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

May 10, 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

May 10, 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 (3) minutes.


	CALL TO ORDER


		a.	Pledge of Allegiance


				The Pledge of Allegiance to be led by Supervisor Kollin Kosmicki, District #2.


		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. 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.

The meetings are open to the public, under the following conditions: All Attendees may attend the Board meeting in person and follow the State guidelines. If an attendee is not fully vaccinated it is highly recommended that an attendee wears a face covering or face shield. All attendees must comply with any other rules of procedures/instructions announced by the Board of Supervisors and/or County Staff. 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: 870 8548 2450

Webinar Password: 419207

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 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.

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. Speakers are encouraged to keep your comments, brief and to the point, and not to 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 Proclamation declaring May 2022 as "Community Action Month" in the San Benito County and recognize board members who are serving on the Community Action Board. SBC FILE NUMBER: 156
			BOARD OF SUPERVISOR'S Approve a Proclamation Recognizing May 2022 as Mental Health Month in San Benito County. SBC FILE NUMBER: 810
			BOARD OF SUPERVISOR'S Approve a Proclamation recognizing May 15-21, 2022 as National Public Works Week. SBC FILE NUMBER: 105


		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 – S. LOUPE, ASSISTANT DIRECTOR - PUBLIC WORKS (To be heard at 9:00 AM or as soon thereafter as the matter may be heard) Receive an appeal of the Planning Commission’s February 16, 2022, denial of County Planning file PLN210043, a proposal to install three temporary mobile homes for agricultural workers at 1740 Santa Ana Road (Prater Way) per San Benito County Code §25.25.003(E)(2), and adopt a Board Resolution regarding the appeal. (Continuation from meeting of April 26, 2022.) SBC FILE NUMBER: 790.1 RESOLUTION NO: 2022-48

		2.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Hold a public hearing to implement Inclusionary Housing in-lieu fee in Master fee schedule ordinance. Adopt resolution adopting new in-lieu fees; Accept introduction, waive further reading, and adopt Ordinance entitled "An Ordinance of the San Benito County Board of Supervisors Amending Appendix "A" of Section 5.01.000, the County's Master Fee Schedule to Add An In-Lieu Fee for Affordable Housing" ; and Discuss chapter 21.03 affordable housing regulation and If desired, provide staff direction on changes the board would like to implement if desired. SBC FILE NUMBER: 425 RESOLUTION NO: 2022-51 ORDINANCE NO: 1042


	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 SUPERVISORS Discuss and consider the presented options for authorizing Microenterprise Home Kitchen Operations (MEHKOs) in San Benito County. Discuss and consider the presented options for Food Safety Components to include in the MEHKO Ordinance. Delegate authority to staff to take any necessary actions to implement direction from the board. SBC FILE NUMBER: 156
		4.	HEALTH AND HUMAN SERVICES AGENCY - T. BELTON Provide an update on COVID-19 data, including county and state specific vaccination, hospital, wastewater data and county and state related updates. SBC FILE NUMBER: 130
		5.	RESOURCE MANAGEMENT AGENCY - A. PRADO, ASSISTANT DIRECTOR OF PLANNING AND BUILDING Approve Deed Restriction and Affordable Housing Implementation Plan for Santana Ranch Apartments Phase 1 - 55 units. SBC FILE NUMBER: 790
		6.	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 three (3) minutes to speak for one (1) item or five (5) minutes for two (2) or more items.


