SAN JOAQUIN COUNTY

BOARD OF SUPERVISORS

TUESDAY, MARCH 9, 2004 – 9:00 A.M.

A moment of silence was held.

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

Minutes of the Board of Supervisors' Meeting of February 24, 2004. Approved. Sieglock/Gutierrez/5 B-04-246

PRESENTATIONS

9:00 a.m. - bos - Proclamation Designating March 2004 as “American Red Cross Month.” Georgia Nix, Executive Director of American Red Cross – San Joaquin County, accepted the proclamation.

CONSENT ITEMS #1 – 30:

Consent Items: #12–16 & 29 – Removed from the Agenda.

Consent Items: #1 & 25 - Pulled for discussion.

Consent Item: #1 – Joseph Chelli, Director of Human Services, responded to Supervisor Mow’s question regarding funding.

Consent Item: #25 – Don Turko, Director of Human Resources, updated the Board with information in response to Supervisor Sieglock’s request to discuss what the county can do to obtain lower medical premium rates for retired county employees. Dick Callistro, a retired county employee and Chairman of the Health Committee representing retired county employees, addressed the Board on this matter.

Consent Items: #1–11, 17– 28 & 30 – Approved. Sieglock/Mow/5

ToCan Nguyen addressed the Board on Consent Items.

CONSENT - HEALTH & HUMAN SERVICES

1. age/cs - Approval of Amendments to Issue Baseline Increases and One-Time-Only Funds to Family Caregiver Support Program Subcontractors. B-04-250, A-04-144 & A-04-145

2. cao - Children and Families Commission (First 5 San Joaquin) Recommendation to Fund School Readiness District Coordinators. B-04-251 & A-04-146 thru A-04-152 (7)

3. cob - Approve Announcement of 3 Positions on the Mental Health Board. B-04-252

4. hcs - Agreement for Furnishing Nursing Clinical Experience Between Sonoma State University and San Joaquin General Hospital. A-04-153

5. mhs - Approval of Contracts for Residential Placement Services. B-04-253

CONSENT - PUBLIC WORKS

6. pw - Intent to Establish Zone "K" (Woodbridge Main Street Area Landscape Maintenance District) Within County Service Are No. 48 - Woodbridge, Including a Proposed Assessment; and Set the Public Hearing Date of April 27, 2004. (4th District) R-04-116

7. pw - Acceptance of the Lower Sacramento Road Corridor Improvement Contract and Execution of a Notice of Completion. (4th District) R-04-117

8. pw - Approval and Adoption of Plans and Specifications for the Thornton Road Improvements and Setting a Bid Opening Date of April 1, 2004, at 1:30 p.m. (4th District) R-04-118

9. pw - Approval and Adoption of Plans and Specifications for the Devries Road Resurfacing and Setting a Bid Opening Date of April 1, 2004, at 1: 30 p.m. (4th District) R-04-119

Consent – Public Works (continued)

10. pw - Designate and Authorize a County Team to Negotiate with the East Bay Municipal Utility District Regarding Use of Proposed Freeport Regional Water Project Facilities. B-04-254

11. pw - Implement Local Government Transportation Control Measures in the Extreme Ozone Attainment Demonstration Plan for the San Joaquin Valley. R-04-120

CONSENT - LAW & JUSTICE

12. da - Resolution to Contract for a Grant with the Office of Criminal Justice Planning and the Office of Homeland Security/Office of Emergency Services for the Anti-Drug Abuse Enforcement Program. Continued to March 30, 2004.

13. da - Resolution to Contract for a Grant with the California Department of Insurance for an Automobile Insurance Fraud and Investigation Program and to Adjust Appropriations in the Auto Insurance Fraud Prosecution Budget Unit. Continued to March 30, 2004.

14. da - Resolution to Contract for a Grant with the Office of Criminal Justice Planning and the Office of Homeland Security Office of Emergency Services for the Violence Against Women Vertical Prosecution Program. Continued to March 30, 2004.

15. da - Resolution to Contract for a Grant with the Office of Homeland Security/Office of Emergency Services for the Vertical Prosecution Program. Continued to March 30, 2004.

16. da - Resolution to Contract for a Grant with the Office of Homeland Security/Office of Emergency Services for the Rural Crimes Prevention Program. Continued to March 30, 2004.

