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

April 16, 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

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

April 16, 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.


	CALL TO ORDER


		a.	Pledge of Allegiance


				Pledge of Allegiance to be led by Supervisor Peter Hernandez, District #3.


		b.	Acknowledge Certificate of Posting


			Certificate of Posting.


		c.	Presentations and Recognitions


			BOARD OF SUPERVISORS Approve Proclamation declaring the month of April 2019 as Arts, Culture and Creativity Month in San Benito. SBC FILE NUMBER: 430
			BOARD OF SUPERVISORS Approve Proclamation declaring the week of April 23rd - 29th, 2019, as San Benito Dance Week. SBC FILE NUMBER: 430
			BOARD OF SUPERVISORS - (10:00 a.m.) Receive presentation from Assemblyman Robert Rivas. 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.	ASSESSOR'S OFFICE - T. SLAVICH Approve the maintenance agreement with Megabyte Systems Inc. for the Megabyte Property Tax System at a cost not to exceed $147,300.00 with a term from July 1, 2019 - June 30, 2020. SBC FILE NUMBER: 7
		2.	ASSESSOR'S OFFICE - T. SLAVICH Adopt Resolutions establishing Agricultural Preserves and approve the Land Conservation Act contracts for Peter D. Schroder, dba Brookhollow Ranch, L.P., and Karen K. Schroder (Karen K. Schroder Revocable Trust), and authorize the Board Chairman to sign the Resolutions and LCA Contracts. SBC FILE NUMBER: 7 RESOLUTION NO: 2019-34, RESOLUTION NO: 2019-34-1, RESOLUTION NO: 2019-34-2, RESOLUTION NO: 2019-35, RESOLUTION NO: 2019-36
		3.	BEHAVIORAL HEALTH - A. YAMAMOTO Authorize the leasing of six vehicles through the County's Enterprise Fleet Management Master Equity Lease Agreement. SBC FILE NUMBER: 810
		4.	BOARD OF SUPERVISORS Approve the appointment of Dora A. Sanchez to the Parks & Recreation Commission as a District #3 Representative for the period of April 16, 2019 through January 2023. SBC FILE NUMBER: 156
		5.	BOARD OF SUPERVISORS Approve Certificate of Recognition's for 2019 Certified and Classified Employees of the Year Recipients to be presented at a later date. SBC FILE NUMBER: 156
		6.	CLERK OF THE BOARD OF SUPERVISORS - J. SLIBSAGER Approve the action minutes of the special meeting of March 12, 2019. SBC FILE NUMBER: 119
		7.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Approve contract with KNN Public Finance, LLC for continuing disclosure services obligations for certificates of participation for an amount not to exceed $50,000, finding it to be in the public interest to sole source contract with KNN pursuant to section 5.09.010(A) of the San Benito County Code. SBC FILE NUMBER: 119
		8.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Adopt Resolution approving the San Benito County Arts Council to serve San Benito County as a state and local partner of the California Arts Council for 2018/2019 and 2019/2020. SBC FILE NUMBER: 119 RESOLUTION NO: 2019-37
		9.	COUNTY COUNSEL'S OFFICE - B. THOMPSON Approve legal services agreement with Renne Public Law Group in the amount not to exceed $100,000, plus costs, to provide legal representation in the matter of Rose et al. vs. County of San Benito. SBC FILE NUMBER: 160
		10.	COUNTY COUNSEL'S OFFICE - B. THOMPSON Approve Amendment No. 1 to the legal services contract with Hooper, Lundy & Bookman, LLP for legal services in the litigation matters of San Benito County v. Disability Rights California, Superior Court of California, County of San Benito, Case No. CU-19-00080 and Disability Rights California v. County of San Benito et.al., U.S. District Court, Northern District of California San Jose Division, Case No. 5:19-cv-01833 to modify the scope of services to include legal representation in State and Federal Court and to increase the total contract sum by an additional amount of $175,000 for a new total amount of $200,000. The costs of this contract will be paid for by the Behavioral Health Department and will not be a general fund expense. SBC FILE NUMBER: 160
