Board of Supervisors Agenda

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1 Morning Room 301, Hall of Records 2281 Tulare Street Fresno, California Telephone: (559) Toll Free: Board of Supervisors Agenda Chairman Vice Chairman Bob Henry Perea Phil Larson Susan B. Anderson Judy Case 5th District 3rd District 1st District 2nd District 4th District Bart Bohn Dennis A. Marshall Bernice E. Seidel County Admin. Officer County Counsel Clerk ACTION SUMMARY MINUTES TUESDAY MAY 22, :00 AM Pledge of Allegiance CHAIRMAN WATERSTON LED THE BOARD IN THE PLEDGE OF ALLEGIANCE 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 remove any item from the Consent Calendar - Items removed from the Consent Calendar may be heard immediately following approval of Consent Calendar or set aside until the department can be notified and its representative is in the board room INCLUDING REVISED ADDENDUM ITEM FOLLOWING ITEM NO. 26, WITH THE EXCEPTION OF ITEM NOS. 23, 25, 26, AND REVISED ADDENDUM ITEM FOLLOWING ITEM NO. 30 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE Chairman 2. Adopt Proclamation of May 20 through 26, 2007, as California Heartland Chorus Week and May 22, 2007, as California Heartland Chorus Day in Fresno County RESO Motion by: Anderson Second by: Larson Ayes: Anderson, Larson, Case, Perea, Noes: None Equal Employment Opportunity Affirmative Action Disabled Employer Internet

2 3. Adopt Resolution proclaiming May 2007, as Neighborhood Watch Month in Fresno County RESO Motion by: Anderson Second by: Larson Ayes: Anderson, Larson, Case, Perea, Noes: None Supervisor Larson 4. Adopt Resolution congratulating the 2007 state champion wrestler from Washington Union High School, Gilbert Camacho RESO Motion by: Larson Second by: Case Ayes: Larson, Case, Anderson, Perea, Noes: None Supervisor Perea 5. Recognize the Central California 25th Annual Celebration of Wine Event RESO Proclaim May 2007 as Teen Pregnancy Prevention Month in Fresno County RESO Page 2

3 Page 3 Assessor-Recorder 7. Adopt Resolution in support of AB 83 establishing the State-County Property Assessment and Revenue for Education Funding Program, WITH THE INTENT THAT THE COUNTY WILL TAKE ADVANTAGE OF THE PROGRAM RESO Motion by: Anderson Second by: Larson Ayes: Anderson, Larson, Case, Perea, Noes: None Auditor-Controller/Treasurer-Tax Collector 8. Conduct the first hearing to consider amending the Fresno County Master Schedule of Fees, Charges and Recovered Costs Ordinances by amending Section 300 and Section 3000 relating to Auditor-Controller/Treasurer-Tax Collector Fees, and set second hearing for June 5, 2007 ; WAIVED READING OF ORDINANCE IN ITS ENTIRETY AND SET SECOND HEARING FOR JUNE 5, 2007 Motion by: Larson Second by: Anderson Ayes: Larson, Anderson, Case, Perea, Noes: None County Clerk/Registrar of Voters 9. Delete one Supervising Office Assistant II (Range 1332) position and eleven Office Assistant I (Range 798) / II (Range 896) lll (Range 998) positions from Org. 2850, as reflected on Appendix "C" on file with the Clerk to the Board SAL RESO Motion by: Anderson Second by: Larson Ayes: Anderson, Larson, Case, Perea, Noes: None Administrative Office 10. Receive presentation of the Department of Agriculture's Annual Fresno County Crop and Livestock Report RECEIVED PRESENTATION OF THE DEPARTMENT OF AGRICULTURE'S ANNUAL FRESNO COUNTY CROP AND LIVESTOCK REPORT 11. Receive presentation from Granville Homes, Inc., regarding the proposed Westlake project to be located within the City of Fresno RECEIVED PRESENTATION FROM GRANVILLE HOMES, INCORPORATED

