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 meetings are open to the public, under the following conditions: All Attendees must comply and wear a face covering if not fully vaccinated and show proof. If providing proof attendees will not need to wear a face covering. If you are exempt from the state face covering guidance or not fully vaccinated you will be required to wear a face shield which will be provided to attend the Board meeting; All attendees must comply with any other rules of procedures/instructions announced by the Board of Supervisors and/or County Staff. Any violations of the above may result in the Board of Supervisors or the Chair closing the meeting, effective immediately, or clearing the room, as well as other enforcement actions. The meeting will be available through Zoom and YouTube for those who wish to join or require accommodations with the instructions below:

September 28, 2021 - 9:00 AM

Board of Supervisors

VACANT

District No. 1

Kollin Kosmicki

District No. 2

Peter Hernandez

District No. 3

Bob Tiffany

Vice-Chair

District No. 4

Bea Gonzales
Chair

District No. 5

SAN BENITO COUNTY

BOARD OF SUPERVISORS

VACANT

District No. 1

Kollin Kosmicki

District No. 2

Peter Hernandez

District No. 3

Bob Tiffany

District No. 4

Vice-Chair

Bea Gonzales

District No. 5
Chair

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

REGULAR MEETING AGENDA - POSTED AND FINAL - The meetings are open to the public, under the following conditions: All Attendees must comply and wear a face covering if not fully vaccinated and show proof. If providing proof attendees will not need to wear a face covering. If you are exempt from the state face covering guidance or not fully vaccinated you will be required to wear a face shield which will be provided to attend the Board meeting; All attendees must comply with any other rules of procedures/instructions announced by the Board of Supervisors and/or County Staff. Any violations of the above may result in the Board of Supervisors or the Chair closing the meeting, effective immediately, or clearing the room, as well as other enforcement actions. The meeting will be available through Zoom and YouTube for those who wish to join or require accommodations with the instructions below:

September 28, 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 (2) 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


			Acknowledge 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, 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. Public in-person attendance following the CDPH face covering guidelines; per instructions listed below.

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

Webinar ID: 935 5415 7037

Webinar Password: 273215

3. In the event the meeting is continued to another date, the same webinar and password will be used.

4. Remote live stream on CMAP YouTube channel and the County's Social Media Page. (If available for the meeting).

Public Attendance in Person: at the Board of Supervisors Chambers: 481 4^th St, Hollister, CA, 95023.

For the safety of public and County employees, please note the following. As of April 20, 2021, the Board of Supervisor's meeting will be open to the public, following the conditions listed below:

A. All attendees must comply with the June 15, 2021, or any subsequently issued, California Department of Public Health face covering requirements, found at:

https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face-coverings.aspx; and,

B. All attendees must wear a face covering if not fully vaccinated as defined by CDPH (*fully vaccinated: two weeks after completing the second dose of a two-dose COVID-19 vaccine (e.g., Pfizer-BioNTech or Moderna) or two weeks after receiving a single dose of a one-dose COVID-19 vaccine (e.g., Johnson & Johnson/Janssen). If you are exempt from the state face covering guidance and not fully vaccinated, you will be required to wear a face shield which will be provided to attend the Board meeting. Attendee may show proof of vaccination, the attendee may be excused from the face covering requirement if they have met the fully vaccinated definition.

C. Due to changing conditions statewide, the Chair or the Board may modify the above requirements for any future Board meeting.

D. All attendees must comply with any other rules of procedure/instructions announced by the Chair.

Participating by Zoom:

Three ways to attend Zoom meetings: on a web browser, through 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. Zoom regularly provides new versions of the Zoom desktop client and Zoom mobile app to release new security features and fix bugs. To ensure you can join the meeting and participate through public comment, please launch the web address to download the Zoom application: https://zoom.us/support/download. Furthermore, we recommend upgrading to the latest version of Zoom once it is available. Please visit https://support.zoom.us/hc/en-us/articles/201362233-Upgrade-update-to-the-latest-version to ensure you have the newest Zoom update.

