Board of Supervisors Agenda

Transcription

1 Board of Supervisors Agenda Room 301, Hall of Records 2281 Tulare Street Fresno, California Telephone: (559) Toll Free: Chairman Vice Chairman Juan Arambula Susan B. Anderson Phil Larson Judith G. Case Bob Waterston 3rd District 2nd District 1st District 4th District 5th District Bart Bohn Phillip S. Cronin Bernice E. Seidel County Admin. Officer County Counsel Clerk PLEDGE OF ALLEGIANCE ACTION SUMMARY MINUTES TUESDAY DECEMBER 16, :00 A.M. NOTE: Any item that is pulled from the morning consent agenda for discussion will be set aside until the department can be notified and its representative is in the board room. CAnLWA LCAnWA AnLCWA 1. Morning Consent Agenda Item Numbers (These matters are routine in nature and are usually approved by a single vote. Prior to action by the Board, the public will be given the opportunity to comment on any Consent Item) - Items to be removed from Consent for Discussion - Approval of Morning Consent Agenda - Discussion/Action on Items removed from Consent Agenda, INCLUDING ADDENDUM AND CLARIFICATION OF RECOMMENDED ACTION TO ITEM NO. 43 AS NOTED Chairman Arambula 2. Presentation of retirement plaque to John Zaninovich Public Works and Planning, 36 years of service PRESENTED 3. Proclaim December 2003 as Drunk and Drugged Driving Prevention Month ; ADOPTED RESOLUTION NO Supervisor Anderson 4. Adopt resolution recognizing Phil Kader and Ray Guevara of Fresno County Probation Department in receiving the Chief Probation Officers of California Awards Equal Employment Opportunity Affirmative Action Disabled Employer Internet:

2 Page 2 WLAnCA CLAnWA AnLCWA LWA AnC/no CWLAnA AnCLWA Supervisor Waterston 5. Adopt resolution in support of Operation Clean Air Administrative Office 6. Designate two County representatives to serve on the Indian Gaming Local Benefit Committee; and direct staff to initiate contact with local tribes to develop a timeline for formation of the Committee, including the selection of three additional local representatives by mutual consent of your Board and the tribes ; APPOINTED SUPERVISORS BOB WATERSTON AND SUSAN B. ANDERSON AS COUNTY REPRESENTATIVES 7. Consider and take action on request for determination of public convenience or necessity on application for alcoholic beverage license filed by Johnny Quik Food Stores, Inc., located at 5020 N. Academy Avenue, Clovis APPROVED REQUEST; DIRECTED STAFF TO INVESTIGATE FURTHER DETAILS OF LOCAL IMPACTS RESULTING FROM ALCOHOLIC BEVERAGE CONTROL LICENSING 8. Consider and take action on request for determination of public convenience or necessity on application for alcoholic beverage license filed by Johnny Quik Food Stores, Inc., located on the southwest corner of Millerton Road and Marina Drive, Friant APPROVED REQUEST 9. Consider and take action concerning the procedures for appointing two members of the Board of Supervisors to serve on Commissioners of the California County Tobacco Securitization Agency (the Agency ), and as President and the Vice President of the Fresno County Tobacco Funding Corporation (the Corporation ) RECEIVED COUNTY COUNSEL S REPORT CONCERNING THE BOARD S 2002 APPOINTMENTS OF SUPERVISORS WATERSTON AND CASE TO THE AGENCY S AND THE CORPORATION S GOVERNING BOARDS, AND AGENCY S AND CORPORATION S CURRENT PROCEDURES FOR HAVING COUNTY BOARD MEMBERS SERVE ON THEIR GOVERNING BOARDS. THE BOARD CONCURRED WITH THOSE PROCEDURES AND DID NOT ADOPT ANY ADDITIONAL PROCEDURES, SUCH AS TERM LIMITS, FOR APPOINTING ITS MEMBERS TO THOSE OTHER ENTITIES GOVERNING BOARDS 10. Approve a funding source for Federal Advocacy services not to exceed an annual amount of $80,000 and authorize staff to commence contract negotiations with selected vendor

