Board of Supervisors San Joaquin County MINUTE SUMMARY PRESENT: SUPERVISORS VILLAPUDUA, BESTOLARIDES, VOGEL, RUHSTALLER, AND CHAIRMAN ORNELLAS

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1 MANUEL LOPEZ County Administrator DAVID WOOTEN County Counsel LOIS M. SAHYOUN Clerk of the Board Board of Supervisors San Joaquin County MINUTE SUMMARY LEROY ORNELLAS Chairman Fifth District CARLOS VILLAPUDUA Vice Chairman First District LARRY RUHSTALLER Second District STEVE J. BESTOLARIDES Third District KEN VOGEL Fourth District SAN JOAQUIN COUNTY BOARD OF SUPERVISORS MINUTES TUESDAY, FEBRUARY 24, 2009 PRESENT: SUPERVISORS VILLAPUDUA, BESTOLARIDES, VOGEL, RUHSTALLER, AND CHAIRMAN ORNELLAS Minutes of the Board of Supervisors Meeting of February 17, Approved. Vogel/Villapudua/5 B SCHEDULED MORNING ITEMS PRESENTATIONS 9:00 a.m. - bos - Recognition of Officer Adrian Quintero, Public Affairs Officer, California Highway Patrol. Supervisor Vogel presented Officer Quintero a Certificate of Recognition from the Board of Supervisors. Officer Quintero addressed the Board. APPOINTMENTS TO BOARDS AND COMMISSIONS 9:00 a.m. - bos - Appointments to Boards & Commissions: A) Advisory Water Commission - 2 Positions. Appointed Kevin Tobek and Brent Ives. Ruhstaller/Bestolarides/5 B

2 Page 2 Minutes February 24, 2009 Appointments to Boards and Commissions (continued) B) Aviation Advisory Committee - 4 Positions. Appointed Taigh Ramey, John Miller, Verlyn Wolf and Albert Garibaldi. Ruhstaller/Bestolarides/5 B C) Children's Services Coordinating Commission - 1 Position. Clerk of the Board to Readvertise Position. D) Integrated Waste Management Plan Task Force - 1 Position. Appointed Charles Gay. Ruhstaller/Bestolarides/5 B E) Juvenile Justice-Delinquency Prevention Commission - 3 Positions. Appointed Don Ruhstaller and Reappointed Amanda King and Charles Halford. Ruhstaller/Bestolarides/5 B F) Local Child Care Planning Council - 2 Positions. Appointed Rena Damele. Ruhstaller/Bestolarides/5 B G) Resource Conservation District Board of Directors - 3 Positions. Reappointed Jack Hamm, Diego Olagaray and Richard Rodriguez. Ruhstaller/Bestolarides/5 B APPROVE CONSENT ITEMS # 1-19 Consent Item: #13 Chairman Ornellas announced that this item was pulled from the agenda by Agricultural Commissioner Scott Hudson. Consent Item: #3 Dan Burch, Emergency Medical Services Administrator, responded to comments by Supervisor Bestolarides regarding the cost increase. Consent Item: #12 Board Members expressed their concerns regarding the hiring of a Deputy Airport Director at this time. County Administrator Manuel Lopez and Airport Director Sue Palmeri responded to questions from Board Members. The Board continued this matter to a later date. Consent Item: #16 In response to Supervisor Villapudua, Cynthia Clays clarified the reclassification of the Department Information Systems Specialist II to Department Information Systems Analyst II in the Department of Child Support Services. ToCan Nguyen addressed the Board on Consent Items.

