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

June 25, 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

June 25, 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.
c.Presentations and Recognitions

BOARD OF SUPERVISORS

Present Certificate of Recognition to Jackie Credico, Staff Services Manager with the Health and Human Services Agency, for over 17 years of Service with the County of San Benito upon her retirement, (1/7/2002 - 6/28/19).

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 contract with SCI Consulting Group for cannabis support services in the amount not to exceed $150,000.00, from July 1, 2019 to June 30, 2020.   

SBC FILE NUMBER: 1.1

2.

BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO

Approve contract renewal with Sun Street Centers, Men’s Sober Living Environment (SLE)  for the period of July 1, 2019 through June 30, 2020, for an amount not to exceed $72,000.00.

SBC FILE NUMBER: 810

3.

BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO

Approve contract renewal with Sun Street Centers, ‘Women’s” Sober Living Environment (SLE) for the period of July 1, 2019 through June 30, 2020, for a maximum total of $72,000.00.

SBC FILE NUMBER: 810

4.

BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO

Approve contract renewal with Kings View Corp. for Telepsychiatry Service for the period of July 1, 2019 through June 30, 2020 for a maximum total of $100,000.00.

SBC FILE NUMBER: 810

5.

BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO

Approve contract renewal with Kings View Corp. for MIS (Management Information System) for the period of July 1, 2019 through June 30, 2022, for a total contract amount of $682,180.00.

SBC FILE NUMBER: 810

6.

BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO

Approve contract renewal with the Youth Alliance (YA) for the Provision of Mental Health Services Act  (MHSA), Prevention  and Early Intervention Services for the period of July 1, 2019 through June 30, 2020, in the amount of $242,363.00.

SBC FILE NUMBER: 810

7.

BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO

Approve contract renewal with Remi Vista, Inc. for therapeutic behavioral services for the period of July 1, 2019 through June 30, 2020, in an amount not to exceed $70,000.00.

SBC FILE NUMBER: 810

8.

BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO 

Approve contract renewal with Rebekah Children’s Services, Inc., for the period of July 1, 2019 through June 30, 2020, in an amount not to exceed $40,000.00.

SBC FILE NUMBER: 810

9.

BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO

Approve contract renewal with Merced Behavioral Center for inpatient, locked sub-acute level skilled nursing services for the period of July 1, 2019 through June 30, 2020, in an amount not to exceed $89,000.00.

SBC FILE NUMBER: 810

10.

BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO

Approve contract with Sun Street Centers, for DMC-ODS (Drug MediCal Organized Delivery System) Women’s Perinatal Residential Treatment and Other Supplemental Services for the period of July 1, 2019 through June 30, 2020, in an amount not to exceed $251,483.00.

SBC FILE NUMBER: 810

11.

BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO

Approval of the FY 2019-20 Mental Health Services Act (MHSA) Annual Plan Update and the 3-Year Prevention and Early Intervention Report.

SBC FILE NUMBER: 810

12.

COUNTY ADMINISTRATION OFFICE - R. ESPINOSA

Adopt a resolution amending the Gann Limit for Fiscal Year 2018-2019.

SBC FILE NUMBER: 156

RESOLUTION NO: 2019-59

13.

COUNTY ADMINISTRATION OFFICE - R. ESPINOSA

Approve Budget Adjustments for Fiscal Year End 18/19. Approval of various budget adjustments are needed by the Board of Supervisors related to the closing of FY18/19.

SBC FILE NUMBER: 865

14.

COUNTY ADMINISTRATION OFFICE - R. ESPINOSA

Adopt Resolution subordinating the County's Interest in Tax Revenues to Proposed Bonded Indebtedness of the Successor Agency of the Redevelopment Agency of the City of Hollister and approve the Successor Agency's subordination request relating to refunding the 2009 Bonds 

SBC FILE NUMBER: 156

RESOLUTION NO: 2019-60

15.

COUNTY CLERK/AUDITOR/RECORDER/ELECTIONS - J. P. GONZALEZ

Reduction of CalPERS Employer Unfunded Accrued Liability (UAL) Contribution Expenditure with Annual Lump Sum Prepayment Option.

SBC FILE NUMBER: 608

16.

COUNTY CLERK/AUDITOR/RECORDER/ELECTIONS - J. P. GONZALEZ

Delegate authority to County Clerk, Auditor & Recorder to appoint the Staff Analyst and offer employment within the salary range for Department Staff Analyst with all benefits provided to County MEG employees.