		7.	AGRICULTURAL COMMISSIONER - K. OVERSTREET Approve Amendment #1 to State contract, #20-0161; #20-0161-1 to cover additional costs for detection expenses. Expiration date is June 30, 2022. Adding $14,630.00 to the scope of the contract, for a new total contract value of $201,120.00. SBC FILE NUMBER: 1.1
		8.	BOARD OF SUPERVISOR'S Approve three (3) letters opposing Assembly Bill 1608, Assembly Bill1737, and Assembly Bill 1953. SBC FILE NUMBER: 156
		9.	CLERK OF THE BOARD OF SUPERVISOR'S - J. FRECHETTE Approve the action minutes of the April 12, 2022 regular meeting. SBC FILE NUMBER: 119
		10.	COUNTY CLERK/AUDITOR/RECORDER/REGISTRAR OF VOTERS - J.P. GONZALEZ Authorize the Chair of the Board to sign a letter of support for Assembly Bill 2576 to establish the Civic Learning, Outreach, and Engagement Fund for the purpose of reimbursing counties for the costs of complying with voter registration requirements. SBC FILE NUMBER: 285
		11.	COUNTY ADMINISTRATIVE OFFICE - R. ESPINOSA Approve contract with Hazel Hawkins Hospital California Corporation and the County of San Benito for the period of January 1, 2022 through June 30, 2022, in the amount of $50,000.00 for COVID-19 testing services for San Benito County staff. SBC FILE NUMBER: 630
		12.	COUNTY ADMINISTRATION OFFICE - R. ESPINOSA Approve the certification statement regarding the composition of Local Planning Council Membership and delegate authority for chair to sign certification statement. SBC FILE NUMBER: 119
		13.	HEALTH AND HUMAN SERVICES AGENCY- T. BELTON Adopt Resolution accepting the 2021 Low Income Household Water Assistance Program (LIHWAP) grant in the amount of $50,811.00; approve Standard Agreement No. 21Z-9566 with the State of California Department of Community Services and Development for the term of April 1, 2022 through August 31, 2023; and approve the budget adjustment of $19,353.00 for the expenses expected to be realized this current Fiscal Year. (4/5 vote required) SBC FILE NUMBER: 130 RESOLUTION NO: 2022-52
		14.	RESOURCE MANAGEMENT AGENCY – S. LOUPE, ASSISTANT DIRECTOR - PUBLIC WORKS Adopt Board Resolution Certifying County Maintained Road Mileage for the year 2022. SBC FILE NUMBER: 105 RESOLUTION NO: 2022-53
		15.	RESOURCE MANAGEMENT AGENCY – S. LOUPE, ASSISTANT DIRECTOR - PUBLIC WORKS Approve contract with ECS Imaging, Inc. for the Resource Management Agency Document Scanning and Laserfische System, in an amount not to exceed $100,000.00, for the period of July 1, 2022 to June 30, 2023. SBC FILE NUMBER: 105.3
		16.	RESOURCE MANAGEMENT AGENCY – S. LOUPE, ASSISTANT DIRECTOR - PUBLIC WORKS Adopt Specifications and Bid Solicitation of the upcoming Capital Improvement Project- PWB-2112, Project Plans for the Street Repairs at Various Locations, County Service Area (CSA) 9 (Ridgemark), and authorize the advertising for bids. SBC FILE NUMBER: 105
		17.	RESOURCE MANAGEMENT AGENCY – S. LOUPE, ASSISTANT DIRECTOR - PUBLIC WORKS Authorization for Amendment # 1 to existing contract for Jack Davenport Street Sweeping services for CSA 9/Ridgemark to increase fees in accordance to a contract increase equal to $6,536.00 for services provided. SBC FILE NUMBER: 1110
		18.	RESOURCE MANAGEMENT AGENCY - S. LOUPE, ASSISTANT DIRECTOR - PUBLIC WORKS 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: 2022-54
		19.	RESOURCE MANAGEMENT AGENCY – S. LOUPE, ASST. DIRECTOR OF PUBLIC WORKS Adopt Resolution approving property purchase agreement, approving the forms of grant deeds for right of way, a retaining wall easement, and a temporary construction easement for the Union Road Bridge project, authorizing the Interim RMA Director to accept executed grant deeds and easement grants delivered from the San Benito County Water Conservation and Flood Control District, and authorizing payment of $2,500.00 for such purchase. SBC FILE NUMBER: 105 RESOLUTION NO: 2022-55
		20.	TREASURER/TAX COLLECTOR/PA - M. CASILLAS Monthly Treasurer's Portfolio Report for March 2022. The total portfolio as of March 31, 2022 is $269,464,015. The portfolio includes the Wells Fargo operating account, overnight accounts, and the invested pool. The focus of the Treasurer's portfolio is in the following order of 1)safety, 2) liquidity, and 3) return. The Treasurer's guiding policies are from Government Codes 53600 et seq. SBC FILE NUMBER: 685.2


	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.)


		21.	CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (d)(2), (e)(2) of Government Code Section 54956.9 Number of cases:1 Potential of litigation regarding letter from Dr. Gellert dated March 14, 2022 SBC FILE NUMBER: 235.6


	REGULAR AGENDA


		22.	EMERGENCY ITEM ADDED RESOURCE MANAGEMENT AGENCY – S. LOUPE, ASSISTANT DIRECTOR - PUBLIC WORKS Accept $750,000.00 Grant from the State of California for the Riverview Regional Park Accessibility Project and adopt Board Resolution delegating authority to the County Budget Officer to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the project scope. SBC FILE NUMBER: 105 RESOLUTION NO: 2022-56


	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 May 24, 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.