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, November 27, 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) Assessment Appeals Board - 2 Positions. Reappointed Russell Fields. Ornellas/Gutierrez/5 B-07-1161 Clerk of the Board to Readvertise Remaining Position.

B) In-Home Supportive Services - 3 Positions. Clerk of the Board to Readvertise.

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

APPROVE CONSENT ITEMS # 1-18

Consent Item: #5 – In response to Supervisor Vogel, Boating Safety Supervisor Sam Malcom of the Sheriff’s Department explained that this specialized training was only offered in South Carolina. He also informed the Board how large the unit is, their duties, and stated that there has been a significant increase in the usage of the Delta.

Consent Item: #2 – Supervisor Gutierrez commended Behavioral Health Services for the Friday Night Live Stipends for Schools Program. He noted that Lodi High School and the Stockton Unified School District is not participating. He asked if there was anything the county could do to get the schools more involved. Vic Singh, Behavioral Health Services Director, stated that they would like to re-examine their contacts with the school districts to see whether they can obtain school staff to sponsor this program. Supervisor Gutierrez volunteered his services to work with Stockton Unified. Mr. Singh stated that his department will follow up with the schools and also determine how Board Members could assist. Chairman Mow added that he was troubled that Stockton Unified did not participate in this important program, given the size and the number of students in their district.

ToCan Nguyen addressed the Board on Consent Items.

Consent Item: #7 – In response to Chairman Mow, County Administrator Manuel Lopez explained the proposed compensation and tasks for members of the recommended Five-Member Art Committee.

Consent Items: #1–18. Approved. Ornellas/Vogel/5

9:15 a.m. - cdd - Public Hearing Regarding Adoption of the Ordinances Regarding the 2007 California Building Code, 2007 California Plumbing Code, 2007 California Mechanical Code, 2007 California Electrical Code, and the 2007 California Fire Code. (Said Ordinance Introduced and Waived on November 6, 2007) Fire Warden Steve Dalton gave a staff report. Chief Jim Monte, Manteca/Lathrop Fire Department, and ToCan Nguyen addressed the Board on this matter. Approved. Gutierrez/Ornellas/5 B-07-1171, Ordinance #4339, Ordinance #4340, Ordinance #4341, Ordinance #4342 & Ordinance #4343

CONSENT - HEALTH & HUMAN SERVICES

1. bhs - Approval of Agreement with Human Services Projects, Inc. for Community Behavioral Intervention Services. A-07-916

2. bhs - Approval to Issue Friday Night Live Stipends for Schools Throughout San Joaquin County. B-07-1162

3. bhs - Approval of Substance Abuse and Crime Prevention Plan and Offender Treatment Program Application for 2007-08. B-07-1163 and R-07-669

4. bhs - Approval of 2007-08 Behavioral Health Contract Programs. A-07-917, A-07-918 and A-07-919

CONSENT - LAW & JUSTICE

5. s/o - Sponsored Out-of-State Travel to Attend Marine Patrol Officer Course in Charleston, South Carolina. B-07-1164

CONSENT - GENERAL GOVERNMENT

6. air - Out-of-State Travel to Attend American Association of Airport Executives Aviation Security for Law Enforcement Officers Training in Miami, Florida. B-07-1165 and B-07-1166

7. cao - Establish a Five-Member Art Committee and Appoint the Committee Members for the San Joaquin County Administration Building. B-07-1167

8. cc - Settlement of Legal Action Entitled Joel Johnson v. San Joaquin County; San Joaquin County Superior Court Case No. CV027091. B-07-1168

9. cdd - Resolution Authorizing the Chairman of the Board of Supervisors to Execute California Land Conservation Contracts (Williamson Act Contract) Application Numbers Polk, PA-0700477; Lopes, PA-0700453; Saldivar etal, PA-0700436; Seibly Trust, PA-0700480. (4th and 5th Districts) R-07-670, A-07-919, A-07-920, A-07-921 and A-07-922

10. 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 2006 Supportive Housing Grants. B-07-1169, A-07-923 and A-07-924

11. fac/mgmt - Acceptance of the Mary Graham Shelter Demolition Contract and Execution of Notice of Completion. R-07-671

12. hr - Adoption of an Ordinance to Amend Section 2-5208 Salary Upon Appointment. (Said Ordinance Introduced and Waived on November 20, 2007) Ordinance #4338

Consent – General Government (continued)

13. hr - Implement Classification Project #06-060 By Reclassifying One Position of Energy Program Coordinator to HSA Program Coordinator and Deleting, Recalling, and Abolishing the Class of Energy Program Coordinator in the Human Services Agency - Aging & Community Services. R-07-672