SBC FILE NUMBER: 943.1

17.

COUNTY COUNSEL'S OFFICE - B. THOMPSON

Approve Amendment No. 2 to legal services agreement with Colantuono, Highsmith & Whatley, PC, in an additional amount of $60,000 (for a total contract of not to exceed $80,000), to provide legal representation in the matter of Rose et. al vs. County of San Benito.

SBC FILE NUMBER: 160

18.

HEALTH AND HUMAN SERVICES AGENCY - T. BELTON, INTERIM

Approve and Authorize the Chair to sign a Grant Agreement with the City of Sunnyvale for the NOVA SlingShot 2.0 and the Regional Training Funds in the amount of $25,421.00; and approve Budget Adjustment in the amount of $25,421.00. (4/5 vote)

SBC FILE NUMBER: 130

19.

HEALTH AND HUMAN SERVICES AGENCY - T. BELTON, INTERIM

Adopt resolution approving the Operation and maintenance Contract #19-OMS-12694 between the State Department of Housing and Community Development (HCD) and the County of San Benito in the amount of $807,772; and authorize the HHSA Interim Director or CSWD Deputy Director to sign said contract and any subsequent amendments to said contract that do not require a budget augmentation.

SBC FILE NUMBER: 130

RESOLUTION NO: 2019-61

20.

HEALTH AND HUMAN SERVICES AGENCY - T. BELTON, INTERIM

Approve lease agreement between the County of San Benito and Wet and Dry LLC to provide laundry equipment for the HOME Resource Center for the period of July 1, 2019 through June 30, 2024.

SBC FILE NUMBER: 150

21.

HEALTH AND HUMAN SERVICES AGENCY – T. BELTON, INTERIM

Approve Contract with Mary White, Pharm D., Emergency Preparedness and Pharmacist consultant for the period of July 1, 2019 through June 30, 2020, in the amount of $116,000.00. 

SBC FILE NUMBER: 130

22. HEALTH AND HUMAN SERVICES AGENCY - T. BELTON, INTERIM

Approve Contract with Jennifer Frusetta for the Public Health - Oral Health Project for the period of July 1, 2109 through June 30, 2020, in the amount of $138,200.00.

SBC FILE NUMBER: 130

23.

HEALTH & HUMAN SERVICES - T. BELTON, INTERIM

Approve and authorize the Director of Health & Human Services Agency (Agency) to Sign a Three Year Agreement with the Monterey County Department of Social Services for the use of the CHERISH Receiving Center for 23 hour Youth Placement for the period of July 1, 2019 through June 30, 2022, in an amount not to exceed $10,000.00.

SBC FILE NUMBER: 130

24.

HEALTH AND HUMAN SERVICES AGENCY – T. BELTON, INTERIM

Approve and Authorize the Chair to sign a contract with Veronica Guerra, Licensed Vocational Nurse (LVN) for Nursing Services with the Public Health Services Division for the period of July 1, 2019 through June 30, 2020, for a total amount not to exceed $103,000.00.

SBC FILE NUMBER: 130

25.

HEALTH AND HUMAN SERVICES AGENCY – T.BELTON, INTERIM

Approve contract with Anita Alvarez, Public Health Nurse (PHN) for Public Health Nurse Services for the period of July 1, 2019 through June 30, 2020, for a total amount not to exceed $53,000.00.

SBC FILE NUMBER: 130

26.

HEALTH AND HUMAN SERVICES AGENCY – T.BELTON, INTERIM

Approve contract with Nancy Diehl, Public Health Nurse (PHN) for Public Health Nurse Services for the period of July 1, 2019 through June 30, 2020, for a total amount not to exceed $28,000.00.

SBC FILE NUMBER: 130

27.

HEALTH AND HUMAN SERVICES AGENCY – T. BELTON, INTERIM

Adopt Resolution appointing Dr. Martin Fenstersheib M.D. as Acting County Public Health Officer; and approve a professional services contract for the period of July 1, 2019 to June 30, 2020 in the amount of $104,000.00;

SBC FILE NUMBER: 130

RESOLUTION NO: 2019-62

28.

HEALTH & HUMAN SERVICES AGENCY - T. BELTON, INTERIM

Approve contract with Gavilan College CalWORKs Program to Provide Educational Services to Eligible CalWORKs Participants for the period of July 1, 2019 through June 30, 2020, in the amount of $50,000.00.

