County of San Benito, CA

Ray Espinosa

County Administrative Officer

481 Fourth Street

County Administration Building

Hollister, California 95023

www.cosb.us


San Benito Logo

 
Meeting Agenda - POSTED AND FINAL
November 26, 2024 - 9:00 AM
 
Board of Supervisors
Dom Zanger
Kollin Kosmicki
Mindy Sotelo - Vice Chair
Angela Curro - Chair
Bea Gonzales
 
San Benito Logo


SAN BENITO COUNTY
BOARD OF SUPERVISORS

 

Dom Zanger
District No. 1
Kollin Kosmicki
District No. 2
Mindy Sotelo
District No. 3
Vice-Chair
Angela Curro
District No. 4
Chair
Bea Gonzales
District No. 5
 

Board of Supervisors Chambers 481 Fourth Street, Hollister, CA 95023
BOARD OF SUPERVISORS - REGULAR MEETING - POSTED AND FINAL
NOVEMBER 26, 2024
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.

Levine Act - Campaign Contributions (Government Code Section 84308)


As of January 1, 2023, the Levine Act (Government Code Section 84308) applies to Board of Supervisors proceedings involving a license, permit, or other entitlement for use.

Pursuant to Government Code Section 84308, no Board Member shall accept, solicit, or direct a contribution of more than $250 from any party or their agent, or from any participant or their agent, while a proceeding involving a license, permit, or other entitlement for use is pending before the County or for 12 months after a final decision is rendered in that proceeding. Any Board Member who has received a contribution of more than $250 within the preceding 12 months from a party or their agent, or from a participant or their agent, shall disclose that fact on the record of the proceeding and shall not make, participate in making, or in any way attempt to use their official position to influence the decision.

Pursuant to Government Code Section 84308(d), any party to a covered proceeding before the Board is required, and any participant to such a proceeding is strongly urged, to disclose on the record of the proceeding any contribution, including aggregated contributions, of more than $250 made within the preceding 12 months by them or their agent to any Board Member. The disclosure must include the name of the party or participant and any other person making the contribution, if any; the name of the recipient; the amount of the contribution; and the date the contribution was made. The disclosure shall occur in the manner required under Government Code Section 84308 and any applicable state or local regulations, opinions, or policies. No party or their agent, and no participant or their agent, shall make a contribution of more than $250 to any Board Member during the proceeding or for 12 months after a final decision is rendered in that proceeding.

The foregoing statements do not constitute legal advice, and parties and participants are urged to consult with their own legal counsel regarding the requirements of the law. 

CALL TO ORDER


The meeting will be available through Zoom, YouTube, and Peak Agenda for those who wish to join or require accommodations.

Members of the public may participate remotely via zoom at the following link https://zoom.us/join with the following Webinar ID and Password: 
                                                    Webinar ID: 891 2335 9981
                                                    Webinar Password: 720948
 
Those participating by phone who would like to make a comment can use the “raise hand” feature by dialing “*9”. In order to receive the full zoom experience, please make sure your application is up to date.

This Board of Supervisors meeting is open to the public. Staff and members of the public may observe the meeting remotely using the instructions listed under Call to Order. Remote viewing of the meeting via Zoom is provided to members of the public as a courtesy. If the Zoom connection malfunctions for any reason and no Board members are attending via teleconference, the Board of Supervisors will continue the public meeting in Chambers without remote access.

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
C.   Peak Agenda Page: https://cosb.granicus.com/ViewPublisher.php?view_id=1

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 VDelgado@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.  If there are more than 10 speakers on any given item, speakers will be given (2) minutes to speak to be able to give everyone an opportunity to speak.
         E.  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 Vanessa Delgado, at (831) 636-4000, Ext. 13 or email VDelgado@cosb.us

a. Pledge of Allegiance


 

The Pledge of Allegiance to be led by Supervisor Dom Zanger District #1.

 
 

b. Acknowledge Certificate of Posting


 

Acknowledge Certificate of Posting

 
 
Cert. of Posting Regular Mtg. 11.26.24

c. Presentations and Recognitions


 

BOARD OF SUPERVISORS
Approve Proclamation supporting the Dolly Parton Imagination Library program we have started in San Benito County.
SBC FILE NUMBER: 156

 
 
Dolly Parton Imagination Program 2024

d. Department Head Announcements: Information Only


e. Board Announcements: Committee Updates


f. 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.


