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, September 14, 2004

A moment of silence was held.

PRESENT: SUPERVISORS SIEGLOCK, GUTIERREZ, MARENCO, ORNELLAS

ABSENT: SUPERVISOR MOW

Minutes of the Board of Supervisors' Meeting of August 31, 2004. Approved. Sieglock/Marenco/4; Mow/Absent B-04-926

PRESENTATIONS

9:00 a.m. - bos - Proclamation Proclaiming the Week of September 19-25 as "National Rehabilitation Awareness Celebration Week” in San Joaquin County. Jane Vink, Rehabilitation Coordinator at San Joaquin General Hospital, addressed the Board on this matter. She also introduced other employees from the Physical, Medicine & Rehabilitation Department at SJGH. They were Marianne Hernandez, Registered Nurse; Rachel Torres, Manager of Speech & Audiology; Michael Castillo, Physical Therapist; Sally Bella, Speech Therapist; January Legris, Occupational Therapist; Michele Hulstrom, Speech Therapist, Marcus Pitcock, Rehabilitation Therapist; and Dr. Junlong Ren, the Medical Director of Physical, Medicine & Rehabilitation.

Presentations (continued)

9:00 a.m. - bos - Proclamation Proclaiming September 18, 2004 as “California Coastal Cleanup Day” and September 20-26, 2004 as “National Pollution Prevention Week” in San Joaquin County. Public Works Director Tom Flinn addressed the Board on this matter. He also introduced Pa Her, a student of Edison High School, and Margaret Salazar-Huerte, Vice-Principal of Edison High School, who received Certificates of Recognition from the Board for their support of California Coastal Cleanup activities in San Joaquin County.

9:00 a.m. - Proclamation Proclaiming September 17-23, 2004 as “Constitution Week” in San Joaquin County. Rebecca O’Ferrall, Chairman of Constitution Week, Daughters of the American Revolution, addressed the Board on this matter. She also introduced from the local chapter Iris Samuel and Rebecca McKenzie.

9:00 a.m. - cao - Oral Presentation by Andy Prokop Regarding 2004-05 United Way Campaign. Mr. Prokop addressed the Board and presented County employee Evelyn Asia with a Certificate of Recognition for her efforts in last year’s United Way campaign.

APPROVE CONSENT ITEMS # 1-42

Consent Items: #1– 1, 13-34 & 36-42. Approved. Marenco/Gutierrez/4; Mow/Absent

Consent Item: #25 – County Counsel Terry Dermody pointed out that there was a supplement to the report on the tax rate areas. The Stanislaus County Auditor notified the San Joaquin County’s Auditor-Controller that two elements needed to be added to the tax bills for those areas that are taxed by Stanislaus County – Valley Home Joint School and Oakdale Joint Unified School.

Consent Item: #12 & 35 - Pulled for Discussion.

Consent Item: #12 - Supervisor Gutierrez stated that he would not support this item with the amended change. He requested that the Board receive a report from Mental Health that would include what is going to be implemented, when it is going to be finalized, and who is going to monitor it, and at what intervals. Supervisor Marenco concurred with Supervisor Gutierrez’s remarks and added that he, too, was not going to support this item. In response to Supervisor Sieglock, Ken Cohen, Interim Director of Health Care Services, clarified the matter of the mold issues at 322 N. California Street and at another building that subsequently developed mold at the Family Ties site. Supervisor Sieglock requested that this matter be brought back to the Board the following week. Mr. Cohen said that they are beginning to address long-

Consent Item #12 (continued)

standing issues at OSA right away. He stated that he would be coming back to the Board in approximately three weeks with an organizational structure plan and that he did not have an issue with quarterly reports, and that he would be coming back to the Board with a modified response to the Grand Jury Report.

Terry Villanueva addressed the Board regarding the uncollected bills for the Drinking Driver Program and other matters regarding OSA.

Supervisor Gutierrez requested copies of all policies as they are developed in relation to the Grand Jury Report. Mr. Cohen indicated that there would be no problem as the policies would be public record.

ToCan Nguyen addressed the Board on this matter.

Greg Martinez addressed the Board and stated that each county program of OSA is licensed by the State Department of Alcohol and Drug Program. He explained that their job is to provide technical assistance to bring programs in compliance. Additionally, they have an oversight committee that licenses and certifies programs. Mr. Martinez suggested that this independent panel is one option that the county could utilize to look into program compliance.

Supervisor Sieglock thanked Mr. Martinez for his remarks and pointed out that there was an independent consultant that was hired by the County Administrator. The independent consultant’s report did say that the programs at OSA ran very well and were very effective. It pointed out some issues regarding management, however, basically the programs were effective in taking care of people and were the best in the state.

Interim Health Care Services Director stated there are difficulties at OSA, however, it should not be used as condemnation of all OSA employees. He commented that there are longstanding issues, wide spread in areas, and they are not going to be fixed overnight. Mr. Cohen added that we need a good management structure in place, good leadership, a plan, and ongoing progress in the plan that is adopted.

