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 Bob Waterston Henry Perea Phil Larson Susan B. Anderson Judith G. 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 Tuesday NOVEMBER 6, 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 Morning 1. Morning Consent Agenda - Item Numbers 18 – 34 - 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 Supervisor Anderson 2. Recognize Arthur Jacob Rustigan for 101st birthday and induction into Fresno Fair Hall of Fame 3. Receive verbal status report on the Strategic Planning process and provide direction to staff Supervisor Larson 4. Authorize staff to negotiate a lease agreement with Edison Plaza Partners LP for a new 37,578 square foot office building, located on the south side of California Avenue between Walnut Avenue and Plumas Street, for the proposed West Fresno Regional Service Center at this leased facility Equal Employment Opportunity Affirmative Action Disabled Employer Internet www.co.fresno.ca.us/0110a/agenda.asp Page 2 Administrative Office 5. Receive verbal update report from Fresno County Federal Lobbyist, Alcalde & Fay; provide direction regarding Fresno County projects to be submitted for 2009 Federal Appropriations Request; and prioritize Fresno County's Federal 2009 appropriation requests for California Senators 6. Receive the Annual Report required by the Williams Lawsuit Agreement by Fresno County Schools 7. Receive report regarding projected savings in departmental Health Insurance accounts and direct the County Administrative Office to return to the Board no later than December 18, 2007 with Budget Transfers to remove net County cost savings of approximately $1.8 million from departmental appropriations, increase appropriations in the Contingency Budget in the amount of $1 million, set aside approximately $800,000 of the savings in the Interest and Miscellaneous Budget to allocate to departments if projected savings are not realized or to assist departments that assumed some of the savings in their salary savings plan 8. Board of Supervisors' Committee Reports - Receive and provide direction (This item reserved for committee reports by members of the Board of Supervisors) 9. Board Appointments - (List attached in packet and available at Clerk to Board's Office) 10. Closed Session a. 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 b. Conference with legal counsel - Initiation of Litigation, Government Code section 54956.9(c), No. of Cases: 2 c. Conference with legal counsel - Significant Exposure to Litigation, Government Code section 54956.9(b), No. of Cases: 3 d. Conference with Real Property Negotiators (Gov. Code, sec. 54954.5(b)); A. Properties: 1. Properties located at Tuolumne Street and “H” Street – Parcel numbers 46620654T and 46504035T; 2. Property bounded by “R” Street, Santa Fe Ave, Tulare and Ventura Streets – Parcel number 46835056T; Negotiating parties: The City of Fresno and the City of Fresno Redevelopment Agency; B. Properties: 1. Properties bounded Ventura Street, Inyo Street, “F”, and “G” Streets – Parcel numbers 46708107 thru 46708115, 46708116T, 46708118, 46708119, 46707304, 46707305, 46707306T, 46707307T, and 46707316T; Negotiating parties: Fresno Historic Chinatown LLC; C. Properties: 1. 6364 E. Belmont Avenue, Fresno CA 93722 – Parcel numbers 31013093 and 31327050S; Negotiating parties: Fancher Creek Properties LLC; D. Properties: 747 “R” Street Fresno CA 93721 – Parcel number 46816306; Negotiating parties: State Center Properties LLC; County’s negotiator(s): Alan Weaver and Stuart Seiden; Under negotiation: Terms of payment and Price NOON RECESS Page 3 2:00 P.M. 11. Afternoon Consent Agenda - Item Numbers 35 – 43 - 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 Afternoon Administrative Office 12. Receive update on Jail System Database and Preliminary Baseline Projections of Jail Facilities Needs Assessment; approve methodology used to determine incarceration rates; direct staff to present final Needs assessment Report to Board in 2008; direct staff to prepare conceptual project schedule alternatives to be presented to Board in December 2007; and authorize Sheriff to negotiate new contract with United States Marshal's Office for incarceration of appropriate number of federal prisoners in County Jail 13. Receive verbal report from 2M Associates on status of Lost Lake