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 the Governor's Executive Order N-29-20. The public may join meeting by Zoom: https://zoom.us/join per instructions stated below:

January 12, 2021 - 9:00 AM

 

 Board of Supervisors

Mark Medina
Chair

District No. 1

Kollin Kosmicki

District No. 2

Peter Hernandez

District No. 3

Bob Tiffany

 District No. 4

Bea Gonzales
Vice-Chair

District No. 5

 

 

 

SAN BENITO COUNTY

BOARD OF SUPERVISORS

Mark Medina

District No. 1
Chair

Kollin Kosmicki

District No. 2

Peter Hernandez

District No. 3

 

Bob Tiffany

District No. 4

 

Bea Gonzales

District No. 5
Vice-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 the Governor's Executive Order N-29-20. The public may join meeting by Zoom: https://zoom.us/join per instructions stated below:

January 12, 2021

9:00 AM

Mission Statement

 To adopt policies that reflect the goals and priorities of the community, design a network of services that prioritizes public safety, equality, and economic vibrancy while balancing commitments to the region's rich history and prosperous future.

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
The Pledge of Allegiance to be led by Supervisor Peter Hernandez, District #3.
b.Acknowledge Certificate of Posting
Certificate of Posting
c.NOTICE OF TEMPORARY PROCEDURES FOR BOARD OF SUPERVISOR MEETING

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. 

 

 

 

This meeting can be accessed in the following methods:

1.    Through Zoom (https://zoom.us/join) per the instruction stated below, and other methods as described further below; and

 

Webinar ID: 950 4218 3212

Webinar Password: 617778

 

2.    Remote live stream on CMAP you tube channel and the County’s Social Media Page. (If available for the meeting).

Participating by Zoom:

Three ways to attend Zoom meetings:  on a web browserthrough the Zoom App, or over the phone. Each webinar will have a webinar ID and password, which is a unique number associated with an instant or scheduled meeting (found at the top of this text). The chat feature is disabled for all participants.  Additionally, the video function is not available to the public.

A.  Zoom on Web-browser:

a.    If joining through web-browser, launch the address https://zoom.us/join or open the direct link listed below:

https://zoom.us

B. Or launch the Zoom app on your Tablet or Smartphone:

b.      Select “JOIN A MEETING”

c.        The participant will be prompted to enter Webinar ID and Password listed above and name to join the meeting.  The meeting agenda can be found at https://www.cosb.us/

d.      The participant can launch audio through their computer or set it up through the phone.

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

C.    Zoom Audio Only (phone):

a.    If you are calling in as audio-only, please dial US: +1 669 900 6833 or +1 408 638 0968

b.    It will ask you to enter the Webinar ID listed above, followed by the “#” key (pound key), then enter Webinar Password listed above at the top page of the agenda. The meeting agenda can be found at https://www.cosb.us/

c.     It will then ask for a Participant ID, press the “#” key (pound key) to continue.

d.    Once you enter the Zoom meeting, you will automatically be placed on mute.

e.    Public Comment: If you are using a phone, please press “*9” (star-nine) to raise your hand, and the Zoom facilitator will unmute you when your turn arrives.

Remote Viewing:

Members of the public who wish to watch the meeting can view a livestream of the meeting online through either the:

A.   San Benito County Facebook Page: https://www.facebook.com/sbccalifornia

B.   Community Media Access Partnership (CMAP) YouTube Page: https://www.youtube.com/channel/UCLj3iW3_dsDzbYqnY1KdCvA.

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 of Supervisor's meeting to the Clerk of the Board at jfrechette@cosb.us.

Public Comment Guidelines

A.   The San Benito County Board of Supervisor's welcomes your comments.

B.   If participating on Zoom, once you are selected you will hear that you have been unmuted:  At this time, please state your first name, last name, and county you reside in for the record.  

C.   Each individual speaker will be limited to a presentation total of three (3) minutes, or such other time as may be designed by the Chair.

D.   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. 

If you have any questions, please contact the Clerk of the Board at (831) 636-4000, Ext. 13 or email JFrechette@cosb.us

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. 

 

 

 

This meeting can be accessed in the following methods:

1.    Through Zoom (https://zoom.us/join) per the instruction stated below, and other methods as described further below; and

 

Webinar ID: 950 4218 3212

Webinar Password: 617778

 

2.    Remote live stream on CMAP you tube channel and the County’s Social Media Page. (If available for the meeting).

Participating by Zoom:

Three ways to attend Zoom meetings:  on a web browserthrough the Zoom App, or over the phone. Each webinar will have a webinar ID and password, which is a unique number associated with an instant or scheduled meeting (found at the top of this text). The chat feature is disabled for all participants.  Additionally, the video function is not available to the public.