4 Closed Session - Page Board of Supervisors' Committee Reports - Receive and provide direction (This item reserved for committee reports by members of the Board of Supervisors) HELD 13. Board Appointments - (List attached in packet and available at Clerk to Board's Office) SANGER/DEL REY CEMETERY DISTRICT REAPPOINTED MICHAEL DEL PUPPO (TERM TO EXPIRE 01/03/11) APPROVED NOMINATION FOR REAPPOINTMENT Motion by: Case Second by: Anderson Ayes: Case, Anderson, Larson, Perea, Noes: None 14. Closed Session - a. Conference with legal counsel - Initiation of Litigation; Government Code section (c); No. of Cases: 1 HELD; NO REPORTABLE ACTION b. Conference with legal counsel - Existing Litigation; Government Code section (a); County of Fresno vs. Board of Retirement of the County of Fresno, et al.: Fresno County Deputy Sheriff's Association, Appellant; Superior Court Case No. 03 CE CG Appellate Court Case No. F HELD; NO REPORTABLE ACTION c. Conference with legal counsel - Existing Litigation; Government Code section (a); City and County of San Francisco et al. v. Microsoft Corp; (Maryland District Crt. No. 04-CV-03705) HELD; NO REPORTABLE ACTION d. Conference with Labor Negotiator, Government Code section : Agency Negotiator: Ralph Jimenez; Employee Organization: All Bargaining Units and Management and Unrepresented Employees - Hours, Wages and Terms and Conditions of Employment HELD; NO REPORTABLE ACTION e. Pending Litigation, Government Code section (a) Workers' Compensation Board Case No. FRE ; Elliott v. County of Fresno THE BOARD BY UNANIMOUS VOTE APPROVED SETTLEMENT IN THE AMOUNT OF $275,000 FOR WORK RELATED INJURIES IN THE MATTER OF ELLIOTT V. COUNTY OF FRESNO

5 Sitting as the Fresno County Redevelopment Agency Board Page 5 f. Conference with legal counsel - Significant Exposure to Litigation; Government Code section (b); No. of Cases: 2 HELD; NO REPORTABLE ACTION Board of Supervisors sitting as Fresno County Redevelopment Agency g. Conference with legal counsel - Existing Litigation; Government Code section (a); City and County of San Francisco et al. v. Microsoft Corp; (Maryland District Crt. No. 04-CV-03705) THE BOARD OF SUPERVISORS SITTING AS FRESNO COUNTY REDEVELOPMENT AGENCY BY UNANIMOUS VOTE WITH SUPERVISOR PEREA ABSENT, APPROVED SETTLEMENT OFFER IN THE AMOUNT OF $336, IN MERCHANDISE IN THE MATTER OF CITY AND COUNTY OF SAN FRANCISCO ET AL. V. MICROSOFT CORP; (MARYLAND DISTRICT CRT. NO. 04-CV-03705) NOON RECESS

6 Afternoon Page 6 2:00 PM 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 remove any item from the Consent Calendar - Items removed from the Consent Calendar may be heard immediately following approval of Consent Calendar or set aside until the department can be notified and its representative is in the board room, WITH THE EXCEPTION OF ITEM NO. 45 WHICH WAS PULLED FOR DISCUSSION AND SEPARATE VOTE Sitting As Board of Directors of Waterworks District No. 38: 16. Conduct protest hearing on imposing increased water and sewer fees for Waterworks District No. 38 as required under Proposition 218; if no majority protest on increased water and sewer fees, adopt resolution establishing increased fees and direct staff to include increased fees on Master Schedule of Assessments, Fees, Charges, and Recovered Costs for Administrative Purposes; and, if majority protest, adopt resolution rejecting increased fees and direct staff to send written notice to property owners that water service will be turned off on August 1, 2007 CONDUCTED HEARING; RECEIVED PUBLIC TESTIMONY; CLOSED HEARING; TABULATED PROTEST LETTERS; CONFIRMED THAT THERE WAS NO MAJORITY PROTEST ON INCREASED WATER AND SEWER FEES; ADOPTED RESOLUTION ESTABLISHING INCREASED FEES AND DIRECTED STAFF TO INCLUDE INCREASED FEES ON MASTER SCHEDULE OF ASSESSMENTS, FEES, CHARGES, AND RECOVERED COSTS FOR ADMINISTRATIVE PURPOSES RESO Motion by: Anderson Second by: Larson Ayes: Anderson, Larson, Case, Perea, Noes: None Administrative Office 17. Adopt resolution reaffirming support for High Speed Rail ; DIRECTED STAFF TO WRITE LETTER OF SUPPORT FOR SUPERVISOR WATERSTON'S APPLICATION TO THE HIGH SPEED RAIL AUTHORITY BOARD RESO Motion by: Anderson Second by: Perea Ayes: Anderson, Perea, Case, Larson, Noes: None

