SAN JOAQUIN COUNTY

BOARD OF SUPERVISORS

TUESDAY, DECEMBER 10, 2002

A moment of silence was held.

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

9:02 a.m. - The Board went into Closed Session.

9:16 a.m. - The Board returned from Closed Session.

Minutes of the Board of Supervisors' Meeting of December 3, 2002. Approved. Ornellas/Marenco/5 B-02-1551

Consent Items: #8, 9, 12, 13--17, 26--31, & 43 - Pulled for discussion by

Supervisor Sieglock

Consent Item: #4 - Bob Kavanaugh addressed the Board on this item.

Consent Item: #50 - Pulled for discussion by Supervisor Marenco

Consent Items: #1-54: Approved. Ornellas/Marenco/5

SCHEDULED MORNING ITEMS

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

A) Local Child Care Planning Council - 5 Positions Reappointed Anna Martin & Appointed Annemarie Platt. Sieglock/Marenco/5 B-02-1552

B) Parks & Recreation Commission - 1 Position. Clerk of the Board to Readvertise.

    1. Water Advisory Commission - 6 Positions. Clerk of the Board to Readvertise.

DISCUSSION - HEALTH & HUMAN SERVICES

  1. cao - Status Report Regarding the Mary Graham Children's Shelter. Brian Woods, Director, Mary Graham Children’s Shelter, addressed the Board on this matter. Accepted Status Report. Sieglock/Gutierrez/5 B-02-1553

DISCUSSION - GENERAL GOVERNMENT

  1. cdd - Oral Report Regarding Agricultural Worker Rest Stop. Ben Hulse, Director, Community Development Department, and Antonio Pizano, Executive Director, San Joaquin Housing Authority addressed the Board on this matter. Approved Staff Recommendations as Amended this Date. Gutierrez/Mow/5 B-02-1554

COMMUNICATIONS

bos - Received and Referred all Board Communications this date as Outlined on the Communications Distribution Listing. Sieglock/Gutierrez/5 B-02-1555

PUBLIC COMMENT

ToCan Nguyen addressed the Board on various matters.

Dana Simon addressed the Board regarding the In Home Supportive Services bargaining.

Deputy Patrick Withrow, Deputy Sheriff’s Association, addressed the Board on Deputy Sheriff’s Association labor relations.

Alma Gonzales addressed the Board regarding home care.

Richard Gross, of Disabilities Resource Agency for Independent Living, addressed the Board regarding home care.

Charlene Sul addressed the Board regarding home care.

Josie Lopez addressed the Board regarding home care.

Marcus Williams of Local 790, addressed the Board regarding negotiation of home care wages.

Sandra Carter, addressed the Board regarding home care.

Public Comment (Continued)

Connie O’Dea addressed the Board regarding home care providers.

BOARD OF SUPERVISORS QUESTIONS AND COMMENTS

Supervisor Gutierrez commented on the county negotiations bargaining system.

CLOSED SESSION

CONFERENCE WITH LABOR NEGOTIATOR

California Government Code Section 54957.6

Agency Negotiator: Manuel Lopez, Don Turko; Edward Takach; John Bertke;

Robert Muszar; 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 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)

In Re the Civil Rights Investigation of San Joaquin County Sheriff-Coroner Baxter Dunn.

CLOSED SESSION OF THE IHSS PUBLIC AUTHORITY

PUBLIC EMPLOYEE APPOINTMENT

California Government Code Section 54957

Title: IHSS Executive Director

The Board returned from Closed Session at 2:00 p.m. – County Counsel, Terrance Dermody, discussed the matter regarding the Civil Rights Investigation of San Joaquin County Sheriff-Coroner Baxter Dunn.

Motion #1 - A motion was made to rescind the original findings. Sieglock/Ornellas/2 Motion died for the lack of a second.

Motion #2 - A motion was made to rescind findings and terminate contract. Ornellas/Sieglock/2 Gutierrez, Marenco, Mow – No.

