SAN JOAQUIN COUNTY

BOARD OF SUPERVISORS

TUESDAY, JULY 22, 2003

A moment of silence was held.

PRESENT: SUPERVISORS ORNELLAS, MOW, MARENCO, SIEGLOCK

ABSENT: SUPERVISOR GUTIERREZ

Minutes of the Board of Supervisors' Meeting of July 15, 2003. Approved. Mow/Marenco/4 Gutierrez - Absent B-03-885

Consent Items: #5, 8 & 11 - Pulled for discussion.

Consent Item: #12 – Removed from Agenda by Department

Consent Item: #5 – Roger Speed, Director of Health Care Services, responded to Supervisor Marenco’s questions regarding clarification on the Physicians Employment Contract.

Consent Item: #11 – Joe Chelli, Deputy Director, Aging & Adult Services, responded to Supervisor Marenco’s question regarding this matter.

Consent Item: #8 – In response to Supervisor Mow, Roger Speed, Director of Health Care Services, explained further this item.

#11 - Angel Picon addressed the Board regarding this matter and urged the Board not to approve the contract.

Consent Items: #1 – 11 & 13 – 39 – Approved. Mow/Marenco/4 Gutierrez - Absent

SCHEDULED MORNING ITEMS

9:00 a.m. - cao - Special District Final Budget Hearing.

A) fac/mgnt - Adoption of Fiscal Year 2003-2004 Final Budget County Service Areas - Parks and Recreation. Craig Ogata, Director of Facilities Management, addressed the Board on this matter. Ornellas/Mow/4 Gutierrez - Absent B-03-913

B) f/c - Approve the Budgets for Fiscal Year 2003-2004 of the San Joaquin County Flood Control and Water Conservation District, Zones No. 9 and No. 10, Water Investigation Zone No. 2, Mokelumne River Water Power Authority, Assessments for Fiscal Year 2003-2004 and Providing for Collection of such Assessments on the Tax Roll; and Approve the Annual Engineer's Report for Water Investigation Zone No. 2, Including a Two Percent Escalator in Assessment Rates, and Collection of the Established Property Assessments on the Tax Roll. Tom Flinn, Director of Public Works, addressed the Board on this matter. Ornellas/Mow/4 Gutierrez - Absent R-03-439, R-03-440, & B-03-914

C) p/w - Fiscal Year 2003-2004 Special District Budgets and Ordinances Establishing Service Charges and Special Assessments on the Tax Rolls for Special Districts Administered by the Department of Public Works. Tom Flinn, Director of Public Works, and Harry Dedini, addressed the Board on this matter. OrnellasMow/4 Gutierrez – Absent Ordinance #4196, Ordinance #4197 & B-03-915

D) mhcsd - Mountain House Community Services District Public Hearing for Proposed Fiscal Year 2003-2004 Budget and Related Special Taxes and Fees. Paul Sensibaugh, General Manager of MHCSD, addressed the Board on this matter. Ornellas/Mow/4 Gutierrez - Absent B-03-916, R-03-441, R-03-442, R-03-443, R-03-444, R-03-445 & R-03-446

9:00 a.m. pw – Conduct a Public Hearing to Consider an Increase in Assessments for Various

County Lighting Districts, Maintenance Districts, and County Service Area #50.

(Continued from July 15, 2003. Public Hearing Closed) Ornellas/Mow/4 Gutierrez – Absent B-03-917

9:00 a.m. - cao - Support of North San Joaquin Water Conservation District Ballot Proceedings to Impose an Acreage Charge. (4th District) Manuel Lopez, County Administrator, Ed Steffani, General Manager, North San Joaquin Water Conservation District, James Pilkington, Martin Church, and Harry Dedini, and ToCan Nguyen, addressed the Board on this matter. (Continued from July 15, 2003) Motion Failed to Pass. Sieglock/Ornelas/2 Mow/Marenco/No Gutierrez - Absent

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

A) Drug and Alcohol Programs Advisory Board - 1 Position. Clerk of the Board to Readvertise.

B) In-Home Supportive Services Advisory Committee - 1 Position. Clerk of the Board to Readvertise.

9:15 a.m. - cdd - Public Hearing and Completion of Countywide Weed Abatement Program for 2003. Ben Hulse, Director of Community Development Department, and ToCan Nguyen, addressed the Board on this matter. Mow/Marenco/4 Gutierrez - Absent B-03-918

COMMUNICATIONS

bos - Received and Referred all Board Communications this date as Outlined on the Communications Distribution Listing. Sieglock/Marenco/4 Gutierrez – Absent B-03-919

PUBLIC COMMENT

ToCan Nguyen, addressed the Board on various matters.

