Board of Supervisors San Joaquin County MINUTE SUMMARY	LEROY ORNELLAS Chairman Fifth District STEVEN GUTIERREZ Vice Chairman First District DARIO L. MARENCO Second District VICTOR MOW Third District JACK A. SIEGLOCK Fourth District
MANUEL LOPEZ County Administrator TERRENCE R. DERMODY County Counsel LOIS M. SAHYOUN Clerk of the Board

SAN JOAQUIN COUNTY

BOARD OF SUPERVISORS

TUESDAY, MAY 25, 2004

A moment of silence was held.

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

Minutes of the Board of Supervisors' Meeting of May 18, 2004. Approved. Mow/Marenco/5 B-04-537

APPROVE CONSENT ITEMS # 1-28:

Consent Items: #8, 21, 23 & 28 - Pulled for discussion.

Consent Item: #8 – Bill Mitchell, Director of Public Health Services, responded to Supervisor Marenco’s question in regards to the contract with Community Partnership of Families for Medi-Cal Administrative Activities.

Consent Item: #23 – In response to Supervisor Marenco and Supervisor Gutierrez’s questions, Manuel Lopez, County Administrator, and Steve Dial, Director of Administrator/Chief Financial Officer, Council of Governments, clarified the Annual Financial Plan for Fiscal year 2004-05.

Consent Item: #28 – Paul Sensibaugh, General Manager of Mountain House Community Services District, and Manuel Lopez, County Administrator, responded to Supervisor Marenco’s questions regarding the Resolution of the Mountain House Community Services Development Setting Forth Personnel Policies and Procedures.

Consent Item: #21 – Pulled by Chairman Ornellas to make comments in regards to Purchase Agreement for Vernal Pool Preservation Credits.

ToCan Nguyen addressed the Board on various consent items.

Consent Items: #1 –22 & 24 – 28. Approved. Mow/Gutierrez/5

#9 – Supervisor Sieglock/No

#23 – Sieglock/Mow/3 Gutierrez/Marenco - No

CONSENT - HEALTH & HUMAN SERVICES

1. cob - Approve Announcement of 5 Positions on the Commission on Aging. B-04-538

2. cob - Approve Announcement of 3 Positions on the Public Health Advisory Board. B-04-539

3. hsa - Approval of Contract with the State Department of Aging for Multipurpose Senior Services Program for Fiscal Year 2004/05. B-04-540 A-04-367

4. hsa - Contract Modifications for Adult Services Program Subcontracts. B-04-541 A-04-368 A-04-369

5. hsa - Approval of Agreement with California State Association of Counties to Retain Consultants for the Interim Statewide Automated Welfare System. A-04-370

6. mhs - Appointment of Public Guardian/Conservator. B-04-542

7. mhs - First Modification of Independent Consultant Agreement with Central California Advocates for the Conservator's Office. A-04-371

8. phs - Approval of Contract with the Community Partnership for Families for Medi-Cal Administrative Activities. B-04-543 & A-04-372

9. phs - Resolution to Authorize Submittal of an Application for the Male Involvement Program Grant to the State Department of Health Services. R-04-269

10. phs - Resolution to Authorize Submittal of an Application for the Dental Disease Prevention Program Grant to the State Department of Health Services. R-04-270

CONSENT - PUBLIC WORKS

11. pw - Approve Release of Certain Securities Related to Minor Subdivision MS-00-23, Northeast of the Intersection of Thornton Road and State Highway Route 12. (4th District) B-04-544

12. pw - Adopt an Ordinance Providing for No Parking Zones on a Portion of Both Sides of Banner Street, Republic Way, Flag City Boulevard, De Broggi Road, and Thornton Road. (4th District) (Said Ordinance Introduced May 18, 2004) Ordinance #4215

13. pw - Award of Contract for the Elliott Road Bridge Barrier Rail Replacement Across Mokelumne River. (4th District) R-04-271

14. pw - Acceptance of the Sidewalk Accessibility Program, Phase 2, Contract and Execution of A Notice of Completion. (1st, 2nd, and 3rd Districts) R-04-272

15. pw - Award of Contract for the Olive Avenue Resurfacing. (2nd District) R-04-273

16. pw - Increase in Appropriations with Offsetting Revenues for County Service Area No. 44. (4/5th's Vote Required) (5th District) B-04-545

CONSENT - LAW & JUSTICE

17. css - Appropriate Medical Insurance Incentive Funding for Department of Child Support Services. (4/5th's Vote Required) B-04-546 & B-04-547

18. da - Approval of Employment Contract for Victim Advocate I - State Grant-Funded Contract Position. A-04-373

19. da - Resolution of Intent to Contract for a Grant with the Victims Compensation and Government Claims Board to Operate the Victim Assistance Center. R-04-274 & A-04-374

20. da - Resolution Accepting a Grant from the Victims Compensation and Government Claims Board to Operate the Funeral Burial/Domestic Violence Program. R-04-275 & A-04-375

CONSENT - GENERAL GOVERNMENT

21. air - Purchase Agreement for Vernal Pool Preservation Credits for the North Side Air Cargo Apron at Stockton Metropolitan Airport - AIP 3-06-0250-20. R-04-276 & A-04-376

22. aud - Proposition 4 Compliance Adjustments to the County's 2003-2004 Budget. (4/5ths Vote Required) B-04-548

