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 - The Attendance at the Meeting is Closed to the Public per Executive Order N-29-20. The public may join meeting by Zoom: https://zoom.us/join per the instructions stated below:

May 19, 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 - The Attendance at the Meeting is Closed to the Public per Executive Order N-29-20. The public may join meeting by Zoom: https://zoom.us/join per the instructions stated below:

May 19, 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.	NOTICE OF TEMPORARY PROCEDURES FOR BOARD OF SUPERVISORS MEETINGS

Pursuant to California Governor Gavin Newsom’s Executive Order N-29-20 issued on March 17, 2020, relating to the convening of public meetings in response to the COVID-19 pandemic. Additionally, members of the Board of Supervisors are allowed to attend the meeting via teleconference and to participate in the meeting to the same extent as if they were present.

Members of the public are encouraged to participate in Board meetings in the following ways:

1. Remote Viewing

Members of the public who wish to watch the meeting can view a livestream of the meeting online through Community Media Access Partnership (CMAP) YouTube, San Benito County Government https://www.youtube.com/channel/UCLj3iW3_dsDzbYqnY1KdCvA.

2. Written Comments & Email Public Comment

- Members of the public may submit comments via email by 5:00 PM. on the Monday prior to the Board meeting to the Clerk of the Board at JSlibsager@cosb.us. Regardless of whether the matter is on the agenda. Every effort will be made to provide Board Members with your comments before the agenda item is heard.

3. Board of Supervisors meeting Zoom Instructions for remote Participants:

Three ways to attend zoom meetings: over the phone, on a web browser, or through the Zoom App. Each meeting will have a meeting ID, which is a unique number associated with an instant or scheduled meeting.

1. Over the phone (Audio only):

· (669) 900-6833 or (408) 638-0968.

2. Open the Web-browser:

· https://zoom.us/join

3. Smart device Application:

· Apple App store: https://apps.apple.com/us/app/id961-5291-5597, Password 343209;

· Android App store: https://play.google.com/store/apps/details?id=us.zoom.videomeetings

Zoom Audio Only (phone)

If you are calling in as audio-only, please dial (669) 900-6833 or (408) 638-0968.

1. It will ask you to enter the Meeting ID #961-5291-5597, Password 343209, followed by the “#” key, which can be found at the top page of the agenda. The meeting agenda can be found at http://cosb.us/

2. It will then ask for a Participant ID, press the “#” key to continue.

3. Once you enter the zoom meeting, you will automatically be placed on mute.

4. Public Comment: If you are using a phone, please press the “*9” to raise your hand, zoom facilitator will unmute you when your turn arrives.

Zoom On Web-browser or Zoom app on Tablet or Smartphone

If joining through web-browser launch: https://zoom.us/join or launch the Zoom app on your Tablet or Smartphone

1. Select “JOIN A MEETING”

2. The participant will be prompted to enter Meeting ID #961-5291-5597, Password 343209 and name to join the meeting. Which can be found at the top page of the agenda. The meeting agenda can be found at http://cosb.us/

3. Participant can launch audio through their computer or set it up through the phone.

Public Comment: select the “Participants Tab” and click “Raise hand” icon, the zoom facilitator will unmute you when your turn arrives.

Public Comment Guidelines

· If participating on zoom Once you are selected, you will hear that you have been unmuted: State your first name, last name, and county you reside in for the record.

· The San Benito County Board of Supervisors welcomes your comments.

· Each individual speaker will be limited to a presentation total of three (3) minutes.

· Please keep your comments, brief, to the point, and do not repeat prior testimony, so that as many people as possible can be heard. Your cooperation is appreciated.

· No Chat function.

