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
Judith G. Case
Phil Larson
Susan B. Anderson
Henry Perea
Bob Waterston
4th District
1st District
2nd District
3rd District
5th District
Bart Bohn
Dennis A. Marshall
Bernice E. Seidel
County Admin. Officer
County Counsel
Clerk
ACTION SUMMARY MINUTES
TUESDAY
MAY 3, 2005
9:00 AM
PLEDGE OF ALLEGIANCE
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.
Morning
1.
Morning Consent Agenda - Item Numbers 34 - 48
- (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
APPROVED AS RECOMMENDED
PLAnWC
Chairman Case
2.
Presentation of Retirement Plaque to Richard Albert - Public Works and Planning
Department, 23 years of service
PRESENTED
3.
Presentation of Retirement Plaque to Phillip Sanchez - Public Works and
Planning Department, 30 years of service
PRESENTED
4.
AnLPWC
R-05-201
APPROVED AS RECOMMENDED
5.
LAnPWC
Adopt resolution recognizing the week of May 6th through 12th as National
Nurses Week in Fresno County
Proclaim the month of May 2005 as Veterans Appreciation Month in Fresno
County
APPROVED AS RECOMMENDED
Equal Employment Opportunity - Affirmative Action - Disabled Employer
Internet www.co.fresno.ca.us/0110/agenda.asp
R-05-202
Page 2
6.
Proclaim the month of May 2005 as Older Americans Month in appreciation of
the invaluable contributions made by seniors to their respective communities
R-05-203
APPROVED AS RECOMMENDED
WLAnPC
7.
Adopt a resolution supporting the Agriculture Industry Standards for the
Mexicana International Flights into Fresno Yosemite Airport
R-05-204
APPROVED AS RECOMMENDED
LAnPWC
8.
Discuss and reaffirm Board of Supervisors’ position in opposition of Senate Bill
(SB) 999 (Machado)
R-05-205
MOTION TO SUPPORT LEGISLATION TO ADD EXPERTISE (PARTICULARLY IN THE
URBAN TRANSPORTATION, PLANNING AND HEALTH AREAS),TO INCLUDE INPUT FROM
THE BOARD OF SUPERVISORS FROM EACH COUNTY ON APPOINTMENTS, AND ADD
HEALTH EXPERT SEATS TO THE COMMUNITY ADVISORY COMMITTEE; ADDITIONALLY
TO DESIGNATE SEATS FOR THE SAN JOAQUIN VALLEY ON THE CALIFORNIA AIR
RESOURCES BOARD - FAILED TO PASS;
AnP
LWC/no
PAnC
LW/no
CONTINUED ITEM TO MAY 17, 2005, FOR FURTHER DISCUSSION
Supervisor Perea
9.
Proclaim May 2005 as National Mental Health Month in Fresno County
R-05-206
APPROVED AS RECOMMENDED
PAnLWC
Supervisor Waterston
10.
WLAnPC
Adopt resolution designating May 2005 as Water Safety Month and present
resolution to Water Safety Council Members
R-05-207
APPROVED AS RECOMMENDED
Sheriff
11.
LAnPWC
Conduct first hearing to consider amending the Fresno County Master Schedule
of Fees, Charges and Recovered Costs Ordinance by amending Section 2609 of
Title 2600 relating to Sheriff Contract Service fees; waive reading of ordinance in
its entirety and set second hearing for May 17, 2005
APPROVED AS RECOMMENDED
12.
Accept verbal update on an offer by the California Highway Patrol to increase
traffic enforcement on rural roads
RECEIVED
Administrative Office
13.
LAnPWC
R-05-208
APPROVED AS RECOMMENDED
14.
AnLPWC
Proclaim May 9 through 13, 2005, as Juror Appreciation Week
Proclaim May 2005 as Foster Parent Appreciation Month
R-05-209
APPROVED AS RECOMMENDED
Page 3
15.
Accept the Board of Retirement's recommended rates of contribution in
accordance with the actuary's recommendation included in the actuarial valuation
report as of June 30, 2004
APPROVED EMPLOYER CONTRIBUTION RATES AND CONTINUED EMPLOYEE
CONTRIBUTION RATES FOR FURTHER DISCUSSION TO MAY 17, 2005
AnLPC
W/ab
16.