SCHEDULED AFTERNOON ITEMS

1:30 p.m. - cdd - Public Hearing Regarding an Appeal by the Department of Public Works of the Planning Commission's Denial of Reversion to Acreage #PA-02-99 of Ernie Vasti (c/o Public Works Department). (2nd District) (Contd from 10/22/02) Kerry Sullivan, Deputy Director, Community Development Department, George Hernandez, Ralph Rodriguez, and Mr. Taylor, addressed the Board on this matter. Approved Staff Recommendations. Marenco/Gutierrez/5 R-02-834

Chairman Mow introduced the newly appointed Executive Director of In Home Supportive Services Public Authority, George McHugh.

1:30 p.m. - cdd - Public Hearing Regarding the Appeal by the Planning Commission's Approval of Major Subdivision #PA-02-22 of Claudia Silva. (4th District) (Contd from 10/22/02) Kerry Sullivan, Deputy Director, Community Development Department, addressed the Board. Continued to January 14, 2003 at 1:30 p.m. Mow/Ornellas/3 Sieglock & Gutierrez/Absent B-02-1595

1:30 p.m. - cdd - Public Hearing Regarding Fourth Cycle General Plan Map Amendment #PA-02-371 and Zone Reclassification #PA-02-372 of Sergio Zilli (c/o Linne Estates) (5th District) Kerry Sullivan, Deputy Director, Community Development Department, Dave Olmstead, Ray Pierce, Mike Huggins, of Environmental Health Department, and Jeff Reinyard, addressed the Board on this matter. Approved Staff Recommendations. Ornellas/Marenco/5 B-02-1596 R-02-812 & Ordinance #4182

PUBLIC COMMENT

Georgianna Reichelt addressed the Board regarding her concerns of official voting ballots being available in other languages.

l:30 p.m. - bos - In Re Civil Rights Investigation of San Joaquin Sheriff-Coroner Baxter Dunn: Discussion of Provision of Defense Counsel Under Government Code Section 995.8; Discussion of Contract Between County and Jones & Mayer; Possible Action Thereafter. Attorney Michael Capazzi, for Sheriff-Coroner Baxter Dunn addressed the Board on this matter.

CONSENT - HEALTH & HUMAN SERVICES

  1. age/cs - Approval of Benefits for the In-Home Supportive Services Public Authority Administration Staff. B-02-1556

  1. cob - Approve Announcement of 1 Position on the Drug & Alcohol Programs Advisory Board. B-02-1557
  1. cob - Approve Announcement of 1 Position on the Health Commission. B-02-1558
  1. cao - Extension of Performance Evaluation for Mary Graham Children's Shelter Development Manager. B-02-1559
  1. hcs - Authorization For Out-Of-State Travel - Manager, Physical & Occupational Therapy. B-02-1560

  1. hcs - Mental Health Services Agreement: Stockton Shelter for the Homeless, Wintertime Overflow Shelter Supervision. A-02-1186

  1. hcs - Mental Health Services Psychiatrist Employment Contract. A-02-1187

  1. hcs - Mental Health Services Agreement with Managed Care Network Provider. A-02-1188

  1. hcs - Mental Health Services/ California Department of Rehabilitation Cooperative Program Agreement. A-02-1189
  1. hcs - Mental Health Services Agreements: Victor Treatment Centers, Inc., Victor Community Support Service, Inc A-02-1190 A-02-1191, A-02-1192 & A-02-1193
  1. hsa -Request to Extend the Agreement between San Joaquin County and GovConnect to June 30, 2003. A-02-1194

  1. phs - Accept Donation of Mobile Clinic From the State Department Health Services. B-02-1561

  1. hcs - Extension of Service Agreement for Council for the Spanish Speaking. B-02-1562

