County of San Benito, CA

Ray Espinosa

County Administrative Officer

481 Fourth Street

County Administration Building

Hollister,California 95023

www.cosb.us

Meeting Agenda- POSTED AND FINAL

November 23, 2021 - 9:00 AM

Board of Supervisors

Betsy Dirks

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

Betsy Dirks

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

November 23, 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 Bob Tiffany, District #4.


		b.	Acknowledge Certificate of Posting


			Acknowledge certificate of posting


		c.	NOTICE OF TEMPORARY PROCEDURES FOR BOARD OF SUPERVISOR MEETING

Pursuant to AB 361, and the resolutions adopted thereunder, 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.

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:

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: 993 9328 1338

Webinar Password: 939672

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 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


		e.	Department Head Announcements: Information Only


		f.	Board Announcements: Information Only


		g.	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.


	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) Hold a Public Hearing and introduce and waive the First Reading of the Countywide Edible Food Recovery Ordinance and direct staff to place the Ordinance on the consent calendar for adoption at the January 25, 2021 meeting for the establishment of an Edible Food Recovery Program consistent with Senate Bill 1383. Adopt a Memorandum of Understanding between the Integrated Waste Management Regional Agency Members for the establishment of an Edible Food Recovery Program consistent with Senate Bill 1383. SBC FILE NUMBER: 142 ORDINANCE NO: 1038

		2.	COUNTY CLERK/AUDITOR/RECORDER/REGISTRAR OF VOTERS - J.P. GONZALEZ (To be heard at 10:00 AM or as soon thereafter as the matter may be heard) Public Hearing to review and adopt district boundaries of Supervisorial Districts. SBC FILE NUMBER: 160 ORDINANCE NO: 1039 RESOLUTION: 2021-147


	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.	RESOURCE MANAGEMENT AGENCY – M. CHAMBLESS, INTERIM RMA DIRECTOR Receive presentation from VICO Infrastructure Company on a conceptual proposal for SB 1383 compliance and enter into a Project Development Agreement (PDA) with VICO. SBC FILE NUMBER: 142
		4.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Adopt Resolution to approve Master Tax Agreement for commercial and industrial annexation with the City of Hollister SBC FILE NUMBER: 119 RESOLUTION: 2021-159
		5.	RESOURCE MANAGEMENT AGENCY – M. CHAMBLESS, INTERIM RMA DIRECTOR Receive presentation of the RMA end of the year status presentation. SBC FILE NUMBER: 790
		6.	HEALTH AND HUMAN SERVICES AGENCY - T. BELTON Receive informational presentation by Environmental Health on unpermitted Food Vendors (UFV). SBC FILE NUMBER: 130
		7.	RESOURCE MANAGEMENT AGENCY – M. CHAMBLESS, INTERIM RMA DIRECTOR Discussion on Construction Phasing determination for the Riverview Regional Park and provide staff direction. SBC FILE NUMBER: 93
		8.	COUNTY ADMINISTRATION OFFICE - R ESPINOSA Approve (1) appropriation from non-departmental fund totaling $50,000, for (2) MOU with the Chamber of Commerce Foundation in the amount of $35,750.00, (3) delegation of authority to execute contract with Cal-Coastal SBDC for $5,000.00, and (4) various organizational memberships fees totaling $9,250.00 all promoting local economy to add to the existing Economic Development Division of $100,000 for Economic Development Corporation MOU for FY 21/22. SBC FILE NUMBER: 865
		9.	COUNTY ADMINISTRATION OFFICE - R ESPINOSA Approve to designate General Fund Unallocated Fund Balance in the amount of $250,000.00 for the Ag Commissioner Future Building Concerns as Outlined in a CIP Project submitted during the FY 2021-2022 Budget. SBC FILE NUMBER: 1.1
		10.	BOARD OF SUPERVISOR'S Receive update and reports from members of the Board of Supervisors regarding Committee assignments and Ad Hoc Committees. 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.