Approve the use of County Current Service Reserve to fund the Supplemental
Cost of Living Benefits at their current level
RECOMMEND TO THE RETIREMENT BOARD THAT COST-OF-LIVING BENEFITS FOR A
SPECIFIC PERIOD OF TIME BE FUNDED WITH THE EXCESS RETIREE HEALTH BENEFIT
FUNDS OR SALE OF OTHER ASSETS INCLUDING REAL PROPERTY AND THAT RETIREES
BE NOTIFIED OF THE SPECIFIC PERIOD OF TIME FOR BENEFITS TO CONTINUE
AnLPWC
17.
PAnLWC
Adopt Board Policy No. 54 - Centralized Personnel Services and Related
Transfer of Personnel Functions
APPROVED AS RECOMMENDED
18.
Receive verbal status report from the ad-hoc committee to review and advise the
Board regarding Adult and Children Mental Health and Health Department
strategies for the current year and 2005-06
DIRECTED STAFF TO FILL THE INTERIM POSITIONS FOR MENTAL HEALTH DIRECTOR
AND BEHAVIORAL HEALTH DIRECTOR WITH CONCURRENCE OF THE AD-HOCCOMMITTEE AND TO INCLUDE THE 10 PERCENT TRANSFER OF MENTAL HEALTH
FUNDS IN THE PROPOSED BUDGET
CONSENSUS
19.
Adopt Salary Resolution, Appendix “C”, adding two Defense Attorney I positions
(Range 1600) and one Office Assistant II (Range 843) position to Public
Defender Org. 2880
CONTINUED ITEM TO THE NEXT BOARD MEETING
CONSENSUS
20.
Adopt budget resolution transferring FY 2002-03 and FY 2003-04 appropriations
in the Capital Projects Org. 1910 to the FY 2004-05 Alternate Indigent Defense
Org. 2875 in the total amount of $199,000 for extraordinary costs associated with
a capital case (4/5 vote)
APPROVED AND DIRECTED STAFF TO BUDGET APPROPRIATELY FOR LINE ITEM 7295
IN BUDGET UNIT 2875 FOR FY 2005-06
AnLWC
P/no
County Counsel
21.
Conduct workshop on conflicts of interest and related issues
CONTINUED ITEM TO MAY 10, 2005
CONSENSUS
22.
Board of Supervisor's Committee Reports - Receive and provide direction (This item
reserved for committee reports by members of the Board of Supervisors)
CONTINUED ITEM TO THE NEXT BOARD MEETING
CONSENSUS
23.
Board Appointments - (List attached in packet and posted on bulletin board outside of
Board Chambers)
CONSENSUS
S-05-022
CONTINUED ITEM TO THE NEXT BOARD MEETING
R-05-210
Page 4
24.
Closed Session -
Closed Session -
a. Conference with legal counsel - Existing Litigation, Government Code section
54956.9(a) - NMSBPCSLDHB v. County of Fresno, Fresno Superior Court
Case No. 02 CE CG 02025
b. Conference with legal counsel - Existing Litigation Government Code Section
54956.9(a) - John M. Sobaje v. Fresno County Board of Supervisors, Fresno
Superior Court Case No. 05 CE CG 00979
c. Conference with Labor Negotiator (GC 54957.6): Agency Negotiator: Ralph
Jimenez; Employee Organization: All Bargaining Units and Management and
Unrepresented Employees - Hours, Wages and Terms and Conditions of
Employment
d. Conference with legal counsel - Significant Exposure to Litigation
Government Code section 54956.9(b) - No. of Cases: 2
HELD
NOON RECESS
Page 5
2:00 PM
25.
Afternoon Consent Agenda - Item Numbers 49 - 57
- (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
APPROVED AS RECOMMENDED WITH CORRECTION TO ITEM NO. 57
PAnLWC
Administrative Office
26.
CONSENSUS
27.
