SAN JOAQUIN COUNTY

BOARD OF SUPERVISORS

TUESDAY, MARCH 16, 2004

A Moment of Silence was held.

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

PRESENTATIONS

9:00 a.m. - bos - Proclamation Designating March 2004 as "Social Worker Appreciation Month.” Dave Erb, Deputy Director of Children’s Services, Human Services Agency, accepted proclamation.

Consent Items: #1, 4, 8, 12, and 16 pulled for discussion.

Consent Item: #1 - Supervisors Marenco and Mow had questions regarding the contract positions. However, since Ken Cohen, Interim Health Care Services Director, was not in attendance, the matter was continued to March 30, 2004.

Consent Item: #4 - County Counsel Terry Dermody and Judith Jones, Deputy Director of Program Development and Monitoring, Human Services Agency, responded to questions from Supervisor Mow regarding confidential information given to an outside vendor. Ms. Jones also responded to Supervisor Gutierrez’s questions regarding how we were selected.

Consent Item: #8 - Pulled for discussion by Supervisor Mow. Questioned the appropriation increase and estimated revenue. Tom Henning, Sheriff Administrative Analyst for the Sheriff’s Department responded to questions from Supervisor Mow regarding the appropriation increase and estimated revenue. ToCan Nguyen also addressed the Board on this matter.

Consent Item: #12 - Supervisor Mow commented that since this contract did not expire until June 30, 2004, it was too premature to extend the contract at this time. He suggested this contract be postponed until a new Community Development is appointed. Contract Postponed.

Consent Item: #16 - County Administrator Manuel Lopez and ISD Director Clark Bennett responded to questions and concerns of Supervisors Gutierrez and Mow regarding ongoing expenditures for CAPS.

ToCan Nguyen addressed the Board on Consent Items.

Consent Items: #2-11; and 13--16 – Approved. Mow/Marenco/4 Sieglock - Absent

CONSENT - HEALTH & HUMAN SERVICES

1. hcs - Approval of Health Care Services Contract Employment Agreements Renewals. Continued to March 30, 2004.

2. hcs - Authorization for Grant Funded Out-of-State Travel to Participate in the National Disaster Medical System Conference in Dallas, Texas. B-04- 285

3. hsa - Approval of Agreement with the Superior Court of California, County of San Joaquin Family Violence Court to Receive Funds from the Domestic Violence Trust Fund to Continue to Operate the Asistencia Latina de Violencia Domestica Program through June 30, 2004 and Approval of Related Budget Adjustments. (4/5ths Vote Required). B-04-286 & B-04-287 & A-04-171

4. hsa - Authorization of Memorandum of Understanding with Northwest Professional Consortium, Inc. to Access Social Service Data. B-04-288 & A-04-172

5. mhs - Approval of Third Modification of Agreement with California Institute for Mental Health for the Development of Community Integration Plans. A-04-173

6. mhs - Approval of First Modification of Agreement for Managed Care Network Provider Services. A-04-174

CONSENT - PUBLIC WORKS

7. pw - Approval and Adoption of Plans and Specifications for the Elliott Road Bridge Barrier Rail Replacement Across Mokelumne River and Setting a Bid Opening Date of April 15, 2004 at 1:30 p.m. R-04-133

CONSENT - LAW & JUSTICE

8. s/o - Adjust Appropriations for Strategic Plan Adopted by the CAL-ID RAN Committee. (4/5ths Vote Required). B-04-289 & B-04-290

9. s/o - Authorization for Out-of-State Travel to Attend the Federal Bureau of Investigation National Academy in Quantico, Virginia. B-04-291

CONSENT - GENERAL GOVERNMENT

10. bos - Resolution Supporting the Continuous Operation of Defense Distribution Center - San Joaquin. R-04-134

11. cao - Request from Member of the Public to Construct a Shade Structure that Does Not Conform to County Ordinances Regarding Right-of-Way and Setback Requirements. B-04-292

12. cdd - Execute Renewal of Employment Contract to Provide Project Management and Planning Services for the Mountain House New Community. Item postponed.

