Board of Supervisors San Joaquin County MINUTE SUMMARY SAN JOAQUIN COUNTY BOARD OF SUPERVISORS MINUTES TUESDAY, APRIL 11, 2006

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1 MANUEL LOPEZ County Administrator TERRENCE R. DERMODY County Counsel LOIS M. SAHYOUN Clerk of the Board 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 SAN JOAQUIN COUNTY BOARD OF SUPERVISORS MINUTES TUESDAY, APRIL 11, 2006 PRESENT: SUPERVISORS ORNELLAS, MOW, SIEGLOCK, GUTIERREZ, MARENCO Minutes of the Board of Supervisors' Meetings of March 21 & 28, Approved. Gutierrez/Mow/5 B DISCUSSION - GENERAL GOVERNMENT 1. oes - Resolution Proclaiming Existence of a Local Emergency and Requesting Governor to Proclaim (1) a State of Emergency; and (2) Request a Presidential Declaration. Director of Emergency Operations Ron Baldwin gave an update report to the Board. Approved. Sieglock/Gutierrez/5 R SCHEDULED MORNING ITEMS 9:00 a.m. - pw - Public Hearing on Establish a Survey Monument Preservation Fund, Including a User Fee of $10 for Certain Recorded Deeds. Public Works Director and Deputy Director Tom Gau addressed the Board on this matter. Approved Staff file:///c /Documents%20and%20Settings/jmoua/Desktop/Minutes/2006/04_11_2006MIN.htm (1 of 9) [1/22/2009 2:05:37 PM]

2 Recommendation. Sieglock/Mow/5 R APPOINTMENTS TO BOARDS AND COMMISSIONS 9:00 a.m. - bos - Appointments to Boards & Commissions: A) Assessment Appeals Board - 1 Position. (Continued from 3/14/06) Clerk of the Board to Readvertise. B) Camanche Regional Park Advisory Board - 1 Position. (Continued from 3/14/06) Clerk of the Board to Readvertise. C) Children's Services Coordinating Commission - 2 Positions. (Continued from 2/28/06) Appointed Lori Machado. Sieglock/Gutierrez/5 B D) Emergency Medical Care Committee - 3 Positions. (Continued from 2/28/06) Appointed Kelly Stump. Sieglock/Gutierrez/5 B E) French Camp Municipal Advisory Council - 2 Positions. Appointed Connie Moll & Carol Eheler. Sieglock/Gutierrez/5 B (Continued from 2/28/06) F) Harmony Grove Church Advisory Committee - 1 Position. Appointed Lorraine (Lee) Raynor. Sieglock/Gutierrez/5 B G) In-Home Supportive Services Advisory Committee - 1 Position. (Continued from 2/28/06) Clerk of the Board to Readvertise. H) Larch Clover Community Center Advisory Board - 1 Position. (Continued from 3/7/06) Clerk of the Board to Readvertise. I) Local Child Care Planning Council - 1 Position. (Continued from 3/7/06) Clerk of the Board to Readvertise. J) Revolving Loan Fund Board of Directors - 3 Positions. Reappointed Robert Sivell. Sieglock/Gutierrez/5 B K) Workforce Investment Board - 2 Positions. (Continued from 3/14/06) Clerk of the Board to Readvertise. PRESENTATIONS 9:00 a.m. - bos - Proclamation Proclaiming the Month of April 2006 as "Child Abuse file:///c /Documents%20and%20Settings/jmoua/Desktop/Minutes/2006/04_11_2006MIN.htm (2 of 9) [1/22/2009 2:05:37 PM]

