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 - AMENDED AGENDA 05/17/19

May 21, 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 - AMENDED AGENDA 05/17/19

May 21, 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.
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 - 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

c.Presentations and Recognitions

BOARD OF SUPERVISORS

Present Certificate of Recognition to Frances "Dolly" DeVasier for 40 years of service with the VFW Auxiliary, Post 9242.

SBC FILE NUMBER: 156

RESOURCE MANAGEMENT AGENCY

Approve Proclamation recognizing May 19-25, 2019 as National Public Works Week.

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 #19-0115-000-SA, for organic registration and inspection activities, from July 1, 2019 through June 30, 2020 for a total contract value of $4,700.00.

SBC FILE NUMBER: 1.1

3.

AGRICULTURAL COMMISSIONER - K. OVERSTREET

Approve State Contract #19-0057-000-SA, for Direct Marketing regulatory activities, from July 1, 2019 through June 30, 2020, for a total contract of $400.00.

SBC FILE NUMBER: 1.1

4.

AGRICULTURAL COMMISSIONER - K. OVERSTREET

Approve State Contract #19-0219-000-SA, for Weighmaster Enforcement activities from July 1, 2019 through June 30, 2020, for the amount of $720.00.

SBC FILE NUMBER: 1.1

5.

AGRICULTURAL COMMISSIONER - K. OVERSTREET

Approve State Contract #19-0169-000-SA between the California Department of Food & Agriculture and the County of San Benito for Petroleum labeling and advertising activities from July 1, 2019 through June 30, 2020 for a total amount of $975.00.

SBC FILE NUMBER: 1.1

6.

BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO

Approve contract renewal for the period of July 1, 2019 through June 30, 2020 with Salvador Lodge, Board and Care for residential treatment services in the amount of $40,000.00.

SBC FILE NUMBER: 810

7.

BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO

Approve contract renewal with IDEA Consulting for period of July 1, 2019 through June 30, 2010, in the amount of $147,000.00.

SBC FILE NUMBER: 810

8.

BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO

Approve contract renewal with Unity Care Group Inc., for the provision of mental health residential treatment services for children and adolescents for the period of July 1, 2019 through June 30, 2020, in the amount of $40,000.00.

SBC FILE NUMBER: 810

9.

BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO

Approve contract renewal with Administrative/Fiscal consultant Gary Ernst for for the period of July 1, 2019 through June 30, 2020, in the amount of $115,000.00.

SBC FILE NUMBER: 810

10.

BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO

Approve contract renewal with Suicide Prevention of the Central Coast for the provision of Mental Health Service Act, Prevention and Early Intervention for the period of July 1, 2019 through June 30, 2020, in the amount of $18,390.00.

SBC FILE NUMBER: 810

11.

BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO

Approve contract renewal with Dr. Michael Fruchter for psychiatry services for the period of July 1, 2019 through June 30, 2020, in the amount of $258,000.00.

SBC FILE NUMBER: 810

12.

BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO

Approve contract renewal with California Locums, PC for Psychiatry Services for the period of July 1, 2019 through June 30, 2020, in the amount of $375,000.00.

SBC FILE NUMBER: 810

13.

BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO

Approve contract renewal with Crisis Support Services of Alameda County for the provision of telephone screening, crisis intervention/ counseling for the period of July 1, 2019 through June 30, 2020, in the amount of $60,000.00.

SBC FILE NUMBER: 810

14.

BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO

Approve contract renewal with Front Street, Inc. Residential Care Facility for the period of July 1, 2019 through June 30, 2020, in the amount of $48,000.00.

SBC FILE NUMBER: 810

15.

BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO

Approve contract renewal with 7th Avenue Skilled Nursing Facility in the amount of $89,000.00 for  the period of July 1, 2019 through June 30, 2020.

SBC FILE NUMBER: 810

16.