		11.	DISTRICT ATTORNEY'S OFFICE - C. HOOPER Approve acceptance of grant funds from CalOES in the amount of $319,389.00 for the CalOES Victim Witness Assistance Program for FY18/19, with funds to be used for providing victims of crime with mandatory and optional services; approve the budget adjustment in the amount of $28,940.00 (4/5 vote); and add a 1.0 FTE Victim Witness Advocate I/II (with a notation of Mass Casualty assignment) to schedule of authorized positions. SBC FILE NUMBER: 165
		12.	HEALTH & HUMAN SERVICES AGENCY - T. BELTON, INTERIM Approve the 2018-19 Children's Medical Services (CMS) Plan with the State Department of Health Care Services (DHCS) and authorize the Board Chair and Health & Human Services Agency (HHSA) Interim Director to sign the Certification Statements and any subsequent amendments or other related documents. SBC FILE NUMBER: 130
		13.	HEALTH & HUMAN SERVICES AGENCY - T. BELTON, INTERIM Approve and Authorize the Chair to Sign a Contract with California State University, Fresno, Foundation - Central California Training Academy - Bay Area Academy for direct training, field based training and coaching to Social Workers Assigned to Child Welfare Services in the amount of $71,530.56 for fiscal year 2019-2020. SBC FILE NUMBER: 130
		14.	HUMAN RESOURCES - E. NOLASCO Approve the re-appointment of Karen Overstreet as Agricultural Commissioner/Sealer of Weights and Measures, effective March 30, 2019 with the terms and conditions as described. SBC FILE NUMBER: 630
		15.	HUMAN RESOURCES - E. NOLASCO Adopt Resolution for Differential Policy for Special Assignments, delegate authority to the CAO to authorize differential pay not to exceed 10%, and amend the personnel rules. SBC FILE NUMBER: 630 RESOLUTION NO: 2019-38
		16.	OFFICE OF EMERGENCY SERVICES - K. O'NEILL Approve procurement of equipment for two projects utilizing Homeland Security Grant Program (HSGP) funds not to exceed $44,260.00. SBC FILE NUMBER: 1068
		17.	PROBATION DEPARTMENT - J. FRONTELLA Approve the hiring of 1 Full Time Employee (FTE) (with a split cost of .5 FTE through General Funds and .5 through Innovation Project dollars) as a part of the five (5) year Mental Health Services Act (MHSA) Innovative Project Grant. SBC FILE NUMBER: 510
		18.	RESOURCE MANAGEMENT AGENCY Approve a contract with EMC Planning Group for environmental review services for the preparation of the Initial Study for the Assisted Living Facility Project located at 3586 Airline Highway for the term of April 16, 2019 through June 30, 2020 in the amount not to exceed $49,746.50. SBC FILE NUMBER: 790
		19.	RESOURCE MANAGEMENT AGENCY Approve an agreement for reimbursement by project applicants of County costs related to the proposed Assisted Living Facility Project located at 3586 Airline Highway (County Planning file PLN180004). SBC FILE NUMBER: 790
		20.	RESOURCE MANAGEMENT AGENCY Approve Amendment to Contract No. 1 with Lewis Engineering for Survey and Analysis services to monitor disposal capacity at the John Smith Landfill to add additional compensation in an amount not to exceed $46,435.00 for additional scope of services and extend the term expiration from December 31, 2019 to June 30, 2020. SBC FILE NUMBER: 75.4
		21.	RESOURCE MANAGEMENT AGENCY Approve a contract with EMC Planning Group for the preparation of environmental impact review documents for the Ridgemark Golf Course Master Plan and Tentative Subdivision Map for the term of April 16, 2019 through June 30, 2020 in the amount not to exceed $292,435.00. SBC FILE NUMBER: 790
		22.	RESOURCE MANAGEMENT AGENCY Approve Contract Amendment No. 6 with Bengal Engineering for the Hospital Road Bridge Replacement Project ((Federal Project No. BRLKS-NBIL(501)) to add additional services, increase compensation in an amount not to exceed $158,837.00 and to extend the term from June 30, 2019 to June 30, 2021. SBC FILE NUMBER: 105


