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 - The attendance at the Meeting is Closed to the Public. The public may join meeting by Zoom: https://zoom.us/join per instructions stated below:

February 8, 2022 - 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 - The attendance at the Meeting is Closed to the Public. The public may join meeting by Zoom: https://zoom.us/join per instructions stated below:

February 8, 2022

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

MEETING CLOSED TO THE PUBLIC UNTIL FURTHER ACTION

OF THE BOARD OF SUPERVISORS

Pursuant to AB 361, and the resolutions adopted thereunder, relating to the convening of public meetings in response to the COVID-19 pandemic, and pursuant to the recommendation from Dr. Gellert dated January 5, 2022, 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.

The meetings are closed to the public. 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. Through Zoom (https://zoom.us/join) per the instruction stated below, and other methods as described further below; and

Webinar ID: 847 3325 3452

Webinar Password: 902462

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

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

For the safety of public and County employees, please note the following. :

THIS MEETING IS CLOSED TO THE PUBLIC UNTIL FURTHER ACTION OF THE BOARD OF SUPERVISORS.

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.

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 Approve a Proclamation establishing February 2022 as Grand Jury Awareness Month in San Benito County. SBC FILE NUMBER: 156
			BOARD OF SUPERVISOR'S Receive State of the County Address from the Chair of the Board of Supervisors. SBC FILE NUMBER: 156


		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.


	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.


