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ACTION SUMMARY MINUTES

TUESDAY

February 3, 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 / 1. / Morning Consent Agenda – Item Numbers 13 - 25
-(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
Chair Anderson
ALCWAn / 2. / Adopt resolutions recognizing Martin Sanchez – Probation Department, Heidi Porter – Elkhorn Correctional Facility, and Rudy Diaz – Juvenile Hall as the 2003 Employees of the Year
APPROVED AS RECOMMENDED
Chair Anderson and Supervisor Case
ACLWAn / 3. / Proclaim February 2004 as American Heart Association Month and recognize “Go Red For Women Campaign”
APPROVED AS RECOMMENDED; ADOPTED RESOLUTION NO. 04-038
Supervisor Larson
ALCWAn / 4. / Consider and take action on the creation of an Advisory Committee to review, evaluate and make recommendations to the Board regarding the preservation, use and enhancement of historical Kearney Park
APPROVED CREATION OF THE HISTORICAL PARK ADVISORY COMMITTEE, WITH AN 11 MEMBER BOARD TO INCLUDE ONE STAFF MEMBER FROM THE CITY OF FRESNO’S PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENTS AND ONE MEMBER FROM THE RECREATION AND WILDLIFE COMMISSION. BACKGROUND OF MEMBERS ARE PREFERRED AND NOT REQUIRED
Auditor-Controller/Treasurer-Tax Collector
AWCLAn / 5. / Receive and file the financial and operational audit report as presented by KPMG of the Information and Technology Systems Department for
Fiscal Years June 30, 2002 and 2003
ACCEPTED REPORT AND CONTINUED TO MARCH 2, 2004, FOR FURTHER DISCUSSION
Administrative Office
/ 6. / Adopt resolution approving the sale and issuance of Series 2004 Taxable Pension Obligation Refunding Bonds in the aggregate principal amount not to exceed $307,000,000 to finance the most recent unfunded accrued actuarial liability for employee pension benefits
7. / Board of Supervisors’ Committee Reports – Receive and provide direction (This item reserved for committee reports by members of the Board of Supervisors)
RECEIVED
ALCWAn / 8. / Board Appointments – (List attached in packet and posted on bulletin board outside of Board Chambers)
FRESNO-MADERA AREA AGENCY ON AGING – GOVERNING BOARD
APPOINTED EDWARD HOKOKIAN TO REPLACE AUGIE D. CALDERA
HOUSING & COMMUITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE
APPOINTED LORENZO LANDIN, JR. TO REPLACE DISTRICT 3 METRO POSITION VACATED BY FELICIANO PLATAS LARA
HOUSING AUTHORITY OF FRESNO COUNTY
REAPPOINTED NANCY MARSH
REAPPOINTED MARY ANN RIOJAS
HUMAN RESOURCES ADVISORY BOARD
APPOINTED VERA G. KENNEDY TO REPLACE KRIS STUEBNER
SAN JOAQUIN VALLEY WATER COALITION COUNCIL
REAPPOINTED KARLA FULLERSON
REAPPLINTED DAVID ORTH
REAPPOINTED SARGEANT J. GREEN
REAPPOINTED PAUL PL KALPAKOFF
APPROVED NOMINATIONS FOR APPOINTMENTS/REAPPOINTMENTS
9. / Closed Session –
  1. Pending Litigation Section 54956.9(a) – WCAB Case No. FRE 0216183
Patrick O’Brian v. County of Fresno, et al.
  1. Pending Litigation Section 54956.9(b) – Sylvia Sorondo v. County of Fresno, et al.
  2. Conference with legal counsel – Initiation of Litigation Government Code Section 54956.9(c) – No. of Cases: 1
  3. Conference with Labor Negotiator (GC 54957.6): Agency Negotiator: Ralph Jimenez Employee Organization: SEIU-Local 535, Units 2, 3, 4, 12, 22, and 36 – Hours, Wages and Terms and Conditions of Employment
HELD
NOON RECESS

2:00 P.M.

