BOARD CHAMBERS, COURTHOUSE, 7TH FLOOR

222 E. WEBER AVENUE, STOCKTON, CA

TUESDAY, MAY 14, 2002

8:45 AM

PRESENT: SUPERVISORS BEDFORD, GUTIERREZ, SIEGLOCK, MOW

ABSENT: SUPERVISOR MARENCO

ROLL CALL

8:45 a.m. - hsa - Meeting of the San Joaquin County In-Home Supportive Services Public Authority.

  1. Adopt the In-Home Supportive Services (IHSS) Public Authority Labor Relations Policy. Joe Chelli, Director of Aging & Community Services; Don Turko, Human Resources Director, and Dana Simon, of SEIU, addressed the Board. Continued to May 28, 2002. Bedford/Gutierrez/4 Marenco – Absent B-02-564

9:00 a.m. - Commencement of the Board of Supervisors’ Meeting

Minutes of the Board of Supervisors' Meeting of May 7, 2002. Approved. B-02-565

Consent Items : #1-23 Approved. Sieglock/Gutierrez/4 Marenco/Absent

SCHEDULED MORNING ITEMS

9:00 a.m. - bos - Presented Proclamation Proclaiming May 19-25, 2002 as "National Public Works Week" in San Joaquin County to Helena Allison, President, American Public Works Association, Sacramento Chapter.

Tom Flinn, Public Works Director, introduced Jennifer DiCiano, Management Analyst II, of Solid Waste Division, as recipient of the Tom Dosh Award. Tina Echavarre, Office Supervisor, Public Works Department, and Jo Baker-Warren, Refuse Worker III, Public Works Department, were recognized as the Public Works Employees of the Year.

9:00 a.m. - bos - Presented Proclamation Proclaiming May as "Foster Care Month" to Dave Erb, Deputy Director of Childrens Services, San Joaquin County Human Services Agency. Mary Blincoe, DeLois Black, and Jane Mays, Foster Parents of San Joaquin County were also present for this matter.

9:00 a.m. - bos - Presented Proclamation Proclaiming the Week of May 19-25, 2002 as "Emergency Medical Services Week" to Rich Silva, Administrative Supervisor and Martin Molina, Customer Services Representative.

9:00 a.m. - bos – Presented Proclamation Proclaiming May 13-17, 2002 as "Jury Appreciation Week" to Judge William Murray.

9:00 a.m. - bos - Presented Plaque to Edmund Rishwain for His Years of Service on the Civil Service Commission. Edmund Rishwain was unable to attend.

9:00 a.m. - bos – Presented Proclamation Proclaiming the Month of May 2002 as "Mental Health Month" to Bruce Hopperstad, Director of Mental Health; Jennie Montoya, President of Alliance for Mentally Ill; and Nancy Smith, Outreach Coordinator for Mental Health. Richard Smith, Peer Advocate from Love & Care Program, at University of Pacific, and Cheryl Torres, Consumer Outreach, were also present for this matter.

9:00 a.m. - ag/comm – Scott Hudson, Agricultural Commissioner, presented the 2001 Annual Crop Report, a copy of which is on file in the Clerk of the Board’s Office. Oral Presentation.

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

    1. Agricultural Advisory Board - 1 Position. Appointed David Phippen. Bedford/Gutierrez/4 Marenco/Absent B-02-566

B) Drug & Alcohol Programs Advisory Board - 1 Position. Appointed Rhonda Luke-Olvera Gutierrez/Bedford /4 Marenco/Absent B-02-567

C) Drug & Alcohol Programs Advisory Board - 1 Position. Appointed Christina Denise Mesa. Gutierrez/Sieglock/4 Marenco/Absent B-02-568

    1. Emergency Medical Care Committee - 1 Position. Reappointed Debra Lewis. Sieglock/Gutierrez/ 4 Marenco/Absent B-02-569

E) Parks & Recreation Commission - 1 Position. Appointed Kimberly Krohn. Bedford/Gutierrez/4 Marenco/Absent B-02-570

