Board of Supervisors

San Joaquin County

MINUTE SUMMARY

 

 

VICTOR MOW

Chairman

Third District

 

KEN VOGEL

Vice Chairman

Fourth District

 

LEROY ORNELLAS

Fifth District

 

STEVEN GUTIERREZ

First District

LARRY RUHSTALLER

Second District  

 

 

 

 

MANUEL LOPEZ

County Administrator

TERRENCE R. DERMODY

 County Counsel

LOIS M. SAHYOUN

Clerk of the Board

 

SAN JOAQUIN COUNTY

BOARD OF SUPERVISORS

Tuesday, January 9, 2007

 

 

A moment of silence was held.

 

PRESENT: SUPERVISORS VOGEL, RUHSTALLER, ORNELLAS, GUTIERREZ, AND CHAIRMAN MOW

 

 

SCHEDULED MORNING ITEMS

PRESENTATION

9:00 a.m. -bos - Recognition of Robert M. Heidelbach, Sheriff-Coroner.  On behalf of the     Board, Chairman Mow presented a plaque to Sheriff Heidelbach.  

APPOINTMENTS TO BOARDS AND COMMISSIONS

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

A) Boggs Tract Rural Fire District - 1 Position.  Clerk of the Board to Readvertise.

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

Appointments to Boards and Commissions (continued)

C) Civil Service Commission - 1 Position.  Clerk of the Board to Readvertise.

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

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

F) Housing Appeals Board - 1 Position.  Reappointed Jack Welch.  Ornellas/Gutierrez/5  B-07-8

G) In-Home Supportive Services - 1 Position.  Clerk of the Board to Readvertise.

H) Juvenile Justice-Delinquency Prevention Commission - 1 Position.  Clerk of the Board to Readvertise.

I) Kennedy Community Center Advisory Board - 1 Position.  Appointed Alton Daggs.  Ornellas/Gutierez/5  B-07-9

J) Planning Commission - 2 Positions. 

Appointed Michael Devencenzi. Ornellas/Ruhstaller/4; Supervisor Vogel recused himself.  B-07-10

Reappointed R. Nickerson, M.D.  Ruhstaller/Ornellas/4; Supervisor Vogel recused himself.  B-07-11

K) Revolving Loan Fund of Directors - 2 Positions.  Reappointed Bonnie Vistica & Al Crow.  Ornellas/Gutierrez/5  B-07-12 

L) Taft Community Center Advisory Board - 1 Position. Appointed Janet McGill or Sylvia Head.  Postponed to January 16, 2007.

M) Workforce Investment Board - 5 Positions.  Reappointed Christopher Paige.  Ornellas/Ruhstaller/5  B-07-13  Clerk of the Board to Readvertise Remaining Positions.

Georgianna Reichelt, addressed the Board.

APPROVE CONSENT ITEMS # 1-25

Consent Items:  #10, 13 & 14 - Pulled for discussion.

 

Consent Items (continued)

Consent Item:               #10 – Director of Public Works Tom Flinn responded to questions by Chairman Mow. 

Consent Item:               #13 – Chairman Mow asked that a correction be made to the Board Member 2007 Committee Assignments to add Supervisor Vogel to the Local Agency Formation Commission (LAFCO) as the Alternate.

Consent Item:               #14 – Supervisor Gutierrez recommended changes in the appointment of Legislative Assistants.  He asked that this matter be placed on the agenda for an upcoming meeting of the Board for discussion.   Chairman Mow felt it was appropriate for this matter to be discussed during the budget hearings.  Supervisors Ornellas and Ruhstaller concurred with Superivsor Gutierrez that they would like to discuss this matter further.   

Consent Items:              #1 – 25. Approved. Ornellas/Gutierrez/5

ToCan Nguyen, addressed the Board on various matters.

Supervisor Ruhstaller introduced his Legislative Aide Steve Reid.

CONSENT - HEALTH & HUMAN SERVICES

1.                  cob - Approve Announcement of 1 Position on the Taft Community Center Advisory Board.  B-07-14

2.                  cob - Approve Announcement of 1 Position on the Kennedy Community Center Advisory Board.  B-07-15

3.                  hcs - Approval of Applications for Reappointment to San Joaquin General Hospital Medical Staff.  B-07-16

4.                  hcs - Approval of Applications for Appointment to San Joaquin General Hospital Medical Staff.  B-07-17

5.                  hcs - Approval of Sublease of Property to Community Medical Centers, Inc. for the Operations of the Mariposa Outpatient Medical Clinic.  A-07-1