3 Page 3 AnLCWA AnLCWA 11. Receive verbal report and provide direction to staff regarding budget impacts due to the rollback of Vehicle License Fee including impacts to Human Services System Programs THE BOARD CONFIRMED SUPPORT OF THE COUNTY ADMINISTRATIVE OFFICE S LIST DISCUSSED AT THE DECEMBER 9, 2003, MEETING AND GAVE FURTHER DIRECTION TO THE FOLLOWING: MOVE FULL-SPEED AHEAD ON EFFORTS TO WORK WITH PROPOSITION 10 OTHER AGENCIES TO HAVE MEMORANDA OF UNDERSTANDING THAT ALLOWS COUNTY TO LEVERAGE FEDERAL FUNDS; MOVE AHEAD ON TAKING STEPS TO DOWNSIZE, REDUCE COSTS/CREATE EFFICIENCY, HIRING FREEZES AND SUSPENDING PROMOTIONS; MINIMIZE OVERTIME, TRAVEL AND NON-CRITICAL COSTS; CONSIDER GOLDEN HANDSHAKE WITH UNDERSTANDING THAT THE VACATED POSITIONS ARE ELIMINATED DIRECTED TO DO QUICK ANALYSIS ON THE FINANCIAL IMPACT; DIRECTED MANAGEMENT TO ENGAGE ALL EMPLOYEES TO HELP FIND BEST WAYS TO REDUCE COSTS; BE PREPARED FOR FURLOUGHS; ALLOW EACH DEPARTMENT TO PLAN IMPLEMENTATION; AUTHORIZED STAFF TO RENEGOTIATE EMPLOYMENT AND TEMPORARY ASSISTANCE MAINTENANCE OF EFFORT WITH THE STATE AS DISCUSSED; AUTHORIZED STAFF TO BEGIN NEGOTIATION WITH UNIONS; DIRECTED STAFF TO EVALUATE THE IMPACT OF THE EXTRA PAY PERIOD FOR 2004, RETIREMENT PAYMENTS BEING MADE BY EMPLOYEES, LIQUIDATION OF ENCUMBRANCES; AND CONTINUED TO A SPECIAL MEETING ON JANUARY 6, 2004, FOR BUDGET UPDATE 12. Board of Supervisors Committee Reports Receive and provide direction (This item reserved for committee reports by members of the Board of Supervisors) RECEIVED 13. Board Appointments (List attached in packet and posted on bulletin board outside of Board Chambers) CLOVIS CEMETERY DISTRICT REAPPOINTED JACK ROSE AND BLAYNE THOMAS HISTORICAL LANDMARKS & RECORDS ADVISORY COMMISSION REAPPOINTED PRUDENCE ZALEWSKI; RECINDED APPOINTMENT OF KEVIN FITZGERALD MERCY SPRINGS WATER DISTRICT APPOINTED ROSS KODA, TAMA KODA AND MARCOS HENDRICK ORO LOMA WATER DISTRICT APPOINTED ED KODA, ROBIN KODA AND MRS. TAMA KODA APPROVED NOMINATIONS FOR APPOINTMENTS/REAPPOINTMENT

4 Page Closed Session a. Pending Litigation Section (a) Rego/Christenson, et al. v. County of Fresno, et al. b. Pending Litigation Section (a) Maria DeMunoz v. County of Fresno, et al. c. Conference with Labor Negotiator (GC ): Agency Negotiator: Ralph Jimenez; Employee Organization: All Bargaining Units and Management and Unrepresented Employees Hours, Wages and Terms and Conditions of Employment BY UNANIMOUS VOTE, THE BOARD EXTENDED THROUGH JANUARY 31, 2004, THE MEMORANDUM OF UNDERSTANDING FOR UNITS 3, 4, 12, 22, 31 AND 36 WITH NO EXTENSION ON UNITS 11 AND 2 NOON RECESS