1.

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.

 
1.1

ASSESSOR'S OFFICE - T. SLAVICH
Adopt Resolutions establishing Agricultural Preserves and approve Land Conservation Act Contracts for D & D Brigantino Family Limited Partnership / Michael D. Brigantino / and Giovanina D. McNealy; and authorize Chair to sign the Resolutions and LCA Contracts.
SBC FILE NUMBER:7
RESOLUTION NO.: 2024-141, 2024-142, and 2024-143

 
 
Board Resolution & LCA Contract (D&D Brigantino Family Partnership)
Board Resolution & LCA Contract (Michael D. Brigantino)
Board Resolution & LCA Contract (Giovanina D. McNealy)
1.2

AUDITOR'S OFFICE - J.P. GONZALEZ
Adopt Resolution approving Cash Handling policy and guidelines, Petty Cash and Cash Fund policy and procedures, and associated forms for use by departments with revolving funds, establish revolving funds for petty cash and change funds for use of designated Departments; and authorize the Chair to sign the Resolution.
SBC FILE NUMBER: 608
RESOLUTION NO.: 2024-144

 
 
Board Resolution Establishing Revolving Funds for Petty Cash & Change Funds
County of San Benito Cash Handling Policy and Guidelines (2024)
Petty Cash & Change Fund Policy (2024)
1.3

BOARD OF SUPERVISORS
Approve the elimination of the Communications Infrastructure, Public Defender, Santana Ranch, and Board and Procedures Ad Hocs and continue the 150th Anniversary until February 2025, the Financial Ad Hoc until December 2024, the Drought and Water until April 2025, the Sanitary Solutions Option until February 2025, and the Cannabis Ordinance until December 2024, and put the Health Care/Hazel Hawkins Hospital Ad Hoc on hold, per the recommendation of the ad hoc committees.
SBC FILE NUMBER: 156

 
 
Ad Hoc Committees Review 2024
AD HOC Committee List
San Benito County Risk Assessment
1.4

BOARD OF SUPERVISORS
Approve appointments of Jill Glass Pagaran with Spirit of San Juan Bautista as a primary and Heidi Balz as the alternate and Brenda Weatherly from the Economic Development Corporation to the Economic Advisory Committee for the term of November 13, 2024 through November 13, 2026.
SBC FILE NUMBER: 156

 
 
Jill Glass Pagaran - Spirit of San Juan Bautista
Heidi Balz - Spirit of San Juan Bautista
Brenda Weatherly - EDC
1.5

CLERK OF THE BOARD - V. DELGADO
Approve the action minutes of the November 5, 2024 Special Meeting and November 12, 2024 Regular Meeting.
SBC FILE NUMBER: 156

 
 
Board of Supervisor Minutes 11.05.24 - Special Meeting
Board of Supervisor Minutes 11.12.24
1.6

COUNTY ADMINISTRATION OFFICE - H.RING. DEPUTY ADMINISTRATIVE OFFICER 
Accept informational ARPA project list, approve the shifting of the remainder of the ARPA project funds to cover the general fund payroll and comply with the December 31, 2024 funding obligations deadline
and reporting requirements, and delegate authority to the County Administrative Officer or designee and auditor-controller or designee to jointly approve transfers and revisions of appropriations within department budget unit #15 if the overall appropriations of the budget unit are not increased.
SBC FILE NUMBER: 119

 
 
01 ARPA projects summary June 30 2024 - BOS 11-26-24
02 ARPA projects summary December 31 2024 - BOS 11-26-24
03 GF allocation projects summary - BOS 11-26-24
1.7

COUNTY ADMINISTRATIVE OFFICE - H. RING, DEPUTY COUNTY ADMINISTRATIVE OFFICER
Approve and ratify the attached executed agreement with the State of California office of Emergency Services to address communication infrastructure and services in San Benito County; Delegate Authority to CAO or Designee to amend and execute any necessary amendments or contracts for the CRIS system in an amount not to exceed $1.25 million, with County Counsel review and approval.
SBC FILE NUMBER: 119

