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SAN BENITO COUNTY
BOARD OF SUPERVISORS

 

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

Board of Supervisors Chambers 481 Fourth Street, Hollister, CA 95023
BOARD OF SUPERVISORS - REGULAR MEETING - POSTED AND FINAL
FEBRUARY 11, 2025
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: 850 4352 1977
                                                    Webinar Password: 332317
 
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@sanbenitocountyca.gov.
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@sanbenitocountyca.gov

a. Pledge of Allegiance


 

The Pledge of Allegiance to be led by Supervisor Sotelo District #3.

 
 

b. Acknowledge Certificate of Posting


 

Acknowledge Certificate of Posting

 
 
Cert. of Posting Regular Mtg. 2.11.25

c. Board Announcements and Committee Updates


d. 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 on items.
Items pulled from the Consent Agenda will be heard later in the meeting.

 
1.1

AGRICULTURAL COMMISSIONER - K. GRIFFIN, ACTING AGRICULTURAL COMMISSIONER
Approve State contract with the California Department of Food and Agriculture in the amount $20,881.00 for the period of January 1, 2025, through June 30, 2025, for detection survey activities and authorize the Agricultural Commissioner to sign the contract.  The agreement is retroactive to January 1, 2025, due to the European Grapevine Moth Cooperative Agreement FY 24/25 being received from the California Department of Food and Agriculture on January 15, 2025, for execution.
SBC FILE NUMBER: 1.1

 
 
European Grapevine Moth #24-0680-023-SF
Fully Executed European Grapevine Moth #24-0680-023-SF
1.2

BOARD OF SUPERVISORS
Approve the appointments of Joshua Mercier as the representative of a County Agency responsible for administering Human Services Programs for Senior Citizens and Geoffrey Lyons as the representative of a Health Facility or Organization that advocates for elderly and/or disabled in LTC to the Aging and Long-Term Care Commission for the term beginning February 11, 2025 through February 11, 2028.
SBC FILE NUMBER: 156

 
 
G Lyons Application
J Mercier Application
1.3

BOARD OF SUPERVISORS
Approve appointment of Supervisor Angela Curro as the delegate for California State Association of Counties (CSAC).
SBC FILE NUMBER: 156

 
 
1.4

BOARD OF SUPERVISORS
Approve creation of the Housing Policy Reform Ad Hoc Committe and assign Supervisors Zanger and Supervisor Velazquez to the ad hoc.
SBC FILE NUMBER: 156

 
 
1.5

BOARD OF SUPERVISORS
Authorize three (3) County representatives, including Dom Zanger, Board of Supervisor Vice-Chair, Angela Curro, Board of Supervisor for District 4, and Interim County Administrative Officer (CAO), to travel out of state to Washington, D.C to attend the 2025 National Association of Counties (NACo) Legislative Conference March 1-4, 2025 and the 2025 Annual Conference on July 11-14, 2025 in the City and County of Philadelphia, PA  including payment of conference registration fees, airfare, lodging, and per diem in accordance with San Benito County Travel Policy and Board Rules. 
SBC FILE NUMBER: 156

 
 
2025 NACo Legislative Conference Schedule National Association of Counties
1.6

BOARD OF SUPERVISORS
Adopt Resolution to amend the bylaws of the Tourism Advisory Committee to change the meeting date from the third Wednesday of each month at 2:00 PM to the fourth Wednesday of each month at 2:00 PM.
SBC FILE NUMBER: 156
RESOLUTION NO.: 2025-10

 
 
Proposed resolution amending the committee meeting day
Tourism Advisory Committee Bylaws - 2025.02.11 Clean
Tourism Advisory Committee Bylaws - 2025.02.11 Redlined
Fully Executed Resolution No. 2025-10 Tourism Advisory Committee
1.7

CLERK OF THE BOARD - V. DELGADO
Approve the action minutes of the January 28, 2025 Regular Meeting.
SBC FILE NUMBER: 156

 
 