6.                  hcs - Approval of Transfer of Surplus Property to Community Medical Centers, Inc. for the Mariposa Outpatient Medical Clinic.  B-07-18

Consent – Health & Human Services (continued)

7.                  hcs - Approve Escrow Agreement for Security Deposits in Lieu of Retention for the San Joaquin General Hospital Radiology Suite Project.  A-07-2

8.                  hcs - Approval of Agreement for Certified Registered Nurse Anesthetist Training With Samuel Merritt College.  A-07-3

9.                  phs - Approval of Grant Agreement With the California Endowment for a Planning for Environmental and Systems Change Project.  B-07-19 & A-07-12

CONSENT - PUBLIC WORKS

10.              pw - Amendment of the Position Allocation Listing and Authorization of Mid-Year Budget Adjustments for the Department of Public Works. (4/5th's Vote Required)      B-07-20 & R-07-1

11.              pw - Approval and Adoption of Plans and Specifications for the Colonial Heights Resurfacing, Phase 3 and Setting a Bid Opening Date of February 1, 2007, at 1:30 p.m. (3rd District)  R-07-2

CONSENT - GENERAL GOVERNMENT

12.              ag/com - Approval of Agreement With California Department of Food and Agriculture for High Risk Pest Exclusion Program, and Related Budget Adjustments. (4/5th's Vote Required)  B-07-21. B-07-22 & A-07-4

13.              bos - Board Committee Assignments for 2007.  R-07-3

14.              bos - Appointment of Legislative Assistant.  B-07-41

15.              cao - Children and Families Commission (First 5 San Joaquin) Recommendation to Renew Funding Agreements with Stockton Unified School District, San Joaquin County Office of Education, Child Abuse Prevention Council, and Lao Family of Stockton, Inc.  B-07-24, A-07-5, A-07-6, A-07-7 & A-07-8

16.              cao - Children and Families Commission (First 5 San Joaquin) Recommendation to Renew Funding Agreements with Community Partnership for Families, Easter Seals of California and United Cerebral Palsy.  B-07-25, A-07-9, A-07-10 & A-07-11

17.              cc - Settlement of Legal Action Entitled Fay Murdock v. County of San Joaquin, et al., Superior Court Case No. CV024678.  B-07-26

18.              cc - Settlement of Legal Action Entitled Robert T. Brown v. County of San Joaquin, et al., United States District Court Case No. CIV S-04-2008 FCD PAN.  B-07-27

 

Consent – General Government (continued)

19.              cdd - Response to the Audit of the San Joaquin County Abandoned Vehicle Abatement Service Authority.  B-07-28

20.              eedd - Authorization to Release Request for Proposals for Youth Programs.  B-07-29

21.              eedd - Authorization to Release Request for Proposals for Child Care Referral Services.  B-07-30

22.              fac/mgnt -  Approve Out-of-State Travel for a Micke Grove Zoo Animal Care Specialist to Participate in the Association of Zoos and Aquariums Management School Training in Wheeling, West Virginia.  B-07-31

23.              hr - Create the New Exempt Class of Undersheriff, Assign and Allocate the Exempt Position to the Sheriff, Adopt an Ordinance Code Amendment Exempting this Class from Civil Service. (Said Ordinance Introduced and Waived on December 12, 2006)  Ordinance #4315

24.              hr - Implement Classification Project #05-028 by Amending and Retitling the Classes of Substance Abuse Counseling Program Chief to Substance Abuse Program Supervisor and Substance Abuse Director II to Substance Abuse Program Manager; and Deleting, Recalling and Abolishing the Class of Substance Abuse Director I in Behavioral Health Services - Substance Abuse Services.  R-07-4

25.              hr - Implement Classification Project #05-034 by Creating the New Class of Community Development Counter Manager; Reclassifying One Position of Development Services Counter Manager to Community Development Counter Manager; and Abolishing the Class of Development Services Counter Manager in the Community Development Department.  R-07-5

DISCUSSION - PUBLIC WORKS

1.                  pw - Consideration of Assessment Ballot for Roadway Eastments Within Reclamation District 2119 (Wright-Elmwood Tract). (3rd District)  Director of Public Works Tom Flinn and Steven Winkler, Deputy Director of Operations, briefed the Board on this matter. Georgianna Reichelt addressed the Board on this matter.  The Board authorized the Public Works Director to cast a “No” vote on the Assessment Ballot, on behalf of San Joaquin County, for the proposed Reclamation District No. 2119 roadway easement assessment; and in the event the Assessment Ballot passed, directed the Public Works Director to challenge the proportional benefit received and assessment amount proposed for roadway easements by the District Engineer’s Report; and directed the Public Works Director to present the results of the challenge and any related funding recommendations for further consideration by the Board.    Ornellas/Gutierrez/5            B-07-37

DISCUSSION - GENERAL GOVERNMENT

1.                  air - Approval of Customs and Border Protection Memorandum of Agreement and Report Regarding Aeromexico Letter Agreement.  Postponed one week.

