Rescind Appointment of Dallas Debatin

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ACTION SUMMARY MINUTES

TUESDAY

MAY 11, 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.
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CALWAn / 1. / Morning Consent Agenda – Item Numbers 22-46
-(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 NOS. 28, 29, 30 AND 46 WHICH WERE PULLED FOR DISCUSSION
APPROVED ITEM NO. 28 AS RECOMMENDED
CONTINUED ITEM NO. 29; DIRECTED STAFF TO RETURN TO THE BOARD WITH ALTERNATIVES
RECEIVED ITEM NO. 30; DIRECTED STAFF TO CONVEY COUNTY BOARD’S CONCERNS AND COMMENTS REGARDING THE TRAFFIC IMPACTS TO FRESNO COUNTY ASSOCIATED WITH THE RIVER RANCH ESTATES PROPOSAL AND MADERA COUNTY’S POLICY OF NOT REQUIRING TRAFFIC MITIGATION OUTSIDE OF MADERA COUNTY, AND REQUEST JOINT MEETING WITH MADERA COUNTY TO DISCUSS REGIONAL TRAFFIC ISSUES
APPROVED ITEM NO. 46; DIRECTED STAFF TO PROVIDE THE BOARD WITH A SEMI-ANNUAL REPORT OF PROJECTS
Chair Anderson
2. / Presentation of Retirement Plaque to Michael Patterson – Department of Employment and Temporary Assistance, 28 years of service
RECEIVED
ALCWAn / 3. / Proclaim May 9 through 15, 2004, as Volunteers in Parole Week
APPROVED AS RECOMMENDED; ADOPTED RESOLUTION NO. 04-212
Administrative Office
AWCLAn / 4. / Accept verbal presentation by Chairman of the Public Safety Citizen’s Advisory Committee and accept committee’s final report
ACCEPTED; DIRECTED STAFF TO REVIEW THE ITEMS THAT DO NOT DEAL WITH THE TAX MEASURE AND RETURN TO THE BOARD WITH A TIMETABLE OF STAFF’S RECOMMENDATIONS. STAFF TO WORK WITH THE BOARD IN NEGOTIATING WITH THE CITY OF FRESNO FOR A SALES TAX MEASURE
AWCLAn / 5. / Receive verbal report on Assembly Bill 223 (1999); consider and take action on and provide direction to staff regarding funding options for fire protection services (continued from March 16, 2004)
RECEIVED; DIRECTED STAFF TO DO FURTHER ANALYSIS AND RETURN TO THE BOARD AT THE NEXT MEETING
ACLWAn / 6. / Conduct first hearing on ordinance to amend Fresno County Ordinance Code Sections 2.38.010, 2.38.020 and 2.38.030 of Chapter 2.38 to Title 2 relating to the Children and Families Commission
APPROVED AS RECOMMENDED WITH AN ADDITION TO SECTION 2.38.030D WHICH SHALL READ…SUPERVISORS AT A PUBLIC MEETING AND CALIFORNIA…; WAIVED READING OF ORDINANCE IN ITS ENTIRETY
CLWAn
A/ab / 7. / Conduct first 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, and set second hearing for May 25, 2004
APPROVED AS RECOMMENDED; WAIVED READING OF ORDINANCE IN ITS ENTIRETY
LCAWAn / 8. / Conduct first hearing to consider amending the Ordinance Code by readopting uncodified sections and by amending Sections 4.20.010 and 4.20.110 of Chapter 4.20 of Title 4 thereof, imposing a successor countywide transactions and use tax to supplement funding for public libraries, to be administered by the State Board of Equalization and set second hearing May 18, 2004
APPROVED AS RECOMMENDED; WAIVED READING OF ORDINANCE IN ITS ENTIRETY
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WAn/no / 9. / Consider Appeal by Marjaree Mason Center of the Human Resources Advisory Board recommendation for distribution of Marriage License Fees
PROVISIONALLY DENIED APPEAL PENDING STAFF RETURNING WITH OPTIONS TO ASSIST MARJOREE MASON CENTER
LWCAAn / 10. / Direct staff to prepare a resolution creating the Fresno County Zoo Authority, to prepare an ordinance proposing a zoo sales tax measure, and to develop an election expenses agreement with the sponsoring committee setting the reimbursement amount.
DIRECTED STAFF TO PREPARE A RESOLUTION CREATING THE FRESNO COUNTY ZOO AUTHORITY, TO PREPARE AN ORDINANCE PROPOSING A ZOO SALES TAX MEASURE, WITH COUNTY TO ABSORB THE COST OF THE ELECTION
11. / Board of Supervisors’ Committee Reports – Receive and provide direction (This item reserved for committee reports by members of the Board of Supervisors)
HELD
ACLWAn / 12. / Board Appointments – (List attached in packet and posted on bulletin board outside of Board Chambers)
HUMAN RESOURCES ADVISORY BOARD

