SAN JOAQUIN COUNTY

BOARD OF SUPERVISORS

TUESDAY, FEBRUARY 18, 2003

A moment of silence was held.

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

Minutes of the Board of Supervisors' Meeting of February 11, 2003. Approved. Mow/Marenco/5 B-03-233

Consent Items: #5, 9 & 17 - Pulled for discussion.

#9 - In response to questions from Supervisor Ornellas, Supervisor Mow and Chairman Sieglock, the County Administrator stated that the Sheriff has deemed that there is a need to have the radio, and that only time will tell as to what extent the helicopter will be used.

Captain Steve Moore of the Sheriff’s Department gave an update on the status of the various cities participating and supporting the helicopter program. He stated that there has been a favorable response from the Chief of Police in Manteca, the Chief of Police from Tracy and from the City of Stockton. However, presently all the cities are looking at their budgets. Captain Moore explained that certain agencies have different frequencies and different bands of radio communication. Therefore, if the helicopter is out servicing one of these communities and wants to communicate with the officers on the ground, the helicopter either has to relay through the Sheriff’s dispatch center through the phone line #9 (continued) - back and/or carry a couple of different portables. The requested radio will give them the

ability to have the helicopter communicate with other police agencies in the county on the ground.

Captain Moore said that their department would have to go back to the granting authority to explain what the grant would be used for if the money were to be spent in a different manner. If it became necessary, due to future possible budget cuts, the helicopter would remain on the ground and only be flown for CalMed and other missions for the Sheriff’s Office on a cost hour basis.

To date, the helicopter flies Thursday, Friday and Saturday nights and the amount of funding provided is for flight hours. The Sheriff’s Department uses ten hours of flight time that was provided in the original funding to cover the three days, and so far it has been very successful.

#17 – Supervisor Marenco stated that he could not support this resolution in light of the fact that the Board had previously opposed the East Altamont Energy Center and now the Board is being asked to approve recycled water. Paul Sensibaugh, General Manager of Mountain House, explained that this resolution does not change the Board’s position on the East Altamont Energy Center but simply says that the Board supports recycled water.

Supervisor Mow confirmed with Mr. Sensibaugh that the Board’s former position is not compromised by supporting the resolution regarding recycled water, and it is an opportunity to use the recycled water in an environmentally friendly position. Mike McGrew, Senior Deputy County Counsel, and Rick Gilmore, General Manager of the Byron Bethany Irrigation District, also addressed the Board on this matter.

Supervisor Gutierrez asked if the Board’s position in the document was strong enough. Mr. Sensibaugh stated yes, and he read the section of the resolution addressing Supervisor Gutierrez’s concern. Supervisor Gutierrez also asked Senior Deputy County Counsel Mike McGrew if he had anything to add. Mr. McGrew explained that he understood the Board’s position. He further stated that this action was being brought to the Board by the Board’s General Manager, specifically as Board of Directors of the Mountain House Community Services District, not as the Board of

#17 (continued) - Supervisors. The resolution has to do with recycled water, not the project.

Mr. Rick Gilmore, General Manager of the Byron Bethany Irrigation District, addressed the Board regarding this matter.

Supervisor Ornellas commented that the we should not lose sight that this resolution is good for Mountain House if recycled water can be used.

In response to Supervisor Gutierrez’s concern, Mr. Sensibaugh stated that he would attend the meeting of the California Energy Commission on February 24.

#5 - Dr. David Jensen, a pathologist with the Stockton Pathology Medical Group asked the Board that reconsideration be given to the selection of a vendor for pathology services at the San Joaquin General Hospital. Dr. Jensen explained that the reason he was requesting the reconsideration is that the valuation criteria and stated rules of the selection process were not followed. Steve Ebert, Hospital Director, and Jerry Sexton, addressed the Board on this matter. After considerable discussion, the Board continued this item to March 4, 2003.

Consent Items: #1– 4 & 6–16 –Approved. Mow/Marenco/5

Consent Item: #17 – Approved by Separate Motion. Ornellas/Mow/4 Supervisor Marenco/No

SCHEDULED MORNING ITEMS

9:00 a.m. - bos – Presented Proclamation Designating February 25, 2003 as "Spay Day USA". Janella Nichols, Animal Friends Connection, addressed the Board.

9:00 a.m. - bos - Presented Proclamation Proclaiming February 16-22, 2003, as "Black Infant Health Week" in San Joaquin County. Betty Haines and Susan Demontigny, San Joaquin County Black Infant Health, addressed the Board on this matter.

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

A) Children’s Services Coordinating Commission - 1 Position. Clerk of the Board to Readvertise.

B) French Camp Municipal Advisory Council - 4 Positions. Continue to March 4, 2003.

C) Housing Authority Board - 1 Position. Appointed Freida J. Thorp. Mow/Gutierrez/5 B-03-244

D) In-Home Supportive Services - 4 Positions. Appointed Randall Downey and Betty Sconyers. Marenco/Gutierrez/5 B-03-245

E) Linden Municipal Advisory Council - 3 Positions. Under Submission.

