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ACTION SUMMARY MINUTES
TUESDAY
January 29, 2008
9:00 AM
Morning
Pledge of Allegiance
SUPERVISOR LARSON LED THE BOARD IN THE PLEDGE OF ALLEGIANCE
1.Approve Agenda
APPROVED AS NOTED; CLERK TO THE BOARD ANNOUNCED THE DELETION OF AGENDA ITEM NO. 29; SUPERVISOR LARSON REQUESTED AN ADDITION TO THE CONSENT CALENDAR FOR AN ADJOURNMENT IN MEMORY OF ROY RABB
Motion by: / Larson / Second by: / CaseAyes: / Larson, Case, Anderson, Waterston, Perea / Noes: / None
Abstentions: / None / Absentees: / 0
2.Morning Consent Agenda - Item Numbers 24 – 40
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
APPROVED WITH THE EXCEPTION OF ITEM NOS. 26, 27 AND 33 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE; AGENDA ITEM NO. 29 WAS DELETED AS NOTED IN NO. 1 OF AGENDA
Motion by: / Case / Second by: / LarsonAyes: / Case, Larson, Anderson, Waterston, Perea / Noes: / None
Abstentions: / None / Absentees: / 0
Chairman Perea
3.Proclaim 2008 as the William Saroyan Centennial Year in FresnoCounty
APPROVED AS RECOMMENDED
RESO 08-042
Motion by: / Larson / Second by: / CaseAyes: / Larson, Case, Anderson, Waterston, Perea / Noes: / None
Abstentions: / None / Absentees: / 0
4.Adopt resolution in support of the University of California, Merced's efforts to plan and establish a School of Medicine in the San JoaquinValley
APPROVED AS RECOMMENDED
RESO 08-043
Motion by: / Anderson / Second by: / LarsonAyes: / Anderson, Larson, Case, Waterston, Perea / Noes: / None
Abstentions: / None / Absentees: / 0
Supervisor Larson
5.Adopt resolution celebrating the 120th birthday of the Central Valley YMCA in FresnoCounty
APPROVED AS RECOMMENDED
RESO 08-044
Motion by: / Larson / Second by: / WaterstonAyes: / Larson, Waterston, Anderson, Case, Perea / Noes: / None
Abstentions: / None / Absentees: / 0
Administrative Office
6.Recognize the Technical Services Support Team from the Information Technology Services Department for receiving the 2007 CCISDA (California County Information Services Directors Association) Innovation Award in the Category of Operational Effectiveness for Improved Service Levels
RECOGNIZED
7.Adopt resolution accepting and expressing gratitude for the donation of $1,000 from AT&T to support the County's Gang Task Force
APPROVED AS RECOMMENDED
RESO 08-045
Motion by: / Larson / Second by: / AndersonAyes: / Larson, Anderson, Case, Waterston, Perea / Noes: / None
Abstentions: / None / Absentees: / 0
8.Adopt resolution accepting and expressing gratitude for donations to the JamesRowlandCrimeVictimAssistanceCenter from the Joint Venture Program of the California Department of Corrections and Rehabilitation ($30,985.49)
APPROVED AS RECOMMENDED
RESO 08-046
Motion by: / Anderson / Second by: / LarsonAyes: / Anderson, Larson, Case, Waterston, Perea / Noes: / None
Abstentions: / None / Absentees: / 0
9.Receive report from Library staff on facilities, including branches and Central; and review staff recommendations for next steps which may lead to a ballot proposal for November 2008
RECEIVED
10.Congratulate Linda Penner, Chief Probation Officer, on her appointment by Governor Schwarzenegger to the Corrections Standards Authority and to SAG (State Advisory Group on Juvenile Justice and Delinquency Prevention)
CONGRATULATED LINDA PENNER, CHIEF PROBATION OFFICER, ON HER APPOINTMENT BY GOVERNOR SCHWARZENEGGER TO THE CORRECTIONS STANDARDS AUTHORITY AND TO STATE ADVISORY GROUP ON JUVENILE JUSTICE AND DELINQUENCY PREVENTION
11.Receive report from Fresno County Drug and Alcohol Advisory Board regarding its 2007 Annual Report
RECEIVED
12.Conduct first reading of amendment to County ordinance regarding consumption of alcoholic beverages by underage persons; waive reading of ordinance in its entirety; and set second reading for February 26, 2008
APPROVED AS RECOMMENDED
Motion by: / Anderson / Second by: / CaseAyes: / Anderson, Case, Larson, Waterston, Perea / Noes: / None