If you have any questions, please contact the Clerk of the Board at (831) 636-4000, Ext. 11 or email JSlibsager@cosb.us


		d.	Presentations and Recognitions


			BOARD OF SUPERVISORS Approve Proclamation declaring May as "Water Awareness Month" in San Benito County. SBC FILE NUMBER: 156


		e.	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.


		f.	Department Head Announcements: Information Only


		g.	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 State contract, 19-0994-014-SF, for European Grapevine Moth detection survey activities, from January 1, 2020 through December 31, 2020 for a total contract value is $42,090.00. SBC FILE NUMBER: 1.1
		2.	CLERK OF THE BOARD OF SUPERVISORS - J. SLIBSAGER Approve the action minutes of March 31, 2020 special meeting, the April 7, 2020 regular meeting and the April 14, 2020 special meeting. SBC FILE NUMBER: 119
		3.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Ratify emergency disinfecting cleaning services Amendment #1 to contract with Cleaning Services, executed by the County Administrative Officer in the amount not to exceed a total of $132,800.00, for disinfecting services through September 31, 2020 to include Veteran's Memorial Hall. SBC FILE NUMBER: 119
		4.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Adopt Resolution approving the amendments to the County's Primary and/or Alternate CSAC Excess Insurance Authority (EIA) Joint Powers Authority Agreement; and authorize the County's Primary and/or Alternate Board Member to Execute the Amended Joint Powers Authority Agreement. SBC FILE NUMBER: 119 RESOLUTION NO: 2020-31
		5.	COUNTY COUNSEL'S OFFICE - B. THOMPSON Approve attorney conflict of interest waiver procedure. SBC FILE NUMBER: 160
		6.	COUNTY COUNSEL'S OFFICE - B. THOMPSON Approve First Amendment to Reimbursement and Indemnification Agreement with McDowell Charitable Remainder Uni-trust, et al re. litigation Preserve Our Rural Communities v. County of San Benito, et al. San Benito County Superior Court Case No. CU-20-00053. SBC FILE NUMBER: 160
		7.	COUNTY COUNSEL'S OFFICE - B. THOMPSON Approve Amendment No. 5, to legal services agreement with Colantuono, Highsmith & Whatley, PC in the additional amount not to exceed $18,000 to provide legal representation in the matter of County of San Benito v. Richard Scagliotti, 6th DCA Case No. H045887, and to increase the length of the contract by one year to June 30, 2021. SBC FILE NUMBER: 160
		8.	COUNTY COUNSEL'S OFFICE - B. THOMPSON Approve one year agreement with LexisNexis, the County's online legal research database for a cost of $989.80 per month for the term 6/1/2020 through 5/31/2021, an increase of $9.80/month. SBC FILE NUMBER: 160
		9.	HEALTH AND HUMAN SERVICES AGENCY - T. BELTON Approve contract renewal with Relias LLC for the term of October 1, 2020 to September 30, 2025, in the amount of $121,364.99. SBC FILE NUMBER: 130
		10.	RESOURCE MANAGEMENT AGENCY- H. MAVROGENES Receive a report and adopt resolution authorizing staff to apply for the State Housing & Community Development Local Early Action Planning Grant (LEAP) funds for use in preparing the County's upcoming cycle of Regional Housing Needs Allocation (RHNA). SBC FILE NUMBER: 790 RESOLUTION NO: 2020-32
		11.	RESOURCE MANAGEMENT AGENCY - H. MAVROGENES Proclaim May 17-23, 2020 as National Public Works Week in San Benito County. SBC FILE NUMBER: 105
		12.	RESOURCE MANAGEMENT AGENCY - H. MAVROGENES Authorize the Resource Management Agency Director to enter into a High Cost Agreement with the California Department of Transportation (Caltrans) to secure federal funding from the Highway Bridge Program (HBP) necessary for the construction of the Union Road Bridge Replacement Project – FAP No. BRLS-5943(043) and to secure budget authority to fund the entire estimated construction phase costs currently estimated at $38.4 million while awaiting reimbursement from the HBP grant funding. SBC FILE NUMBER: 105
		13.	RESOURCE MANAGEMENT AGENCY – H. MAVROGENES Approve contract Amendment #2 with Lewis Engineering for an additional $102,000.00 and to extend the existing contract until June 30, 2021. SBC FILE NUMBER: 790
		14.	RESOURCE MANAGEMENT AGENCY – H. MAVROGENES Approve contract Amendment #2 with True Point Solutions for an additional $43,000.00 and to extend the existing contract until June 30, 2022. SBC FILE NUMBER: 790
		15.	RESOURCE MANAGEMENT AGENCY – H. MAVROGENES Approve contract Amendment #3 with NV5 Inc. for an additional $1,005,000.00 and to extend the existing contract until June 30, 2021. SBC FILE NUMBER: 790
		16.	RESOURCE MANAGEMENT AGENCY – H. MAVROGENES Approve contract Amendment #1 with In Studio Architecture to extend the existing contract until June 30, 2021, with no increase in the contract amount. SBC FILE NUMBER: 810
		17.	RESOURCE MANAGEMENT AGENCY – H. MAVROGENES Approve contract with CSG Consultants for an amount not to exceed $89,000.00. SBC FILE NUMBER: 790
		18.	TREASURER/TAX COLLECTOR'S OFFICE - M. CASILLAS The San Benito County Tax Collector respectfully requests consideration of the discharge of the following Delinquent Unsecured Taxes. These taxes have become uncollectable in the normal course of business. The discharge of these taxes does not relieve the taxpayer of their responsibility to pay the taxes, they just cannot be subject to further aggressive means of collection, especially with respect to bank seizures. The office of the San Benito County Tax Collector intends to continue to pursue the payment of these taxes. SBC FILE NUMBER: 685.2
		19.	TREASURER/TAX COLLECTOR'S OFFICE - M. CASILLAS Adopt Resolution, authorizing the Treasurer to temporarily transfer funds in his/her custody as may be necessary to provide funds for meeting the obligations incurred for maintenance purposes by any political subdivision whose funds are in his/her custody and are paid out solely through his/her office, pursuant to Article XVI Section 6 of the Constitution of the State of California. SBC FILE NUMBER: 685.2 RESOLUTION NO: 2020-33