	PUBLIC HEARING


		23.	RESOURCE MANAGEMENT AGENCY Hold a Public Hearing; Adopt Resolution Initiating Proceedings for the annexation of Meadow at Gardenia Lane (Klauer) Subdivision into existing CSA No. 24 (Santa Ana Acres). SBC FILE NUMBER: CSA #24 RESOLUTION NO: 2019-39

		24.	RESOURCE MANAGEMENT AGENCY Hold a Public Hearing; Adopt an Ordinance to approve the First Amendment to the San Juan Oaks Development Agreement. County File Number PLN190013. OWNER / APPLICANT: San Juan Oaks LLC/Scott Fuller. SBC FILE NUMBER: 790 ORDINANCE NO: 981


	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.


		25.	AGRICULTURAL COMMISSIONER - K. OVERSTREET Provide an update on the current status of the industrial hemp registration regulations. Review proposed amendments to the California Food and Agriculture Code as it pertains to industrial hemp, Senate Bill 153. Review the requirements for an approved state plan as defined in the 2018 Farm Bill. SBC FILE NUMBER: 1.1
		26.	BOARD OF SUPERVISORS Receive presentation from the San Benito County Arts Council about Arts, Culture & Creativity Month. SBC FILE NUMBER: 156
		27.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Discuss the Grand Jury Ordinance and provide direction to staff regarding Grand Juror compensation. SBC FILE NUMBER: 605
		28.	BOARD OF SUPERVISORS Discussion regarding Board of Supervisors working part time to full time. SBC FILE NUMBER: 156
		29.	RESOURCE MANAGEMENT AGENCY Receive Integrated Waste Management /Regional Agency Update. SBC FILE NUMBER: 142
		30.	RESOURCE MANAGEMENT AGENCY Adopt Resolution setting a public hearing for June 11, 2019 and approving issuance of a Proposition 218 Notice for adopting the proposed maximum allowable solid waste collection rates with Recology San Benito County, effective July 1, 2019. SBC FILE NUMBER: 142 RESOLUTION NO: 2019-40
		31.	COUNTY COUNSEL'S OFFICE - B. THOMPSON Receive update on Regional Conservation Investment Strategy program. Provide direction to staff as desired. Potentially approve a letter recommending a boundary and/or text change, and/or requesting exclusion from the RCIS program. SBC FILE NUMBER: 160
		32.	RESOURCE MANAGEMENT AGENCY Discuss the Veteran's Park Restroom and provide direction to staff. SBC FILE NUMBER: 127
		33.	COUNTY COUNSEL'S OFFICE - B. THOMPSON STUDY SESSION - Discuss whether to expressly permit laboratory testing of commercial cannabis and/or cannabis products in agricultural districts with a conditional use permit. If desired, discuss whether to allow manufacturing/processing to occur within agricultural districts. Provide direction to staff. SBC FILE NUMBER: 160
		34.	RESOURCE MANAGEMENT AGENCY Approve an initial list of county roads to receive light maintenance (potholing), and direct staff to continue with procurement of contractor services to complete these road improvement projects in an amount of approximately $980,000.00. This list of roads can be modified or enlarged depending on funding availability. SBC FILE NUMBER: 105


	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.)


		35.	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: 4 Facts and Circumstances Justifying Closed Session: Potential of litigation relating to County's actions and/or policies under the Lanterman-Petris-Short Act. Potential of litigation relating to letter dated March 5, 2019 relating to park fees at Sunnyside Estates. Potential of litigation relating to letter received on January 22, 2019 requesting County to enforce zoning contract between the County and Ridgemark Corporation. Potential of additional litigation related to the County's current master tax agreement. SBC FILE NUMBER: 235.6
		36.	CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Subdivisions (a) and (d)(1) of Section 54956.9 Name of Case: In re PG&E Corporation, United States Bankruptcy Court, Northern District of California, Case No. 19-30088-DM Name of Case: County of Santa Cruz vs. Bureau of Cannabis Control, Superior Court of California, County of Fresno, Case No. 19CECG01224. SBC FILE NUMBER: 235.6
		37.	CLOSED SESSION - CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code 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 Property Address: 2151 Buena Vista Road, San Benito County Agency Negotiator(s): Ray Espinosa, CAO; Barbara Thompson, County Counsel, Mike Ziman, Deputy County Counsel Negotiating Parties: Graniterock, Kevin Jeffery, Vice President Under Negotiation: Price and terms of payment SBC FILE NUMBER: 235.6
		38.	CLOSED SESSION - PUBLIC EMPLOYEE EVALUATION Title: Agricultural Commissioner Sealer of Weights and Measures Authority: California Government Code 54957 SBC FILE NUMBER: 235.6
		39.	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: 2 SBC FILE NUMBER: 235.6


	ADJOURNMENT


	Adjourn to the next special meeting of April 23, 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.