Board of Supervisors San Joaquin County MINUTE SUMMARY	KEN VOGEL Chairman Fourth District LEROY ORNELLAS Vice Chairman Fifth District STEVEN GUTIERREZ First District LARRY RUHSTALLER Second District VICTOR MOW Third District
MANUEL LOPEZ County Administrator DAVID WOOTEN County Counsel LOIS M. SAHYOUN Clerk of the Board

SAN JOAQUIN COUNTY

BOARD OF SUPERVISORS

MINUTES

TUESDAY, JULY 8, 2008

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

Minutes of the Board of Supervisors' Meeting of June 24, 2008. Approved. Mow/Gutierrez/5 B-08-702

SCHEDULED MORNING ITEMS

APPOINTMENTS TO BOARDS AND COMMISSIONS

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

A) Equal Employment Opportunity Advisory Committee - 1 Position. Clerk of the Board to Readvertise Position.

B) French Camp Municipal Advisory Council - 2 Positions. Clerk of the Board to Readvertise Positions.

C) In-Home Supportive Services Advisory Committee - 1 Position. Clerk of the Board to Readvertise Position.

Appointments to Boards and Commissions (continued)

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

E) Retirement Board - 2 Positions. Reappointed Ray McCray and Michael Restuccia. Ornellas/Gutierrez/5 B-08-703

F) Workforce Investment Board - 4 Positions. Clerk of the Board to Readvertise Position.

PRESENTATIONS

9:00 a.m. - bos - Proclamation Proclaiming the Week of July 7-13, 2008 as "Healthy Air Living Week" in San Joaquin County. Supervisor Ornellas presented the proclamation to Rick McVaigh, Deputy Director/Air Pollution Control Officer, San Joaquin Valley Air Pollution Control District. Mr. McVaigh addressed the Board.

Consent Item: #1, 19, 23 - Pulled for discussion.

Consent Item: #1- Behavioral Health Director Vic Singh explained this item to the Board. Sharon Simas of Service First and David Love, Valley Community Counseling Services in Lodi, addressed the Board on this matter.

Consent Item: #19 - In response to Supervisor Mow, Deputy Community Development Director Jon Moore clarified this item.

Consent Item: #23 – Chairman Vogel stated that this item was an acceptance of a distribution from the Estate of Henry Hansen who resided in Lodi and was the owner of the Richmaid Restaurant for many years. He left $150,000 from his estate for the Micke Grove Zoo.

ToCan Nguyen addressed the Board regarding Consent Items.

Consent Items: #2 - 26 Approved. Mow/Gutierrez/5

Consent Item: #1 - Supervisor Mow made a motion to proceed with authorization of Service First as a provider based on the findings and objectives, and other information received during the meeting that supports an objective analysis that there is a need for the program, and it will not have an adverse fiscal impact on existing programs. Data to be provided in writing by Service First. Mow/Ornellas/5

CONSENT - HEALTH & HUMAN SERVICES

1. bhs - Accept the Driving Under the Influence Program Needs Assessment. B-08-704

2. hcs - Approval of Employment Contracts for Health Care Professional Pharmacy Residents. A-08-480 and A-08-481

3. hcs - Approval of Applications for Reappointment to San Joaquin General Hospital Allied Health Professional Staff. B-08-705

4. hcs - Approval of Application for Appointment to San Joaquin General Hospital Allied Health Professional Staff. B-08-706

5. phs - Approval of Contract for the Childhood Lead Poisoning Prevention Program. B-08-707 and A-08-482 and A-08-483

CONSENT - PUBLIC WORKS

6. pw - Approval of Temporary Closure of Benjamin Holt Drive, Between Gettysburg Place and Pacific Avenue, for a Special Event. (2nd District) R-08-403

7. pw - Acceptance of the Duncan Road Resurfacing Contract and Execution of a Notice of Completion. (4th District) R-08-404

8. pw - Acceptance of the Beyer Lane Resurfacing Contract and Execution of a Notice of Completion. (2nd District) R-08-405

9. pw - Approval and Adoption of Plans and Specifications for the Byron Road Resurfacing and Setting a Bid Opening Date of August 7, 2008 at 1:30 p.m. (5th District) R-08-406

10. pw - Report of Delinquent Mandatory Residential Refuse Collection Charges for Service Year 2007-2008. R-08-407

11. pw - Acceptance of the Tokay Colony and Forest Lake Road Resurfacing Contract and Execution of a Notice of Completion. (4th District) R-08-408

