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
 
September 13, 2022 - 9:00 AM
 
Board of Supervisors
Betsy Dirks
Kollin Kosmicki - Vice Chair
Peter Hernandez - Chair
Bob Tiffany
Bea Gonzales
 
San Benito Logo


SAN BENITO COUNTY
BOARD OF SUPERVISORS

 


Betsy Dirks
District No. 1
Kollin Kosmicki
District No. 2
Vice Chair
Peter Hernandez
District No. 3
Chair
Bob Tiffany
District No. 4
Bea Gonzales
District No. 5
 

Board of Supervisors Chambers 481 Fourth Street, Hollister, CA 95023
BOARD OF SUPERVISORS - REGULAR MEETING- POSTED AND FINAL
SEPTEMBER 13, 2022
9:00 AM
Mission Statement 
To adopt policies that reflect the goals and priorities of the community, design a network of services that prioritizes public safety, equality, and economic vibrancy while balancing commitments to the region's rich history and prosperous future.
The San Benito County Board of Supervisors welcomes you to this meeting and encourages your participation.
  • If you wish to speak on a matter which does not appear on the agenda, you may do so during the Public Comment period at the beginning of the meeting. Please complete a Speaker Card and provide it to the Clerk of the Board prior to the meeting. Except as otherwise provided by law, no action shall be taken on any item not appearing on the agenda. When addressing the Board, please state your name for the record. Please address the Board as a whole through the Chair.
  • If you wish to speak on an item contained in the agenda please complete a Speaker Card identifying the item(s) and provide it to the Clerk of the Board prior to consideration of the item.
 
Each individual speaker will be limited to a presentation total of (3) minutes.
CALL TO ORDER
a. Pledge of Allegiance
 

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

 
 
b. Acknowledge Certificate of Posting
 

Acknowledge Certificate of Posting

 
 
Certificate of Posting 9.13.22
c. NOTICE OF TEMPORARY PROCEDURES FOR BOARD OF SUPERVISOR MEETING

Pursuant to California Governor Gavin Newsom’s Executive Order N-29-20 issued on March 17, 2020, relating to the convening of public meetings in response to the COVID-19 pandemic. Additionally, members of the Board of Supervisors are allowed to attend the meeting via teleconference and to participate in the meeting to the same extent as if they were present. 

 

The meetings are open to the public, under the following conditions: All Attendees may attend the Board meeting in person and follow the State guidelines. If an attendee is not fully vaccinated it is highly recommended that an attendee wears a face covering or face shield. All attendees must comply with any other rules of procedures/instructions announced by the Board of Supervisors and/or County Staff. The meeting will be available through Zoom and YouTube for those who wish to join or require accommodations with the instructions below:

 

This meeting can be accessed in the following methods:

1.    Through Zoom (https://zoom.us/join) per the instruction stated below, and other methods as described further below; and

 

Webinar ID: 898 8953 7906

Webinar Password:  258769

 

2.    Remote live stream on CMAP you tube channel and the County’s Social Media Page. (If available for the meeting).

Participating by Zoom:

Three ways to attend Zoom meetings:  on a web browserthrough the Zoom App, or over the phone. Each webinar will have a webinar ID and password, which is a unique number associated with an instant or scheduled meeting (found at the top of this text). The chat feature is disabled for all participants.  Additionally, the video function is not available to the public.

A.  Zoom on Web-browser:

a.    If joining through web-browser, launch the address https://zoom.us/join or open the direct link listed below: https://zoom.us

B. Or launch the Zoom app on your Tablet or Smartphone:

b.      Select “JOIN A MEETING”

c.        The participant will be prompted to enter Webinar ID and Password listed above and name to join the meeting.  The meeting agenda can be found at https://www.cosb.us/

d.      The participant can launch audio through their computer or set it up through the phone.

e.        Public Comment: Select the “Participants Tab” and click “Raise hand” icon, and the Zoom facilitator will unmute you when your turn arrives.

C.    Zoom Audio Only (phone):

a.    If you are calling in as audio-only, please dial US: +1 669 900 6833 or +1 408 638 0968

b.    It will ask you to enter the Webinar ID listed above, followed by the “#” key (pound key), then enter Webinar Password listed above at the top page of the agenda. The meeting agenda can be found at https://www.cosb.us/

c.     It will then ask for a Participant ID, press the “#” key (pound key) to continue.

d.    Once you enter the Zoom meeting, you will automatically be placed on mute.

e.    Public Comment: If you are using a phone, please press “*9” (star-nine) to raise your hand, and the Zoom facilitator will unmute you when your turn arrives.

