Pledge of Allegiance s5

Board of Supervisors Agenda

ChairmanVice ChairmanBob WaterstonHenry Perea Phil LarsonSusan B. AndersonJudith G. Case5th District3rd District1st District2nd District4th DistrictBart BohnDennis A. MarshallBernice E. SeidelCounty Admin. OfficerCounty CounselClerk Room 301, Hall of Records 2281 Tulare Street Fresno, California 93721-2198 Telephone: (559) 488-3529 Toll Free: 1-800-742-1011

TUESDAY

FEBRUARY 27, 2007

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. Morning Consent Agenda - Item Numbers 24 – 46 - 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 Waterston 2. Receive presentation on progress of Central Sierra Historical Society Museum 3. Adopt Resolution recognizing Fresno County's Employees of the Year

Supervisor Anderson 4. Adopt Resolution in support of the George Cajiga Organization and the Tor2ga Trot scheduled for May 20, 2007

Equal Employment Opportunity  Affirmative Action  Disabled Employer Internet www.co.fresno.ca.us/0110a/agenda.asp Page 2

5. Direct staff to hire an extra-help analyst(s) or secure contract services for six months to perform grant writing and assist County departments in taking advantage of 2007 Federal grant opportunities, and provide direction to staff regarding funding for grant writing services in the FY 2007-08

Supervisor Larson 6. Adopt Resolution in support of the African American 5 a Day Campaign

Supervisor Perea 7. Receive operational audit report for the Fresno Convention and Visitors Bureau

District Attorney 8. Conduct first hearing of changes to junk yard/itinerant dealer ordinances and adding ordinances regulating the transportation of metal and bees; waive reading of ordinance in its entirety and set second hearing for March 6, 2007

Administrative Office 9. Approve and authorize Chairman to execute the Amended and Restated Memorandum of Understanding among the County of Fresno, the City of Selma and the Selma Redevelopment Agency 10. Accept the Board of Retirement's recommended revised employee contribution rates for the remaining portion of the 2006-2007 fiscal year 11. Receive report on results of actuary study that determines the change in employer contributions associated with the adoption of Government Code (GC) Section 31625.3 of the County Employees' Retirement Law of 1937 for all current active General members; and provide direction to staff regarding adoption of GC Section 31625.3 12. Approve and authorize Chairman to execute a five-year Agreement with Electronic Data Systems Corporation to provide Mainframe Hosting Services for the Assessor/Recorder and the Auditor-Controller/Treasurer Tax Collector 13. Accept FY 2006-07 revenue from the State Indian Gaming Special Distribution Fund ($1,769,110.33); authorize deposit into the Indian Gaming Local Benefit Trust Fund (0112); and review and approve applications on behalf of Fresno County Departments to the Indian Gaming Local Community Benefit Committee for funding by the Special Distribution Fund 14. Approve amendment to the Salary Resolution (Appendix E) establishing the classification of Gang Task Force Coordinator (Band E) and allocate one position to the County Administrative Office Org. 0120, effective March 26, 2007 and provide direction to staff on funding for the Gang Task Force Coordinator position in the last quarter of the 2006-07 Fiscal Year 15. Board of Supervisors' Committee Reports - Receive and provide direction (This item reserved for committee reports by members of the Board of Supervisors) 16. Board Appointments - (List attached in packet and available at Clerk to Board's Office) Page 3

17. Closed Session -

Closed Session - a. 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 b. Pending Litigation, Government Code section 54956.9(a), Dennis Lewis v. County of Fresno, et al. c. Conference with legal counsel - Existing Litigation, Government Code section 54956.9(a), Oliverio Herrera, individually and dba International Recycling, INTERNATIONAL RECYCLING INC, a California corporation v. The County of Fresno, and Does 1 through 20 inclusive, and related cross action, Superior Court Case No. 06CECG03494MWS d. Conference with legal counsel - Existing Litigation, Government Code section 54956.9(a), County of Fresno v. Wilma Ball, et al., Fresno County Superior Court Consolidated Case No. 05CECG03927DSB e. Conference with legal counsel - Existing Litigation, Government Code section 54956.9(a), County of Fresno v. Robert Becker, et al., Fresno County Superior Court Case No. 05CECG03940DSB f. Conference with legal counsel - Significant Exposure to Litigation, Government Code section 54956.9(b), No. of Cases 1