CONSENT - LAW & JUSTICE

12. cao - Set Date of August 12, 2008 at 9:00 a.m. to Consider Submission of a Joint Application with the City of Stockton for Justice Assistance Grant Program Funding. B-08-708

13. s/o - Agreement with Lincoln Center Property Management for Law Enforcement Services for the Lincoln Center Live Event Series. A-08-484

Consent – Law & Justice (continued)

14. s/o - Agreement with Wat Dhammararam Buddhist Temple Association for Law Enforcement Services for the Five Reincarnations of the Buddha Festival. A-08-485

15. s/o - Time and Materials Vehicle Purchase for S.T.A.R.S. Program. B-08-709

16. s/o - Acceptance of Homeland Security Funds for Telephone Emergency Notification System (4/5ths Vote Required) B-08-710 and B-08-711

CONSENT - GENERAL GOVERNMENT

17. cob - Approve Announcement of 1 Position on the Northeast Community Center Advisory Board. B-08-712

18. cdd/neigh/pres - Reallocation of Community Development Block Grant Funding and Home Investment Partnerships Funding and the Resulting Amendment #7 to the 2005-2010 Consolidated Plan. B-08-713

19. cdd/neigh/pres - Renewal of the Urban County Cooperation Agreements Between San Joaquin County and the Cities of Escalon, Lathrop, Manteca, Ripon, and Tracy for the Period 2009-2011. B-08-714

20. cdd - Resolution Authorizing the Chairman of the Board of Supervisors to Execute a Rescission of California Land Conservation Contract to Facilitate a Lot Line Adjustment and the Execution of a New California Land Conservation Contract of Number PA-0800051, Woltjer. (4th District) R-08-409 and A-08-486

21. cdd - Resolution Authorizing the Chairman of the Board of Supervisors to Execute California Land Conservation Contract (Williamson Act Contract) Application No. PA-0800148 of Donald and Judy Podesta. (5th District) R-08-410 and A-08-487

22. fac/mgmt - Approve Plans and Specifications for San Joaquin Sheriff's Honor Farm Sprayed Polyurethane Foam Roofing Project and Authorize the Director of Purchasing and Support Services to Execute Construction Contract with Foam Experts Roofing, Inc. B-08-715

23. fac/mgmt - Acceptance of Distribution from the Estate of Henry Hansen. B-08-716

24. h/r - Approve the Amendment to the Exempt Class of Assistant Agricultural Commissioner/Sealer in the Agricultural Commissioner's Office. B-08-717

25. h/r - Implement Classification Project #07-019 in the Public Health Services. R-08-411

CONSENT - MOUNTAIN HOUSE COMMUNITY SERVICES DISTRICT

26. mhcsd - Adopt an Ordinance of the Mountain House Community Services District Amending Wastewater Control and Pretreatment Regulations. (Said Ordinance Introduced & Waived on June 24, 2008). Ord #4360

DISCUSSION - GENERAL GOVERNMENT

1. cdd - Public Hearing Regarding Execution of Certification of Williamson Act Contract Cancellation for 73-C1-65 (PA-0700572) of Cortopassi Farms, Inc. (4th District) Community Development Director Kerry Sullivan gave the Staff Report. Attorney Mike Hakeem also addressed the Board on this matter. Approved Staff Recommendation. Gutierrez/Mow/5 R-08-412

COMMUNICATIONS

bos - Received and Referred all Board Communications this date as Outlined on the Communications Distribution Listing. Approved. Gutierrez/Mow/5 B-08-718

PUBLIC COMMENT

Carey Martin informed the Board that he recently attended opening ceremonies of the new veterans treatment center in Modesto. He also commented on the number of casualties in Iraq, and the need for a veterans facility in French Camp.

ToCan Nuyen addressed the Board on various matters.

Bishop Lewis Stallworth addressed the Board regarding Proposition 22 and the California State Supreme Court’s recent decision that Proposition 22 violated the State’s constitutional rights of same sex couples. He requested that the County not issue marriage certificates to same sex couples until after the November election. Mr. Ken Owen, of Christian Community Concerns from Lodi that represents churches throughout San Joaquin County, also addressed the Board regarding this matter.

BOARD OF SUPERVISORS QUESTIONS AND COMMENTS

There were no Board Questions or Comments.

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

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

California Government Code Section 54956.9(a

County of San Joaquin vs. City of Stockton, et al

Stanislaus County Superior Court Case No. 379455

NO SCHEDULED AFTERNOON ITEMS

ADJOURNED TO TUESDAY, JULY 15, 2008 AT 9:00 A.M.

Gutierrez/Ornellas/5 B-08-719