Receive presentation and provide input on proposed uses of Selma-KingsburgFowler (SKF) County Sanitation District-owned land for various community
activities
RECEIVED REPORT AND SUPPORTED THE STUDY
Authorize and allocate $35,000 to hire MuniFinancial to conduct County-wide
analysis and prepare report for County-wide application of Mello-Roos tax rate on
new development; and authorize use of tax formulation method used for
Community Facilities District No. 2005-01 (Tract No. 5100) for Tract Nos. 4773,
5218, 5506 and 5322 for additional Mello-Roos Community Facilities Districts
prior to completion of County-wide tax rate study
AnLPWC
APPROVED RECOMMENDED ACTION NO. 1 OF AGENDA ITEM
PWLC
An/no
APPROVED RECOMMENDED ACTION NO. 2, WITH EXCEPTION OF UTILIZING THE
PROPOSED TAX FORMULATION METHOD FOR TRACT NO. 5322; CONTINUED
DISCUSSION OF PROPOSED TAX FORMULATION METHOD FOR TRACT NO. 5322 TO MAY
10, 2005; AND DIRECTED STAFF TO DEVELOP POLICY OPTIONS RELATED TO FUNDING
OF LAW ENFORCEMENT SERVICES FOR AFFORDABLE HOUSING PROJECTS
28.
RECEIVED REPORT AND DIRECTED STAFF NOT TO PROCEED WITH THE
ENVIRONMENTAL IMPACT REPORT (EIR) FOR PROPOSED RECONSTRUCTION WITH A
BYPASS ALTERNATIVE ALIGNMENT
WPAnLC
29.
PWAnLC
Receive report from staff regarding deprogramming of Federal funds for
reconstruction of Huntington Lake Road and get direction regarding the
preparation of environmental impact report for proposed reconstruction with a
bypass alternative alignment
Consider presentation and request from City of Clovis for modification to
City/County Memorandum of Understanding for proposed Harlan Ranch
annexation and direct staff accordingly
CONSIDERED PRESENTATION AND REQUEST FROM THE CITY OF CLOVIS (CITY) AND
DIRECTED STAFF TO WORK WITH THE CITY TO NEGOTIATE A SEPARATE TAX SHARING
AGREEMENT FOR THE ANNEXATION OF THE PROPOSED HARLAN RANCH PROJECT.
PART OF THE TAX SHARING AGREEMENT SHALL REQUIRE CITY TO DEVELOP A PLAN
TO ADDRESS THE EXISTING UNINCORPORATED PROPERTIES THAT INTERVENE
BETWEEN THE CURRENT CITY-LIMIT BOUNDARY AND THE PROPOSED HARLAN RANCH
ANNEXATION, AS DEPICTED IN EXHIBIT "4" OF THE AGENDA ITEM. TOPICS TO BE
ADDRESSED IN THE PLAN SHALL INCLUDE FUTURE ANNEXATION AND POTENTIAL
DELIVERY OF FIRE, POLICE, WATER/SEWER AND ROAD MAINTENANCE SERVICES TO
THESE PROPERTIES
Page 6
30.
Consider request from Clovis Unified School District and determine that
proposed acquisition of 18.80-acre site for new elementary school does not
conform to Fresno County General Plan
CONSIDERED REQUEST FROM CLOVIS UNIFIED SCHOOL DISTRICT AND DETERMINED
THAT THE PROPOSED ACQUISITION OF 18.80-ACRE SITE FOR NEW ELEMENTARY
SCHOOL DOES NOT CONFORM TO FRESNO COUNTY GENERAL PLAN
WLAnPC
31.
CONSENSUS
32.
CONSENSUS
33.