RESCIND APPOINTMENT OF DALLAS DEBATIN

MENTAL HEALTH BOARD

REAPPOINTED THAI FANG

REAPPOINTED MERIDITH THURSTON
APPOINTED JENNIFER MONREAL TO REPLACE MOLLY YANG
WASTEWATER ADVISORY BOARD

APPOINTED DEBORAH SAFFELL

APPROVED NOMINATIONS AND RESCISSION FOR APPOINTMENTS/ REAPPOINTMENTS
13. / Closed Session –

Conference with legal counsel – Existing Litigation, Government

Code Section 54956.9(a) – County of Fresno v. Board of
Retirement, Fresno County Superior Court Case
No. 03CECG01569

Conference with legal counsel – Initiation of Litigation, Government

Code Section 54956.9(c) – No. of Cases: 1

Pending Litigation Section 54956.9(a) – WCAB Case

No. FRE0216183 - Patrick O’Brien v. County of Fresno, et al.

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

Public Employee Appointment or Employment – Title: County Counsel (GC 54957)

Sitting as IHSS Public Authority Governing Board

Conference with Labor Negotiator (GC 54957.6): Agency Negotiator: Ralph Jimenez; Employee Organization: SEIU Local 250 – Hours, Wages and Terms and Conditions of Employment

HELD
NOON RECESS

2:00 P.M.

