Board of Supervisors San Joaquin County MINUTE SUMMARY	STEVEN GUTIERREZ Chairman First District DARIO L. MARENCO Vice Chairman Second District VICTOR MOW Third District JACK A. SIEGLOCK Fourth District LEROY ORNELLAS Fifth District
MANUEL LOPEZ County Administrator TERRENCE R. DERMODY County Counsel LOIS M. SAHYOUN Clerk of the Board

BOARD CHAMBERS, COURTHOUSE, 7TH FLOOR

222 E. WEBER AVENUE, STOCKTON, CA

Tuesday, June 28, 2005

9:00 AM

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

Approve Minutes of the Board of Supervisors' Meetings of June 21, 22, & 23, 2005. Approved. Mow/Marenco/5 B-05-726

SCHEDULED MORNING ITEMS

APPOINTMENTS TO BOARDS AND COMMISSIONS

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

A) Advisory Water Commission - 2 Positions Reappointed Matthew Machado and Joe Giulian. Sieglock/Marenco/5 B-05-727

B) Camanche Regional Park Advisory Board - 1 Position. Reappointed Jose Alva. Sieglock/Marenco/5 B-05-728

C) Commission on Aging - 3 Positions. Reappointed Dean Morris, Gerald Rothman and Joseph Murphy. Sieglock/Marenco/5 B-05-729

D) Planning Commission - 2 Positions. Reappointed Sandra Carter and Appointed Elizabeth Blanchard. Sieglock/Marenco/5 B-05-730 & B-05-731

Appointments to Boards and Commissions (continued)

E) Public Health Advisory Board - 3 Positions. Reappointed Al Crow. Sieglock/Marenco/5; Clerk of the Board to readvertise remaining two positions. B-05-732

F) Retirement Board - 1 Position. Reappointed Ray McCray. Sieglock/Marenco/5 B-05-733

9:00 a.m. - bos - Reappointment of Jeffrey Prag and Christine Kroger to the San Joaquin County Law Library Board of Trustees. Reappointed Jeffrey Prag and Christine Kroger. Sieglock/Mow/5 B-05-734

9:00 a.m. - hsa - Conduct Public Hearing to Adopt the In-Home Supportive Services Public Authority Fiscal Year 2005-2006 Budget and Rate Application. (Action Required by the Board of Supervisors and the IHSS Public Governing Board of Directors). Human Services Agency Director Joe Chelli and George McHugh, Director of Public Authority addressed the Board on this matter. Supervisor Sieglock requested that the Board be provided a report showing costs of previous years. Approved. Sieglock/Mow/5 B-05-735 & B-05-736

APPROVE CONSENT ITEMS # 1-36

Consent: #17 - Pulled for discussion by Supervisor Mow.

Consent: #28 – Pulled for discussion by Supervisor Ornellas.

Consent: #1, 2, 8 & 22 – Pulled for discussion by Supervisor Sieglock.

Consent: #37 – Pulled for discussion by Chairman Gutierrez for public comment from Beverly Foster.

Consent: #3-7, 9-16, 18-21, 23-27 and 29-36. Approved. Mow/Marenco/5

Consent Items (continued)

Consent Item: #1 – In response to Supervisor Sieglock, First Five Program Director Lani Schiff-Ross stated that other cities could also receive this funding.

Consent Item: #2 – In response to Supervisor Sieglock, First Five Program Director Lani Schiff-Ross explained the meaning of this item.

Consent Item: #8 – In response to Supervisor Sieglock, Human Services Agency Director Joe Chelli and Human Services Agency Deputy Director Dave Erb clarified the designation of the Children’s Services Coordinating Commission to serve as the Child Abuse Prevention Coordinating Council.

Consent Item: #17 – In response to Supervisor Mow, Juvenile Justice System Coordinator Stewart Wakeling gave an evaluation summary of the Neighborhood Center Initiative.

