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

DAVID WOOTEN

 County Counsel

LOIS M. SAHYOUN

Clerk of the Board

 

SAN JOAQUIN COUNTY

BOARD OF SUPERVISORS

Tuesday, May 22, 2007

 

 

A moment of silence was held.

 

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

 

SCHEDULED MORNING ITEMS

APPOINTMENTS TO BOARDS AND COMMISSIONS

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

A) Building Board of Appeals - 1 Position.  Appointed Mark C. Holley.  Ornellas/Gutierrez/5  B-07-526

B) Larch Clover Community Center Advisory Board - 1 Position.  Clerk of the Board to Readvertise.

C) Mental Health Board - 1 Position.  Appointed Karen O. Ippolito.  Ornellas/Gutierrez/5  B-07-527

D) San Joaquin Valley Unified Air Pollution Control District - 1 Position.   Clerk of the Board to Readvertise. 

E) Workforce Investment Board - 1 Position.  Clerk of the Board to Readvertise. 

APPROVE CONSENT ITEMS # 1-16

Consent Item:               #4 – Health Care Services Director Ken Cohen addressed the Board on this matter.  The Board continued this matter to May 29, 2007. 

ToCan Nguyen, addressed the Board on Consent Items.

Consent Items:              #1– 3 and 5– 16. Approved.  Ornellas/Vogel/5

CONSENT - HEALTH & HUMAN SERVICES

1.                  bhs - Approval of Agreement with Victor Community Support Services, Inc.  A-07-358

2.                  bhs- Approval of California Department of Alcohol and Drug Programs Combined Negotiated Net Amount/Drug Medi-Cal Agreement.  B-07-528 & A-07-359

3.                  cob - Approve Announcement of 4 Positions on the Commission on Aging.  B-07-529

4.                  hcs - Approval to Dissolve the Drug and Alcohol Advisory Board, the Public Health Advisory Board and the Emergency Medical Care Committee.  Continued to May 29, 2007.

5.                  hcs - Approval of Agreement Modification for Professional Services with Delta Sierra Medical Group, Inc.  A-07-360

6.                  hsa - Approval of Fiscal Year 2007-08 State Contract for Senior Community Services Employment Program.  B-07-530 & A-07-361

7.                  hsa - Authorization to Submit the Area Agency on Aging Fiscal Year 2007-08 Plan Update to the California Department of Aging.  B-07-531

8.                  hsa - Approval to Join the Consortium C-IV Joint Powers Authority and Assign Migration Funds to C-IV.  B-07-532, A-07-362, A-07-363, A-07-364 & A-07-365

CONSENT - PUBLIC WORKS

9.                  pw - Award of Contract for the Baker Road Resurfacing. (4th District)  R-07-249

10.              pw - Approval and Adoption of Plans and Specifications for the Roth Road and Airport Way Resurfacing and Setting a Bid Opening Date of June 14, 2007, at 1:30 P.M. (1st and 3rd Districts)  R-07-250

 

CONSENT - LAW & JUSTICE

11.              s/o - Renewal of Contract with Army Corp of Engineers for Law Enforcement Services at Stanislaus River Parks.  B-07-533 & A-07-366

CONSENT - GENERAL GOVERNMENT

12.              aud - Adjustments to 2006-07 Revenue Estimates for County and Special Districts Under the Board of Supervisors.  B-07-534

13.              aud - Set Time and Date of June 12, 2007 at 9:00 a.m. for a Public Hearing for Establishment of Proposition 4 County and Special Districts Appropriation Limits for 2007-08.  B-07-535

14.              eedd - Approval of Program Year 2007-08 Workforce Investment Act Title I Subgrant Agreement.  B-07-536 & A-07-367

15.              rov - Resolution Accepting Statement and Result of Votes Cast for the Ripon Consolidated Fire Protection District Special Tax Mail Ballot Election Held on Tuesday May 8, 2007.  R-07-251

CONSENT - MOUNTAIN HOUSE COMMUNITY SERVICES DISTRICT

16.              mhcsd - Mountain House Community Services District Budget Amendment to Fund Books, Furnishings, Equipment and Supplies to Open the New Mountain House Branch Public Library and Authorize Purchase from Stockton-San Joaquin Public Library Vendors. (4/5th's Vote Required)  B-07-537 & B-07-538

DISCUSSION - GENERAL GOVERNMENT

1.                  cao - Resolution to Award Design-Build Contract for Construction of the Proposed San Joaquin County Administration Building.  County Administrator Manuel Lopez gave a  report to the Board on this matter.  Cliff Kunkel of Turner Construction, County Counsel David Wooten and Mic Steinmann of URS/SGS addressed the Board on this matter.