Receive verbal update on project status of State Route 180, Hughes-West to
Brawley; and recommend course of action to Fresno County Transportation
Authority
CONTINUED ITEM TO MAY 10, 2005
Receive verbal progress report from Tom Jones (WORx) on review and analysis
of certain Department of Public Works and Planning functions
CONTINUED ITEM TO MAY 10, 2005
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
Provide direction to staff regarding the following proposed actions for management of
American Avenue Disposal Site ("Site") Enterprise Fund; Authorize redemption of
outstanding Site revenue bonds in approximate amount of $12,005,400; authorize staff
to work with Auditor-Controller to validate proposed reduction in general refuse tipping
fee from $28.80 per ton to $21.25 per ton; and authorize staff to develop a process to
refund approximately $25,059,600 from reserves to cities /County that delivered waste
to the Site
Placement on Agenda: To Follow Item 32
AnLPC
W/ab
APPROVED RECOMMENDED ACTION NOS. 1 AND 2 OF AGENDA ITEM. CONTINUED
RECOMMEND ACTION NO. 3 OF AGENDA ITEM TO MAY 17, 2005
Supervisor Perea
Proclaim May 3, 2005, as Fresno County Peace Officers’ Memorial Day and the week of
May 15 through May 21, 2005, as National Police Week
Placement on Agenda: To Follow Item 9
PLAnWC
APPROVED AS RECOMMENDED; DATES WERE REVISED ON THE RECORD TO DATES NOTED
ABOVE. DATES FOR NATIONAL POLICE WEEK SHOULD BE MAY 13 THROUGH MAY 21, 2005
INSTEAD OF MAY 8 THROUGH MAY 14, 2005
Administrative Office
Receive verbal report on Community Medical Center
Placement on Agenda: To Follow Item 21
RECEIVED REPORT
R-05-217
Page 7
SPECIAL ITEM NOT INCLUDED ON POSTED AGENDA
APPROVED REQUEST TO TAKE ACTION ON CLOSED SESSION ITEM NOT INCLUDED ON
POSTED AGENDA, FINDING THE NEED FOR ACTION AROSE AFTER POSTING OF THE AGENDA
WLPAnC
AnLPWC
Conference with Real Property Negotiator (Gov. Code, Sec. 54956.8)
Properties: Proposed Juvenile Delinquency Courthouse for the County's Juvenile
Justice Campus at 3333 E. American Avenue, Fresno ("New Courthouse"); and
Juvenile Courthouse at 742 S. 10th Street, Fresno ("Existing Courthouse").
County's negotiator: Bart Bohn, County Administrative Officer
Negotiating parties: County and the Judicial Council of California, Administrative Office
of the Courts (the "AOC").
THE BOARD OF SUPERVISORS, BY UNANIMOUS VOTE, TOOK ACTION TO ADD TO THE
REGULAR P.M. SESSION THE ABOVE CLOSED SESSION ITEM
CONSIDER AND TAKE ACTION ON PROPOSED AMENDMENTS TO JUVENILE DELINQUENCY
COURTHOUSE TERM SHEET
AnLPWC
APPROVED AS RECOMMENDED
LCAnP
W/ab
ADJOURNED
NEXT MEETINGS:
May 17, 2005 - 9:00 A.M.
May 24, 2005 - 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.
Page 8
MORNING CONSENT AGENDA – Item Numbers 34 - 48
(Any Board Member may pull any consent item for discussion or separate vote)
APPROVED AS RECOMMENDED
PLAnWC
Supervisor Case
34.
Adopt resolutions recognizing the 2005 Nurse of the Year Award Winners from
the Central Valley Coalition of Nursing Association:
a.
b.
c.
d.
35.
Cindy Joy-McCoy in the category of Administration
Bernice Algots in the category of Clinical Practice
Andrea Lee in the category of Advanced Practice
Louise Layous Paulsen RN, MSN, CNP in the category of Education
Proclaim April 29, 2005, as Eva Rosenbuam Day in Fresno County in
Recognition of her 101st Birthday
R-05-192
THRU
R-05-195
R-05-188
Supervisor Waterston
36.
Adopt Resolutions recognizing the achievement of Eagle Scout by Tyson
Freeman and Clifton McKinney
R-05-192
R-05-211
37.
Adopt Resolution designating Monday, May 16, 2005, as Hmong and Lao
American Veterans Memorial Day
R-05-197
Sheriff
38.
Adopt resolution transferring unspent grant funds in the amount of $2,944.61
from the FY 2003-04 Sheriff-Grants Org. 31121306 to the current fiscal year (4/5
vote); approve and authorize Clerk to execute Budget Transfer No. 62 in the
amount of $33,517 within the FY 2004-05 Sheriff-Grants Org. 31121306 for the
purchase of a vehicle and equipment
39.
Approve and authorize Chairman to execute the Federal Equitable Sharing
Agreement setting forth requirements for the Fresno County Sheriff's Department
participation in the federal equitable sharing program for three-years
40.
Approve and authorize Chairman to execute agreement with Cogent Systems,
Inc., for an Automated Fingerprint Identification System and Mug Photo System
effective upon execution and for one year thereafter not to exceed $2,300,912.19
for implementation and $138,193.80 annually for maintenance
R-05-198
A-05-129
A-05-130
Administrative Office
41.
Hold second hearing on ordinance to amend Fresno County Ordinance Code
Section 4.16.090 concerning the allocation of sales and use tax revenues
between the County and the City of Fresno
42.