Sitting as the IHSS Public Authority Governing Board

NOON RECESS Page 4

Afternoon 2:00 PM

18. Afternoon Consent Agenda - Item Numbers 47 – 59 - 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 19. Conduct Tax Equity and Fiscal Responsibility Act public hearing; hear oral presentation from a representative of the California Municipal Finance Authority (CMFA), a joint powers authority, regarding the issuance of tax-exempt conduit bonds for Allied Waste North America, Inc. (AW) and its affiliates, for the purpose of financing – in an amount not to exceed $125,000 – various projects located at the BFI Rice Road Transfer Station; adopt Resolution authorizing Chairman to execute the Joint Exercise of Powers Agreement with the CMFA, thereby allowing County to become a member of CMFA; and adopt Resolution approving the issuance of the revenue bonds by CMFA for AW, which approval is solely for the purpose of satisfying the requirements of the Internal Revenue Code 20. Conduct public hearing to consider and take action on resolution approving formation of Underground Utility District No. 66, Willow Avenue, from one-quarter mile south of Shepherd Avenue to Behymer Avenue 21. Adopt Initial Study Application No. 5636 and Ordinance approving Amendment Application No. 3757 to rezone 4.41-acre property from M-3 Conditional District to C-M Conditional District, located on southeast corner of intersection of Frazier and Auberry Roads 22. Adopt Resolution amending Schedule of Drainage Costs and Fees pursuant to Section 17.64.050 of County Ordinance Code and amending Storm Drainage and Flood Control Master Plan 23. 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)

2:00 PM

NEXT MEETINGS: March 6, 2007 – 9:00 A.M. March 13, 2007 – 9:00 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) 488-3529 no later than Monday at 9:00 a.m.

Morning Consent Agenda Page 5

MORNING CONSENT AGENDA – Item Numbers 24 – 46 (Any Board Member may pull any consent item for discussion or separate vote)

Supervisor Case 24. Adjourn in remembrance of Mr. William Cecil Rhodes – an avid volunteer known for his commitment to community service and civic duty. Mr. Rhodes proudly served in the U.S. military, as a member of the Reedley Volunteer Fire Department for 40 years, and as Mayor for the City of Reedley from 1964 to 1966. Mr. Rhodes will be remembered for his patriotism, love of God and country, and his love of family and friends 25. Adjourn in remembrance of Mrs. Violet Melkonian. Mrs. Melkonian and her husband Seren were long time farmers in the Lone Star area where they raised their four children. While a homemaker, Violet worked alongside her husband as a bookkeeper and secretary at their family businesses -Lone Star Dry Yard & Lone Star Dehydrator Company. Violet served as President of the Ani Guild of the California Armenian Home in Fresno. Violet’s hobbies included playing Bridge, cooking and crocheting. Her trade mark gift was a afghan she crocheted herself. Violet will be remembered for her love of family and friends

Auditor-Controller/Treasurer-Tax Collector 26. Approve reimbursement of a cash shortage in the amount of $131.85, which occurred at the Jail Release Unit of the Sheriff's Department 27. Adopt budget resolution increasing appropriations in FY 2006-07 Court Ancillary Services, Org. 2838, in the amount of $1,735,473 for payment to the State of California for under-remittance of Court and Recorder Index Fees; release the designations in the amounts of $670,271, from Contingencies Designation Org. 8210, and $603,570, from Budget Hearings Designation Account 2231; and increase unanticipated revenues for the FY 2006-07 Auditor-Controller/Treasurer Tax Collector Discretionary Revenues in the amount of $396,503,SB 90 mandates funding received, and $65,129, interest revenue (4/5 vote)

District Attorney 28. Authorize Chairman of the Board to execute retroactive grant agreement for the Alcohol-Related Injury Prosecution program with the Office of Traffic Safety, including any extensions or amendments thereof ($1,181,952); adopt Resolution increasing FY 2006-07 appropriations and estimated revenue for District Attorney-Grants, Org. 28623000, in the amount of $266,626 (4/5 vote); adopt Salary Resolution, Appendix "C", adding (2) Deputy District Attorneys, (1) Senior District Attorney Investigator, (1) Investigative Assistant, and (1) Office Assistant position to the District Attorney, Org. 28623000

Sheriff 29. Adopt Budget Resolution increasing FY 2006-07 appropriations and estimated revenue for Sheriff's Org. 3111, in the amount of $1,048,000 (4/5 vote) Page 6

Administrative Office 30. Conduct second hearing to consider amending the County of Fresno Maser Schedule of Fees, Charges, and Recovered Costs Ordinance by deleting Subsection 4301 and adding Subsections 4304-4314, Section 4300 – Information Technology Services; and waive the reading of all ordinances in their entirety 31. Approve Revisions to In-Home Supportive Services Advisory Committee Bylaws 32. Approve the selection of Burns & McDonnell Engineering Company Inc., as a qualified Energy Services Company (ESCo); authorize the Department of General Services to negotiate a guaranteed performance-based energy services contract "Contract" with that selected ESCo; authorize the Director of General Services to sign a Letter of Intent with the ESCo, which specifies certain minimum criteria for a proposed Contract and authorizes that ESCo to prepare a comprehensive energy analysis to determine baselines used to measure energy savings for the following County facilities: Brix-Mercer Building, Central Kitchen, Information Technology Services Department, and Probation Administration 33. Approve a salary resolution amendment which would increase the Senior Defense Investigator slots by two and the Supervising Office Assistant II slots by one 34. Adopt Budget Resolution increasing the FY 2006-07 appropriations and estimated revenues in the Department of Community Health, Org. 5620, in the amount of $106,589; and adopt Budget Resolution increasing the FY 2006-07 Internal Service Fund within Fleet Services, Org. 8911, appropriations and Estimated Revenues in the amount of $106,589 (4/5 vote) 35. Call a special election to fill the pending vacancy created by the resignation of William Storey as Safety Member Representative on the Board of Retirement 36. Adopt Resolution continuing local emergency status as a result of the January 2007 Freeze

