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, JULY 20, 2004

A moment of silence was held.

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

Minutes of the Board of Supervisors' Meeting of July 13, 2004. Approved. Sieglock/Mow/5 B-04-738

APPROVED CONSENT ITEMS # 1-25

Consent Items: #2 & 8 – Pulled for discussion.

Consent Items: #1, 3– 7, & 9– 25 Approved. Sieglock/Mow/5

Consent Item: # 2 – Pulled for discussion by Supervisors Marenco and Mow. Lani Schiff-Ross, First Five of San Joaquin Coordinator, responded to questions on how the program works, and how the program will outreach to the community, particularly to those areas that are not use to this type of program. He requested that a report come back to the Board half way through the program that includes information on how the money was spent, what the program has done and how it was done, and how many people were reached. Supervisor Mow expressed his concerns as to whether or not Public Health is the best agency for this program or if the Human Services Agency would have a better connection with the community for these type of services. In response to Supervisor

Consent Items (continued)

Mow, Ms. Schiff-Ross and County Counsel Terry Dermody clarified language in the contract with regard to a county agency not contracting with itself.

Consent Item: #8 – Bruce Hopperstad, Director of Mental Health Services, responded to Supervisor Mow’s questions regarding the state and federal funding for the multi-year agreement. If the deadline of July 31 is met, the County will receive $8 million.

Consent Item: #10 – Supervisor Gutierrez commented on the B Street improvement project. He gave credit to and thanked Public Works Director Tom Flinn, and Public Works Deputy Director Manuel Solario and staff for seeing this project through.

Supervisor Mow congratulated Public Works Director Tom Flinn, on recently being awarded the Public Works Director of the Year by the American Association of Cities and Counties.

Public Works Director Tom Flinn thanked Supervisor Gutierrez for his support on the B Street improvement project. He also acknowledged and thanked the many public works staff that were involved in this project.

ToCan Nguyen addressed the Board.

Supervisor Marenco expressed his concern regarding the racial comments made and that they should be immediately stopped.

Consent Items: #2 & 8 – Approved. Sieglock/Gutiererz/5

CONSENT - HEALTH & HUMAN SERVICES

1. age/cs - Approval of Contract with the State Department of Aging for the Senior Community Services Employment Program for Fiscal Year 2004-05. B-04-739 & A-04-585

2. cao - Children and Families Commission (First 5 San Joaquin) Recommendation to Fund San Joaquin County Public Health Services for the Unintentional Injuries Prevention Coordinator Project. B-04-740

3. cob - Approve Announcement of 2 Positions on the Emergency Medical Care Committee. B-04-741

4. hcs - Applications for Reappointment to San Joaquin General Hospital Medical Staff. B-04-742

Consent – Health & Human Services (continued)

5. hcs - Applications for Appointment to San Joaquin General Hospital Medical Staff. B-04-743

6. hsa - Out-of-State Travel Request to Attend the National Eligibility Worker Association Training Conference in Savannah, Georgia. B-04-744

7. hsa - Approval of Contracts with Community Based Organizations for the County Community Service Program for Fiscal Year 2004-05. B-04-745, A-04-586 thru A-04-591 (6)

8. mhs - Approval of Agreements with the California Department of Alcohol and Drug Programs for the Provision of Substance Abuse Services. A-04-592

CONSENT - PUBLIC WORKS

9. pw - Agreement for Consulting Engineering Services for the Foothill and North County Sanitary Landfill Sites Improvements. B-04-746 & A-04-593

10. pw - Award of Contract for the B Street Improvements. (1st District) R-04-401

11. pw - Acceptance of the Report Avenue and Sierra Lane Resurfacing Contract and Execution of a Notice of Completion. (2nd District) R-04-402

12. pw - Introduce and Waive Reading of an Ordinance Providing for a Speed Limit of 45 Miles Per Hour on a Portion of Airport Way, from Louise Avenue to Union Pacific Railroad Tracks. (3rd District) (Said Ordinance to be Adopted July 27, 2004) B-04-747