17. so - Authorize Purchase of 911 Equipment Funded by the State 911 Emergency Communications Office. (4/5th's Vote Required) B-04-255 & B-04-256

18. so - Adopt an Ordinance Amending Sections 4-6210 and 4-6303 of the Ordinance Code of San Joaquin County Pertaining to False Alarms. (Said Ordinance was Introduced & Waived on 2/24/04) B-04-257 & Ordinance #4212

CONSENT - GENERAL GOVERNMENT

19. cob - Approve Announcement of 1 Position on the Agricultural Advisory Board. B-04-258

20. cob - Approve Announcement of 2 Positions on the Revolving Loan Fund of Directors. B-04-259

Consent – General Government (continued)

21. eedd - Renewal of Sublease Agreements with State Employment Development Department for Office Space at its Facilities in Lodi and Tracy. B-04-260, A-04-154 & A-04-155

22. fac/mgmt - Approve Assignment of Concession Contract for Amusement Rides and Tree Top Cafe - Micke Grove Park. A-04-156

23. fac/mgmt - Approve Amendment to Contractor Pre-qualification for Major Public Improvement Construction Projects to Include Construction Technology Program Participation. B-04-261

24. h/r - Approve Amendment to the Memorandum of Understanding (A-02-809) for the Registered Nurses Bargaining Unit and Implement Classification Project #03-025: Create, Assign and Allocate the Class of Nurse Midwife in Health Care Services. B-04-262, R-04-121 & A-04-157

25. h/r - Extend and Adopt Retiree Health and Dental Plans and Establish and Adopt Premium Rates for Medical and Dental Insurance Plans for Retirees. B-04-263

26. purch - Approve Amendment #1 to PeopleSoft, Inc. Software License and Services Agreement. B-04-264 & A-04-158

27. rov - Resolution Appointing William C. Scott, Jr. to the Board of Directors of Lathrop Irrigation District. R-04-122

28. treas/tax/colltr - Approve the Employment Contract for a Field Collector. A-04-159

CONSENT - MOUNTAIN HOUSE COMMUNITY SERVICES DISTRICT

29. mhcsd - Authorize General Manager to Sign a Letter Received from Shell Oil by Which Shell Oil Agrees to Remediate Soil Contamination and Indemnify the Mountain House Community Services District and Trimark Communities, Inc. Removed from Agenda by Department.

30. mhcsd - Communications Equipment and Property Joint Use Agreement Between the Mountain House Community Services District and the County of San Joaquin. B-04-265 & A-04-160

SCHEDULED MORNING ITEMS

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

A) Advisory Water Commission - 1 Position. Reappointed Matthew Herrero. Sieglock/Mow/5 B-04-247

Scheduled Morning Items (continued)

B) Boggs tract Community Center Advisory Board - 1 Position. Appointed Arnissa Alvarado. Gutierrez/Mow/5 B-04-248

C) Children's Services Coordinating Commission - 1 Position. Continued to April 6, 2004.

D) Linden Municipal Advisory Council - 3 Positions. Appointed Scott H. Bryant and Remaining Positions Under Submission. Seiglock/Gutierrez/5 B-04-249

DISCUSSION - GENERAL GOVERNMENT

1. rov - Oral Report on Electronic Voting in San Joaquin County - 2004 Primary Election. Debby Hench, Registrar of Voters, addressed the Board on this matter. Approved Oral Report. Sieglock/Gutierrez/5 B-04-266

2. cao - 2003-04 Midyear Budget Report. Manuel Lopez, County Administrator, John Drummond, Assistant Sheriff, Stephanie Batey, SEIU Representative, and ToCan Nguyen, addressed the Board on this matter. Approved Staff Recommendation. Sieglock/Mow/5 B-04-267 & B-04-268

DISCUSSION - HEALTH & HUMAN SERVICES

1. hcs - San Joaquin General Hospital Budget Update and Recommended Corrective Action Plan. Kenneth Cohen, Interim Health Care Services Director, Stephanie Batey, and ToCan Nguyen, addressed the Board on this matter. Approved Staff Recommendation. Marenco/Sieglock/5 B-04-275

