Board of Supervisors

San Joaquin County

MINUTE SUMMARY

 

 

DARIO L. MARENCO

Chairman

Second District

 

VICTOR MOW

Vice Chairman

Third District

 

JACK A. SIEGLOCK

Fourth District

 

LEROY ORNELLAS

Fifth District

 

STEVEN GUTIERREZ

First District

 

 

 

MANUEL LOPEZ

County Administrator

TERRENCE R. DERMODY

 County Counsel

LOIS M. SAHYOUN

Clerk of the Board

 

SAN JOAQUIN COUNTY

BOARD OF SUPERVISORS

Tuesday, September 26, 2006

 

 

A moment of silence was held in memory of Jerry Sherwin who was County Counsel for the years 1973 to 1983.

 

PRESENT: SUPERVISORS ORNELLAS, SIEGLOCK, MOW, GUTIERREZ, AND CHAIRMAN MARENCO.

 

Minutes of the Board of Supervisors’ Meeting of September 19, 2006.  Approved.  Sieglock/Mow/5  B-06-1066

 

APPOINTMENTS TO BOARDS AND COMMISSIONS

9:00 a.m. -       bos - Appointments to Boards & Commissions:

A)  Advisory Water Commission - 2 Positions.  Reappointed Rick Gilmore and David Weisenberger.  Sieglock/Gutierrez/5  B-06-1067

B) Assessment Appeals Board - 2 Positions.  Clerk of the Board to Readvertise.

C) Camanche Regional Park Advisory Board - 1 Position.  Clerk of the Board to Readvertise.

D) Civil Service Commission - 1 Position.  Appointed Anna Patel.  Sieglock/Gutierrez/5  B-06-1068

Appointments to Boards and Commissions (continued)

 

E) Emergency Medical Care Committee - 2 Positions. Clerk of the Board to Readvertise.

F) Local Child Care Planning Council - 1 Position.  Clerk of the Board to Readvertise.

G) Mental Health Board - 1 Position.  Clerk of the Board to Readvertise.

H) Revolving Loan Fund Board of Directors - 1 Position.  Clerk of the Board to Readvertise.

I) Workforce Investment Board - 2 Positions.  Clerk of the Board to Readvertise.

 

 

APPROVE CONSENT ITEMS # 1-17

Consent Items:              #1 – 22. Approved.  Gutierrez/Sieglock/5

 

SCHEDULED MORNING ITEMS

9:00 a.m. -       cdd - Report and Possible Action on Options for the Creation of an Airport Protection Zone at the Stockton Metropolitan Airport. (All Districts)  Director of Community Development Department Kerry Sullivan gave an oral presentation regarding the potential crteation of an Airport Protection Zone at the Stockton Metropolitan Airport.  Andrew Chesley, Executive Director for the San Joaquin Council of Governments, gave background information on the creation of the Airport Land Use Commission.  Attorney Arthur Coon of Miller Starr & Regalia and representing French Camp Investments LLC, and Ben Rishwain, representing other property owners in the airport area, addressed the Board.

Georgianna Reichelt and Elizabeth Campbell addressed the Board regarding the American Legion Post receiving a notice to vacate the property south of the airport.  County Counsel advised that the Board at their previous meeting had already directed the County Administrator and Airport Director to look into this matter and report back to the Board.

9:00 a.m. -       (continued)

The Board directed the Community Development Director to move with the establishment of an Airport Protection Zone, to process the General Plan Amendment and Zone Reclassification for Residential Property to Industrial or Commercial, to look at alternatives at 1 mile, 1-1/4 mile, 1-1/2 mile, 1-3/4 mile and 2 miles, and to look at the “no project” alternative.  Gutierrez/Sieglock/4-1; Ornellas-No   B-06-1087  

 

CONSENT - HEALTH & HUMAN SERVICES

1.                  cao - Children and Families Commission (First 5 San Joaquin) Recommendation for Extension of Funding for the San Joaquin County Office of Education School Readiness Kits Project.  B-06-1069 & A-06-765

2.                  cao - Children and Families Commission (First 5 San Joaquin) Recommendation for Extension of Funding Agreements for the Public Health Services Comprehensive Outreach and Perinatal Education and Nurse Home Visiting Programs.  B-06-1070

3.                  cob - Approve Announcement of 1 Position on the Emergency Medical Care Committee.  B-06-1071

4.                  phs - Approval of Out-of-State Travel to Attend the National Public Health Information Coalition 2006 Annual Conference in Portland, Oregon.  B-06-1072