5 Page 5 2:00 P.M. LAnCWA AnCLWA AnCLWA LCAnWA LCAnWA LCAnWA 15. Afternoon Consent Agenda Item Numbers (These matters are routine in nature and are usually approved by a single vote. Prior to action by the Board, the public will be given the opportunity to comment on any Consent Item) - Items to be removed from Consent for Discussion - Approval of Afternoon Consent Agenda - Discussion/Action on Items removed from Consent Agenda Administrative Office 16. Conduct hearing to receive protests from Waterworks District No. 37 property owners on imposing tiered water fees as required under Proposition 218: if there is no majority protest based on results, adopt resolution approving tiered fees and direct staff to include fees on Master Schedule of Fees, Charges and Recovered Costs for administrative purposes; if there is majority protest, adopt resolution denying tiered fees and continuing with existing fees ; ADOPTED RESOLUTION APPROVING TIERED FEES AND DIRECTED STAFF TO INCLUDE FEES ON MASTER SCHEDULE OF FEES, CHARGES AND RECOVERED COSTS FOR ADMINISTRATIVE PURPOSES 17. Conduct public protest hearing to consider levying assessment for maintenance of 12 roads consisting of approximately 3.7 miles, and for the formation of Zone BZ of County Service Area No. 35, located approximately 6.5 miles southwest of community of Prather, east of Auberry Road APPROVED RECOMMENDED ACTION NO. 1B OF AGENDA ITEM 18. Adopt resolution authorizing simultaneous rescission of portion of Agricultural Land Conservation Contract No and entry into new Agricultural Land Conservation Contract No based on seven findings required for such action by Land Conservation Act of 1965 and authorize recording of Agricultural Land Conservation Contract No following signature by Chairman 19. Adopt resolution authorizing simultaneous rescission of portion of Farmland Security Zone Agreements No. FSZ and FSZ and entry into new Farmland Security Zone Agreement No. FSZ based on seven findings required for such action by Land Conservation Act of 1965 and authorize recording of Farmland Security Zone Agreement No. FSZ following signature by Chairman 20. Consider and take action on appeal of Planning Commission s approval of one-year time extension of Vesting Tentative Tract Map Application No which authorizes division of acres into 200 lots located south of Millerton Road between Winchel Cove Drive and Friant-Kern Canal, approximately two miles east of unincorporated community of Friant DENIED APPEAL; UPHELD PLANNING COMMISSION S APPROVAL OF ONE-YEAR TIME EXTENSION OF VESTING TENTATIVE TRACT MAP APPLICATION NO. 4934; PLANNING COMMISSION S DECISION IS FINAL

6 Page Public Presentations (This portion of the meeting reserved for persons desiring to address the Board on any matter not on this agenda Pursuant to Administrative Policy No. 29, presentations are limited to 5 minutes per person and no more than 15 minutes per topic) HELD CLAnWA CLAnWA SPECIAL ITEM NOT INCLUDED ON POSTED AGENDA: Closed Session Conference with legal counsel Initiation of Litigation, Government Code Section (c), No. of Cases: 1 APPROVED REQUEST TO TAKE ACTION ON ITEM NOT INCLUDED ON POSTED AGENDA, FINDING THE NEED FOR ACTION AROSE AFTER POSTING OF THE AGENDA APPROVED FRESNO COUNTY JOINING A PROSPECTIVE LAWSUIT THAT WILL BE FOLLOWED BY THE COUNTIES AND CITIES IN CALIFORNIA, AGAINST THE STATE OF CALIFORNIA AND THE STATE CONTROLLER SEEKING THE VEHICLE LICENSE FEE REVENUES GUARANTEED UNDER ARTICLE II, SECTION 15 OF THE CALIFORNIA CONSTITUTION AND THE ENABLING STATUES, AND GIVING COUNTY COUNSEL THE AUTHORITY ON BEHALF OF THE COUNTY TO JOIN THE LAWSUIT IF IT S FILED BEFORE JANUARY 1, 2004, WITH THE COMMITMENT THAT IT WILL BE BROUGHT BACK TO THE BOARD FOR RATIFICATION ADDENDUM TO AGENDA County Counsel Approve and authorize Chairman to execute waiver of conflict of interest for the law firm of Lozano Smith to act as interim counsel to Civil Service Commission while representing County of Fresno in unrelated litigation CAnLWA HELD Placement on Agenda: To Follow Item 23 Conference with legal counsel - Initiation of Litigation Government Code section (c) No. of Cases: 1 Placement on Agenda: Closed Session LCAnWA ADJOURNED