Board of Supervisor Minutes 1.28.25
1.8

COUNTY ADMINISTRATIVE OFFICE - H.RING, INTERIM COUNTY ADMINISTRATIVE OFFICER.
Approve Non-disclosure Agreement (NDA) with Civitas Advisors, Inc., a California corporation, declaring its intention to authorize the examination of Sales, Transaction, and Use Tax Records for the purpose of determining the feasibility of forming a Tourism District in San Benito County and preventing the unauthorized disclosure of confidential information, and authorize Board Chair to sign and execute NDA.
SBC FILE NUMBER: 119

 
 
NDA San Benito County SBCTID 02-11-25
Visit San Benito County Contract (E)
EXT Info Sheet SBCTID
BOS ORD. NO 193
Reso. 2018-1 HDL
HINDERLITER, DE LLAMAS & ASSOCIATES TAX STUDIES
PPT SBCTID BOS 2-11-25
Fully Executed Agreement NDA San Benito Co SBCTID
1.9

COUNTY ADMINISTRATION OFFICE - H.RING, INTERIM COUNTY ADMINISTRATIVE OFFICER
Approve Amendment to the County's Travel policy related to out-of-state travel.
SBC FILE NUMBER: 119

 
 
Travel Policy Redline Copy of Changes
Travel Policy 1-31-2025 CLEAN
Current County of San Benito Travel Policy
San Benito County Board of Supervisors Board Rules 1.29.25
1.10

COUNTY COUNSEL - D. PRENTICE
Approve Amendment # 1 with San Benito Defenders, Inc. in the additional amount of $189,489.00, for additional work related to CARE Court and post-conviction work under the Public Defense Pilot Program (PDPP) grant; with additional amount being fully funded through funds received/to be received from the State of California and the PDPP grant, and Approve Budget Adjustment/Appropriation(s) of $151,989.00. (4/5 vote required) 
SBC FILE NUMBER: 160

 
 
Amendment #1 - San Benito Defenders
PDPP Funds Budget adjustment
Fully Executed Contract San Benito Defenders Amendment #1
1.11

COUNTY COUNSEL - D. PRENTICE
Approve Amendment #6 with Hefner, Stark & Marois, LLP, extending the contract term from June 30, 2025, to June 30, 2027, and increasing the contract by $150,000.00 for legal services related to complex land use matters and CEQA review, and authorize the Chair to sign contract.
SBC FILE NUMBER: 160

 
 
Amendment #6 - Hefner, Stark & Marois, LLP - legal services relating to complex land use legal matters and CEQA review
Fully Executed Contract - Hefner, Stark-Marois, LLP Amendment #6
1.12

HEALTH AND HUMAN SERVICES AGENCY- T. BELTON
Approve Amendment to the Scope of Work on Agreement with the Coalition of Homeless Services Providers for the Homeless Housing, Assistance, and Prevention Program (HHAP) Round 2 funding in the amount of $157,801.85, from February 1, 2022, through January 31, 2026, and authorize Agency Director or her Designee to execute the amendment and any future amendments with County Counsel review and approval.
SBC FILE NUMBER: 130

 
 
HHAP-2 Contract Amendment #1
Fully Executed HHAP R2 Amendment 1 Contract
1.13

HEALTH AND HUMAN SERVICES AGENCY - T. BELTON
Approve the appointments of Andrew Shelton, Ashley Rule and Roger Gilbert to the Workforce Development Board (WDB) as Private Sector Representatives, and Denise Dorsey to represent the Public Sector, for a (3) three-year term, effective February 11, 2025 through February 11, 2028.
SBC FILE NUMBER: 130

 
 
WDB Application Appointments Peak 3930
1.14

HUMAN RESOURCES – H. RING, DEPUTY COUNTY ADMINISTRATIVE OFFICER
Approve revised job specification for Multi-Service Officer.
SBC FILE NUMBER: 630

 
 
