Pledge of Allegiance s2
Page 2
Tuesday
April 22, 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. Consent Agenda - Item Numbers 20 – 56
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. Presentation of Retirement Plaque to Edward Kowalczyk - Department of Behavioral Health Adult Services - 32 years of service
4. Proclaim April 24, 2008, as the 93rd Anniversary of the Armenian Genocide in Fresno County
5. Proclaim April 25, 2008 as "Mickey Rooney Day" in Fresno County in honor of Mickey Rooney, an American icon and star of stage, screen and television
Supervisor Case
6. Adopt a resolution proclaiming April 27 through May 3rd as "Celebrate Volunteers" Week in Fresno County and Congratulate the Volunteer Center of Fresno County on their 40th Annual Volunteer of the Year Awards Luncheon
Supervisor Waterston
7. Discuss Sober Living Facility on McCall Avenue
County Counsel
8. Adopt resolution set forth in Attachment A revising the Procedural Rules Governing Hearings Before the Fresno County Board of Supervisors, Planning Commission, and Board of Review in Planning, Zoning, and Subdivision Matters. This resolution removes the current prohibition against receipt of verbal ex parte communications and requires disclosure of any ex parte communications at the hearing on the matter; or take no action, making no revisions to the Procedural Rules Governing Hearings Before the Fresno County Board of Supervisors, Planning Commission, and Board of Review in Planning, Zoning and Subdivision Matters
Administrative Office
9. Consider disposition of $212,822.03 in FY 2006-07 HR 2389 Title III - County Resource Project funds as follows: Select projects that offset County general fund costs, such as the Sheriff's Dept. Search & Rescue activities and direct staff to proceed with public notice of recommended projects for the required 45-day public review prior to final project approval
10. Approve update to the Master Plan for the Juvenile Justice Campus
11. Receive presentation from Council of Fresno County Governments on San Joaquin Valley and Fresno County BLUEPRINT planning process and provide input to Council of Fresno County Governments staff and direction to staff as appropriate
12. Board of Supervisors' Committee Reports - Receive and provide direction (this item reserved for committee reports by members of the Board of Supervisors)
13. Board Appointments - (List attached in packet and available at Clerk to Board's Office)
14. Closed Session
a. Conference with legal counsel - Existing Litigation; Government Code section 54956.9(a); Randy Tosi et al v. County of Fresno; Oliverio Herrera v. County of Fresno; Fifth District Court of Appeal No. F053706
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 Real Property Negotiator, Government Code section 54956.8. Property: Assessor's Parcel Numbers 340-060-34 and 340-060-39, located at 5160 S. Chestnut Avenue, Fresno, CA. County Negotiator: Alan Weaver, Director of Department of Public Works and Planning. Negotiating Party: Mandeep Sidhu, property owner. Instructions to County's Negotiator will concern price and terms in connection with above described property
d. Conference with Real Property Negotiator, Government Code section 54956.8. Property: Assessor's Parcel Numbers 056-020-64S (5083 E. Elkhorn Avenue, Selma, CA), 056-020-17S (no address), 056-020-14S (17699 S. Clovis Avenue, Laton, CA), 056-020-16S (no address), 056-020-21 (no address), 056-020-19 (18053 S. Clovis Avenue, Laton, CA), 056-020-23S (18053 S. Clovis Avenue, Laton, CA), 056-020-20S (18046 S. Clovis Avenue, Laton, CA), 056-020-25S (no address), 056-020-59S (no address), 056-020-68S (no address), 056-020-18S (no address), and 056-020-43S (no address). County Negotiator: Alan Weaver, Director of Department of Public Works and Planning. Negotiating Parties: Michael and Jonette Crowell, Dalip and Virpal Nijjar, Jack and Sharon Caldwell, Jean Adams, Trudy Duyst, Delbert and Virginia Cooper, Jesse Silva, and Redwood Farms, Inc. and Ballantine Produce Company property owners. Instructions to County's Negotiator will concern price and terms in connection with above described properties
e. Conference with legal counsel - Existing Litigation; Government Code section 54956.9(a); County of Fresno v. Valley Group Homes, Inc; FSC Case No. 07CECG00421
f. Conference with legal counsel - Existing Litigation; Government Code section 54956.9(a); County of Fresno v. John Wendell Simpson, et al.; Fresno County Superior Court Case No. 06CECG03056
NOON RECESS
2:00 P.M.
