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, October 31, 2006

 

 

A moment of silence was held in honor of Blaine Hill who recently passed away.

 

PRESENT: SUPERVISOR ORNELLAS, SIEGLOCK, MOW, GUTIERREZ, AND CHAIRMAN MARENCO

 

Minutes of the Board of Supervisors' Meeting of October 24, 2006.  Approved.  Sieglock/Mow/5    B-06-1182

 

9:05 a.m.          The Board went into Closed Session and returned at 9:36 a.m.

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 - ANTICIPATED LITIGATION

Closed Session (continued)                          

Significant exposure to litigation pursuant to California Government Code Section 54956.9(a):  one case

 

SCHEDULED MORNING ITEMS

9:00 a.m. -       cao - State Advocacy Annual Legislative Report.  Legislative Advocate Don Peterson of Peterson Consulting, Inc. addressed the Board on this matter.

9:55 a.m.        The Board Chambers and Courthouse were vacated due to a fire alarm.

10:38 a.m.        The Board reconvened the meeting.

9:00 a.m. -       cao - Federal Advocacy Annual Legislative and Budgetary Report.  Paul Sweet of Fleishman Hillard Government Relations addressed the Board on this matter.   Mike McSherry accompanied Mr. Sweet.

APPOINTMENTS TO BOARDS AND COMMISSIONS

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

A) Assessment Appeals - 2 Positions.  Reappointed Robert Johnson.  Sieglock/Gutierrez/5 B-06-1183  Clerk of the Board to Readvertise Remaining Position.

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

C) Drug and Alcohol Programs Advisory Board - 1 Position.  Appointed Frank Moscato.  Sieglock/Gutierrez/5  B-06-1184

D) Emergency Medical Care Committee - 3 Positions.  Clerk of the Board to Readvertise. 

E) Local Child Care Planning Council - 1 Position.  Appointed Carolyn Lenz.  Sieglock/Gutierrez/5  B-06-1185

F) Mental Health Board - 1 Position.  Appointed Georgia L. Bernard.   Sieglock/Gutierrez/5  B-06-1186

G) Northeast Community Center Advisory Board - 2 Positions.  Appointed Juan Carlos Cardenas & Socorro Velasquez.  Sieglock/Gutierrez/5  B-06-1187

                       

H) Revolving Loan Fund of Directors - 1 Position.  Appointed Mayra S. Cuevas.  Sieglock/Gutierrez/5  B-06-1188

Appointments to Boards and Commissions (continued)

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

 

APPROVE CONSENT ITEMS 1 – 25

Consent Item:               # 4  - Supervisors Mow and Sieglock commented that they were pleased with the ambulance services provided to San Joaquin County. 

ToCan Nguyen addressed the Board on Consent Items.

Consent Items:              #1–25 – Approved.  Mow/Ornellas/5

CONSENT - HEALTH & HUMAN SERVICES

1.                  cao - Children and Families Commission (First 5 San Joaquin) Recommendation for Extension of Funding 2006-07.  B-06-1189 & A-06-1146

2.                  cao - Children and Families Commission (First 5 San Joaquin) Recommendations for Extension of Funding 2006-07 Match Leverage Programs.  B-06-1190 & A-06-1147

3.                  hcs - Approval of Regional Disaster Medical Health Specialist Agreement Between the Emergency Medical Services Agency and State of California.  B-06-1191 & A-06-1148

4.                  hcs - Approval of the Emergency Medical Services Agency Report on Exclusive Emergency Ambulance Provider Contract Compliance for July and August 2006.         B-06-1192

5.                  hcs - Approval of Advanced Life Support Agreement With Bay Medic Transportation, Inc. for Non-Emergency Ambulance Transportation Service.  A-06-1149

CONSENT - PUBLIC WORKS

6.                  pw - Approval of Final Maps Entitled Mountain House, Neighborhood 'H', Units No. 1 through No. 12, Located West of Tracy. (5th District)  R-06-650

7.                  pw - Approval and Acceptance of the California State Lands Commission General Lease Renewal for the McHenry Avenue and Stanislaus River Bridge. (4th District)               B-06-1193 & A-06-1150

 

Consent – Public Works (continued)

8.                  pw - Execution of a Certificate of Acceptance and Approval of an Agreement for the Purchase of Real Property for the Thornton Water Systems Storage Facility Project. (4th District)  R-06-651 & A-06-1151