3 Page 3 Minutes February 24, 2009 Approve Consent Items #1-19 (continued) Consent Items: #1-11 and #14-19 Approved. The Board continued Consent Item #12 to a later date. Bestolarides/Ruhstaller/5 CONSENT - HEALTH & HUMAN SERVICES 1. hcs - Approval of Physician Employment Agreement or the Department of Pediatrics. A hcs - Approval of Independent Contractor Agreement for Maintenance of the Diagnostic Imaging Computerized Tomography Scanner and Cardiac Catherization Laboratory Equipment with Siemens Medical Solutions USA, Inc. A hcs - Approval of Request from Manteca District Ambulance Service to Increase Rates for Emergency Ambulance Services. B hcs - Approval of Psychiatrist Employment Agreement. A phs - Approval of Plan for Child Health and Disability Prevention and California Children Services for Fiscal Year B CONSENT - PUBLIC WORKS 6. pw - Approval of a Secured Deferred Water Well Facility Agreement. (4th District) A pw - Reaffirmation of Relinquishment Agreement No for the State Highway Route 99 Widening and Hammer Lane Interchange Reconstruction Project. (3rd District) R and A pw - Award of Contract for the Waller Road and Childress Road Resurfacing. (4th District) R pw - Request for Refund of Development Impact Fees. (2nd District) B CONSENT - LAW & JUSTICE 10. s/o - Sheriff-Custody: Out-of-State Travel to Attend the National Jail Leadership Command Academy in Huntsville, Texas. B

4 Page 4 Minutes February 24, 2009 CONSENT - GENERAL GOVERNMENT 11. air - Participation in the San Joaquin Council of Governments 2009 One Voice Legislative Advocacy Trip to Washington, D.C. B and B air - Request for Exemption from the Hiring Freeze to Fill the Deputy Airport Director Position. Continued to a later date. 13. ag/comm - Approval of Out-of-State Travel to Washington, D.C. to Participate in the California Agricultural Commissioner and Sealer Association Meetings. Removed from the agenda. 14. fac/mgmt - Acceptance of the Sheriff Department Coleman Range Memorial Acoustical Treatment Project and Execution of a Notice of Completion. R fac/mgmt - Approve Second Modification of First Five Lease Agreement A A h/r - Implement Classification Project # By Reclassifying One Position of Department Information Systems Specialist II to Department Information Systems Analyst II in the Department of Child Support Services. R h/r - Amend and Retitle the Classes of Physical Therapist II-Staff to Physical Therapist, Physical Therapist III-Senior to Physical Therapist-Senior, and Physical Therapist IV- Clinical Specialist to Physical Therapist-Clinical Specialist, and Delete and Abolish the Class of Physical Therapist I in Health Care Services. R isd - Approval of Agreement with the United States Department of Energy for Non- Federal Use of Real Property. B and A treas/tax/colltr - Approve a Resolution to Issue the School Facilities Improvement District No. 3 of the Tracy Joint Unified School District General Obligation Bonds in an Amount Not to Exceed $14,000,000. R DISCUSSION - GENERAL GOVERNMENT 1. cao - Approval of Funding for the Arch-Sperry Extension Project. County Administrator Manuel Lopez gave the staff report. Public Works Director Tom Flinn, Dana Cowell of San Joaquin Council of Governments, Mike Locke of the San Joaquin Partnership and ToCan Nguyen addressed the Board regarding this matter. Approved Staff Recommendation. Vogel/Ruhstaller/5 B cao Midyear Budget Report and Midyear Budget Adjustments. County Administrator Manuel Lopez gave the staff report. Human Services Agency Director Joe Chelli, Sheriff Steve Moore, ToCan Nguyen and Ulysses Madison of SEIU addressed the Board regarding this matter. Approved Staff Recommendations. B Ruhstaller/Vogel/5

5 Page 5 Minutes February 24, 2009 Discussion General Government (continued) 3. h/r - Approval of the Updated Layoff Mitigation Policy. Human Resources Director Cynthia Clays gave the Staff Report. Approved Staff Recommendation. Ornellas/Ruhstaller/5 B COMMUNICATIONS bos - Received and Referred all Board Communications this date as Outlined on the Communications Distribution Listing. Approved. Vogel/Ruhstaller/5 B PUBLIC COMMENT ToCan Nguyen addressed the Board on various matters. BOARD OF SUPERVISORS QUESTIONS AND COMMENTS Supervisor Vogel stated that in the last couple of weeks he went to five different town hall meetings, including one meeting with Supervisor Ruhstaller. He commented that the financial condition of the county is very much appreciated by the local residents. Supervisor Villapudua stated that it is important to share budget information with the Community Based Organizations. He added that it is also important to look at overtime and that we do not lose any employees. In talking earlier about cell phones, Supervisor Villapudua was trying to obtain a balance of those departments using cell phones and overtime. He further stated that the Community Based Organizations need to cut back and watch their spending. On the issue of cell phones, Chairman Ornellas recalled that someone from Community Development addressed the Board at a previous Board meeting expressing his concern regarding cell phones. Chairman Ornellas requested a report from the gentleman but he never received any report. For example, an inspector who has to make multiple trips back and forth to catch a property owner to make an inspection could be wasting fuel and time. He emphasized that the Board is certainly willing to listen.

