Board of Supervisors Agenda Room 301, Hall of Records 2281 Tulare Street Fresno, California 93721-2198 Telephone: (559) 488-3529 Toll Free: 1-800-742-1011 Chairman Vice Chairman Henry Perea Susan B. Anderson Phil Larson Judith G. Case Bob Waterston 3rd District 2nd District 1st District 4th District 5th District Bart Bohn Dennis A. Marshall Bernice E. Seidel County Admin. Officer County Counsel Clerk TUESDAY MAY 6, 2008 9:00 AM The Fresno County Board of Supervisors welcomes you to this meeting and encourages your participation. This agenda contains a brief general description of each item to be considered. The number of the item being heard is indicated on the Clerk s desk. Please see note below regarding consent agenda items. The Chairperson will call for public testimony as each item is heard. If you wish to speak to an individual item please step to the podium during this time period and state your name for the record. If you wish to speak on a matter which does not appear on the agenda, you may do so during the Public Presentation period at the end of the regular p.m. session. All supporting documentation is available for public review in the office of the Clerk to the Board of Supervisors located in the Hall of Records building, 2281 Tulare Street, Room 301, Fresno, 93721 during regular business hours, 8:00 a.m. 5:00 p.m., Monday through Friday. Agenda items are also available online at http://cofinternet01/0110a/questys_agenda/publishedmeetings.htm Morning Pledge of Allegiance 1. Approve Agenda 2. Morning Consent Agenda - Item Numbers 28 57 Morning - 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 Chairman Perea 3. Proclaim May 6, 2008 as Peace Officers Memorial Day in Fresno County 4. Proclaim May 2008, as Mental Health Month and acknowledges the contributions of mental health providers and professionals throughout the County of Fresno Chairman Perea and Supervisor Larson 5. Adopt resolution in opposition of proposition 98 for the June 2008 ballot Supervisor Anderson Equal Employment Opportunity Affirmative Action Disabled Employer Internet www.co.fresno.ca.us/0110a/agenda.asp
6. Adopt Resolution accepting and expressing gratitude for property/mural donations to the James Rowland Crime Victim Assistance Center from the Rosenstein Charitable Fund through the Fresno Regional Foundation ($2,347.00) 7. Proclaim the week of May 12 through 16, 2008 "County of Fresno Bike Week" Supervisor Case 8. Adopt Resolution recognizing the week of May 6 through 12, 2008 as National Nurses Week for Fresno County Page 2 9. Proclaim May 12 through 16, 2008 as Juror Appreciation Week in Fresno County Supervisor Larson 10. Adopt Resolution honoring Fresno County Ag Commissioner Jerry Prieto as the recipient of the 2008 Fresno County Farm Bureau Distinguished Service Award Winner 11. Proclaim May 2008 as "Older Americans Month" in Fresno County and congratulate those being recognized for their contributions to the community at the 16th Annual Celebration of Living "Seniors Serving Seniors" Volunteer Awards Luncheon Supervisor Waterston 12. Adopt Resolution supporting the City of Clovis' bid application to become a host city for the 2009 Amgen Tour of California professional cycling stage race Supervisor Anderson 13. Receive informational presentation/status report regarding Fresno County children with Blue Cross coverage that cannot get medical services at Children's Hospital Central California and provide staff direction Assessor-Recorder 14. Conduct the first hearing to consider amending the Fresno County Ordinance Code Section 4.24.120 of Title 4 relating to the Payment of Recordation tax of Fresno County; waive reading of the ordinance in its entirety; and set second hearing for May 20, 2008 Administrative Office 15. Authorize the Chairman to execute two leases for terms of 16 years with Edison Plaza Partners, L.P.,.for office space to be used by the Departments of Employment & Temporary Assistance, Behavioral Health, Children and Family Services, Public Health (27,830 sq. ft.); and the Library (leased space 10,429 sq. ft.) with an option for the Library to purchase a total of 11,642 sq. ft.