Consent Item: #22 – In response to Supervisor Sieglock, Chairman Gutierrez stated that the funding for the 2005-06 Summer Youth Enrichment Program was coming out of the District Special Projects/Activities fund allocated to the First Supervisorial District.

Consent Item: #28 – Mr. Lee Brink of Stockton addressed the Board on this matter. Community Development Director Kerry Sullivan asked the Board’s direction to initiate an ordinance. After discussion by Board Members, Ms. Sullivan stated that prior to coming back to the Board, she will send a draft of the ordinance to Board Members to review.

Consent Item: #37 - Beverly Foster expressed concerns about identification of the trucks and if the ordinance is passed, how will the vendors know of the new ordinance. Treasurer-Tax Collector Shabbir Khan explained that the ordinance will be published in the newspaper, information will be provided on the application for the licenses as they are issued, and he will write a letter to the 20 current vendors that are licensed. County Counsel Terrence stated that it will take some time for the word to filter out.

Consent Items: 1, 2, 8, 17, 22, 28 and 37. Approved. Sieglock/Mow/5

ToCan Nguyen addressed the Board on Consent Items.

CONSENT - HEALTH & HUMAN SERVICES

1. cao - Children and Families Commission (First 5 San Joaquin) Recommendation to Fund City of Stockton Parks and Recreation Department as Leverage for the Playground Renovation Project. B-05-737 & A-05-468

2. cao - Children and Families Commission (First 5 San Joaquin) Recommendation for Extension of Funding Agreements for 2005/2006. B-05-738 & A-05-469 thru A-05-497

3. hcs - Approval of Applications for Appointment to San Joaquin General Hospital. B-05-739

4. hcs - Approval of Applications for Reappointment to San Joaquin General Hospital Medical Staff. B-05-740

5. hcs - Approval of Revisions to the San Joaquin General Hospital Bylaws. B-05-741

6. hcs - Approval of Employment Contracts for Health Care Professional Pharmacy Residents. A-05-498 & A-05-499

7. hcs - Approval of Employment Contracts for Health Care Services. A-05-500--506

8. hsa - Recommendation to Designate the Children's Services Coordinating Commission to Serve as the Child Abuse Prevention Coordinating Council. B-05-742 & R-05-372

9. hsa - Request to Sign Notice of Intent for Child Abuse Prevention, Intervention, and Treatment Program, Community-Based Child Abuse Prevention Program and The Promoting Safe and Stable Families Program. B-05-743

10. hsa - Approval of Contract with San Joaquin County Office of Education for Child Abuse Prevention, Intervention and Treatment Services. B-05-744 & A-05-507

11. hsa - Approval of Fiscal Year 2005-06 State Contract for Senior Community Services Employment Program. B-05-745 & A-05-508

12. hsa - Approval of the In-Home Supportive Services Public Authority Interagency Agreement (Action Required by the Board of Supervisors and the IHSS Public Authority Governing Board of Directors). B-05-746 & A-05-509

13. hsa - Approval of Congregate and Home-Delivered Meals Contracts for Seniors First, Inc. for Fiscal Year 2005-2006. B-05-747 & A-05-510 & A-05-511

14. phs - Approval of Out-of-State Travel to Attend the National Association of City and County Health Officials - Association of State and Territorial Health Officials 2005 Joint Conference in Boston, Massachusetts. B-05-748

15. phs - Approval of Contract Amendment with the California Department of Health Services for Ryan White Funds and Memoranda of Understanding with Community Medical Centers and the San Joaquin AIDS Foundation. B-05-749 & A-05-512, A-05-513 & A-05-514

CONSENT - PUBLIC WORKS

16. pw - Award of Contract for the Valpico Road Resurfacing. (5th District) R-05-373

CONSENT - LAW & JUSTICE

17. cao - Contract for the Continued Implementation of the Neighborhood Service Center Initiative of the Comprehensive Multiagency Juvenile Justice Plan. B-05-750 & A-05-515

18. prob - Renewal of Contract for Management Training and Consulting Services. A-05-516

