SAN JOAQUIN COUNTY

BOARD OF SUPERVISORS

TUESDAY, FEBRUARY 24, 2004

Moment of Silence was held.

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

SCHEDULED MORNING ITEMS

9:00 a.m. - pw - Meeting of the Mokelumne River Water & Power Authority.

PRESENT: DIRECTORS MOW, SIEGLOCK, GUTIERREZ, MARENCO ORNELLAS

1. Chairman Ornellas opened the Authority Meeting.

2. Roll Call.

3. Consent Items #3.1, 3.2, and 3.3 – Approved. Sieglock/Marenco/5

3.1 Minutes of the April 8, 2003 Regular Meeting. Approved.

3.2 Accept the Status Report Approved. B-04-214

3.3 Accept the Financial Report Approved. B-04-215

4. Presentation of MORE WATER Project Phase 1 - Reconnaissance Study Report. Mel Lytle, of Public Works Department, addressed the Board on this matter.

5. Public Comment - ToCan Nguyen addressed the Authority.

6. Adjournment of the Authority to the next scheduled meeting. Sieglock/Mow/5

Reconvened as the Board of Supervisors.

Minutes of the Board of Supervisors' Meeting of February 17, 2004. Approved. Sieglock/Mow/5 B-04-216

PRESENTATIONS

9:00 a.m. - bos - Proclamation Designating February and March 2004 as "One Book, One San Joaquin Months." Patty Wong accepted the proclamation.

Commendations were presented to retiring Captain Mike Esau and Assistant Sheriff Stan Hein of the San Joaquin County Sheriff’s Department.

CONSENT ITEM #1-15: Approved. Sieglock/Mow/5

Consent Item: #5 – Supervisor Sieglock noted that the addendum was received after the original amendment was distributed and wanted to know if it required a separate vote or if it was included as part of the amendment. County Counsel confirmed that it was part of the amendment.

TonCan Nguyen addressed the Board on this matter.

CONSENT - HEALTH & HUMAN SERVICES

1. hcs - Application for Reappointment to San Joaquin General Hospital Medical Staff. B-04-217

2. hcs - Application for Appointment to San Joaquin General Hospital Medical Staff. B-04- 218

3. mhs - Approval of Third Modification of Lease with Independence Day Investments for the Employee Assistance Program. A-04-129

CONSENT - PUBLIC WORKS

4. pw - Approval and Adoption of Plans and Specifications for the Report Avenue and Sierra Lane Resurfacing and Setting a Bid Opening Date of March 18, 2004 at 1:30 p.m. (lst District) R-04-105

CONSENT - LAW & JUSTICE

5. so - Introduce and Waive Reading of an Ordinance Amending Sections 4-6208, 4-6210 and 4-6303 of the Ordinance Code of San Joaquin County Pertaining to False Alarms. (Said Ordinance to be Adopted on 3/9/04). (Continued from 2/17/04) B-04-220

CONSENT - GENERAL GOVERNMENT

6. cao - Approval of Children and Families Commission (First 5 San Joaquin) Recommendations for Modification of Contracts (3). B-04-221 & A-04-130 & A-04-131 & A-04-132

7. cob - Approve Announcement of 2 Positions on the Housing Authority Board. B-04-222

8. cob - Approve Announcement of 1 Position on the Resource Conservation District. B-04-223

9. eedd - Approval of the Business Incubator Loan Program Request of PCS Connection, a California General Partnership. B-04-224

10. fac/mgmt - Approve Additive Change Order for the San Joaquin County Jail 132-Bed Expansion Project. B-04-225

11. purchasing - Approve Plans and Specifications for the Construction of Baseball Fields at Boggs Tract and Raymus Village Community Parks. R-04-106 & B-04-226

12. rev/rec - Compromise of San Joaquin General Hospital Account of Gloria Ontivero. B-04-227

CONSENT - MOUNTAIN HOUSE COMMUNITY SERVICES DISTRICT

13. mhcsd - Adopt an Ordinance Entitled "An Ordinance of the Mountain House Community Services District Pertaining to Solid Waste, Green Waste and Recyclables". (Said Ordinance was Introduced & Waived on 2/17/04). B-04-232, Ordinance #4208

14. mhcsd - Adopt an Ordinance Entitled "An Ordinance of the Mountain House Community Services District Setting Forth the Duties of the Purchasing Agent and Purchasing Procedures". (Said Ordinance was Introduced & Waived on 2/17/04). B-04-233 & Ordinance #4209

Consent – Mountain House Community Services District (continued)

15. mhcsd - Adopt an Ordinance Entitled "An Ordinance of the Mountain House Community Services District Setting Forth the General Provisions of the Ordinance Code of the Mountain House Community Services District. " (Said Ordinance was Introduced & Waived on 2/17/04). B-04-234 & Ordinance #4210

SCHEDULED MORNING ITEMS

9:00 a.m. - bos - APPOINTMENTS TO BOARDS & COMMISSIONS:

A) Advisory Water Commission - 1 Position. Clerk of the Board to Readvertise Position.

