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

March 19, 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

March 19, 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 Anthony Botelho, District #2.


		b.	Acknowledge Certificate of Posting


			Certificate of Posting.


	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.)


		1.	CLOSED SESSION PER GOVERNMENT CODE SECTION 54957 Public Employee Discipline/Dismiss/Release SBC FILE NUMBER: 235.6


		c.	Presentations and Recognitions


			BOARD OF SUPERVISORS Present Proclamation to the National Kidney Foundation recognizing March 2019 as National Chronic Kidney Disease month in San Benito County. SBC FILE NUMBER: 430


		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.


		2.	AGRICULTURAL COMMISSIONER - K. OVERSTREET Approve State contract, 1-0293-011-SF, for Asian Citrus Psyllid (ACP) for trapping activities, from October 1, 2018 through September 30, 2019, for a total contract value is $111,448.00. SBC FILE NUMBER: 1.1
		3.	AGRICULTURAL COMMISSIONER - K. OVERSTREET Adopt a resolution amending the Cannabis Business Activities Tax Rate for Cannabis Business Activity Type: Microbusiness (Non-Retailer) from 4% to 3.5% of gross receipts and readopting the full schedule of Cannabis Business Activities Tax Rates. SBC FILE NUMBER: 1.1 RESOLUTION NO: 2019-20
		4.	CLERK OF THE BOARD OF SUPERVISORS - J. SLIBSAGER Approve the action minutes of the February 5, 2019 regular meeting. SBC FILE NUMBER: 119
		5.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Adopt Policy 2019-01-000 updating the shared cost agreement between partnering agencies for County GIS Department. SBC FILE NUMBER: 7.5
		6.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Approve budget adjustment from Treasurer budget unit to Tax Collector budget unit in the amount of $25,000.00. SBC FILE NUMBER:685.2
		7.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Approve budget adjustment to increase economic development appropriations in the amount of $32,000.00. SBC FILE NUMBER: 865
		8.	COUNTY CLERK-AUDITOR-RECORDER-ELECTIONS - J.P. GONZALEZ Adopt a resolution authorizing the Chair to execute Agreement Number 18G26135 with the Secretary of State's Office to receive Help America Vote Act (HAVA) Federal grant funds in the amount of $10,000.00 (Polling Place Accessibility) and authorizing the County Clerk-Auditor-Recorder & Ex-Officio Registrar of Voters, or their designee, to conduct all negotiations, execute and submit all documents including, but not limited to, payment requests for reimbursement of HAVA Section 251 authorized expenditures. SBC FILE NUMBER: 285 RESOLUTION NO: 2019-21
		9.	COUNTY CLERK-AUDITOR-RECORDER-ELECTIONS - J.P. GONZALEZ Adopt a resolution authorizing the Chair to execute Agreement Number 18G27135 with the Secretary of State's Office to receive 2018 HAVA Election Security Funds in the amount of $10,000.00 (VoteCal Security) and authorizing the County Clerk-Auditor-Recorder & Ex-Officio Registrar of Voters, or their designee, conduct all negotiations, execute and submit all documents including, but not limited to, payment requests for reimbursement of HAVA Federal funds authorized expenditures. SBC FILE NUMBER: 285 RESOLUTION NO: 2019-22
		10.	COUNTY CLERK-AUDITOR-RECORDER-ELECTIONS - J.P. GONZALEZ 1. Adopt a resolution authorizing the Chair to execute Agreement Number 18G30135 with the Secretary of State's Office to receive AB-1824, Chapter 38 (Stats. 2018) grant funds in the amount of $348,500.00 and authorizing the County Clerk-Auditor-Recorder & Ex-Officio Registrar of Voters, or their designee, to conduct all negotiations, execute and submit all documents including, but not limited to, payment requests for reimbursement, and is authorized to execute any further documents, contract extensions or amendments as is necessary to implement the award of reimbursement; and 2. Approve budget adjustment in the amount of $75,000.00 (revenue increase) for FY-2018/19. (4/5 vote) SBC FILE NUMBER: 285 RESOLUTION NO: 2019-23
		11.	COUNTY COUNSEL'S OFFICE - B. THOMPSON Approve Amendment No. 3, to legal services agreement with Colantuono, Highsmith & Whatley, PC in the additional amount not to exceed $10,000 to provide legal representation in the matter of County of San Benito v. Richard Scagliotti, Superior Court of California, County of San Benito, Case No. CU-16-00007, including proceedings at the Court of Appeal. SBC FILE NUMBER: 160
		12.	FISH AND GAME COMMISSION Approve budget transfer in the amount of $100.00 to purchase 3 digital trail cameras for a total amount not to exceed $600.00; for Fish and Wildlife to be used for patrol purposes within the county for wildlife crime and public safety. (4/5 vote) SBC FILE NUMBER: 24
		13.	HEALTH AND HUMAN SERVICES AGENCY - T. BELTON, INTERIM Approve and Authorize the Chair to Sign the California State Automated Welfare System Joint Powers Agreement and Memorandum Of Understanding. SBC FILE NUMBER: 130
		14.	HEALTH AND HUMAN SERVICES AGENCY - T. BELTON, INTERIM Approve Contract Amendment in the amount of $20,000 with ECenter Reserach for Change Management Requirements. SBC FILE NUMBER: 130
		15.	HEALTH AND HUMAN SERVICES AGENCY - T. BELTON, INTERIM Approve contract with Schipper Design, in the amount of $12,000.00, for the Production of an Informational Video for the Health & Human Services Agency (HHSA), for the period of March 5, 2019 through June 30, 2019. SBC FILE NUMBER: 130
		16.	HEALTH AND HUMAN SERVICES AGENCY - T. BELTON, INTERIM Update General Assistance Maximum Aid amounts effective April 1, 2019; and approve budget adjustment in the amount of $105,000.00. (4/5 vote) SBC FILE NUMBER: 130
		17.	HEALTH AND HUMAN SERVICES AGENCY - T. BELTON, INTERIM Approve Amendment to the Bay-Peninsula Regional Planning Unit (BPRUP) Memorandum of Understanding (MOU) for sharing of travel and training dollars as they related to the Workforce Innovation and Opportunity Act activities under subgrant #K7102072. SBC FILE NUMBER: 130
		18.	HEALTH AND HUMAN SERVICES AGENCY - T. BELTON, INTERIM Approve IT Related Purchases for Health & Human Services Agency (HHSA) for an Estimate of $92,811 SBC FILE NUMBER: 130
		19.	HEALTH AND HUMAN SERVICES AGENCY - T. BELTON, INTERIM Ratify Contract Change Order #1 with VSSI for the total amount of $2,218.35 for the Migrant Camp Slurry Seal Project #082-1; and authorize payment of the invoice. SBC FILE NUMBER: 130
		20.	HUMAN RESOURCES - E. NOLASCO Approve the offer of employment for the Chief Probation Officer, Mr. Frontella in accordance with the attached offer letter effective March 10, 2019. SBC FILE NUMBER: 630
		21.	INFORMATION TECHNOLOGY DEPARTMENT - R. ESPINOSA Approve purchase of IT capital equipment, two Quantum QXS-312RC units, with a three-year support plan, from KISCC, in an amount not to exceed $42,159.44. SBC FILE NUMBER: 119.1
		22.	PROBATION DEPARTMENT - J. FRONTELLA Approve the allocation of Community Corrections Partnership (CCP) SB109 reserve funding for Proposal Nos. 8 and 10, as voted and agreed upon by the San Benito County Community Corrections Partnership Executive Committee (CCP-EX), and approve the budget adjustment/transfer in the amount of $52,800.00 (4/5 vote) SBC FILE NUMBER: 510
		23.	RESOURCE MANAGEMENT AGENCY – J. GUERTIN Adopt the plans and specifications for the County Service Areas #5, #8, #9, #11 and #35 Road Maintenance Project, PWB-1903, and authorize the advertisement for bids. SBC FILE NUMBER: 105
		24.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve a Reimbursement Agreement with Bristol SB, LLC in order to fully reimburse the County for internal staff time, and planning and legal consultant costs associated with a preliminary project review for the potential to build an autonomous driving vehicle test facility on the 2770 +/- acre Floriani Ranch property located within the county. SBC FILE NUMBER: 790
		25.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve the purchase of a Jail Radio System at the new and existing Jail Facility from Dishnet Direct Inc., dba DAS Systems in the amount of $151,137.50 from the Sheriff's Equipment Impact Fee fund. SBC FILE NUMBER: 120.5
		26.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Approve contract with Rincon Consultants for Environmental Impact Review (EIR) services of the Specific Plan for the Lima Property Project for the term of March 19, 2019 through June 30, 2021 in the amount not to exceed $352,199.00. SBC FILE NUMBER: 790
		27.	TREASURER/TAX COLLECTOR - M. CASILLAS 1. Adopt a resolution re-authorizing the San Benito County Treasury Oversight Committee and superseding Board Resolution Nos. 96-21, 97-30, 2004-4, and 2016-71; and 2. Adopt a resolution confirming the County Treasurer's nominations to the San Benito County Treasury Oversight Committee. SBC FILE NUMBER: 685.2 RESOLUTION NO: 2019-24 RESOLUTION NO: 2019-25


