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 26, 2004

A moment of silence was held.

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

Minutes of the Board of Supervisors' Meeting of October 19, 2004. Approved. Mow/Gutierrez/4; Marenco/Abstained B-04-1100

APPROVE CONSENT ITEMS #1-29

Consent Item: #6 – Chairman Ornellas announced that this item was off the agenda.

Consent Items: #1-3, 5 & 7-29 – Approved. Marenco/Sieglock/5

Consent Items: #4 & #6 - Pulled for discussion.

Consent Item: #4 – In response to Supervisors Mow, Gutierrez and Ornellas, Interim Health Care Services Director Kenneth Cohen responded to questions and concerns regarding the Hospital Services Agreement with Kaiser Foundation Hospitals. Mow/Marenco/5

CONSENT - HEALTH & HUMAN SERVICES

1. cao - Children and Families Commission (First 5 San Joaquin) Recommendation for Extension of Funding for Round 3, Child Care Initiative and Centralized Eligibility List and Management Agreements. B-04-1101, A-04-934 thru A-04-941 (8)

2. cao - Children and Families Commission (First 5 San Joaquin) Recommendation to Fund the Early Comprehensive Learning Programs. B-04-1102, A-04-942 thru A-04-947 (6)

3. hcs - Approval to Accept a Financial Assistance Award for the Technologies Opportunities Program. B-04-1103

4. hcs - Approval of Hospital Services Agreement with Kaiser Foundation Hospitals. B-04-1104

5. hcs - Request for Adding Two Positions to San Joaquin General Hospital Ambulatory Care Services Department. R-04-593

6. hsa - Authorization for Motor Pool to Purchase a Mini Cargo Van on Behalf of Human Services Agency. Removed from Agenda per County Administrator’s Office.

7. hsa - Approval of Refugee Employment Social Services Plan. (4/5th's Vote Required) B-04-1105 & B-04-1106

8. hsa - Authorization to Submit the Federal Fiscal Year 2004-05 Emergency Food and Shelter Program Phase 23 Grant Application. B-04-1107

9. hcs - Approval of Corrections to Physician Employment Agreements. A-04-948, A-04-949 & A-04-950

10. hcs - Applications for Appointment to San Joaquin General Hospital Medical Staff. B-04-1108

11. hcs - Applications for Reappointment to San Joaquin General Hospital Medical Staff. B-04-1109

12. phs - Approval of Agreement with California Department of Health Services for Bioterrorism Preparedness & Response and Certificates Against Supplanting. B-04-1110 & A-04-951

13. phs - Approval of Contract with California Department of Health Services for Chlamydia Screening Project. B-04-1111 & A-04-952

CONSENT - PUBLIC WORKS

14. pw - Acceptance of the Devries Road Resurfacing Contract and Execution of a Notice of Completion. (4th District) R-04-594

15. pw - Approval and Adoption of Plans and Specifications for the Benjamin Holt Drive Repairs and Setting a Bid Opening Date of November 18, 2004 at 1:30 p.m. (2nd District) R-04-595

16. pw - Award of Contract for the River Road Bridge Replacement Across South San Joaquin Irrigation District Canal. (4th District) R-04-596

CONSENT - LAW & JUSTICE

17. s/o - Approval of License Agreement with Stockton Port District for Mobile Law Enforcement. A-04-953

CONSENT - GENERAL GOVERNMENT

18. air - Execute Notice of Completion of Contract with Granite Construction Company for Airfield Improvements at Stockton Metropolitan Airport. R-04-597

19. cdd/neigh/pres - Execute Agreements with Central Valley Low Income Housing Corporation and San Joaquin New Directions to Provide Services in Fulfillment of the County's 2003 Supportive Housing Grants. B-04-1112, A-04-954, A-04-955, A-04-956 & A-04-957

20. fac/mgmt - Accept Contract as Complete for the Jail 132-Bed Expansion Project. R-04-598

21. fac/mgmt - Award Contract for the San Joaquin County Jail and Honor Farm Fire Alarm Upgrade Project. R-04-599

22. fac/mgmt - Approve Resolution Supporting the Application of the City of Galt for a Grant from the California Youth Soccer and Recreation Development Program (2002 Resources Bond Act). R-04-600

23. fac/mgmt - Award of Contract for the San Joaquin County Human Services Agency Chiller and Cooling Tower Replacement Project. R-04-601

24. fac/mgmt - Approval of Subordination, Non-Disturbance and Attornment Agreement for Railroad Square. A-04-958\

25. fac/mgmt - Approve Appropriation Increase for County Service Area 48 - Woodbridge Community Park. (4/5th's Vote Required) B-04-1113

Consent – General Government (continued)

26. fac/mgmt - Award Contract for the Canlis Basement Chiller and Cooling Tower Replacement Project. R-04-602

27. oes - Continuance of Local Emergency. B-04-1114

28. rov - Appointment of Candidates to the Board of Trustees for Eight Reclamation Districts. R-04-603

29. treas/tax/colltr - Resolution Replenishing the Cash Difference Fund of the County Tax Collector. R-04-604

SCHEDULED MORNING ITEMS

9:00 a.m. - cao - State Advocate Annual Legislative and Budgetary Report. Don Peterson of Peterson Consulting, Inc. addressed the Board on this matter. No Action Taken – Oral Report.

