The Pledge of Allegiance to be led by Supervisor Bea Gonzales District #5.

Acknowledge Certificate of Posting

BOARD OF SUPERVISORS
Present Certificate of Recognition to Victoria Montoya for receiving the Outstanding Migrant Health Center Board Member Award at the 2023 National Association of Community Health Center's Conference for Agricultural Worker Health.
SBC FILE NUMBER: 156

BOARD OF SUPERVISORS
Approve proclamation designating the month of June of 2023 as Lesbian, Gay, Bisexual, Transgender, Queer, plus (LGBTQ+) Pride Month in the County of San Benito. 

SBC File Number: 156

FUTURE AGENDA ITEMS

ASSESSOR'S OFFICE - T. SLAVICH
Approve maintenance agreement with Megabyte Systems, Inc. for the Megabyte Property Tax System at a cost not to exceed $163,740.00 with a term from July 1, 2023 through June 30, 2024.
SBC FILE NUMBER: 7

ASSESSOR'S OFFICE - T. SLAVICH
Adopt Resolutions establishing Agricultural Preserves and approve the Land Conservation Act Contracts for Baumgartner, et al. and Giudici, et al. and authorize the Board Chair to sign the Resolutions and LCA Contracts.

SBC FILE NUMBER: 7
RESOLUTION NO.: 2023-52 & 2023-53

BEHAVIORAL HEALTH DEPARTMENT - R. ESPINOSA
Approve contract with San Benito County Office of Education to provide services through the Mental Health Student Services Act (MHSSA) grant beginning on the last date of signature and terminating on June 30, 2027 for a total contract amount not to exceed $2,192,577.00.

SBC File Number: 810

CLERK OF THE BOARD - V. DELGADO
Approve the action minutes of the May 9, 2023 Regular Meeting.
SBC FILE NUMBER: 156

COUNTY ADMINISTRATION OFFICE - R.ESPINOSA
Adopt resolution authorizing the County Administrative Officer and/or Public Works Administrator / County Engineer to apply for funds from the Federal Highways Administration Charging and Fueling Infrastructure Discretionary Grant Community Program as a co-applicant, to fund the installation of publicly available level 2 and DC Fast Charging at county owned facilities.
SBC FILE NO.:  119
RESOLUTION NO.:2023-54

COUNTY ADMINISTRATION OFFICE - R.ESPINOSA
Approve letter of support for Senate Bill 511 (Blakespear): Greenhouse Gas Inventories, which seeks to provide funding for the California Air Resources Board to prepare Greenhouse Gas (GHG) inventories for all cities and counties in California. Authorize Board Chair to sign letter and authorize staff to submit the signed letter of support directly through the California Legislature’s Position Letter Portal. 

SBC FILE NUMBER:119

COUNTY CLERK/RECORDER/REGISTRAR OF VOTERS - F. DIAZ
Approve Amendment #1 with Tyler Technologies, Inc. to provide Eagle Recorder Suite, a hosted system and software solutions, for a period of 5-years, from March 31, 2023 to March 31, 2028 (retroactive, delay due to exchange drafts between Tyler and County), increasing the not to exceed amount by an additional $340,000.00 or $68,000.00 per year for 5 years; Authorize the Chair to sign Contract with Tyler Technologies, Inc.; and Authorize the County Clerk-Recorder/Registrar of Voters to sign any and all change orders for this contract up to $10,000.00.

SBC FILE NUMBER: 1125.5

COUNTY CLERK/RECORDER/REGISTRAR OF VOTERS - F. DIAZ
Approve Contract with DFM Associates for voter registration and election information management system software for a not to exceed amount of $115,000.00 for a period of 5-years, from July 1, 2023 to June 30, 2028; Authorize Chair to sign Contract with DFM Associates; Authorize the County Administrative Officer to sign the Sole Source Justification Form; and Authorize the County Clerk-Recorder/Registrar of Voters to sign any and all change orders for this contract up to $10,000.00.