Agreements - Approve and Authorize Chairman to Execute 37. "AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE" for the employees listed: Christian Curtice, Deputy Sheriff IV; Romeo Grajeda, Deputy Sheriff III; as named in claim of Tommy Allen, et al. v County of Fresno, et al. 38. Agreement with the California State Library for the Early Learning with Families Program ($5,000); and adopt Resolution increasing the FY 2006-07 Library Grants, Org. 75120266, appropriations and estimated revenues in the amount of $5,000 (4/5 vote) 39. Retroactive lease with Mohamed M. Muthana and Abdo M. Nagi, Fresno, for space at 521 W. Dakota, Fresno, to be used by the Library Literacy Service Center with a primary term of five years ($62,143), with an automatic annual renewal provision for an additional two (2) one-year lease periods 40. Amendment to the Memorandum of Understanding with Fresno County Superior Court for the provision of Substance Abuse and Crime Prevention Act and Post Conviction Drug Court Services ($21,279) Page 7

41. Amendments to Agreements for Promoting Safe and Stable Families Program Services, with the following Neighborhood Resource Center sites: Jefferson Elementary School, Burroughs Elementary School, and Carver Academy School 42. Retroactive Water Hyacinth Survey and Treatment Agreement with the California Department of Boating and Waterways 43. Master Agreement with Data Processing Professional Services for the Information Technology Services Department ($5,000,000) 44. Transfer Agreement between the County of Fresno and the Judicial Council of California, together with the Assignment, Assumption and Amendment of Lease, and Lessee Estoppel Certificate within the exhibits, to transfer the responsibility for the court facilities for the Superior Court of California, County of Fresno, Kingsburg Division, per SB 1732, Chapter 592, Statutes of 2003 as amended 45. Transfer Agreement between the County of Fresno and the Judicial Council of California, together with the Assignment, Assumption, and Amendment of Lease, and Lessee Estoppel Certificate within the exhibits, to transfer the responsibility for the court facilities for the Superior Court of California, County of Fresno, Fowler Division, per SB 1732, Chapter 592, Statutes of 2003 as amended 46. Retroactive amendment to the Leases with Fresno-Madera Agency on Aging to increase the janitorial charge for space used by the Departments of Employment and Temporary Assistance and Behavioral Health ($44,282), Sheriff ($422), Library ($868) and Probation ($200) all located at 2025 E. Dakota, Fresno

Afternoon Consent Agenda Page 8

AFTERNOON CONSENT AGENDA – Item Numbers 47 – 59 (Any Board Member may pull any consent item for discussion or separate vote)

Administrative Office 47. Accept grant of easement for road right-of-way from Kirk Martin Ringgold and Dia Michele Ringgold for right-of-way dedication under Site Plan Review No. 7542 at 32202 Lodge Road, Tollhouse 48. Accept Easement Deeds and approve Right-of-Way Contracts for Northwest Fresno Sidewalk for total monetary consideration of $4,870 49. Accept Easement Deed and approve Right-of-Way-Contract for Easton Sidewalk for total monetary consideration of $410 50. Accept Grant Deed and approve Real Estate Purchase Agreement for Academy Avenue from Manning Avenue to State Highway 180 for total monetary consideration of $270,000 51. Authorize Central Valley Harness Association to have horse drawn carriages in Kearney Park on May 20, 2007 52. Award contract to Floortec, Inc. for labor to replace carpeting at Selma, Talking Book, and Parlier Branch Libraries in amount of $22,423.88 53. Conduct second hearing to amend Section 11.16.010 of Chapter 11.16 of Title 11 of Fresno County Ordinance Code to permit angle parking on east side of Tenth Street cul-de-sac south of Jensen Avenue in community of Calwa and waive reading of Ordinance in its entirety 54. Authorize Director to submit application for High Risk Rural Roads Program

Agreements - Approve and Authorize Chairman to Execute 55. Agreement with Kings River Conservancy in maximum amount of $45,000 for design and construction of boat launch facility at County property located at Highway 180 and Kings River 56. Agreement with California Department of Transportation to exchange $268,108 of Federal funds for equal amount of non-Federal funds from State Highway Account for 2006 and claim $100,000 of State Match Program funds for 2006 57. Agreement with Daniel C. Smith and Associates to conduct Needs Assessment for Jail System 58. Road Improvement Financing Agreement with Northwest World Harvest Church to fund road improvements associated with construction of church located at 5242 N. Garfield Avenue 59. Cross Valley Canal Interim Renewal Contract