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ACTION SUMMARY MINUTES

TUESDAY

May 25, 2004

9:00 A.M.

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.
LCAWAn
AWCLAn / 1.  / Morning Consent Agenda – Item Numbers 24 - 42
- (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 THE EXCEPTION OF ITEM NO. 34 WHICH WAS PULLED FOR DISCUSSION
APPROVED ITEM NO. 34 AS RECOMMENDED
Chair Anderson
2.  / Presentation of Retirement Plaque to: Charles Barrett – Department of Public Defenders, 19 years of service
RECEIVED
ACLWAn / 3.  / Proclaim May 2004 as Foster Parent Appreciation Month
APPROVED AS RECOMMENDED; ADOPTED RESOLUTION NO. 04-289
Supervisor Arambula
CALWAn / 4.  / Proclaim May 26, 2004, as Senior Companion Program Day
APPROVED AS RECOMMENDED; ADOPTED RESOLUTION NO. 04-290
Supervisor Larson
5.  / Receive and comment on the 2004 update of the Interagency Council for Children and Families 1997 Juvenile Justice Recommendations.
RECEIVED
Auditor-Controller/Treasurer-Tax Collector
CALWAn / 6.  / Adopt resolution to discontinue the Teeter Plan for the City of Kingsburg Assessment District No. 1992-1, which includes Silverbrooke Estates, Brucker Estates, Nelson Estates Phase II and Pavilion Properties
APPROVED AS RECOMMENDED; ADOPTED RESOLUTION NO. 04-265
/ 7.  / Conduct first hearing to consider amending the Master Schedule of fees, Charges and Recovered Costs Ordinances by amending Section 300, relating to Auditor-Controller/Treasurer-Tax Collector Fees and set second hearing for June 8, 2004
Sheriff
B.O. / 8.  / Accept verbal report of Sheriff Jail budget and provide direction to Sheriff
RECEIVED; DIRECTED SHERIFF TO OPEN THE POD OF THE FIFTH FLOOR IF HE DETERMINED THE NEED EXISTED, AND RETURN TO THE BOARD ON JUNE 8, 2004 WITH REQUEST FOR THE APPROPRIATIONS TO COVER ASSOCIATED COSTS
Administrative Office
ACLWAn / 9.  / Receive presentation from Fresno Irrigation District regarding Upper Kings River Basin Water Forum
DIRECTED STAFF TO MAKE APPOINTMENT TO THE REGIONAL PLANNING FORUM, GIVING CONSIDERATION TO PHIL DESATOFF
ACLWAN / 10. / Conduct first hearing of a proposed ordinance to amend the Master Schedule of Fees, Charges and Recovered Costs by amending Section 3800 to establish Subsection 3803, Plaza Ballroom Public Rental Fee and set second hearing for June 8, 2004
APPROVED AS RECOMMENDED; WAIVED READING OF ORDINANCE IN ITS ENTIRETY
ACLWAN / 11. / Approve amendments to the Purchasing and Contract Procedures Manual for the implementation of a preference for local vendors program in the County’s procurement process
APPROVED AS RECOMMENDED
LACWAn / 12. / Consider implications for agriculture regarding direct Mexicana Airlines’ flights from Mexico to Fresno Yosemite International Airport
RECEIVED; DIRECTED STAFF TO TAKE APPROPRIATE ACTIONS TO ENSURE AGRICULTURAL PROTECTION INSPECTION FACILITIES, TOOLS, AND STAFF ARE PROVIDED FOR AND FUNDED AT NO NET COUNTY COST
13. / Board of Supervisors’ Committee Reports – Receive and provide direction (This item reserved for committee reports by members of the Board of Supervisors)
RECEIVED
ACLWAn / 14. / Board Appointments – (List attached in packet and posted on bulletin board outside of Board Chambers)
CENTRAL VALLEY PEST CONTROL DISTRICT
APPOINTED DAVID BROWN TO REPLACE CLAYTON OWEN
MENTAL HEALTH BOARD
REAPPOINTED EMILY MANOOGIAN
PROFITS PROGRAM OVERSIGHT COMMITTEE
APPOINTED FRED GOLDRING
REEDLEY CEMETERY DISTRICT
APPOINTED MAURICE TABUTOL, JR., TO REPLACE WILLIAM CONRAD
APPROVED NOMINATIONS FOR APPOINTMENTS/REAPPOINTMENT
15. / Closed Session –
a.  Conference with legal counsel – Initiation of Litigation, Government
Code Section 54956.9(c) – No. of Cases: 1
b.  Conference with legal counsel – Existing Litigation, Government Code Section 54956.9(a), Case Name Unspecified (action filed under seal)
c.  Pending Litigation Section 54956.9(a) – Case No. 03 CE CL 06777
Eliosa, et al. v. County of Fresno, et al.
d.  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
HELD
NOON RECESS


2:00 P.M.