Multi-Service Officer
1.15

OFFICE OF EMERGENCY SERVICES - K. MANGANO
Approve Contract with Ceres Environmental Services, dba Environmental & Demolition Services Group,  for debris removal and management services, effective from February 11, 2025, through February 11, 2028, in accordance with a local emergency proclamation. The contract will incur no cost to the County unless services are requested and provided. If services are needed, costs may be reimbursable by FEMA in the event of a declared local emergency. The total cost for these services will not exceed $1,000,000 without further approval from the Board of Supervisors. Authorize Board Chair to execute contract. 
SBC FILE NUMBER: 75.5

 
 
Ceres Contract Executed by Ceres
OES RFP Approved 04.30.24 & Released 07.08.2024.
Fully Executed Contract - CERES 4
1.16

OFFICE OF EMERGENCY SERVICES - K. MANGANO
Adopt Governing Body Resolution authorizing the County Administrator and/or the Emergency Services Manager to execute any actions necessary, subject to County policy, for the purpose of obtaining (applying for), managing, and spending financial assistance through the California Office of Emergency Services (CalOES) for the Homeland Security Grant Program (HSGP) FY 2025, FY 2026, and FY 2027 and Emergency Management Performance Grant (EMPG) FY 2025, FY 2026, and FY 2027; Authorize the Governing Body the authority to spend the Homeland Security Grant Program (HSGP) grant funds with the approval of the Body of 5 (the approval authority committee comprised of County and City Fire Chiefs, Sheriff, Chief of Police, and EMS), following purchasing policies set by the County, and the regulations set by the grant, once the grant projects have been approved by CalOES; Authorize the Governing Body to spend the Emergency Management Performance Grant (EMPG) according to grant regulations and the County's purchasing policy and authorize Chair of the Board to sign Resolutions.
SBC FILE NUMBER: 75.5
RESOLUTION NO.: 2025-2

RESOLUTION NO.: 2025-3

 
 
Resolution for HSGP
Resolution EMPG
Fully Executed Resolution No. 2025-2 HSGP
Fully Executed Resolution No. 2025-3 EMGP
1.17

RESOURCE MANAGEMENT AGENCY – S. LOUPE, PUBLIC WORKS ADMINISTRATOR
Authorize payment of invoices for Villa & Sons in the amount of $59,724.00 for construction services for repairs to the damaged Kitchen flooring at the County Jail, including floor replacement, plumbing material, and fitting upgrades to fix the leaks that caused the damage; ratify the contract with Villa & Sons in the amount of $59,724.00 and authorize the Board Chair to sign it; and approve the  Budget Adjustment of $60,500.00 from the Jail Trust Fund to the new CIP Jail Kitchen project budget, to pay for the construction repair services and related design review costs (4/5 Vote required).
SBC FILE NUMBER: 105

 
 
Villa & Sons - Jail Floor Final Invoice
Contract with Villa & Sons Enterprises - Jail Kitchen Floor Replacement Project - Exp. 10.31.25
Budget Adjustment - Jail Kitchen Floor Replacement
Fully Execute Contract - Villa & Sons Enterprises
Fully Executed Budget Adj - Villa and Sons
2.

PUBLIC HEARING

 
2.1

COUNTY ADMINISTRATION  - H. RING, INTERIM COUNTY ADMINISTRATIVE OFFICER 
(To be heard at 9:30 AM or as soon thereafter as the matter may be heard)
Introduce Ordinance, "An ordinance of the Board of Supervisors of the County of San Benito amending provisions of chapter 5.03 of the San Benito county code relating to cannabis business activities tax" and continue to the Board of Supervisors meeting on February 25, 2025. 
SBC FILE NUMBER: 7
ORDINANCE NO: 1077

 
 
Cannabis Ordinance Amendments Presentation
Ordinance Amending section 5.03.176
Cannabis Tax Public Hearing Notice
ARTICLE V. CANNABIS BUSINESS ACTIVITIES TAX Redline
3.