Page 3 16. Conduct the first hearing to consider amending the County of Fresno Ordinance Code Title 10, Public Peace, Morals and Welfare, Part VII, Offenses by and against Minors, by adding Chapter 10.42, to include Residency Restrictions of Registered Sex Offenders; waive reading of the ordinance in its entirety; and set second hearing for May 20, 2008 17. Authorize the Chairman to send a letter to the California State Legislature requesting that Section 3004.5 of the Fish and Game Code regarding the Ridley- Tree Condor Preservation Act (Act) be amended to reduce the Act's Fresno County condor protection area to the area described in the California Department of Fish and Game 1984 Condor Range map 18. Conduct first hearing of a proposed ordinance to amend the Master Schedule of Fees, Charges, and Recovered Costs by amending Section 1300 relating to Mental Health Fees; waive reading of the ordinance in its entirety; and set the second hearing for May 20, 2008 19. Approve the implementation of hiring controls, effective immediately and continuing until the end of the current fiscal year, across all County Departments with regard to filling vacant positions 20. Board of Supervisors' Committee Reports - Receive and provide direction (this item reserved for committee reports by members of the Board of Supervisors) 21. Board Appointments - (List attached in packet and available at Clerk to Board's Office) 22. Closed Session a. Conference with legal counsel - Initiation of Litigation; Government Code section 54956.9(c); No. of Cases: 1 b. Conference with Labor Negotiator Government Code section 54957.6: Agency Negotiator: Ralph Jimenez; Employee Organization: All Bargaining Units and Management and Unrepresented Employees - Hours, Wages and Terms and Conditions of Employment c. Conference with legal counsel - Existing Litigation; Government Code section 54956.9(a); Blake McFaddin v. Visalia Unified School District, et al; Office of Administrative Hearings Case No: N2008920197 d. Conference with legal counsel - Existing Litigation, Government Code section 54956.9(a); County of Fresno v. Valley Group Homes, Inc.; FSC Case No. 07CECGO0421 e. Conference with legal counsel - Existing Litigation, Government Code section 54956.9(a), Boswell v. County of Fresno; Court No. 08 CE CL 00841 Sitting as the IHSS Public Authority Governing Board f. Conference with Labor Negotiator Government Code section 54957.6: Agency Negotiator: Ralph Jimenez; Employee Organization: SEIU-UHW - Hours, Wages and Terms and Conditions of Employment NOON RECESS
Page 4 2:00 P.M. Afternoon 23. Afternoon Consent Agenda - Item Numbers 58 68 - 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 Administrative Office 24. Receive presentation on the annual report of the Fresno County Office of Tourism 25. Receive presentation on status of State Highway 180 projects in Fresno County 26. Consider and approve modifications for continued participation in Williamson Act Program and to County's Williamson Act Program Guidelines and Procedures 27. 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) ADJOURN NEXT MEETINGS: May 20, 2008-9:00 AM June 3, 2008-9:00 AM 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) 488-3529 no later than Monday at 9:00 a.m. Morning Consent Agenda
Page 5 MORNING CONSENT AGENDA Item Numbers 28 57 (Any Board Member may pull any consent item for discussions on separate vote) Board of Supervisors 28. Approve minutes of April 22, 2008 Chairman Perea 29. Proclaim May 12 through 18, 2008 as Salvation Army Week in Fresno County and encourage the citizens of Fresno County to join in celebrating the achievements and service of The Salvation Army Supervisor Anderson 30. Adopt Resolution to honor Clayton Tidyman, founder of East Fresno Rotary International Understanding Foundation 31. Adopt Proclamation for East Fresno Rotary Group Study Exchange with Egypt Supervisor Case 32. Adjourn in memory of Kenneth Chooljian a life long resident of Fresno County. Mr. Chooljian's true passion was in farming where he worked along side his twin brother and father as a raisin grower and packer in the Sanger / Del Rey area. An avid sports fan and community activist his deepest love was for his family. His humor and generous spirit touched many people 33. Adopt a Resolution proclaiming May 24, 2008 as Santa Roy Loftis Day in Fresno County and congratulate him on his dedicated commitment of serving as Santa Claus to all the children of Coalinga and the surrounding areas for the past 66 years 34. Adopt a Resolution proclaiming May 17, 2008 as Beta Sigma Phi International Day in Fresno County and congratulate the sorority as they celebrate their 2008 California State Convention in Fresno County Auditor-Controller/Treasurer-Tax Collector 35. Receive and file the County of Fresno Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2007 County Counsel 36. Approve and authorize Chairman to execute an agreement with the law firm of Hawkins Delafield & Wood LLP pursuant to which the firm will provide specialized bond counsel services to County for the FY 2008-09 County TRAN financing Administrative Office 37. Receive and approve Conflict of Interest Code for Fresno County Indian Gaming Local Community Benefit Committee 38. Approve Amendment to the Salary Resolution (Appendix "D") deleting Org. 75100100 and 75100200 and moving/combining all positions with Org. 75110100 and 75110200 effective June 30, 2008