CONSENT - LAW & JUSTICE

9.                  cob - Approve Announcement of 3 Positions on the Juvenile Justice-Delinquency Prevention Commission.  B-06-1194

10.              da - Resolution to Contract for a Grant With the Governor's Office of Emergency Services for the Anti-Drug Abuse Enforcement Program and to Adjust Appropriations and Revenues in the Anti-Drug Abuse Enforcement Budget Unit. (4/5th's Vote Required)  B-06-1195, R-06-652 & B-06-1196

11.              da - Resolution to Contract for a Grant With the Governor's Office of Emergency Services for the Violence Against Women Vertical Prosecution Program.  B-06-1197,  R-06-653 & B-06-1198

12.              da - Resolution to Contract for a Grant With the Governor's Office of Emergency Services for the Rural Crime Prevention Program and to Adjust Appropriations and Revenues in the Rural Crime Prevention Budget Unit. (4/5th's Vote Required)            R-06-654 & B-06-1199

13.              da - Resolution to Contract for a Grant With the Governor's Office of Emergency Services for the Threat Management/Stalking Vertical Prosecution Program.  R-06-655

14.              da - Modification of Lease Agreement Between the County and San Joaquin Real Estate Co., Inc. and Related Budget Adjustments. (4/5th's Vote Required)  B-06-1200,           B-06-1201 &  A-06-1152

15.              da - Resolution to Contract for a Grant With the Governor's Office of Emergency Services for the Elder Abuse Advocacy and Outreach Program.  R-06-656

16.              so - Approval of Contract With Scott Information Systems for the Support and Maintenance of Computer Software for the Sheriff-Commissary and Distribution Center.  A-06-1153

CONSENT - GENERAL GOVERNMENT

17.              ag/com - Approval of Agreement With California Department of Food and Agriculture for Pest Detection Trapping Services.  B-06-1202 & A-06-1154

18.              cob - Approve Announcement of 2 Positions on the Workforce Investment Board.        B-06-1203

 

Consent – General Government (continued)

19.              fac/mgnt -  Approve Plans and Specifications for the San Joaquin County Human Services Agency Controls Replacement Project, and Set Bid Opening Date of December 6, 2006 at 2:00 p.m.  R-06-657

20.              hr - Implement Classification Project #05-061 by Reclassifying One Position of Department Information Systems Specialist I to Department Information Systems Specialist III and One Position of Department Information Systems Analyst II to Department Information Systems Analyst III in Community Development Services.      R-06-658 

21.              rov - Approval of Conflict of Interest Code Amendments.  B-06-1204

CONSENT - MOUNTAIN HOUSE COMMUNITY SERVICES DISTRICT

22.       mhcsd - Approval of a Professional Services Contract with Harris & Associates to Provide Engineering and Construction Inspection Services for Trimark Communities, LLC, and Shea Homes - SPI and SPII Mountain House Neighborhoods, Mountain House Parkway Widening, and Byron Road Improvements in the Mountain House Community Services District.  B-06-1205 & A-06-1155

23.       mhcsd - Approval of Professional Services Contract with TRS Consultants for Construction Management and Inspection Services to the Mountain House Community Services District for the Kamilos-SPIII College Park Development Boundaries for all Arterial, In-Tract and Public Works Improvements.  B-06-1206 & A-06-1156

24.       mhcsd - Adopt Twelve Resolutions Accepting Subject to Improvements Offers of Dedications of All Public Rights-Of-Way, Easements and Certain Parcels, Relinquishment of Access Rights and Dedication and Relinquishment of Water Rights for Twelve Final Maps Entitled "Mountain House, Neighborhood "H", Units No. 1  through No. 12".  R-06-659 thru R-06-670

25.              mhcsd - Approval of Professional Services Contracts With West Yost & Associates for Engineering and Construction Management Services to the Mountain House Community Services District for the Renewable Energy Assessment, the Water Demand Study and Other Utility-Related Projects.  B-06-1207, A-06-1157, A-06-1158, A-06-1159 &             A-06-1160

 

9:00 a.m. -       fac/mgnt - Public Hearing and Resolution Approving and Adopting Modification of the Fee Schedule for the Facilities Management Parks and Recreation Division and Approve Modifications to the Park Policy Guide.  Facilities Management Director Craig Ogata briefed the Board on this matter.    Approved.  Gutierrez/Mow/5      B-06-1210 & R-06-671

 

 