Abstentions: / None / Absentees: / 0
13.Receive update on forming a Committee on Ending Homelessness; and approve conceptual plan development process
RECEIVED UPDATE; APPROVED STAFF'S RECOMMENDED CONCEPTUAL PLAN DEVELOPMENT PROCESS WITH THE PROVISION THAT THE PROCESS IS OPEN AND INCLUSIVE
Motion by: / Case / Second by: / LarsonAyes: / Case, Larson, Anderson, Waterston, Perea / Noes: / None
Abstentions: / None / Absentees: / 0
14.Board of Supervisors' Committee Reports- Receive and provide direction (this item reserved for committee reports by members of the Board of Supervisors)
RECEIVED; SUPERVISOR ANDERSON REPORTED OUT ON HER RECENT TRIP TO WASHINGTONDC TO LOBBYFORFRESNOCOUNTY'S IDENTIFIED FEDERAL APPROPRIATION REQUESTS FROM JANUARY 15, 2008 THROUGH JANUARY 18, 2008; SUPERVISOR CASE REPORTED OUT THAT SHE WOULD BE ATTENDING THE CALIFORNIA AIR RESOURCES BOARD MEETINGS UNTIL HER TERM EXPIRES IN SIXTY DAYS. SUPERVISOR WATERSTON ADVISED THE BOARD THAT HE MAY NOT BE ATTENDING THE FEBRUARY 5, 2008, BOARD MEETING DUE TO A PRIOR FAMILY COMMITMENT
15.Board Appointments- (List attached in packet and available at Clerk to Board's Office)
ALCOHOL AND DRUG ADVISORY BOARD
APPOINTED DANIELLE C. CAMPBELL TO REPLACE STEPHANIE TOSCANO (TERM TO EXPIRE 1/5/09)
OAK GROVE CEMETERY DISTRICT
REAPPOINTED GENE W. DAVIS (TERM TO EXPIRE 1/3/11)
SIERRA CEDARS COMMUNITY SERVICE DISTRICT
REAPPOINTED VICKI COLLIER-MCDONALD (TERM TO EXPIRE 12/2011)
SOLID WASTE APPEALS BOARD
APPOINTED DONALD WADE AS ALTERNATE (TERM TO EXPIRE 1/3/11)
WATER ADVISORY COMMITTEE
REAPPOINTED JIM PROVOST (TERM TO EXPIRE 1/3/11)
APPROVED NOMINATIONS FOR APPOINTMENT AND REAPPOINTMENTS
Motion by: / Anderson / Second by: / WaterstonAyes: / Anderson, Waterston, Case, Larson, Perea / Noes: / None
Abstentions: / None / Absentees: / 0
16.Accept Petition for Waiver of Absences for Philip K. "Bud" Olson to allow him to remain on the Historical Landmarks & Records Advisory Commission
APPROVED AS RECOMMENDED
Motion by: / Waterston / Second by: / AndersonAyes: / Waterston, Anderson, Case, Larson, Perea / Noes: / None
Abstentions: / None / Absentees: / 0
17.Closed Session
a.Significant Exposure to Litigation, Government Code Section 54956.9(b), Dennis, at al. v. County of Fresno
THE BOARD BY UNANIMOUS VOTE APPROVED A SETTLEMENT INJURY CLAIM FOR $32,000
b.Significant Exposure to Litigation, Government Code Section 54956.9(b), Gomez v. County of Fresno
THE BOARD BY UNANIMOUS VOTE APPROVED A SETTLEMENT OF BODILY INJURY CLAIM IN AN AMOUNT OF $5,616.57
c.Significant Exposure to Litigation, Government Code Section 54956.9(b), Houlding v. County of Fresno
THE BOARD BY UNANIMOUS VOTE APPROVED A SETTLEMENT OF AN INJURY DEPARTMENTAL CLAIM IN THE AMOUNT OF $38,755
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; NO REPORTABLE ACTION
e.Conference with legal counsel - Existing Litigation Government Code section 54958.9(a) Juan Espinoza, James Foster Womble, Paul Marquez, Aaron Epperly and Eric Schmidt v. County of Fresno United Stales District Court Eastern District of California, Case No. 1:07-CV-01145-OW W-SMS
HELD; NO REPORTABLE ACTION
f.Conference with legal counsel - Existing Litigation; Government Code section 54956.9(a); Medical Advocates for Healthy Air, Eugenia Melecio v. County of Fresno, Fresno County Board of Supervisors; Fresno County Superior Court Case No. 07 CE CG 03844
HELD; NO REPORTABLE ACTION
g.Conference with legal counsel - Initiation of Litigation; Government Code section 54956.9(c); No. of Cases: 1
HELD; NO REPORTABLE ACTION
h.Conference with legal counsel - Existing Litigation; Government Code section 54956.9(a); County of Fresno v. Michigan House Inc; Fresno County Superior Court Case No. 06CECG02168
HELD; NO REPORTABLE ACTION
Sitting as the IHSS Public Authority Governing Board
a.Public Employee Performance Evaluation, Government Code section 54957 - Title: In-Home Supportive Services Executive Officer
HELD; NO REPORTABLE ACTION
NOON RECESS
2:00 P.M.