CONSENT - PUBLIC WORKS

5.                  pw - Acceptance of the Jack Tone Resurfacing Contract and Execution of a Notice of Completion.  R-06-579

6.                  pw - Authorize the Director of Public Works to Sign Agreements Related to the Landscape Management Outreach Partnership and Master Gardener Program.               B-06-1073, A-06-772 & A-06-773

CONSENT - LAW & JUSTICE

7.                  da - Acceptance of Community Giving Grant Award from Target Stores, Inc. to Produce and Distribute Educational Pamphlets from the Family Violence Prevention Outreach Program. (4/5th's Vote Required)  B-06-1074 & B-06-1075

8.                  da - Request for Out-of-State Travel to Participate in the FBI National Academy in Quantico, Virginia.  B-06-1076

9.                  prob - Authorization to Apply for Grant Funding - Corrections Standards Authority.     R-06-580

Consent – Law & Justice (continued)

10.              pub/def - Approval of Contract Personnel for the Public Defender.  A-06-766

CONSENT - GENERAL GOVERNMENT

11.              ag/comm - Approval of Agreement with California Department of Pesticide Regulation for Data Entry and Electronic Submittal of Pesticide Use Reports.  B-06-1077 &            A-06-767

12.              ag/comm - Approval of Agreement for a Pet Adoption Center Between the County, the City of Stockton and Stockton Animal Shelter Friends.  A-06-768 & B-06-1078

13.              ag/comm - Approval of Agreement with the California Department of Food and Agriculture for Pest Exclusion County Nursery Work and Sudden Oak Death Emergency Response Activities.  B-06-1079, A-06-769 & A-06-770

14.              air - Ratification of Acceptance of Federal Airport Improvement Program Grant Offer for Update of Airport Master Plan.  B-06-1080

15.              cdd - Williamson Act Farmland Security Contract and Farmland Security Zone Applications of PA-0600155 and PA-0600156 of Galeazzi, etal. (4th District)  R-06-581 & A-06-771

16.              h/r - Implement Classification Project #05-060 by Creating the New Class of Information Systems Analyst V - Security Officer, Reclassifying One Position of Office Automation Coordinator to Information Systems Analyst V - Security Officer; and Abolishing the Class of Office Automation Coordinator in Information Systems Division.  R-06-582

17.              treas/tax/colltr - Resolution Increasing Cash Difference Fund of the Treasurer-Tax Collector-Revenue and Recovery Division.  R-06-583

DISCUSSION - GENERAL GOVERNMENT

1.                  cao - Approval of Countywide Indirect Cost Rate Guideline.  Supervisor Gutierrez requested that this item be postponed for two weeks to give him the opportunity to talk to community based organizations.  Postponed to October 17, 2006.

2.                  rov - Introduce and Waive the Reading of a New Ordinance for a County Employee Poll Worker Program (Ordinance to be Adopted October 3, 2006) and Increase Poll Workers and Polling Places Stipends and Related Budget Adjustments. (4/5ths Vote Required)  Registrar of Voters Deborah Hench addressed the Board on this matter.  Martha Smith-Sanchez, a resident of Lodi and a County employee, also addressed the Board on this matter.  The Board approved this matter, including budgeting this item on 

Discussion – General Government (continued)

 2.     (continued) a one-time basis and requested that the Registrar of Voters report back to the    Board after the November 7, 2006 election.  Gutierrez/Sieglock/5   B-06-1082 & B-06-1086

 

COMMUNICATIONS

bos -    Received and Referred all Board Communications this date as Outlined on the Communications Distribution Listing.  Approved.  Mow/Sieglock/5  B-06-1081

 

PUBLIC COMMENT

Georgianna Reichelt addressed the Board regarding a recent LAFCO Meeting she attended. 

Eric Washburn of the Local Child Care Planning Council furnished a Community Resource Directory to each of the Board Members.  The directory is updated once a year.

Elaine Brown, a member of TIPS (Taxpayers Improving Public Safety, Sacramento) addressed the Board regarding the large caseloads that case workers in the  Human Service Agency are assigned.

Kathleen Garcia addressed the Board regarding a recent meeting of LAFCO that she attended.  Ms. Garcia referred to a letter mailed out by Bruce Baracco, Executive Director of LAFCO.  She also submitted a petition signed by individuals that do not want to be annexed into the City of Stockton.

Wayne L. Trigg addressed the Board regarding the annexation issue before LAFCO.