Master Plan process 14. Provide update on progress of on going negotiations for new office facility for Department of Public Works and Planning 15. Accept landowners' petition requesting formation of special assessment district; adopt Resolution of Intention to form special Assessment District No. 283 in County Service Area No. 51; direct preparation of preliminary Engineer's Report; and direct preparation of Budget Resolution authorizing loan of $981,300 from County General Fund to special assessment district for County Service Area No. 51 16. Receive presentation from City of Fresno regarding proposed 1,005-acre State Route 180 West Industrial Park Annexation proposal and direct staff accordingly 17. 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: November 27, 2007 - 9:00 A.M. December 4, 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. Page 4 Morning Consent Agenda MORNING CONSENT AGENDA – Item Numbers 18 – 34 (Any Board Member may pull any consent item for discussions on separate vote) Supervisor Case 18. Recognize Guardian Industries in Kingsburg as they celebrate their 75th Anniversary Supervisor Perea 19. Adopt resolution in recognition of Webster Elementary's 100th year anniversary Auditor-Controller/Treasurer-Tax Collector 20. Approve selling of properties on Tax Sale List for March 4-6, 2008, Public Internet Auction, subject to Tax Collector's power to sell, listed on document on file with Clerk to the Board; direct the Auditor-Controller/Treasurer-Tax Collector to sell the properties at a public internet auction for the stated minimum price in accordance with Chapter 7 Part 6 of Division 1 of California Revenue and Taxation Code (R&T Code); approve the reduction in minimum bid price if no bids are received, or approve the reoffer of unsold parcels at a price which the Auditor-Controller/Treasurer-Tax Collector deems appropriate to pursuant to R&T Code 3698; and approve unsold parcels being reoffered for sale within a 90-day period, and any new parties of interest notified pursuant to R&T Code Section 3692(e) County Clerk/Registrar of Voters 21. Approve and authorize the Chairman to execute agreements with the State of California for reimbursements of funds to assist in implementing "Help America Vote Act - Elections Assistance for Individuals with Disabilities, section 261 Program" ($1,123.93) and section 301 Voting Systems Program ($2,698,782.61); adopt Budget resolution increasing FY 2007-08 appropriations and corresponding revenue in the amount of $465,684.10 for the County Clerk Org. 28500500 (4/5 vote); and approve Budget Transfer No. 13 ($450,000) within FY 2007-08, County Clerk Org. 28500500 to purchase a mail sorting machine Sheriff 22. Adopt resolution increasing FY 2007-08 appropriations and estimated revenues for Sheriff Budget Org. 3111 in the amount of $238,665 for the purchase of equipment for the Sheriff's Department Homeland Security Buffer Zone Protection Program (4/5 vote) County Counsel 23. Approve and authorize Chairman to execute Agreement for Specialized Legal Services with the law firm of Rutan & Tucker, LLP, for assessment issues related to SaveMart Center Administrative Office 24. Receive third report monitoring Fresno County's FY 2007-08 expenditures for Salaries and Benefits/Services and Supplies Page 5 25. Salary Resolution Amendments (Copy of amendments attached in Supervisors' Agenda Packet, on file with the Clerk to the Board, and posted on the bulletin board outside the Board Chambers) 26. Adopt Resolution levying additional penalty assessments on specific offenses, including moving traffic violations, by $2 for every $10 collected for deposit into the Emergency Medical Services Fund to finance uncompensated emergency medical care, pediatric trauma, and emergency medical services 27. Find that Burns & McDonnell's comprehensive energy analysis met the minimum criteria listed in the Letter of Intent for the second County of Fresno energy project; and authorize the County to exercise its option provided by the Letter of Intent to choose not to enter into a Contract with Burns & McDonnell and pay Burns & McDonnell the $50,000 fee provided for in the Letter of Intent which gives the County ownership of the comprehensive energy analysis 28. Accept the First 5 Fresno County Children and Families Commission Annual Audit and Report