Administrative Office
15. Conduct public hearing for proposed reissuance of Refunding Certificates of Participation for the refinancing of the Rio Bravo Fresno biomass conversion facility located in an unincorporated area of Fresno County, known as Malaga and adopt Resolution approving reissuance of Refunding Certificates of Participation by the California Statewide Communities Development Authority for the Rio Bravo Fresno biomass conversion facility
16. Acknowledge receipt and consider all sealed bids and call for oral bids for sale of property located at 1417 and 1485 N. Academy, Sanger; and adopt resolution approving sale of County owned excess property and authorize Chairman to execute grant deed and other related documents to successful bidder, if any
17. Conduct public hearing to receive testimony from citizens on proposed County community development, housing and emergency shelter grant programs; approve 2008-09 Action Plan including uses of Community Development Block Grant, HOME Investment Partnerships Program Grant, and Emergency Shelter Grant funds; authorize Director of Public Works and Planning to execute Standard Form 424, Certifications, and Entitlement Grant Agreements for Community Development Block Grant and HOME Investment Partnerships Program Grant; and authorize Director of Department of Children & Family Services to execute Standard Form 424, Certification, and Entitlement Grant Agreement for Emergency Shelter Grant
18. Receive report regarding activities of the Board's Executive Budget Committee and provide direction to staff on the budget process
19. 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 6, 2008 - 9:00 AM
May 20, 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.
Consent Agenda
CONSENT AGENDA – Item Numbers 20 – 56
(Any Board Member may pull any consent item for discussions on separate vote)
Board of Supervisors
20. Approve minutes of April 8, 2008
Chairman Perea
21. Adopt Resolution recognizing Reverend Walt Parry, longtime Executive Director of Fresno Metro Ministry, for his contributions to better the Fresno Community by working toward systems and policies to create access to healthcare, clean air, improved nutrition and great respect for the community's multicultural richness
Supervisor Case
22. Adopt Resolution recognizing the City of Kingsburg as it celebrates its 100th Year Anniversary
Auditor-Controller/Treasurer-Tax Collector
23. Approve the Salary Resolution Amendment as shown on Appendix “E”, on file with the Clerk to the Board, effective May 5, 2008. The recommended action will increase the allocation of Accountant Trainee position by two. This action does not increase the total number of positions
County Clerk/Registrar of Voters
24. Approve and Authorize Chairman to execute Amendment III to Agreement 05-106 with Loss Protection and Investigations, Inc., for offsite shredding of confidential documents and destruction of confidential information media ($218,588)
District Attorney
25. Approve and authorize Chairman of the Board to execute amended Grant Agreement for continued funding of Victim Restitution Program with California Victim Compensation and Government Claims Board, including any extensions or amendments thereof ($119,131.64)
Sheriff
26. Adopt resolution increasing appropriations and estimated revenue FY 2007-08 for Sheriff Org. 31151702 in the amount of $25,311.13 (4/5 vote); and approve Salary Resolution Amendment, Appendix "D" adding one Deputy Sheriff II (Range 1938)
27. Make a finding that it is in the best interest of the County to waive the competitive bidding process consistent with Administrative Policy No. 34 under the "unusual or extraordinary circumstances" provision for the acquisition of the IES Interactive Systems MILO Simulator; approve and authorize Clerk to the Board to execute Budget Transfer No. 31 for FY 2007-08 for Sheriff Org. 31111225 in the amount of $60,670
28. Approve and authorize Chairman to sign Boating Safety & Enforcement contract with State of California, Department of Boating & Waterways, for FY 2008-09 ($452,764); and authorize Sheriff, or authorized representative, to sign quarterly claims for reimbursement and annual activity reports
County Counsel
29. Approve and authorize County Counsel to file proposed judgment increasing payment in Academy Avenue eminent domain case (County v. Postajian) by $6,756 (or $1,831 over County's updated appraisal) in just compensation