F) Local Child Care Planning Council - 2 Positions. Clerk of the Board to Readvertise.

G) Stockton Port District - 1 Position. Reappointed Gary Christopherson. Mow/Gutierrez/5 B-03-246

H) San Joaquin Regional Transit District Board - 1 Position. Reappointed Duane Isetti. Continued to February 25, 2003.

DISCUSSION - PUBLIC WORKS

1. pw - Authorize and Direct the Chairman of the Board of Supervisors to Sign a Letter to the California Department of Corrections Opposing the Proposed Conversion of the Northern California Women's Facility. Tom Flinn, Director of Public Works, Carie Vargas, and ToCan Nguyen, addressed the Board on this matter. Approved Staff Recommendation with the Modifications. Mow/Gutierrez/5 B-03-247

DISCUSSION - GENERAL GOVERNMENT

1. hist/museum - San Joaquin County Historical Society & Museum Annual Report to the Board of Supervisors. Michael Bennett, Society/Museum Director, addressed the Board on this matter. Approved Staff Recommendation. Mow/Gutierrez/5 B-03-248

COMMUNICATIONS

bos - Received and Referred all Board Communications this date as Outlined on the Communications Distribution Listing. Gutierrez/Mow/5 B-03-249

PUBLIC COMMENT

Emily Emory, addressed the Board regarding the staff security at the Courthouse the day the courts were closed and other concerns regarding discriminatory practices, affordable housing, destroying private property, and the failure to treat all people equal.

ToCan Nguyen, addressed the Board on various matters.

PUBLIC COMMENT (continued)

Ramiro Reyes, addressed the Board regarding continuing problems with the services of the Human Service Agency.

BOARD OF SUPERVISORS QUESTIONS AND COMMENTS

Supervisor Mow commented that Consent Calendar #8 could have been accomplished through the normal budget process. Supervisor Marenco indicated that this matter would be dealt with at budget time.

CLOSED SESSION

CONFERENCE WITH LABOR NEGOTIATOR

California Government Code Section 54957.6

Agency Negotiator: Manuel Lopez; Don Turko; John Bertke; Jeff Sloan; Harry Lewis; Robert Muszar

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)

ANADELY CORTEZ vs. SAN JOAQUIN COUNTY, Claim No. C0209015

NO SCHEDULED AFTERNOON ITEMS

CONSENT - HEALTH & HUMAN SERVICES

1. cao - Report Regarding Activities of the Mary Graham Children’s Shelter Development Manager. B-03-234

2. cob - Approve Announcement 1 Position on the Children & Families Commission. B-03-235

3. hcs - Application for Appointment to San Joaquin General Hospital Medical Staff. B-03-236

4. hcs - Application for Reappointment to San Joaquin General Hospital Medical Staff. B-03-237

5. hcs - Professional Services Agreement Between San Joaquin County, Health Care Services and Yosemite Pathology Medical Group, Inc. Continued to March 4, 2003.

CONSENT - PUBLIC WORKS

6. pw - Approval of an Agreement Titled "Amended Cooperative Agreement for the Franklin Boulevard-Thornton Road Bridge” Between the County of San Joaquin and the County of Sacramento. (4th District) A-03-118

7. pw - Approval and Adoption of Plans and Specifications for the Groundwater Monitoring Well Construction and Investigation and Setting a Bid Opening Date of March 6, 2003 at 1:30 p.m. R-03-111

CONSENT - LAW & JUSTICE

8. prob - Authorization to Utilize Salary Savings for Security Improvements at Juvenile Hall. (Continued from February 11, 2003) B-03-238

9. s/o - Sheriff-Technology Projects: Appropriations for 2002 CLEEP Funding. (4/5th's Vote Required) B-03-239 & B-03-240

CONSENT - GENERAL GOVERNMENT

10. cob - Approve Announcement of 1 Position on the Building Board of Appeals. B-03-241

11. cob - Approve Announcement of 1 Position on the Escalon Cemetery District. B-03-242

12. cob - Approve Announcement of 1 Position on the Northeast Community Center Advisory Board. B-03-243

13. fac/mgmt - Approve Second Amendment to Subsurface Oil, Gas and Mineral Lease Between County of San Joaquin and OXY Resources California LLC. A-03-119

14. fac/mgmt - Award Contract for the San Joaquin County Mental Health Data Center Remodeling Project. R-03-112

15. h/r - Assign the Class and Allocate One Position of Office Assistant Specialist and Delete One Position of Senior Office Assistant in Environmental Health Department. R-03-113

16. h/r - Create the New Class of Exemptions Supervisor, Assign the Class and Allocate One Position of Exemptions Supervisor, and Delete One Position of Office Supervisor in the Assessor-Recorder-County Clerk Budget. R-03-114

CONSENT - MOUNTAIN HOUSE COMMUNITY SERVICES DISTRICT

17. mhcsd - Adopt a Resolution Supporting the Use of Recycled Water. R-03-115

ADJOURNED TO TUESDAY, FEBRUARY 25, 2003 AT 9:00 A.M.

Sieglock/Mow/5 B-03-250

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).