SBC FILE NUMBER: 130

29.

HUMAN RESOURCES - E. NOLASCO

Approve Job Specification for Assistant to the Resource Management Agency Director along with the corresponding salary and the related addition of 1.0 FTE to the schedule authorized positions.

SBC FILE NUMBER: 630

30.

OFFICE OF EMERGENCY SERVICES - K. O'NEILL

Authorize signing of Multi-Jurisdictional Local Hazard Mitigation Plan Letters of Commitment and Local Match Fund Commitment Letter for application to the Hazard Mitigation Grant Program and authorize submittal of grant application.

SBC FILE NUMBER: 1068

31.

PROBATION DEPARTMENT- J.FRONTELLA, JR.

Approve Contract with the 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, 2019 through June 30, 2020, in an amount not to exceed $10,000.00.

SBC FILE NUMBER: 510

32.

RESOURCE MANAGEMENT AGENCY - H. MAVROGENES

Approve contract with Cleaning Services for janitorial services in an amount not to exceed $519,8238.00, for the term of June 25, 2019 through June 30, 2022.

SBC FILE NUMBER: 105.3

33.

RESOURCE MANAGEMENT AGENCY- H. MAVROGENES

Approve contract with SWCA Environmental Consultants to perform environmental review services for the preparation of the Initial Study for the proposed use permit and building project at 1520 Sunnyslope Road (County Planning File PLN 180035) for the term of June 25, 2019 through December 31, 2019, in an amount not to exceed $14,284.00.

SBC FILE NUMBER: 105

34.

RESOURCE MANAGEMENT AGENCY- H. MAVROGENES

Approve a Reimbursement Agreement between San Benito County and project applicant, Michael Zangara, for County costs related to the proposed use permit and building project at 1520 Sunnyslope Road (County Planning file PLN180035).

SBC FILE NUMBER: 790

35.

RESOURCE MANAGEMENT AGENCY- H. MAVROGENES

Approve Amendment #1 to contract with Ecology Action for Green Business Specialist services to Certify Green Businesses within San Benito County; add additional compensation in an amount not to exceed $37,550.56 and extend the term of expiration from June 30, 2019 to June 30, 2020.

SBC FILE NUMBER: 142

36.RESOURCE MANAGEMENT AGENCY - H. MAVROGENES

Approve Amendment #4 to the contract with Bracewell Engineering to continue  water and wastewater services for County Service Areas (CSAs) 22 Cielo Vista, 31 Stonegate, and 50 Dunneville that will:  (1) extend the Contract to June 30, 2020; and (2) add additional compensation in an amount not to exceed $173,096.00 for the extended period.

SBC FILE NUMBER: CSA's

37.

RESOURCE MANAGEMENT AGENCY - H. MAVROGENES

(1) Accept all proposals for the PWP-1903 Public Works Road Maintenance Potholes Repair; (2) find Granite Rock Company as a responsive responsible proposal submitter: (3) award contract to Granite Rock Company in the amount of  $395,000.00 for Work Zones A , B, and C; (4) approve contract and authorize the  CAO to execute the contract upon receipt of all contract documents required in the Request For Proposal, (5) and authorize the CAO  to issue change orders in an amount of  not  to exceed $32,250.00; (6) Adopt resolution pursuant to Public Contracts Code sec. 22050 allowing pothole repairs to be completed without further competitive bidding process.

SBC FILE NUMBER: 105

RESOLUTION NO: 2019-64

38.

RESOURCE MANAGEMENT AGENCY - H. MAVROGENES

(1) Approve an Alternative Project – Panoche Road – approximately 28 miles in an estimated  not-to-exceed amount of $350,000 for the PWP-1903 Public Works Road Maintenance Potholes Repair; (2) authorize the  CAO to execute the contract upon  receipt of a cost estimate as required in the Request For Proposal; (3) and authorize the CAO to issue change orders in an amount of  not  to exceed $30,000.00. Authority to execute the contract is pursuant to Resolution of the Board of Supervisors being adopted concurrently with the associated contract for pot-hole repairing with Granite Rock Company.

SBC FILE NUMBER: 105

39.