18.Afternoon Consent Agenda - Item Numbers 41 – 51
-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
APPROVED AS RECOMMENDED
Motion by: / Waterston / Second by: / CaseAyes: / Waterston, Case, Anderson, Larson, Perea / Noes: / None
Abstentions: / None / Absentees: / 0
Administrative Office
19.Conduct a protest hearing on imposing new water user fees for County Service Area No. 34-A (CSA No. 34-A) as required under Proposition 218; if there is not a majority protest on the new water fees, adopt resolution establishing new fees; and direct staff to include increased fees on the Master Schedule of Assessments, Fees, Charges, and Recovered Costs for Administrative Purposes
CONDUCTED PROTEST HEARING; NO PUBLIC TESTIMONY; CLOSED HEARING; TABULATED PROTEST LETTERS; CONFIRMED THAT THERE WAS NO MAJORITY PROTEST TO INCREASED FEES; ADOPTED RESOLUTION ESTABLISHING INCREASE FEE AND DIRECTED STAFF TO INCLUDE FEE ON MASTER SCHEDULE OF ASSESSMENTS, FEES, CHARGES AND RECOVERED COSTS FOR ADMINISTRATIVE PURPOSES
RESO 08-052
Motion by: / Case / Second by: / LarsonAyes: / Case, Larson, Anderson, Waterston, Perea / Noes: / None
Abstentions: / None / Absentees: / 0
20.Consider and take action on appeal of the Planning Commission's denial of Tentative Parcel Map Application No. 8044, proposing to allow the creation of two parcels, having lot areas of 12,599 square feet and 23,984 square feet, from an existing 36,583 square foot parcel of land in the R-1-B Zone District located on the south side of Gettysburg Avenue between Maroa and Wishon Avenues (820 E. Gettysburg Avenue)
CONDUCTED HEARING; RECEIVED PUBLIC TESTIMONY; CLOSED HEARING;
MOTION TO DENY THE APPEAL AND UPHOLD THE PLANNING COMMISSION’S DENIAL OF TENTATIVE PARCEL MAP APPLICATION NO. 8044 FAILED FOR A LACK OF AFFIRMATIVE VOTES
Motion by: / Anderson / Second by: / LarsonAyes: / Anderson, Larson / Noes: / Case, Waterston, Perea
Abstentions: / None / Absentees: / 0
UPHELD APPEAL, ADOPTED REQUIRED FINDINGS AND APPROVED TENTATIVE PARCEL MAP APPLICATION NO. 8044, SUBJECT TO RECOMMENDED CONDITIONS;
Motion by: / Case / Second by: / WaterstonAyes: / Case, Waterston, Perea / Noes: / Anderson, Larson
Abstentions: / None / Absentees: / 0
21.Conduct public hearing and adopt resolution establishing a Transportation Impact Mitigation Fee associated with the development of Tract No. 4870, located on the south side of Millerton Road between Friant and Auberry Roads
CONDUCTED PUBLIC HEARING; NO PUBLIC TESTIMONY; CLOSED HEARING; ADOPTED RESOLUTION ESTABLISHING A TRANSPORTATION IMPACT MITIGATION FEE ASSOCIATED WITH THE DEVELOPMENT OF TRACT NO. 4870, LOCATED ON THE SOUTH SIDE OF MILLERTON ROAD BETWEEN FRIANT AND AUBERRY ROADS
