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Board
of Supervisors
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 |
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MANUEL
LOPEZ TERRENCE
R. DERMODY LOIS
M. SAHYOUN Clerk
of the Board |
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
Agency Negotiator: Manuel Lopez;
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)
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)
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
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
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
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
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
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
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).