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
February 6, 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
FEBRUARY 6, 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: 850 8976 3710
                                                    Webinar Password:  550062
 
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 Kollin Kosmicki District # 2.

 
 

b. Acknowledge Certificate of Posting


 

Acknowledge Certificate of Posting

 
 
Cert. of Posting Regular Mtg. 02.06.24

c. Presentations and Recognitions


 

BOARD OF SUPERVISORS
Approve proclamation recognizing the month of February 2024 as National Children's Dental Health Month.
SBC FILE NUMBER:  156

 
 
National Children's Dental Health Month
 

BOARD OF SUPERVISORS
Approve the Proclamation designating February 2024 as Civil Grand Jury Awareness Month in San Benito County in recognition of the time and effort that the Civil Grand Jury continually makes to support the community. 
SBC FILE NUMBER: 156

 
 
Grand Jury Month 2024
California Grand Jurors Association (CGJA) History

d. Department Head Announcements: Information Only


 

ROADS UPDATES

 
 
Project-Roads Updates

e. Board Announcements and 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

AGRICULTURAL COMMISSIONER- K. GRIFFIN, ACTING AGRICULTURAL COMMISSIONER
Approve contract 22-1694-027, with the California Department of Food and Agriculture (CDFA) for exotic insect pest detection trapping activities, from July 1,2023 through June 30,2024 in the amount of $79,002.00; and authorize the Agricultural Commissioner to sign the contract. This agreement was received from CDFA on January 5, 2024. 
SBC FILE NUMBER:1.1

 
 
23-24 PD Agreement 22-1694-027-SF
1.2

BEHAVIORAL HEALTH DEPARTMENT – D. EDGULL
Adopt Resolution ratifying the submittal of a grant application and accepting the California Health Facilities Financing Authority (CHFFA) funding allocation in the amount $539,477.000 and authorize the Behavioral Health Director to execute the grant agreement and delegate authority to the Behavioral Health Director to act on the county’s behalf to carry out and consummate all transactions contemplated. CHFFA will allocate $346,740.00 for capital costs for one year and $197,737.00 to support team personnel costs for up to five years. The purpose of this grant is to support the creation of a mobile crisis support team for children and youth.
SBC FILE NUMBER: 810
RESOLUTION NO.: 2024-7

 
 
CHFFA Resolution
Fully Executed Resolution - No.2024-7 CHFFA
1.3

BOARD OF SUPERVISORS
Approve the appointments of Philip M Geiger, Christina Andrade, Bill Proulx, Maria Magana,Danny Barrera, Jr., and Jeffrey Oropeza to the Aging and Long-Term Care Commission for the term beginning February 6, 2024 through February 6, 2027.
SBC FILE NUMBER: 156

 
 
Aging and Long Term Care Commission Application - Philip Geiger
Aging and Long Term Care Commission Application - Bill Proux
Aging and Long Term Care Commission Application - Christina Andrade
Aging and Long Term Care Commission Application - Maria Magana
Aging and Long Term Care Commission Application - Danny Barrera Jr.
Aging and Long Term Care Commission Application - Jeffrey Oropeza
1.4

BOARD OF SUPERVISORS
Re-Appoint Supervisors to the 150th Anniversary Ad Hoc, Health Care/Hazel Hawkins Hospital Ad Hoc, Communication Infrastructure Ad Hoc, Drought and Water Ad Hoc, the Santana Ranch Ad Hoc, the Public Defender Ad Hoc, and the Financial Ad Hoc and Re-Appoint Supervisor Sotelo to the Remote Access Network Board (RAN) and Supervisors Kosmicki and Gonzales to the San Benito County Conservation Plan Public Advisory Committee.
SBC FILE NUMBER: 156

 
 
AD HOC COMMITTEE 2024
SBCCP PAC Statement Of Purpose
Remote Access Network Board RAN By Laws
1.5

CLERK OF THE BOARD - V. DELGADO
Approve the action minutes of the January 16, 2024 Regular Meeting.
SBC FILE NUMBER: 156

 
 
