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ACTION SUMMARY MINUTES
TUESDAY
September 13, 2005
1:00 P.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.
Morning
1. Consent Agenda - Item Numbers 12 – 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 comment on any Consent Item)
- Items to be removed from Consent for Discussion
- Approval of Consent Agenda
- Discussion/Action on Items removed from Consent Agenda
APPROVED AS RECOMMENDED, WITH THE EXCEPTION OF THE ADDENDUM AND ITEM NO. 19, WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE
Supervisor Larson
2. Proclaiming September 11 through September 17, 2005, as 4-H Club Week
APPROVED AS RECOMMENDED
Administrative Office
3. Conduct public protest hearing to consider levying assessment for maintenance of roads benefiting lots within proposed Tract No. 5186 of Wildflower Village Development
APPROVED RECOMMENDED ACTION NOS. 1A, 2 AND 3 OF AGENDA ITEM
4. Conduct public protest hearing to consider levying assessment for outlot and open space maintenance benefiting lots within existing tracts and proposed Tract No. 5186 of Wildflower Village Development
APPROVED RECOMMENDED ACTION NOS. 1A, 2 AND 3 OF AGENDA ITEM
5. Consider and take following actions on proposed Community Facilities District 2005-03, Wildflower Village, Tract 5186: Conduct public protest hearing to consider Special Tax to finance Sheriff's Police Protection Services; form proposed District; conduct special landowner/voter election of Special Tax Levy and initial appropriations limit of District ($733,000); adopt related resolutions taking such actions; hold first reading of tax levy ordinance for Special Tax; and waive reading of ordinance in its entirety and set second hearing for October 11, 2005
APPROVED RECOMMENDED ACTION NOS. 1, 2, 3 AND 4 OF AGENDA ITEM
CONDUCTED SPECIAL LANDOWNER ELECTION, PER RECOMMENDED ACTION NO. 5 OF AGENDA ITEM; APPROVED RECOMMENDED ACTION NO. 6 OF AGENDA ITEM
APPROVED RECOMMENDED ACTION NO. 7 OF AGENDA ITEM (INCLUDING WAIVING READING OF ORDINANCE IN ITS ENTIRETY)
APPROVED RECOMMENDED ACTION NO. 8 OF AGENDA ITEM
6. Consider and adopt resolution forming Fresno County Underground Utility District No. 65, Academy Avenue from one-quarter mile south of Jefferson Avenue to Jefferson Avenue
APPROVED AS RECOMMENDED
7. Board of Supervisor's Committee Reports - Receive and provide direction (This item reserved for committee reports by members of the Board of Supervisors)
HELD
8. Board Appointments - (List attached in packet and posted on bulletin board outside of Board Chambers)
HELD
9. 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
10. Closed Session -
Closed Session -
a. Conference with legal counsel - Existing Litigation, Government Code section 54956.9(a), NMS v. County of Fresno, Superior Court Case NO. 02 CE CG 02025
Sitting as the IHSS Public Authority Governing Board
THE BOARD UNANIMOUSLY AUTHORIZED COUNTY COUNSEL TO FILE A WRIT IN THE MATTER OF NMS V. COUNTY OF FRESNO, SUPERIOR COURT CASE NO. 02 CE CG 02025
AFTERNOON RECESS
Clovis City Council Chambers
1033 Fifth Street, Clovis
6:00 PM
Administrative Office
11. Consider and take action on appeal, filed by Huey Hodges Jr., of Planning Commission's approval of Unclassified Conditional Use Permit Application No. 3111, proposing to allow three 401-foot high radio transmission towers and related facilities on approximately 28-acre portion of 166.19-acre parcel located in AE-20 District
MOTION TO UPHOLD THE APPEAL FAILED TO PASS
DIRECTED STAFF TO PREPARE AN ENVIRONMENTAL IMPACT REPORT AND RETURN TO THE BOARD; ALSO DIRECTED STAFF TO SET UP A MEETING WITH THE CITY OF CLOVIS TO WORK THROUGH THE TIMING ISSUES REGARDING RELOCATION OF RADIO TOWERS
ADDENDUM
Administrative Office
Conduct second hearing of proposed ordinance to amend Fresno County Ordinance Code Section 15.08.020 of Title 15 relating to standards regulating solid fuel/wood burning devices within the unincorporated areas of Fresno County
Placement on Agenda: To follow Item 27
APPROVED AS RECOMMENDED;DIRECTED STAFF TO BRING BACK AN AMENDMENT WITH LANGUAGE THAT WOULD CLARIFY THAT THE EPA STANDARD IS THE MINIMUM STANDARD SO THAT IT IS CLEAR THAT PELLET STOVES OR OTHER TECHNOLOGICALLY ADVANCED STOVES THAT EXCEED THE EPA STANDARD WOULD BE ALLOWED
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
DIRECTED STAFF TO DEVELOP A POLICY STATEMENT ON THE KATRINA EVACUEES AND MAKE AVAILABLE ON THE WEBSITE AND EXPLORE POSSIBILITY OF ALLOWING EMPLOYEES TO CASH OUT ANNUAL LEAVE AS A DONATION TO THE RED CROSS
ADJOURNED
NEXT MEETINGS:
September 16, 2005 - 9:00 A.M. Board Workshop on General Plan
Cornerstone Conference Center - 1525 Fulton Street
September 20, 2005 - 9:00 A.M.
September 27, 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.