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 two (2) 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.

FAILURE TO COMPLY WITH THE ABOVE GUIDELINES:

1. The individual may be asked to leave the Board Chambers.

2. The Chair may call a recess of the Board of Supervisors meeting.

3. If the recess does not result in the individual complying with the above requirements or leaving the meeting, the Board of Supervisors may close the meeting to the public and resume the meeting exclusively through Zoom and phone-in participation, at any point during the meeting.

Alternatively, the Board Chair and the Board may take other action as they deem necessary for the orderly conduct of the meeting.

Further, the meeting may be closed to the public at any time while Executive Order N 29-20 or AB 361 remains in effect, by order of the Chair, the CAO or the Board of Supervisors.

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


		d.	Presentations and Recognitions


			BOARD OF SUPERVISOR'S Accept donation of San Benito County Seal carved in wood and Present Certificate of Appreciation to Valerie Egland. SBC FILE NUMBER: 156
			BOARD OF SUPERVISOR'S Accept donation of embroidered flags from Rustic Turtle Embroidery and flowers from A&R Doors for Lives Lost to COVID-19 Tribute. Present Certificate of Appreciation to both. SBC FILE NUMBER: 156
			BEHAVIORAL HEALTH - A. YAMAMOTO Approve Proclamation to Declare the Month of October 2021 as the Behavioral Health Department’s 33rd Annual Red Ribbon Month. SBC FILE NUMBER: 810


		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


	PUBLIC HEARING


		1.	RESOURCE MANAGEMENT AGENCY – M. CHAMBLESS, INTERIM RMA DIRECTOR (To be heard at 9:00 AM or as soon thereafter as the matter may be heard) Home Occupation and Rural Home Enterprise Ordinance Amendments-Proposed amendments include repeal existing sections 25.29.090 to 25.29.104 in their entirety and replace with the following. SBC FILE NUMBER: 790 ORDINANCE NO: 1034

		2.	RESOURCE MANAGEMENT AGENCY - M. CHAMBLESS, INTERIM RMA DIRECTOR (To be heard at 9:00 AM or as soon thereafter as the matter may be heard) Receive and consider Planning Commission Recommendation and Conduct Public Hearing for the Adoption of Amendments to San Benito County Code Cannabis Regulations to Simplify and Streamline Applications and Permit Outdoor Cultivation Outside Exclusion Zone SBC FILE NUMBER: 790 ORDINANCE NO: 1036


	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.


		3.	BOARD OF SUPERVISOR'S Receive an overview presentation of the current County Travel Policy. Discuss and consider amending San Benito County's Travel policy, Section V (5) MEAL EXPENSES. Provide staff direction to bring back a resolution approving an amendment to Section V (5) MEAL EXPENSES and any other sections if desired. SBC FILE NUMBER: 156
		4.	RESOURCE MANAGEMENT AGENCY - M. CHAMBLESS, INTERIM DIRECTOR Receive an update from the Resource Management Agency regarding the status of the development potential of the Commercial Nodes. SBC FILE NUMBER: 790
		5.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Receive presentation on Community-Based Organizations (CBOs), county fund allocation process, and approve non-competitive fund distribution to the Community-Based Organizations (CBOs) of funding approved in the FY 21/22 Approved Budget for the period of July 1, 2021 to June 30, 2022 in the total amount of $80,000.00. SBC FILE NUMBER: 865
		6.	BOARD OF SUPERVISOR'S Receive an update and reports from members of the Board of Supervisors regarding Committee assignments and Ad Hoc Committees. Discuss appointment options for Board appointees for the Planning Commission, Park's and Recreation Commission, and the Community Action Board and provide direction to staff if desired. SBC FILE NUMBER: 156


	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 they will have two (2) minutes to speak for one (1) item or five (5) minutes for two (2) or more items.


