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TUESDAY
JUNE 8, 2004
9:00 A.M.
PLEDGE OF ALLEGIANCENOTE: 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.
1. / Morning Consent Agenda – Item Numbers 20 - 50
-(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
Chair Anderson
2. / Adopt resolution thanking federal legislators for their efforts in the conveyance of the B.F. Sisk Federal Building and United States Courthouse
3. / Confirm the appointment of Robert Bash, effective June 21, 2004, to the position of Director of Child Support Services pursuant to Fresno County Charter Section 16
Supervisor Arambula
4. / Receive a presentation by representatives of the Regional Jobs Initiative’s Tourism cluster regarding the status of their efforts to date and provide direction to the RJI and to staff as appropriate
Auditor-Controller/Treasurer-Tax Collector
5. / Conduct first hearing to consider amending the Fresno County Master Schedule of Fees, Charges and Recovered Costs Ordinances by amending Section 300, relating to the Auditor-Controller/Treasurer-Tax Collector Fees and set second hearing for June 15, 2004
County Counsel
/ 6. / Conduct first hearing to amend the Master Schedule of Fees, Charges and Cost Recovered Costs Ordinance by amending Section 600, Subsection 601 to increase County Counsel Legal Services Fees from $79.00 per hour to $93.50 per hour for legal services provided to county departments, school districts, all other public agencies and state and federal agencies and set second hearing for June 15, 2004
Sheriff
7. / Adopt resolution increasing appropriations and estimate revenue for Sheriff-Grants Org. 31125000 in the amount of $6,200 for the purchase of equipment (4/5 vote)
Administrative Office
8. / Consider and take action on request for determination of public convenience or necessity on application for alcoholic beverage license filed by Kaur Kuljeet and Baljinder Singh, located at 95 E. North Avenue, Fresno
9. / Consider and take action on request for determination of public convenience or necessity on application for alcoholic beverage license filed by Misra Singh and Shamsher Singh, located at 10625 S. Fowler Avenue, Selma
/ 10. / Receive staff analyses of the recommendations made by the Public Safety Citizens Advisory Committee; direct staff to take action on those recommendations selected for implementation by the County Administration Office
11. / Conduct a public hearing to determine that the terms of the proposed energy services agreement (in item #2) are in the best interests of the County and to find that the anticipated cost to the County-for thermal or electrical energy or conservation services to be provided by Energy Conservation Measures (“EMC”s, in item #2) under that agreement – will be less than the County’s anticipated marginal cost for the purchase of such energy and conservation services in the absence of that agreement (Gov. Code 4217.12); and approve a guaranteed performance-based agreement with Burns & McDonnell Engineering Company, Inc., to design, construct and install ECM’s – including capital improvements to building systems and 1.2-megawatt cogeneration facility for downtown Fresno buildings (Courthouse, Hall of Records, County Plaza, Sheriff Administration, and Jails) – that will result in energy savings (Estimated project costs: $13,365,195, excluding financing costs)
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 posted on bulletin board outside of Board Chambers)
14. / Closed Session –
a. Pending Litigation Section 54956.9(b) – Jimenez v County of Fresno
- Conference with legal counsel – Initiation of Litigation,
- 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 Labor Negotiator (GC 54957.6): Agency Negotiator: Kristin Bengyel; Employee Organization: SEIU Local 250 – Hours, Wages and Terms and Conditions of Employment
NOON RECESS
2:00 P.M.
15. / Afternoon Consent Agenda – Item Numbers 51 - 61-(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
Administrative Office
16. / Conduct public protest hearing to consider levying assessment for maintenance of North Coventry Avenue benefiting parcels within Parcel Map No. 7906 and the formation of Zone “CB” of County Service Area No. 35, located on north side of Olive Avenue, east of Temperance Avenue
17. / Consider and take action on applicant’s appeal of Planning Commission’s denial of Variance Application No. 3773 filed by John Allen proposing to allow creation of two, two-acre parcels from four-acre parcel in AE-20 Zoning District
18. / Consider and take final action on applicant’s appeal of Planning Commission’s denial of Initial Study Application No. 4926, General Plan Amendment No. 490 and Amendment Application No. 3727 filed by Nelson Properties; if approved adopt resolution and ordinance amending County adopted Selma Community Plan and take final action on rezoning proposal
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:
June 15, 2004 – 9:00 A.M.