Agreements - Approve and Authorize Chairman to Execute 29. Retroactive Japanese Dodder Program Agreement with the California Department of Food and Agriculture for Japanese Dodder Survey Program ($104,200) 30. Retroactive Glassy-winged Sharpshooter Citrus Trapping Agreement with the California Department of Food and Agriculture to be performed by the Agricultural Commissioner/Sealer ($196,600) 31. Retroactive revenue Agreement with the California Department of Public Health for continued Public Health Emergency Preparedness funds ($229,072) and the Non-Supplantation Certification Form 32. Amendment to Agreement with Electronic Data Systems Corporation for the 18 County CalWORKs information Network Development, Implementation, Maintenance and Operation Services ($226,821,717) 33. Agreement with the California State Library for the Early Learning with Families Continuing Grant Program ($25,000); and adopt Resolution increasing FY 200607 Library Grants Org. 75120270 appropriations and estimated revenues in the amount of ($25,000) (4/5 vote) Waive Competitive Bidding Process Consistent with Administrative Policy No. 34 34. 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 selection of vendor to provide qualified psychiatrists on a short-term and temporary basis; approve and authorize the Director of the Department of Behavior Health to execute a sole source Agreement with Locum Tenens.Com upon review and approval by County Counsel and the Auditor-Controller/Treasurer-Tax Collector to provide services of qualified psychiatrists; and approve and authorize the Clerk to the Board to execute Budget Transfer No. 14, for the FY 2007-08 Department of Behavioral Health Org. 56302100, for compensation of locum tenens psychiatrists ($421,080) Afternoon Consent Agenda Page 6 AFTERNOON CONSENT AGENDA – Item Numbers 35 – 43 (Any Board Member may pull any consent item for discussions on separate vote) Administrative Office 35. Adopt budget resolution increasing FY 2007-08 appropriations from General Reserves for County Service Area No. 31, Shaver Lake Fire Protection and Recreation District, Org. 9171 in amount of $90,000 (4/5 vote) 36. Conduct second hearing to consider amending County of Fresno Ordinance Code Title 13, Roads, Parks and Other Public Places, Chapter 13.16 Parks and Recreation Areas, adding Section 13.16.080, Vehicle Entrance Fee, to authorize Director of Department of Public Works and Planning or designee to waive the Vehicle Entrance Fee for public schools, public agencies and activities and events providing a direct benefit to the public and waive reading of Ordinance in its entirety 37. Waive deviation from strict bidding requirements by low bidder, Cruco Construction Group, Inc., proposing to subcontract more that 50 per cent of work; and award Contract No. 07-16-SW, American Avenue Disposal Site Hydroseeding to low bidder, Cruco Construction Group, Inc., 2443 Foundry Park, Fresno, in amount of $174,500 38. Award Contract No. 07-10-CD, El Porvenir Wastewater Treatment Facility, Community Development Block Grant No. 04075, Cantua Creek Wastewater Treatment Facility, Community Development Block Grant No. 06029 to low bidder, Anthony's Laser Leveling, 7258 W. Rialto Avenue, Fresno, in total amount of $405,291.06 39. Adopt plans and specifications for Contract No. 07-17-C, Concrete Improvements, Various Locations in Fresno County; and authorize Director of Department of Public Works and Planning to advertise for bids and set bid opening date 40. Accept Easement Deeds and approve Right of Way Contracts for Academy Avenue from Manning Avenue to State Highway 180 for total monetary consideration of $26,090 41. Approve substitution of Todd Plumbing for Total Plumbing as subcontractor for rough and finished plumbing installation on Contract No. 07-S-01 for construction of new Fowler Branch Library, 306 S. Seventh Street, Fowler 42. Consider and approve reduction of Performance and Maintenance Security posted from $3,444,450 to $599,350 to guarantee maintenance of improvements for Tract No. 5126 for one year and release monumentation security in amount to $4,000 43. Consider and approve reduction of Performance and Maintenance Security posted from $668,700 to $90,800 to guarantee maintenance of improvements for Tract No. 5504 for one year and release monumentation security in amount of $3,200