		7.	AGRICULTURAL COMMISSIONER- K. OVERSTREET Approve State contract, 21-0421-012-SF, for Light Brown Apple Moth regulatory activities, from July 1, 2021 through December 31, 2021 for a total contract amount $9,218.47. SBC FILE NUMBER: 1.1
		8.	BOARD OF SUPERVISOR'S Approve appointments of Bill Proulx, Georgina Alvarez, and Philip Geiger to the Long-Term Care Commission for the term beginning September 24, 2021 through January 1, 2024. SBC FILE NUMBER: 156
		9.	BOARD OF SUPERVISOR'S Approve appointment of Richard A. Way, Jr. to the Planning Commission, District #2 for the term beginning September 28, 2021 through January 1, 2025. SBC FILE NUMBER: 156
		10.	CLERK OF THE BOARD OF SUPERVISOR'S - J. FRECHETTE Approve the action minutes of the August 24, 2021 regular meeting, August 25, 2021 special meeting, and the August 31, 2021 special meeting. SBC FILE NUMBER: 119
		11.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Approve Contract with the Regents of the University of California's Division of Agriculture for office assistance in the amount of $48,510.00 for FY 21-22, to provide local programming, such as 4-H Youth Development, through the UC Cooperative Extension (UCCE). SBC FILE NUMBER: 3
		12.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Adopt resolution approving the Chairperson to execute the Golden State Finance Authority (GSFA), a JPA of which San Benito County is a member, to execute the Golden State connect authority joint exercise of powers agreement for the purpose of expanding broadband access and quality in rural counties. FILE NUMBER: 119 RESOLUTION NO: 2021-120
		13.	COUNTY CLERK/AUDITOR/RECORDER/ELECTION - J.P. GONZALEZ Adopt Resolution Levying Taxes and Direct Assessments for Fiscal Year 2021-2022. SBC FILE NUMBER: 608 RESOLUTION NO: 2021-121
		14.	DISTRICT ATTORNEY - C. HOOPER Approve grant funds from California Office of Emergency Services (CalOES) in the amount of $139,054.00 for the CalOES County Victim Services Program (XC Grant) for the time period of January 1, 2021 through December 31, 2021. Funds will be used for providing victims of violent crime with mandatory and optional services. SBC FILE NUMBER: 165
		15.	HEALTH AND HUMAN SERVICES AGENCY- T. BELTON Accept FY 2021-22 Immunization Funding Allocation for $731,746.00 and authorize a 2021-2022 budget adjustment and authorize the HHSA Director to sign the amendment to CDPH Standard Grant Agreement No. 17-10342 A02 once it is received to include the additional funding and any subsequent amendments related to this agreement that do not require a budget adjustment. (4/5 vote required) SBC FILE NUMBER: 130
		16.	HEALTH AND HUMAN SERVICES AGENCY- T. BELTON Adopt Resolution accepting the 2021 Low Income Home Energy Assistance Program (LIHEAP) American Rescue Plan Act (ARPA) which is funded under the American Rescue Plan Act (ARPA) grant in the amount of $409,096.00 and approving Standard Agreement No. 21V-5578 with the State of California Department of Community Services and Development for the term of August 1, 2021 through March 31, 2023; and approve the budget adjustment. (4/5 vote required) SBC FILE NUMBER: 130 RESOLUTION NO: 2021-122
		17.	HEALTH AND HUMAN SERVICES AGENCY - T. BELTON Approve and Authorize the Chair to Sign Contract Amendment #1 with Community Homeless Solutions (CHS) in the amount of $500,000.00 for the period of July 1, 2021 through June 30, 2022. SBC FILE NUMBER: 130
		18.	HEALTH AND HUMAN SERVICES AGENCY- T. BELTON Adopt Resolution appointing Dr. George Gellert as the County Public Health Officer and waive the registered voter requirements of Government Code Section 24001 finding that waiver is in the best interest of the County to prevent an interruption of essential services. Approve title changes with the corresponding salaries. Delegate authority to the Health & Human Services Agency Director to offer employment within the new established salary range for the Public Health Officer and Deputy Public Health Officer/EMS Medical Director – Extra Help. SBC FILE NUMBER: 130 RESOLUTION NO: 2021-123
