Meeting Agenda- POSTED AND FINAL

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

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: Request for reimbursement from Union Heights/CSA 35 related to damage to roads.

SBC FILE NUMBER: 235.6

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

ASSESSOR'S OFFICE - T. SLAVICH

Adopt Resolution Approving a Compatible Use Request on an Agricultural Preserve under Contract Number 70-828 for a Telecommunication Facility (Callan-Kreiger Family Trust).

SBC FILE NUMBER: 7

RESOLUTION NO: 2019-80

BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO

Approve contract renewal with Traditions Behavioral Health for Psychiatry Services for the period of July 1, 2019 through June 30, 2020, in an amount not to exceed $456,352.00.

SBC FILE NUMBER: 810

BEHAVIORAL HEALTH DEPARTMENT - A.YAMAMOTO

Approve contract renewal with BHC Heritage Oaks Hospital for the period of July 1, 2019 through  June 30, 2020, in an amount not to exceed $94,000.00.

SBC FILE NUMBER: 810

BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO

Approve contract with Cielo House, Residential Treatment Facility for the period of September 10, 2019 through June 30, 2020, in the amount not to exceed $100,000.00.

SBC FILE NUMBER: 810

BOARD OF SUPERVISORS

Approve Certificate of Recognition for Monica and Raymond Rodriguez, Hollister Youth Alliance for their outstanding commitment and leadership to our community's Youth & Families, to be presented at a later date.

SBC FILE NUMBER: 156

BOARD OF SUPERVISORS

Approve the appointment of Ralph Anthony Stork as Director of the San Benito Resource Conservation District for a term of September 10, 2019 through November 30, 2022 and John Nolan as Associate Director for a term of September 10, 2019 through November 30, 2022.

SBC FILE NUMBER: 1059

BOARD OF SUPERVISORS

Approve the appointment of Supervisor Peter Hernandez to serve as an additional alternate delegate on the Rural County Representatives of California (RCRC) board and authorize the Chair to sign the letter of appointment. 

SBC FILE NUMBER: 156

CLERK OF THE BOARD OF SUPERVISORS - J. SLIBSAGER

Approve the action minutes of the regular meeting of June 25, 2019.

SBC FILE NUMBER: 119

COUNTY ADMINISTRATION OFFICE - R. ESPINOSA

Adopt resolution approving amendments to the Joint Powers Authority (JPA) Agreement for the Golden State Finance Authority (GSFA), a JPA of which San Benito County is a member.

FILE NUMBER: 119

COUNTY ADMINISTRATION OFFICE - R. ESPINOSA 

Adopt Resolution authorizing the County Administrative Officer to prepare all necessary documents for the Board of Supervisors' consideration, to permanently close, vacate and dispose of a portion of Nash Road between West Street and Monterey Street, and authorize the County Administrative Officer to negotiate the terms of a shared use agreement with the San Benito High School District for construction and shared use of a parking lot on the High School Campus, connected to the River Parkway Bypass Road, to be funded by the County in the estimated amount not to exceed $301,000.

SBC FILE NUMBER: 119

RESOLUTION NO: 2019-82

COUNTY ADMINISTRATION OFFICE - R. ESPINOSA 

Adopt resolution authorizing the CAO to execute a Memorandum of Understanding with the Economic Development Corporation of San Benito County, to allocate funds to the EDC to support economic development within San Benito County,

SBC FILE NUMBER: 425 

RESOLUTION NO: 2019-83

COUNTY COUNSEL'S OFFICE - B. THOMPSON

Approve Amendment No. 5 to legal services agreement with Thomas Law Group in additional amount not to exceed an additional $50,000, for a total contract amount of $181,880; and authorize the CAO to execute an additional amendment to this agreement if necessary in the amount not to exceed an additional 20%. 

SBC FILE NUMBER: 160

COUNTY COUNSEL'S OFFICE - B. THOMPSON

Approve Memorandum of Understanding with Dunneville Estate Common Properties, Inc, the property owner on which CSA facilities are located, 1) authorizing payments of CSA #50 funds in the amount of $8,400.00 (for FY 19-20), and $4,200.00 per year thereafter, plus an annual COLA; and 2) granting an easement to the County.

