | 32. | ASSESSOR'S OFFICE - T. SLAVICH
Consider adoption of an Ordinance amending Section 19.01.023 of Title 19, Chapter 19.01 of the San Benito County Code.
1) Read the title of the Ordinance "An Ordinance Amending Section 19.01.023 of Title 19, Chapter 19.01 of the San Benito County Code Pertaining to Compatible Uses on Agricultural Preserves";
2) Make a motion to accept the introduction of the Ordinance;
3) Waive the reading of the Ordinance; and
4) Continue the matter to February 19, 2019 for adoption of the Ordinance.
SBC FILE NUMBER: 7 | | | | 33. | BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO
Receive an 18-19 Status Update on Behavioral Health Building Construction Bidding Process and Request for Approval to Source Building Contractor Quotes for Construction of the County Behavioral Health Building.
SBC FILE NUMBER: 810 | | | | 34. | COUNTY ADMINISTRATION OFFICE - R. ESPINOSA
Strategic plan study session: accept staff presentation, authorize the development of a strategic plan for San Benito County and expenditures associated in the creation of a strategic plan.
FILE NUMBER: 156
| | | | 35. | HUMAN RESOURCES - E. NOLASCO
Adopt Resolution for Exception to the 180-Day Wait Period Government Code Sections 7522.56 & 21224 for Rita Campbell.
SBC FILE NUMBER: 630
RESOLUTION NO: 2019-__ | | | | 36. | RESOURCE MANAGEMENT AGENCY – J. GUERTIN
Adopt the plan to revise the proposed connection of San Juan-Hollister Rd to Union Rd as currently included in the design of Caltrans' Highway 156 Improvement project. The revised plan would increase safety and improve traffic operations by placing a cul-de-sac at the south end of San Juan-Hollister Rd and eliminating the connection to Union Rd. If adopted, Caltrans will revise their current plans to incorporate these improvements, Route 156 Expressway – San Juan Hollister Rd Connection to Union Rd.
SBC FILE NUMBER: 105 | | | | 37. | COUNTY ADMINISTRATION OFFICE - R. ESPINOSA
Receive update on jail financing sources and approve Budget Adjustment recommendation in the amount of $1,445,394.00. (4/5 vote)
SBC FILE NUMBER: 120.5 | | | | 38. | COUNTY ADMINISTRATION OFFICE - R. ESPINOSA
Adopt Resolution, which authorizes the issuance of lease Certificates of Participation in the maximum amount of $8,500,000 to contribute toward financing the new County Jail project, approves as to form the lease agreements and other financing documents, and delegates authority to certain County officials to execute and deliver them on behalf of the County.
FILE NUMBER: 156
RESOLUTION NO: 2019-16 | |
| | | | | | | | | 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.) | |
| | | | | | | | | | 39. | CLOSED SESSION - CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 3239 Southside Road (020-320-031), Hollister, California
Agency Negotiator(s): John Guertin, RMA Director, Adm Goldstone, Capital Program Manager; Ray Espinosa, CAO; James Rydingsword, HHSA Director, Enrique Arreola, HHSA Deputy Director, Barbara Thompson, County Counsel, Irma F. Valencia, Deputy County Counsel
Negotiating Parties: Farm Labor Association (Pat Wirz, President)
Under Negotiation: Price and terms of payment
Authority: California Government Code Section 54956.8
SBC FILE NUMBER: 235.6
| | | | 40. | 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; 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 | | | | 41. | 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 litigation relating to the collection of impact fees on behalf of the San Benito High School District.
SBC FILE NUMBER: 235.6 | | | | 42. | 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 litigation relating to letter received on January 22, 2019 requesting County to enforce zoning contract between the County and Ridgemark Corporation.
SBC FILE NUMBER: 235.6 | | | | 43. | 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 | | | | 44. | CLOSED SESSION PER GOVERNMENT CODE SECTION 54957
Public Employee Discipline/Dismissal/Release
SBC FILE NUMBER: 235.6 | | | | 45. | 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 | |
| | | | | | | | | Adjourn to the next regular meeting of Tuesday, February 19, 2019. | |
| | | | | | | | | 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. |
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