Adopt Resolution Implementing Sections 31621.4, 31664.2 and 31676.16 of the
County Employees Retirement Law of 1937
O-05-005
R-05-199
Page 9
43.
Approve and authorize retroactive submission of a preliminary Application to the
State Department of Mental Health for Federal Stewart McKinney Projects for
Assistance in Transition from Homelessness (PATH) grant funds for FY 2005-06
($296,212); and approve and authorize the Director to sign Federal Certifications
and Assurances to meet State requirements
44.
Approve and authorize the Director, Department of Children and Family Services,
to execute a Letter of Fiscal Commitment required for the 2005-06 Federal
Children's System of Care Grant Application
45.
Approve the 2005-06 department Adjusted Target Budget level based on the
allocation of Countywide revenues included in the 2005-06 Proposed Budget
46.
Adopt resolution recognizing National Alliance for the Mentally III, "NAMIWALKS
for the Mind of America"
A-05-131
R-05-200
Agreements - Approve and Authorize Chairman to Execute
47.
Approve and authorize Chair to execute retroactive Agreement with the State
Department of Mental Health for State Psychiatric Hospital beds and services for
County of Fresno residents ($683,240)
48.
Application for Assistance Agreement with the California Department of
Homeland Security; and approve and authorize Clerk to execute Budget Transfer
No. 56 within the FY 2004-05 for the Department of Community Health's Org.
5620 in the amount of $55,000
Afternoon C ons ent Ag enda
A-05-132
A-05-133
Page 10
AFTERNOON CONSENT AGENDA – Item Numbers 49 - 57
(Any Board Member may pull any consent item for discussion or separate vote)
APPROVED AS RECOMMENDED WITH CORRECTION TO ITEM NO. 57
PAnLWC
Administrative Office
49.
50.
Adopt resolution authorizing submittal of application to USDA, Rural
Development for funding under Housing Preservation Grant Program ($92,108);
authorize Interim Director of Department of Public Works and Planning to
execute Housing Preservation Grant application and related documents
necessary for participation in Housing Preservation Grant Program; and, if
selected for funding, authorize Interim Director of Department of Public Works
and Planning to execute grant agreement, related documents and any
amendments thereto, subject to review of County Counsel and AuditorController/Treasurer-Tax Collector
Approve and authorize Clerk to execute Budget Transfer No. 57 ($4,097) in FY
2004-05 for County Service Area No. 35, Zone AG, Wildflower Village in Shaver
Lake, Org. 9206, for snow removal; and adopt Budget Resolution increasing FY
2004-05 appropriations from General Reserves for County Service Area No.
35AG, Org. 9206, ($10,903) (4/5 vote)
51.
Authorize Interim Director of Department of Public Works and Planning to
negotiate with a licensed general contractor to construct stand-alone 80-foot
antenna tower, foundation system and rack extension adjacent to Building 712 at
Juvenile Justice Campus
52.
Approve selection of Landscape Architectural Consultant firms to assist County
in completing various capital improvement projects; and authorize Department of
Public Works and Planning to negotiate agreements with these firms
53.
Adopt resolution revising number of miles of maintained Fresno County roads
(Exhibit B/Maps are on file with Clerk to the Board)
R-05-212
R-05-213
R-05-214
Agreements - Approve and Authorize Chairman to Execute
54.
Property Tax Sharing Agreement with City of Kerman for the Ken
Boyd/UPRR/May Annexation
A-05-134
55.
Subdivision Agreement and take actions listed for Tract No. 5403, Timber Ridge
II-Shaver Lake located on east side of Bretz Road, approximately two miles
south of Unincorporated Community of Shaver Lake
A-05-135
56.
Subdivision Agreement and take actions listed for Tract No. 5345, Quail Lake
Phase VIII located on south side of Shaw Avenue between McCall and Academy
Avenues
57.
Agreement with San Jacinto Equities, LLC; adopt Resolution of Intention for the
formation of Mello-Roos Community Facilities District for Bretz Mountain Village
subdivisions; and set public protest hearing for 2:00 p.m. on June 7, 2005
PUBLIC PROTEST HEARING DATE WAS REVISED ON THE RECORD TO DATE NOTED
ABOVE. DATE SHOULD BE JUNE 7TH INSTEAD OF JUNE 14TH
A-05-136
A-05-137
R-05-215