13. pw - Introduce and Waive Reading of an Ordinance Providing for a No Parking Zone on a Portion of Pershing Avenue. (3rd District) (Said Ordinance to be Adopted on July 27, 2004) B-04-748

CONSENT - LAW & JUSTICE

14. s/o - Renewal of Contract with Corps of Engineers for Law Enforcement Services at Stanislaus River Parks. B-04-749 & A-04-594

CONSENT - GENERAL GOVERNMENT

15. air - Authorize Payment to the National Fish and Wildlife Foundation for Vernal Pool Mitigation for the North Side Air Cargo Apron at Stockton Metropolitan Airport. B-04-750

Consent – General Government (continued)

16. ag/comm - Approval of Agreements with California Department of Food and Agriculture for High Risk Pest Exclusion Inspection Services, Pest Detection Trapping

17. Services, and Fruit and Vegetable Inspection Services. B-04-751, A-04-595, A-04-596 & A-04-597

17. cao - Reappointment of Agricultural Commissioner/Sealer of Weights and Measures. B-04-752

18. cob - Approve Announcement of 1 Position on the Agricultural Advisory Board. B-04-753

19. cob - Approve Announcement of 2 Positions on the Parks and Recreation Commission. B-04-754

20. fac/mgmt - Reject All Bids Received June 16, 2004 at 2:00 p.m. for the Central Plant Upgrade Project and Set a New Bid Opening Date of August 25, 2004 at 2:00 p.m. R-04-403

21. neigh/pres - Authorization to Submit Grant Application to the Department of Housing and Urban Development for the Continuum of Care Homeless Assistance Program. B-04-755

22. neigh/pres - Reallocation of HOME Program Funding and the Resulting Amendment #10 to the 2000-2005 Consolidated Plan. B-04-756

23. treas/tax/colltr - Resolution Replenishing the Cash Difference Fund of the County Tax Collector. R-04-404

24. treas/tax/colltr - Approve a Resolution to Issue Lodi Unified School District General Obligation Bonds in an Amount Not to Exceed $50,000,000. R-04-405

25. vet/services - Approval of County's Participation in the State Subvention Fund, Medi-Cal Cost Avoidance, and Veteran License Plate Fund Programs for Fiscal Year 2004-05. B-04-757

SCHEDULED MORNING ITEMS

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

A) Children's Services Coordinating Commission - 1 Position. Clerk of the Board to Readvertise.

Appointments to Boards & Commissions (continued)

B) Housing Authority Board - 1 Position. Postponed to July 27, 2004 so that the Chairman and Supervisor Gutierrez can meet and report to the Board regarding the formation of an ad hoc committee to interview applicants for Boards and Commissions.

C) Mental Health Board -1 Position. Appointed Ellen Rogers. Marenco/Gutierrez/5 B-04-758

9:00 a.m. - pw - Consideration of Appeal to Delinquent Mandatory Residential Refuse Collection Charges for 2003/04 by Richard Casteel. Tom Flinn, Public Works Director, and Richard W. Casteel, addressed the Board on this matter. Approved Staff Recommendation and Denied the Appeal. Marenco/Gutierrez/5 B-04-759

9:15 a.m - cdd - Public Hearing and Completion of Countywide Weed Abatement Program for 2004. Steve Dalton, Fire Warden, addressed the Board on this matter. Approved staff recommendation and to include an amendment that a report be brought back to the Board. Gutierrez/Mow/5 B-04-760

DISCUSSION - HEALTH & HUMAN SERVICES

1. hcs - Adoption of Transportation Plan for Emergency Medical Services System. Kenneth B. Cohen, Interim Director, Health Care Services, Elaine Hatch, EMS Director, Dr. Richard Narad, Professor of Health Administration of California State University, Chico, George Quaresma, Chief Manteca Fire Department, Vic Solari, Chief Linden- Peters Fire Department, Brad White, VP Operations for AMR, and Michael Parker, CEO, Priority One Medical Services, and ToCan Nguyen, addressed the Board on this matter. Adopted Staff Recommendations. Marenco/Gutierrez/5 B-04-763

COMMUNICATIONS

bos - Received and Referred all Board Communications this date as Outlined on the Communications Distribution Listing. Sieglock/Gutierrez/5 B-04-761

PUBLIC COMMENT

ToCan Nguyen, addressed the Board on various matters and was removed from the Board Chambers.