		1.	COUNTY ADMINISTRATION OFFICE- R. ESPINOSA Accept presentation from the San Benito County Water District regarding the drought and status in San Benito County. SBC FILE NUMBER: 119
		2.	BOARD OF SUPERVISOR'S Receive informational presentation from San Benito High School District team on proposed plans for a second high school. SBC FILE NUMBER: 156
		3.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Discussion on the potential of proceeding with a Transaction and Use Tax (TUTs) measures in the November 2022 Election and provide staff direction to include but not limited to: Amount of Transaction Tax, General or Special Tax, Term/Length, and Polling. SBC FILE NUMBER: 119
		4.	RESOURCE MANAGEMENT AGENCY – M. CHAMBLESS Home Occupation and Rural Home Enterprise Ordinance presentation on proposed amendment options on limited retail in Home Occupation and additional presentation from Environmental Health on Cottage Food Operation permits per the Boards direction. SBC FILE NUMBER: 790
		5.	COUNTY ADMINISTRATION OFFICE - R ESPINOSA Receive report from the County Administration Office regarding 2nd quarter update on the budget for the Fiscal Year 2021-2022. SBC FILE NUMBER: 865
		6.	BOARD OF SUPERVISOR'S Receive update and reports from members of the Board of Supervisors regarding Committee assignments and Ad Hoc Committees. Delegate the California Microbusiness Grant Oversight to the Economic Development Committee and or provide staff direction. 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.	ASSESSOR'S OFFICE - T. SLAVICH Approve Budget Adjustment in the amount of $47,335,00 to Fixed Assets Equipment other than Computer for the Purchase of a Phone System, by the Assessor's Office (4/5 Vote Require). SBC FILE NUMBER: 865
		8.	BEHAVIORAL HEALTH - A. YAMAMOTO Approve amendment to Existing Contract w/ Approval #17-94606 A-01 with the Dept. of Health Care Services for the provision of Specialty Mental Health Services for the County Behavioral Health Managed Care MH Plan component of county services. SBC FILE NUMBER: 810 RESOLUTION NO: 2022-18
		9.	BOARD OF SUPERVISOR'S Approve the creation of an ad hoc committee to review the Landfill Operating Agreement and potentially engage in negotiations to modify the Operating Agreement, and appoint Supervisor Gonzales and Supervisor Kosmicki. SBC FILE NUMBER: 156
		10.	CLERK OF THE BOARD OF SUPERVISOR'S - J. FRECHETTE Approve the action minutes of the November 23, 2021 regular meeting, and December 14, 2021 regular meeting. SBC FILE NUMBER: 119
		11.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Approve contract amendment No. 4 with Ray Espinosa for services as County Administrative Officer. SBC FILE NUMBER: 119
		12.	HEALTH AND HUMAN SERVICES AGENCY - T. BELTON Accept California Department of Public Health (CDPH) Tobacco Control Program (TCP) Allocation of $150,000.00 for Quarter 3 and 4 of FY 21/22 and $300,000.00 annually for FY 22/23, FY 23/24 and FY 24/25 (totaling $1,050,000.00) and authorize the HHSA Director to sign the Allocation Agreement and Prospective Payment Invoices on behalf of the County and any amendments or other documents related to that agreement. SBC FILE NUMBER: 130
		13.	HUMAN RESOURCES - E. NOLASCO Adopt a resolution approving the new collective bargaining agreement between the County of San Benito and San Benito Deputy Sheriff’s Association. SBC FILE NUMBER: 630 RESOLUTION NO: 2022-17
		14.	PROBATION DEPARTMENT - J. FRONTELLA, JR. Approve reclassification of 1.0 FTE Office Assistant to 1.0 FTE Secretary I/II. Authorize the Probation Department to alternatively staff the positions as appropriate and direct staff to amend the Schedule of Approved Position Allocation that reflects the alternatively staff position changes. SBC FILE NUMBER: 510
		15.	RESOURCE MANAGEMENT AGENCY – M. CHAMBLESS Approve amendment #3 with Grassetti Environmental Consulting and approve a Budget Adjustment for $46,090.00 (reimbursed by Waste Solutions Group) to complete the County’s independent review of the Environmental Impact Report (EIR) and all related documents for the John Smith Road Landfill Expansion for compliance with the California Environmental Quality Act (CEQA) statutes. (4/5 vote required) SBC FILE NUMBER: 142
		16.	RESOURCE MANAGEMENT AGENCY – M. CHAMBLESS Accept direction from the Board related to amended Water Allotments within County Service Area No. 31 (Stonegate) for the close of the 2021-2022 Water Year ending March 1, 2022 and taking other related action. SBC FILE NUMBER: 105.3
		17.	RESOURCE MANAGEMENT AGENCY – M. CHAMBLESS Adopt Resolution approving Right of Way Agreement and accepting Grant Deed and Grant of Easements for Right of Way and Temporary Construction Easements for the Limekiln Road Bridge project, and authorizing payment of $34,400.00 for the property interests acquired from Farming Nuts, LLC. SBC FILE NUMBER: 105 RESOLUTION NO: 2022-12
		18.	RESOURCE MANAGEMENT AGENCY – M. CHAMBLESS Adopt Resolution ratifying the emergency repairs to the break of the agricultural water line for Stonegate CSA 31 occurring on November 29, 2021, authorizing payment of the invoice from Brigantino Irrigation, Inc. in the amount of $4,905.90, without adoption of plans and specifications or competitive bidding, finding that the emergency action was required to remediate an emergency, and finding that the emergency repair is categorically exempt from the California Environmental Quality Act (CEQA). (4/5 vote required.) SBC FILE NUMBER: 105.3 RESOLUTION NO: 2022- 13
		19.	RESOURCE MANAGEMENT AGENCY – M. CHAMBLESS Adopt Resolution ratifying the emergency repairs to the break of the domestic water line for Stonegate CSA 31 occurring on December 24, 2021, authorizing payment of the invoice from Brigantino Irrigation, Inc. in the amount of $7,796.26, without adoption of plans and specifications or competitive bidding, finding that the emergency action was required to remediate an emergency, and finding that the emergency repair is categorically exempt from the California Environmental Quality Act (CEQA). (4/5 vote required). SBC FILE NUMBER: 105.3 RESOLUTION NO: 2022-14
		20.	RESOURCE MANAGEMENT AGENCY - M. CHAMBLESS 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: 2022-15
		21.	RESOURCE MANAGEMENT AGENCY – M. CHAMBLESS Adopt revised resolution of San Benito County Resource Management Agency authorizing the application and acceptance of grant funds for the non-traditional Section 6 (FY 2021) San Benito County Conservation Plan. SBC FILE NUMBER: 790 RESOLUTION NO: 2022-16
		22.	SHERIFF'S DEPARTMENT- E.TAYLOR Approve reclassification of 1.0 FTE Deputy Sheriff to 1.0 FTE Sheriff's Sergeant and direct staff to amend the Schedule of Approved Position Allocations to reflect this change. SBC FILE NUMBER: 110


	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.)


		23.	CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL Closed session regarding pending litigation Gov. Code sec. 54956.9 (a) Western Resources Legal Center vs. San Benito County, San Benito Superior Court Case No. CU-21-00204. 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 February 22, 2022.

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.