 
 
CRIS Agreement
1.8

COUNTY COUNSEL - D. PRENTICE
Approve Cover Letter and Trespass/Letter of Authority for the County's initial communication to San Benito River private property owners necessary for the County's abatement of encampments, abandoned vehicles, and litter in the San Benito River, providing direction to staff, if desired, and authorization to Staff to make non-substantive changes.
SBC FILE NUMBER:160

 
 
DRAFT Trespass/Letter of Authority
Cover Letter
Elections Office Notary Services Flyer
1.9

COUNTY COUNSEL - D. PRENTICE
Adopt ordinance entitled "An Ordinance of the Board of Supervisors of the County of San Benito Amending Chapter 11.18 of Title 11 of the County Code Relating to the Use of Certain Public Right of Ways As Sleeping or Living Accommodations and Amending Chapter 9.04 "San Benito River Regulations" of Title 9 of the San Benito County Code.
SBC FILE NUMBER: 160
ORDINANCE NO.:1069

 
 
Ordinance Updating River Regulations
Redline- Chapter 9.04 River Regulations
1.10

HEALTH AND HUMAN SERVICES AGENCY- T. BELTON
Approve and Authorize HHSA Public Heath Services Director, Tracey Belton to sign the non-monetary Memorandum of Understanding (MOU) between Central California Alliance for Health (CCAH), Medi-Cal Managed Care Plans (MCP) and San Benito County California Children's Services (CCS) Whole Child Model Program which provides diagnostic and treatment services, medical case management, and physical and occupational therapy services to children under age 21 with CCS eligible medical conditions. for a term commencing with the date of MCP's authorized signature and ending 36 months thereafter. This is MOU was received from CCAH in October 2024.
SBC FILE NUMBER:  130   

 
 
CCAH MCP WCM MOU coco signed
1.11

HEALTH AND HUMAN SERVICES AGENCY- T. BELTON
Approve and authorize HHSA Director, Tracey Belton to sign the Third Party Access (TPA) Memorandum of Understanding (MOU) with California Department of Child Support Services (DCSS) for HHSA to have read only access to the Child Support Enforcement System "(CSE") for the purpose of supporting the Child and Spousal Support Enforcement Program pursuant to Family Code 17212 to commence for a term of 36 months from date of execution without monetary value.
SBC FILE NUMBER:  130

 
 
DCSS-CSE-TPA MOU
1.12

HEALTH AND HUMAN SERVICES AGENCY- T. BELTON
Adopt Resolution ratifying submission of application for and acceptance of the County allocation award under Round 6 of the Transitional Housing Program (THP) and Round 3 of the Housing Navigation and Maintenance Program (HNMP) from the State of California Department of Housing and Community Development for housing assistance for youth formerly in Foster Care or Probation systems, in the combined amount of $72,762.00 and not to exceed $145,524.00. Ratify submission of the Transitional Housing Program (THP) Allocation Acceptance Form and Housing Navigation and Maintenance Program (HNMP) Allocation Acceptance Form, submitted by the Deputy Director of Health and Human Services Agency to the Department of Housing and Community Development.
SBC FILE NUMBER:  130
RESOLUTION NO.: 2024-145

 
 
Resolution FY 24-25 Transitional Age Youth (TAY) Program
THP Round 6 Allocation Acceptance Form
HNMP Round 3 Allocation Acceptance Form
GovtTINForm
1.13

HUMAN RESOURCES - H. RING, DEPUTY COUNTY ADMINISTRATIVE OFFICER
Approve the revised Accounting Manager job specification to ensure the duties are aligned with the needs of all County departments.
SBC FILE NO.: 630

 
 
Accounting Manager
1.14

LIBRARY - A. CURTIS
Approve Budget Appropriation to increase the library's budget by $250.00 to accept grant from Horror Writers Association's Young Adult Write Now endowment program, to help the library establish and support a young adult writing program focused on the horror genre through providing funds to strengthen our horror genre collection for use as resources for teens to use while exploring their own writing.
SBC FILE NUMBER: 80