		11.	COUNTY ADMINISTRATION OFFICE – R. ESPINOSA Adopt proposed resolution authorizing teleconferencing options for meetings of the Board of Supervisors for the period of November 23, 2021 through December 23, 2021, pursuant to AB 361. SBC FILE NUMBER: 119 RESOLUTION NO: 2021-148
		12.	COUNTY ADMINISTRATION OFFICE- R.ESPINOSA Approve the amount of $106.09 to purchase a 9x12 plaque with gavel and County seal for the outgoing Board of Supervisor Chair for the year of 2021. SBC FILE NUMBER: 119
		13.	COUNTY CLERK/AUDITOR/RECORDER/REGISTRAR OF VOTERS - J.P. GONZALEZ Adopt Resolution accepting the certified Statement of Election Results for the November 02, 2021 Special Municipal Election, Council Member District 3. SBC FILE NUMBER: 285 RESOLUTION NO: 2021-149
		14.	HEALTH AND HUMAN SERVICES AGENCY- T. BELTON Adopt Resolution accepting the 2022 Community Services Block Grant (CSBG) and approving Standard Agreement #22F-5034 in the amount of $275,298.00, and authorizing the Director or Deputy Director to execute agreement. SBC FILE NUMBER: 130 RESOLUTION NO.: 2021-150
		15.	HEALTH AND HUMAN SERVICES AGENCY - T. BELTON Approve the License Agreement between the County of San Benito and the Department of Housing and Community Development authorizing the limited use of the San Benito County Migrant Center as a Family Winter Shelter Program during the period of December 13, 2021 through March 16, 2022. SBC FILE NUMBER: 130
		16.	HEALTH AND HUMAN SERVICES AGENCY- T. BELTON Approve the appointment of Mr. Scott Reese to the Workforce Development Board (WDB) as a Public Sector representative for a three-year term effective October 12, 2021 through October, 12 2024. SBC FILE NUMBER: 130
		17.	HUMAN RESOURCES - E. NOLASCO Adopt Resolution, approving side letter with the County of San Benito and Institutions Association (SBCIA) modifying Article 8, Compensation of the SBCIA MOU; Authorize the County Administrative Officer and County Auditor to take the necessary administrative actions appropriate to effectuate the purpose and intent of this action; Authorize the County Administrative Officer and/or his/her designee to make any technical edits as later identified. SBC FILE NUMBER: 630 RESOLUTION NO: 2021-151
		18.	HUMAN RESOURCES - E. NOLASCO Adopt a Resolution approving the wages, hours benefits and other terms and conditions of employment for the County's specified Unrepresented employees (Confidential, Confidential Management and Unrepresented); Authorize the County Administrative Officer and County Auditor to take the necessary administrative actions appropriate to effectuate the purpose and intent of this action; Authorize the County Administrative Officer and/or his/her designee to make any technical edits as later identified. SBC FILE NUMBER: 630 RESOLUTION NO: 2021-152
		19.	HUMAN RESOURCES- E. NOLASCO Adopt a resolution approving the wages, hours benefits and other terms and conditions of employment for the County's Elected Department Heads; Authorize the County Administrative Officer and County Auditor to take the necessary administrative actions appropriate to effectuate the purpose of intent of this Action; Authorize the County Administrative Officer and/or his/her designee to make any technical edits as later identified. SBC FILE NUMBER: 630 RESOLUTION NO: 2021-153
		20.	HUMAN RESOURCES - E. NOLASCO Adopt a resolution approving the wages, hours benefits and other terms and conditions of employment for the County's Appointed Department Heads; Authorize the County Administrative Officer and County Auditor to take the necessary administrative actions appropriate to effectuate the purpose of intent of this Action; Authorize the County Administrative Officer and/or his/her designee to make any technical edits as later identified. SBC FILE NUMBER: 630 RESOLUTION NO: 2021-154
		21.	HUMAN RESOURCES - E. NOLASCO Adopt a resolution approving the new collective bargaining agreement between the County of San Benito and Management Employees Group (MEG). SBC FILE NUMBER: 630 RESOLUTION NO: 2021-155
		22.	HUMAN RESOURCES- E. NOLASCO Receive the 2021 San Benito County Holiday Closure Schedule for all Departments; adopt a Resolution of the San Benito County Board of Supervisors authorizing the hours of operation during December 2021 for holiday closure period; Exhibit "A" provides the 2021 Holiday closure schedule for all the County departments. SBC FILE NUMBER: 630 RESOLUTION: 2021-156
		23.	PROBATION DEPARTMENT - J. FRONTELLA, JR. Authorize the appropriation of the Community Corrections Partnership (CCP) AB 109 Funding as agreed and voted upon by the San Benito County Community Corrections Partnership Executive Committee (CCP-EX); approve budget adjustment/transfer in the amount of $15,250.00. (4/5 Vote Required.) SBC FILE NUMBER: 510
		24.	PROBATION DEPARTMENT - J. FRONTELLA, JR. Approve the SB 823 Department of Juvenile Justice (DJJ) Realignment funding budget Adjustment/Transfer in the amount of $250,000.00. (4/5 Vote Required.) SBC FILE NUMBER: 510
		25.	RESOURCE MANAGEMENT AGENCY- M. CHAMBLESS, INTERIM RMA DIRECTOR Approve an amendment to the contract with Biggs Cardosa Associates, Inc. to perform additional services for the design of the Rosa Morada Road Bridge Replacement project at Arroyo Dos Picachos, for an additional amount not to exceed $231,050.00, and approve a budget adjustment in the amount of $231,050.00 from Caltrans REIMB Grant & RSTP Matching Funds to Road Construction Costs. The scope of services includes additional utilities coordination and associated construction document work, coordination and construction document work pertaining to environmental permitting and mitigation planting, and construction support services. (4/5 vote required) SBC FILE NUMBER: 105
		26.	RESOURCE MANAGEMENT AGENCY – M. CHAMBLESS, INTERIM RMA DIRECTOR Approve EMC Planning Group EIR Contract Amendment No. 3. for Ridgemark Master Plan PLN170008 to add services by the contractor and its subcontractors to provide updated analysis related to project changes, including 38 affordable housing units, a changed intersection, and clarification to the project’s commercial component. SBC FILE NUMBER: 790
		27.	RESOURCE MANAGEMENT AGENCY – M. CHAMBLESS, INTERIM RMA DIRECTOR Approve a conservation easement deed as satisfaction of an environmental mitigation condition of approval following Planning Commission approval of County Planning file PLN190063, the Zink 3030 Lemmon Court minor subdivision/tentative parcel map. SBC FILE NUMBER: 790
		28.	RESOURCE MANAGEMENT AGENCY – M. CHAMBLESS, INTERIM RMA DIRECTOR Approve change order authorization for RMA Director in the amount of $125,978.56 or approximately 2.1% of the contract total for the construction of the new Behavioral Health Center pre-engineered building. (4/5 Vote required) SBC FILE NUMBER: 105.3
		29.	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: 2021-158


	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.)


		30.	CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code section 54956.9, subds. (a) and (d)(1). Number of Cases: 2 Name of Case: County of San Benito v. Sunnyslope County Water District, Superior Court of California, County of San Benito, Case No. CU-20-00068. Name of Case: Western Resources Legal Center v. San Benito County, Superior Court of California, County of San Benito, Case No. CU-21-00204 SBC FILE NUMBER: 235.6
		31.	CLOSED SESSION-CONFERENCE WITH LABOR NEGOTIATORS 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 Management 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


	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 December 14, 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.