Remote Viewing:

Members of the public who wish to watch the meeting can view a livestream of the meeting online through either the:

A.   San Benito County Facebook Page: https://www.facebook.com/sbccalifornia

B.   Community Media Access Partnership (CMAP) YouTube Page: https://www.youtube.com/channel/UCLj3iW3_dsDzbYqnY1KdCvA.

Written Comments & Email Public Comment

Members of the public may submit comments via email by 5:00 PM on the Monday prior to the Board of Supervisor's meeting to the Clerk of the Board at 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.   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

d. Presentations and Recognitions
e. Department Head Announcements: Information Only
f. Board Announcements: Future Agenda Items and Committee Updates
 

FUTURE AGENDA ITEMS

 
 
Future Agenda Items

g. Public Comment
Opportunity to address the Board on items of interest not appearing on the agenda.
No action may be taken unless provided by Govt. Code Section 54954.2.


1.
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

 
1.1

COUNTY ADMINISTRATION OFFICE - R. ESPINOSA
Update on the Director of Behavioral Health recruitment.
SBC FILE NUMBER: 630

 
 
BHA Director Recruitment Update
1.2

RESOURCE MANAGEMENT AGENCY - A. PRADO, ASST. DIRECTOR - PLANNING AND BUILDING
Adopt resolution to initiate a General Plan amendment process to eliminate or modify the New Community Study Areas from the 2035 San Benito County General Plan, and provide additional direction to staff regarding possible urgency ordinance.    
SBC FILE NUMBER: 790
RESOLUTION NO.: 2022-103

 
 
SBCC 19.29.003
Gov Code 65858
New Community Study Area excerpt of 2035 General Plan pp. 73-81
New Community Study Area Map
RESpc_2022-_to_Initiate_GPANewCommunityStudyAreas_20220913
1.3

COUNTY ADMINISTRATION OFFICE – R. ESPINOSA
Accept informational presentations on county-wide communications strategies and top priorities for the Public Information Officer (PIO), and provide direction if desired.
SBC FILE NUMBER: 119

 
 
Communications Strategy Presentation
1.4

SHERIFF'S OFFICE - E. TAYLOR
Review Sheriff's Policy Number 708, Military Equipment pursuant to Assembly Bill 481 and provide direction to staff.
SBC FILE NUMBER: 110

 
 
Military Equipment Policy #708
SBCSO AB 481 Inventory
SBCSO Equipment Justificatoin AB 481
PowerPoint Presentation
2.
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.

 
2.1

AGRICULTURAL COMMISSIONER - K. OVERSTREET
Approve State contract, 22-1119-000-SA, for nursery stock inspection activities, from July 1, 2022 through June 30, 2023 for a total contract value of  $1,006.00.
SBC FILE NUMBER: 1.1

 
 
Nursery Agreement 22-1119-000-SA
2.2

AUDITOR-CONTROLLER - J.P. GONZALEZ
Adopt Resolution Fixing and Levying Fiscal Year 2022-2023 General and Debt Service Taxes and Special Assessments.
SBC FILE NUMBER: 608
RESOLUTION NO: 2022-105

 
 
APPENDIX A
FY 22-23 Tax Rate Resolution
2.3

BOARD OF SUPERVISORS
Waive first reading, motion to accept introduction, waive further reading, and continue the matter to September 27, 2022, for the adoption of the proposed ordinance: An ordinance of the County of San Benito adding Chapter "Microenterprise Home Kitchen Operations" to Title 7 of the San Benito County Code of Ordinances temporarily authorizing a Microenterprise Home Kitchen Operations Program throughout the County of San Benito and incorporating by reference to the Health and Safety Code sections 113789, 113825, 114367, 114367.1 - 114367.6 and 114390.
SBC FILE NUMBER: 156
ORDINANCE: 1046

 
 
Assembly Bill 377
Assembly Bill 626
MEHKO General Permit Requirements
MEHKO Internet Food Service Intermediary General Requirements
Proposed Ordinance Microenterpise Home Kitchen Operations
2.4

BOARD OF SUPERVISORS
Adopt a resolution recognizing September 17, 2022, as Constitution Day, commemorating the formation and signing of the U.S. Constitution on September 17, 1787.
SBC FILE NUMBER: 156