ACLWAn / 10. / Afternoon Consent Agenda – Item Number 26
-(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 WITH THE EXCEPTION OF THE ADDENDUM WHICH WAS PULLED FOR DISCUSSION
Administrative Office
CALWAn / 11. / Consider and take final action to deny appeal and uphold Director’s determination that substantial development of surface mining and processing operation and associated reclamation authorized by Conditional Use Permit No. 2765 has occurred prior to expiration of permit thereby allowing project to proceed, project site located on south side of E. Goodfellow Avenue between Cameron Slough and S. Riverbend Avenue alignment (15655 E. Goodfellow Avenue)
BOARD DENIED APPEAL AND UPHELD THE DIRECTOR’S DETERMINATION OF SUBSTANTIAL DEVELOPMENT; DIRECTED STAFF TO SET A REVOCATION HEARING FOR CUP NO. 2765 FOR A DATE AS NEAR AS PRACTICABLE ON OR AFTER DECEMBER 7, 2005
12. / 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
ADDENDUM TO AGENDA
Administrative Office
ACLWAn / Approve and authorize the Interim Director of Public Works and Planning to execute U.S. Immigration and Naturalization Service (INS) Form G-28 consenting to the appearance of the law offices of Jacob M. Weisberg to represent the County in the matter of a petition for a non-immigrant worker H1-B visa classification, in the case of Meenakashi Singh; authorize the Interim Director of Public Works and Planning to execute INS Form I-129, petition for non-immigrant work to fill a vacant Planning and Resource Analyst II position; and delegate authority to the Interim Director of Public Works and Planning to extend a formal offer of employment to Meenakashi Singh that satisfies HI-B visa requirements (see special item on next page which was added to this agenda item)
Placement on Agenda: To Follow Item 26
APPROVED AS RECOMMENDED AFTER ADDITION OF SPECIAL ITEM
SPECIAL ITEM NOT INCLUDED ON POSTED AGENDA
ACLWAn
ACLWAn / APPROVED REQUEST TO TAKE ACTION ON ITEM NOT INCLUDED ON POSTED AGENDA, FINDING THE NEED FOR ACTION AROSE AFTER POSTING OF THE AGENDA
AUTHORIZED CHAIR TO EXECUTE CONFLICT OF INTEREST WAIVER FOR ATTORNEY JACOB WEISBERG TO REPRESENT COUNTY IN IMMIGRATION AND NATURALIZATION SERVICE PROCEEDING
CLAWAn / ADJOURN
NEXT MEETINGS:
February 10, 2004 – 9:00 A.M.
March 2, 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 / MORNING CONSENT AGENDA – Item Numbers 13 - 25
(Any Board Member may pull any consent item for discussion or separate vote)
APPROVED AS RECOMMENDED
Administrative Office
13. / Approve resource projects to fund with approximately $203,752 in
FY 2002-03 HR 2389 Federal Forest Reserve Title III – County Project funds: 1) 50% of available funds (approximately $101,876) to Fresno County Office of Education for Scout Island Educational Facility for amphitheater and related riparian educational site development; 2) 25% of available funds (approximately $50,938) to Sheriff’s Department for Search and Rescue or Emergency Services on Federal Forest Lands; and 3) 25% of available funds (approximately $50,938) to Department of Public Works and Planning for a pine needle management demonstration program to address removal of pine needles for fire security in the urban/wildland interface area
14. / Receive filing of the Employees’ Retirement Association Comprehensive Financial Report for FY 2002-03
15. / Approve and authorize the Assistant Director, Department of Children and Family Services, to close the Family Oriented Care and Assessment Services program and return the group home license to the California Department of Social Services Community Care Licensing Division
16. / Adopt resolution authorizing the Director of Adult Services to retroactively submit an application to the State Department of Housing and Community Development for Emergency Housing Assistance Program grant funding
17. / Approve and authorize Clerk to execute Budget Transfer No. 43 for
FY 2003-04 Human Services System, Department of Finance and Operational Support, to purchase two copy machines for the Childcare Payments Division ($14,294)
18. / Approve and authorize Clerk to execute Budget Transfer No. 44 to reallocate existing prior year carryover funds within the Department of Community Health to purchase software ($125,000)
Agreements – Approve and Authorize Chairman to Execute
19. / Grant agreement with the California State Library for the purpose of construction of the Mendota Library
20. / Amendment to agreement with the California Department of Pesticide Regulation for pesticide regulatory activities ($243,478)
21. / Retroactive – revenue Standard Agreement with the California Department of Health Services for receipt and administration of Emergency Medical Services appropriation funds ($599,512)
22. / Amendment to agreement with Aramark Correctional Services, Inc., for provision of food services to consumers in Psychiatric Health Facility and Psychiatric Assessment Center for Treatment ($165,500)
23. / Sole source agreement with the National Training Institute, a Training Partner of the Children’s Research Triangle, to provide consultation and technical assistance for the development of a comprehensive and integrated community-wide system of care for perinatal substance abuse ($122,000)
24. / Agreements for transfer of title and ownership by donating the County capital equipment (list on file with Clerk to the Board) to various community based non-profit agencies: 1) Central Valley Children’s Services Network, Inc.; 2) Fresno County Economic Opportunities Commission, Inc.; 3) Fresno Interdenominational Refugee Ministries, Inc.; and 4) Lao Family Community of Fresno; and declare the County capital equipment as surplus property
25. / Lease with Austin Enterprises for office space located at 5070 E. Clinton Way ($423,750); and adopt resolution increasing the FY 2003-04 General Services – Facility Services Organization in the amount of $1,300,000 to replace furniture and equipment destroyed in the building fire (4/5 vote)
ACLWAn / AFTERNOON CONSENT AGENDA – Item Number 26
(Any Board Member may pull any consent item for discussion or separate vote)
APPROVED AS RECOMMENDED WITH THE EXCEPTION OF THE ADDENDUM WHICH WAS PULLED FOR DISCUSSION
Administrative Office
26. / Approve and authorize Chairman to execute agreement with BSK & Associates to provide civil engineering consultant services for preparation of plans, specifications, and cost estimate for reclamation of unlined thirty acres at American Avenue Disposal Site Phase I