 
 
Budget Adjustment Form
YAWN Grant Award Letter
YAWN Grant Flyer
1.15

PROBATION DEPARTMENT - A. CANEZ
Approve the Memorandum of Understanding (MOU) between the San Benito County Probation Department and the San Benito County Office of Education (SBCOE) to provide a coordinated approach from both agencies to closely monitor and supervise juvenile probationers at the San Andreas High School, San Benito County Opportunity School, and Pinnacles Community School sites for the term of November 1, 2024, through November 30, 2026, to be funded by the 2011 Public Safety Realignment Grant AB 109 in the amount of $38,700.00 per fiscal year for a total two-year contract amount of $77,400.00.
SBC FILE NUMBER: 510

 
 
MOU San Benito County Office of Education (SBCOE) - monitor Juvenile Probationers at school
CCP MINUTES 3.21.24
Proposal for Probation Officer
1.16

PROBATION - A. CANEZ 
Accept and approve the Workforce Development Grant Agreement #2024-440 OYCR, funded by the State of California Health and Human Services Agency (CalHHS), and the Office of Youth and Community Restoration (OYCR) in the amount of $210,000.00 for a three-year term, not to exceed $70,000.00 annually to support a contract with a part-time Workforce Development Navigator (WDN) to provide services to youth in the community on probation and youth incarcerated at the San Benito County Youth Services Center and authorize the Chair to sign the agreement, and approve the Budget Adjustment in the amount of $70,000.00 for the current 2024-2025 fiscal year.
SBC DEPT. FILE NUMBER:510

 
 
2024-440-OYCR Agreement
Budget Adjustment OYCR Agreement
OYCR Agreement Terms and Conditions
Workforce Development Navigator Duty Statement.
LOI - San Benito County (Workforce Navigator)
1.17

RESOURCE MANAGEMENT AGENCY – S. LOUPE, PUBLIC WORKS ADMINISTRATOR
Approve Budget Adjustments to increase the appropriations budget and revenues for various Community Facilities Districts (CFDs) as follows: 1) CFD 2015-01 (Santana Ranch) in the amount of $108,735.00; 2) CFD 2018-01 (Residential Services) - Bennett Ranch in the amount of $23,425.00; 3) Sunnyside Estates in the amount of $26,745.00; 4) Promontory/Bluffs in the amount of $5,025.00; and 5) San Juan Oaks in the amount of $7,920.00, to correct the Revenues to match the annual tax assessments for each CFD and Expenses expected for various projects in FY 2024-25  (4/5 vote required)
SBC FILE NUMBER: 105.3

 
 
FY2425 Budget Adjustment CFD 2015-01 SR
FY2425 Budget Adjustment CFD 2018-01 SSE
FY2425 Budget Adjustment CFD 2018-01 BR
FY2425 Budget Adjustment CFD 2018-01 SJO
FY2425 Budget Adjustment CFD 2018-01 PB
1.18

RESOURCE MANAGEMENT AGENCY - A. PRADO, PLANNING AND BUILDING DIRECTOR
Adopt Resolution to approve the Lee Subdivision Project appeal, and overturn the findings of the Planning Commission based on findings to be specified by the Board of Supervisors, with supporting evidence in the record.
SBC FILE NUMBER: 790
RESOLUTION NO.: 2024-146

ORDINANCE NO.: 1072

 
 
Staff Report - Lee Subdivision
Attachment A Vesting Tentative Map
Attachment B PUD Application
Attachment C Lee Subdivision NOP
Attachment D Lee Subdivision Project Recirculated Draft EIR with Appendices
Attachment E Lee Subdivision Final Recirculated EIR
Attachment F: Planning Commission Denial Resolution 2024-19
Attachment G: Appeal - Planning Commission PLN200051 - Lee, William
Attachment H Board Resolution
Exhibit A MMRP
Exhibit B Conditions of Approval of Vesting Tentative Map
Exhibit C PUD Zone Change Ordinance
Bill Lee - ExhIbit D Affordable Housing Agreement
Attachment I Comments 1-34
Attachment J: Free Lance
1.19