BEHAVIORAL HEALTH  DEPARTMENT - A. YAMAMOTO 

Adopt Resolution authorizing acceptance of the County of San Benito Noncompetitive allocation award under the "No Place Like Home" Program  and authorize the Behavioral Health Director to submit and sign the Allocation Acceptance, Certification Contract Forms, associated NPLH funds application documents and the State of California Standard Agreement. 

SBC FILE NUMBER: 810

RESOLUTION NO: 2019-44

17.

BOARD OF SUPERVISORS

Approve Letter of Opposition to AB 1356, an assembly bill which, if adopted, would potentially allow cannabis retail in the unincorporated region.

SBC FILE NUMBER:156

18.

BOARD OF SUPERVISORS

Approve Letter of Support of abandoning the California High Speed Rail Project.

SBC FILE NUMBER: 156

19.

COUNTY COUNSEL'S OFFICE - B. THOMPSON 

Approve contract Amendment No. 4 with LexisNexis, the County's online legal research database for a cost of $980.00 per month for the term 6/1/2019 through 5/31/2020. 

SBC FILE NUMBER: 160

20.

COUNTY COUNSEL'S OFFICE - B. THOMPSON

Approve Amendment No. 1 to legal services agreement with Colantuono, Highsmith & Whatley, PC, in an additional amount of $10,000 (for a total contract of not to exceed $20,000), to provide legal representation in the matter of Rose et. al vs. County of San Benito.

SBC FILE NUMBER: 160

21.

COUNTY COUNSEL'S OFFICE - B. THOMPSON

Adopt Resolution memorializing county policy regarding provision of services in County Service Areas.

SBC FILE NUMBER: 160

RESOLUTION NO: 2019-45

22.

COUNTY COUNSEL'S OFFICE - B. THOMPSON 

Approve Amendment No. 2 to legal services agreement with Colantuono, Highsmith & Whatley, PC in the additional amount of $10,000 for a total contract amount not to exceed $35,000 for work related to the Southside Road landslide. 

SBC FILE NUMBER: 160

23.

COUNTY COUNSEL'S OFFICE - B. THOMPSON

Adopt ordinance relating to the appointment of certain County department heads by the County Administrative Officer and the CAO's hiring and supervisory authority, through the amendment of Chapters 3.01 and 3.03 of the San Benito County Code.

SBC FILE NUMBER: 160

ORDINANCE NO: 982

24.

COUNTY COUNSEL'S OFFICE - B. THOMPSON

 Adopt ordinance amending Chapter 5.09, the County's ordinance related to purchasing, increasing purchasing authority of the County Administrative Officer and Department Heads and making other changes.

SBC FILE NUMBER: 160

ORDINANCE NO: 983

25.

HEALTH AND HUMAN SERVICES AGENCY - T. BELTON, INTERIM

Adopt a Resolution for the Acceptance of Community Service Block Grant Discretionary Funds for 2019, in the amount of $30,000 and approve the Budget Adjustment.

SBC FILE NUMBER: 130

RESOLUTION NO: 2019-46

26.

HEALTH AND HUMAN SERVICES AGENCY - T. BELTON, INTERIM

Approve and Authorize the Chair to sign a Three Year Services Agreement July 1, 2019 - June 30, 2022, with JUMP Technologies for Software used by Adult Protective Services, $12,048.00.

SBC FILE NUMBER: 130

27.

HEALTH AND HUMAN SERVICES AGENCY - T. BELTON, INTERIM

Approve and Authorize Department Head or Designee to sign Contracts with the Westin of Sacramento for Whole Person Care Training's in an Annual not to Exceed Amount of $35,000 for Fiscal Year 2019-2020.

SBC FILE NUMBER: 130

28.

HEALTH AND HUMAN SERVICES AGENCY - T. BELTON, INTERIM

Approve U.C. Davis Training Contracts for Health & Human Services staff for fiscal year 2019-2020, for a total amount of $110,500.00.

SBC FILE NUMBER: 130

29.

