Board of Supervisors

San Joaquin County

MINUTE SUMMARY

 

 

 

DARIO L. MARENCO

Chairman

Second District

 VICTOR MOW

Vice-Chairman

Third District

 

JACK A. SIEGLOCK

Fourth District

 

LEROY ORNELLAS

Fifth District

 

STEVE GUTIERREZ

First District

 

 

 

MANUEL LOPEZ

County Administrator

TERRENCE R. DERMODY

 County Counsel

LOIS M. SAHYOUN

Clerk of the Board

 

 

SAN JOAQUIN COUNTY

BOARD OF SUPEVISORS

MINUTE SUMMARY

TUESDAY, SEPTEMBER 19, 2006

 

PRESENT: MOW, ORNELLAS, SIEGLOCK, GUTIERREZ, MARENCO

 

Minutes of the Board of Supervisors' Meetings of June 27,  July 11, &  September 12, 2006.               Approved.  Sieglock/Mow/5  B-06-1030

SCHEDULED MORNING ITEMS

      9:00 a.m. - Registrar of Voters Presentation to Board of Supervisors of the Voting             Modernization Board Fund.  Registrar of Voters Deborah Hench informed the Board that the County has received $3,279,406.93 (Voting Modernization Funds) and $56,265.02 (EAID Grant).

 

APPOINTMENTS TO BOARDS AND COMMISSIONS

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

A)  Community Action Board - 2 Positions. (Continued from 8/15/06). Clerk of the Board of to Readvertise Positions.

B)  Drug & Alcohol Programs Advisory Board - 3 Positions. (Continued from 8/15/06). Clerk of the Board to Readvertise Positions.

 

Appointments to Boards and Commissions (continued)

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

D)  Garden Acres Community Center Advisory Board - 1 Position. (Continued from 8/15/06) Clerk of the Board to Readvertise

E)  Juvenile Justice-Delinquency Prevention Commission - 1 Position. (Continued from 8/15/06)

F)  Taft Community Center Advisory Board - 1 Position.  Appointed William Gordley.  Sieglock/Gutierrez/5  B-06-1031

 

PRESENTATIONS

9:00 a.m. - bos - Proclamation Proclaiming September 17--22, 2006 as "National Rehabilitation Week" in San Joaquin County.  Chairman Marenco presented the proclamation to Rachel Torres, Rehab Services Manager at the San Joaquin General Hospital.  Ms. Torres addressed the Board.

 

APPROVE CONSENT ITEMS # 1-28.

Consent Item:               #2 – Pulled for discussion.

Consent Item:               #2 – In response to Supervisor Mow, Health Care Services Director Ken Cohen gave an update on this item to the Board.

ToCan Nguyen addressed the Board on Consent Items.

Consent Item:               #1-28 – Approved.  Mow/Gutierrez/5                        

CONSENT - HEALTH & HUMAN SERVICES

1.                  ag/cs - Approval of the Revised In-Home Supportive Services Public Authority State Rate Application for Fiscal Year 2006/2007.  B-06-1032

Consent – Health & Human Services (continued)

2.                  bhs- Acceptance of Mental Health Services Act (Proposition 63) Status Report.                B-06-1033

3.                  bhs - Approval of New Deferred Entry of Judgment Programs.  B-06-1034

4.                  env/health - Approval of Records Retention Policy and Schedule for the Environmental Health Department.  B-06-1035

5.                   hcs - Approval of Amendments to Agreements with the Regents of the University of California for Hematology and Oncology Professional Services.  B-06-1036 & A-06-741 & A-06-742

6.                  hcs - Approval of Applications for Reappointment to San Joaquin General Hospital Medical Staff.  B-06-1037

7.                  hcs - Approval of Applications for Appointment to San Joaquin General Hospital Medical Staff.  B-06-1038

8.                  hcs - Approval of Application for Appointment to San Joaquin General Hospital Allied Health Professional Staff.  B-06-1039

9.                  hcs - Approval of Amendment to Agreement on Medical School Training with the Regents of the University of California. A-06-743

10.              hsa - Approval of Agreements with Council for the Spanish Speaking, Lao Khmu and Charterhouse Center to Provide CalWORKs Sanctioned Clients Project from October 1, 2006 through September 30, 2008.  (4/5ths Vote Required)  B-06-1040 & B-06-1041  & A-06-744 & A-06-745 & A-06-746