7 Page Amend Chapter 4.44 of Fresno County Ordinance Code - Master Schedule of Fees, Charges, and Recovered Costs for County Services by adopting proposed changes to Section Public Works; waive reading of ordinance in its entirety and set date and time for second reading for June 5, 2007 APPROVED AGENDA ITEM WITH THE DELETION OF THE SIDEWALK INCREASE (SECTION 2204A3) ON ATTACHMENT A Motion by: Anderson Second by: Larson Ayes: Anderson, Larson, Case, Perea, Noes: None 19. Consider and approve resolution adopting findings and certifying Environmental Impact Report for Fresno County Regional Enterprise Zone Designation TABLED AGENDA ITEM TO JUNE 5, 2007, WITH CORRECTIONS TO THE AIR QUALITY MONITORING SECTION OF THE ENVIRONMENTAL IMPACT REPORT Motion by: Case Second by: Perea Ayes: Case, Perea, Anderson, Larson, Noes: None 20. 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 Addendum Administrative Office Receive verbal update on the Governor's May Revise Budget RECEIVED Placement on Agenda: To follow Item 9 County Counsel Conduct second reading of new County ordinance prohibiting cash transactions Placement on Agenda: To follow Item 30 ; DIRECTED STAFF TO MOVE QUICKLY IN CONTACTING ALL CITIES REGARDING THE ORDINANCE ORD

8 Morning Consent Agenda Page 8 Auditor-Controller/Treasurer-Tax Collector Approve the Huron Redevelopment Agency (RDA) subordination of pass through payments Placement on Agenda: To follow Item 26 ADJOURNED Motion by: Larson Second by: Anderson Ayes: Larson, Anderson, Case, Perea, Noes: None NEXT MEETINGS: June 5, :00 A.M. June 12, :00 A.M. 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.

9 MORNING CONSENT AGENDA Item Numbers (Any Board Member may pull any consent item for discussion or separate vote) Page 9 INCLUDING REVISED ADDENDUM ITEM FOLLOWING ITEM NO. 26, WITH THE EXCEPTION OF ITEM NOS. 23, 25, 26, AND REVISED ADDENDUM ITEM FOLLOWING ITEM NO. 30 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE Chairman 21. Adopt Resolution proclaiming May 20 through May 26, 2007, as Emergency Medical Services Week in Fresno County RESO Supervisor Case 22. Adopt a resolution recognizing Eagle Scout Brandt Laemmlen with Scout Troop 282 Sequoia Council, Mt. Whitney District RESO Supervisor Perea 23. Approve joint resolution with the City of Fresno to appoint a committee to establish a Little Hoover Commission for efficiency in government, tasked to study and make recommendations to improve efficiency and delivery of local government in Fresno County MOTION BY SUPERVISOR PEREA TO APPROVE AGENDA ITEM FAILED FOR A LACK OF A SECOND NO ACTION TAKEN Auditor-Controller/Treasurer-Tax Collector 24. Approve Resolution providing for the issuance and sale of the Tax and Revenue Anticipation Notes in one or more series in an amount not exceeding $100,000,000 and approving a form of the Preliminary Official Statement and certain other matters related thereto RESO

10 Page Approve Retroactive Revenue Agreement with the State Department of Health Services for Lead Agency Medi-Cal Administrative Activities and Targeted Case Management contractual services and Master Agreements for Claiming under the Medi-Cal Administrative Activities ($6,000,000) and Targeted Case Management Program AGT THROUGH AGT Motion by: Case Second by: Perea Ayes: Case, Perea, Anderson, Larson, Noes: None 26. Approve and authorize Chairman to execute Amendment to the Agreement with MGT of America, Inc., in order to extend its term for an additional nine months for providing Strategic Planning Consulting Services AGT Motion by: Anderson Second by: Larson Ayes: Anderson, Larson, Case, Perea, Noes: None District Attorney 27. Adopt Resolution approving and authorizing the District Attorney to submit a grant application to the Department of Justice for the Spousal Abuser Prosecution Program; and authorize the Chairman to execute the application and the Drug Free Workplace Certification ($102,080) RESO , AGT Authorize District Attorney to submit a grant application/agreement for the Central Valley Rural Crime Prevention program to the Office of Emergency Services, State of California; and authorize the Chairman of the Board to execute the grant application/agreement, and Certification of Assurance of Compliance ($768,890) AGT Approve and authorize District Attorney to submit and the Chairman of the Board to execute an agreement with the California Department of Justice for alcohol analysis services ($120,000) AGT Adopt resolution approving and authorizing District Attorney to submit and Chairman of the Board to execute Grant Application for continued funding of the Workers' Compensation Insurance Fraud Program with the State of California, Department of Insurance ($1,158,329) RESO , AGT