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.  Approve 10% Special Assignment pay effective January 27, 2019.

SBC FILE NUMBER: 630

30.

PROBATION DEPARTMENT - J. FRONTELLA

Approve contract with Transcend Batterer's Intervention Program Services for the duration of March 29, 2019 to June 30, 2020.

SBC FILE NUMBER: 510

31.

RESOURCE MANAGEMENT AGENCY

Adopt the plans and specifications for the Lovers Lane Road & Drainage Repairs 0.91 Miles N of Shore Road  PWB-1909; find the projects are categorically exempt under CEQA Guidelines Sections 15301 and 15302; and authorize the advertisement for bids.

SBC FILE NUMBER: 105

32.

RESOURCE MANAGEMENT AGENCY

Adopt the plans and specifications for the PWB-1908 Shore Road – San Felipe Road Bridges Guard Rails – STPLX-5943(057); find the projects are categorically exempt under CEQA Guidelines Sections 15301 and 15302; and authorize the advertisement for bids.

SBC FILE NUMBER: 105

33.

RESOURCE MANAGEMENT AGENCY

1. Approve Contract Amendment  #3 for the 4LEAF Professional Services contract to add additional compensation in an amount not to exceed $391,960.00 and extend the expiration date of service from  June 30, 2019 to June 30, 2020. 2. Approve a contract with 4LEAF for Public Works Inspector Services for the term of May 21, 2019 through June 30, 2020 in an amount not to exceed $348,806.00.

SBC FILE NUMBER: 105

34.

RESOURCE MANAGEMENT AGENCY

Adopt Resolution Certifying County Maintained Road Mileage for year 2019.

SBC FILE NUMBER: 105

RESOLUTION NO: 2019-47*

 

*changed to Resolution No. 2019-45

35.

RESOURCE MANAGEMENT AGENCY 

Approve amendments to annual contracts between the Resource Management Agency and the following professional service providers for fiscal year 2019-2020:

 

Part 1 of 2: 

 

(1) EMC Planning: Amendment #1 for the term 9/25/18 through 6/30/20 for planning and permitting services for the new Behavioral Health Building project for a total contract amount not to exceed $52,173;

 

(2) Vanir Construction Management: Amendment #1 for the term 6/20/17 through 12/31/19 for construction management services for the new jail construction project for a total contract amount not to exceed $954,040;

 

(3) Earth Systems Pacific: Amendment #1 for the term 8/8/17 through 12/31/19 for quality assurance testing of construction work at the new jail project site for a total contract amount not to exceed $129,447;

 

(4) Integrated Commissioning & Energy: Amendment #1 for the term 7/24/17 through 12/31/19 for consulting services to ensure that the new jail HVAC system complies with environmental regulations in an additional amount of $2,000 and a total contract amount not to exceed $19,500;

 

(5) Rincon Consulting Services: Amendment #1 for the term 8/8/17 through 12/31/19  for environmental permitting and stormwater prevention plan for the new jail project for a total contract amount not to exceed $48,300;

 

(6) CSG Consultants: Amendment #6 for the term 5/1/15 through 6/30/20 for management support for the Integrated Waste Management program and landfill negotiations in an additional amount of $259,853 for a total contract amount not to exceed $1,219,192;

 

(7) Lewis Engineering: Amendment #2 for the term 12/16/17 through 6/30/20 for engineering and survey services for John Smith landfill in an additional amount of $55,000 for a total contract amount not to exceed $90,000. 

SBC FILE NUMBER: 150

36.