Page 6 39. Approve Addendum to Memoranda of Understanding for Seven Representation Units, represented by SEIU - Local 521, regarding Contributions to Committee on Political Education (COPE) 40. Review the findings and recommendations of the 2007-08 Fresno County Grand Jury Final Report No. 1 and adopt the recommended responses; and, Order the Board's responses to the 2007-08 Fresno County Grand Jury Final Report No. 1 to be filed with the Presiding Judge of the Superior Court 41. Adopt revisions to Board Administrative Policy No. 1 to authorize the use of online self-study provided by the Fair Political Practices Commission and the Institute for Local Government as the primary method for covered County officials to satisfy their mandatory ethics training obligations under Assembly Bill (AB) 1234 and Board Administrative Policy No. 1, procedures for administering AB 1234/ Board Administrative Policy No. 1 requirements, and minor formatting corrections 42. Adopt Resolution authorizing the Chief Probation Officer to submit and/or sign the Youthful Offender Block Grant Application with the Corrections Standards Authority ($689,807.00) 43. Adopt Resolutions increasing the FY 2007-08 appropriations and estimated revenues for the Department of Employment and Temporary Assistance CaIWORKs Org. 6310 ($1,570,261); Dependent Children-Foster Care Org. 6410 ($560,822) and General Relief Org. 6645 ($433,842), (4/5th vote), and decreasing the FY 2007-08 appropriations and revenues for the In-Home Supportive Services Org. 6420 (-$511,226); approve and authorize the Clerk to execute Budget Transfer No 33 ($377,609) for Dependent Children-Foster Care Org. 6410 and General Relief Org. 6645 44. Amend the Board of Supervisors 2008 meeting schedule to delete Budget Hearings on June 11, 12 and 13 with a Board meeting at 9:00 a.m. on June 17, and move the December 2, 2008 Board meeting to December 9, 2008, and add a meeting on November 18, 2008 45. Approve and authorize non-funding termination of a lease with Boyd Professional Center for office space at 275 S. Madera, Suite 103, Kerman, and authorize the Director of the Department of Children and Family Services to give written notice 46. Adopt resolution increasing appropriations and estimated revenues for the FY2007-08 Department of Children & Family Services Org. 5641 in the amount of $1,840,135 (4/5 vote); Approve and authorize the Clerk to the Board to execute Budget Transfer No. 36 for FY 2007-08 Department of Children & Family Services Org. 5641 in the amount of $600,000 47. Approve and authorize the Chairman to accept a retroactive Award from the California Department of Public Health for the Local Public Health and the Built Environment Project ($4,999)
Page 7 48. Adopt Budget Resolution increasing appropriations and estimated revenues in the FY 2007-08 Mental Health Services Act Org. 5667 in the amount of $30,388 to support 2 new positions (4/5 vote); approve the Salary Resolution Amendment as shown on Appendix "C", on file with the Clerk to the Board, to add one FTE MHSA Financial Analyst position and one FTE Diversity Services Coordinator position to the Mental Health Services Act- Administration Org. 5667, effective May 19, 2008 Waive Competitive Bidding Process Consistent with Administrative Policy No. 34 49. Find that unusual and extraordinary circumstances exist such that it is in the best interest of the County to suspend competitive bidding and negotiate contracts as necessary to remediate, restore and reconstruct County property in the most effective manner possible. Authorize the Director of General Services to negotiate and execute agreements and other documents necessary for the remediation, restoration and reconstruction of the North Annex Jail. Adopt Resolution increasing appropriations and revenue of the FY 2007-08 Facility Services Org. 0135 in the amount of $350,000 (4/5 vote) Agreements - Approve and Authorize Chairman to Execute 50. Extension of Right of Entry for Survey and Exploration Agreement for thirty-six months with the United States of America to conduct an investigation by the U. S. Army Corps of Engineers to locate and remove below ground fuel tanks installed by the military during World War II on the fair grounds and Fleet Services yard 51. "AGREEMENT TO DEFEND PUBLIC OFFICERS OR EMPLOYEES" for the employees listed: Elizabeth Egan, District Attorney, as named in Northern District of California