Postponed item to September 21, 2004.

Consent Items – (continued)

Consent Item: #35 – County Counsel Terry Dermody responded to Supervisor Sieglock’s question regarding as to whether or not there was a provision if there is a slight difference between a local bidder and an out-of-county bidder. Sieglock/Gutierrez/4 Mow/Absent

CONSENT - HEALTH & HUMAN SERVICES

1. cao - Children and Families Commission (First 5 San Joaquin) Recommendation to Fund Additional Round 10 Mini-Grants. B-04-927, A-04-803 & A-04-804

2. hcs - Physician Employment Contracts for the Department of Surgery - Anesthesia Division; and Department of Internal Medicine. A-04-805 & A-04-806

3. hcs - Contract Extension with Emergency Medical Services Authority for Development of the California EMS Information Systems Training Manual and Curriculum Project. A-04-807 & B-04-928

4. hcs - Agreement with the California Emergency Medical Services Authority for the Regional Disaster Medical Health Specialist Project. B-04-929 & A-04-808

5. hcs - Local Funding Agreement with California Department of Health Services for the Health Resources and Services Administration National Bioterrorism Hospital Preparedness Program. B-04-930 & A-04-809

6. hsa - Approval of the San Joaquin County Child Welfare System Improvement Plan. B-04-931

7. hsa - Approval to Sign Use Permit Applications for the Use of Athletic Fields for an Intramural Flag Football League. B-04-932, A-04-810 & A-04-811

8. hsa - Authorization to Submit Senior Information and Assistance Directory of Service Grant Application. B-04-933

9. hsa - Approval of Funding for the Regional Continuity of Care Council's Annual Caregiver Conference. B-04-934

10. hsa - Approval of Promoting Safe and Stable Families Contract Renewals. B-04-935 & A-04-812 thru A-04-817 (6)

11. hsa - Approval of Contract Renewal with Family Resource and Referral Center for CalWORKS Stage 1 Childcare Services. B-04-936 & A-04-818

12. mhs - Response to Grand Jury Report - Case #0303, Office of Substance Abuse. Postponed to September 21, 2004.

13. phs - Approval of Late Travel Requests for Field Epidemiology Training. B-04-937

Consent – Health & Human Services (continued)

14. phs - Approval of Amendment to the AIDS Master Grant Contract with California Department of Health Services. B-04-938, A-04-819, A-04-820, A-04-821, A-04-822, A-04-823 & A-04-824

15. phs - Approval for Extension of Lease Agreement for Office Space. B-04-939 & A-04-825

16. phs - Agreement with California Department of Health Services for Bioterrorism Preparedness and Response. B-04-940 & A-04-826

17. phs - Contract with California Department of Health Services for Immunization Subvention Funds. B-04-941 & A-04-827

CONSENT - PUBLIC WORKS

18. pw - Lease Agreement for Joint Use of County Service Area No. 31 Storm Drainage Basin. (4th District) A-04-828

19. pw - Acceptance of the Olive Avenue Resurfacing Contract and Execution of a Notice of Completion. (2nd District) R-04-506

20. pw - Acceptance of a Grant Deed and Agreement for the Purchase of Real Property and Adoption of an Order Declaring a Public Highway for the South B Street Improvement Project. (1st District) R-04-507 & A-04-829

21. pw - Acceptance of the Thornton Road Improvements Contract and Execution of a Notice of Completion. (4th District) R-04-508

22. pw - Acceptance of the Peltier Road Resurfacing Contract and Execution of a Notice of Completion. (4th District) R-04-509

23. pw - Approval of Five Final Maps Entitled "Mountain House, Neighborhood "E", Units No. 1, No. 2, No. 3, No. 4, and No. 5," Located West of Tracy. (5th District) R-04-510

CONSENT - LAW & JUSTICE

24. s/o - Transfer of a Senior Office Assistant Position from Sheriff-Patrol to Sheriff-Administration. R-04-511 & B-04-942

CONSENT - GENERAL GOVERNMENT

25. aud - Resolution Setting Tax Rates in San Joaquin County for Fiscal Year 2004-05. R-04-512

Consent – General Government (continued)

26. cao - Board of Supervisors' Response to Grand Jury Final Report, Case #0203, San Joaquin County Jail. B-04-943

27. cdd - Response to the Audit of the San Joaquin County Abandoned Vehicle Abatement Service Authority. B-04-944

28. cob - Approve Announcement of 1 Position on the Local Child Care Planning Council. B-04-945

29. eedd - Authorization to Submit Fifth-Year Modification to the Strategic Five-Year Local Plan for the Workforce Investment Act of 1998. B-04-946 & A-04-835

30. h/r - Implement Classification Project in the Probation Department. R-04-513

31. fac/mgmt - Approve Agreement with City of Stockton/Central Parking District for Management of County-Owned Parking Structure. A-04-830

32. fac/mgmt - Approve the Application for State of California Grant Funds for the Gianone Park Soccer Fields - Proposition 40. (1st District) R-04-514