RESO 08-053
Motion by: / Case / Second by: / LarsonAyes: / Case, Larson, Anderson, Waterston, Perea / Noes: / None
Abstentions: / None / Absentees: / 0
22.Eliminate further consideration of the "H" Street properties as a possible location for the proposed Department of Public Works and Planning office building; and provide an update on progress of ongoing negotiations for new office facility for Department of Public Works and Planning
APPROVED ELIMINATION OF “H” STREET PROPERTIES AS A POSSIBLE LOCATION FOR THE PROPOSED DEPARTMENT OF PUBLIC WORKS AND PLANNING OFFICEBUILDING; DIRECTED STAFF TO CONTINUE WORKING ON THE OTHER THREE SITES WITH A DECISION TO RETURN TO THE BOARD IN MARCH OR APRIL OF 2008
Motion by: / Larson / Second by: / WaterstonAyes: / Larson, Waterston, Case, Perea / Noes: / Anderson
Abstentions: / None / Absentees: / 0
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 AND RECEIVED; REFERRED TO STAFF FOR REVIEW AND RESPONSE
SPECIAL ITEM NOT INCLUDED ON POSTED AGENDA
APPROVED REQUEST TO TAKE ACTION ON ITEM NOT INCLUDED ON POSTED AGENDA, FINDING THE NEED FOR ACTION AROSE AFTER POSTING OF THE AGENDA
Motion by: / Case / Second by: / LarsonAyes: / Case, Larson, Anderson, Waterston, Perea / Noes: / None
Abstentions: / None / Absentees: / 0
ADJOURNED IN MEMORY OF ROY RABB
APPROVED AS RECOMMENDED
Motion by: / Case / Second by: / LarsonAyes: / Case, Larson, Anderson, Waterston, Perea / Noes: / None
Abstentions: / None / Absentees: / 0
ADJOURNED
Motion by: / Anderson / Second by: / LarsonAyes: / Anderson, Larson, Case, Waterston, Perea, / Noes: / None
Abstentions: / None / Absentees: / 0
NEXT MEETINGS:
February 5, 2008 - 9:00 AM
February 26, 2008 - 9:00 AM
MORNING CONSENT AGENDA– Item Numbers 24 – 40
(Any Board Member may pull any consent item for discussions on separate vote)
APPROVED WITH THE EXCEPTION OF ITEM NOS. 26, 27 AND 33 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE; AGENDA ITEM NO. 29 WAS DELETED AS NOTED IN ITEM NO. 1 OF AGENDA
Motion by: / Case / Second by: / LarsonAyes: / Case, Larson, Anderson, Waterston, Perea, / Noes: / None
Abstentions: / None / Absentees: / 0
Board of Supervisors
24.Approve minutes of January 15, 2008
Supervisor Case
25.Adjourn in remembrance of Lionel Martin Serimian. Mr. Serimian was a graduate of SelmaHigh School where he served as student body president. Mr. Serimian was involved in the family farming business in Selma and was known as an advocate for the marketing of high quality nectarines. Mr. Serimian will be remembered for his love of life and family
Assessor-Recorder
26.Adopt resolution setting public office hours of the Assessor-Recorder as Monday through Friday, 8:00 A.M. to 4 P.M.