RESOURCE MANAGEMENT AGENCY - S. LOUPE, PUBLIC WORKS ADMINISTRATOR
Adopt continuing Resolution confirming the Public Works Administrator's authority to enter into emergency repair and replacement contracts to remediate a local emergency caused by February 21, 2023 flooding and continuous flooding and storm events, 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. (4/5 vote required)
SBC FILE NUMBER: 75.5
RESOLUTION NO: 2024-147

 
 
Board Resolution Confirming Public Works Administrator's Authority to Let Contracts for Emergency Road Repairs
Local Emergency Proclamation March 2023
Board Resolution 2023-33 Ratifying Emergency Proclamation
FEMA-4699-DR-CA - Major Disaster Re 2023 Winter Storms
1.20

RESOURCE MANAGEMENT AGENCY – S. LOUPE, ASSISTANT DIRECTOR - PUBLIC WORKS
Adopt Specifications and Bid Solicitation for the Job Order Contract (JOC) Program, authorize advertising for bids for IFB PWB-2418 (General Engineering "A" License Contracts), and IFB PWB-2419 (General  Building "B" License Contracts), authorize the procurement of services for ten contractors, six Class A contractors and four Class B contractors, and authorize the County Engineer to approve and adopt plans and award construction contracts for specific projects within the parameters of the JOC Program, for and on behalf of the County of San Benito.
SBC FILE NUMBER: 105 

 
 
IFB - PWB-2418 - 2025 JOC General Engineering A License Contracts
IFB - PWB-2419 - 2025 JOC General Building B License Contracts
1.21

RESOURCE MANAGEMENT AGENCY – S. LOUPE, PUBLIC WORKS ADMINISTRATOR
Approve reallocations of $149,431.35 of SB-1 funds from the Fairview Rd - San Felipe Rd to Ludis Ln resurfacing project to the Fairview Rd - Los Viboras Rd to Aquistapace Rd resurfacing project for additional estimated costs needed for that public works project and the reallocation of $166,456.86 of Enterprise Fee funds from the Shore Road Rehabilitation - Frazier Lake Road to San Felipe Road project to the Fairview Rd - Orchard Rd to Los Viboras Rd project for additional estimated costs needed for that public works project.
No budget transfers are required as the funding is already in the existing SB-1 fund and Enterprise fund project budgets.
SBC FILE NUMBER: 105.3

 
 
Road Improvement Schedule - FY 23-24
1.22

TREASURER/TAX COLLECTOR/PA - M. CASILLAS
Receive and accept the monthly Treasurer's Portfolio Report for September 30, 2024. The Treasurer's Portfolio Report contains the activities and balances of the operating accounts and the investments of the Treasury. The portfolio as of September 30, 2024, was $389,232,675. The focus of the Treasurer's portfolio follows Government Code Section 53600 et seq. mandates in the order of 1) safety, 2) liquidity, and 3) return. The Treasurer follows the Board approved Investment Policy of 2024.
SBC FILE NUMBER 685.2

 
 
BOS SEPT 2024 Portfolio Report
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

 
2.1

BEHAVIORAL HEALTH - D. EDGULL
Approve the professional services contract with Pacific Clinics to provide 24/7/365 state mandated Community Mobile Crisis Response Team (CMCRT) for San Benito County for an amount not to exceed $6,348,159.00;  $1,366,679.00 for the remainder of FY 24-25, $2,441,903.00 for FY 25-26 and $2,539,577.00 for FY 26-27; for the term of December 1,2024, through June 30, 2027, and authorize Board Chair to sign contract.
SBC FILE NUMBER:810

 
 
Community Mobile Crisis Response Team Provider Presentation
Pacific Clinics Contract
Sole Source Justification Form - Pacific Clinic
2.2

BOARD OF SUPERVISORS - H. RING, DEPUTY COUNTY ADMINISTRATIVE OFFICER
Receive presentation on Cannabis voter-approved tax ordinance, compare the tax to other jurisdictions, receive recommendations from ad hoc to exempt cannabis cultivation tax until the next Primary election on June 2, 2026.; and provide staff direction if the Board of Supervisors would like to exempt the cannabis cultivation business from tax and direct staff to amend the ordinance. 
SBC File No.: 119

 
 
Cannabis Tax Presentation BOS
Chapter 5: Cannabis Business Tax Ordinance
3.