LCAWAn / 16. / Afternoon Consent Agenda – Item Numbers 43 - 49
- (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 Afternoon Consent Agenda
-  Discussion/Action on Items removed from Consent Agenda
APPROVED AS RECOMMENDED
Administrative Office
ACLWAn / 17. / Conduct hearing to receive protests from Maintenance District No. 1 - Millerton Lake Park Estates property owners on imposing increased water and sewer infrastructure fees as required under Proposition 218; if no majority protest based on results, adopt resolution approving increased fees and direct staff to include fees on Master Schedule of Fees, Charges, and Recovered Costs for administrative purposes; if majority protest, adopt resolution denying fee increase and continuing with existing fees
DENIED FEE INCREASE AND DIRECTED STAFF TO CONTINUE WITH EXISTING FEES
ALCWAn / 18. / Conduct hearing to receive protests from Waterworks District No. 38 - Millerton Lake Park Estates property owners on imposing increased water and sewer fees as required under Proposition 218; if no majority protest based on results, adopt resolution approving increased fees and direct staff to include fees on Master Schedule of Fees, Charges, and Recovered Costs for administrative purposes; if majority protest, adopt resolution denying fee increase and continuing with existing fees
ADOPTED RESOLUTION AND DIRECTED STAFF TO INCLUDE FEES ON MASTER SCHEDULE OF FEES, CHARGES AND RECOVERED COSTS FOR ADMINISTRATIVE PURPOSES
LWACAn / 19. / Consider and approve proposed phased process for modifications to update Fresno County Williamson Act Program and adopt resolution approving Interim Program Guidelines and Procedures, initiating an amendment to the Fresno County Zoning Ordinance to address lot size and degree of consanguinity for creation of homesite parcels, and direct staff regarding pending applications
APPROVED AS RECOMMENDED
LCAWAn / 20. / Consider application for partial cancellation of Agricultural Land Conservation Contract No. 8049 filed by Patrick V. Ricchiuti; adopt findings required by Land Conservation Act of 1965; and adopt resolution authorizing recordation of Certificate of Tentative Cancellation including requirements for recordation of Certificate of Cancellation upon satisfaction of conditions
APPROVED AS RECOMMENDED
LCAWAn / 21. / Consider application for partial cancellation of Agricultural Land Conservation Contract No. 3375 filed by Carline D. Garrett; adopt findings required by Land Conservation Act of 1965; and adopt resolution authorizing recordation of Certificate of Tentative Cancellation including requirements for recordation of Certificate of Cancellation upon satisfaction of conditions
APPROVED AS RECOMMENDED
AWCL
An/no / 22. / Receive correspondence regarding employee reclassification request and direct staff
RECEIVED CORRESPONDENCE; DIRECTED STAFF TO TAKE NO FURTHER ACTION
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)
HELD
SPECIAL ITEM NOT INCLUDED ON POSTED AGENDA
ALCWAn / APPROVED REQUEST TO TAKE ACTION ON ITEM NOT INCLUDED ON POSTED AGENDA, FINDING THE NEED FOR ACTION AROSE AFTER POSTING OF THE AGENDA
Sitting as IHSS Public Authority Governing Board
Conference with Labor Negotiator (GC 54957.6)
Negotiator: Ralph Jimenez; Employee Organization: SEIU Local 250 Hours, Wages, and Terms and Conditions of Employment
HELD
CALWAn / ADJOURN
NEXT MEETINGS:
June 8, 2004 – 9:00 A.M.
June 15, 2004 – 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.
LCAWAn
AWCLAn / MORNING CONSENT AGENDA – Item Numbers 24 - 42
(Any Board Member may pull any consent item for discussion or separate vote)
APPROVED AS RECOMMENDED, WITH THE EXCEPTION OF ITEM NO. 34 WHICH WAS PULLED FOR DISCUSSION
APPROVED ITEM NO. 34 AS RECOMMENDED
Supervisor Arambula
24. / Proclaim June 4, 2004, as National Hunger Awareness Day
Supervisor Case
25. / Adopt a resolution recognizing Jeremy A. Short on his achievement of Eagle Scout with Troop 302
Sheriff
26. / Approve and authorize Chairman to execute agreement with Canteen of Fresno, Inc., for commissary services at Fresno County Adult Detention Facilities (continued from May 18, 2004)
Administrative Office
27. / Conduct second hearing of a proposed ordinance to amend the Master Schedule of Fees, Charges and Recovered Costs by amending Subsections 2101 through 2109, and by adding Subsection 2111 relating to public health fees
28. / Approve and authorize Chairman to submit an application by the Fresno County Library for a grant from the California State Library’s 2004-05 California Cultural Crossroads pilot program, which is funded by the Library Services and Technology Act
29. / Adopt Salary Resolution Amendments effective June 7, 2004, Appendix “D” adding four Information Technology Services Analyst I/II/III/IV positions in the Auditor-Controller/Treasurer-Tax Collector Department 04100700, and deleting four Information Technology Services Analyst I/II/III/IV positions from the Information Technology Services Department 89050000, and Appendix “D” adding two Information Technology Services Analyst I/II/III/IV positions in the Assessor-Recorder Department 04200100, and deleting two Information Technology Analyst I/II/III/IV positions from the Information Technology Services Department 89050000