June 21 through 25, 2004 – Budget Hearings – 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 – Item Numbers 20 – 50
(Any Board Member may pull any consent item for discussion or separate vote)
Auditor-Controller/Treasure-Tax Collector
20. / Adopt resolution authorizing the County Auditor-Controller/Treasurer-Tax Collector to transfer/loan funds for dry period financing of county funds, and general funds of various schools and special districts during FY 2004-2005
21. / Approve the sale of tax-defaulted properties subject to Tax Collector’s power to sell and direct that properties to be sold at a public auction
District Attorney
22. / Adopt resolution authorizing District Attorney to submit a grant agreement in the amount of $58,113 for continued funding of the Victim Restitution Program, and authorize Chairman of the Board to execute the attached grant agreement for the Victim Restitution Program with the California Victim Compensation and Government Claims Board
23. / Approve and authorize the District Attorney to submit a grant application/agreement for the Career Criminal Vertical Prosecution program with the Office of Emergency Services, State of California, and approve and authorize the Chairman to execute grant application/agreement and Certification of Assurance of Compliance ($160,178)
Sheriff
24. / Approve and authorize Chairman to execute a renewal agreement with the County of Los Angeles Sheriff’s Department for the transportation of prisoners
25. / Approve and authorize Chairman to execute agreements with the Cities of Firebaugh, Fresno, Huron, and Orange Cove, to permit inmate crews to perform basic maintenance and repair on city facilities and grounds
26. / Approve and authorize the submission of an application to the Department of Justice for the Forensic Casework DNA Backlog Reduction Grant ($157,078); approve and authorize the submission of an application to the Department of Justice for the DNA Capacity Enhancement Grant($134,482)
27. / Adopt resolution increasing appropriations for Adult Detention Facilities Org. 8811 in the amount of $112,000 (4/5 vote); adopt resolution increasing appropriations and estimated revenues for Capital Projects Org. 1910 in the amount of $112,000 (4/5 vote); and adopt budget transfer number 108 within FY 2003-04 General Fund appropriations for Sheriff’s Adult Detention Facilities Budget Org. 3410 in the amount of $112,000
Administrative Office
28. / Conduct second hearing to consider amending the County of Fresno Master Schedule of Fees, Charges and Recovered Costs Ordinance Section 3800 to establish Subsection 3803, Plaza Ballroom Public Rental Fee ($1,950)
29. / Approve submission of a grant proposal to the United States Department of Agriculture’s Food and Nutrition Services for funding to increase food stamp participation by partnering with the Community Food Bank ($966,689) and a co-initiative to redesign the County’s food stamp intake process in order to accommodate an increase in applications ($241,965)
30. / Approve Addendum to Memorandum of Understanding for Representation Unit 7 (California Nurses Association)
31. / Approve Memorandum of Understanding for the Association of County Engineers – Representation Unit 42 (Engineers)
32. / Approve and authorize the Director of Department of Adult Services to submit U.S. Citizenship and Immigration Services H-1B Work Visa documents on behalf of staff psychiatrist, Xavier D. Lara, M.D.; and approve and authorize the Director to submit all subsequent U.S. Citizenship and Immigration Services visa documents on behalf of Xavier D. Lara, M.D., as required
33. / Authorize the submission of an application to the Department of Health and Human Services, Centers for Disease Control and Prevention, for
FY 2004-09 Steps to a HealthierUS funds; authorize the Chairman to execute the official transmittal letter supporting the Department’s application for funding for activities to create a healthier community by contributing to the prevention of diabetes, asthma and obesity; and authorize the Director of Community Health to execute the application and related assurances in order to meet grant requirements
34. / Approve and authorize Clerk to execute Budget Transfer No. 98 ($23,500) for the Department of Employment & Temporary Assistance Org. 56107001 for the purchase of one hybrid vehicle; approve resolution increasing Fleet Services Org. 8911 appropriations and estimated revenue to purchase one hybrid vehicle for the Department of Employment & Temporary Assistance Org. 5610 ($23,500) (4/5 vote); and authorize the Department of Employment & Temporary Assistance to transfer three of its highest mileage county vehicles, numbers 1505, 91301, and 91300 to Fleet Services in exchange for one existing hybrid vehicle
35. / Approve and authorize Clerk to execute Budget Transfer No. 99 for various General Fund budgets ($3,851,626); Budget Transfer No. 100 for Information Technology Services Internal Service Fund ($320,000); Budget Transfer No. 101 for Library Grants Fund ($10,000); Budget Transfer No. 102 for General Services Fleet Services Funds ($100,000); and adopt resolutions revising appropriations and estimated revenues for Coroner-Public Administrator/Guardian, Department of Child Support Services and Public Works and Planning Department (4/5 vote)
Agreements – Approve and Authorize Chairman to Execute
36. / Amendment to the Revenue Agreement with the Children and Families Commission for an Early Childhood Caries Prevention Project
37. / Contract agreement No. 04-0041 with the California Department of Food and Agriculture for organic program inspection work for FY 2004-2005 ($3,700); contact agreement 04-0093, with the California Department of Food and Agriculture for weighmaster inspection activities for FY 2004-2005 ($10,650); contract agreement No. 04-0140 with the California Department of Food and Agriculture for inspection of petroleum products for FY 2004-2005 ($18,300); and contract agreement No. FRE-04 with the California Cantaloupe Advisory Board for surveillance activities ($70,597)