  1. hcs - Extension of Service Agreement for Su Salud. B-02-1563

  1. hcs - Extension of Service Agreement for Black Employees Association of the Stockton Unified School District. B-02-1564

  1. hcs - Extension of Service Agreement for Lao Family Community of Stockton. B-02-1565

  1. hcs - Extension of Service Agreement for St. George's Neighborhood Betterment Committee. B-02-1566

CONSENT - PUBLIC WORKS

  1. cob - Approve Announcement of 5 Positions on the Water Advisory Commission. B-02-1567

  1. pw - Disadvantaged Business Enterprises Program for Federally Funded Transportation Projects. B-02-1568

  1. pw - Award of Contract for The San Joaquin County Household Hazardous Waste Consolidation Facility and Increased Appropriation For County Service Area No. 53. (4/5ths Vote Required.) R-02-813

  1. pw - Amendment Resolution R-97-552, "Woodbridge Road Underground Utility District No. 29." (4th District.) R-02-814

  1. pw - Amendment to Resolution R-99-652 "Thornton Road Underground Utility District #31." (4th District) R-02-815

  1. pw - Approval of Second Time Extention to Complete Subdivision Improvements for "Castello Estates, Unit 1 and Unit 2." (5th District.) R-02-816

  1. pw - Acceptance of the Seismic Retrofit For Walnut Grove Road Bridge, Across Mokulume River South Fork, and Manthey Road Bridge, Across Paradise Cut Canal, Contract and Execution of a Notice of Completion. (4th and 5th Districts.) R-02-817

CONSENT - LAW & JUSTICE

  1. cao - Approval of Increase in Failure to Appear Fee. R-02-818

  1. da - Resolution of Intent to Contract for a Grant with the Office of Criminal Justice Planning (OCJP) for the Threat Management/Stalking Vertical Prosecution Program. R-02-819 & B-02-1569

  1. da - Resolution of Intent to Contract for a Grant with the Office of Criminal Justice Planning (OCJP) for the Major Narcotic Vendor Vertical Prosecution Program. R-02-820 & B-02-1570 & B-02-1571

  1. da - Resolution of Intent to Contract for a Grant with the Office of Criminal Justice Planning (OCJP) for the Violence Against Women Verticle Prosecution Program. R-02- 821 & B-02-1572

  1. da - Resolution of Intent to Contract for a Grant with the Office of Criminal Justice Planning (OCJP) for the Rural Crimes Prevention Program. R-02-822 & B-02-1573

  1. da - Resolution of Intent to Contract for a Grant with the Office of Criminal Justice Planning (OCJP) for the Anti-Drug Abuse Enforcement Program. R-02-823 & B-02-1574

  1. pub/def - Resolution of Intent to Contract with the State Office of Criminal Justice Planning (OCJP) for the Vertical Defense of Indigents Project. R-02-824

  1. s/o - Sheriff-Cal MMET: Appropriations for Grant Augmentation (4/5ths Vote Required.) B-02-1575 & B-02-1576

  1. s/o - Assign and Allocate One Additional Position to the Sheriff-Custody Division: Jail Industries Program Manager - Upholstery Program. (4/5ths Vote Required) R-02-825 & B-02-1577

CONSENT - GENERAL GOVERNMENT

  1. air - Approval of Change Order No. 1 to the Agee Construction Corporation Contract to construct Extended Safety Area Runway 29R Rehabilitate MALSR System and Construct Runway 29R East End Blast Wall (AIP Project No. 3-06-0250-17) at Stockton Metropolitan Airport. B-02-1578

  1. assr/rec/co.clk - Assessor-Recorder-County Clerk Appropriations of Funds for the Purchase of Roll Film Readers and a Document Scanner.(4/5ths Vote Required) B-02-1579 & B-02-1580

  1. cao - Approval of the 2003 Proposed Budget for the Lodi Grape Festival & National Wine Show, Inc. B-02-1581