11.              hsa - Renewal of Case Management Services Contracts with Council for the Spanish Speaking, Lao Khum and Charterhouse Center for the Period from November 1, 2006 through October 31, 2008.  B-06-1042 & A-06-747 & A-06-748 & A-06-749

12.              hsa - Amendment of Agreement with Addus Healthcare, Inc. for In-Home Supportive Services Program. (4/5ths Vote Required).  B-06-1043 & B-06-1044 & A-06-750

CONSENT - PUBLIC WORKS

13.              pw - Award of Contract for the Fairchild Lane Improvements. (4th District) R-06-565

14.              pw - Acceptance of the Thornton Streets Resurfacing Contract and Execution of a Notice of Completion. (4th District)  R-06-566

15.              pw - Acceptance of the Linden (Old Town), Farmington, Fraser Ranchetts, and Rancho Village Resurfacing Contract and Execution of a Notice of Completion. (4th District)    R-06-567

Consent – Public Works (continued)

16.              pw - Lease Agreement for Department of Public Works Office Space. A-06-751

17.              pw - Approval of Subdivision Agreement and Final Map Entitled "Oakwood Lake Unit #5" Located on the North Side of Woodward Avenue,West of Manteca.  (5th District)  R-06-568 & A-06-752

18.              pw - Approval of Subdivision Agreement and Final Map Entitled "Oakwood Lake, Unit #3", Located on the North Side of Woodward Avenue, west of Manteca. (5th District)  R-06-569 & A-06-753

CONSENT - LAW & JUSTICE

19.              s/o - Appropriation Adjustments Resulting from Final 2006/2007 State Budget.                (4/5ths Vote Required)  B-06-1045

20.              s/o - Out-of-State Travel to Quantico, VA for Federal Bureau of Investigation National Academy.  B-06-1046

CONSENT - GENERAL GOVERNMENT

21.              bos - Reissue Warrant #D370167-Dated January 8, 2003 for Dennis Ferguson.               B-06-1047

22.              cao - Request for Proposal for Professional Federal Legislative Advocacy Services.            B-06-1048

23.              cao - San Joaquin County Public Facilities Financing Corporation Appointment of Directors.  B-06-1049

24.              cc - Settlement of Legal Actions Entitled Michael C. Lewis et al., vs. Winkler Trucking, et al., County of San Joaquin Superior Court Case #CV025063 (consolidated with County of San Joaquin Superior Court Case Nos. CV025567 and CV025862).                       B-06-1050

25.              cob - Approve Announcement of 2 Positions on the Northeast Community Center Advisory Board.  B-06-1051

26.              cob - Approve Announcement of 4 Positions on the Resource Conservation District.          B-06-1052

27.              fac/mgmt - Approve Agreement with Lodi Grape Festival and National Wine Show, Inc. A-06-754

 

CONSENT - IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

28.              labor/rel - Adoption of the Memorandum of Understanding between San Joaquin County IHSS Public Authority and SEIU-UHW Bargaining Unit and Increase Appropriation of IHSS Budget. (4/5ths Vote Required).  B-06-1053 & B-06-1054 & A-06-755

COMMUNICATIONS

bos - Receive and Refer all Board Communications this date as Outlined on the Communications Distribution Listing.  Approved.  Sieglock/Mow/5  B-06-1055

 

PUBLIC COMMENT

Stephanie Batey of SEIU presented Board Members with large foam post cards from the SEIU Executive Board Meeting that was held on Saturday, September 16, 2006.  She stated that they have been in bargaining since December 14, 2005 and to date have not reached an agreement.

Catherine Prasad and Margo Praus, nurses at San General Hospital, addressed the Board regarding their frustrations with labor relations.  The nurses have been in bargaining since March and have not reached an agreement.  Ms. Praus called to the Board’s attention the Health Care Bill that is sitting on the Governor’s desk.   

Carey Martin informed the Board that on October 7 the Karl Ross Post, in concert with the City of Stockton, will sponsor a Support the Troops Rally at Martin Luther King.  He also informed the Board of the dedication of the Richard Pittman School at 701 E. Park Street in Stockton on Thursday, September 21. 

ToCan Nguyen addressed the Board.

Georgianna Reichelt addressed the Board and stated that the American Legion Post at the Airport that has been there for 60 years was noticed that they have to move.  She asked who owns the property and who does she contact regarding this matter.  Chairman Marenco referred the matter to County Administrator Manuel Lopez.  