9:15 a.m. - pw - Conduct a Public Hearing to Find and Determine that Public Use and Necessity Require the Acquisition of Certain Real Property for the Jack Tone Road Grade Separation Project and Directing Acquisition of Said Real Property by Eminent Domain. (2nd & 4th Districts) Wes Johnson, Senior Civil Engineer, Public Works Department and Tom Flinn, Director, Public Works Department addressed the Board on this matter. Approved Staff Recommendation. Gutierrez/Bedford/4 Marenco/Absent R-02-281

COMMUNICATIONS

bos - Received and Referred all Board Communications this date as Outlined on the Communications Distribution Listing. Sieglock/Gutierrez/4 Marenco/Absent B-02-571

PUBLIC COMMENT

Ramona Valadez of the Native Directions, Inc/Three Rivers Indian Lodge presented a proposal for a Cultural Center and requested support from the Board.

Monte McFall and Don Moyer spoke in support of the Three Rivers Indian Lodge/Native Directions Inc. proposal for a cultural center. Mr. Moyer presented a draft resolution of support for the Board to consider. However, Chairman Mow stated that due to the rules of the Brown Act this matter could not be acted upon at this time. Mr. Moyer requested that consideration of this resolution be placed on a future Board agenda.

Georgianna Reichelt stated she had requested from the Board several weeks ago information regarding the requirements to be a candidate for office and requirements of registration and that to date she has not received a response. Chairman Mow said that it is not the responsibility of the Registrar of Voters to conduct background investigations on individuals running for office.

Ms. Stephanie Batey representing SEIU, Local 790, presented a petition of over 300 signatures to the Board regarding the Office and Office Technical/Trades, Labor & Institutional negotiations for a contract. Ms. Batey indicated that this Bargaining Unit contract expires May 16.

BOARD OF SUPERVISORS QUESTIONS AND COMMENTS

Supervisor Gutierrez, in response to Georgianna Reichelt’s request, said that he would send a memorandum to the Registrar of Voters requesting her to respond to Ms. Reichelt.

Supervisor Gutierrez stated that he does not have a problem in supporting the resolution of the Native Directions Inc./Three Rivers Lodge and commended them for their present efforts in the community.

Supervisor Gutierrez brought up a previous action the Board had taken on February 12, 2002 Resolution Amending 99-412 Terms and Conditions of Employment for Members of the Executive Representative Unit. He requested that staff look at this matter and that it be appropriately be placed on a Board agenda for discussion for reconsideration. County Counsel advised the Board that as a legislative act the Board can take further acts with respect to management within their jurisdiction to change. The Board could discuss the matter in open session and closed session depending upon the timing. He further advised that this matter could be appropriately discussed at today’s closed session as the Unrepresented is on the agenda under Closed Session.

Supervisor Bedford spoke in support of the resolution of support for the Native Directions Inc/Three Rivers Lodge.

CLOSED SESSION

CONFERENCE WITH LABOR NEGOTIATOR

California Government Code Section 54957.6

Agency Negotiator: Manuel Lopez, Don Turko, Edward Takach, Geoff Rothman, Jeff Sloan, Harry Lewis

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 County District

Attorney Investigator's Association, Union of American Physicians and Dentists, and

Unrepresented.

PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE

California Government Code Section 54947

PUBLIC EMPLOYEE APPOINTMENT

California Government Code Section 54957

Title: Child Support Service Director

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

California Government Code Section 54956.9(a)

Desmond Li, dba A-1 Market, vs. San Joaquin County, San Joaquin County

Superior Court Case No. CV005319

SCHEDULED AFTERNOON ITEMS

1:30 p.m. - cdd - Public Hearing Regarding Special Purpose Plan Amendment Application #PA-0200048 of ADESA California. (5th District) Kerry Sullivan, Deputy Director, Community Development Department, Gabe Karam, Senior Civil Engineer, Public Works Department, Attorney Mike Hakeem, and Chuck McCallum, Engineer, of Kier & Wright, addressed the Board on this matter. Approved Staff Recommendations. Gutierrez/Sieglock/4 Marenco/Absent B-02-591 & R-02-288