19. prob - Approve Agreement with Center for Positive Alternatives Inc., for Operation of a Youth Service Bureau. A-05-517

20. s/o - Approval of Sponsored Out-of-State Travel to Firearms Training in Pahrump, Nevada. B-05-751 & B-05-752

21. s/o - Sheriff-Inmate Welfare Fund: Approval of Inmate Telephone System Contract with Evercom Systems, Inc. B-05-753 & A-05-518

CONSENT - GENERAL GOVERNMENT

22. bos - Funding for 2005-2006 Summer Youth Enrichment Programs. B-05-754

23. cao - Response to 2004/2005 Grand Jury Report - Case #1304 San Joaquin County District Attorney Fifth Floor (Office Space on the Fifth Floor). B-05-755

24. cob - Approve Announcement of 12 Positions on the Workforce Investment Board. B-05-756

25. cdd - Introduce and Waive Reading of an Ordinance to Amend the California Fire Code, 2001 Edition, and Set Date of the Public Hearing for July 19, 2005 at 9:15 a.m. B-05-757

26. cdd - Introduce and Waive Reading of an Ordinance to Amend the California Building Code, 2001 Edition, and Set the Date of the Public Hearing for July 19, 2005 at 9:15 a.m. B-05-758

27. cdd - Introduce and Waive Reading of an Ordinance to Adopt the California Electrical Code, 2004 Edition, and Set the Date of the Public Hearing for July 19, 2005 at 9:15 a.m. B-05-759

28. cdd - Initiate a Text Amendment Restricting the Location of Basketball Hoops within the County Road Right-of-Way. B-05-760

29. fac/mgmt - Approve Support of AB-486 - Roberti Z'Berg-Harris Urban Open Space and Recreation Program. B-05-761

30. rov - Resolution Declaring the Results of the Second Member-General Members, San Joaquin County Employees Retirement Association Held on June 14, 2005. R-05-374

31. veterans/ofc - Approve Participation in State Subvention Fund, Medi-Cal Cost Avoidance and Veteran License Plate Fund Programs for Fiscal Year 2005-2006. B-05-762

CONSENT - IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

32. ihss - Introduce and Waive Reading of an Ordinance Adopting an Amendment to the Contract between the Public Authority and Board of Administration of CALPERS. (Said Ordinance to be Adopted on 7/12/05). B-05-763

CONSENT - MOUNTAIN HOUSE COMMUNITY SERVICES DISTRICT

33. mhcsd - Approval of Professional Services Contracts with Nolte Associates, Inc for Engineering and Inspection Services for Mountain House Community Services District. B-05-764 A-05-519 & A-05-520

34. mhcsd - Approval of a Professional Services Contract with TJKM to Provide On-Call Traffic Studies and Transportation Planning Services for Mountain House Community Services District. B-05-765 & A-05-521

35. mhcsd - Approval of a Professional Services Contract with Harris & Associates to Provide Engineering and Construction Inspection Services for Neighborhoods E, G, H, and Arterial Roadway Construction for Mountain House Community Services District. B-05-766 & A-05-522

36. mhcsd - Approval of Professional Services Contracts with West Yost & Associates for Engineering and Construction Management Services to the Mountain House Community Services District for the Water Treatment Plant and Wastewater Treatment Plan Expansion and Other Utility-Related Projects. B-05-767, A-05-523, A-05-524, & A-05-525, A-05-526, & A-05-527 & A-05-528

DISCUSSION - GENERAL GOVERNMENT

1. cao - Report on Head Start Program, Amend Head Start Grant Application and Authorize Head Start Positions and Policy Council Members. Phil Brown, County Administator Manuel Lopez and Bruce Guidici, ToCan Nguyen and Pastor Ernest Williams addressed the Board regarding this matter. Approved. Sieglock/Mow/5 B-05-768

COMMUNICATIONS

bos - Receive and Refer all Board Communications this date as Outlined on the Communications Distribution Listing. Approved. Sieglock/Mow/5 B-05-769

PUBLIC COMMENT

Pastor Ernest Williams and Robert Wooten addressed the Board regarding the hiring of a specific Deputy Sheriff from another county.