 

BOARD OF SUPERVISORS QUESTIONS AND COMMENTS

Supervisor Ornellas informed the Board that the Department of Homeland Security and the USDA is considering the construction of a new national bio and agro defense facility and Site 300, southwest of Tracy, is one of 18 locations that have made the short list.  This is a $450 million facility.  Supervisor Ornellas reported that he has met with two of Lawrence of Livermore Lab representatives who are proponents of the facility on June 2.  On September 12, 

Board of Supervisors Questions and Comments (continued)

he attended a workshop that was held by the proponents of the workshop.  Supervisor Ornellas asked the Community Development Department to look into the land use jurisdictions on Site 300.  County Counsel is to report back to Community Development on their legal opinion on land use jurisdictions at that location.  He also asked the Agricultural Advisory Committee to review this matter and to submit their opinion to the Board.  The Board may be asked to take a position. 

County Administrator Manuel Lopez introduced Karen McConnell, the new Public Information Officer, and Adolfo Munoz, the new Headstart Director.

County Counsel Terrence Dermody announced that the Board was going into Closed Session on the items listed on the agenda and that the Board may have comment coming out of Closed Session with respect to litigation. 

CLOSED SESSION

CONFERENCE WITH LABOR NEGOTIATOR

            California Government Code Section 54957.6

            Agency Negotiator:       Manuel Lopez; Wayne Heine; John Bertke; Scott Kenly; 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 - ANTICIPATED LITIGATION

            Significant exposure to litigation pursuant to California Government Code Section 54956(b); 4 cases.

 

CONFERENCE WITH REAL PROPERTY NEGOITATOR California Government

Code Section 54956.8

Property:  Parcel #21213013, #21216004 and #21216009 Tracy, California.

Negotiating Parties: Craig Ogata, Director of Facilities Management,

                               County of San Joaquin

                               Patrick Wiemiller, Director of Public Works, City of Tracy.

Under Negotiation:  Price and terms of payment

 

PUBLIC EMPLOYEE APPOINTMENT

California Government Code Section 54957

  Title: County Counsel

 

SCHEDULED AFTERNOON ITEMS

1:30 p.m. - eeo - Presentation of Certificates of Completion to Mentor Partnership Program Participants.  Robin Moore, EEO Program Manager, addressed the Board.  Board Members presented Certificates to the Mentees and Mentors.

 

County Counsel announced that the Board, by unanimous decision, authorized the County to intervene in the following lawsuits:

 

STATE CASES: (Filed in Sacramento Superior Court)

 

Case No. 06CS00862  

UNITED STATES OF AMERICA v. STATE WATER RESOURCES CONTROL BOARD 

 

Case No. 06CS00864

STATE WATER CONTRACTORS, Petitioner and Plaintiff, v. STATE WATER RESOURCES CONTROL BOARD, Respondent and Defendant,  DEPARTMENT OF WATER RESOURCES AND BUREAU OF RECLAMATION, Real Parties in Interest

Case No. 06CS00863

SAN LUIS & DELTA-MENDOTA WATER AUTHORITY, WESTLANDS WATER DISTRICT, Plaintiffs-Petitioners, v. STATE WATER RESOURCES CONTROL BOARD, and DOES 1 through 25, inclusive,  Defendants-Respondents,  CALIFORNIA DEPARTMENT OF WATER RESOURCES, UNITED STATES OF  AMERICA, DEPARTMENT OF INTERIOR, BUREAU OF RECLAMATION,  and ROES 1 through 25, inclusive, Real Parties-in-Interest,

FEDERAL CASE: (Filed in the United States District Court- Eastern District of CA- Sacramento Office)

 

Case No. 2006-Civil-1318 (filed 6-15-06)

United States of America, Plaintiff, vs. State Water Resources Control Board of the State of California; Tam M. Doduc, in his official capacity as Chair; State Water Resources Control Board; GERALD DAVID SECUNCY, in his official capacity as Vice Chair, State Water Resources Control Board; ARTHUR G. BAGGETT, JR. in his official capacity as Board Member, State Water Resources Control Board; CHARLES R. HOPPIN, in his official capacity as Board Member, State Water Resources Control Board; GARY WOLFF, in his official capacity as Board Member, State Water Resources Control Board; and CELESTE CANTU, in her official capacity as Executive Director, State Water Resources Control Board, Defendants.”

 

ADJOURNED TO TUESDAY, SEPTEMBER 26, 2006 AT 9:00 A.M.

Sieglock/Gutierrez/5   B-06-1056

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).