SBC FILE NUMBER: 285

HEALTH AND HUMAN SERVICES AGENCY - T. BELTON
Adopt Resolution accepting the California Strengthening Public Health Initiative (CASPHI) funding for a full award amount of $675,929.00 for five years for the period of December 1, 2022 through November 30, 2027 and authorizing Director, Tracey Belton, or Deputy Director, Nicholas Calvin to sign all documents and invoices necessary to secure the funding.   Authorize the following full-time positions to be funded with CASPHI allocation: Add 1.0 FTE bilingual Health Assistant position for five years and fund current 1.0 FTE Health Educator Associate position for two years.   Approve Budget Adjustment in the amount of $675,929.00.  (4/5 vote required)   

SBC FILE NUMBER:  420
RESOLUTION NO.: 2023-55

HEALTH AND HUMAN SERVICES AGENCY- T. BELTON
Approve one year lease renewals with K&S Market, Inc. for Public Health office space at 351 Tres Pinos Road, Suites A-202, B and C-1 for the period of July 1, 2023 through June 30, 2024 for a monthly combined total of $13,307.00 and an annual collective total amount of $159,684.00.

SBC FILE NUMBER: 130

HEALTH AND HUMAN SERVICES AGENCY- T. BELTON
Approve amended Budget Adjustment for the 2023 Low Income Home Energy Assistance Program (LIHEAP) grant 23B-5029 Amendment #1 in the amount of $395,834.00, an increase of $24,626.00 of which $18,736.00 is non-consideration funds (does not go through the county financial system) and $5,890.00 will go towards consideration funds.  (4/5 vote required).   
SBC FILE NUMBER: 130

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 December, 2022 through January, 2023 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; and approve payment of invoices to Davey Tree Expert, in the amount of $21,040.00, for emergency tree removal services. (4/5 vote required)
SBC FILE NUMBER: 75.5
RESOLUTION NO: 2023-56

RESOURCE MANAGEMENT AGENCY - S. LOUPE, PUBLIC WORKS ADMINISTRATOR
Adopt a Resolution delegating authority to the Public Works Administrator 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: 2023-57

RESOURCE MANAGEMENT AGENCY – S. LOUPE, PUBLIC WORKS ADMINISTRATOR
Approve the Budget Adjustment Transfer from the Jail Impact Fund to the Capital Improvement Project (CIP) fund, in the amount of $15,000.00; approve a contract with Key & Young Inc., dba Commercial Service Company for the supply, delivery, and installation of a jail walk-in freezer for the amount of $149,509.00 and authorize the Public Works Administrator to sign it upon receipt of bonds and insurance certificates; authorize the Public Works Administrator to issue change orders in an amount of not to exceed $11,507.00 (Contingency Amount) in accordance with the provisions of Public Contract Code section 20142(a); and authorize the Public Works Administrator to accept the completed improvements and perform all necessary closeout activities upon project completion. (4/5 Vote Required.)
SBC FILE NUMBER 105.3

RESOURCE MANAGEMENT AGENCY – S. LOUPE, PUBLIC WORKS ADMINISTRATOR
Approve a contract with MNS Engineers, Inc., to provide full construction contract administration, engineering, inspection, materials testing services and public outreach for the construction of the PWB-2208 Union Road Bridge At San Benito River Bridge Replacement Project – Federal Aid Project No. BRLS-5943(043) in the amount not to exceed $4,239,321.65; Authorize the Chair of the Board of Supervisors to execute the Contract with MNS Engineers, Inc.
SBC FILE NUMBER: 105.3

RESOURCE MANAGEMENT AGENCY – S. LOUPE, PUBLIC WORKS ADMINISTRATOR
Approve fifth amendment contract with Lewis Engineering extending the contract to June 30, 2024 and add additional compensation in an amount not to exceed $246,668.00 (from County Regional Agency Enterprise Funds and Landfill Enterprise Funds with some reimbursement by Waste Solutions Group), for a total contract amount not to exceed $899,428.00.
SBC FILE NUMBER: 75.4

RESOURCE MANAGEMENT AGENCY – S. LOUPE, PUBLIC WORKS ADMINISTRATOR
Adopt resolution adopting projects for Fiscal Year 2023-24 Funded by SB1: The Road Repair and Accountability Act of 2017 and accept list on potential projects for the FY 2023-24 SB1 Road Program.
SBC FILE NUMBER: 105.3
RESOLUTION NO.: 2023-58

RESOURCE MANAGEMENT AGENCY – S. LOUPE, PUBLIC WORKS ADMINISTRATOR
Approve the third amendment contract with Environmental Innovations for Green Business programming support and to continue expanding new Regional Agency source reduction programs, extending the contract to June 30, 2024, in an amount not to exceed $100,000.00 (County portion $31,500.00 from Enterprise Funds - Regional Agency).
SBC FILE NUMBER:142