Kyle Harvey, President of the California School Employees Association, addressed the Board in support of  the San Joaquin County coalition of workers.  

Stephanie Batey of SEIU and Patrick Ideda addressed the Board regarding ongoing negotiations with the County.

ToCan Nguyen addressed the Board.

 

BOARD OF SUPERVISORS QUESTIONS AND COMMENTS

Supervisor Gutierrez requested, out of courtesy, that the Director of LAFCO notify Board Members of any correspondence that is mailed to an area that is represented by elected representatives. 

 

CLOSED SESSION

CONFERENCE WITH LABOR NEGOTIATOR                                                              

California Government Code Section 54957.6

Agency Negotiator:       Manuel Lopez; Wayne Heine; John Bertke; Geoff Rothman;                              Scott Kenly; Donna Williamson

           

Employee Organizations: SEIU, San Joaquin Deputy Sheriff's Association, San Joaquin County Correctional Officers Association, San Joaquin County Law Enforcement Management Association, Sheriff Deputy Sergeant Association, California Nurses Association, San Joaquin County Management Association, San Joaquin District Attorney Investigator's Association, Union of American Physicians and Dentists, and Unrepresented

 

 

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION                         

           California Government Code Section 54956.9(a)

ROBERTA SANCHEZ vs. SAN JOAQUIN GENERAL HOSPITAL et al.; San Joaquin county Superior Court CV028804

PUBLIC EMPLOYEE APPOINTMENT

            California Government Code Section 54957

            Title:     County Counsel

 

SCHEDULED AFTERNOON ITEMS

1:30 p.m. -       cdd - Public Hearing Regarding Development Title Text Amendment Application No. PA-0600110 of San Joaquin County Concerning Residential Development in Commercial Zones. (All Districts)  Community Development  Deputy Director Chandler Martin briefed the Board on this matter.  Community Development Director Kerry Sullivan responded to questions from Board Members.  Approved.  Mow/Ornellas/5  B-06-1084 & Ordinance #4301

1:30 p.m. -       cdd - Public Hearing Regarding General Plan Map Amendment No. PA-0500396 and Zone Reclassification No. PA-0600073 of Stanley Powers. (C/O Larry Matthews) (2nd District)  Community Development Department Deputy Director  Chandler Martin briefed the Board on this matter.  Mr. Stanley Powers thanked the Board.  Community Development Director Kerry Sullivan responded to Chairman Marenco regarding as to whether or not Mrs. Dondero had been contacted.   Approved.  Sieglock/Ornellas/5  B-06-1085

1:30 p.m. -       cdd - Public Hearing Regarding the Appeal by Robert Caffese of the Planning Commission's Denial of Text Amendment #PA-0600065. (All Districts)  Community Development Department Deputy Director Martin Chandler briefed the Board on this matter. Community Development Director Kerry Sullivan responded to questions from Board Members.  Attorney Mike Hakeem and Mark O’Toole also addressed the Board on this matter.  The Board granted the Appeal and approved the Text Amendment.  Mow/Ornellas/5  B-06-1088 

 

2:12 p.m.          Assistant County Counsel David Wooten announced that the Board would recess back into Closed Session and would return for further action.

3:55 p.m.          The Board returned from Closed Session.  Chairman Marenco directed County Counsel Terrence Dermody to report the action taken by the Board in Closed Session.  Mr. Dermody announced his intention to retire from office effective the end of the day on February 4, 2007.  He further stated that the Board had tentatively determined to select Assistant County Counsel David Wooten effective as the new County Counsel effective February 5, 2007.  Based upon  that tentative determination, the Board directed the County Administrator to meet  with Mr. Wooten to discuss the terms and conditions of employment of Mr. Wooten.  County Administrator Manuel Lopez stated for the record the terms and conditions of Mr. Wooten.  Mr. Wooten concurred with the terms and conditions.  The Board approved the appointment of David Wooten as County Counsel effective February 5, 2007 under the conditions and terms as announced.  The Board directed the County Administrator to prepare the contract for the Board’s approval at the Board Meeting of October 3, 2006. Sieglock/Ornellas/5

                         

 

                        ADJOURNED TO TUESDAY, OCTOBER 3, 2006 AT 9:00 A.M.

 

Sieglock/Gutierrez/5   B-06-1083

 

Note:  If you need disability-related modification or accommodation in order to participate in this meeting, please contact the Clerk of the Board of Supervisors at (209) 468-2350 at least 48 hours prior to the start of the meeting.  Government Code Section 54954.2(a).