B) Commission on Aging - 1 Position. (Contd from 2/17/04) Clerk of the Board to

Readvertise Position.

C) Drug & Alcohol Programs Advisory Board - 3 Positions. Clerk of the Board to Readvertise Position.

D) Garden Acres Community Center Advisory Board - 1 Position. Clerk of the Board to Readvertise Position.

E) Harmony Grove Church Advisory Committee - 4 Positions. Reappointed Ingrid Powell, Charles Raynor, Clare Faber, & Peggy Ward Engh. Mow/Sieglock/5 B-04-228

F) Larch Clover Community Center Advisory Board - 2 Positions. Clerk of the Board to Readvertise Positions.

G) Taft Community Center Advisory Board - 1 Position. Reappointed Martha Lee Graves. Gutierrez/Mow/5 B-04-229

DISCUSSION - HEALTH & HUMAN SERVICES

1. hsa - Authorization of Contract with Council for the Spanish Speaking for Vendor Payment Service. (Contd from 2/10/04). Joseph Chelli, Director of Human Services Agency, and Judith Jones, Deputy Director of Program Development & Monitoring, briefed the Board. Reverend Bob Hailey, Jose Rodriguez, Executive Director, Council for Spanish Speaking, Albert Ellis, of Hakeem, Ellis & Marengo, representing Service First, Sharon Simas, ToCan Nguyen, Norma Lazo, Fiscal Officer for Service First, Elaine Dunbar, and Charles Pringle, addressed the Board on this matter. Approved Staff Recommendation and Awarded Contract to Council for the Spanish Speaking. Mow/Marenco/3 Sieglock/Ornellas/No A-04-133 & B-04-235

COMMUNICATIONS

bos - Received and Referred all Board Communications this date as Outlined on the Communications Distribution Listing. Seiglock/Gutierrez/5 B-04-230

PUBLIC COMMENT

Tina McKenzie, Reverend Bob Hailey, Tommie Muhammed, and Elaine Dunbar, addressed the Board on various issues regarding the death of Mondez Denmon.

Willie Collins addressed the Board regarding the assault of his nephew and other incidents that occurred at Mary Graham Children’s Shelter. He requested the Board to investigate this matter.

Marcell Denmon addressed the Board regarding the difficulty he has experienced in obtaining the modified death certificate of his son Mondez Denmon and that it would take approximately four months to receive it. He requested assistance in obtaining a copy before leaving back to Kanses City, Missouri.

Charles Pringle addressed the Board and suggested that Public Comment be at the beginning of the agenda in order to allow citizens to speak first rather than waiting for all of the other items to be discussed. Mr. Pringle also talked about the checklist he received when he applied for a building permit.

ToCan Nguyen addressed the Board on various matters.

BOARD OF SUPERVISORS QUESTIONS AND COMMENTS

Chairman Ornellas asked if there was anything the Board could request regarding the matter of Mary Graham Hall. County Counsel Terry Dermody advised that if the Board wished, the Chairman could refer the inquiry through the County Administrator for a report back to the Board. He further stated that depending upon the issues involved, the report could be in part public and part non-public, and some of it may not be considered by the Board at all because it may not be within the jurisdiction of the Board but rather within the jurisdiction of Juvenile Court. However, those various issues could be laid out in a report back to the Board. Therefore Chairman Ornellas requested a report.

Supervisor Ornellas commented on constitutents who wish to schedule an appointment with him.

CLOSED SESSION

CONFERENCE WITH LABOR NEGOTIATOR

California Government Code Section 54957.6

Agency Negotiator: Manuel Lopez; Don Turko; John Bertke; Jeff Sloan; Donna Williamson; Geoff Rothman

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)

FRANCISCO CRUZ et al. vs. VIKTOR KHASHUHUK et al.; San Joaquin Superior Court Case No. CV015525

PUBLIC EMPLOYMENT California Government Code Section 54957

Title: Director of Community Development

CONFERENCE WITH PROPERTY NEGOTIATOR California Government Code Section 54956.8

Property: 4124 E. Cherokee Road in Stockton

Negotiating Parties: Judy Pfeile, First Commercial Realty; Mr. Hans H. Frey, owner; and Craig Ogata, Director of Facilities Management

Under Negotiation: Price and terms of payment.

SCHEDULED AFTERNOON ITEM

1:30 p.m. - cdd - Public Hearing Regarding Development Title Text Amendment #PA-03-28 of the San Joaquin County Community Development Department to Replace the Interim Urgency Ordinance Pertaining to Flood Management Regulations with a Permanent Ordinance. (All Districts) Kerry Sullivan, Deputy Director, of Community Development Department, addressed the Board on this matter. Approved Negative Declaration and Text Amendment #PA-03-28. Sieglock/Gutierrez/5 B-04-236 & Ordinance #4211

ADJOURNED TO TUESDAY, MARCH 9, 2004 AT 9:00 A.M.

Sieglock/Mow/5 B-04-231

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).