38. / Agreement with the California Department of Consumer Affairs, Structural Pest Control Board (approximately $1,800)
39. / Retroactive amendment to the Negotiated Net Amount (NNA) Revenue agreement with the State Department of Alcohol and Drug Programs ($1,365,980)
40. / Agreement for the Red Imported Fire Ant Survey contract for the period of July 1, 2004, through June 30, 2005, from the State of California Department of Food and Agriculture
41. / Agreement for the Pierce’s Disease Control Program Agreement with the California Department of Food and Agriculture for July 1, 2004, through June 30, 2005, and to designate the Agricultural Commissioner as the Local Public Entity to manage the program and funds for Pierce’s Disease
42. / Agreement with the City of Fresno for juror parking and employee parking for two years beginning July 1, 2004
43. / Agreement with Kennedy Consulting for collection and update of outcome data for the 2004 on-line, Children Count Report Card on the Well-Being of Children; and adopt resolution to increase appropriations and revenues by $10,000 in the County Administrative Office grants budget (0122) to reflect funding that will be received from the Human Services System Administration for the agreement (4/5 vote)
44. / Renewal agreement with Spirit of Woman of California, Inc., for alcohol and drug treatment services ($495,950); and agreement with Westcare of California, Inc., for alcohol and drug treatment services, to extend the term by three months through September 30, 2004 ($38,412) for a total of $192,063
45. / Execute a month-to-month license agreement with Gerald Rudd, dba JR Catering, to operate a food service facility at the Fresno County Plaza Building
46. / Agreement with the Fresno Unified School District for continued funding of a Deputy Probation Officer assigned to the Targeted Truancy Program ($94,079)
47. / Agreement with PNMit for Print/Mail of child support statements and Web Payment Processing for child support payments ($250,000)
48. / Revenue agreement with Fresno Unified School District for coordination services ($39,840)
49. / Renewal of five CalWORKs Employment Services Agreements ($1,649,547); new sole source agreement with State Center Community College, Reedley, for employment and educational services for CalWORKs recipients ($156,121); and amendments for 11 CalWORKs Employment Services Agreements to extend them for six months ($1,529,636) pending a new competitive bid process
50. / Non-exclusive one-year agreement with Fresno Legal Services for countywide process service, photocopying, filing and delivering legal documents at courts, and other legal support services (maximum cost of $460,420)
AFTERNOON CONSENT AGENDA – Item Numbers 51-61
(Any Board Member may pull any consent item for discussion or separate vote)
Administrative Office
51. / Approve substitution of Brahma Construction, Inc., as subcontractor for place and finish concrete for Rising Sun Company, Inc., on Contract No. 2003-S-04, Juvenile Justice Campus, Bid Package No. 2
52. / Approve and authorize Clerk to execute Budget Transfer No. 104 ($13,284) from County Service Area No. 44-D, Monte Verdi Estates, Org. 9247 Contingencies to Maintenance Buildings and Grounds for FY 2003-04
53. / Approve and authorize Clerk to execute Budget Transfer No. 105 ($1,531) from County Service Area No. 7, San Joaquin Suburban Estates, Org. 9147 Contingencies to Professional and Specialized Services for FY 2003-04
54. / Adopt budget resolution increasing FY 2003-04 appropriations ($4,000) in Waterworks District No. 38, Millerton Lake Park Estates, Org. 9358 Maintenance – Buildings and Grounds from General Reserves (4/5 vote)
55. / Approve and authorize Chairman to execute successor Assembly Bill 939 Memorandum of Understanding between County and Cities of Clovis, Coalinga, Firebaugh, Fowler, Fresno, Huron, Kerman, Kingsburg, Mendota, Orange Cove, Parlier, Reedley, San Joaquin, Sanger, and Selma regarding provision of Countywide education, public information, and household hazardous waster management programs
56. / Waive Administrative Policy No. 34 and accept late Request for Proposal application submitted by Pena’s Disposal, in response to Assembly Bill 939 compliance order program to establish exclusive service areas for diversion of residential and commercial solid waste
57. / Adopt resolution authorizing stop sign at “T” intersection of Shepherd and Tuscany Avenues stopping northbound traffic on Tuscany Avenue
58. / Accept for filing by Clerk an Engineer’s Report supporting proposed assessment for maintenance of recreational open space outlots benefiting 132 lots within existing Tracts 3959, 4914, 5024, and proposed Tract 5319 of Wildflower Village Development and adopt resolution of intention to levy assessment for maintenance of recreational open space outlots, setting public protest hearing for 2:00 p.m., July 27, 2004
59. / Accept for filing by Clerk an Engineer’s Report supporting proposed assessment for maintenance of roads benefiting 132 lots within existing Tracts 3959, 4914, 5024, and proposed Tract 5319 of Wildflower Village Development and adopt resolution of intention to levy assessment for maintenance of roads, setting public protest hearing for 2:00 p.m., July 27, 2004
Agreements – Approve and Authorize Chairman to Execute
60. / Amendment with Clay Miranda Trucking, Inc., increasing hourly rates for trucking services by six percent
61. / Amendment to Specific Project Agreement with Fresno County Transportation Authority to provide County with Measure C funding for design, right-of-way acquisition, and construction of Academy Avenue Project – Mountain View Avenue to State Route 180 ($25,620,000)