Case No. CV 07-02890 EMC Gregory Morris v. County of Fresno, et al. 52. "AGREEMENT TO DEFEND PUBLIC OFFICERS OR EMPLOYEES" for the employees listed: Julie Hornback, Director, as named in Eastern District of California Case No. 1:07CV972AWIDLB Janetta Sconiers v. County of Fresno, et al. 53. "AGREEMENT TO DEFEND PUBLIC OFFICERS OR EMPLOYEES" for the employees listed: Eric Broughton, Sheriff s Sergeant; Kathy Carreiro, Sheriff s Sergeant; Robert Carey, Deputy Sheriff III, as named in Superior Court of California Case No. 07CECG02355 Hillblom, et al.v. County of Fresno, et al. 54. "AGREEMENT TO DEFEND PUBLIC OFFICERS OR EMPLOYEES" for the employees listed: Margaret Mims, Sheriff, Robert Osborn, Correctional Sergeant, Lawrence Morris, Correctional Sergeant, Jeffrey Lockie, Correctional Sergeant, Mitchell Redondo, Correction Officer IV, and Victor Prado, Correctional Officer III, as named in United States District Court Eastern District Case No. 1:07-CV- 00320-AWI-WMW James R. Briscoe, III v. County of Fresno, et al. 55. Retroactive revenue Agreement with the California Environmental Protection Agency for Aboveground Petroleum Storage Act grant funds ($150,120.28) 56. Mental Health Services Act Housing Program Assignment Agreement with the State Department of Mental Health ($9,248,900)
Page 8 57. Amendments to Agreements with Primer Paso Institute, Inc. - A-07-249 ($201,000), Tower Recovery Center, Inc. - A-07-250 ($107,266), Fresno New Connections - A-05-266 ($201,300), Sierra Education & Research- Family & Vocational Counseling- A-07-024 ($186,000), Westcare California, Inc. - A-07-043 ($90,000), Westcare California, Inc. - A-07-022 ($163,062), and Turning Point of Central California - A-07-025 ($57,000), with the following Substance Abuse & Crime Prevention Act of 2000 (Proposition 36) providers ($1,005,628) Afternoon Consent Agenda
AFTERNOON CONSENT AGENDA Item Numbers 58 68 (Any Board Member may pull any consent item for discussions on separate vote) Administrative Office Page 9 58. Amend FY 2007-08 Action Plan to cancel City of Kingsburg 20th Avenue Sidewalks, Curb & Gutter Improvements Project ($129,231) and add City of Kingsburg 19th Avenue Sidewalks, Curb & Gutter Improvements Project - Phase II ($133,437) 59. Approve and authorize Clerk to execute Budget Transfer No. 32 ($4,164) from Contingencies in FY 2007-08 for County Service Area No. 2, Tenaya Estates, Org 9142 for maintaining and operating Tenaya Park; and adopt budget resolution increasing FY 2007-08 appropriations by $6,195 from General Reserves for County Service Area 2, Tenaya Estates, Org 9142 (4/5 vote) 60. Approve and authorize Clerk to execute Budget Transfer No. 34 ($30,685) from Contingencies in FY 2007-08 for County Service Area No. 31-B, Central Shaver Lake, Org 9166 for maintenance and operations of sewer district; and adopt budget resolution increasing FY 2007-08 appropriations from General Reserves for County Service Area No. 31-B, Org 9166 in amount of $84,885 (4/5 vote) 61. Adopt budget resolution increasing FY 2007-08 appropriations by $19,623 from General Reserves for Maintenance District No. 1, Millerton Lake Park Estates, Org 9359, for district improvements (4/5 vote) 62. Accept on behalf of Quail Lake LLC, Grant Deed conveying Easement for Operations and Maintenance of Recharge Facility across Outlot "V" of Tract Map No. 5345 63. Approve Sewer System Management Development Plan and Schedule and authorize Department of Public Works and Planning to certify completion for ten Special Districts and Juvenile Justice Campus 64. Adopt resolution approving submittal of application for grant funds in amount of $78,938 from Federal Save America's Treasures Program; and authorize Director of Department of Public Works and Planning to execute all grant documents 65. Award Contract No. 07-02-C, Academy Avenue Road Construction, California Avenue to State Route 180, to low bidder, Emmett's Excavation Inc., 1477 Menlo Avenue, Clovis in total bid amount of $3,130,896.30 66. Approve and authorize Clerk to execute Budget Transfer No. 37 to transfer $300,000 from Contracts-Roads Acct 7370, Org 4510 to Rights-of-Way Account 7880, Org 4510 for increased right-of-way settlement costs 67. Determine that Real Property is no longer necessary for County or other public purposes, approve Sale of Real Property and authorize Chairman to execute Grant Deed for County owned property at intersection of Herndon Avenue and Dickenson Avenue for $2,000 to Frank L. Saviez and Alice J. Saviez, Trustees of Frank and Alice Saviez Living Trust created under Declaration of Trust dated June 9, 1995
Page 10 Agreements - Approve and Authorize Chairman to Execute 68. Agreement with Wildlife Conservation Board and Kings River Conservancy to allow Kings River Conservancy to receive grant funds in amount of $124,000 for design and construction of boat launch facility at County property located at Highway 180 and Kings River