7 NEXT MEETINGS: Clerk to the Board's Office will be closed December 26, 2003, and January 2, 2004; holiday office hours for other County Departments can be viewed online at the web site: January 5, 2004 Election of Officers 11:00 A.M. January 13, :00 A.M. Page 7 Requests for disability-related modification or accommodation needed in order to participate in the meeting must be made to the Clerk to the Board of Supervisors (559) no later than Monday at 9:00 a.m.

8 Page 8 MORNING CONSENT AGENDA Item Numbers (Any Board Member may pull any consent item for discussion or separate vote) CAnLWA, INCLUDING ADDENDUM AND CLARIFICATION OF RECOMMENDED ACTION TO ITEM NO. 43 AS NOTED Supervisor Waterston 22. Adopt resolution recognizing Eagle Scout Jason Adam Mathieson County Counsel 23. Approve and authorize Chairman to execute a retroactive legal service agreement with the Children and Families Commission of Fresno County Sheriff 24. Adopt resolution increasing appropriations and estimated revenue for Sheriff Grants Org in the amount of $220,052 (4/5 vote); and approve Salary Resolution amendments Appendix D, adding one Sheriff Sergeant and five Deputy Sheriff positions to Sheriff Grant Org Administrative Office 25. Approve policy giving preference in its vehicle and fuel procurement to the lowest emission vehicles and fuel available when utilizing Federal or State funds 26. Approve the proposed organizational structure for Human Services Administration and retitle to the Human Services System-Finance and Operations; approve transfer of mail, driver, personnel, and staff development Human Services Administration functions to Graphic Communication Services and other Human Services System and Personnel Services Departments; approve deletion, retitling, and transferring of positions as identified in the Salary Resolution Amendment (Appendix E ); approve and authorize Clerk to execute Budget Transfer Nos. 35, 36, 37, and 38 ($386,097) for the Departments of Adult Services, Community Health, Children and Family Services, and Employment and Temporary Assistance (4/5 vote); adopt resolution decreasing the FY Org in the amount of $1,055,446; adopt resolution increasing the FY Org in the amount of $586,850 (4/5 vote); adopt resolution increasing the FY Personnel Services Department Org in the amount of $433,334 (4/5 vote); adopt resolution increasing the FY Department of Children and Family Services Org to finance contract ombudsman costs in the amount of $50,000 (4/5 vote) 27. Approve the transfer of two Office Assistant I/II/III positions from the Department of Employment and Temporary Assistance Org to the Graphic Communication Services Org as identified in the amendment to the Salary Resolution (Appendix F )