3 Prevention Month" in San Joaquin County. Chairman Marenco presented the proclamation to Dave Erb, Deputy Director of Children & Adult Services, Human Services Agency. Mr. Erb addressed the Board. Presentations (continued) 9:00 a.m. - bos - Proclamation Proclaiming the Month of April 2006 as "Sexual Assault Awareness Month" in San Joaquin County. Chairman Marenco presented the proclamation to Jeannete Artiago of the Women s Center of San Joaquin County. CONSENT ITEMS Consent Items: #2, 5, 6 and 19 Pulled for discussion. Consent Item: #2 Health Care Services Director Ken Cohen gave background information on this item in response to Supervisor Mow. Consent Item: #5 Supervisor Ornellas stated that he supported this item. However, he had some concerns and referred to an article that appeared in the April 8 th edition of the Record regarding remarks made by the local president of the League of United Latin American Citizens (LULAC). Supervisor Gutierrez responded to concerns expressed by Supervisors Ornellas and Sieglock. He stated that 1,200 students are participating in the LULAC 2006 Youth Leadership Conference that will be held at Delta College. Supervisor Gutierrez extended an invitation to Board Members to attend the event. In response to Supervisor Mow, Human Services Agency Director Joe Chelli said that the Human Services Agency had received a extensive letter from LULAC. He added that the Human Services Agency does not support events without coming to the Board for approval. Supervisor Mow felt that the County needs to visit the issue of assisting other groups as well. Supervisor Gutierrez stated that he thought the County should give $250 for an event and that it did not necessarily have to be cash, but an in-kind contribution. Consent Item: #6 Public Health Director Bill Mitchell and Health Care Services Director Ken Cohen responded to questions from Supervisor Gutierrez regarding his concerns about outreach, particularly to farm workers in the rural areas. Consent Item: #19 County Administrator Manuel Lopez and Agricultural Commissioner Scott Hudson responded to questions from Supervisors Gutierrez and Mow regarding the Increased Device Registration Fees. Mr. Hudson said that it is a registration fee, not an impact fee. ToCan Nguyen addressed the Board on Consent Items. file:///c /Documents%20and%20Settings/jmoua/Desktop/Minutes/2006/04_11_2006MIN.htm (3 of 9) [1/22/2009 2:05:37 PM]

4 Consent Item: #17 Supervisor Sieglock requested Assistant Sheriff Steve Moore to come to the podium to explain how the additional monies will be spent with regard to the Boating Safety Grant Renewal. Consent Items (continued) Consent Items #1-25 Approved. Mow/Sieglock/5 CONSENT - HEALTH & HUMAN SERVICES 1. hcs - Approval of Physician Employment Agreements for the Department of Obstetrics & Gynecology and the Department of Pediatrics. A & A hcs - Approval of Contract with Pyramid Healthcare Solutions, Inc. for Provision of Health Information Management and Other Professional Services. A hsa - Authorization to Submit a Retired and Senior Volunteer Program Grant Application for Fiscal Year B hsa - Approval of Fiscal Year Contract for Senior Community Services Employment Program. B & A hsa - Authorization to Sponsor the League of United Latin American Citizens 2006 Youth Leadership Conference. B phs - Authorization for Sale of Mobile Clinic to Golden Valley Health Centers. B CONSENT - PUBLIC WORKS 7. pw - Approval of Cooperative Agreement with Manteca Unified School District for Construction of Frontage Improvements in Conjuction with the French Camp Streets Resurfacing Project. (lst District) A pw - Approval and Adoption of Plans and Specifications for the Turner Road Resurfacing and Setting a Bid Opening Date of May 4, 2006 at 1:30 p.m. (4th District) R pw - Acceptance of the West Country Club Reconstruction (Phase 2) Contract and Execution of a Notice of Completion. (3rd District). R pw - Approval and Adoption of Plans and Specifications for the Linden (Old Town) Farmington, Fraser Ranchettes and Rancho Village Resurfacing and Setting a Bid Opening Date of May 4, 2006 at 1:30 p.m. R file:///c /Documents%20and%20Settings/jmoua/Desktop/Minutes/2006/04_11_2006MIN.htm (4 of 9) [1/22/2009 2:05:37 PM]