11 Page 11 Administrative Office 31. Support AB 263 (Arambula) Property Tax revenue allocations: Fresno Metropolitan Flood Control District 32. Approve and authorize Chief Information Officer to continue leasing information technology equipment under existing leasing agreement with IBM through December 31, 2007 (4/5 vote) 33. Approve Resolutions rejecting Claims for Damages; Approve Resolution rejecting Application for Leave to Present a Late Claim for Damages RESO THROUGH RESO Agreements - Approve and Authorize Chairman to Execute 34. Month-to-month lease Agreement with the Superior Court of California for office space used by the Court at 1100 Van Ness, Fresno ($125/month) AGT Agreement with Jeffrey/Scott Advertising for consultant services to design and conduct a Library Public Awareness Campaign (not to exceed $200,000) AGT Lease Agreement with David S. Beasley, for office space at 1131 "I" Street, Reedley, to be used by the Department of Behavioral Health ($28,871.47) AGT Agreement with Fresno Families in Transition for court-ordered supervised visitation services ($65,115) AGT Agreement with Comprehensive Youth Services for court-ordered supervised visitation services ($65,115) AGT Retroactive Amendment to HIV Prevention Program ($1,746,483) and Amendment to HIV/AIDS Surveillance Program ($176,690) Memoranda of Understanding to the revenue Master Agreement with the California Department of Health Services AGT , AGT Agreement with California State Association of Counties for the purpose of providing case data system management services ($1,161,002) AGT

12 Afternoon Consent Agenda 41. Agreement with State Department of Health Services for data necessary to participate in a quality improvement project and designate the Department's Senior Systems and Procedures Analyst as the data recipient AGT Retroactive revenue Agreement with Annie E. Casey Foundation for grant funding to support continued implementation of Family to Family Initiative for Fresno County ($100,000) AGT Page Amendment to Agreement with Resource Development Associates for program evaluation services ($77,500) AGT Amendment with Panagraph, Inc., dba ASTONE, to continue the Babies First marketing campaign ($75,000) AGT

13 AFTERNOON CONSENT AGENDA Item Numbers (Any Board Member may pull any consent item for discussion or separate vote) Page 13, WITH THE EXCEPTION OF ITEM NO. 45 WHICH WAS PULLED FOR DISCUSSION AND SEPARATE VOTE Administrative Office 45. Adopt resolution in support of State Route 65 Study DIRECTED STAFF TO RETURN TO THE BOARD WITH A RESOLUTION THAT SUPPORTS METRO RURAL LOOP FEASIBILITY STUDY ONLY (ADDITIONAL SECTION OF HIGHWAY 65 NOT TO BE INCLUDED) Motion by: Case Second by: Anderson Ayes: Case, Anderson, Larson, Perea, Noes: None 46. Conduct second hearing of proposed ordinance to amend Fresno County Ordinance Code Section of Title 15 relating to "Areas in process of annexation to city" and waive reading of ordinance in its entirety ORD Adopt budget resolution increasing FY appropriations by $20,000 in American Avenue Disposal Site Enterprise Fund, Org 9026 from Disposal Site Reserves (4/5 vote) RESO Adopt resolution authorizing Pacific Gas & Electric Company to transfer $450,000 in credit from County of Fresno Underground Utility District Rule 20.A credits to City of Fowler for undergrounding of utilities along Seventh Street from Main Street to Vine Street RESO Adopt Resolution of Intention to levy assessment for maintenance of roads benefiting four additional parcels to Zone "X", being created by proposed Parcel Map No RESO Award Contract C, Federal Bridge Railing Replacement Project, Delta- Mendota Canal Bridge on Washoe Avenue, Highway Bridge Replacement and Rehabilitation Program No. STPLX-5942(092) to low bidder, Bugler Construction, Warm Springs Blvd., #101, Fremont, in amount of $577, Adopt resolution authorizing stop sign at intersection of Piedra and Lone Oak Roads stopping southbound traffic on Piedra Road RESO

14 Page Consider and adopt resolution designating Mill Creek Bridge on Dunlap Road in honor of Deputy Sheriff Eric Telen RESO Adopt plans and specifications for Loading Dock Demolition at future Fowler Branch Library site; award contract associated with RFP No to low bidder, Kroeker, Inc., 4627 S. Chestnut, Fresno, in amount of $29,500; and authorize Chairman to sign Right of Entry Agreement with Union Pacific Railroad Company and authorize payment in amount of $3,045 to Union Pacific Railroad Company for fees relating to Right of Entry Agreement AGT Agreements - Approve and Authorize Chairman to Execute 54. Program Supplement No. N190 to Administering Agency-State Master Agreement for Federal Aid No R for Manning Avenue, Crawford Avenue to Hill Avenue Reconstruction and Widening, Regional Surface Transportation Program No. STPL-5942(164) AGT Agreement with Fresno Irrigation District to share in cost of replacement and construction of stormwater control and diversion facilities at Enterprise Canal crossing of Fancher Creek AGT

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