Administrative Office
30. Adopt Resolution increasing the FY 2007-08 Department of Agriculture Org. 4010 appropriations in the amount of $320,888 and decreasing the Designation for Compensated Absences in the amount of $320,888 to offset the cost of annual leave payouts in FY 2007-08 (4/5 vote)
31. Approve and authorize the retroactive submission of an application to First 5 Fresno County for grant funds for the Nurse-Family Partnership Program ($702,000)
32. Approve and authorize submission of request to dedicate Mental Health Services Act Community Services and Supports funding to a Local Prudent Reserve in order to ensure program sustainability during years where funding for the Mental Health Services Act is insufficient to maintain service levels ($3,655,169)
33. Approve addition of 38 positions as identified in amendment to Fresno County Salary Resolution, Appendix "F"; and adopt resolution increasing FY 2007-08 appropriations and estimated revenues for Department of Employment and Temporary Assistance Org. 5610 in the amount of $328,679 (4/5 vote)
34. Approve and authorize Clerk to the Board to execute Budget Transfer No. 29 for FY 2007-08 Department of Employment & Temporary Assistance Orgs 56108550 and 56107001 to reconfigure County telephone system to accommodate new building locations ($179,565); and adopt Resolution increasing FY 2007-08 appropriations and estimated revenues for Information Technology Services Department - Telecommunications Equipment Org 8931 in the amount of $179,565 (4/5 vote)
35. Approve and authorize Clerk to the Board to execute Budget Transfer No. 20 for Library to purchase furniture, equipment and services to comply with directives of Library Measure "B" sales tax initiative ($777,051); and adopt Resolution decreasing FY 2007-08 Library Measure "B" Capital Projects Org 7530 appropriations in the amount of $1,538,354 to adjust appropriations for capital projects to the planned level for FY 2007-08
36. Adopt Salary Resolution, Appendix "C", adding two Account Clerk positions to Fresno County Employees' Retirement Association Org. 9200
37. Consider and approve release of Surety Bond posted in amount of $27,300 to guarantee maintenance of improvements for Tract 4932
38. Adopt resolution requesting reimbursement in amount of $2,351,000 from Fresno County Transportation Authority for legal fees and settlement costs associated with Academy Avenue Reconstruction - State Route 180 to Barstow Alignment Project; and approve express and limited waiver of attorney-client privilege, and release to public, of Board Legal Report dated April 1, 2008 including attached report by outside counsel on settlement of above referenced litigation dated March 27, 2008
39. Adopt resolution authorizing loan of funds in amount of $981,300 from County General Fund to County Service Area 51 Domestic Water System Fund; approve transfer of $981,300 within County General Fund from Designation for Compensated Absences to Reserve for Advances to County Service Areas in order to provide funding for loan to County Service Area 51 Domestic Water System Fund; and adopt budget resolution increasing FY 2007-08 appropriations for County Service Area 51 Domestic Water System, Org 9315 in amount of $981,300 using available proceeds of loan from County General Fund (4/5 vote)
40. Approve project list submitted to Council of Fresno County Governments as County candidate projects for competitive regional and Lifeline 2009 Federal Transportation Act Congestion Mitigation and Air Quality Program and Lifeline Regional Surface Transportation program funding; and adopt resolution for supporting and implementing timely use of funding
41. Approve refund from General Fund, Contingency Fund, Org 8210 to County Service Area No. 34-A, Brighton Crest for overcharge plus interest in amount of $84,417.93 and authorize Auditor-Controller/Treasurer-Tax Collector to implement transaction; and adopt budget resolution increasing appropriations and estimated revenues for FY 2007-08, County Service Area No. 34-A, Org 9181 in amount of $84,417.93 (4/5 vote)
42. Adopt resolution approving Special Tax amounts, but not levying such Special Tax, on property within Community Facilities District No. 2005-01 for Police Protection Services in Ventana Hills Estates, Tract No. 5100, for FY 2007-08; and authorize Auditor-Controller/Treasurer-Tax Collector to establish fund/subclass for depositing Special Tax