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

February 4, 2020 - 9:00 AM

 

 Board of Supervisors

Mark Medina

District No. 1

Anthony Botelho

District No. 2

Peter Hernandez

District No. 3

Jim Gillio

Vice-Chairman

District No. 4

Jaime De La Cruz

Chairman

District No. 5

 

 

 

SAN BENITO COUNTY

BOARD OF SUPERVISORS

Mark Medina

District No. 1

Anthony Botelho

District No. 2

Peter Hernandez

District No. 3

 

Jim Gillio

District No. 4

Vice-Chair

Jaime De La Cruz

District No. 5

Chair


County Administration Building - Board of Supervisors Chambers, 481 Fourth Street, Hollister, California

REGULAR MEETING AGENDA - POSTED AND FINAL

February 4, 2020

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
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.

BEHAVIORAL HEALTH DEPARTMENT - A. YAMAMOTO

Approve contract with James Featherstone,  Consultant for the period of February 4, 2020 to June 30, 2020, for a total sum not to exceed $75,000.00.

SBC FILE NUMBER: 810

2.

BOARD OF SUPERVISORS

Approve Certificate of Recognition for 2020 San Benito County Chamber of Commerce's 99th Annual Awards Dinner Dance for the following honorees:  Chamber of Commerce Man and Woman of the Year; Ambassador of the Year; Large Business of the Year; Entrepreneur Businesses of the Year; Agricultural Business of the Year; Non-Profit Organization of the Year; Service Business of the Year; Green Business Leader.  To be presented at the awards dinner on February 22, 2020 at Leal Vineyards. 

SBC FILE NUMBER: 156

3.

CLERK OF THE BOARD OF SUPERVISORS - J. SLIBSAGER

Approve the action minutes of the September 24, 2019 regular meeting,  October 8, 2019 regular meeting, October 22, 2019 regular meeting and the November 5, 2019 regular meeting.

SBC FILE NUMBER: 119

4.

COUNTY ADMINISTRATION OFFICE - R ESPINOSA  

Delegate athority to CAO to execute contract with Nielsen Merksamer for a five (5) month period to represent the interest of San Benito County at the State level in the amount not to exceed $30,000.00.

SBC FILE NUMBER: 119

5.

COUNTY ADMINISTRATION OFFICE - R ESPINOSA

Grant Authority to the CAO to execute a Non-Disclosure Agreement with Trical, Inc., EMC Planning Group, Inc., Pacific Crest Engineering, Inc., and Trinity Consultants, Inc., on behalf of the County, subject to County Counsel approval.

SBC FILE NUMBER: 119

6.

HEALTH AND HUMAN SERVICES AGENCY - T. BELTON

Approve the re-appointment of Ms. Kristi Alarid, as a Private Sector representative to the Workforce Development Board (WDB) for a three-year term effective 12/10/2019 through 12/10/2022.

SBC FILE N UMBER: 130

7.

HEALTH AND HUMAN SERVICES AGENCY - T. BELTON

Approve new appointment  of Ms. Cynthia Larca, as a Public Sector representative to the Workforce Development Board for the term effective 1/14/20 through 1/14/23; approve the re-appointment of Mr. Richard Bianchi, as a Private Sector representative to the Workforce Development Board for the term effective 1/14/20 through 1/14/23.

SBC FILE NUMBER: 130

8.

PROBATION DEPARTMENT - J. FRONTELLA, JR.

Authorize the leasing of one vehicle through the County's Enterprise Fleet Management Master Equity Lease Agreement for FY 2019-2020, for the amount of $38,409.79 with a 10% contingency.

SBC FILE NUMBER: 510

9.

RESOURCE MANAGEMENT AGENCY - H. MAVROGENES

Approve a contract with MNS Engineers, Inc., to provide construction contract administration, engineering, inspection, and materials testing services for the construction of the PWB-1911 Hospital Road Bridge - Low Water Crossing Replacement Project – FAP No. BRLKS-NBIL(501) in the amount not to exceed $1,498,880.02; Authorize the Chair, Board of Supervisors. to execute the Contract with MNS Engineers, Inc.

SBC FILE NUMBER: 105

10.