Board of Supervisor Minutes 1.16.24
1.6

DISTRICT ATTORNEY - J. BUCKINGHAM
Adopt Resolution accepting grant funds from the California Office of Emergency Services (CalOES) in the amount of $202,545.00 for the Violence Against Women Vertical Prosecution Program (VV23).  The award is retroactive with the performance period to begin January 1, 2024 through December 31, 2024.  The award notification was received January 4, 2024.  Approve the Budget Adjustment in the amount of $101,272.00 to reflect grant revenues from January 1, 2024 through June 30, 2024. (4/5 vote required)
SBC FILE NUMBER: 205
RESOLUTION NO. 2024-8

 
 
Resolution - DA CALOES Grant Funds 2024
Budget Adjustment - DA CALOES Grant VV23
VV23 01 0350 - Approved SUBAWARD
Fully Executed Resolution - No.2024-8 DA CALOES Grant Funds 2024
1.7

HUMAN RESOURCES - H. RING
Approve the new classification of Social Service Program Manager in the Health and Human Services Agency and set the salary at $7,059.81 to $9,464.65 monthly.  This classification will be utilized in the Children and Adult Services Division and/or Workforce Development Division and is to assist the Health and Human Services Deputy Director in planning, organizing, and supervising the work of Social Workers and support staff in their assigned units. 
SBC FILE NUMBER: 630

 
 
Social Services Program Manager
1.8

PROBATION DEPARTMENT - A. CANEZ
Adopt Resolution to revert the Probation Department business hours to 8:00AM to 5:00PM.
SBC FILE NUMBER: 510

RESOLUTION NO.: 2024-9

 
 
Resolution SBC Probation Department Business Hours 2024
BOS Staff Report 12-12-2003
Resolution 2023-165 SBC County Department Business Hours
Fully Executed Resolution - No. 2024-9 Probation Dept Business Hours 2024
1.9

RESOURCE MANAGEMENT AGENCY - S. LOUPE, PUBLIC WORKS ADMINISTRATOR
Acknowledge the completion of construction, authorize and direct the Resource Management Agency Public Works Administrator to sign, record and file the Notice of Completion for the PWB-1910 Cienega Road PM 13.92 & Cienega Road PM 14.08 Roadway Embankment Reconstruction.
SBC FILE NUMBER: 105.3

 
 
Notice of Completion - PWB 1910
1.10

RESOURCE MANAGEMENT AGENCY- S. LOUPE, PUBLIC WORKS ADMINISTRATOR
Approve a capital budget adjustment to purchase a 2024 utility truck for an amount not to exceed $80,000.00 for the Facilities/Grounds Maintenance department by re-allocating $60,000.00 in approved capital equipment budget for a boom lift and a forklift to the 2024 utility truck and, transferring $20,000.00 from the approved operating budget for the vehicle lease account to the fixed asset equipment other than computer account.  (4/5 vote required)
SBC FILE NUMBER: 105.3

 
 
Budget Adjustment - 80K BDG MAINT UTL TRUCK
1.11

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: 2024-10

 
 
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
Fully Executed Resolution - No. 2024-10 Emergency Road Repairs for March 2023
1.12

RESOURCE MANAGEMENT AGENCY – S. LOUPE, PUBLIC WORKS ADMINISTRATOR
Approve Budget Adjustments to add $4,000.00 for Santa Ana/Holliday Estates (CSA #16) and $81,000.00 for Santana Ranch (CFD 2015-01) to their Services and Supplies Budget due to higher than anticipated landscape maintenance and outside consultant costs.
The proposed expenditure increases will be covered by the current year's benefit assessment fees for each CSA/CFD. (4/5 vote required)
SBC FILE NUMBER: 575

 
 
Budget Adjustment - Holliday Estate & Santana Ranch
Fully Executed Budget Adj - Holliday Estate & Santana Ranch
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

BOARD OF SUPERVISORS
Receive informational presentations on the San Benito Leadership Institute Program and provide staff direction if desired.
SBC FILE NUMBER: 156

 
 
Presentation San Benito Leadership Institute
Leadership Institute Flyer
2.2

RESOURCE MANAGEMENT AGENCY - S. LOUPE, PUBLIC WORKS ADMINISTRATOR
Receive a presentation on the Regional Climate Project Working Group's grant funded project titled Advancing Equitable, Shared Governance for Monterey Bay Regional Climate Investment Decision-Making; and recommend a member of the Board of Supervisors to participate in three meetings to complete the scope of this grant award and to champion future environmental justice initiatives that come before the Board of Supervisors.
SBC FILE NUMBER: 142

 
 
USDN Grant Presentation
MOU EF23 USDN City of Santa Cruz - Fully Executed 01.03.24
RCPWG Interim Charter - 2.6.2023
3.