14. isd - Authorize Application for Fiscal Year 2007 Public Safety Interoperable Communications Grant Program Funds. R-07-673

15. rov - Resolution Accepting the Election Results for Reclamation District No. 1608. R-07-674

16. rov - Consolidation of the Stockton Unified School District Bond Election With the Presidential Primary Election. R-07-675

CONSENT - MOUNTAIN HOUSE COMMUNITY SERVICES DISTRICT

17. mhcsd - Introduce and Waive Reading of an Ordinance of the Mountain House Community Services District Relating to State Franchises to Provide Video Services. (Said Ordinance to be Adopted on December 4, 2007) B-07-1170

18. mhcsd - Consolidation of Election of Members of Mountain House Board of Directors with the Statewide General Election Held on Even Number Years. R-07-676

COMMUNICATIONS

There were no communications.

PUBLIC COMMENT

ToCan Nguyen addressed the Board on various matters.

BOARD OF SUPERVISORS QUESTIONS AND COMMENTS

Supervisor Ruhstaller reported that he had received a letter from the Chancellor of U.C. Merced thanking him for visiting the campus. He also received a letter from the Cultural Heritage Board regarding historical information plaques for the new Administration Building, and their interest in nominating the site of the Revenue and Recovery Office for historical recognition as this site was the Stockton Emergency Hospital in past years. Supervisor Ruhstaller referred the letter to the County Administrator.

Board of Supervisors Questions and Comments (continued)

Supervisor Gutierrez stated that Supervisor Ruhstaller informed him of a meeting he had with the Purchasing Department regarding “green” purchasing. He emphasized that he too would support “green” purchasing and would advocate a policy adopted by the Board to go “green”. If the Board were to adopt a policy, he would be in favor of recognizing those departments that followed the policy. Supervisor Gutierrez stated that San Joaquin County should take the lead and encourage the cities to do the same.

Supervisor Gutierrez said that he and Supervisor Vogel have been talking with the Hunger Task Force Committee regarding a walk-in freezer for the North County. The Salvation Army has a location and could operate it. He wanted the Board to be aware of this matter should it come before the Board for discussion and approval.

Lastly, Supervisor Gutierrez brought up the matter of staffing for the Board of Supervisors given that the County is growing. He requested that the Clerk of the Board, through the California Clerk of the Board of Supervisors Association, obtain information from other counties.

Chairman Mow referred to an email received from the Health Care Services Director regarding the impact on public hospitals. He requested the County Administrator have Ken Cohen give the Board an update report, including U.C. Merced partnering with the hospital.

CLOSED SESSION

CONFERENCE WITH LABOR NEGOTIATOR

California Government Code Section 54957.6

Agency Negotiator: Manuel Lopez; John Bertke; Geoff Rothman

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, San Joaquin County District Attorneys Association, San Joaquin County Probation Officers Association and Unrepresented

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

California Government Code Section 54956.9(a)

Kifa Muhammad v. SJC Jail, et al.

United States District Court No. CIV.S 02 0006 LKK PAN P

SCHEDULED AFTERNOON ITEMS

Chairman Mow announced that Supervisor Vogel would not be in attendance as he had to attend a conference.

1. 1:30 p.m. - cdd - Public Hearing Regarding Williamson Act Cancellation No. PA-0600500 of Per MC, L.L.C. etal. (5th District) Community Development Director Kerry Sullivan gave the staff report. Approved Staff Recommendation. Gutierrez/Ruhstaller/4; Vogel-Absent B-07-1172 and R-07-677

2. 1:30 p.m. - cdd - Public Hearing Regarding the Appeal by Towers Real Estate Services (c/o Roger Towers) of the Planning Commission's Approval of Quarry Excavation Application No. PA-0500847 and Environmental Impact Report No. PA-0600028 of Triangle Properties Inc. (c/o Teichert Aggregates Inc.). (5th District) (Continued from October 23, 2007) Community Development Deputy Director Chandler Martin gave the staff report. Continued to December 11, 2007. Ornellas/Gutierrez/4; Vogel-Absent B-07-1174

3. 1:30 p.m. - cdd - Public Hearing Regarding Zone Reclassification No. PA-0700407 of BS Family Partnership (c/o Olmstead Development). (5th District) Community Development Director Kerry Sullivan gave the staff report. Dave Olmstead and Danny Olmstead addressed the Board on this matter. Approved Staff Recommendation. Ornellas/Gutierrez/4; Vogel-Absent B-07-1175 and Ordinance #4344

ADJOURNED TO TUESDAY, DECEMBER 4, 2007 AT 9:00 A.M.

Ornellas/Gutierrez/4; Vogel-Absent B-07-1173

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).