5 11. pw - Establishment of Zone "C" (Stonegate Estates) within County Service Area #55 Including a Proposed Assessment for Street Lighting and Storm Drainage and the Transfer of Stonegate Estates Property to County Service Area #55, Zone "C". (4th District) R Consent Public Works (continued) 12. pw - Waiver of Bidding Procedures for Urgent Well Repairs in County Service Area #16 - PAR Country Estates. (5th District) (4/5ths Vote Required). B pw - Agreement for Consulting Engineering Services for the Woodward Island Bridge and Ferry Ramps Replacement Project - Phase One Bridge Type Selection Approval (3rd District). B & A pw - Acceptance of Certain Subdivision Improvements and Revised Security; Acceptance of Offers of Dedication, Declaring Certain Roadways to be Public Highways and Declaring Certain Portions of Public Highways to be Through Highways; and Approving Release of Certain Securities Related to Tract #3422, Carbona Station Unit #2. (5th District) B & R & R pw - Acceptance of Certain Subdivision Improvements and Revised Security; Acceptance of Offers of Dedication, Declaring Certain Roadways to be Public Highways, and Declaring Certain Portions of Public Highways to be Through Highways; and Approving Release of Certain Securities Related to Tract #3440, Carbona Station Unit #3. (5th District) B R & R CONSENT - LAW & JUSTICE 16. cob - Approve Announcement of 1 Position on the Juvenile Justice Delinquency Prevention Commission. B s/o - Authorization to Submit Boating Safety Grant Renewal for Fiscal Year B & A s/o - Agreement with Wat Dhammararam Buddist Temple Association for Law Enforcement Services for the Cambodian New Year Festival. A CONSENT - GENERAL GOVERNMENT 19. ag/comm - Increase Appropriations and Revenue for Weights and Measures Budget # to Reflect Unanticipated Revenue from Increased Device Registration Fees. (4/5ths Vote Required) B ag/comm - Approval of Amendment to the Agreement with California Department of Food and Agriculture for Pest Exclusion County Work Activities. B & A file:///c /Documents%20and%20Settings/jmoua/Desktop/Minutes/2006/04_11_2006MIN.htm (5 of 9) [1/22/2009 2:05:37 PM]

6 21. cc - Settlement of Legal Action Entitled Carl Schmid vs. County of San Joaquin, et al., United States District Court, Eastern District, Case #CIV.S GEB PAN. B Consent General Government (continued) 22. cc - Settlement of Legal Action Entitled Perla Gonzalez, a minor, by and through her Guardian Ad Litem etc. vs. San Joaquin General Hospital et al., Superior Court Case No. CV B cob - Approve Announcement of 1 Position on the Boggs Tract Rural Fire District. B h/r - Assign One Allocation of Substance Abuse Counselor II and Delete One Allocation of Substance Abuse Senior Counselor in Behavioral Health Services - Substance Abuse Services. R labor/rel - Adopt the Memorandum of Understanding for the Peace Officers Miscellaneous Bargaining Unit. B & A DISCUSSION - HEALTH & HUMAN SERVICES 1. env/health - Report on Response Procedures for Occupied Recreational Vehicle Complaints. Director of Environmental Health Donna Heran, Laurie Cotulla, Program Manager, of Environmental Health Department, Assistant County Counsel David Wooten, Alan Biedermann, Lead Senior REHS, of Environmental Health Department, Captain John Picone, Bill Hughes, Revitalization & Abatement Program Coordinator, of Sheriff s Office, County Administrator Manuel Lopez, and ToCan Nguyen addressed the Board on this matter. Approved. The Board also requested that staff report back to the Board in six months to see how the program is working. Sieglock/Gutierrez/4; Mow-No B COMMUNICATIONS bos - Received and Referred all Board Communications this date as Outlined on the Communications Distribution Listing. Approved. Sieglock/Gutierrez/5 B PUBLIC COMMENT Stephanie Batey of SEIU and ToCan Nguyen addressed the Board. BOARD OF SUPERVISORS QUESTIONS AND COMMENTS In regard to Discussion Health & Human Services #1, Supervisor Sieglock stated that he understood file:///c /Documents%20and%20Settings/jmoua/Desktop/Minutes/2006/04_11_2006MIN.htm (6 of 9) [1/22/2009 2:05:37 PM]