NO ACTION TAKEN
Sheriff
27.Adopt budget resolution increasing FY 2007-08 appropriations and estimated revenues for Sheriff Budget Org 3111 in the amount of $229,297.98 for the purchase and up-fitting of replacement vehicles (4/5 vote)
APPROVED WITH THE CONDITION THAT A LONG RANGE PLAN FOR REPLACEMENT VEHICLES WILL BE BROUGHT TO THE BOARD FOR DISCUSSION
RESO 08-047
Motion by: / Anderson / Second by: / WaterstonAyes: / Anderson, Waterston, Case, Larson, Perea / Noes: / None
Abstentions: / None / Absentees: / 0
28.Conduct second hearing to consider amending the Fresno County Master Schedule of Fees, Charges and Recovered Costs Ordinance by amending Section 2600: Subsection 2602 - Sheriff Explosives Permit, Subsection 2607 - Sheriff Arrest File Duplication Rate, and Subsection 2608 - Sheriff Clearance Letters; and waive reading of all ordinances in their entirety
ORD 08-003
29.Approve and authorize the Chairman to execute a retroactive eight-year lease agreement with Land Management Opportunities, LLC, for Area 2 Substation located at 5717 E. Shields, Fresno, to be used by Sheriff's Department ($960,000)
30.Approve and authorize a retroactive submission of a grant application to the U.S. Department of Justice for the OVW Grants to encourage arrest Policies and Enforcement of Protection Orders Program in the amount $400,000
CountyCounsel
31.Authorize CountyCounsel to file disclaimers of interest with Court in four Pacific Gas & Electric initiated eminent domain cases for power lines in the vicinity of Olive Avenue between Fowler and Armstrong
Administrative Office
32.Approve State Legislative Position Papers on court facility transfers and health care reform
33.Approve conceptual commitment to lease the Delinquency Court at 742 South Tenth Street to Fresno County Superior Court upon completion of new Delinquency Court at 3333 East American Avenue
CONTINUED AGENDA ITEM NO. 33 TO TWO MONTHS
Motion by: / Larson / Second by: / AndersonAyes: / Larson, Anderson, Case, Waterston, Perea, / Noes: / None
Abstentions: / None / Absentees: / 0
34.Rescind two-year appointment of landowner district candidate Kenneth Carvalho who ran unopposed for a seat on Reclamation District No. 1606; and appoint Kenneth Carvalho to Reclamation District No. 1606 for a four-year term in lieu of the district holding elections
35.Approve in Org 8905 placing Information Technology Analyst, Network Systems Engineer and IT Support Technician I/II/III/IV/Sr. positions (including confidential series) in partial combination; approve in Org 8930 placing Information Technology Analyst and Information Technology Support Technician I/II/III/IV/Sr. positions in partial combination; approve in Org 8905 addition of classification Administrative Services Assistant and place in partial combination with existing group; approve in Org 8905 placing existing Office Assistant I/II/III positions in partial combination with Administrative Services Assistant/Administrative Secretary-Confidential/Secretary-Confidential I/II/III/IV positions
SAL RESO 08-003
36.Approve Resolutions rejecting Claims for Damages
RESO 08-026 THROUGH 08-040
37.Adopt resolution approving the submittal of applications to the California Integrated Waste Management Board for Waste Tire Enforcement grant funds; authorize the Director of the Department of Community Health, or designee, to sign and submit five successive and separate one-year grant applications and payment requests to secure grant funding
RESO 08-041
38.Adopt Administrative Policy No. 61 - Travel/Lodging Costs to Attend Peace Officer Memorials
Waive Competitive Bidding Process Consistent with Administrative Policy No. 34
39.Make a finding that it is in the best interest of the County to waive the competitive bidding process; Retroactive sole source Automated Vital Statistics System on the Internet Software Agreement with The Regents of the University of California ($19,004); Retroactive sole source Automated Vital Statistics System on the Internet Technical Assistance Agreement with The Regents of the University of California ($21,300); and Agreement with local hospitals to participate in the Automated Vital Statistics System on the Internet for the registration of births in Fresno County ($0)
AGT 08-034 THROUGH 08-036
Agreements - Approve and Authorize Chairman to Execute
40.Retroactive Amendment to Revenue Agreement with California Department of Education to accept increased Child Care Alternative Payment Provider program revenues ($1,899); Amendment to Agreement with Supportive Services, Inc., to increase funding by $1,899 to maximum reimbursable amount of $14,052,483 for Child Care Alternative Payment Program services; and incorporate amended language in the California Department of Education FY 2007-08 Funding Terms and Conditions
AGT 08-037, AGT 08-038
Afternoon Consent Agenda
AFTERNOON CONSENT AGENDA– Item Numbers 41 – 51
(Any Board Member may pull any consent item for discussions on separate vote)
APPROVED AS RECOMMENDED
Motion by: / Waterston / Second by: / CaseAyes: / Waterston, Case, Anderson, Larson, Perea / Noes: / None
Abstentions: / None / Absentees: / 0
Sitting as Board of Directors for Water Works District No. 41
41.Approve transfer of cash in amount of $37,397.78 from Waterworks District No. 41-Sewer, Zone-1, Fund 0920, Subclass 16620, Cash Account 0110 to Waterworks District No. 41, Fund 0920, Subclass 16000, ORG 9351, Cash Account 0110; and adopt Budget Resolution increasing appropriations for FY 2007-08, Waterworks District No. 41, ORG 9351 in amount of $24,433 from General Reserves (4/5 vote)