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W/ab / 14. / Afternoon Consent Agenda – Item Numbers 47-53
-(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 ITEM NO. 50 WHICH WAS DELETED FROM THE AGENDA
Administrative Office
ACLWAn / 15. / Adopt resolution approving vacation of Wood Avenue road right-of-way from Valentine to Marks Avenues, in Riverdale
APPROVED AS RECOMMENDED; ADOPTED RESOLUTION NO. 04-213
ACLWAn / 16. / Consider and take final action on Initial Study Application No. 4926, General Plan Amendment No. 490 and Amendment Application No. 3727 filed by Nelson Properties
CONTINUED TO MAY 18, 2004
LWACAn / 17. / Consider and take final action on Initial Study Application No. 4807-R, General Plan Amendment Application No. 493, Amendment Application No. 3722-R and Classified Conditional Use Permit No. 3034-R filed by Copart, Inc.
APPROVED RECOMMENDED ACTION WITH STIPULATION THAT AMERICAN FARMLAND TRUST NOTIFY COUNTY ONCE ACQUISITION OF AGRICULTURAL EASEMENTS OCCUR. FINAL ACTION TO BE TAKEN ON MAY 18, 2004, AS PART OF THE FIRST AMENDMENT TO THE AGRICULTURE AND LAND USE ELEMENT OF THE GENERAL PLAN FOR 2004
ACLWAn / 18. / Adopt resolution amending Agriculture and Land Use Element of General Plan as first General Plan Amendment of 2004; adopt ordinance approving Mitigated Negative Declaration prepared for Initial Study Application No. 4926, General Plan Amendment No. 490 and Amendment Application No. 3727 filed by Nelson Properties; and Mitigated Negative Declaration prepared for Initial Study Application No. 4807-R, General Plan Amendment No. 493, Amendment Application No. 3722-R and Classified Conditional Use Permit Application No. 3034-R filed by Copart, Inc.
CONTINUED TO MAY 18, 2004
ACLWAn / 19. / Conduct hearing to consider request by Clark Construction Group to substitute McClone Construction Company for Rising Sun Company, Inc., as subcontractor for concrete formwork and shotcrete on Contract No. 03-S-04, Juvenile Justice Campus Bid Package No. 2 and consider objections by Rising Sun Company to their substitution
APPROVED REQUEST BY CLARK CONSTRUCTION GROUP
ACLWAn / 20. / Conduct first 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 and set second hearing for May 25, 2004
APPROVED AS RECOMMENDED; WAIVED READING OF ORDINANCE IN ITS ENTIRETY
21. / 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
CALWAn / ADJOURN
NEXT MEETINGS:
May 18, 2004 – 9:00 A.M.
May 25, 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.
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CALWAn / MORNING CONSENT AGENDA – Item Numbers 22-46
(Any Board Member may pull any consent item for discussion or separate vote)
APPROVED AS RECOMMENDED, WITH THE EXCEPTION OF ITEM NOS. 28, 29, 30 AND 46 WHICH WERE PULLED FOR DISCUSSION
APPROVED ITEM NO. 28 AS RECOMMENDED
CONTINUED ITEM NO. 29; DIRECTED STAFF TO RETURN TO THE BOARD WITH ALTERNATIVES
RECEIVED ITEM NO. 30; DIRECTED STAFF TO CONVEY COUNTY BOARD’S CONCERNS AND COMMENTS REGARDING THE TRAFFIC IMPACTS TO FRESNO COUNTY ASSOCIATED WITH THE RIVER RANCH ESTATES PROPOSAL AND MADERA COUNTY’S POLICY OF NOT REQUIRING TRAFFIC MITIGATION OUTSIDE OF MADERA COUNTY, AND REQUEST JOINT MEETING WITH MADERA COUNTY TO DISCUSS REGIONAL TRAFFIC ISSUES
APPROVED ITEM NO. 46; DIRECTED STAFF TO PROVIDE TO THE BOARD A SEMI-ANNUAL REPORT OF PROJECTS
Chair Anderson
22. / Adopt resolution recognizing Off-Road Vehicle Safety Program
Supervisor Waterston
23. / Adopt resolution recognizing the achievement of Eagle Scout for the following: Timothy James Fabbian, Brad Hitchcock, Andrew Royster, Cody L. Pfister, and Robert S. Davidson
Auditor-Controller/Treasurer-Tax Collector
24. / Adopt resolution of Activation California Education Code Section 42649.5 and approval of the Memorandum of Understanding authorizing the Superintendent of Schools to sign Fresno County Office of Education Warrants (4/5 vote)
25. / Authorize the Auditor-Controller/Treasurer-Tax Collector to inform requesting school districts and community college districts, and, if requested by the County Board of Education, that the Board of Supervisors will not issue their Tax and Revenue Anticipation Notes (“TRANs”) in their respective names, as permitted under Government Code Section 53853
Assessor-Recorder
26. / Retroactive - approve and authorize Chairman to execute agreement for participation in the Multi-County Sales Study with California Assessor’s Association and Harold W. Bertholf, Inc.
27. / Adopt budget resolution increasing appropriations and revenues for FY 2003-04 Assessor budget, Org. 04200100 to fund contracted services provided by Regents of the University of California ($34,800) (4/5 vote)
Sheriff
LACWAn / 28. / Receive annual financial report for Inmate Welfare Trust Fund
FY 2002-03
APPROVED ITEM NO. 28 AS RECOMMENDED
Administrative Office
LCAWAn / 29. / Accept the Board of Retirement’s recommended actuarial assumption interest rate and the rates contributions in accordance with the actuary’s recommendation included in the actuarial valuation and supplemental valuation reports as of June 30, 2003
CONTINUED ITEM NO. 29; DIRECTED STAFF TO RETURN TO THE BOARD WITH ALTERNATIVES
ALCWAn / 30. / Receive status report on Environmental Impact Report for River Ranch Estates/North Fork Village Sub Area Project located in Madera County and direct staff accordingly
RECEIVED ITEM NO. 30; DIRECTED STAFF TO CONVEY COUNTY BOARD’S CONCERNS AND COMMENTS REGARDING THE TRAFFIC IMPACTS TO FRESNO COUNTY ASSOCIATED WITH THE RIVER RANCH ESTATES PROPOSAL AND MADERA COUNTY’S POLICY OF NOT REQUIRING TRAFFIC MITIGATION OUTSIDE OF MADERA COUNTY, AND REQUEST JOINT MEETING WITH MADERA COUNTY TO DISCUSS REGIONAL TRAFFIC ISSUES
31. / Adopt resolution increasing FY 2003-04 department of Adult Services Org. 56307634 ($184,236) (4/5 vote)
32. / Expand Fresno County Workforce Investment Board membership by one Post Secondary Vocational Education position, which will require the appointment of at least one additional business representative