7 the logic of Supervisor Mow in terms of code enforcement. Supervisor Sieglock brought up the matter of a letter received by Weldon Burson of S.T.A.R.S. requesting the use of Micke Grove. He felt that the County should grant their request as their organization volunteers many hours to the Sheriff s Department. County Administrator Manuel Lopez said that he would bring this matter back to the Board for action. Supervisor Ornellas brought up several matters. He would like to send out a notice, approximately 410 pieces, to residents informing them of the services and activities at the Larch Clover Community Center. Assistant County Counsel David Wooten said that he would look into this matter. In response to Supervisor Ornellas, County Administrator Manuel Lopez stated that the Board had adopted a number of policies with respect to Mountain House and if there are any changes to those policies, they need to be made by the entire Board. Supervisor Ornellas stated that the economy has changed from when Mountain House was planned 15 years ago. He asked if we need to take a look at this aspect. Supervisor Ornellas requested information on how much monies have been collected in the Affordable Housing Fund and if any of these funds have been spent. County Administrator Manuel Lopez said that he would provide the Board a memorandum with this information. Supervisor Ornellas brought to the attention of the Board a recent article in the Modesto Bee regarding the Modesto Airport picking up air service to Los Angeles. Sacramento has also added flights to Hawaii. He requested a report as to what we have received for our investment from Campbell Hill, are there any prospects, how did Modesto obtain this service, and did we have the same opportunity. The last matter Supervisor Ornellas brought up was that about a year ago UPS had bought out Emory. At that time there was concern that the cargo plane would move to Mather in Sacramento. However, at that time the Airport Director felt that this would not occur due to the noise restrictions at Mather. Supervisor Ornellas recently heard that the cargo plane was going to leave Stockton in June. He wanted to know if this was true, if there were any efforts to retain this plane in Stockton, and if there would be any economic impact. Supervisor Mow brought up the matter of the Micke Grove Zoo accreditation. County Administrator Manuel Lopez stated that staff will bring back information to the Board. Supervisor Gutierrez expressed his concerns regarding Mountain House and would like to receive information as requested by Supervisor Ornellas. He also stated that he would like to see a waiver of fees or a cost reduction of county facilities for organizations/events. Supervisor Supervisor Gutierrez concurred with Supervisor Mow s comments on the Micke Grove Zoo accreditation. Supervisor Sieglock reported on the One Voice trip to Washington, D.C. and on the Micke Grove Zoo accreditation. file:///c /Documents%20and%20Settings/jmoua/Desktop/Minutes/2006/04_11_2006MIN.htm (7 of 9) [1/22/2009 2:05:37 PM]

8 CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR California Government Code Section Agency Negotiator: Manuel Lopez; Don Turko; Wayne Heine; John Bertke; Scott Kenly; Bruce Heid. 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 (a) MINERVA MARTINEZ vs. RUBEN MARTINEZ vs. RON FLOCKHART & SAN JOAQUIN COUNTY; San Joaquin County Superior Court Case #SV LEO SERRANO vs. SAN JOAQUIN COUNTY; San Joaquin County Superior Court Case No. CV CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to California Government Code Section (b): 2 cases The Board returned from Closed Session and Assistant County Counsel David Wooten announced that the Board had authorized the initiation of litigation against the cities of Stockton, Lodi, Manteca, and file:///c /Documents%20and%20Settings/jmoua/Desktop/Minutes/2006/04_11_2006MIN.htm (8 of 9) [1/22/2009 2:05:37 PM]

9 Tracy regarding their failure to cooperate with the switch-over of medical dispatch services to AMR. The Board s vote was unanimous. SCHEDULED AFTERNOON ITEMS 1:30 p.m. - cdd - Public Hearing Regarding Zone Application #PA of James and Elvera Solari, (c/o Bennett Development Inc.) (2nd District) Attorney Mike Hakeem addressed the Board on this matter. Continued to April 25, 2006 at 1:30 p.m. with the Hearing Open. Sieglock/Gutierrez/5 B ADJOURNED TO TUESDAY, APRIL 18, 2006 AT 9:00 A.M. Sieglock/Gutierrez/5 B 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) at least 48 hours prior to the start of the meeting. Government Code Section (a). file:///c /Documents%20and%20Settings/jmoua/Desktop/Minutes/2006/04_11_2006MIN.htm (9 of 9) [1/22/2009 2:05:37 PM]