33. fac/mgmt - Approve Agreement for Transfer of Park Subdivision Trust Fees to the Linden Unified School District. R-04-515

34. fac/mgmt - Approve Amendment to Lease Agreement with Regent Weber, LLC. A-04-831

35. fac/mgmt - Approve Contract for the San Joaquin General Hospital Central Plant Upgrade Project. R-04-516

36. fac/mgmt - Approve License for Use of Upper Parking Lot at County Courthouse by City of Stockton. A-04-832

37. fac/mgmt - Approve Agreement with City of Stockton for Use of Canlis Building for Placement of Surveillance Camera. A-04-833

38. oes - Continuance of Local Emergency. B-04-947

39. rov - Resolution Canceling the November 2, 2004 General Municipal Election for the City of Lathrop. R-04-517

CONSENT - MOUNTAIN HOUSE COMMUNITY SERVICES DISTRICT

40. mhcsd - Approve of a Use Agreement Between the Mountain House Community Services District and the Lammersville School District, and Authorize the General Manager to Sign this Use Agreement and Future Extensions of this Agreement. B-04-948 & A-04-834

Consent – Mountain House Community Services District (continued)

41. mhcsd - Adopt Five Resolutions Accepting Dedications of All Public Rights-of-Way, Easements and Certain Parcels, Relinquishment of Access Rights, Dedication and Relinquishment of Water Rights, and Abandonment of a Turnaround Easement for Five Final Maps Entitled "Mountain House, Neighborhood "E", Units No. 1, No. 2, No. 3, No. 4 and No. 5". R-04-518, R-04-519 R-04-520, R-04-521 & R-04-522

42. mhcsd - Resolution Adopting Accounting Technician I/II Job Classifications for the Mountain House Community Services District, Allocating an Accounting Technician I/II Position and Deleting an Engineer II Position in the Fiscal Year 2004-05 Mountain House Community Services District Budget. R-04-523

DISCUSSION - GENERAL GOVERNMENT

1. county/library - Public Library Annual Report. (Oral Presentation) Nicky Stanke, Director of Library Services, addressed the Board on this matter. Oral Report – No Action Taken.

SCHEDULED MORNING ITEMS

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

A) Advisory Water Commission - 1 Position. Clerk of the Board to Readvertise.

B) Children's Services Coordinating Commission - 2 Positions. Clerk of the Board to Readvertise.

C) Commission on Aging - 1 Position. Clerk of the Board to Readvertise.

D) Community Action Board - 1 Position. Clerk of the Board to Readvertise.

E) Drug & Alcohol Programs Advisory Board - 2 Positions. Clerk of the Board to Readvertise.

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

G) In-Home Supportive Services Advisory Committee - 9 Positions. Reappointed Michelle Francis, Albert Addington and Betty Sconyers. Clerk of the Board to Readvertise Remaining 6 Positions. Sieglock/Gutierrez/4 Mow/Absent B-04-949

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

Appointments to Boards and Commissions – (continued)

I) Public Health Advisory Board - 1 Position. Clerk of the Board to Readvertise.

J) Workforce Investment Board - 1 Position. Appointed Michael Schmidt. Seiglock/Gutierrez/4 Mow/Absent B-04-950

COMMUNICATIONS

bos - Received and Referred all Board Communications this date as Outlined on the Communications Distribution Listing. Sieglock/Gutierrez/4 Mow/Absent B-04-951

PUBLIC COMMENT

ToCan Nguyen, addressed the Board on various matters.

Angel Picon addressed the Board regarding home care workers and the In-Home Care Supportive Services. Mr. Picon introduced two of the representatives of the bargaining team - Carla Cortez and Julia Ariola who also addressed the Board.

Stephanie Batey, SEIU 790 Representative, presented a check in the amount of $500 to the County for the upcoming EEO Diversity Luncheon on Thursday, September 23, 2004.

Reverend Bob Haley addressed the Board regarding various matters.

BOARD OF SUPERVISORS QUESTIONS AND COMMENTS

There were no Board of Supervisors questions or comments.

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)

Ernest Bezley vs. County of San Joaquin; Board of Supervisors of San Joaquin County Superior Court Case No. CV 018728

SCHEDULED AFTERNOON ITEMS

1:30 p.m. - cdd - Public Hearing Regarding Development Title Text Amendment Application No. PA-0400243 of Our Lady of Fatima Society to Amend the Definition of Special Outdoor Events, and to Permit Special Outdoor Events in the R-L (Low-Density Residential) and R-M (Medium-Density Residential) Zones with an Approved Site Approval. (All Districts) Kerri Sullivan, Director of Community Development Department, addressed the Board on this matter. Approved Staff Recommendation. Sieglock/Gutierrez/4 Mow/Absent B-04-952 & Ordinance #4225

ADJOURNED TO TUESDAY, SEPTEMBER 21, 2004 AT 9:00 A.M.

Sieglock/Gutierrez/4 Mow/Absent B-04-953

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).