Harry Dedini of Ripon addressed the Board on various matters.

BOARD OF SUPERVISORS QUESTIONS AND COMMENTS

Supervisor Ornellas, complimented Mr. Dedini for his work in the 4-H Program and stated that his three sons had participated in 4-H and hoped that more urban children would be involved more some day. He also thanked Western United Representative Gary Conover from Sacramento, and County employee Mike Huggins, who brought a map of San Joaquin County

Board of Supervisors Questions and Comments (continued)

showing the overlay of dairies in the county, and Board Members for their support in opposing AB 707. Supervisor Ornellas stated that if this bill passes, it will affect 70 per cent of the dairies in San Joaquin County.

Chairman Sieglock stated that AB 700 and AB 703 should be looked at. He also directed through the County Administrator’s Office that the Agricultural Commissioner and the Ag Advisory Board review the series of bills that may be harmful to agriculture.

Manuel Lopez, County Administrator, responded to Supervisor Mow’s concerns regarding the State Budget and cash flow issues.

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)

COUNTY OF SAN JOAQUIN et al vs. DORSEY MELTON et al.; San Joaquin Superior Court No. CV010926

H.D. ARNAIZ LTD. vs COUNTY OF SAN JOAQUIN: San Joaquin

Superior Court Case No. CV010728

PUBLIC EMPLOYMENT APPOINTMENT

California Government Code Section 54957

Title: Health Care Services Agency Director

SCHEDULED AFTERNOON ITEMS

1:30 p.m. - cdd - Public Hearing Regarding an Appeal by Linden Unified School District of the Planning Commission's Approval of Major Subdivision No. PA-02-462 of Robert Scheppmann & CRV Enterprises, Inc. (C/O Monte Seibel) (4th District) Ron Estes, Lincoln Unified School District, addressed the Board on this matter. Continued to August 26, 2003 at 1:30 p.m. Mow/Ornellas/4 Gutierrez – Absent B-03-921

1:30 p.m. - cdd - Public Hearing on the Draft 2003-2008 Housing Element Update. Ben Hulse, Director of Community Development Department, Jon Moore, Chief Deputy Director of Community Development Department, and Jeff Goldman, Principal Planner, Cotton Bridges Associations, addressed the Board on this matter. Approved Staff Recommendation. Marenco/Mow/4 Gutierrez – Absent B-03-922

CONSENT - HEALTH & HUMAN SERVICES

1. age/cs - Authorization to Submit the Fiscal Year 2003-04 Grant Application to the National Council on the Aging, Inc. for Senior Employment Services. B-03-886 & A-03-614

2. age/cs - Approval of State Department of Aging Community-Based Services Programs (CBSP) Contract for Fiscal Year 2003-04. B-03-887 & A-03-615

3. age/cs - Approval of Contract Amendment for Community Services Block Grant. (4/5th Votes Required) B-03-888, B-03-889 & A-03-616

4. age/cs - Acceptance of Fiscal Year 2003-04 Retired and Senior Volunteer Program (RSVP) Grant. (4/5th's Vote Required) B-03-890 & B-03-891

5. hcs - San Joaquin General Hospital Physician Employment Contract: Department of Surgery. A-03-617

6. hcs - San Joaquin General Hospital Purchase of Two Replacement Vehicles: One Food Services Delivery Van and One Housekeeping Truck. B-03-892

7. hcs - Application for Appointment to San Joaquin General Hospital Allied Health Professional Staff. B-03-893

8. hcs - San Joaquin General Hospital SB 1255 Medi-Cal Contract Negotiations: Emergency Services and Supplemental Payment Fund. B-03-894

Consent – Health & Human Services (continued)

9. hcs - Application for Appointment to San Joaquin General Hospital Medical Staff. B-03-895

10. hcs - Application for Reappointment to San Joaquin General Hospital Medical Staff. B-03-896

11. hsa - Announcement of Successful In-Home Supportive Services (IHSS) Program Contract Bidder for Fiscal Years 2003-2006. B-03-897

12. hsa - Request for Out-of-State Travel to Attend the National Eligibility Worker Association Training Conference in St. Paul, Minnesota. Removed from Agenda by Department.