A.  Zoom on Web-browser:

a.    If joining through web-browser, launch the address https://zoom.us/join or open the direct link listed below:

https://zoom.us

B. Or launch the Zoom app on your Tablet or Smartphone:

b.      Select “JOIN A MEETING”

c.        The participant will be prompted to enter Webinar ID and Password listed above and name to join the meeting.  The meeting agenda can be found at https://www.cosb.us/

d.      The participant can launch audio through their computer or set it up through the phone.

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

C.    Zoom Audio Only (phone):

a.    If you are calling in as audio-only, please dial US: +1 669 900 6833 or +1 408 638 0968

b.    It will ask you to enter the Webinar ID listed above, followed by the “#” key (pound key), then enter Webinar Password listed above at the top page of the agenda. The meeting agenda can be found at https://www.cosb.us/

c.     It will then ask for a Participant ID, press the “#” key (pound key) to continue.

d.    Once you enter the Zoom meeting, you will automatically be placed on mute.

e.    Public Comment: If you are using a phone, please press “*9” (star-nine) to raise your hand, and the Zoom facilitator will unmute you when your turn arrives.

Remote Viewing:

Members of the public who wish to watch the meeting can view a livestream of the meeting online through either the:

A.   San Benito County Facebook Page: https://www.facebook.com/sbccalifornia

B.   Community Media Access Partnership (CMAP) YouTube Page: https://www.youtube.com/channel/UCLj3iW3_dsDzbYqnY1KdCvA.

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 of Supervisor's meeting to the Clerk of the Board at jfrechette@cosb.us.

Public Comment Guidelines

A.   The San Benito County Board of Supervisor's welcomes your comments.

B.   If participating on Zoom, once you are selected you will hear that you have been unmuted:  At this time, please state your first name, last name, and county you reside in for the record.  

C.   Each individual speaker will be limited to a presentation total of three (3) minutes, or such other time as may be designed by the Chair.

D.   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. 

If you have any questions, please contact the Clerk of the Board at (831) 636-4000, Ext. 13 or email JFrechette@cosb.us

d.Presentations and Recognitions

BOARD OF SUPERVISORS

(1) Open nominations and conduct election for Chair of the Board of Supervisors for 2021;

(2)  Open nominations and conduct election for the Vice-Chair of the Board of Supervisors for 2021;

SBC FILE NUMBER: 156

BOARD OF SUPERVISORS

Receive and approve Committee appointments from the newly elected Chair of the Board of Supervisors for 2021.

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, 20-0981-000-SA, for invasive weed control and eradication activities, from January 15, 2021 through June 30, 2022, Total contract value is $31,969.00.

SBC FILE NUMBER: 1.1

2.

BEHAVIORAL HEALTH- A. YAMAMOTO

Approve contract with Seneca Family of Agencies for Therapeutic Foster Care for a maximum amount of $119,000.00 for the Term of December 15, 2020 through June 30, 2021.

SBC FILE NUMBER: 810

3.

BOARD OF SUPERVISOR'S

Approve Certificate of Appreciation to K. Wayne Norton of the Aromas Water District Board of San Benito County for 8 years of service. 

SBC FILE NUMBER: 156

4.

BOARD OF SUPERVISOR'S

Approve appointment of Scott Adessa to the Fish and Game Commission, District #2  for the term beginning January 12, 2021 through March 31, 2021.
SBC FILE NUMBER: 156

5.

BOARD OF SUPERVISOR'S

Approve appointment of Michelle Conrique to the Park and Recreation Commission, District #2  for the term beginning January 12, 2021 through December 31, 2025.
SBC FILE NUMBER: 156

6.

BOARD OF SUPERVISOR'S

Approve appointment of Robert J Rodriguez II to the Planning Commission, District #1 for the term beginning January 12, 2021 through December 31, 2025.
SBC FILE NUMBER: 156

7.

BOARD OF SUPERVISOR'S

Approve appointment of Julio Rodriguez  to the Planning Commission, District #2  for the term beginning January 12, 2021 through December 31, 2025.
SBC FILE NUMBER: 156

8.

BOARD OF SUPERVISOR'S

Approve appointment of Robert Scagliotti to the Planning Commission, District #3  for the term beginning January 12, 2021 through December 31, 2022.
SBC FILE NUMBER: 156

9.

BOARD OF SUPERVISOR'S

Approve appointment of G. W. Devon Pack to the Planning Commission, District #5  for the term beginning January 12, 2021 through December 31, 2025.
SBC FILE NUMBER: 156

10.BOARD OF SUPERVISOR'S

Approve Certificate of Recognition to Judge Steven Sanders for presentation at a later date, in recognition of his over 30 years of service in San Benito County.