ToCan Nguyen addressed the Board regarding various matters.

BOARD OF SUPERVISORS QUESTIONS AND COMMENTS

Supervisor Marenco stated that he would like to see a report from the Sheriff regarding the hiring of a specific deputy sheriff from another county, i.e., how the hiring was done and if it was legitimate. County Administrator Manuel Lopez stated that the Sheriff will have to respond to the Grand Jury, however, he will request that the Sheriff provide the Board a report.

In response to concerns raised by Supervisor Marenco regarding IHSS, County Administrator Manuel Lopez stated that he will furnish a report to the Board.

County Administrator Manuel Lopez responded to Supervisor Mow’s request for clarification on Consent Calendar Item #13.

Supervisor Mow expressed that he felt many of the questions raised regarding the hiring of a specific deputy sheriff from another county were answered in the Grand Jury Report. He asked how individuals could receive a copy of the Grand Jury Report. Supervisor Ornellas added that maybe there would be less concern if the deputy sheriff was at a desk job.

Supervisor Ornellas expressed his dismay on a recent Supreme Court decision regarding eminent domain. County Counsel addressed the Board on this matter.

Mr. Robert Wooten came to the podium again to speak. In response to Mr. Wooten, County Counsel Terrence Dermody stated that when the formal response to the Board is received from the Sheriff, that would be the appropriate time for discussion of this matter. Chairman Gutierrez asked Mr. Wooten to wait for the response from the Sheriff. Supervisor Sieglock suggested that Mr. Wooten speak to the new Sheriff and offered to make Mr. Wooten a copy of the Grand Jury Report.

Supervisor Sieglock inquired about a request that Supervisor Ornellas raised several months ago with regard to the Coroners report and asked when will the Board receive the report. County Administrator Manuel Lopez stated that the Board would receive the report by July 19 or July 26.

In response to Chairman Gutierrez question regarding ambulance service discussions between the City of Stockton and American Medical Response (AMR), County Administrator Manuel Lopez stated that the issue is between AMR and the City of Stockton. He added that Health Care Services Director Ken Cohen will be coming to the Board on July 12 regarding ambulance services.

Chairman Gutierrez asked when would the Board be receiving a report of Office of Substance Abuse (OSA) employees that are will be laid off and where they are being placed. County Administrator Manuel Lopez gave a brief update and stated that he would make sure the Board received a report. Chairman Gutierrez said that he would also like to know the salary that OSA employees would be making if they were moved into other positions.

Chairman Gutierrez suggested that if there were any future Community Development matters that were not lengthy, that they be placed to be heard in the morning of a Board meeting rather than the afternoon. Board Members concurred.

County Counsel Terrence Dermody announced that there was no “Closed Session: and that the Board would be in recess until 1:30 p.m.

CLOSED SESSION

CONFERENCE WITH LABOR NEGOTIATOR

California Government Code Section 54957.6

Agency Negotiator: Manuel Lopez; Wayne Heine; John Bertke; Bruce Heid.

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 - Public Hearing Regarding Development Title Text Amendment Application #PA-0400683 of San Joaquin County Regarding the Definition of "Special Indoor Event" and "Special Outdoor Event."(All Districts) Community Development Director Kerry Sullivan briefed the Board on this matter. Approved. Sieglock/Marenco/5 B-05-770 & Ordinance #4258

ADJOURNED TO TUESDAY, JULY 12, 2005 AT 9:00 A.M. Sieglock/Ornellas/5 B-05-771

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).

			STEVEN GUTIERREZ Chairman First District DARIO MARENCO Vice-Chairman 2^nd District VICTOR MOW Third District JACK A. SIEGLOCK Fourth District LEROY ORNELLAS Fifth District
		Board of Supervisors San Joaquin County SUPPLEMENTAL AGENDA
MANUEL LOPEZ County Administrator TERRENCE R. DERMODY