SBC FILE NUMBER: CSA #50

COUNTY LIBRARY - N. CONTE

The San Benito County Free Library requests Board approval to take the bookmobile to attend, as an exhibitor, the San Benito County Fair at Bolado Park beginning October 3rd, 2019.

SBC FILE NUMBER: 80

HEALTH AND HUMAN SERVICES AGENCY – T. BELTON, INTERIM

Adopt Resolution authorizing Closure of San Benito County Public Health Services, and Environmental Health Offices on October 29, 2019 for the annual community mass influenza vaccination clinic.

SBC FILE NUMBER: 420

RESOLUTION NO: 2019-84

HEALTH AND HUMAN SERVICES AGENCY - T. BELTON, INTERIM

Approve the Revised San Benito County Workforce Development Board (WDB) Bylaws to be effective from the time of BOS approval.

SBC FILE NUMBER: 130

HEALTH AND HUMAN SERVICES - T. BELTON, INTERIM

Approve the Homeless Emergency Assistance Program (HEAP) Capital Development Contract in the amount of $1,100,000.00 and the Program Services contract in the amount of $771,098.00 between the Monterey/San Benito Counties Coalition of Homeless Services Provides ("Coalition") and San Benito County; approve Budget Adjustment/Transfer in the amount of $1,871,098.00. (4/5 vote)

SBC FILE NUMBER: 130

RESOURCE MANAGEMENT AGENCY – H. MAVROGENES

Approve Contract with Medina Systems Contracting, Inc., to replace existing Jail Controls to include New and Existing Jail Controls at Existing Jail to integrate with New Jail Expansion project, for the period of September 15, 2019 through June 1, 2020, for an amount not to exceed  $174,800.00.

SBC FILE NUMBER: 120.5

RESOURCE MANAGEMENT AGENCY – H. MAVROGENES

Approve Contract Change Orders No. 1, 2, 3, 4, 5, 6, 7, 8 for County Service Areas #11-#5-#8-#35-#9 Road Maintenance Project PWB-1903 with VSS International, Inc.; authorize the RMA Director to execute Contract Change Orders 1, 2, 3, 4, 5, 6, 7, 8, with VSS International, Inc.; and, so long as the requirements set forth in Graydon v. Pasadena Redevelopment Agency (1980) 104 C.A.3d 631 are met, authorize the RMA Director to issue change orders in an amount of not to exceed $6,657.47 for these change orders (in addition to the original change order authority of $38,310.00 for a total change order authority of $44,967.47).  (Contract Contingency).

SBC FILE NUMBER: CSA'S

RESOURCE MANAGEMENT AGENCY –H. MAVROGENES

Accept all bids for the SB-1 Cold In-Place Recycling Overlay- Seal Coat Projects At Various Locations FY 2018-2019 PWB-1904, CIR–Overlay on Fairview Road from Fallon Road to Rosa Morada Road, CIR-Overlay on Union Road from Southside Road to Highway 25, CIR-CAPE Seal on Southside Road from San Benito River to near intersection of Highway 25, Seal Coat on F Street, find Granite Rock Company as the lowest responsive responsible bidder, award contract to Granite Rock Company in the amount of $1,076,010.20, approve contract and authorize the RMA Director to execute the contract upon receipt of all contract documents required in the Invitation for Bids, and authorize the RMA Director  to issue change orders in an amount of not to exceed $66,300.51 (Contract Contingency).

SBC FILE NUMBER: 105

RESOURCE MANAGEMENT AGENCY - H. MAVROGENES

Approve contract with JT Plumbing in the amount of $55,249.45 to replace back flow prevention devices in County Service Area (CSA) #31 - Stonegate, for the period of September 10, 2019 through November 30, 2019.

SBC FILE NUMBER: CSA #31

RESOURCE MANAGEMENT AGENCY - H. MAVROGENES

Approve Contract with DAS Systems, Inc. for the Emergency Responder radio System Installation for the San Benito County New Jail Expansion Project, for an amount not to exceed $72,500.00. This contract shall commence on September 15, 2019, and end on November 1, 2019, unless sooner terminated as specified herein.

SBC FILE NUMBER: 120.5

SHERIFF'S OFFICE - D. THOMPSON

Accept report on inmate welfare expenditures for FY 2018-19.