13. mhs - Office Building Lease Agreement Modification: Hacienda Plaza. A-03-618

14. mhs - Approval of Mental Health Program Contracts for Fiscal Year 2003-04 (5). A-03-619 thru A-03-623

15. phs - Immunization Registry Memorandum of Understanding (MOU) with the Counties of Amador and Mariposa. B-03-898, A-03-624 & A-03-625

CONSENT - PUBLIC WORKS

16. pw - Acceptance of the Delaware Avenue Improvements Contract and Execution of a Notice of Completion. (1st District) R-03-430

17. pw - Intent to Establish County Service Area No. 46, Zone L (Heather Moor Estates, Unit No. 2); Levy Assessment for Street Lighting Service, Zone L; and Set the Public Hearing Date of September 9, 2003, at 9:00 a.m. (4th District) R-03-431

18. pw - Acceptance of the Household Hazardous Waste Facility Contract and Execution of a Notice of Completion. R-03-432

19. pw - Intent to Transfer a Portion of Escalon Ranch Colony Properties to County Service Area No. 49, Zone “L-1”; Including Establishing a Proposed Assessment for Street Lighting Service; and Set the Public Hearing Date of September 9, 2003, at 9:00 a.m. (4th District) R-03-433

20. pw - Report of Delinquent Mandatory Residential Refuse Collection Charges for Service Year 2002-03. R-03-434

CONSENT - LAW & JUSTICE

21. da - Board Order Authorizing the Purchase of one Vehicle for the District Attorney’s Victim Witness Assistance Program. B-03-899 & B-03-900

22. da - Renewal of Employment Contracts for Victim Witness Advocate I's (2). A-03-626 & A-03-627

23. da - Renewal of Employment Contracts for Deputy District Attorneys (18). A-03-628 thru A-03-645

24. prob - Renewal of Agreement with San Joaquin Data Cooperative for Evaluation of Probation Department Juvenile Justice Crime Prevention Act Programs. B-03-901 & A-03-646

25. prob - Approve Agreement with Center for Positive Prevention Alternatives for Operation of a Youth Service Bureau and Youth Shelter. B-03-902 & A-03-647

CONSENT - GENERAL GOVERNMENT

26. air- Approval of Assignment of Lease from Inland Investment Company to Premiere Partners at Stockton Metropolitan Airport. B-03-903 & A-03-648

27. bos - Opposition to Senate Bill 707 Prohibiting the Certification of an Environmental Impact Report for the Construction or Expansion of Confined Animal Facilities Under Certain Conditions. R-03-435

28. cao - Amendment of San Joaquin Regional Rail Commission Joint Exercise of Powers Agreement and Bylaws. B-03-904 & A-03-649

29. cdd - Agreement for Preparation of Environmental Impact Report #PA-02-65 for Quarry Excavation #QX-01-2 of RMC Pacific Materials, Inc. (5th District) (4/5^th’s Vote Required) B-03-905 & A-03-650

30. cdd - Resolution Authorizing Rescission of California Land Conservation Contracts or Position of California Land Conservation Contracts Under Governmental Code Section 51257 to Facilitate Lot Line Adjustments and the Execution of New Williamson Act Contracts Application Numbers PA-300134, PA-300137, PA-300225, PA-300249, PA-300135, PA-0300138, PA-030226 and PA-0300250. (4th & 5th Districts) R-03-436 & A-03-651, A-03-652, A-03-653, A-03-654

31. cob - Approve Announcement of 2 Positions on the Children's Services Coordinating Commission. B-03-906

32. cob - Approve Announcement of 1 Position on the Housing Authority Board. B-03-907

Consent – General Government (continued)

33. eedd - Recommendation to Declare Default of the Note and Loan Agreement of Kelley Bros. Brewing Co. of Manteca, LLC, a California Limited Liability Company, its Manager, Joseph N. Kelley II, Co-Manager and Guarantor and Shon E. Kelley, Co-Manager and Guarantor. B-03-908

34. isd - Radio Tower Lease Agreement for Farmington. B-03-909 & A-03-655

35. isd - Radio Tower Lease Agreement for Mt. Oso. B-03-910 & A-03-656

36. isd - Property Joint Use Agreements - Communications Equipment at Waterloo Morada Fire District and Ripon Fire District. B-03-911, A-03-657 & A-03-658

37. rev/rec - Compromise on San Joaquin General Hospital Account of Tem Houk. B-03-912

38. rov - Resolution Appointing Directors to Linden-Peters Rural Fire Protection District, California Irrigation District and Oakwood Lake Water District. R-03-437

CONSENT - MOUNTAIN HOUSE COMMUNITY SERVICES DISTRICT

39. mhcsd - Resolution Providing for the Adoption of a Mitigated Negative Declaration for the Interstate 205/Mountain House Parkway Interchange Improvement Project. R-03-438

ADJOURNED TO TUESDAY, AUGUST 5, 2003 AT 9:00 A.M.

Mow/Marenco/4 Gutierrez – Absent B-03-920

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).