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 27, 2004

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

A Moment of Silence was held.

Due to audio difficulty, the meeting did not commence until 9:10 a.m.

Minutes of the Board of Supervisors' Meeting of July 20, 2004. Approved. Mow/Marenco/5 B-04-773

Consent Item: #9 – The Board removed this item from the agenda per the written request of Diane Madrid Batres, Victim/Witness Program, District Attorney’s Office.

Consent Item: #12 – Supervisor Sieglock requested that this item be continued to a later date.

Consent Items: #1-8; 10 & 11, 13-21 – Approved. Mow/Marenco/5

CONSENT - HEALTH & HUMAN SERVICES

1. hcs - Addendum to the General Agreement with Per Se Technologies, Inc. for the Enterprise Resource Scheduling System. A-04-607

2. hsa - Approval of Memorandum of Understanding with Families First Inc. Foster Family Agency for the Referral of County Clients to the Intensive Treatment Foster Care Program. B-04-608 & A-04-774

3. phs - Amendment to Grant Agreement with Partnership for the Public Health. B-04-775 & A-04-609

4. phs - Approval of Memorandum of Understanding with Delta Health Care for the Opportunistic Chlamydia Screening Program. B-04-776 & A-04-610

CONSENT - PUBLIC WORKS

5. pw - Adopt an Ordinance Providing for a No Parking Zone on a Portion of Pershing Avenue. (3rd District) (Said Ordinance was Introduced & Waived on 7/20/04) Ordinance #4219

6. pw - Adopt an Ordinance Providing for a Speed Limit of 45 Miles Per Hour on a Portion of Airport Way, from Louise Avenue to the Union Pacific Railroad. (3rd District) (Said Ordinance was Introduced & Waived on 7/20/04). Ordinance #4220

7. pw - Acceptance of the El Dorado Street Resurfacing Contract and Execution of a Notice of Completion. (lst District) R-04-415

8. pw - Approval of Amendments to the Measure K Cooperative Agreements for Construction and Construction Management of the Route 88/12 Improvements Project (Route 88/Elliott Road/Tully Road Intersection and Route 88/Route 12/Victor Road Intersection). (4th District) R-04-416 & A-04-611 & A-04-612

CONSENT - LAW & JUSTICE

9. da - Approval of Grant-Funded Contract Victim Advocate I Position. Removed from the agenda.

10. s/o - Approval of Sponsored Out-of-State Travel for Boat Inspections in Central Point, Oregon. B-04-777

11. s/o - Sheriff-Public Administrator: Relief of Accountability for Old Revolving Fund. B-04-778

CONSENT - GENERAL GOVERNMENT

12. eedd - Recommendation to Approve the Loan Request of TelNet Communications US, a Nevada Corporation, Kevin E. Stevens, Guarantor. Continued to a later date.

13. eedd - Recommendation to Approve the Loan Request of ONL Group dba Cyberlounge Cafe. B-04-779

14. eedd - Recommendation to Approve the Loan Request of Rosa M. Garcia dba Hotel Fair. B-04-780

15. fac/mgmt - Approve Plans and Specifications for the San Joaquin County Jail and Honor Farm Fire Alarm Upgrade Project and Set Bid Opening Date of August 25, 2004 at 10:00 a.m. R-04-417

16. fac/mgmt - Agreement for Construction, Operation, and Maintenance of Ripon Area Park. A-04-613

17. h/r - Implement Classification Projects #03-038, 03-039, and #04-002 to Adopt Two New Classes, Reclassify Two Positions, and Amend and Re-Title One Class in Health Care Services. R-04-418

18. oes - Continuance of Local Emergency. B-04-781

19. rov - Resolution Appointing William Max Gallegos to the Board of Trustees of Reclamation District #1614. R-04-419

20. rov - Resolution Appointing Tina McCauslin, Stephen Thurtle, Tom Kollen to the Board of Directors of the California Irrigation District. R-04-420

21. treas/tax/colltr - Resolution Approving the Sale of Tax-Defaulted Properties to Stocktonians Taking Action to Neutralize Drugs, a Nonprofit Agency. R-04-421 & A-04-614

SCHEDULED MORNING ITEMS

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

A) Advisory Water Commission - 1 Position. (Contd from 6/22/04) Clerk of the Board to Readvertise.