33. / Adopt resolution supporting Community Medical Center’s request for a wavier or extension of the applicable seismic safety compliance deadline under the provisions of Section 1.5.2 of Chapter 6 Part 1 of Title 24 of the California Code of Regulations, concerning structural and nonstructural seismic safety compliance requirements for University Medical Center
34. / Approve and authorize the Chair to sign a letter to the Governor expressing support for the California Department of Food & Agriculture
35. / Request Chairman to authorize the Chief Information Officer to lease network printers, scanners, laptop PC’s, flat panel monitors, fax machines and any other such devices, not to include commodity-priced equipment such as DeskJet printers
36. / Adopt Salary resolution Amendment, Appendix “D” effective May 10, 2004, including: a) delete one vacant Deputy Chief Information Officer position Senior Management Compensation Plan (SMCP), Salary Band “C” ($87,373-$130,011); b) establish and allocate one Information Technology Business Manager position SMCP, Salary Band “F” ($49,742 - $85,332); and c) delete three Information Technology Manager positions SMCP Salary Band “E” ($59,526 - $97,929) effective July 5, 2004
37. / Adopt resolution increasing FY 2003-04 appropriations and estimated revenues in the Categorical Aid Org. 6310 – CalWORKs ($4,700,000) to finance increased program costs as a result of the cost-of-living adjustment (4/5 vote)
38. / Approve the 2004-05 Department Base Target budget level based on the allocation of Countywide revenues included in the 2004-05 Proposed Budget
39. / Adopt resolution authorizing the submission of application to the California Department of Health Services, Office of Oral Health, for a Children’s Dental Disease Prevention Program ($240,000)
40. / Adopt Administrative Policy No. 53 regarding appointments to and service on boards, commissions and committees and institute Management Directive Subject 2710
Agreements – Approve and Authorize Chairman to Execute
41. / Revenue agreement with the Fresno-Madera Area Agency on Aging for Federal Title III D preventive health funds for the Preventive Health Care for the Aging Program ($6,826); adopt resolution increasing FY 2003-04 Information Technology Services Internal Service Fund appropriations and estimated revenue for Org. 8908 for computer equipment ($5,062) (4/5 vote); and approve and authorize Clerk to execute Budget Transfer No. 93 ($5,062) within the Department of Community Health FY 2003-04 Org. 56201670 and Org. 56208550 to purchase computer equipment
42. / Agreements with Fresno Community Hospital & Medical Center and Children’s Hospital Central California for clinical training of emergency medical services paramedic students
43. / Application for assistance agreement for submission to the California Office of Homeland Security for the 2004 State Homeland Security Program grant funds ($3,068,020); adopt resolution authorizing the Director of Community Health or designee to execute necessary documents on the County’s behalf to meet grant requirements and accept supplemental funding during the term of the 2004 State Homeland Security Program; approve and authorize the Auditor-Controller/Treasurer-Tax Collector to continue issuing payments based on written order of the Homeland Security Grant Program Approval Authority in accordance with State Guidelines; and approve amendment to the salary resolution effective May 24, 2004, to delete one FTE Public Health Nutritionist I/II and two FTE Public Health Nurse I/II and add one FTE Senior Staff Analyst and one FTE Staff Analyst I/II/III to the Department of Community Health FY 2003-04 Org. 56204607 (Appendix C)
44. / Amendment to agreement with Turning Point of Central California, Inc., providing Non-Residential Relapse Prevention and Sober Living services to California Department of Corrections Parolees.
45. / Agreement with the Central Valley Regional Center for the provision of mental health services ($0)
CALWAn / 46. / Amendment to agreement with Velis Engineering for capital and maintenance projects, increasing the maximum amount by $500,000
APPROVED ITEM NO. 46; DIRECTED STAFF TO PROVIDE THE BOARD WITH A SEMI-ANNUAL REPORT OF PROJECTS
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W/ab / AFTERNOON CONSENT AGENDA – Item Numbers 47-53
(Any Board Member may pull any consent item for discussion or separate vote)
APPROVED AS RECOMMENDED, WITH THE EXCEPTION OF ITEM NO. 50 WHICH WAS DELETED FROM THE AGENDA
Administrative Office
47. / Adopt resolution declaring surplus and authorize Clerk to the Board to publish notice of intention to sell County owned excess property for minimum bid of $80,000 by public auction at 2 p.m. on June 15, 2004 (4/5 vote)
48. / Accept summary reports on all contract change orders approved by Interim Director of Department of Public Works and Planning
49. / Approve substitution of Norment Security Group for CCC Group, Inc., as subcontractor for detention systems equipment on Contract No. 2003-S-04, Juvenile Justice Campus, Bid Package No. 2
/ 50. / Approve amendment to County Nondisposal Facility Element under Assembly Bill 939
51. / Approve and authorize Clerk to execute Budget Transfer No. 91 ($2,860) from County Service Area No. 2, Tenaya Park Estates, Org. 9142 Contingencies to Professional & Specialized Services; and adopt budget
resolution increasing FY 2003-04 appropriations ($89,651) in County Service Area No. 2, Org. 9142 Professional & Specialized Services from General Reserves (4/5 vote)
52. / Endorse Council of Fresno County Governments FY 2004-05 Overall Work Program
53. / Award Contract No. 03-14-C Bituminous Seal Coats - Various Locations to low bidder, Western States Surfacing ($1,476,769.51) for Base Bid and Alternates 1a, 2a, and 3a