SBC FILE NUMBER: 156

11.

COUNTY ADMINISTRATION OFFICE - R. ESPINOSA

Approve the Annual Impact Fee Report for 2019-2020.

SBC FILE NUMBER: 119

12.

COUNTY COUNSEL'S OFFICE - B. THOMPSON 

Approve Amendment  No. 5 to legal services agreement with Renne Public Law Group in the amount not to exceed $30,000.00 for legal representation, for a total contract amount not to exceed $349,500.00 and extend the term of the contract to December 31, 2022.

SBC FILE NUMBER: 160

13.

HEALTH & HUMAN SERVICES AGENCY- T. BELTON

Approve Affiliation Agreement is made by and between San Benito County Public Health Services (“Agency”) and the University of San Francisco, a California nonprofit public benefit corporation, through its School of Nursing and Health Professions (“University”) for the purpose of using the Agency for a practicum/internship site for undergraduate and graduate students in nursing and health professions programs from the University and is dated as of September 1, 2020.

SBC FILE NUMBER: 130

14.

HUMAN RESOURCES - E. NOLASCO

Approve 80 hours of COVID-19 Sick Leave Bank for San Benito county Employees, for use between January 1, 2021 and June 30, 2021.  

SBC FILE NUMBER: 130

15.

OFFICE OF EMERGENCY SERVICES - K. MANGANO

Adopt Governing Body Resolution Authorizing the County Administrator and/or the Emergency Services Manager to execute any actions necessary for the purpose of obtaining financial assistance through the California Office of Emergency Services (CalOES) for the FY 2020 Homeland Security Grant (HSGP), the FY2020 Emergency Management Performance Grant (EMPG), and the FY2020 Emergency Management Performance Grant – Supplement (EMPG-S) which may include executing applications and filings.

SBC FILE NUMBER: 75.5

RESOLUTION NO: 2021-1

16.

RESOURCE MANAGEMENT AGENCY - B. YOUNG

Adopt the 2019 General Plan Annual Progress Report which will be  submitted to the Office of Planning and Research.
SBC FILE NUMBER: 790

17.

 RESOURCE  MANAGEMENT AGENCY - B. YOUNG

Approve contract Amendment #2 with In Studio Architecture to add additional compensation in an amount not to exceed $4,000.00 to the original contract amount ($56,400.00) for the continuation of services through June 30, 2021.

SBC FILE NUMBER: 810

18.

RESOURCE MANAGEMENT AGENCY- B. YOUNG

Accept bids received for the exterior sealing of the old jail project package; find 101 Builders Inc. as the lowest responsive, responsible bidder; award contract to 101 Builders Inc. in the amount of $82,006.05; approve contract and authorize the RMA Director to execute it upon receipt of all documents required in the Invitation for Bids; and authorize the RMA Director to issue change orders in the amount not to exceed $8,200.60, per Public Contract Code 20142.

SBC FILE NUMBER: 120.5

19.

RESOURCE MANAGEMENT AGENCY - B. YOUNG 

Approve First On Compliance contract amendment #3 which includes an adjustment to the scope of services to include additional annual hazardous waste training certification courses (as required by the Occupational Safety and Health Administration) to County staff in January 18-29, 2021. The contract expiration date will remain December 31, 2021.

SBC FILE NUMBER: 105

20.

 RESOURCE MANAGEMENT AGENCY - B. YOUNG

Approve additional change order authority for RMA Director in the amount of $122,000 for the construction of the Jail Expansion Project, adopt a resolution clarifying the county funding source for the jail expansion project to be submitted to the California Department of Finance, and approve a budget amendment transferring $647,000 of Detention Facilities Impact fees to the Capital Improvement fund and increasing appropriations on the Jail Expansion project by $347,000 in the Capital Improvement Fund.

SBC FILE NUMBER: 120.5

RESOLUTION NO. 2021-4

21.

RESOURCE MANAGEMENT AGENCY - B. YOUNG

Approve Amendment #3 to the contract with Cleaning Services for emergency cleaning and disinfecting services due to COVID-19 through June 30, 2021, in the amount not to exceed $29,790.00.

SBC FILE NUMBER: 510

22.

RESOURCE MANAGEMENT AGENCY - B. YOUNG

Approve Amendment #2 to contract with Cleaning Services for routine janitorial services at various County buildings, adding $21,214.00 to the current contract amount of $546,446.00 to add the Probation Department Annex at 439 Fourth Street, and Suites 101, 203 and 204 to the Health and Human Services offices at 1111 San Felipe Road to the list of County offices for the remainder of the contract, which expires June 30, 2022.