Morning Consent Agenda
CONSENT AGENDA – Item Numbers 12 – 34
(Any Board Member may pull any consent item for discussion or separate vote)
APPROVED AS RECOMMENDED, WITH THE EXCEPTION OF THE ADDENDUM AND ITEM NO. 19, WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE
Supervisor Anderson
12. Recognize Tree Fresno's 20th Anniversary
Auditor-Controller/Treasurer-Tax Collector
13. Approve reimbursement of a cash shortage in the amount of $402.88 which occurred in the Jail Booking Unit of the Sheriff's Department
14. Approve reimbursement of two cash shortages totaling $219.90 which occurred at the Jail Booking Unit of the Sheriff's Department
15. Adopt resolution authorizing the issuance and sale of bonds of the Parlier Unified School District, prescribing the terms of sale of said bonds and authorizing the execution of necessary certificates relating to said bonds
Coroner-Public Administrator/Public Guardian
16. Adopt resolution increasing FY 2005-06 appropriations and estimated revenue for Org. 43300020 in the amount of $4,000 (4/5 vote)
17. Adopt Salary Resolution, Appendix "C" , extending the date of deletion of one Eligibility Worker position, Org. 4330
District Attorney
18. Approve and authorize the District Attorney to submit a retroactive grant application/ agreement for the Multi-Agency Gang Enforcement Consortium (MAGEC) 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, including any extensions or amendments thereof ($93,000)
Administrative Office
19. Approve and authorize the County Administrative Officer to approve and execute a contract with a commercial real estate firm to negotiate the purchase of land for a new Central Library subject to approval of County Counsel and Auditor-Controller/Treasurer-Tax Collector; and authorize staff to initiate and complete an environmental review as required by the California Environmental Quality Act and the National Environmental Protection Act
APPROVED AS RECOMMENDED
20. Adopt resolution increasing the FY 2005-06 Facility Services Org. 0135 in the amount of $228,130 for repairs due to fire damage at the Elkhorn Boot Camp and structural damage at the Hall of Records Garage Tunnel (4/5 vote)
21. Adopt resolution authorizing submittal of application to California State Department of Housing and Community Development for funding under CalHome Program ($500,000); authorize Director of Department of Public Works and Planning to execute application and related documents necessary for participating in CalHome Program and, if selected for funding, authorize 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 Auditor-Controller/Treasurer-Tax Collector
22. Adopt budget resolution increasing FY 2005-06 appropriations in the amount of $39,215 in American Avenue Disposal Site Enterprise Fund, Org. 9026, from Disposal Site Reserves (4/5 vote)
23. Approve substitution of S D Drilling for The Mahaffey Companies as subcontractor for gas production well drilling and installation on Contract No. 05-02-SW for construction of Landfill Gas Collection System Phase II at American Avenue Disposal Site
24. Approve substitution of The Twining Laboratories for B & B Drilling as subcontractor for monitor well drilling and installation on Contract No. 05-02-SW for construction of Landfill Gas Collection System Phase II at American Avenue Disposal Site
25. Accept Easement Deeds and approve right-of-way contracts for Friant Road, from Willow Avenue to Bugg Avenue and from Bugg Avenue to North Fork Road, for total monetary consideration of $222,800
26. Award Contract No. 04-05-C, Traffic Signal and Highway Lighting at intersection of Academy and Belmont Avenues, Federal Congestion Mitigation and Air Quality Program, Project No. CML 5942 (111), to low bidder American Paving Co., 315 N. Thorne Avenue ($287,357)
27. Approve and authorize chairman to execute Transportation Funding Claim for FY 2005-06; and adopt resolution requesting Council of Fresno County Governments to allocate specified funds from Local Transportation Fund and State Transit Assistance Fund
Agreements - Approve and Authorize Chairman to Execute
28. Retroactive revenue agreement with California Integrated Waste Management Board for FY 2005-06 Local Enforcement Agency Grant Funds ($26,938)
29. Retroactive Glassy-Winged Sharpshooter Citrus Trapping Agreement with the California Department of Food and Agriculture for FY 2005-06 ($152,320)
30. Find that there are unusual or extraordinary circumstances permitting waiver of the competitive bidding process required for service contracts; approve and authorize the Chairman to execute a sole-source Agreement with Judith Gonzalez-Calvo, Ph.D., dba Evalustats, to provide technical assistance and evaluation for Babies First
31. "AGREEMENT TO DEFEND PUBLIC OFFICERS OR EMPLOYEES" for Bo Houngviengkham, Deputy Sheriff, as named in Superior Court Case No: 05CECG 01399 MWS - Regalado, et al., v. County of Fresno, et al.
32. "AGREEMENT TO DEFEND PUBLIC OFFICERS OR EMPLOYEES" for Felix Manuel Jurado, Driver, Graphic Communications, Department of General Services; as named in Superior Court Case No: 05 CE CL 05329 - Sa Fong Her, Shoua Moua v. County of Fresno, et al.
33. "AGREEMENT TO DEFEND PUBLIC OFFICERS OR EMPLOYEES" for Dr. Gary D. Zomalt, Director of Children and Family Services; as named in Superior Court Case No: 05-CV-00927-OWW-WO - Gary Jensen and Judy Jensen on behalf of M.J., a minor, v. County of Fresno, et al.
34. Memorandum of Understanding between Fresno County Office of Education and Fresno County to provide DMV access for authorized usersda