		19.	RESOURCE MANAGEMENT AGENCY – M. CHAMBLESS, INTERIM RMA DIRECTOR Approve ongoing account with the City of Hollister to supply water to the Veteran’s Memorial Park for an amount not to exceed $30,000.00 until repairs to the County's well are completed, and approve a Budget Adjustment not to exceed $30,000.00. (4/5 vote required) SBC FILE NUMBER: 93
		20.	RESOURCE MANAGEMENT AGENCY – M. CHAMBLESS, INTERIM RMA DIRECTOR Adopt resolution approving the submittal of a grant application for up to $3 million dollars Prop 68 Funds for the construction of Riverview Regional Park. SBC FILE NUMBER: 93 RESOLUTION NO: 2021-124
		21.	RESOURCE MANAGEMENT AGENCY - M. CHAMBLESS, INTERIM RMA DIRECTOR Adopt recommended decision of hearing officer regarding code violations at 2594 Los Viboras Road. SBC FILE NUMBER: 790.3 RESOLUTION NO: 2021-125
		22.	RESOURCE MANAGEMENT AGENCY - M. CHAMBLESS, INTERIM RMA DIRECTOR Adopt continuing Resolution confirming the RMA Director's authority to enter into emergency repair and replacement contracts to remediate a local emergency, pursuant to Public Contracts Code Section 22050, without adoption of plans and specifications or competitive bidding; finding that there is a need to continue emergency action; and finding emergency repair and replacement work exempt from CEQA under CEQA Guidelines Section 15269(d), as emergency projects within the rights of way of existing County and State highways damaged by flooding and storm events. No new costs are being incurred or authorized by this action. (4/5 vote required) SBC FILE NUMBER: 75.5 RESOLUTION NO: 2021-126
		23.	RESOURCE MANAGEMENT AGENCY – M. CHAMBLESS, INTERIM RMA DIRECTOR Approve a two-year contract with Sharps Solutions for Regional Agency sharps collection programming, in an amount not to exceed $40,000.00 for two years (County portion $12,600.00 for two years and $6,300.00 for one year - contingent on approval from all members of the JPA). SBC FILE NUMBER: 142
		24.	RESOURCE MANAGEMENT AGENCY- M.CHAMBLESS, INTERIM RMA DIRECTOR Ratification of provisionally approved escrow instructions securing agricultural mitigation fee required by the certified EIR and Conditions of Approval for Subdivision TSM-15-94 (Promontory/Bluffs), and authorize Michael Chambless to approve escrow holdback agreement, subject to County Counsel approval. SBC FILE NUMBER: 790


	PUBLIC HEARING


	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 LABOR NEGOTIATIORS Agency designated representatives: Dania Torres-Wong, Michael McDougall, Ray Espinosa, Edgar Nolasco, Gabriel Orozco, Barbara Thompson and Elvia Barocio Employee Organizations: Institutions Association Law Enforcement Managment Management Employees' Group SEIU Local 521 (General Unit Employees) Deputy Sheriff's Association Confidential Employees Confidential Management Employees Appointed Department Heads Unrepresented Employees SEIU Local 2015 (In-Home Supportive Services) Authority: California Government Code Section 54957.6
		26.	CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (d)(2), (e)(5) of Government Code Section 54956.9 Number of cases:1 Potential of litigation as a result of oral threat of legal action regarding public health guidance for Fire Department as memorialized by the email September 20, 2021. SBC FILE NUMBER: 235.6


	FUTURE AGENDA ITEMS


	Opportunity for Board members to request items to be placed on the next agenda for discussion.


	ADJOURNMENT


	Adjourn to the next regular meeting of October 12, 2021.

NOTE: A copy of this Agenda is published, along with supportive documents, on the County's Web site on the Wednesday 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.