SBC FILE NUMBER: 105.3

23.

RESOURCE MANAGEMENT AGENCY – B. YOUNG

Approve Amendment #2 to the contract with Accent Clean and Sweep for street sweeping services, to add newly completed areas of the CFD 2015-1 Santana Ranch development (8 curb miles), for an additional amount not to exceed $15,588.00.

 SBC FILE NUMBER: 105

24.

TREASURER/TAX COLLECTOR - M CASILLAS

Receive monthly Treasurer portfolio activity report for November 2020.

SBC FILE NUMBER: 685.2

25.

TREASURER/TAX COLLECTOR - M CASILLAS

Adopt a resolution, delegating authority to the San Benito County Treasurer to invest and reinvest County funds and the funds of other depositors in the County Treasury, or to sell or exchange securities subject to the guidelines set forth in the County's Investment Policy.

SBC FILE NUMBER: 685.2

RESOLUTION NO: 2021-2

FINANCE CORPORATION
26.

(The Board will adjourn as the Board of Supervisors and reconvene as the Board of Directors of the San Benito County Financing Corporation)

a. Acknowledge Certificate of Posting.

b. Public Comment. Opportunity to address the Board on items of interest not on the agenda.

27.

CONSENT AGENDA

Approve the action minutes of the January 14, 2020 Annual meeting.

28.

REGULAR AGENDA

Appointment of officers for the year 2021:

President

Vice-President

Secretary-Treasurer

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.

29.

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; receive update on COVID-19 CARES ACT Budget and the General Fund Emergency funds update, discus programs, and provide staff direction. Discuss Enforcement and provide staff direction on future enforcement of public health orders, including future agenda items or future meeting dates.   Provide staff direction on the Great Plates program, COVID-19 Testing and any funding to be contributed by San Benito County; second round of Business Grants and total amount; Delegate Authority to CAO or designee to take all necessary steps including budget amendments (increased appropriations-4/5 vote), to the Disaster Recovery Budget Unit in the General Fund to execute the COVID-19 programing as designated by the Board, in an amount not to exceed $1,000,000; Delegate Authority to CAO to approve and execute contracts or purchase orders for goods and services over $50,000 with the ad-hoc members' approval and subject to County Counsel's review; and Authorize waiver of the County's competitive purchase process for personal property and services, with consent from ad-hoc members, for expeditious use of disaster relief fund to address the Public Health and Public Safety Impacts Of COVID-19.

SBC FILE NUMBER: 130

 


PUBLIC HEARING
30.

COUNTY COUNSEL- B. THOMPSON

Hold a Public Hearing and adopt a resolution tabulating protests and confirming the fee report and fee schedule relating to property-related fees for CSA No. 50, and taking certain related actions.

SBC FILE NUMBER: 160

RESOLUTION NO: 2021-3

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.)
31.

CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

No. of cases 1 (Gov. Code sec 54956.9 (a), and (d)(1)); Name of Case: Preserve Our Rural Community v. County of San Benito, et al. San Benito County Superior Court Case No. CU-21-00003.

32.

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

33.

CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

No. of cases: 2   Subdivisions (a) and (d)(1) of Section 54956.9

Name of Case: BMC Promise Way, LLC, dba Benchmark Communities v. County of San Benito, City of Hollister, Sixth Appellate District, Court of Appeals, Case No. H046707.

Name of Case:  Award Homes, Inc. v. County of San Benito, City of Hollister, et. al., Sixth Appellate District, Court of Appeals Case No. H044894)

SBC FILE NUMBER: 235.6

34.

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

35.

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 San Benito v. Sunnyslope County Water District, et al., Case No. CU-20-00068.  

SBC FILE NUMBER: 235.6

REGULAR AGENDA
36.

COUNTY COUNSEL OFFICE - B. THOMPSON 

Urgency Interim Zoning Ordinance Amendment to Rescind Ordinance No. 1016 and Adopt C-1 Combining Zoning for Approximately 21.1 acres at the Northwest Corner of State Route 129 and Searle Road (APN 012-010-021) with future effective date to be determined.  (4/5 Vote Required)

SBC FILE NUMBER: 160

ORDINANCE NO: 1017

37.

COUNTY COUNSEL'S OFFICE - B. THOMPSON 

Approve Amendment  No. 5 to legal services agreement with Renne Public Law Group in the amount not to exceed $30,000.00 for legal representation, for a total contract amount not to exceed $349,500.00 and extend the term of the contract to December 31, 2022.

SBC FILE NUMBER: 160

ADJOURNMENT
Adjourn to the next regular meeting of February 9, 2021.

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.