2.                  bos - Consideration of a County Funding Contribution to the Delta Protection Commission. Supervisor Ornellas, briefed the Board on this matter.  Linda Fiack, Executive Director of the Delta Protection Commission, addressed the Board on this matter. (4/5th's Vote Required)  The Board approved a County contribution in the amount of $6,000 for the construction and operation of a Delta Visitor Information Center and five “Welcome to the Delta” signs.  Ornellas/Gutierrez/5  B-07-32 &          B-07-40

3.                  cao - Adoption of 2007 State and Federal Legislative Platforms.  County Administrator Manuel Lopez and Elena Reyes of the County Administrator’s Office briefed the Board on this matter. Airport Director Barry Rondinella and Health Care Services Director Ken Cohen responded to questions by Board Members.  Approved Staff Recommendation.  Ornellas/Gutierrez/5    B-07-39

COMMUNICATIONS

bos -    Received and Referred all Board Communications this date as Outlined on the Communications Distribution Listing.  Approved.  Ornellas/Gutierrez/5  B-07-33

PUBLIC COMMENT

Elilzabeth Campbell, Tim McElrath and Georgianna Reichelt addressed the Board regarding the American Legion Post at the airport.

ToCan Nguyen, addressed the Board on various matters.

BOARD OF SUPERVISORS QUESTIONS AND COMMENTS

Supervisor Gutierrez asked that the proposed Courthouse Mural Project be placed on the agenda.

CLOSED SESSION

CONFERENCE WITH LABOR NEGOTIATOR                                                              

California Government Code Section 54957.6

Agency Negotiator:       Manuel Lopez; Wayne Heine; John Bertke; Geoff Rothman;                              Scott Kenly

            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)

            Carlos Vidales v. County of San Joaquin, et al. San Joaquin County Superior Court Case No. CV029873

SCHEDULED AFTERNOON ITEMS

1.  1:30 p.m. - cdd - Public Hearing Regarding General Plan Map Amendment No. PA-0600437 Plus Zone Reclassification No. PA-0600438 of Steven Sanchez. (C/O Olmstead Development) (5th District) (Continued from 12/12/06) Item was withdrawn from the agenda.

2.  1:30 p.m. - cdd - Public Hearing Regarding the Planning Commission Approval of General Plan Map Amendment No. PA-0600037 and Zone Reclassification                   No. PA-0600552 of Kanwarjit Kelly. Community Development Department Deputy Director Chandler Martin briefed the Board on this matter.  Community Development Director Kerry Sullivan responded to questions from Board Members.  Howard Seligman, addressed the Board on this matter.  (C/O Howard Seligman) (3rd District)  Approved.  Gutierrez/Ornellas/5  B-07-34

3.  1:30 p.m. - cdd - Public Hearing Regarding General Plan Text Amendment Application No. PA-0600441 of Nick and Dolores Spanos Concerning Commercial Development Policy. (All District)  Community Development Department Director Kerry Sullivan and Community Development Department Deputy Director Chandler Martin briefed the Board on this matter.  Community Development Director Kerry Sullivan responded to questions from Board Members.  Attorney Mike Hakeem, representing Nick and Dolores J. Spanos, addressed the Board on this matter.  Approved.  Gutierrez/Ornellas/5   B-07-35

4.  1:30 p.m. - cdd - Public Hearing Regarding Approval of First Cycle General Plan  Amendment for : 1) General Plan Map Amendment No. PA-0600037 and Zone Reclassification No. PA-0600552 of Kanwarjit Kelly (Third Supervisorial District); 2) General Plan Map Amendment No. PA-0600437 and Zone Reclassification No. PA-0600438 of Steven Sanchez (Fifth Supervisorial  District); and 3) General Plan Text Amendment No. PA-0600441 of Nick Jr. and Dolores J. Spanos. (All Districts) 

4.                  (continued) Community Development Department Director Kerry Sullivan and Community Development Department Deputy Director Chandler Martin briefed the Board on this matter. Approved.  (Note:  The approval of this item only includes #2 and #3 that were heard by the Board.)  Ornellas/Gutierrez/ R-07-6 & Ordinance #4316

 

ADJOURNED TO TUESDAY, JANUARY 16, 2007 AT 9:00 A.M.

Gutierrez/Ornellas/5  B-07-38

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).