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San Benito
June 21, 2024

Agenda: Assisted living facility, pothole repairs, landfill, grand jury

San Benito County supervisors will meet at 9 a.m. Tuesday at the County Administration Building, 481 Fourth St., to consider the following:

Assisted living facility reimbursement agreement                        

The agenda item Tuesday would approve a contract with EMC Planning Group for environmental review services for the preparation of an “Assisted Living Facility Project” located at 3586 Airline Highway for the term of April 16, 2019 through June 30, 2020 in the amount not to exceed $49,746.50. It is proposed by John Wynn and Nader Javid.

The proposed project is an assisted-care facility with 155 rooms and 180 beds in two three-story buildings with a combined interior area of approximately 136,367 square feet, according to the county board agenda. Sunnyslope County Water District (SSCWD) has indicated it has capacity to serve the project’s water demand and sewer treatment needs, according to the agenda.

According to the agenda summary:

The seven-acre project site is located at 3586 Airline Highway, southeast of Hollister in unincorporated San Benito County. There is an existing residence on the site, which is roughly 200 feet from a seasonal creek that runs along the lower end of a 12- to 20-percent slope.               

Access to the project site and existing residence is via an existing private drive connecting the project site to Airline Highway (State Route 25). This driveway also provides access to a rural residential lot and the Sunnyslope County Water District main office immediately north of the project site. Other surrounding land uses include the Cielo Vista neighborhood to the northeast, the Ridgemark neighborhood with residences and golf course to the south, proposed commercial uses to the southeast, and the Quail Hollow and Oak Creek neighborhoods to the west.   

The project site general plan designation is Residential Mixed (RM); therefore, the site may be considered eligible for “an unincorporated village or neighborhood atmosphere composed primarily of residential land uses” with up to 20 dwelling units per acre and “with some commercial uses serving the residences,” according to the county.

John Smith Road Landfill capacity

With concern over the growing height of the John Smith Road Landfill, county officials will discuss the matter.

According to the agenda:

The Landfill Ad Hoc Committee, comprised of Supervisor Jim Gillio and Supervisor Anthony Botelho, recommended that Lewis Engineering conduct an independent Landfill Disposal Capacity Study of the John Smith Road Landfill and review disposal capacity more frequently to more closely monitor disposal capacity. The Ad Hoc Committee believed it is important to have the county conduct its own disposal capacity analysis, independent from the annual Disposal Capacity Report prepared by a WCI contracted company because of the trend of sharply declining disposal capacity data provided by WCI and the uncertainty over the accuracy of the disposal capacity data. IWM staff will monitor the reports and provide the data to the Landfill Ad hoc Committee upon completion of the disposal capacity reports.

Pothole repairs

County officials are proposing to spend $980,000 on pothole repairs following the rainy winter. Supervisors will consider a list of roads that cover about 75 miles in the county.

Here’s the list below followed by more agenda items

Ridgemark development

County supervisors will consider a contract with EMC Planning Group for the preparation of environmental impact review documents for the Ridgemark Golf Course Master Plan and Tentative Subdivision Map for the term of April 16, 2019 through June 30, 2020 in the amount not to exceed $292,435.

According to the agenda:

On May 22, 2018 the Board of Supervisors approved a Reimbursement Agreement with Angels Company, LLC for full reimbursement of county costs related to the proposed project within the Ridgemark Golf Course Subdivision. Approximately 18 acres of the land will be divided into 190 single-family residential lots.  The proposed development also includes 161,500 square feet of non-residential developments which will be two hotels and golf course maintenance and support facilities.

A Master Plan Environmental Impact Review (EIR) is required to be performed to ensure that California Environmental Quality Act (CEQA) Statutes and Guidelines are met. The purpose of the EIR is to evaluate the possible physical impacts this land development may have on the surrounding areas.

Annexation off Santa Ana Road

According to the agenda:

This agenda item is to start the process with LAFCO’s approval for the annexation of the Meadow at Gardenia Lane (Klauer) Subdivision into existing CSA No. 24. The subdivision contains six residential lots, with a total 7.61 acres. Once this annexation, together with the Nguyen Subdivision annexation (which was initialed by the Board of Supervisors at the March 5, 2019 Meeting) is complete, CSA No. 24 will contain 40 lots, with a total of 44.09 acres.

San Juan Oaks amendment to lock in impact fees

According to the agenda:

The applicant is requesting to modify the terms of the 2015 Development Agreement by offering to pay the negotiated Community Benefit Fee (CBF) of $5,559,000 “upfront” with a $500,000 enhancement.  The Development Agreement currently allows the developer to phase in this expense over subdivision map phases (over several years) of the project. The County would be free to apply this $6,059,000 of immediate money to the general fund and is not encumbered by a contractual assignment of these potential financial resources. In trade, the applicant is asking to extend the term that development Impact Fees would remain locked in at the rates of the 2014 Impact fee schedule to March 31, 2029.

Presentation from Assemblyman Robert Rivas

The first-term assemblyman representing San Benito County, and a former supervisor, will give a presentation. There were no specifics included with the agenda

Outside attorneys for lawsuits

San Benito County previously entered into a contract with Renne Sloan Holtzman Sakai LLP (which changed to Sloan Sakai Yeung & Wong LLP effective March 1, 2018) on Jan. 23, 2018 to provide legal representation in the matter of Rose et al. vs. County of San Benito. An amendment to the contract was approved on Dec. 11, 2018, which added an additional $95,000 for a total contract amount not to exceed $245,000, plus reasonable costs. On Tuesday, the staff is recommending that the county now retain Renne Public Law Group to further represent the county in the matter. Retired county employees Mandy Rose and Margie Riopel sued in 2017 claiming they should receive full retirement benefits as they had while permanently employed.

Additionally, the county will consider increasing outside legal costs from $25,000 to $200,000 for legal action against Disability Rights California. There is a lawsuit in the San Benito County Superior Court, while the defendants in that action have filed a separate complaint against the county in federal court, Disability Rights California v. County of San Benito et.al., U.S. District Court, Northern District of California San Jose Division, according to the board agenda.

Grand jury compensation

On April 2, the board requested that the Grand Jury Ordinance be brought back for discussion regarding grand juror compensation.

According to the agenda:

The fee/compensation for grand jurors shall be $15 a day for each day’s attendance at a called meeting of the entire Grand Jury, and the mileage reimbursement applicable to county employees for each mile actually traveled in attending a called meeting of the entire Grand Jury, or at such increased rate as state law may hereinafter establish.

Members of the Grand Jury shall be reimbursed for actual travel expenses incurred for out-of-county travel to attend grand juror training, upon advance authorization of the foreperson and the County Administrative Officer, and not to exceed the amount budgeted for training in the Grand Jury’s annual budget.

County supervisors part time vs. full time

Board Chairman Mark Medina is requesting a conversation on prospects to move supervisors from part-time to full-time positions.

For the full agenda, go here.