RESOURCE MANAGEMENT AGENCY  

Approve amendments to annual contracts between the Resource Management Agency and the following professional service providers for fiscal year 2019-2020:

 

Part 2 of 2: 

 

(8) Stericycle: Amendment #1 for the term 7/1/17 through 6/30/20 for Sharps and pathogen pickup, remediation, and disposal in an additional amount of $25,000 for a total contract amount not to exceed $75,000;

 

(9) NV5/Nolte Associates: Amendment #5 for the term 6/19/12 through 11/1/21 preliminary engineering services for design and environmental review of Anzar Road bridge replacement project for a total contract amount not to exceed $513,238;

 

(10) NV5: Amendment #2 for the term 6/13/17 through 6/30/20 for on-call engineering services and project management of road and bridges project in the additional amount of $950,000 for a total contract amount not to exceed $2,500,000;

 

(11) Quincy Engineering: Amendment #4 for the term 6/19/12 through 6/30/21 for preliminary engineering services for design and environmental review of Limekiln Road bridge replacement project for a total contract amount not to exceed $534,531;

 

(12) M-Group: Amendment #2 for the term 1/1/18 through 6/30/20 for planning and consultant services for Lima, Wynn, and other development projects in the additional amount of $225,000 for a total contract amount not to exceed $510,000;

 

(13) Interwest Consulting: Amendment #1 for the term 7/1/16 through 6/30/20 for on-call building permit and civil plan review and permit inspections services for a total contract amount not to exceed $360,000;

 

(14) Hayashi & Wayland Accounting: Amendment #2 for the term 8/18/15 through 6/30/20 for Certified Public Accountant Services for the California Mitigation Fee Act for a total contract amount not to exceed $128,000.

SBC FILE NUMBER: 150

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.

37.

BOARD OF SUPERVISORS

Receive update on San Justo Reservoir.

SBC FILE NUMBER: 156

38.

COUNTY COUNSEL'S OFFICE - B. THOMPSON

Adopt resolution waiving of conditions 13, 24 and 35 (relating to affordable housing, access through Ridgemark and provision of a traffic circle) for Vesting Tentative Subdivision Map TSM 15-94. (The Promontory project), near Ridgemark pursuant to Government Code Section 66462.5

SBC FILE NUMBER: 160

RESOLUTION NO: 2019-48

ADDENDUM TO THE

May 21, 2019

BOARD OF SUPERVISORS

REGULAR MEETING AGENDA

 

The following item has been added to the May 21, 2019 agenda:

 

REGULAR AGENDA:

EMERGENCY MEDICAL SERVICES - K. O'NEILL

Approve contract amendment #5 with American Medical Response West, dba: American Medical Response, fro 911 ambulance contract extension through June 30, 2020. 

SBC FILE NUMBER: 1068

ADDENDUM TO THE

May 21, 2019

BOARD OF SUPERVISORS

REGULAR MEETING AGENDA


The following item has been added to the May 21, 2019 agenda:


CLOSED SESSION:

CLOSED SESSION-PUBLIC EMPLOYEE PERFORMANCE EVALUATION

Title:    County Counsel

Authority: California Government Code 54957

SBC FILE NUMBER: 235.6

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.)
39.

CLOSED SESSION - CONFERENCE WITH REAL PROPERTY NEGOTIATORS  Section 54956.8

Property street address: 0 Buena Vista Road (APN 019-230-002) (On Buena Vista Road across the road from where Buena Vista Road makes a 90 degree turn towards the north)

 

Agency Negotiators: Ray Espinosa, County Administrative Officer; County Counsel Barbara Thompson

Negotiating parties: Graniterock, Kevin Jeffery

Under Negotiation: Price and Terms of Payment

 

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

40.

CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

No. of cases: 3   Subdivisions (a) and (d)(1) of Section 54956.9 Name of Case:  County of Santa Cruz vs. Bureau of Cannabis Control, Superior Court of California, County of Fresno, Case No. 19CECG01224.

 

Disability Rights California v. County of San Benito, United States District Court, Northern District of California, Oakland Division, Case No.19-CV-01833-YGR.

 

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

41.

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

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 dated March 5, 2019 relating to park fees at Sunnyside Estates.

SBC FILE NUMBER: 235.6

ADJOURNMENT
Adjourn to the next regular meeting of June 11, 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.