SAN JOAQUIN COUNTY

BOARD OF SUPERVISORS

TUESDAY, AUGUST 20, 2002

 

 

PRESENT: SUPERVISORS BEDFORD, SIEGLOCK, GUTIERREZ, MARENCO, MOW

 

Minutes of the Board of Supervisors' Meetings of August 6, 2002 & August 13, 2002.  Approved. Gutierrez/Bedford/4  Marenco/Abstain  B-02-1037 

 

Consent Items:              #3, & 18 - Pulled for discussion.

 

Consent Item:                           #3 – Supervisor Gutierrez stated that he had requested at the previous  Board Meeting the new policies and procedures.  To date he has not received any information, and until he receives the new departmental policies, he will not support this item.  Continued to August 27, 2002

 

Consent Item:                           #18 –  Supervisor Marenco expressed his concern over the 20-year lease in the proposed agreement and wanted to make sure that the County is not excluded from the possibility of any County facility locating in this area of French Camp near the jail.  He asked that other options be brought back to the Board with other year to year options.

 

                                                The Facilities Management Director stated that he would work with the vendor on other options which will have minimum impact on any future development.  Continued to September 3, 2002 

 

Consent Items:                          #1, 2 & 4 – 17, & 19 - 24 – Approved.

                                                Sieglock/Gutierrez/5

 

SCHEDULED MORNING ITEMS

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

A)  Building Board of Appeals - 1 Position.  Reappointed James R. Hanley. Sieglock/Gutierrez/5  B-02-1051

B)  Equal Employment Opportunity Advisory Committee - 1 Position.  Clerk of the Board to Readvertise.  

C)  Solid Waste Management Independent Hearing Panel - 1 Position. Appointed Steven K. Fulkerson.  Gutierrez/Sieglock/5  B-02-1052

 

9:00 a.m. -       fac/mgmt - Accept Downtown Stockton Master Plan Status Report.  Craig Ogata, Facility Management Director, Jim Steinmann, Executive Vice-President, The SGS Group, Don Geiger, Downtown Alliance, and ToCan Nguyen, addressed the Board on this matter.  The Board Accepted the Status Report of the Downtown Stockton Administrative Space/Countywide Court Facility Master Plan.  Gutierrez/Sieglock/5  B-02-1053

 

SUPPLEMENTAL AGENDA

DISCUSSION - GENERAL GOVERNMENT

 

1.         bos – Black Infant Health Program. The Board agreed on the temporary relocation of the program.  Once the Board receives further information and statistics requested from the Health Care Services Director at a future Board Meeting, a decision will be made as to whether or not to allow the program to stay at its new location or return to the Hazelton complex once remodeling has been completed.

 

COMMUNICATIONS

bos - Received and Referred all Board Communications this Date as Outlined on the Communications Distribution Listing.  Sieglock/Gutierrez/5  B-02-1054

 

PUBLIC COMMENT

Bishop Mark Filkey, Jordana Fileky, Ken Purkiss, Cindy Woodruff, Diana Frost, Shontay Navidad, Justin Marson, Eddie Mae Eaves, Martha Pacheco, Tina Scott Washington, and Guillermo Lopez, addressed the Board opposing an adult boutique store currently being constructed on West Lane.

Angel Picon, a representative from SEIU Local 250, addressed the Board regarding home care workers and distributed copies of a letter dated August 15, 2002, to the Board from State Senator Michael Machado.  He also provided copies of a SEIU 790 and LULAC Resolution Supporting San Joaquin County and State Improvements to the In Home Support Services Program as well as copies of Endorsement of Support forms signed by individuals representing various organizations.

ToCan Nguyen, addressed the Board on various matter.

In response to those individuals in attendance addressing the adult boutique store, Supervisor Gutierrez stated that at a previous Board Meeting he had raised the question of how does the county go back to make changes in the existing policy and did the present process fail?  He wants to make sure that the general public has the opportunity to fully participate in the planning process.

Supervisor Gutierrez clarified that the present situation did not come before the Board of Supervisors.  However, the matter did go through the appropriate planning process which was in compliance with county policy.  Supervisor Gutierrez indicated that he hoped that the Board could review the current policy in order for the Board to determine whether or not to adopt a new ordinance or amend the current ordinance.  He stated that any current violations should be brought to the attention of County staff.

 

BOARD OF SUPERVISORS QUESTIONS AND COMMENTS

Chairman Mow stated that he has a dilemma on “how to un-ring the bell” with regard to the adult boutique store.  He said that what we have now is a situation of an alleged boutique.  It is difficult to enforce something that does not exist.  Therefore, Chairman Mow asked what are the options to “un-ring the bell”?