  1. cao - Appointment and Employment Agreement for County Counsel. A-02-1195

  1. cc - Settlement of Legal Action Entitled Stanford University Medical Center Auxiliary, a California Corporation, vs. County of San Joaquin; San Joaquin County Superior Court Case #CV017669. B-02-1582

  1. cob - Approve Announcement of 4 Positions on the Mosquito and Vector Control District. B-02-1583
  1. cob - Approve Announcement of 1 Position on the Northeast Community Center Advisory Board. B-02-1584
  1. cdd - Resolution Authorizing the Chairman of the Board of Supervisors to Execute California Land Conservation Contracts. (4th & 5th Districts) R-02-826 & A-02-1196--A-02-1203
  2. cdd – Resolution Authorizing the Chairman of the Board of Supervisors to Execute Farmland Security Zone Contracts. (3rd & 4th Districts) R-02-827 & A-02-1204--A-02-1207
  1. cdd - Approval of Agreement with Consultant to Prepare the County's Housing Element Update. A-02-1208 & B-02-1585
  1. fac/mgmt - Approval of Estoppel Certificate for Micke Grove Golf Course Lease Agreement. B-02-1586 & A-02-1209

  1. fac/mgmt - Approval to Transfer of Funds from the Self-Insurance Casualty Trust to the Facilities Management Budget.(4/5ths Vote Required.) B-02-1587 & B-02-1588

  1. h/r - Create, Assign, and Allocate the New Class of Mary Graham Children's Shelter Trainer in the Mary Graham Children's Shelter Budget. R-02-828

  1. h/r - Adoption of Revised and Restated Deferred Compensation Plan. B-02-1589

  1. h/r - Request to Approve the HR Leadership Academy as a Required Mandatory Training Program for Managers and Supervisors. B-02-1590

  1. h/r - Implement Cadastral Drafter Series Classification Study #02-12 by Creating Four New Classes, Allocating Seven New Positions and Deleting Four Existing Classes and Deleting Seven Existing Positions in the Assessor-Recorder-County Clerk Office. R-02-829

  1. h/r - Implement Classification Studies # 02-07 and #02-19 by Creating Nine New Classes, Assigning and Allocating Three New Positions, Re-Titling Two Existing Classes, Reclassifying 18 Positions, and Multi-Allocating 18 Positions as Pharmacist Technician III/II/I, and Deleting a Total of 39 Positions, and Introduce and Waive Reading of an Ordinance Exempting the Class of Director of Pharmacies From Civil Service (Said Ordinance to be Adopted January 7, 2003.) Donna Shane of SEIU, Local 790 and John Berke, Labor Relations addressed Board on this matter. R-02-830 & B-02-1591
  1. purch -Award of Contract for Furnishing and Installing a Standby Diesel Engine Generator at the Public Health Facility. (4/5ths Vote Required) B-02-1592 & B-02-1593 & A-02-1210

  1. rov - Resolution Directing the Registrar of Voters Office to Conduct and Consolidate the Country Club Sanitary Special Tax Election with the March 4, 2003 Consolidated Election and to Authorize the Registrar of Voters to Render Specified Services to Country Club Sanitary District During the Conduct of Its Special Election. R-02-831

  1. treas/tax/colltr - Approve the Employment Contract Between Suezie H. Hoang and the County of San Joaquin. A-02-1211

CONSENT - MOUNTAIN HOUSE COMMUNITY SERVICES DISTRICT

  1. mhcsd - Public Hearing for Mountain House Monthly Service Charges for Water, Wastewater and Storm Drainage, and Related Actions to Establish Such Monthly Service Charges. B-02-1594 & R-02-832 & R-02- 833 & A-02-1212

 

ADJOURNED TO MONDAY, JANUARY 6, 2003 AT 11:00 A.M.

FOR A REORGANIZATIONAL MEETING OF THE BOARD OF SUPERVISORS

Sieglock/Gutierrez/5 B-02-1597