GEOLOGIC HAZARD ABATEMENT DISTRICT

 
3.1

(The Board will adjourn as the Board of Supervisors and reconvene as the Board of Directors of the San Benito Geologic Hazard Abatement District)
a. Acknowledge Certificate of Posting
b. Public Comment. Opportunity to address the Board on items of interest not on the agenda.

 
 
11.26.24 Cert. of posting GHAD
3.2

CONSENT AGENDA
Approve the action minutes of the September 10, 2024 meeting.
SBC FILE NUMBER: 7.5

 
 
091024 ghad mins
3.3

RESOURCE MANAGEMENT AGENCY- S. LOUPE, PUBLIC WORKS ADMINISTRATOR
With the adoption of GHAD Resolution No. 2021-1 on December 3, 2021, the GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD) Board of Directors (“GHAD Board”) approved annexation of The Promontory at Ridgemark Development into the San Benito GHAD. 

 

The GHAD is responsible for hiring its own staff (or contracting with outside parties to perform staff services), including all workers involved in the operation, maintenance, replacement, repair, or other activities of the GHAD. The Promontory development has now been accumulating funds that are being deposited into the GHAD account. It is now time to consider if an entity should manage those funds and tasks and hire a GHAD Manager.
SBC FILE NUMBER: 105

 
 
San Benito GHAD Staffing
Sample GHAD Manager Contract
4.

PUBLIC HEARING

 
4.1

RESOURCE MANAGEMENT AGENCY- A.PRADO, PLANNING AND BUILDING DIRECTOR
(To Be Heard at 1:30 p.m. or soon thereafter as the matter may be heard)
Review and adopt ordinance amendments to delete and restate in their entirety portions of San Benito County code related to Code Enforcement including Title 1 (General Provisions; Code Enforcement) Chapters 1.01 (Rules of Construction), 1.03 (Code Enforcement), 1.04 (Administrative Citations), 1.05 (Public Entity Offset Dispute), 1.06 (Alternative Public Nuisance Abatement Procedures and Remedies), and 1.07 (Office of the County Hearing Officer) as recommended by the Planning Commission in Resolution No. 2024-20.
SBC FILE NUMBER: 790
ORDINANCE NO.: 1073

 
 
Title 1 Code Presentation
Code Enforcement Ordinance
Planning Commission Resolution 2024-20
Title 1 Code Revisions Redline
Free Lance Notice and Summary of Ordinance
4.2

RESOURCE MANAGEMENT AGENCY- A.PRADO, PLANNING AND BUILDING DIRECTOR
(To Be Heard at 1:30 p.m. or soon thereafter as the matter may be heard)
Review and adopt ordinance amendments to delete and restate in their entirety portions of  San Benito County code related to the Cannabis Business Regulatory Program including Title 7 (Business Regulations) Chapter 7.02 (Cannabis Business), Title 7 (Business Regulations) Chapter 7.04 (Hemp Entities) Section 7.04.003 (Prohibitions), Title 19 (Land Use and Environmental Regulations) Chapter 19.43 (Cannabis Business Land Use Regulations), and the Cannabis Application Fee Schedule as recommended by the Planning Commission in Resolution No. 2024-21.
SBC FILE NUMBER: 790
ORDINANCE NO.: 1074

 
 
Cannabis Ordinance Amendments Presentation
Cannabis Resolution
Cannabis Ordinance
Planning Commission Resolution 2024-21
Chapter 7.04 Hemp Entities Redline (Att. A)
Chapter 7.02 Cannabis Business Redline (Att. B)
Chapter 19.43 Cannabis Business Land Use Regulations Redline (Att. C)
Cannabis Application Fee Schedule Redline (Exhi. A)
Free Lance Notice and Summary of Ordinance
4.3

RESOURCE MANAGEMENT AGENCY- A.PRADO, PLANNING AND BUILDING DIRECTOR
(To Be Heard at 1:30 p.m. or soon thereafter as the matter may be heard)
Review and adopt ordinance amendments to delete and restate in their entirety portions of San Benito County code related to Zoning including Title 25 (Zoning) Chapters 25.01 (General Provisions and Administration), 25.02 (Permits and Other Planning Actions), 25.03 (Zoning Map and Districts), 25.07 (General Development Standards), 25.08 (Standards for Specific Uses), and 25.09 (Glossary) as recommended by the Planning Commission in Resolution No. 2024-22.