30. / Adopt resolution authorizing submission of a retroactive proposal to the State of California Board of Corrections on behalf of Riverdale Joint Unified School District for the “Safe and Secure, Riverdale High: A Place to Learn” project
31. / Approve Memorandum of Understanding with Owens Valley Career Development Center, Inc., to provide Tribal Temporary Assistance to Needy Families Services
32. / Approve and authorize Clerk to execute Budget Transfer No. 83 for IHSS Public Authority to reallocate existing appropriations to purchase the Questys database record storage system ($32,906); and adopt a resolution increasing appropriations and estimated revenue for Information Technology Services Department Internal Services Fund Orgs. 8905 and 8908 for hardware and services, allowing for the purchase of Questys database record storage system and an Automated Call Center by funding provided by the IHSS Advisory Committee in the amount of $31,431 (4/5 vote)
33. / Adopt Salary Resolution Amendment on file with the Clerk to the Board, Appendix “C”, to add one Information Technology Analyst I/II/III/IV and two Senior Information Technology Analyst positions to Probation Department 34309999, and delete one Information Technology Analyst I/II/III/IV and two Senior Information Technology Analyst positions from the Information Technology Services Department 89050000 effective June 7, 2004
Agreements – Approve and Authorize Chairman to Execute
AWCLAn / 34. / Memorandum of Understanding with the City of Fresno and the City of Clovis stipulating agreement to continue with the implementation of the Fresno Regional e-Government Initiative; and approve the creation of an e-Government Budget Unit to implement and maintain the Regional e-Government Common Portal and e-Permitting system
APPROVED ITEM NO. 34 AS RECOMMENDED
35. / Agreement with Fresno Metropolitan Flood Control District to install county-owned communication equipment on District’s communication tower
36. / Agreement with Fresno Unified School District for placement of instructors in Department of Adult Services programs to provide educational opportunities to mental health and substance abuse consumers
37. / Agreement with the Central California Society for the Prevention of Cruelty to Animals for animal control and emergency veterinary services ($924,557)
38. / Amendment to the revenue agreement with the State Department of Health Services for Phase II Preventive Health Care for the Aging funding ($221,226)
39. / “AGREEMENTS TO DEFEND PUBLIC OFFICERS OR EMPLOYEES” for employees: Richard Pierce, Sheriff; Christian L. Curtice, Deputy Sheriff IV; and Robert J. McEwen, Deputy Sheriff III; as named in U.S. District Court, Northern District of CA Case No.: C 03 4344 BZ – James C. Bobbs, II v County of Fresno, et al.
40. / Retroactive Amador Plan agreement with the State of California for fire protection services provided by the State Department of Forestry for 2003-04 ($557,270)
41. / Agreement with Turning Point of Central California, Inc., ($725,546); and adopt resolution increasing FY 2003-04 appropriations and estimated revenue for the Department of Adult Services Org. 56302172 in the amount of $250,000 (4/5 vote)
42. / Sole source agreement with the Fresno County Economic Opportunities Commission to conduct outreach activities for the Department of Community Health’s Babies First program ($387,552)
LCAWAn / AFTERNOON CONSENT AGENDA – Item Numbers 43 – 49
(Any Board Member may pull any consent item for discussion or separate vote)
APPROVED AS RECOMMENDED
Administrative Office
43. / Conduct second hearing to amend Fresno County Ordinance Code by adding Chapter 8.25 of Title 8 relating to ban on disposal of construction and demolition debris at American Avenue and Coalinga Landfills
44. / Adopt resolution approving amendment to Nondisposal Facility Element for Assembly Bill 939
45. / Endorse 2004-05 Operations Program and Budgets for Fresno Urban, Rural, and Clovis Urban Consolidated Transportation Service Agencies
46. / Grant relief requested by low bidder, Floyd Johnston Construction Company, Inc., and award Contract No. 03-13-C, County and Maintenance Asphalt Concrete Overlays - Various Locations to second low bidder, M.J.Menefee ($3,534,706.76)
47. / Reject all bids received November 5, 2003, for Mobile Food Service Units located at University Medical Center and Courthouse Park/Gain Building and return deposits collected during informal bidding process; adopt Resolutions of Intention to offer two License Agreements; and authorize Clerk to the Board to publish notice of intention to offer License Agreements for mobile food service units on County owned property for minimum bid of $5,000 per year each by public auction at 2:00 PM on June 15, 2004 (4/5 vote)
Agreements – Approve and Authorize Chairman to Execute
48. / Agreement with Infinity Broadcasting Corporation for exclusive use of Kearney Park for one event
49. / License Agreement with Sierra Marina for use of floating board dock at boat launch facility at Shaver Lake, and authorize Interim Director of Department of Public Works and Planning to make payment and execute necessary grant agreement amendments with Department of Boating and Waterways