9:00 a.m. -       cdd - Public Hearing to Introduce and Waive Reading of an Ordinance to Establish Agricultural Mitigation Program Which Will Include an In-Lieu Fee and an In-Kind Acquisition.  Community Development Director Kerry Sullivan briefed the Board on this matter.  John Hewitt, farmer and landowner in Sutter County and a Board Member of the Natomas Basin Conservancy Board of Sutter County; Stanton Lange of Lodi; John Beckman of the Building Industry Association of the Delta; Bruce Blodgett, Executive Director of the San Joaquin County Farm Bureau Federation; Joe Valenti, First Vice President of the San Joaquin County Farm Bureau Federation; Tom Orvis, Program Director of the San Joaquin Farm Bureau Federation; `Steven Mayo, Senior Regional Planner for the Council of Governments; Attorney Mike McGrew; Joe Peterson, Chairman of the San Joaquin County Agricultural Advisory Board; Assistant County Counsel David Wooten and ToCan Nguyen addressed the Board on this matter.

                        Supervisor Mow requested that the following information be brought back to the Board:  (1) information regarding similar ordinances from other cities in San Joaquin County; (2) information as to the role and function of the Delta Advisory Protection Commission (DAPC); (3) information regarding how much ag land was converted through annexation efforts by the various communities; and       (4) information to see if there are lands purchased in our county as agriculture mitigations or habitat mitigations from other entities outside of San Joaquin County.              

The Board gave staff direction on the following options:

                        The Board voted that the makeup of the Agricultural Technical Advisory Committee (TAC) would be three representatives appointed by the Farm Bureau and three representatives appointed by the Building Industry Association with a supermajority vote requirement for any decision by the TAC, i.e., a 2/3 vote.  Sieglock/Gutierrez/4-1; Mow-No

                        The Board voted to include the Delta in the Agricultural Mitigation Lands.  Sieglock/Ornellas/4-1; Mow-No

                        The Board voted to not allow overlapping encumbrances in the initial ordinance; however, the TAC was directed to come back to the Board within a year as part of the mitigation strategy and recommend conditions under which overlapping encumbrances could be considered.  Sieglock/Gutierrez/4-1; Mow-No

                        The Board voted for a 1:1 ratio for in-kind mitigation; however, the Board directed the TAC to come back to the Board with further definitions and consideration of different ratios for Delta and Prime Agricultural land. 
Sieglock/Gutierrez/4-1; Mow-No

 

Ag Mitigation (continued)

9:00 a.m.          The Board voted for in-kind mitigation to be in perpetuity and to include CEQA protections to the extent allowable by law.  Sieglock/Gutierrez/4-1; Mow-No

                        The Board voted to amend its previous action concerning the composition of the TAC to include a provision requiring ratification by the Board of the members appointed by the Farm Bureau and the Building Industry Association.  Sieglock/Gutierrez/4-1; Mow-No

                        There was Board direction, through the Chairman, to amend the ordinance in Section 9-1080.3(d)(6) to mandate that the annual report from the TAC in the fifth year include recommendations to the Board regarding whether to maintain, amend, or remove the in-lieu fee requirement of the ordinance and replace it with an in-kind only requirement.

                        The Board also gave direction, through the Chairman, to the TAC to consider and make recommendations to the Board concerning future consideration of inclusion of land outside the County as allowable Agriculture Mitigation Land; and also for the TAC to consider and make recommendations to the Board concerning agricultural mitigation strategies other than the hybrid in-lieu fee/in-kind land approach set forth in the ordinance.

                        The Board voted to Introduce and Waive Reading of the Ordinance with those items that were voted by the Board to be added to the ordinance and to bring it back to the Board on November 14, 2006 for final adoption along with the additional information requested by Supervisor Mow.  Gutierrez/Sieglock/4-1; Mow-No        

COMMUNICATIONS

bos -    Received and Referred all Board Communications this date as Outlined on the Communications Distribution Listing.  Approved.  Sieglock/Gutierrez/5  B-06-1208

PUBLIC COMMENT

Rebecca Iaccino, Pamela Kyles, Margaret Salas, Myra Mora, Glenna Perez, Christina Moreno, Martha Smith-Sanchez, Denise Vaughn, Reverend Bob Haley and ToCan Nguyen addressed the Board.

 

BOARD OF SUPERVISORS QUESTIONS AND COMMENTS

There were no Board questions or comments.

ADJOURNED TO TUESDAY, NOVEMBER 7, 2006 AT 9:00 A.M.

Mow/Gutierrez/5  B-06-1209

 

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).