23. cao - San Joaquin Council of Governments' Annual Financial Plan for Fiscal Year 2004-05. B-04-549

24. cob - Approve Announcement of 1 Position on the Children's Services Coordinating Commission. B-04-550

25. cob - Approve Announcement of 1 Position on the Workforce Investment Board. B-04-551

26. cdd - Request for Refund of Planning Fees (PA-0400203/PA-0400204) for Tarditi Rentals PTP. (4th District) B-04-552

27. h/r - Authorize Insurance Settlement for 1997 General Hospital Fire Damages - 5th Floor. B-04-553 A-04-377

CONSENT - MOUNTAIN HOUSE COMMUNITY SERVICES DISTRICT

28. mhcsd - Resolution of the Mountain House Community Services District Setting Forth Personnel Policies and Procedures - Joint Resolution Approving a Memorandum of Understanding Between the County of San Joaquin and the Mountain House Community Services District Regarding Participation by Mountain House Employees in the County Deferred Compensation, Cafeteria, Medical Benefits, Life Insurance, Workers Compensation Insurance and Unemployment Insurance Programs - Resolution Establishing Wages, Salary and Benefits for Employees of the Mountain House Community Services District - Resolution Adopting Job Classifications for the Mountain House Community Services District - Resolution Approving Mountain House Community Services District General Manager Contract. R-04-277, R-04-278, A-04-378, R-04-279, R-04-280, R-04-281 & A-04-379

SCHEDULED MORNING ITEMS

bos - APPOINTMENTS TO BOARDS & COMMISSIONS:

A) Drug & Alcohol Programs Advisory Board - 3 Positions. Appointed William R. Brown. Clerk of the Board to Readvertise Remaining Positions. Gutierrez/Sieglock/5 B-04-554

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

The Board went into closed session at 9:50 a.m. on the items listed on the agenda, and recessed for about 20 minutes at which time they returned from recess and continued with their calendar.

CLOSED SESSION

CONFERENCE WITH LABOR NEGOTIATOR

California Government Code Section 54957.6

Agency Negotiator: Manuel Lopez; Don Turko; Wayne Heine; John Bertke; Jeff Sloan; 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 - ANTICIPATED LITIGATION

Initiation of litigation Pursuant to California Government Code Section 54956.9(c); 2 cases

PUBLIC EMPLOYMENT

California Government Code Section 54957

Title: Chief Deputy Director of Substance Abuse and Correctional Health Services

9:00 a.m. - ag/comm - Presentation of the 2003 Annual Crop Report by Scott Hudson, Agricultural Commissioner. Accepted the 2003 Annual Crop Report. Gutierrez/Sieglock/5 B-04-555

9:00 a.m. - mhcsd - Resolution of Necessity of the Mountain House Community Services District Board of Directors and Directing that an Action in Eminent Domain be Instituted for the Acquisition of Real Property for Improvement to and Construction of a Roadway. (4/5ths Vote Required) Paul Sensibaugh, General Manager of Mountain House Community Services District, Paul Balestracci, Special Counsel, Neumiller & Beardslee, ToCan Nguyen, William Cook, Richard S. Calone, LLP, Attorneys and Counselors at Law, Representing Mr. & Mrs. Machado, and Richard G. Hyppa, Tracy Law Center, Representing Ricardo Esquivel, Steve Herum, Attorney at Law, Representing Trimark Communities, Sharon Rogers, Larry Castillanos, addressed the Board on this matter. Continued the Public Hearing and it is to remain open until June 15, 2004 at 9:00 a.m. or as soon thereafter as the matter can be heard. Sieglock/Mow/5 B-04-556

9:15 a.m. - cdd - A Public Hearing to Hear All Protests to the Order for the Removal of Noxious and Dangerous Weeds and the Board Order Directing the Fire Warden to Abate Noxious and Dangerous Weeds. (All Districts) Kerry Sullivan, Director of Community Development Department, and Steve Dalton, Fire Warden, ToCan Nguyen, Robert Surell, and Chief Ed Martel, Montezuma Fire District, addressed the Board on this matter. Approved Staff Recommendation. Mow/Gutierrez/5 B-04-557

DISCUSSION - LAW & JUSTICE

1. pub/def - Authorization to Fill 2 Deputy Public Defender Positions in the Public Defender's Office. Gerald Gleeson, Public Defender, Manuel Lopez, County Administrator, addressed the Board on this matter. Motion to fill 2 Positions Failed. Gutierrez/Marenco/2 Mow/Seiglock/Ornellas/No B-04-558

DISCUSSION - GENERAL GOVERNMENT

1. cao - Oral Report by the State Advocate on the Governor’s May Revision. Manuel Lopez, County Administrator, and Don Peterson, State Legislative Advocate, addressed the Board on the status of the State Budget. Accepted Oral Report No Action Taken.

COMMUNICATIONS

bos - Received and Referred all Board Communications this date as Outlined on the Communications Distribution Listing. Sieglock/Mow/5 B-04-559

PUBLIC COMMENT

ToCan Nguyen, addressed the Board on various matters.

BOARD OF SUPERVISORS QUESTIONS AND COMMENTS

There were no Board of Supervisors Questions and Comments.

NO SCHEDULED AFTERNOON ITEMS

ADJOURNED TO TUESDAY, JUNE 8, 2004 AT 9:00 A.M.

Sieglock/Gutierrez/5 B-04-560

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).