RESOURCE MANAGEMENT AGENCY – H. MAVROGENES

(1) Approve a contract with James Sommerville, Inc., for CSA 46 Quail Hollow on Wild Oak Drive Roadway Settlement and Park Slope Repair and CSA 46 Quail Hollow on Quail Hollow Drive Roadway and Drainage Repair, in the not to exceed amount of $139,000 and authorize the RMA Director to execute the contract upon receipt of all contract documents required; (2) Adopt Resolution, declaring an on-going emergency and allowing emergency repairs to be completed pursuant to Public Contracts Code section 22050, for CSA 46 roadway settlement and park slope repairs and CSA 46 roadway and drainage repairs, without further competitive bidding, and finding that the repair work is statutorily exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15268(c) for emergency projects (4/5 Vote required); (3) Adopt Resolution establishing a revolving fund and authorizing appropriation of funds to the revolving fund for the benefit of CSA 46, and establishing terms for repayment, for a five (5) year loan in the amount of $69,000, with no interest, to help fund the needed repairs(4/5 Vote required); and (4) Approve budget augmentation and transfer from Traffic Impact Fee Fund in the amount of $69,000 (4/5 Vote Required).

SBC FILE NUMBER: CSA #46

RESOLUTION NO: 2020-6

RESOLUTION NO: 2020-7

11.

RESOURCE MANAGEMENT AGENCY – H. MAVROGENES

Adopt Resolution (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 of the California public 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: 2020-8

PUBLIC HEARING
12.

RESOURCE MANAGEMENT AGENCY - H. MAVROGENES

Conduct a public hearing to consider the Planning Commission recommendation and the adoption of an ordinance to amend the zoning map for an approximately two-acre portion of Assessor's Parcel 020-330-042 located at 151 Ridgemark Drive, 800 feet south of the Airline Highway–Fairview Road–Ridgemark Drive intersection, unincorporated San Benito County, from Single-Family Residential (R1) to Neighborhood Commercial (C-2).

SBC FILE NUMBER: 790

ORDINANCE NO: 1,001

13.

RESOURCE MANAGEMENT AGENCY- H. MAVROGENES

Hold a public hearing to approve 2019 California Building Codes adoption with local amendments; Introduce the ordinance by reading the title and waiving further reading; Receive any public testimony from anyone wishing to address the item; Continue the public hearing until the February 18, 2020 Board meeting for final adoption.

SBC FILE NUMBER: 790

14.

COUNTY COUNSEL'S OFFICE - B. THOMPSON

Hold Public Hearing, and Adopt a Resolution making findings, Read title of the ordinance for the record, waive formal reading of the ordinance and adopt ordinance amending the County's sign ordinance as a result of the Supreme Court case Reed v. Town of Gilbert.

SBC FILE NUMBER: 160

RESOLUTION NO: 2020-9

ORDINANCE NO: 1,002

15.

COUNTY COUNSEL'S OFFICE - B. THOMPSON

Receive and review the Planning Commission recommendations and a staff presentation, open the public hearing and receive comments from the public, close the public hearing, discuss the proposed amendments and alternatives, and adopt an ordinance making the proposed amendments to the Hemp Entities provisions of Chapter 7.04 of the San Benito County Code.

SBC FILE NUMBER: 160

ORDINANCE NO: 1,003

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.

16.

COUNTY LIBRARY- N. CONTE

Presentation of San Benito County Free Library Feasibility Study by Andie Morhous, Director of EMC Research, Incorporated, and Laura Crotty, Vice President of CliffordMoss and provide direction to staff.

SBC FILE NUMBER: 80

17.

HEALTH AND HUMAN SERVICES AGENCY - T. BELTON

Receive the Homeless/Housing Capital Development Projects Report from Health & Human Services Agency.

SBC FILE NUMBER: 130

18.

SHERIFF'S OFFICE - D. THOMPSON

Pursuant to Government Code section 7283.1(d), hold public forum to provide data to the Board of Supervisors and community regarding information provided to U.S. Immigration and Customs Enforcement (ICE).  Said data may include the number and demographic characteristics of individuals, the date ICE access was provided, and whether ICE access was provided through a hold, transfer, or notification request or through other means. 

SBC FILE NUMBER: 110

19.

COUNTY ADMINISTRATION OFFICE - R. ESPINOSA

Read Title, Waive Formal Reading, Accept Introduction and Continue to February 18, 2020, an Ordinance Amending Sections 3.01.092 and 3.01.093 relating to responsibilities of the County Administrative Officer.

SBC FILE NUMBER: 119

20.

COUNTY COUNSEL'S OFFICE - B. THOMPSON 

Approve formation of a new Board Ad Hoc committee (two members) for a "Wine & Hospitality Committee, or a Board subcommittee establishing the duties of the committee and number and composition of committee members, staffing of the committee, and direct Clerk of the Board to notice the vacancy so that they may be filled at a future Board meeting.   (Requested by Supervisor Hernandez)

SBC FILE NUMBER: 160

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.)
21.

CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

No. of cases: 1   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. 

SBC FILE NUMBER: 235.6

ADJOURNMENT
Adjourn to the next regular meeting of February 18, 2020.

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.