RESOLUTION NO.: 2022-106

 
 
US Constitution-Senate Publication 103-21
Proposed Resolution Constitution Day
2.5

BOARD OF SUPERVISORS
Approve letter of support for SB 490-Buy American Food addressed to Governor Newsom.
SBC FILE NUMBER: 156

 
 
SB 490 Buy America Fact Sheet
SB 490 Support Letter_Buy American Food.pdf
2.6

CLERK OF THE BOARD OF SUPERVISORS - V. DELGADO
Approve the action minutes of the August 16, 2022 Special Meeting and the August 23, 2022 Regular Meeting.
SBC FILE NUMBER: 119

 
 
Minutes Special Meeting 8.16.22
Minutes Regular Meeting 8.23.22
2.7

COUNTY ADMINISTRATION OFFICE - R. ESPINOSA
Adopt proposed resolution authorizing teleconferencing options for meetings of the Board of Supervisors for the period of September 13, 2022 through October 13, 2022, pursuant to AB 361.
SBC FILE NUMBER: 119
RESOLUTION NO. 2022-107

 
 
Resolution re Teleconferencing
2.8

COUNTY ADMINISTRATION OFFICE - R.ESPINOSA
Adopt resolution designating the County Administrative Officer or designee to execute documents on behalf of the County of San Benito to request and obtain financial and/or technical assistance for facilitating broadband network and infrastructure projects in San Benito County. 

SBC FILE NUMBER: 119

RESOLUTION NO.: 2022-108

 
 
Proposed Resolution Acceptance of LATA Grant
LATA Live Webinar 8-2-22 Slides
GSCA LATA LOS for Members
Notarized Afidavit San Benito County
Bios - Prof. Network Design Services
San Benito CAO LOS
GSCA LATA Agreements - County of San Benito
LATA Grant Application County of San Benito
County of San Benito Census Blocks
County of San Benito Map
2.9

COUNTY ADMINISTRATION OFFICE - R. ESPINOSA
Approve the appointment of Henie Ring to serve as an alternative on the Operations Board on behalf of San Benito County on the Central Coast Community Energy (3CE), Joint Exercise of Power Agreements (JPA).
SBC FILE NUMBER: 156

 
 
Letter to Designate Alternative Designee
2.10

COUNTY COUNSEL - B. THOMPSON
Approve Amendment No. 2 with Hefner, Stark & Marois, LLP for landfill related services for a new not-to-exceed amount of $245,000.00 (cost covered by landfill operator and County).
SBC FILE NUMBER: 160

 
 
Signed_Hefner_Amendment_2.pdf
2.11

HEALTH AND HUMAN SERVICES AGENCY - T. BELTON
Approve the Continuum of Care (CoC) Grant Agreement in the amount of $308,619.00 to provide housing, support services and case management to eligible homeless individuals and families, for the period of April 1, 2022 through March 31, 2023; and authorize the HHSA Director or Deputy Director to approve and execute the grant agreement and any amendments thereto, and any other documents related to the grant.
SBC FILE NUMBER: 130

 
 
San Francisco Award Letter FY2021
Continuum of Care Grant Agreement
2.12

HEALTH AND HUMAN SERVICES AGENCY- T. BELTON  
Approve the Community Services Block Grant (CSBG) 22F-5034 Discretionary Amendment #1 between the County of San Benito and the State Community Services and Development in the amount of $309,942.00 reflecting an increase of $4,644.00 and approve the Budget Adjustment in the amount of $2,750.00 (4/5 vote).

SBC FILE NUMBER: 130

 
 
22F-5034 CSBG Budget Adj form
2022 CSBG 22F-5034 Amend 1 - Contract
2.13

PROBATION - J. FRONTELLA, JR.
Approve the purchase of Thermo Scientific Portable Instrument (TruNarc) handheld drug detection machine for the amount of $30,866.99, pursuant to GSA Contract No. GS-07F-6099R under the authority of the GSA Cooperative Purchasing Program, to be funded by AB 109 2011 Public Safety Realignment Grant and approved by the Community Corrections Partnership (CCP) Executive Team.
SBC FILE NUMBER: 510

 
 
Thermo Scientific Invoice
Purchase Order
Contract No. GS-07F-6988R
Minutes 4-4-22 CCP Meeting - APPROVED
2.14