County Counsel stated that if the Board wants to discuss the options, then it would be necessary for the item to be placed on an agenda for full discussion. He further said that on the other hand, if the Board is hearing from the people that are addressing this issue that there are presently violations of the County Ordinance code with respect to existing facilities or uses with the proposed facility, they should be referred to Code Enforcement for follow-up.

County Counsel cautioned the Board against discussing this matter further in order to prevent a violation of the Brown Act.

 

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

 

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

                        California Government Code Section 54956.9(a)

TAMMIE LEVIELLE as Guaridan ad Litem for ANTHONY JOHN LUMLEY, JR. and BRITTNEY LEVIELLE, Minors, v COUNTY OF SAN JOAQUIN et al. United States District Court, Eastern Division, No. CV-S-00-1729 DFL DAD

 

SCHEDULED AFTERNOON ITEM

1:30 p.m. -       h/r - Service & Retiree Award Presentation for July 2002 Service & Retirement.

 

CONSENT - HEALTH & HUMAN SERVICES

1.                  hcs - Clinical Affiliation Agreement for Radiologic Technician Training Between San Joaquin County and St. Joseph's Medical Center and St. Dominique's Hospital.             A-02-770 & A-02-771

2.                  hcs - San Joaquin General Hospital Employment Agreement: Lance Maki, M.D., Obstetrics & Gynecology.  A-02-772

3.                  hcs - Amend County Plan for Proposition 36 Residential Treatment Center. (Continued from August 13, 2002)  (Continued to August 27, 2002)

4.                  osa - Amendment to Lease Agreement for Prevention Services Program.  B-02-1038 & A-02-773

5.                  osa - Renewal of Professional Services Agreement for Acupuncture Services with Pacific Complementary Medicine Center.  B-02-1039 & A-02-774

 

CONSENT - PUBLIC WORKS

6.                  pw - Award of Contract for the Concrete Bridge Deck Seal Program 2002.  R-02-543

7.                  pw - Award of Contract for the Bruella Road Resurfacing. (4th District)  R-02-544

 

CONSENT - LAW & JUSTICE

8.                  cao - Response to Grand Jury Report Regarding Juvenile Hall.  B-02-1040

 

CONSENT - GENERAL GOVERNMENT

9.                  cao - Modification of the Physicians Units and Establishment of a Physician Management Unit.  B-02-1041

10.              h/r - Adoption of the Memorandum of Understanding for the Physicians Representation Unit.  B-02-1042 & A-02-775

11.              cdd - Execute Agreement with Consultant to Provide Permit Software Enhancement Services.  B-02-1043  & A-02-776

12.              cdd - Allocation of Property Tax Funding to the Delta Fire Protection District for Merger with the Woodbridge Fire District.  B-02-1044

13.              cob - Approve Announcement of 1 Position(s) on the Boggs Tract Community Center Advisory Board.  B-02-1045

14.              cob - Approve Announcement of 1 Position(s) on the Children's Services Coordinating Commission.  B-02-1046

15.              cob - Approve Announcement of 1 Position(s) on the Lodi Community Center Advisory Board.  B-02-1047

16.              cob - Approve Announcement of 1 Position(s) on the Parks & Recreation Commission.  B-02-1048

17.              eedd - Authorization to Enter Into Sublease Agreement for Office Space at the San Joaquin Delta College Facility.  B-02-1049 & A-02-777

18.              fac/mgmt - Approve Agreement Amending Subsurface Oil, Gas, and Mineral Lease with OXY Resources California LLC. ( Continued to September 3, 2002)

19.              fac/mgmt - Approve Contracts for Construction Assistance and Inspection Services.    A-02-778, A-02-779 & A-02-780

20.              fac/mgmt - Award Contract for the Community Expansion Project.  R-02-545

21.              h/r - Amendment to 401(A) Retirement Plan for Physicians. A-02-781 & B-02-1050

22.              rov - Resolution Authorizing the Registrar of Voters Office to Conduct a School Bond Election for the Oakdale Joint Unified School District, and to Consolidate Said Election with the State of California General Election to be Held on Tuesday, November 5, 2002.  R-02-546

23.              rov - Resolution Authorizing the Registrar of Voters Office to Conduct a School Bond Election for the Tracy Joint Unified School District, and to Consolidate Said Election with the State of California General Election to be Held on Tuesday, November 5, 2002.  R-02-547

24.              rov - Resolution Calling for a Special Tax Election for the San Joaquin County Mosquito & Vector Control District and to Consolidate Said Election with the State of California General Election to be Held on Tuesday, November 5, 2002.  R-02-548

 

ADJOURNED TO TUESDAY, AUGUST 27, 2002 AT 9:00 A.M.

Sieglock/Marenco/5  B-02-1055