9 Page Adopt resolution increasing the Graphic Communication Services Budget in the amount of $652,523 for additional staff and related services and supplies (4/5 vote); adopt resolution increasing Adult Detention Facilities Construction Fund Budget in the amount of $75,000 for facility improvements (4/5 vote); adopt resolution increasing the Capital Projects Organization in the amount of $75,000 for facility improvements (4/5 vote); adopt resolution increasing Information Technology Services Department Equipment Organization in the amount of $110 for the purchase of two cell phones (4/5 vote); and approve and authorize Chairman to execute amendment to agreement with The Presort Center adding services and increasing the maximum contract dollar amount 29. Adopt resolution increasing FY Internal Service Fund within Fleet Services Org in the amount of $15,200, for the purchase of radios (4/5 vote); and approve and authorize Clerk to execute Budget Transfer No. 34 transferring funds within Probation Org in the amount of $15, Adopt Administrative Policy Nos. 50 and 51 codifying the previously approved Staff Development and Training Program and establishing a Countywide Employee Recognition Program 31. Approve amendments to the bylaws of the Fresno County Employees Retirement Association adopted by the Board of Retirement 32. Expand Workforce Investment Board membership by one mandated One-Stop Partner position and one business position, and allow for the appointment of additional business representatives as needed 33. Authorize Fresno County to join the County Coalition of Mental Health and Health Realignment Equity, and sponsor legislation that will address the under-equity status of Fresno County 34. Approve amendment to the FY Substance Abuse and Crime Prevention Act of 2000 Implementation Plan to remove the following costs addressed in County s April 4, 2003, letter to the State from the County Plan for FY (this amendment is being submitted to the State under protest) a) Costs related to activities or services incurred during a Substance Abuse and Crime Prevention Act of 2000 hearing and b) Costs for tasks and activities performed by the Prosecutor and Defense Counsel for in-court time during Substance Abuse and Crime Prevention Act of 2000 client s initial hearing; adopt resolution decreasing the Public Defender Org FY appropriations and estimated revenue in the amount of $24,247 due to a reduction in available funding from Proposition 36 (4/5 vote); adopt resolution decreasing the District Attorney Grants Org FY appropriations and estimated revenues in the amount of $54,462 due to a reduction in available funding from Proposition 36 (4/5 vote); adopt resolution transferring appropriations from the adopted FY General Fund Contingencies Org 8210 in the amount of $78,709 to the FY Public Defender Org ($24,247) and the District Attorney Grants Org. ($54,462) to fund salaries and benefits related to Proposition 36 (4/5 vote); adopt resolution transferring appropriations from the adopted FY General Fund Contingencies Org in the amount of $41,874 to the FY Human Services System Org to reimburse the Superior Court for the provision of staff services related to Proposition 36 (4/5 vote).

10 Page Approve and authorize Chairman to sign the Certification for FY description of proposed expenditures of California Healthcare for Indigents Program Funds for submission to the California Department of Health Services 36. Adopt resolution authorizing the County to make advanced disability retirement pension payments to local safety officers who suffered a job-related injury or illness prior to January 1, 2003, and who meet the criteria for receiving such payments as provided for in Labor Section and as established by the County Agreements Approve and Authorize Chairman to Execute 37. AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE for the employee and Case listed below: Kenneth Bird, M.D., as named in Fresno County Superior Court Case No.: 03 CE CG HAC James L. Oliver v. County of Fresno, et al. 38. Cooperative agreement for Joint Venture project between the County of Fresno and Golden Plains Unified School District (Tranquillity) 39. Sole source agreement with Advanced Information Management for recruitment and placement services for Librarian I and Librarian II classifications ($42,000) 40. Retroactive amendment to revenue agreement with the State Emergency Medical Services Authority for the acquisition of a hospital communications system 41. Sole source agreement with Turning Point of Central California, Inc., for the provision of comprehensive services ($1,223,983) and accept grant award from the State Department of Mental Health to continue providing specialized services in the Department of Adult Services ($1,910,000) 42. Renewal agreement with Proteus Inc., to provide JOBS 2000 Workshops ($929,304); adopt resolution increasing FY appropriations and estimated revenues for the Department of Employment and Temporary Assistance Org in the amount of $330,218 (4/5 vote); adopt resolution increasing FY appropriations and estimated revenues for the Department of Child Support Services Org in the amount of $20,450 to increase JOBS 2000 services (4/5 vote); and approve the addition of one Child Support Officer I/II/III in the Department of Child Support Services as identified in the amendment to the Salary Resolution (Appendix C ) 43. Fiscal Services Agreement with the Biola Community Services District subject to approval of additional terms to such agreement deemed necessary by the Auditor- Controller/Treasurer-Tax Collector to finalize the agreement, and approval thereof as to legal form by county counsel; authorize the Auditor-Controller/Treasurer-Tax Collector to execute final Fiscal Services Agreement 44. Retroactive revenue agreement with the First Five of Fresno County to accept grant funding to implement the Family-to-Family Initiative s Strategic Plan ($60,000); and adopt resolution increasing the FY Department of Children and Family Services Org appropriations and estimated revenues in the amount of $44,861 and the remaining $15,139 will be appropriated to the FY budget for a total of $60,000 from a grant award from the First Five of Fresno County to Implement the Family-to-Family Initiative s Strategic Plan for Fresno County (4/5 vote)