B) Children's Services Coordinating Commission - 1 Position. (Contd from 6/22/04) Clerk of the Board to Readvertise.

Appointments to Boards and Commissions (continued)

C) Drug & Alcohol Programs Advisory Board - 2 Positions. (Contd from 5/18/04) Clerk of the Board to Readvertise.

D) Emergency Medical Care Committee - 1 Position. Clerk of the Board to Readvertise

E) Garden Acres Community Center Advisory Board - 1 Position. (Contd from 6/22/04) Appointed Liz Knight. Marenco/Gutierrez/5 B-04-782

F) Housing Authority Board - 1 Position. (Contd from 7/20/04) Reapppointed Peggy Metzger. Sieglock/Gutierrez/5 B-04-783

G) In-Home Supportive Services - 2 Positions. Clerk of the Board to Readvertise

H) Larch Clover Community Center Advisory Board. Continued 1 month.

9:00 a.m. - Public Hearing on 2004-05 Special Districts Budgets:

A) pw - Public Hearing to Consider Assessment Increases for the Lockeford Maintenance and Linden Lighting Districts. Tom Flinn, Director of Public Works Department; Debra Schull of Linden, and ToCan Nguyen addressed the Board on this matter. Approved Staff Recommendations. Sieglock/Gutierrez/5 B-04-784

9:35 a.m. - Tom Flinn announced that Public Works staff would be leaving the Board Chambers to count the ballots submitted, and would return to the Board to report the results.

B) pw - Approval of Fiscal Year 2004-2005 Special Districts Budgets and Ordinances Establishing Service Charges and Special Assessments on the Tax Rolls for Special Districts Administered by the Department of Public Works. Tom Flinn, Director of Community Development Department, Ben Angove, Business Administrator of the Public Works Department, and ToCan Nguyen addressed the Board. Approved Staff Recommendations. Mow/Gutierrez/5 B-04-785 & Ordinance #4221 & Ordinance #4222

C) pw - Approval of Fiscal Year 2004-05 Budgets, Policy, Priorities and Goals for the San Joaquin County Flood Control and Water Conservation District, Zones 2, 9, and 10; The Mokelumne River Water and Power Authority, Assessment District #96-1, and Reclamation District #17. Tom Flinn, Director of Public Works Department, and Tocan Nguyen addressed the Board on this matter. Approved Staff Recommendations. Sieglock/Mow/5 B-04-786 & R-04-422 & R-04-423

Public Hearing on 2004-05 Special Districts Budgets (continued)

D) mhcsd - Approval of Fiscal Year 2004-2005 Mountain House Community Services District Budget, Letter Agreements with Trimark Communities Funding Budget Shortfall, and Related Special Taxes and Fees. Paul Senisbaugh, General Manager, and Sara Cortes, Business Manager, of Mountain House Community Services District addressed the Board on this matter. Approved Staff Recommendations. Sieglock/Mow/5 B-04-787, R-04-424, R-04-425, R-04-426, 427, 428 & 429.

E) fac/mgmt - Approval of Fiscal Year 2004-2005 County Service Areas - Parks and Recreation Budgets. Craig Ogata, Director of Facilities Management, addressed the Board on this matter. Approved Staff Recommendations. Gutierrez/Sieglock/5 B-04-788

10:20 a.m. – Public Works staff returned to the Board Chambers and reported the following results of the ballots counted:

Lockeford Maintenance District:

70% in favor; 30% opposed - Assessment Sustained

Linden Lighting District:

58% in favor; 42%; opposed - Assessment Sustained

COMMUNICATIONS

There were no Board communications on this date.

PUBLIC COMMENT

Brent Williams, of Judy Buethe Public Relations, informed the Board that the City of Stockton was having a meeting on Wednesday, July 28, 2005, at 6:15 a.m., at the South Hampton Inn regarding the South Stockton Aqueduct Project. He distributed invitations to Board Members.

ToCan Nguyen addressed the Board on this matter.

BOARD OF SUPERVISORS QUESTIONS AND COMMENTS

Chairman Ornellas called to the attention of the Board of an article he read in the July 25, 2004 issue of the Modesto Bee stating that the medium price of a home in Hughson, California was

Board of Supervisors Questions and Comments

309,000. Additionally, there is a new subdivision in Hughson that is selling new homes starting for $413,000 and to upgrade is $450,000.

