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, October 12, 2004

A moment of silence was held.

PRESENT: SUPERVISORS MOW, SIEGLOCK, GUTIERREZ, ORNELLAS

ABSENT: SUPERVISOR MARENCO

Minutes of the Board of Supervisors' Meeting of October 5, 2004. Approved. Sieglock/Gutierrez/4; Marenco/Absent B-04-1053

APPROVE CONSENT ITEMS # 1-15

Consent Items: #6 – 10 & 12 - 15. Approved. Gutierrez/Sieglock/4; Marenco/Absent

Consent Item: #1 - Chairman Ornellas announced that Supervisor Gutierrez had requested that this item be removed from the agenda.

Consent Item: #11 – Chairman Ornellas also announced that this item would be postponed one week. Postponed to October 19, 2004.

Consent Item: #1, 2, 3, 4 & 5 - Pulled for discussion by Supervisor Sieglock. Chairman Ornellas clarified that Consent Item #1 had been pulled from the agenda. Supervisor Mow also requested to pull Consent Items #4 & #5.

Consent Items (continued)

Consent Item: #2 – Kenneth Cohen, Interim Director of Health Care Services, and Human Resources Director Don Turko responded to Supervisors Sieglock and Mow’s questions on evaluating the need of the position on an annual basis and job requirements for the position. Sieglock/Mow/4; Marenco/Absent

Consent Item: #3 – Supervisor Sieglock stated that he had received an email from Mr. Michael Parker regarding pending Ambulance Ordinance changes requested by the San Joaquin County EMS agency. Mr. Parker requested that this matter be continued one week as he would be out of town. Interim Health Care Services Director Ken Cohen indicated that there would not be a problem in delaying this matter for a week. Postponed to October 19, 2004. Sieglock/Gutierrez//4; Marenco/Absent B-04-1061

Consent Item: #4 & 5 - In response to Supervisors Mow and Sieglock, Interim Health Care Services Director Ken Cohen responded to questions regarding the fluctuation of indirect costs and what would be the result if the Board did not approve this matter. Supervisor Mow requested that this item be delayed one week so that the Board could receive more information on the indirect costs. Postponed to October 19, 2004. Sieglock/Mow/4; Marenco/Absent B-04-1062

CONSENT - HEALTH & HUMAN SERVICES

1. bos - Approve Bi-National Health Week Resolution Scheduled for October 11 – 18, 2004. Removed from the Agenda upon request from Supervisor Gutierrez.

2. hcs - Introduce and Waive Reading of an Ordinance Creating the New Exempt Class of Emergency Medical Services Administrator Assign and Allocate Exempt Position to Health Care Services Department. (Said Ordinance to be Adopted on October 19, 2004) B-04-1054 & R-04-566

3. hcs - Adopt an Ordinance Replacing Title 4 Public Safety, Division 7 - Ambulances of the Ordinance Code of San Joaquin County. (Said Ordinance Introduced and Waived on October 5, 2004) Postponed to October 19, 2004.

4. hcs - Approval of Agreement with the Council for the Spanish Speaking for Health Outreach and Patient Advocacy. Postponed to October 19, 2004.

5. hcs - Approval of Community-Based Organization Agreements for the Health Access Program. Postponed to October 19, 2004.

6. phs - Approval of Employment Contract Renewal for Physical Therapist. B-04-1055 & A-04-902

Consent Items (continued)

7. phs - Approval of Contract Amendment with State Department of Health Services for Medi-Cal Administrative Activities. B-04-1056 & A-04-903

CONSENT - PUBLIC WORKS

8. pw - Encroachment Agreement and Easement for the River Road Bridge Replacement Project. (4th District) A-04-904

9. pw - Adopt an Ordinance Providing for a No Parking Zone on a Portion of Both Sides of Wolfe Road, South of French Camp Road. (1st District) (Said Ordinance Introduced and Waived on October 5, 2004) Ordinance #4227

10. pw - Acceptance of the Kettleman Lane Improvements Contract and Execution of a Notice of Completion. (4th District) R-04-567

11. pw - Endorsement of the 2004 Top Ten Priority List of San Joaquin County Special Funded Transportation Projects. Postponed to October 19, 2004.

CONSENT - LAW & JUSTICE

12. da - Approval of Grant - Funded Contract Position - Victim Advocate. A-04-905

13. s/o - Approval of Sponsored Out-of-State Travel to Defensive Handgun Training in Pahrump, Nevada. B-04-1057

CONSENT - GENERAL GOVERNMENT

14. oes - Continuance of Local Emergency and Establishment of Trust Funds. B-04-1058

15. purch - Award of Contract for Application of Metal Roof Coatings at Stockton Metropolitan Airport. B-04-1059 & A-04-906

NO SCHEDULED MORNING ITEMS

DISCUSSION - FLOOD CONTROL

sjfcd - Support for the Restoration of the San Joaquin River. Tom Flinn, Director of Public Works, and Dr. Mel Lytle, Water Resource Coordinator, addressed the Board on this matter. Sieglock/Mow/4; Marenco/Absent R-04-568

COMMUNICATIONS

bos - Received and Referred all Board Communications this date as Outlined on the Communications Distribution Listing. Siglock/Gutierez/4; Marenco/Absent B-04-1060

PUBLIC COMMENT

Elizabeth Crothers, on behalf of a coalition of education, local government and law enforcement groups and individuals, addressed the Board in opposition of Proposition 68. Ms. Crothers furnished the Board with information package regarding Proposition 68. She requested that the Board consider adopting a resolution opposing Proposition 68.