RESOURCE MANAGEMENT AGENCY - S. LOUPE, ASSISTANT DIRECTOR PUBLIC WORKS
Adopt continuing Resolution confirming the RMA Director's authority to enter into emergency repair and replacement contracts to remediate a local emergency, pursuant to Public Contracts Code Section 22050, without adoption of plans and specifications or competitive bidding; finding that there is a need to continue emergency action; and finding emergency repair and replacement work exempt from CEQA under CEQA Guidelines Section 15269(d), as emergency projects within the rights of way of existing County and State highways damaged by flooding and storm events. No new costs are being incurred or authorized by this action. (4/5 vote required)
SBC FILE NUMBER: 75.5
RESOLUTION NO: 2022-110

 
 
Board Resolution
2.15

RESOURCE MANAGEMENT AGENCY- S. LOUPE, ASSISTANT DIRECTOR PUBLIC WORKS
Approve contract with Pacific Coast Sales and Service Inc. (Pacific Coast Trane Services) for routine maintenance and inspections on the proprietary TRANE HVAC system at the County Jail, to comply with warranty provisions, in an amount not to exceed $223,363.00, for five years of service beginning on July 1, 2022 and ending on June 30, 2026.
SBC FILE NUMBER: 105

 
 
Pacific Coast Trane - SBC Jail HVAC Maintenenace Services - Exp 6.30.26.pdf
2.16

SHERIFF'S OFFICE - E. TAYLOR
Approve an appropriation/ revenue increase and interdepartmental transfer in the amount of $62,000.00 to RMA's CIP/Equipment from Sheriff's Jail FY 2021-22 operating budget for a replacement water heater at the jail. (4/5 vote).
SBC FILE NUMBER: 110

 
 
CIP Budget Adjustment
2.17

TREASURER/TAX COLLECTOR/PUBLIC ADMINISTRATOR - M. CASILLAS
Receive and approve the monthly Treasurer's Portfolio Report for July 2022. The Treasurer's Portfolio Report contains the activity and balances of the operating accounts and investments of the Treasury. The total portfolio as of July 31, 2022 was $272,046,367 The focus of the Treasurer's portfolio follows the Government Codes 53600 et seq. mandates in the order of 1) safety, 2) liquidity and 3) return. The Treasurer follows the Board approved Investment Policy 2022.
SBC FILE NUMBER: 685.2

 
 
BOS JULY 2022 Portfolio Report
2.18

TREASURER/TAX COLLECTOR/PUBLIC ADMINISTRATOR - M. CASILLAS
Accept Fiscal Year Ended 06/30/2022 report of the activity of the Treasurer & Tax Collector's offices.
SBC FILE NUMBER: 685.2

 
 
FYE 6302022
3.
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.)

 
3.1

CLOSED SESSION - PUBLIC EMPLOYEE DISCIPLINE / DISMISSAL / RELEASE
County Counsel - B. Thompson Closed Session.  Public Employee Discipline / Dismissal/Release  Government Code 54957.   

 
 
3.2

CLOSED SESSION -  CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION
Hold closed session
No of cases: (1) one

 
 
ADJOURNMENT
 

Adjourn to the next regular meeting of September 27, 2022.

 
 
NOTE: A copy of this Agenda is published, along with supportive documents, on the County's Web site on the Wednesday preceding each Board meeting and may be viewed at www.cosb.us/government/meetings-agendas/. All proposed agenda items with supportive documents are also available for viewing at the San Benito County Administration Building, 481 Fourth Street, Hollister, CA between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday (except holidays). This is the same packet that the Board of Supervisors reviews and discusses at each Board meeting.

As required by Gov. Code Section 54957.5 any public record distributed to the Board of Supervisors less than 72 hours prior to this meeting in connection with any agenda item shall be made available for public inspection at the office of the Clerk of the Board, San Benito County Administration Building, 481 Fourth Street, Hollister, CA 95023. Public records distributed during the meeting will be available for public inspection at the meeting if prepared by the County. If the public record is prepared by some other person and distributed at the meeting it will be made available for public inspection following the meeting at the office of the Clerk of the Board.

In compliance with the Americans with Disabilities Act (ADA) the Board of Supervisors meeting facility is accessible to persons with disabilities. If you need special assistance to participate in this meeting, please contact the Clerk of the Board's office at (831) 636-4000 at least 48 hours before the meeting to enable the County to make reasonable arrangements to ensure accessibility.