11 45. Agreement with the Economic Opportunities Commission for the provision of mental health services at the Early Head Start Program Page Retroactive revenue agreement with the State Department of Health Services for Phase II Preventive Health Care for the Aging funding ($186,426); and approve and authorize the Director of Community Health or designee to execute the State Contractor s Release for the final invoice

12 Page 12 AFTERNOON CONSENT AGENDA Item Numbers (Any Board Member may pull any consent item for discussion or separate vote) LAnCWA Administrative Office 47. Award Contract No. 03-S-07 for construction of Lost Lake Restroom Facilities located near community of Friant to low bidder, Batty Construction, Inc., Donald Avenue, Madera, CA ($521,323) 48. Authorize submittal of application to Great Valley Center for LEGACI Grant Program ($15,000); and authorize Director of Department of Public Works and Planning to execute grant application, agreement, related documents and any amendments thereto, subject to review of County Counsel and Auditor- Controller/Treasurer-Tax Collector 49. Consider and take following actions for Tract No. 5157: approve and accept final map; approve and authorize Chairman to execute Subdivision Agreement; place on file securities to guarantee completion of in-tract facilities Performance and Maintenance ($562,800), Labor and Materials ($232,600) and Monumentation ($5,000); accept offer of dedication of public utility easements; accept rights to groundwater beneath subdivision; and accept offer of dedication for East Ashlan Avenue and reject, at this time, offer of dedication for North Quail Lake Drive 50. Accept five deeds of easement offered for road right-of-way by Table Mountain Rancheria of California, Jones Family Enterprises, LLC, and Johnnie Lester Burrough and Theresa Ann Burrough for several narrow strips of land for improving Millerton Road, east and west of Sky Harbor Road; and authorize Chairman to execute for submittal application for right-of-way with U.S. Department of Interior - Bureau of Indian Affairs as required to obtain deed of easement for said improvement; and authorize Clerk to the Board to accept and record said deed from The United States of America in Trust for Table Mountain Band of Indians of Table Mountain Rancheria upon approval of said application and deed by Bureau of Indian Affairs Agreements Approve and Authorize Chairman to Execute 51. Approve and authorize County Counsel to file proposed judgment increasing compensation in Academy Avenue Eminent Domain Case, County v. Scarberry ($48,000) 52. Agreement with BC Laboratories, Inc., to provide analytical testing services of water samples for County Disposal Sites ($112,411) 53. Program Supplement Numbers 139-M1 (Dry Creek on Howard Avenue, 17 miles south of North Avenue) and 153-M1 (Travers Creek on Dinuba Avenue) to Administering Agency-State Master Agreement for Federal Aid No for reimbursement with Federal funds for two bridge construction projects 54. Amendment to Assumption, Clarification and Security Agreement with Table Mountain Rancheria providing three-year extension to time of completion for undergrounding of overhead electrical and telephone lines on north side of Millerton Road

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