RESOURCE MANAGEMENT AGENCY- A. PRADO, DIRECTOR OF PLANNING AND BUILDING
Approve contract with Kimley-Horn & Associates Inc. to conduct the Housing Element 2023-2031 update as mandated by State Government Code §65580 et seq. This revision is being prepared to address the housing needs of the unincorporated area of the County. This document is partially based on the 6th cycle Regional Housing Needs Allocation (RHNA) provided to the Local Council of Governments in September 2021 and subsequently divided among the local jurisdictions for inclusion in their respective the Housing Element. The updated Housing Element is required by the State to be adopted by December 31, 2023. Contract amount not to exceed $334,989.00 from May 23, 2023 to June 30, 2026.
SBC FILE NUMBER:790

RESOURCE MANAGEMENT AGENCY- A. PRADO, DIRECTOR OF PLANNING AND BUILDING -
Approve resolution authorizing the Resource Management Agency Planning and Building Director to execute the SB 2 County of Planning Grants Program application, the PGP Grant Documents, and any amendments thereto, on behalf of the County as required by the Department for receipt of the Planning Grants Program Grant.
SBC FILE NUMBER: 790
RESOLUTION NO.: 2023-59

RESOURCE MANAGEMENT AGENCY- A. PRADO, PLANNING AND BUILDING DIRECTOR
Approve contract with Benchmark Resources for Stevens Creek Ranch 35 New Quarry Use Permit and Reclamation Plan application processing, and Environmental Impact Report, in an amount not to exceed $849,940.00.
SBC FILE NUMBER: 790

COUNTY ADMINISTRATION OFFICE - R.ESPINOSA
Receive an update from the Art Sculpture Ad hoc and/or the Arts Council representative regarding options, including but not limited to costs of modification, relocation, and/or obtainment of a plaque/signage.  Provide staff direction on next steps. 

SBC FILE NUMBER: 119

COUNTY COUNSEL - B. THOMPSON
Receive update on the public defender contracts and authorize release of an RFP, as set forth below or as may be determined by the Board.  Provide additional direction to staff on other issues related to the Public Defender's office, including but not limited to an application for grant funding and possible evaluation by the Office of the State Public Defender. 

SBC FILE NUMBER: 149

COUNTY CLERK/RECORDER/REGISTRAR OF VOTERS - F. DIAZ
Receive presentation from the Elections Department on the Elections Administration Plan (EAP) in accordance with the Voter's Choice Act (VCA) and the California Elections Code Section 4005. 

SBC FILE NUMBER: 285

HEALTH AND HUMAN SERVICES AGENCY- T. BELTON
Adopt Resolution appointing Dr. Cheryl Scott as the County Public Health Officer and waive the registered voter requirements of Government Code Section 24001 finding that waiver is in the best interest of the County to prevent an interruption of essential services.
SBC FILE NUMBER:  420
RESOLUTION NO.:  2023-60

County Counsel- B. Thompson
Receive update from County's consultant Cecilia Montalvo regarding Hazel Hawkins Hospital and possible future ideas to be explored to assist Hazel Hawkins.  Delegate authority to the CAO to sign a non-disclosure agreement with San Benito Health Care District. 
SBC FILE NUMBER: 160

COUNTY COUNSEL - B. THOMPSON
Review the County's current sign ordinance and direct staff to update sign ordinance if desired.
SBC FILE NUMBER: 160

BOARD OF SUPERVISORS
Discuss and provide direction to staff whether to further develop a campaign finance ordinance, and desired parameters of such an ordinance.
SBC FILE NUMBER: 160

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:  Oler v. County of San Benito, Superior Court of California, County of San Benito, Case No. CU-21-00039.
SBC FILE NUMBER: 235.6

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 

San Benito County Superior Court Case No. CU-23-00071
SBC FILE NUMBER: 235.6

CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL:
Conference with Legal Counsel - Anticipated Litigation.   
Initiation of litigation pursuant to subdivision (d)(4) of Government Code Section 54956.9
Number of Cases:  2
SBC FILE NUMBER: 235.6

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: Potential for litigation due to claim received from David Zander. Claim available upon request to the Clerk of the Board, 481 Fourth St., Hollister, CA.
SBC FILE NUMBER: 160

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: Potential for litigation as a result of the February 20, 2023 letter received from Michael Durkee, attorney for Bill Lee.  Letter available upon request to the Clerk of the Board, 481 Fourth St., Hollister, CA. 
SBC FIL NUMBER: 160

Adjourn to the next regular meeting of June 13, 2023.