SBC FILE NUMBER: 110

COUNTY COUNSEL'S OFFICE - B. THOMPSON

Continued Public Hearing from the June 11, 2019 meeting regarding new proposed hemp ordinance, County Code Chapter 7.04.  Read title, waive further reading and continue to September 24, 2019 for adoption of an 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

RESOURCE MANAGEMENT AGENCY - H. MAVROGENES

Public hearing and study session for the Board of Supervisors to consider the recommendations of the Planning Commission adopted at a special meeting on September 4, 2019, in Resolution No. 2019-18 and Resolution No. 2019-10 adopted on May 15, 2019 with regard to the Regional Commercial (C-3) nodes, and take final action to either adopt the proposed ordinances as appropriate, or otherwise deny the following items.

Environmental Evaluation: The Board will consider finding that the creation of the C-3 zoning district nodes as currently proposed were adequately considered and consistent with the County 2035 General Plan Environmental Impact Report as certified in Resolution No. 2015-58, and that the adoption of an addendum is appropriate as more particularly described in the staff report and proposed CEQA findings.

1.      2035 General Plan Land Use Maps Clerical Corrections: The Board will consider for accuracy five General Plan Land Use maps (Figures 3.2-3.6) corrected to accurately reflect the Board’s adoption of the 2035 General Plan on July 21, 2015. The maps have been corrected to show the removal of the fourth commercial regional node not approved at State Route 156 that the Board approved for relocation to the “Livestock 101” site. This item will correct clerical mapping errors that do not reflect the final action taken by the Board.

2.      PLN180024-ZA (Zoning Code Amendment): Change provisions of County Code including Chapter 25.16 and Sections 25.03, 25.05 and 25.29 to adopt by ordinance the Regional Commercial (C-3) Zoning District and associated minor Code amendments.

3.      Amend the County Zoning Map to establish boundaries for the Regional Commercial (C-3) District: If the Code amendment is approved, amend the County Zoning Map by ordinance to change the zoning district for land area recommended for inclusion in each of four separate Commercial Regional nodes, with specific site and property boundaries, to Regional Commercial (C-3) Zoning District. Each site will have its own unique theme and undergo site-specific review for uses not allowed through a master development permit or conditional use permit process in accordance with General Plan Policy and new Code provisions.

a.      PLN180024-ZC1 “Betabel” (Zone Change): OWNER/APPLICANT: McDowell Charitable Trust and Betabel RV Park, LLC. LOCATION: West side of U.S. 101 at Betabel Road interchange, 9664 and 9644 Betabel Road, San Juan Bautista, CA (APN 013-150-017, -018, -024 & -025). ZONING DESIGNATION: Request to change zoning from Agricultural Rangeland-Floodplain (AR-FP) to Regional Commercial-Floodplain (C-3-FP) on approximately 29-acres. GENERAL PLAN LAND USE DESIGNATION: Rangeland/Commercial Regional.

b.      PLN180024-ZC2 “SR129/Searle Road” (Zone Change): OWNER/APPLICANT: Weiler Family, Johnson Family, Lavagnino Family & Burke Family Trusts, Mohssin & Saleh, and Rubio. LOCATION: Westerly side of U.S. 101 at Highway 129/Searle Road, San Juan Bautista, CA (APN 012-010-006, -007, -021, -024, 012-030-017, -019 & -023). ZONING DESIGNATION: Request to change zoning from Agricultural Rangeland-Floodplain (AR-FP), Rural or Commercial Thoroughfare (C-2) to Regional Commercial (C-3) on approximately 33-acres. GENERAL PLAN DESIGNATION: Rural or Rangeland/Commercial Regional.

c.      PLN180024-ZC3 “Rocks Ranch” (Zone Change): OWNER/APPLICANT: Bingaman Trust. LOCATION: Southerly side of U.S. 101 at San Juan Road interchange, San Juan Bautista, CA (portion of APN 011-310-006). ZONING DESIGNATION: Request to change zoning from Agricultural Rangeland (AR) or Agricultural Productive (AP) to Regional Commercial (C-3) on approximately 77.3-acres. GENERAL PLAN DESIGNATION: Commercial Regional and Rangeland or Agriculture

d.      PLN180024-ZC4 “Livestock 101” (Zone Change): OWNER/APPLICANT: Warren Family Trust. LOCATION: Northerly side of U.S. 101 and easterly side of Cole Road, 4400 Hwy 101, Aromas, CA (APN 011-280-027, -028, -029, -030, -034, -035 & -036). ZONING DESIGNATION: Request to change the zoning from Rural (R) and Neighborhood Commercial (C-2) to Regional Commercial (C-3) on approximately 159.3-acres. GENERAL PLAN DESIGNATION: Rural/Commercial Regional