The Board (1) Awarded a design-build contract for the new County Administration Building to Hensel Phelps Construction in the amount of $92,860,000, and a contingency amount of $3,500,000; (2) Authorized the County Administrator to approve and execute Contract Change Orders within the approved funding allocation for the Project; and (3) Authorized the Board to sign the Project Labor Agreement for construction of the new County Administration Building.        Ornellas/Gutierrez/3-2; Vogel and Ruhstaller-No.  R-07-252

The Board selected the “Granite” design for the lobby element.  Gutierrez/Ornellas/5

Discussion – General Government (continued)

2.         cao - Approve Project Labor Agreement for Construction of the Proposed San Joaquin County Administration Building.  County Administrator Manuel Lopez, briefed the Board on this matter.   A-07-357

COMMUNICATIONS

bos -    Received and Referred all Board Communications this date as Outlined on the Communications Distribution Listing.  Gutierrez/Vogel/5  B-07-539

PUBLIC COMMENT

ToCan Nguyen addressed the Board on various matters. 

Bernice Parker and Reverend John Harris addressed the Board regarding a personnel matter.  Chairman Mow referred this matter to County Counsel David Wooten for review and appropriate action. 

Donald Roberts requested that the Board make sure that ADA labels are posted on the elevator doors in the new Administration Building when it is built.  He also informed the Board that his issue with Regional Transit District had been resolved.  Mr. Roberts offered his assistance in serving on the Mental Health Board.  Supervisor Ruhstaller stated that there was only one appointment to the Mental Health Board, however, the Board would keep his application for future consideration.  Supervisor Ruhstaller invited Mr. Roberts to attend any of the Mental Health Board meetings.

Perfecto Munõz, a member of the Public Health Advisory Board, expressed his concerns that the Public Health Advisory was being recommended along with the other two committees to be dissolved.

Supervisor Ornellas stated that the Board may want to review all the Boards and Commissions.  Supervisor Gutierrez recalled that the Board had requested information from the Boards and Commissions contacts persons as to what they are doing to recruit applicants.  County Administrator Manuel Lopez stated that he will follow-up on this matter.

Cary Martin, representing Karl Ross Post 16 of the American Legion, extended an invitation to all Board Members to an annual event on Saturday, May 26, 2007 to raise funds for the Yountville Veterans Home by the Stars Veterans Motorcycle Group.  They will arrive at       8:00 p.m. at the Karl Ross Post for a reception and candlelight ceremony before proceeding to the Sacramento Vietnam Veterans Memorial.

Public Comment (continued) 

Leroy White, addressed the Board regarding various matters.

BOARD OF SUPERVISORS QUESTIONS AND COMMENTS

Supervisor Gutierrez referred to a letter from the Downtown Stockton Property Owners, dated May 10, 2007, addressed to Stockton Mayor Chavez, the City Manager and the Councilmembers.  Chairman Mow informed the Board that this matter was discussed at the Stockton City Council meeting and the Downtown Stockton Property Owners were present at that meeting.

In response to Supervisor Ornellas, County Counsel David Wooten clarified a question regarding a committee being mandatory, however, there was no Board participation on the respective committee.  Supervisor Ornellas stated he will be reviewing the various committees, commissions and boards. 

Supervisor Vogel made a public service comment regarding the Supervisors’ Discretionary Funds.  County Administrator said that he will work with the Board in case there were any last minute requests.

Supervisor Gutierrez gave background information and stated the reasons for the review of Board of Supervisors’ appointments to committees, commissions and boards that came before the Board on December 10, 1996.

Chairman Mow stated that it is always a good idea to review and revise the various committees and ask questions.

Supervisor Ruhstaller felt that if a committee is in existence, it should have an issue or a series of issues that it is working on.  Then, that information should be flowing upwards to the Board of Supervisors.  Supervisor Ruhstaller also believed that the Board needs to review all of the committees.

Chairman Mow stated that the Board needs to consider the fact that the individuals that sit on the various committees feel they have an important role.