9:00 a.m. - cao - Federal Advocate Year-End Legislative and Budgetary Report. Paul Sweet and John McCamman of Fleishman Hillard Government Relations addressed the Board on this matter. No Action Taken – Oral Report.

9:00 a.m. - h/r - Continuation of Hearing Regarding Administrative Complaint Filed by SEIU Local 790 Pertaining to the Seniority of Paul Ramirez. (Continued from 10/19/04) Don Turko, Director of Human Resources; Stepanie Batey, Representative for SEIU Local 790, and Paul Ramirez addressed the Board on this matter. Motion made to find in favor of the Complainant. Sieglock/Gutierrez/5 B-04-1115

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

A) Assessment Appeals Board - 2 Positions. Reappointed Ed Griffith. Clerk of the Board to Readvertise Remaining Position. Sieglock/Gutierrez/5 B-04-1116

B) Emergency Medical Care Committee - 2 Positions. Appointed Barry Elzig. Clerk of the Board to Readvertise Remaining Position. Sieglock/Mow/5 B-04-1117

C) Mental Health Board - 3 Positions. Clerk of the Board to Readvertise.

D) Northeast Community Center Advisory Board - 1 Position. Appointed Stanton Sumner. Gutierrez/Sieglock/5 B-04-1118

DISCUSSION - GENERAL GOVERNMENT

1. bos - Introduce and Waive Reading of an Ordinance Increasing Fines and Punishments for Illegal Dumping of Waste. (Said Ordinance to be Adopted on November 9, 2004) Supervisor Sieglock, Steve Winkler, Deputy Director of Public Works, David Wooten, Assistant County Counsel, and Joe Peterson of the San Joaquin Farm Bureau Federation addressed the Board on this matter. Sieglock/Mow/5 B-04-1119

COMMUNICATIONS

bos - Received and Referred all Board Communications this date as Outlined on the Communications Distribution Listing. Sieglock/Mow/5 B-04-1120

PUBLIC COMMENT

There was no Public Comment.

BOARD OF SUPERVISORS QUESTIONS AND COMMENTS

Supervisor Gutierrez stated that he had requested Planning Staff to look into a matter that was brought up at one of his recent neighborhood meetings regarding portable basketball hoops that are being left in the street. Secondly, Supervisor Gutierrez requested that Environmental Health Director and the Ag Commissioner be present for the afternoon agenda item to answer any questions that may arise regarding the General Text Amendment of Panella Properties concerning temporary farm labor housing.

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

PUBLIC EMPLOYEE APPOINTMENT

California Government Code Section 54957

Title: Health Care Services Director

12:50 p.m. – Chairman Ornellas called the meeting back to order following Closed Session. County Counsel Terry Dermody announced that the Board had tentatively decided to make an offer of appointment as Health Care Services Agency Director to Ken Cohen. He stated that the vote in Closed Session was 4 to 1, with Supervisor Gutierrez voting in the negative. County Administrator Manuel Lopez read the proposed terms and conditions of employment of Mr. Cohen. Mr. Cohen concurred with the proposed terms and conditions.

A motion was made to appoint Kenneth Cohen as the Health Care Services Director of San Joaquin County subject to the terms and conditions as outlined by the County Administrator. Sieglock/Mow/4; Gutierrez/No B-04-1121.

The Board requested that the employment contract containing the terms and conditions of Ken Cohen be placed on the November 9, 2004 agenda.

SCHEDULED AFTERNOON ITEMS

1:30 p.m. - cdd - Public Hearing Regarding General Text Amendment No. PA-04252 of Panella Properties Concerning Temporary Farm Labor Housing. (All Districts) Kerry Sullivan, Director of Community Development, and Chandler Martin, Deputy Director of Planning Division, addressed the Board on this matter. Postponed to November 23, 2004, at 1:30 p.m. Sieglock/Gutierrez/5 B-04-1122

Prior to the adjournment of the Board Meeting, Supervisor Sieglock requested that the issue of the Inmate Welfare Trust Fund be on an upcoming agenda. The County Administrator had indicated several weeks ago that a report was forthcoming.

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

Sieglock/Mow/5 B-04-1123

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).