Chairman Ornellas thanked Agricultural Commissioner Scott Hudson for arranging a meeting on Monday, July 26, 2004 at the Roberts Union Farm Center with representatives from EDD, OES, several other county and state departments, and approximately 100 farmers to hear and talk about the flood issues. He commended Mr. Hudson for inviting the California Secretary of Agriculture and the Assistant Secretary of Agriculture who were also in attendance.

Chairman Ornellas congratulated the Tracy 13-14-year-old Junior American All-Stars Little League Team. They are rated as one of the top six teams in Northern California, and are now headed to San Jose for their next series of games. The winner of this series of games will go to Portland, Oregon. The Chairman mentioned that the Tracy team has a great third baseman with the last name of Ornellas!

Supervisor Ornellas asked County Counsel to comment on a recent Stockton Record Editorial that made some suggestions for the Board. County Counsel Terry Dermody stated that insofar as the editorial discussing inquiries of the Sheriff by the Board, with respect to the issue of the appointment of the deputy alluded to in the editorial, the Board has the right to inquire as to the process for appointment. Some of the information that the Board could obtain from the Sheriff would be confidential if it were it were reported back to the Board, especially in terms of medical background. Mr. Dermody suggested that if the Board was interested in following up on this matter that perhaps the Chairman, the County Administrator and he could work together and craft a communication to the Sheriff inquiring specifically about the process and the background of the appointment, and then report back to the Board on the response. Some of the response might be more appropriate for closed session if it involved particular confidential personnel matters dealing with the deputy. However, other responses dealing with the general processes that were used might be appropriate for public report back to the Board. The Board directed that the Chairman, County Administrator and County Counsel work together and proceed in crafting a communication to the Sheriff on this matter.

Supervisor Mow asked as to whether or not the recent tentative approval of the State Budget had any impact on San Joaquin County’s budget. County Administrator Manuel Lopez stated that he understood that it matched with what was proposed with some variances. Mr. Lopez added that an in-depth analysis of the budget would be prepared by the County Administrator’s Office and would be reported to the Board in several weeks. The County Administrator also responded to questions from Supervisor Gutierrez regarding the monies taken from counties that will be paid back to the counties with interest within three years.

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

LIABILITY CLAIMS

California Government Code Section 54956.95

Claimant: Sentry Claims Services (D& H Transportation); Claim No. C0404009

CONFERENCE WITH REAL PROPERTIES NEGOITIATORS

California Government Code Section 54956.8

Property: County Hunter Street Motor Pool Garage: 130 N. Hunter Street

Agency Negotiator: Manuel Lopez, County Administrator

Mark Lewis, City Manager

Negotiating Parties: County of San Joaquin, City of Stockton

Under Negotiation: Price and Terms

SCHEDULED AFTERNOON ITEMS

1:30 p.m. - cdd - Report on Subdivision of Properties without Public Services. (lst District) Kerry Sullivan, Director of Community Development Department, M. Ranchhod of America-USA Homes, LLC, addressed the Board on this matter. Accepted Report. Gutierrez/Sieglock/5 B-04-789

1:30 p.m. - cdd - Public Hearing Regarding the Appeal by Robert and Judy Kent of the Planning Commission's Denial of Variance Application #PA-0400192. (4th District). Kerry Sullivan, Director of Community Development Department, and Kent Wallace representing applicant Robert Kent, Durke Pilegaard, and Richard Stemen, addressed the Board on this matter. Continued to August 24, 2004 at 1:30 p.m. with the Hearing Open. Sieglock/Gutierrez/5 B-04-790

1:30 p.m. - cdd - Continuation of Public Hearing on First Cycle General Plan Text Amendment Application #PA-040220, Housing Element Update 2003--2009 (All Districts) (Contd from July 13, 2004 with the Hearing Open) Continued to August 10, 2004 at 1:30 p.m. with the Hearing Open. Sieglock/Mow/5 B-04-791

ADJOURNED TO TUESDAY, AUGUST 3, 2004 AT 9:00 A.M.

Sieglock/Gutierrez/5 B-04-792

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).