1:30 p.m. - cdd - Public Hearing Regarding Zone Reclassification Application #PA-0200068 of San Joaquin County. (5th District) Kerry Sullivan, Deputy Director Community Development Department addressed the Board on this matter. Approved Staff Recommendations. Sieglock/Bedford/4 Marenco/Absent B-02-592 & Ordinance #4152

1:30 p.m. - cdd - Public Hearing Regarding a One-Year Time Extension Request of Kirpal Singh Dhaliwal for Approved Use Permit Application #UP-98-15. (5th District) Continued to June 11, 2002 at l:30 p.m. Bedford/Gutierrez/4 Marenco/Absent B-02-593

CONSENT - HEALTH & HUMAN SERVICES

  1. age/cs - Approval of Contract Amendment with Cambodian Community of Stockton, Inc., (CCS) Refugee Multi-Services Community Center Project. (4/5ths Vote Required) B-02-572 & B-02-573 & A-02-360

  1. age/cs - Approval of State Department of Aging Multipurpose Senior Services Program (MSSP) Contract #MS-0203-33. B-02-574 & A-02-361

  1. age/cs - Approval for Out-of-State Travel to the National Senior Service Corps Conference 2002. B-02-575 & B-02-576
  1. hcs - Emergency Medical Services Agency Auxiliary Communications Service Agreements. B-02-577
  1. hcs - Health Care Services - San Joaquin General Hospital Late Travel Request Authorization. B-02-578

CONSENT - PUBLIC WORKS

  1. pw - Adopt an Ordinance Providing for No Parking Zones on Portions of Both Sides on Main Street, East and West of Cardinal Avenue and Walker Lane. (2nd District) (Introduced & Waived on 5/7/02) Ordinance #4151

  1. pw - Award of Contract for the West Lane Resurfacing. (4th District) R-02-282

  1. pw - Approval of Increased Appropriations in the County Service Area #12 Budget to Fund Well Rehabilitation Efforts. (4th District) (4/5ths Vote Required) B-02-579

  1. pw - Approval and Adoption of Plans and Specifications for the Corral Hollow Road Resurfacing and Setting a Bid Opening Date of June 6, 2002 at 1:30 p.m. (5th District) R-02-283

  1. pw - Amendment of Salary Assignment and Departmental Allocation for the Department of Public Works. R-02-284

  1. pw - Accepting Two Agreements and Two Grant Deeds for the Purchase of Real Property and Adoption of One Order Declaring and a Public Highway for the Jack Tone Road Grade Separation Project. (2nd & 4th Districts) R-02- 285 & A-02-362 & A-02-363

  1. pw - Adoption of the San Joaquin County Water Management Plan. B-02-580

CONSENT - LAW & JUSTICE

  1. s/o - Sheriff-Patrol: Universal Hiring Program Grant Application. B-02-581

CONSENT - GENERAL GOVERNMENT

  1. cc - Decline to Authorize the Issuance of Tax and Revenue Anticipation Notes on Behalf of San Joaquin County Board of Education, etc. B-02-582

  1. cc - Decline to Authorize the Issuance of Tax and Revenue Anticipation Notes on Behalf of San Joaquin Delta College Community College District. B-02-583

  1. cob - Approve Announcement of 1 Position on the San Joaquin Valley Air Pollution Control District. B-02-584

  1. eedd - Extension of Employment Contracts (2). A-02-364 & A-02-365 & B-02-585

  1. eedd - Theater Arts Project Authorization to Enter License Agreement. B-02-586 & A-02-366
  1. fac/mgmt - Award Contract for the Phase II Mary Graham Children's Shelter Replacment Project. R-02-286

  1. neigh/pres - Approve Resolution for San Joaquin Office of Substance Abuse to Provide Services in Fulfillment of the County's 2001 Supportive Housing Grant. R-02-287

  1. rev/rec - Compromise of San Joaquin General Hospital Account of Manuel P. Gonzales. B-02-587

  1. rev/rec - Compromise of San Joaquin General Hospital Account of Hakim Masoud. B-02-588

  1. rev/rec - Compromise of San Joaquin General Hospital Account of Gildardo Meza. B-02-589

ADJOURNED TO TUESDAY, MAY 21, 2002 AT 9:00 A.M.

Sieglock/Gutierrez/4 Marenco/Absent B-02-590