SHERIFF'S OFFICE - D. THOMPSON

Approve Amendment #7 to contract with California Forensic Medical Group for health care services to the county jail and juvenile hall; extend term of contract to June 30, 2020 from June 30, 2019; and increase the monthly payment and per diem rate by the February CPI of 2.8% to $91,653.24 from $89,156.85 and $4.64 from $4.51 respectively.  

SBC FILE NUMBER: 110

40.

SHERIFF'S OFFICE - D. THOMPSON

Approve contract with Trinity Services Group for food service for the Jail and Juvenile Hall with a sliding scale, per-meal cost for a three year term, July 1, 2019 - June 30, 2022 with an automatic renewal for two (2) two-year extensions unless terminated sooner by either party. 

SBC FILE NUMBER: 110

PUBLIC HEARING
41.

COUNTY COUNSEL'S OFFICE - B. THOMPSON

Continue Public Hearing from the June 11, 2019 meeting regarding new proposed hemp ordinance, County Code Chapter 7.04.  Adopt ordinance to add Chapter 7.04 to Title 7 of the San Benito County Code related to Hemp regulation, including but not limited to definitions, prohibitions, the establishment of the Hemp Entity Management Program, registration requirements and regulations, fees, zoning for cultivation, required setbacks, odor and pollen drift mitigation, minimum parcel size, other requirements and administration and enforcement provisions.  ENVIRONMENTAL EVALUATION: Exempt from CEQA, including, but not limited to, State CEQA Guidelines sections 15061, subd. (b)(3) and 15308.  APPLICANT/PROPONENT: San Benito County.  PROPERTY: Unincorporated San Benito County.

SBC FILE NUMBER: 160

 

42.

COUNTY COUNSEL'S OFFICE - B. THOMPSON

Continue Public Hearing from the June 11, 2019 meeting. Adopt two new proposed ordinances. The First ordinance would amend Chapter 19.43 of the San Benito County Code relating to the land use regulations applicable to the manufacture and laboratory testing of Commercial Cannabis and/or Cannabis products. The second ordinance would amend Section 25.07.005 of Title 25 of the San Benito County Code to permit as a conditional use in agricultural districts the manufacture and laboratory testing of commercial cannabis and/or cannabis products as well as hemp or hemp products.  ENVIRONMENTAL EVALUATION: Exempt from CEQA, including, but not limited to, State CEQA Guidelines sections 15061, subd. (b)(3) and 15308.

SBC FILE NUMBER: 160

ORDINANCE NO: 984

ORDINANCE NO: 985

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.

43.

BOARD OF SUPERVISORS

Receive update on San Justo Reservoir from various agencies.   

SBC FILE NUMBER: 156

44.

BOARD OF SUPERVISORS

Receive an update on Mobility Partnership projects and provide direction to Mobility Partnership Members. 

SBC FILE NUMBER: 156

45.

OFFICE OF EMERGENCY SERVICES - K. O'NEILL

Receive presentation on the Public Safety Power Shutoff (PSPS) program.

SBC FILE NUMBER: 1068

46.

COUNTY ADMINISTRATION OFFICE - R. ESPINOSA

a) Introduce Inclusionary Housing Ordinance regulations in San Benito County to include, but are limited to the following items:  1) Assigning the in-lieu to $82,600 per off-site building permit and setting the Inclusionary Unit Cost at $413,000; 2) Updating the Housing Advisory Committee to seven members; 3) Including the term extremely low income; and 4) Removing Sections 21.03.014, 21.03.015, 21.03.16. (Chapter 21.03 of the San Benito County Code);

b) Introduce the Housing Advisory Committee By-Laws to the Board of Supervisors; and

C)  Hold a public hearing on July 23, 2019 regarding the proposed Ordinance. 

SBC FILE NUMBER: 119

47.

AGRICULTURAL COMMISSIONER - K. OVERSTREET

Adopt the Resolution of Intention to continue Assessments for FY 2019/2020, preliminarily approve the Engineer's Report and provide for a Notice of Hearing for the Mosquito Abatement Program as recommended by the Engineer's Report.

SBC FILE NUMBER: 1.1

RESOLUTION NO: 2019-63

48.

BOARD OF SUPERVISORS

Receive update from Field of Dream Ad Hoc Committee.

SBC FILE NUMBER: 156

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.)
49.

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:  2

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; potential of litigation relating to current landfill agreement.

SBC FILE NUMBER: 235.6

50.

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

Under Negotiation: Price and Terms of Payment

SBC FILE NUMBER: 235.6

51.

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 July 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.