	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.


		20.	HEALTH AND HUMAN SERVICES AGENCY - T. BELTON Receive presentation and update from HHSA/Public Health Services on the respiratory disease coronavirus, also known as COVID-19. SBC FILE NUMBER: 130
		21.	COUNTY COUNSEL'S OFFICE - B. THOMPSON Discuss the COVID-19 eviction ordinance which is due to expire May 31, 2020. If desired, Read Title, Waive further reading, accept introduction and adopt an Urgency Ordinance extending a Temporary Prohibition on COVID-19 Pandemic Related Evictions of the County of San Benito to Impose a Substantial Limitation on Residential and Commercial Evictions for an additional thirty days, or provide other direction to staff. SBC FILE NUMBER: 160 ORDINANCE NO: 1,010
		22.	BOARD OF SUPERVISORS - P. HERNANDEZ Approve in concept, the use of Vets Park for a weekly farmer's market, subject to the Veterans Park Commission's review and approval. Authorize the CAO to execute any necessary contracts after Vet's Park Commission's approval. Authorize financial support, as determined necessary to offset actual costs to the Chamber, not to exceed $35,000 from the Board's previous emergency appropriation to support any costs related to the use of Vets Park. SBC FILE NUMBER: 119
		23.	COUNTY ADMINISTRATIVE OFFICE- R. ESPINOSA Discuss and provide direction to staff regarding the process which should be followed for the negotiation of a project specific (or master) Tax Agreement with the City of Hollister related to commercial annexations. SBC FILE NUMBER: 119


	PUBLIC HEARING


		24.	HEALTH AND HUMAN SERVICES AGENCY - T. BELTON Hold a Public Hearing to receive public comment on the proposed application; adopt Resolution approving and authorizing submission of the 2020 CDBG grant application; authorize the HHSA Director or Deputy Director to accept the grant, if awarded, enter into and execute the grant agreement and any subsequent amendments with the State of California, and execute Funds Requests and other required reporting forms for purposes of administering the grant; authorize the County Administrator to execute the Assurances pertaining to the grant. SBC FILE NUMBER: 130 RESOLUTION NO: 2020-34


	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.)


		25.	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 Potential of litigation relating to COVID-19’s effects on Developer’s obligations established in the San Juan Oaks Development Agreement. SBC FILE NUMBER: 235.6
		26.	CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code section 54956.9, subds. (a) and (d)(1) Name of Case: County of San Benito v. Richard Scagliotti, Sixth Appellate District Court of Appeal, Case No. H045887. SBC FILE NUMBER: 235.6


	ADJOURNMENT


	Adjourn to the next regular meeting of June 2, 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.