SBC FILE NUMBER: 790

HEALTH AND HUMAN SERVICES AGENCY – T. BELTON, INTERIM

Receive Presentation from Public Health and Opioid Task Force with an update on local strategies that have been implemented to mitigate opioid overdose deaths, raise youth and parent education and awareness, and spotlight successes in the countering the opioid epidemic. 

SBC FILE NUMBER: 130

COUNTY COUNSEL'S OFFICE - B. THOMPSON

Read Title for the Record, Waive formal reading and continue to September 24, 2019 for adoption an ordinance amending Chapter 5.09, the County's ordinance related to purchasing, making minor modifications relating to service contracts. 

SBC FILE NUMBER: 160

Read Title of the ordinance for the record, waive further reading and Accept Introduction of Ordinance amending Section 21.01.092 to allow movement of a building from one site to another even if it does not meet minimum code requirements at time of initial inspection, and continue to September 24, 2019 for adoption. 

SBC FILE NUMBER: 160

RESOURCE MANAGEMENT AGENCY – H. MAVROGENES
Adopt Resolution, expressing opposition and non-support of the State Highway Operations and Protection Program project to construct a Roundabout at the intersection of SR 156 and SR 25, and that the SHOPP funds be reallocated to another eligible project within San Benito County.

SBC FILE NO:105

RESOLUTION NO: 2019-85

RESOURCE MANAGEMENT AGENCY - H. MAVROGENES

Adopt Resolution of the Board of Supervisors (1) Ratifying the County Administrator's Letting of contracts to remediate local emergency; (2), Confirming the County Administrator's authority to enter into emergency contracts pursuant to public contracts code 22050 without competitive bidding, (3) Finding that there is a need to continue such emergency action, Pursuant to section 22050 of the California Public contract code; and 4) Finding that the repair work is statutorily exempt from the California Environmental Quality Act (CEQA) under CEQA Guideline Section 15269(c) for Emergency projects. (4/5 vote required)

SBC FILE NUMBER: 105

RESOLUTION NO: 2019-87

BOARD OF SUPERVISORS

Adopt Resolution authorizing the display of the National Motto, "In God We Trust", and delegate authority to accept donations.

SBC FILE NUMBER: 156

RESOLUTION NO: 2019-86

COUNTY ADMINISTRATIVE OFFICE - R ESPINOSA

Received FY18/19 3rd Quarter Financial Report.

SBC FILE NUMBER: 119

CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL

Threat to Public Services or Facilities

Government Code 54957a.

SBC FILE NUMBER: 235.6

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:3

Facts and Circumstances Justifying Closed Session: Potential of litigation relating to current landfill agreement; Potential of additional litigation regarding Master Tax Agreement currently being litigated in Award Homes and BMC Promise Way.

SBC FILE NUMBER: 235.6

CLOSED SESSION-CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Significant Exposure to litigation pursuant to Section 54956.9: Number of Cases: (2)
Closed session is authorized by Section 54956.9(d)(2), (e)(1).

SBC FILE NUMBER: 235.6

CLOSED SESSION-CONFERENCE WITH LABOR NEGOTIATORS

Agency designated representatives: Michael McDougall, Ray Espinosa, Edgar Nolasco, Stewart Patri, Elvia Barocio and Barbara Thompson.

Employee Organizations:

Institutions Association

Law Enforcement Management

Management Employees' Group

SEIU Local 521 (General  Unit Employees)

Deputy Sheriff's Association

Confidential Employees

Confidential Management Employees

Appointed Department Heads

Unrepresented Employees

AUTHORITY: California Government Code Section 54957.6

SBC FILE NUMBER: 235.6

CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

No. of cases: 1   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

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