Supervisor Sieglock suggested that Proposition 1A and 70 also be reviewed for consideration by the Board.

BOARD OF SUPERVISORS QUESTIONS AND COMMENTS

Supervisor Gutierrez asked if the Board would be taking formal positions on the various propositions. Additionally, Supervisor Gutierrez explained that he had received a request from the Mexican Consulate for the Board to support a Bi-national Health Week Resolution. However, it was brought to his attention from the press that there were questions regarding this event. He will report back to the Board with more information.

Supervisor Mow stated that from an elected official standpoint he looks at the benefits the county and its citizens may or may not benefit from the various propositions. He does endorse the opposition of Proposition 68 .

Supervisor Sieglock said that he felt the Board should take a stand on Proposition 1A as well as on Propositions 68 and 70. He also commented on the Retirement Rates and requested a report. County Administrator Manuel Lopez expressed that this matter is a significant issue and that the Board could expect a report in December.

Chairman Ornellas stated that he does not have a problem with the Board taking positions on Proposition 68 and 70. However, he did not feel the Board should go through all of the propositions on the ballot.

Supervisor Sieglock commended Congressman Pombo and Congressman Dennis Cardoza for their efforts with respect to water issues in our county.

Board of Supervisors Questions and Comments (continued)

In response to County Administrator Manuel Lopez, Chairman Ornellas stated that it was the Board’s direction to bring back to the Board a Resolution opposing Proposition 68 Gaming Revenue Act of 2004 and Proposition 70 Tribal Fair Share Act of 2004.

CLOSED SESSION

CONFERENCE WITH LABOR NEGOTIATOR

California Government Code Section 54957.6

Agency Negotiator: Manuel Lopez; Wayne Heine; John Bertke; Jeff Sloan; Donna Williamson; Robert Muszar

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

SCHEDULED AFTERNOON ITEMS

1:30 p.m. - cdd - Yearly Report on VFW Post 1051 Status as Required by Site Approval No. PA-02-625 of Old German Baptist Church. (C/O VFW Post 1051) (5th District) Kerry Sullivan, Director of Community Development, Chandler Martin, Deputy Director of Planning Division, Duane Spyksma, Representing his Mother Janet Spyksma-Pilchard, Vernetta Thompson, Thomas Beckman, Attorney at Law, Representing Janet Spyksma-Pilchard and Vernetta Thompson, Mark Connolly, Representing the VFW, addressed the Board on this matter. Approved Staff Recommendation with the Comments made by Board Members, and to include Staff in mediation process. Sieglock/Gutierrez/4; Marenco/Absent B-04-1064

1:30 p.m. - cdd - Public Hearing Regarding General Plan Text Amendment No. PA-0400442 and Master Plan Text Amendment No. PA-0400444 of San Joaquin County. (All Districts) Kerry Sullivan, Director of Community Development, Chandler Martin, Deputy Director of Planning Division, and Mike McGrew, Special Counsel, Mountain House CSD, addressed the Board on this matter. Approved Staff Recommendation. Sieglock/Gutierrez/4; Marenco/Absent B-04-1065 & R-04-569

Scheduled Afternoon Items (continued)

1:30 p.m. - cdd - Public Hearing Regarding Second Cycle General Plan Amendments for General Plan Map Amendment No. PA-0400097 and Zone Reclassification No. PA-0400244 of Lisa Hendergart (C/O Monte Seibel); General Plan Map Amendment No. PA-0400202 and Zone Reclassification No. PA-0400203 and General Plan Text Amendment No. PA-0400225 of Tarditi Rentals, PTP; (C/O Mike Hakeem) and General Plan Text Amendment No. PA-0400442 of San Joaquin County. (All Districts) Kerry Sullivan, Director of Community Development, and Chandler Martin, Deputy Director of Planning Division, Arthur Charlie Head, and Mike Hakeem, Attorney at Law, addressed the Board on this matter. Approved Staff Recommendation. Gutierrez/Sieglock/4; Marenco/Absent R-04-570 , Ordinance #4228 & Ordinance #4229

ADJOURNED TO TUESDAY, OCTOBER 19, 2004 AT 9:00 A.M.

Sieglock/Gutierrez/4; Marenco/Absent B-04-1063

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).