13. h/r - Request to Complete Hiring Process for a Position Control Technician in the Human Resources Division. B-04-293

14. h/r - Adoption of the Memorandum of Understanding for the Attorney Bargaining Unit and Approval of Related Budget Adjustments. (4/5ths Vote Required) B-04-294, B-04-295 & A-04-176

15. h/r - Adoption of Revisions to the Civil Service Rule 3 - Classification & Compensation. R-04-135

16. isd - Authorization to Award Consulting Contracts for Post-Production Support of the County Accounting and Personnel System. B-04-296 & A-04-177, A-04-178 & A-04-179

SCHEDULED MORNING ITEMS

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

A) Boggs Tract Community Center Advisory Board - 1 Position. Appointed Helen Sanders. Gutierrez/Mow/4 Sieglock/Absent B-04-298

B) Garden Acres Community Center Advisory Board - 1 Position. Continued one month.

C) Juvenile Justice Delinquency Prevention Commission - 1 Position. Clerk of the Board to Readvertise Position.

D) Larch Clover Community Center Advisory Board - 1 Position. Clerk of the Board to Readvertise Position.

DISCUSSION - HEALTH & HUMAN SERVICES

1. hsa - Presentation on Child Welfare Services Redesign. (Removed from Agenda)

COMMUNICATIONS

bos - Received and Referred all Board Communications this date as Outlined on the Communications Distribution Listing. Gutierrez/Marenco/4 Sieglock/Absent B-04-297

PUBLIC COMMENT

Ronald E. Gibbs Sr., former part-time employee of Mary Graham Children’s Shelter, addressed the Board regarding practices concerning the children and staff at Mary Graham Children’s Shelter.

ToCan Nguyen addressed the Board on various matters.

BOARD OF SUPERVISORS QUESTIONS AND COMMENTS

Supervisor Marenco requested that the County Administrator look into allegations made by Mr. Gibbs during Public Comment regarding the Mary Graham Children’s Shelter. County Administrator Manuel Lopez stated that the Board had previously directed staff to review allegations brought to the attention of the Board and that process was in progress. The Human Resources Department is in the process of hiring an outside source to conduct the review. A report would be coming before the Board in 4-6 weeks.

Board of Supervisors Questions and Comments (continued)

Supervisor Marenco commented on an article in the Monday, March 15, 2004 issue of the Modesto Bee regarding the electronic touch-screen voting machines that were used in San Joaquin County. He commended and gave credit to Deborah Hench, Registrar of Voters, for her efforts on this new electronic voting system.

Supervisor Marenco commented on correspondence dated March 11, 2004 from the San Joaquin Council of Governments regarding their recent adoption of a Regional Transportation Impact Fee urging the County and cities of Stockton, Lodi, Manteca, Tracy, Ripon, Escalon and Lathrop to adopt a permanent Regional Transportation Impact Fee. Supervisor Marenco inquired as to the status of the County Facilities Fee Program and why it did not come back to the Board. He requested that this matter be placed on an upcoming Board of Supervisors agenda for discussion and a vote. County Administrator stated that since this item was removed from the agenda approximately 1-1/2 months ago. Since that time, staff met twice with representatives of the development industry to address some concerns, and the matter should be back before the Board shortly. Supervisor Mow concurred that the County Facilities Fee Program needs to be brought back to the Board. Chairman Ornellas explained that he was responsible for removing the item from the agenda. At that time he had some concern that while the Board may have passed it, the building community would have gone to the various cities and perhaps killed the program there. His concern was to have all the cities on board. Chairman Ornellas assured that the matter would be coming to the Board soon. Supervisor Marenco stressed that he would like the County Facilities Fee Program and the matter of the SJCOG Resolution to come back to the Board at the same time.

Supervisor Gutierrez requested that a review of the Mary Graham Children’s Shelter be structured in a similar fashion that was done for the Probation Department. Human Resources Director Don Turko stated he did not believe the contract had been signed, and he would work with the County Administrator to make sure that his concerns were addressed. Supervisor Gutierrez again emphasized that he would rather see a very thorough and complete review rather than one that is done hastily.

CLOSED SESSION

CONFERENCE WITH LABOR NEGOTIATOR

California Government Code Section 54957.6

Agency Negotiator: Manuel Lopez; Don Turko; John Bertke; Jeff Sloan;

Geoff Rothman; Donna Williamson.

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)

DOUGLAS ROWELL vs. SAN JOAQUIN GENERAL HOSPITAL, and

DOES 1 to 25 inclusive; San Joaquin Superior Court Case No. CV019151.

NO SCHEDULED AFTERNOON ITEMS

ADJOURNED TO TUESDAY, MARCH 30, 2004 AT 9:00 A.M.

Gutierrez/Marenco/4 Sieglock/Absent B-04-299

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).