SBC FILE NUMBER: 790
ORDINANCE NO.: 1075

 
 
Zoning Code Update Presentation
Zoning 25 Ordinance
Planning Commission Resolution 2024-22
Redlined - 25.01 General Provisions and Administration
Redlined - 25.02 Permits and Other Planning Actions
Redlined - 25.03 Zoning Map and Districts
Redlined - 25.07 General Development Standards
Redlined - 25.08 Standards for Specific Uses
Redlined - 25.09 Glossary
Free Lance Notice and Summary of Ordinance
4.4

RESOURCE MANAGEMENT AGENCY - A. PRADO, PLANNING AND BUILDING DIRECTOR-
(To be heard at 1:30 PM or as soon thereafter as the matter may be heard)
Hold a public hearing to consider an appeal of the October 16th, 2024, Planning Commission decision regarding PLN220033, a minor subdivision, with said appeal challenging the San Benito County Planning Commission’s denial of a vesting tentative map (PLN220033) adopt the resolution to deny the appeal (PLN240070) of PLN220033 minor subdivision/tentative parcel map, subject to the conditions of approval found in the resolution.
SBC FILE NUMBER: 790
RESOLUTION NO.: 2024-148

 
 
Appeal PLN240070 Presentation
Resolution - Appeal PLN240070
Board Staff Report
Exhibit A to Board Resolution (Planning Commission Resolution)
Planning Commission Staff Report
Initial Study/Mitigated Negative Declaration (IS/MND)
Freelance Notice
5.

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.)

 
5.1

CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Hold closed session regarding initiation of litigation (Government Code Section 54956.9 (d).(1), (d).(2), and (d).(4))
Number of Cases 2: Meet with legal counsel regarding litigation related to public nuisances existing on properties located at 1200 Union Road and 5890 San Felipe Road
SBC FILE NUMBER: 160

 
 
5.2

CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
Government Code Section 54956.9, subdivisions (a) and (d)(1). Number of Cases: 1
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: 160

 
 
5.3

CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to Litigation (Government Code Section 54956.9 (d).(2),(e).(1)
Number of Cases 1: Potential for Litigation

 
 
5.4

CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code section 54956.9, subds. (a) and (d)(1). Number of Cases: 1
Name of Case: Better San Benito v. County of San Benito, Case No.: CU-23-00071
FILE NUMBER: 160

 
 
5.5

CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL -  POTENTIAL INITIATION OF LITIGATION
Potential Initiation of Litigation (Government Code Section 54956.9 (c)
Number of Cases 1: Potential Initiation of Litigation

 
 
5.6

CLOSED SESSION - PUBLIC EMPLOYEE APPOINTMENT
Title: County Administrative Officer

Authority: California Government Code 54957. 
SBC FILE NUMBER: 630

 
 
5.7

CLOSED SESSION PURSUANT TO SECTION 54956.9: WORKERS' COMPENSATION LIABILITY
Claim No. TIBY-600222
Agency claimed against: San Benito County - (member Trindel Insurance Fund)

 
 
5.8

CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
Government Code Section 54956.9, subds. (a) and (d)(1). Number of Cases: 1
Name of Case: William Lee, et al v. County of San Benito, et al., Superior Court of California, County of San Benito

Case No.: CU-24-00034
SBC FILE NUMBER: 160

 
 
6.

FUTURE AGENDA ITEMS

 
6.1

BOARD OF SUPERVISORS
Discuss and approve future agenda item requests submitted by board members and provide staff direction if desired.
SBC FILE NUMBER: 156

 
 
Future Agenda Items List 11.26.24
Future Agenda Items Request Form - Board Members - Fillable

ADJOURNMENT


 

Adjourn to the next regular meeting of December 10, 2024.

 
 
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.