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

 
3.1

BOARD OF SUPERVISORS
Approve Proclamation designating February 2025 as National Black History Month in San Benito County.
SBC FILE NUMBER: 156

 
 
Proclamation - Black History Month 2025
3.2

HUMAN RESOURCES – H. RING 
Accept introduction and waive first reading of proposed administrative ordinance entitled "An Ordinance of the Board of Supervisors of the County of San Benito Rescinding in Part and Amending in Part Ordinance 513 and County Code Sections 3.01.090 et. seq." to amend the duties and responsibilities of the position of the County Administrative Officer, with continuance to next regular meeting for adoption.
SBC FILE NUMBER: 630

ORDINANCE NO.: 1078

 
 
CAO Ordinance
3.3

COUNTY ADMINISTRATION - H. RING, INTERIM COUNSY ADMINISTRATIVE OFFICER
Receive Informational presentation on the draft Developer Impact Fee Nexus Study,  an analysis by local governments to determine fair fees developers should pay to offset the impact of new development on public infrastructure and services, including the following:

  1. General government facilities
  2. Library facilities
  3. Road maintenance equipment facilities
  4. Park and recreation facilities
  5. Fire Facilities
  6. Law enforcement facilities
  7. Detention facilities
  8. Information technology facilities
  9. General plan updates
  10. Storm drainage facilities

If desired, provide staff direction.
SBC FILE NUMBER: 870

 
 
Presentation San Benito County Impact Fee Study Update 2-11-25.
Draft San Benito County Development Impact Fee Update
3.4

RESOURCE MANAGEMENT AGENCY- A.PRADO, PLANNING AND BUILDING DIRECTOR
Receive presentation on Measure A, the "Empowers Voters to Make Land Use Decisions Initiative," and provide staff direction on next steps to implement the Initiative if desired.
SBC FILE NUMBER: 790

 
 
Measure A Presentation
Empower Voters to Make Land Use Initiative
3.5

RESOURCE MANAGEMENT AGENCY - A. PRADO, DIRECTOR OF PLANNING & BUILDING SERVICES
Receive presentation and discuss the affordable housing regulations in Chapter 21.03 of the San Benito County Code and provide staff direction if desired.
SBC FILE NUMBER: 790

 
 
Attachment 1. Ordinance No. 1059 Adopted September 12, 2023
Attachment 2. Bill Text - AB-1505 Land use Zoning Regulations
Attachment 3. Chapter 21.03 Affordable Housing Regulations of the San Benito County Code
Attachment 4. Presentation Affordable Housing Regulations Overview
Attachment 5. Additional Informational Slides
3.6

BOARD OF SUPERVISORS
Receive informational presentation regarding County Electric Vehicle (EV) Charger Policy and, if desired provide staff direction.
SBC FILE NUMBER: 156

 
 
Presentation EV Charger Policy
Draft EV Parking Policy
4.

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.)

 
4.1

CLOSED SESSION - CONFERNCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Status update on existing litigation. Government Code § 54956.9(a) and (d)(1)).
Number of Cases: 1

In Re: Wellpath Holdings, Inc., et. al. (United States Bankruptcy Court for the Southern District of Texas Houston Division, Case No. 24-90533
SBC FILE NUMBER: 160

 
 
4.2

CLOSED SESSION PURSUANT TO SECTION 54956.9: WORKERS' COMPENSATION LIABILITY
Claim No. TIBZ-600065
Agency claimed against: San Benito County - (member Trindel Insurance Fund)

 
 
4.3

CLOSED SESSION PURSUANT TO SECTION 54956.9: WORKERS' COMPENSATION LIABILITY
Claim No. TIBU-600283
Agency claimed against: San Benito County - (member Trindel Insurance Fund)

 
 
4.4

CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to Litigation (Government Code Section 54956.9 (d)(2),(e)(3)
Number of cases 1:
This item was added as an urgency item by a 5-0 vote.  The basis for the closed session was announced as "Significant exposure to litigation."
SBC FILE NUMBER: 160

 
 
5.

FUTURE AGENDA ITEMS

 
5.1

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

 
 
Fillable Future Agenda Items Request Form - Board Members
Future Agenda Items List 2.11.25

ADJOURNMENT


 

Adjourn to the next regular meeting of February 25, 2025.

 
 
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.