Supervisor Gutierrez asked County Counsel how can the Board find a medium whereby the audience is subjected by a speaker’s profanity and racial remarks without violating his/her freedom of speech.

County Counsel Terry Dermody stated that the Board has an obligation to and people have the right to address the Board under reasonable conditions on matters within the jurisdiction of the Board.

Public Comment (continued)

That right can be reasonably limited when individuals become abusive, disruptive or interfere with the normal and reasonable conduct of the Board and the public. Supervisor Gutierrez asked the Board to consider establishing a policy that states that any individual coming before the Board using profanity or racial slurs would be told he/she would be immediately removed from the Board Chambers.

Chairman Ornellas thanked the Board for their support and apologized to the audience for an individual’s unacceptable behavior.

Reverend Bob Haley, President of NAACP, Bobby Bivens, Candice R. Hodge, President of the NAACP Youth Council, Okura Anderson, Treasurer of the NAACP Youth Council, Latrice Bivens, Secretary of the NAACP Youth Council, George Austin, Vice President of the NAACP, Lajuana Bivens, Vic Harris and Joe Warren addressed the Board regarding the hiring of Deputy Sheriff Michael Alagna.

Chairman Ornellas asked if County Counsel would review what the Board’s limitations are with respect to the Sheriff’s Department and hiring practices.

County Counsel Terry Dermody stated that during Public Comment members of the public can comment within the jurisdiction of the Board. However, if the matter is not on the agenda state law does not permit the Board to engage in a conversation about the subject matter that would lead the Board to take any action or form a consensus or to go in a particular direction. The Board would have to put the matter on the agenda of a future Board Meeting. Mr. Dermody explained that in General Law Counties, such as San Joaquin County, and given our civil service system that exists in our county, the final decision on hiring individual employees in a department lies with the department head. The Sheriff is a department head. This does not mean that the Board does not have oversight authority in terms of the processes that are used in the department. The ordinances allow that through the County Administrator. There are a number of steps this Board of Supervisors or any Board of Supervisors in this state can take with respect to oversight of even elected officials decisions so as long as the Board does not interfere with their constitutional and statutory final authority to exercise their discretion. These cases come up continuously with respect to the District Attorney and the Sheriff in particular. That does not mean the Board cannot make inquiry, ask for reports, review processes or procedures. There is clearly accountability to the people.

Supervisor Gutierrez requested that the portion of the public comment be made available to the Sheriff so that he can listen and respond to the comments. Chairman Ornellas asked County Counsel if this could be done and County Counsel confirmed that these are public comments that are recorded and are available on the internet.

BOARD OF SUPERVISORS QUESTIONS AND COMMENTS

There were no Board Questions and Comments.

With respect to the wrong case number listed on the agenda under Closed Session, County Counsel Terry Dermody pointed out that the press was already aware of it.

CLOSED SESSION

CONFERENCE WITH LABOR NEGOTIATOR

California Government Code Section 54957.6

Agency Negotiator: Manuel Lopez; Don Turko; Wayne Heine; 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)

San Joaquin County Correctional Officers Association v. San Joaquin County

Superior Court Case No. CV019650

Grievance/Complaint; Unfair Labor Practice Charge

NO SCHEDULED AFTERNOON ITEMS

ADJOURNED TO TUESDAY, JULY 27, 2004 AT 9:00 A.M.

Sieglock/Gutierrez/5 B-04-762

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).