	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.


		28.	BOARD OF SUPERVISORS Adopt Resolution designating the Annual Tour on the Juan Bautista De Anza National Historic Trail as the "Annual Jim West Antique Auto Tour", to be held on the second Saturday in May. SBC FILE NUMBER: 156 RESOLUTION NO: 2019-26
		29.	LONG TERM CARE COMMISSION Receive update and report from the Commission. SBC FILE NUMBER: 156
		30.	AGRICULTURAL COMMISSIONER - K. OVERSTREET Adopt resolution to adopt the cannabis business permit application procedures and to acknowledge the initial application period designated by the County Agricultural Commissioner. SBC FILE NUMBER: 1.1 RESOLUTION NO: 2019-27
		31.	RESOURCE MANAGEMENT AGENCY - J. GUERTIN Receive a report on potential projects for the FY 2019-20 SB 1 road program and give direction to staff. 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.)


		32.	CLOSED SESSION PURSUANT TO SECTION 54956.95: LIABILITY CLAIMS Claimant: Ischelle Gonzales (Claim No. TIBS-600154 and TIBR-550422) Agency claimed against: San Benito County -(member Trindel Insurance Fund) SBC FILE NUMBER: 235.6
		33.	CLOSED SESSION-CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant Exposure to litigation pursuant to Section 54956.9: Number of Cases: (1) Closed session is authorized by Section 54956.9(d)(2), (e)(1). SBC FILE NUMBER: 235.6
		34.	CLOSED SESSION - CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 59456.8 Property Address: 3239 Southside Road (020-320-031), Hollister, CA Agency Negotiator(s): Ray Espinosa, CAO; Tracey Belton, Interim HHSA Director, Enrique Arreola, Deputy Director HHSA, 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 SBC FILE NUMBER: 235.6
		35.	CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - TO BE HELD AFTER THE REGULAR AGENDA 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 and March 5, 2019, requesting County to enforce zoning contract between the County and Ridgemark Corporation. SBC FILE NUMBER: 235.6
		36.	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 April 2, 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.