2. mhs - Consideration and Approval of Midyear Budget Position Allocation Changes. Bruce Hopperstad, Director of Mental Health, addressed the Board on this matter. The Board directed staff to come back to the Board with a report in response to Board questions and concerns on April 6, 2004, and directed staff to meet with all of the individuals who made completed Public Comment Forms. The Board did approve Recommendations #3 and #4 as outlined in the Board Letter. Sieglock/Gutierrez/5 R- 04-123

COMMUNICATIONS

bos - Received and Referred all Board Communications this date as Outlined on the Communications Distribution Listing. Sieglock/Gutierrez/5 B-04-269

Chairman Ornellas announced, prior to going into Closed Session, that the Board would recess until 2:00 p.m., and that Public Comment would be on the Afternoon Session.

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)

CHUE YANG vs. DEPUTY DAVIS et al.; San Joaquin Superior Court Case No. CV017395

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

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

California Government Code Section 54956.8

Property: County Hospital site by Interstate 5 and Mathews Road

Negotiating parties: Joseph Saqueton, Contracting Officer department of Veteran’s Affairs; Craig Ogata, Director of Facilities Management

Under negotiation: Price and terms of payment

SCHEDULED AFTERNOON ITEMS

Chairman Ornellas opened the afternoon session at 2:00 p.m..

PUBLIC COMMENT

ToCan Nguyen, addressed the Board on various matters.

Chairman Ornellas announced that he last scheduled Public Hearing matter was being taken out of sequence due to a request for postponement received from H. Thomas Beck, Attorney for the adjoining landowners of the project site. Mike Hakeem, counsel for VFW Post 1051 in Ripon, had no objection to the matter being postponed. Chairman Ornellas opened the Public Hearing and the matter was continued to July 13, 2004 at 1:30 p.m..

1:30 p.m. - cdd - Public Hearing Regarding Yearly Report on VFW Post 1051 Status as Required by Site Approval No. PA-02-625 of Old German Baptist Church. (C/O VFW Post 1051) (5th District) Kerry Sullivan, Deputy Director of Community Development Department, addressed the Board on this matter. Continued to July 13, 2004 at 1:30 p.m. Sieglock/Mow/5 B-04-273

fac/mgmt - Approve Agreement for Design Services for the Veteran's Administration Clinic and San Joaquin General Hospital Dialysis Clinic. Craig Ogata, Director of Facilities Management; Tino Adame, Commander of Karl Ross Post; Cary Martin, Service Officer for Karl Ross Post, and ToCan Nguyen addressed the Board on this matter. Approved Staff Recommendation. Mow/Marenco/5 A-04-161

1:30 p.m. - cdd - Public Hearing on Community Development Block Grant Program Entitlement Statement for FY 2004-05. Jon Moore, Deputy Director of Community Development Department, ToCan Nguyen, and Nowana Gray, addressed the Board on this matter. Approved Staff Recommendation. Mow/Marenco/5 B-04-270

1:30 p.m. - cdd - Public Hearing on Home Investment Partnership Program Entitlement Statement for FY 2004-05. Jon Moore, Deputy Director of Community Development Department, addressed the Board on this matter. Approved Staff Recommendation. Gutierrez/Mow/5 B-04-271

1:30 p.m. - cdd - Public Hearing on Emergency Shelter Grant Program Entitlement Statement for FY 2004-05. Jon Moore, Deputy Director of Community Development Department, and Amber Twitchell on behalf of Linda Mascarenas, Director of the Center for Positive Prevention Alternatives, Inc., addressed the Board on this matter. Approved Staff Recommendation. Sieglock/Gutierrez/5 B-04-272

BOARD OF SUPERVISORS QUESTIONS AND COMMENTS

Chairman Ornellas stated that the wife of Public Works Director Tom Flinn was very ill. County Administrator Manuel Lopez said that he had just spoken with Mr. Flinn and learned that Mrs. Flinn was doing better.

Supervisor Gutierrez requested that the Board Meeting be adjourned in memory of Frances Girley, an active member of the Boggs Tract Community Center Advisory Board, who recently passed away.

ADJOURNED TO TUESDAY, MARCH 16, 2004 AT 9:00 A.M.

Sieglock/Gutierrez/5 B-04-274

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).