 

 

CLOSED SESSION

CONFERENCE WITH LABOR NEGOTIATOR

            California Government Code Section 54957.6

            Agency Negotiator:  Manuel Lopez; Wayne Heine; John Bertke; Scott Kenly; Geoffrey Rothman, Charles Sakai

 

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, San Joaquin County Attorneys Association, San Joaquin County Probation Officers Association, Union of American Physicians and Dentists, and Unrepresented

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

California Government Code Section 54956.8

Property: 19358 N. Jack Tone Rd., Lockeford, CA  95237 APN 019-06-002    Negotiating Parties: Denis and Cynthia Federigi, 19358 N. Jack Tone Rd.,       Lockeford, CA  95237; County of San Joaquin, Craig Y. Ogata, Director of        Facilities Management

Property: 19258 N. Jack Tone Rd., Lockeford, CA  95237 APN 019-06-003    Negotiating Parties: Don and Norma Federigi, 3379 Shearer Avenue,                   Cayucos, CA  93430; County of San Joaquin, Craig Y. Ogata, Director of          Facilities Management

Under Negotiation: Price and terms of payment

SCHEDULED AFTERNOON ITEMS

1.         1:00 p.m. - pw - Public Hearing to Consider Increased Assessments and Service Charges for Fiscal Year 2007-08 within Designated County Service Areas and Maintenance Districts Administered by the Department of Public Works.   Public Works Director Tom Flinn, Roger Janes, Public Works Business Administrator and Steve Winkler, Deputy Director of Operations, briefed the Board and responded to questions from the Board on this matter.  Rhonda Fideldy of Colonial Heights and Ms. Schmid of Lincoln Village  addressed the Board protesting any increase in assessments and service charges.  The Board directed Public Works in the next year to do better outreach to the residents of these areas and inform them of their system and the costs involved.  Approved Staff Recommendation.  Ornellas/Mow/5  B-07-541

Scheduled Afternoon Items (continued)

2.         1:30 p.m. - cdd - Public Hearing Regarding the Appeal by Manteca Unified School District of the Planning Commission's Approval of Site Approval No. PA-0500371 of William Long. (c/o Apollo Energy) (1st District) (Contd. from April 10, 2007) Community Development Department Director Kerry Sullivan briefed the Board on this matter. She reported that Attorney Mike Hakeem has been working, representing Apollo Energy, with Manteca Unified and the residents of Weston Ranch subdivision who were the opponents of the project.  Mr. Hakeem reached an agreement with both parties.  Based upon the agreement, Manteca Unified, the appellant, agreed to withdraw their appeal based upon Board approval of the additional conditions provided to the Board by Mr. Hakeem.  Assistant County Counsel Myles Attorney clarified the withdrawal of the  appeal and pointed out the one change in paragraph 2 in the Additional Conditions of Approval provided to the Board.  Attorney Mike Hakeem addressed the Board on this matter.  Approved the recommendation to add the Additional Conditions of Approval.  Gutierrez/Ruhstaller/5  B-07-542 & R-07-254   

3.         1:30 p.m. - cdd - Public Hearing Regarding the Appeal by Valley Citizens (c/o Weinberg, Roger, Rosenfold) of the Planning Commission's Approval of Quarry Excavation No. PA-0600418 of Mossdale Associates, LTD (c/o Brown Sand, Inc.).  (5th District)  Continued to July 10, 2007 at 1:30 p.m.  Gutierrez/Ornellas/5

4.         1:30 p.m. - cdd - Public Hearing Regarding the Appeal by Mokelumne School of the Planning Commission's Approval of Use Permit No. PA-0500531 of Michael and Lisa Douglas (c/o Jerry Greenmeyer). (4th District)  Community Development Department  Deputy Director Chandler Martin briefed the Board on this matter.  Mike Smith, Engineer for the Project, Mike Huggins from Environmental Health, Ron Leachman whose family owns the 12 houses adjacent to the proposed treatment area, and Ervin Rifenburg, Civil Engineer Representing Mokelumne River School, addressed the Board on this matter.  The Board continued this matter indefinitely.  It will be up to the  applicant to gather the additional information, notify the Community Development Department and work closely with Environmental Health.  Gutierrez/Ruhstaller/5

5.         1:30 p.m. - cdd - Public Hearing Regarding the Appeal by Roger Towers of the Planning Commission's Denial of Development Title Text Amendment No. PA-0600664 of Roger Towers. (All Supervisorial Districts)  Continued to June 12, 2007 at 1:30 p.m.  Gutierrez/Ornellas/5

6.         1:30 p.m. - cdd - Public Hearing Regarding Revisions of Approved Actions Application No. UP-99-14 of the Home Church.  (4th District)  Community Development Department Director Kerry Sullivan gave the staff report on this matter.   Attorney Mike Hakeem, representing Home Church, addressed the Board on this matter.  Approved Staff Recommendation. Vogel/Gutierrez/5  B-07-540 & R-07-253

 

Chairman Mow adjourned the meeting to Tuesday, May 29, 2007 at 9:00 a.m.

 

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).