6 Page 6 Minutes February 24, 2009 Board of Supervisors Questions and Comments (continued) Chairman Ornellas pointed out an article in the Record that referred to the City of Stockton considering closing the Civic Auditorium in October. This led him to believe that the County may start to see more activity at the San Joaquin County Agricultural Center. Chairman Ornellas asked if the Board could expect to see some type of rental schedule. County Administrator Manuel Lopez informed the Board that Scott Hudson, Agricultural Commissioner, is working on guidelines and a fee schedule that should be coming to the Board for approval in several weeks. Supervisor Bestolarides commented that the guidelines should include costs for replacement, repairs and maintenance. Supervisor Villapudua said that he sits on the Stockton Parks and Recreation Commission. They are going to establish a list of halls in our county in order to keep the monies here. Supervisor Vogel added that it would be important in reviewing the usage of the Ag Center. Since it is an Agricultural Center, we want to make sure that we are not booking events to the detriment of agricultural activities. Supervisor Ruhstaller stated that there should be a two-tier charge, i.e., if it is an agricultural related event, a discount is given. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR California Government Code Section 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 Attorney s Association, San Joaquin County Probation Officer s Association, Union of American Physicians and Dentists, and Unrepresented

7 Page 7 Minutes February 24, 2009 Closed Session (continued) CONFERENCE WITH REAL PROPERTY NEGOTIATOR California Government Code Section Parcel No.: APN Negotiating Parties: Stockton Terminal and Eastern Railroad Company, Greg Carney, President Parcel No.: APN Negotiating Parties: The Gospel Tabernacle Pentecostal Church of God, representatives Cleo Meeker, John Marshall, Jessie Pena, Newton Armstrong and Pastor Jim DuBois Parcel No.: APN Negotiating Parties: Sac-San Joaquin Drainage District, Jeff Fong, Associate Land Agent Parcel No.: APN Negotiating Parties: The Gospel Tabernacle Pentecostal Church of God, representatives Cleo Meeker, John Marshall, Jessie Pena, Newton Armstrong and Pastor Jim DuBois Parcel No.: APN Negotiating Parties: Frank R. Lindbloom and Sandy J. Lindbloom, Trustees

8 Page 8 Minutes February 24, 2009 Closed Session (continued) Parcel No.: Parcel 4680C Negotiating Parties: Sac-San Joaquin Drainage District, Jeff Fong, Associate Land Agent SCHEDULED AFTERNOON ITEMS 1:30 p.m. - cdd - Public Meeting for the Joint Board of Supervisors/Planning Commission Study Session for the San Joaquin County General Plan Update. Chairman Ornellas introduced Planning Commission Members, Miguel Angel Villapudua, Richard Nickerson, Peter Johnson, Michael Devincenzi and Stan Morri. Community Development Director Kerry Sullivan briefed the Board on the purpose of the workshop. She also introduced Larry Mintier, Jim Harnish and Ted Holzem of Mintier Harnish, Community Development staff and Assistant County Counsel Mark Myles. Mr. Harnish addressed the Board. Mr. Holzem gave a PowerPoint presentation. Board Members and Planning Commission Members commented on the presentation and asked questions. Katie Patterson of the San Joaquin Farm Bureau, Bob Bentz and David Best of the Lodi Friends of the Calaveras River also addressed the Board. ADJOURNED TO TUESDAY, MARCH 3, 2009 AT 9:00 A.M. Vogel/Ruhstaller/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). Materials related to an item on this Agenda submitted to the Board of Supervisors after distribution of the agenda packet are available for public inspection in the County Clerk of the Board Office at 222 E. Weber Avenue during normal business hours

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