PUBLIC HEARING

 
3.1

RESOURCE MANAGMENT AGENCY- A. PRADO, PLANNING AND BUILDING DIRECTOR
(To be heard at 1:30 p.m. or as soon thereafter as the matter may be heard.)
Hold a public hearing and consider adopting a resolution amending General Plan mapping and text for removal of New Community Study Areas (NCSAs) from maps found in the San Benito County 2035 General Plan Land Use Element and removal of related New Community policy text throughout the General Plan (project also known as County Planning file REF230001).
SBC FILE NUMBER: 790
RESOLUTION NO.: 2024-11

 
 
Visual Presentation (main slides)
Board Resolution (34 pages)
Staff Report to Planning Commission, December 13, 2023
Planning Commission Resolution 2023-17, adopted December 13, 2023
Hollister Free Lance publication of public notice, January 26, 2024
Visual Presentation (supplemental slides)
Fully Executed Resolution - No. 2024-11 New Community Study Areas
3.2

RESOURCE MANAGEMENT AGENCY – S. LOUPE, PUBLIC WORKS ADMINISTRATOR
(To be heard at 1:30 PM or as soon thereafter as the matter may be heard)
Accept a presentation and hold a public hearing to introduce and waive the first reading of the ordinance transitioning from Non-Exclusive Franchise Agreements to Hauling Permits and direct staff to hold a second hearing for adoption at the February 27, 2024 meeting. Adopt a Memorandum of Understanding between the Integrated Waste Management Regional Agency Members for the establishment of a Hauler Permit System and authorize the chair to sign. 
SBC DEPT FILE NUMBER: 142
ORDINANCE NO.:1063

 
 
Ordinance RE Non-Exclusive Franchise Hauling Permit System
MOU IWM Regional Agency - Non-Exclusive Permit System for Solid Waste Collection
DRAFT COSB Permit - Non-Exclusive Permit System for Solid Waste Collection
01.26.24 Public Hearing Notice - Ordinance Amendment for Chapter 15.01.041 Collection Franchise
02.06.24 Non-Exclusive Franchise Hauling Permit System Presentation
Fully Executed MOU - IWM Regional Agency
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- CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9, subds. (a) and (d)(1).  Number of Cases: 1
Name of Case:  In re: San Benito Health Care District dba Hazel Hawkins Memorial Hospital, United States Bankruptcy Court, Northern District of California, San Jose Division, Case No. 23-50544-SLJ
SBC FILE NUMBER: 235.6

 
 
4.2

CLOSED SESSION - PUBLIC EMPLOYEE APPOINTMENT
Title: San Benito County Agricultural Commissioner

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

 
 
4.3

CLOSED SESSION - CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Dania Torres Wong, Carol Allen, Burke Dunphy, Ray Espinosa, Henie Ring, David Prentice, and Elvia Barocio
Employee Organizations:
     Institutions Association
     Law Enforcement Management
     Management Employees' Group
     SEIU 521 (General Unit)
     Deputy Sheriff's Association
     Confidential Employees
     Confidential Management Employees
     Appointed Department Heads
     Unrepresented Employees
     SEIU Local 2015 (IHSS Workers)
Authority:  California Government Code Section 54957.6
SBC FILE NUMBER: 235.6

 
 
4.4

CLOSED SESSION PURSUANT TO SECTION 54956.95: WORKERS' COMPENSATION LIABILITY
Claim No. TIBG-549887
Agency claimed against:  San Benito County - (member Trindel Insurance Fund)

 
 
4.5

CLOSED SESSION - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation - No. of cases 1 (Gov. Code sec 54956.9 (d)(2), (e)(1); County Counsel David Prentice.
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

 
 
Request - Event-Low Impact Camping Future AIT
Request - Paperless-Go Green Initiative Future AIT
Future Agenda Items - Current List
Future Agenda Items Request Form - Board Members

ADJOURNMENT


 

Adjourn to the next regular meeting of February 27, 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.