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ACTION SUMMARY MINUTES
TUESDAY
December 4, 2007
9:00 AM
Morning
Pledge of Allegiance
CHAIRMAN WATERSTON LED THE BOARD IN THE PLEDGE OF ALLEGIANCE
1.Morning Consent Agenda - Item Numbers 23 – 37
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 AS RECOMMENDED WITH THE EXCEPTION OF ITEM NOS. 32 AND 34 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE
Motion by: / Larson / Second by: / PereaAyes: / Larson, Perea, Anderson, Case, Waterston / Noes: / None
Abstentions: / None / Absentees: / 0
Chairman Waterston
2.Present Strategic Initiatives update and provide staff direction
Supervisor Anderson
3.Review and discuss Billboard Ordinance which was implemented in FresnoCounty over a year ago
DISCUSSED BILLBOARD ORDINANCE AND RECEIVED COMMENTS FROM SUPERVISORS
Supervisor Perea
4.Direct County Administrative Officer to initiate process for a hiring freeze/position control and the elimination of vacant positions
THE BOARD, BY CONSENSUS, DIRECTED COUNTY ADMINISTRATIVE OFFICER TO RETURN TO THE BOARD ON DECEMBER 18, 2007, WITH RECOMMENDATIONS FOR A HIRING/FREEZE POSITION CONTROL AND ELIMINATION OF VACANT POSITIONS
County Clerk/Registrar of Voters
5.Authorize the development and implementation of a mandatory County Management Precinct Officer Program; and direct the County Administrative Officer to establish an administrative directive for this purpose and thereby reduce the financial impact to the County General Fund
THE BOARD, BY CONSENSUS, DIRECTED STAFF TO DO FURTHER ANALYSIS AND RETURN TO THE BOARD ON DECEMBER 18, 2007, FOR FURTHER DISCUSSION
Administrative Office
6.Receive Council of Fresno County Governments Blueprint Planning update presentation
RECEIVED PRESENTATION
7.Receive update from the Metro Rural Loop Preservation Feasibility Committee and provide direction
RECEIVED PRESENTATION
8.Receive report and provide direction to staff on FresnoCounty's FY 2006-07 Year-end and FY 2007-08 July through October budget status
RECEIVED REPORT; THE BOARD, BY CONSENSUS, DIRECTED STAFF TO RETURN TO THE BOARD IN JANUARY WITH A STATUS REPORT REGARDING PROBATION’S FISCAL YEAR 07-08 BUDGET
9.Receive report/provide direction on strategic financial direction recommendations: 1) Limit appropriations to projected revenues; 2) Use fund balance for department incentives; 3) Increase General Reserve to 3% of General Fund; 4) Seek full recovery of fees for service; 5) Seek full-funding grants and minimize subsidies; 6) Define debt limit as percentage of General Fund; 7) Add new positions only in budget hearings and encourage reallocation during Fiscal Year; 8) Forecast revenues and expenditures one year beyond budget year; 9) Limit salary/benefit increases to Adopted Budget levels; and 10) Constrain salary growth to stabilize employer contribution to retirement
10.Approve and authorize Chairman to execute a letter of support to be submitted with the City of Sanger's regional CaIGRIP grant application
APPROVED AS RECOMMENDED
Motion by: / Perea / Second by: / AndersonAyes: / Perea, Anderson, Case, Larson, Waterston / Noes: / None
Abstentions: / None / Absentees: / 0
11.Adopt Resolution levying additional penalty assessments on specific offenses, including moving traffic violations, by $2 for every $10 collected for deposit into the Emergency Medical Services Fund to finance uncompensated emergency medical care, pediatric trauma, andemergency medical services
MOTION TO APPROVE AGENDA ITEM FAILED FOR A LACK OF AFFIRMATIVE VOTES
Motion by: / Anderson / Second by: / LarsonAyes: / Anderson, Larson / Noes: / Case, Perea, Waterston
Abstentions: / None / Absentees: / 0
12.Adopt resolution opposing the expansion of Indian Gaming; and rescind Resolution No. 06-140 In the Matter of Indian Gaming and Opposition to Expansion of Gaming approved February 28, 2006
APPROVED AS REVISED
RESO 07-639
Motion by: / Larson / Second by: / PereaAyes: / Larson, Perea, Anderson, Case, Waterston / Noes: / None
Abstentions: / None / Absentees: / 0
13.Board of Supervisors' Committee Reports - Receive and provide direction (this item reserved for committee reports by members of the Board of Supervisors)
RECEIVED; SUPERVISOR CASE REPORTED ON A RECENT NEWS CONFERENCE REGARDING GANG ACTIVITY
14.Board Appointments - (List attached in packet and available at Clerk to Board's Office)
ORANGE COVE FIRE PROTECTION DISTRICT
REAPPOINTED MARION GENE WELCH (TERM TO EXPIRE 12/2011)
PUBLIC SAFETY SERVICE JOINT POWERS AUTHORITY
APPOINTED JOSEPH AMADOR (WEST SIDE APPOINTMENT) (TERM TO EXPIRE 1/5/09)
TRANQUILLITY PUBLIC UTILITY DISTRICT
REAPPOINTED KENNETH L. SELZER (TERM TO EXPIRE 12/2011)
FRESNOCOUNTY ZOO AUTHORITY
APPOINTED PAUL TOSTE (AS AN EMERGENCY APPOINTMENT PURSUANT TO LOCAL APPOINTMENT LIST LAW SECTION 2712.3) TO REPLACE MANUEL CUNHA JR. (TERM TO 1/3/2011)
APPROVED NOMINATIONS TO APPOINTMENTS AND REAPPOINTMENTS
Motion by: / Anderson / Second by: / CaseAyes: / Anderson, Case, Larson, Perea, Waterston / Noes: / None
Abstentions: / None / Absentees: / 0
15.Closed Session
a.Public Employee Performance Evaluation, Government Code section 54957 - Title: County Administrative Officer
HELD; NO REPORTABLE ACTION
b.Public Employee Performance Evaluation, Government Code section 54957 - Title: CountyCounsel
HELD; NO REPORTABLE ACTION
c.Conference with legal counsel - significant Exposure to Litigation, Government Code section 54956.9(b) No. of Cases: 1
HELD; NO REPORTABLE ACTION
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 54956.9(a) Medical Advocates for Healthy Air, Eugenia Melesio, and DOES 1 through 5 inclusive v. County of Fresno, Fresno County Board of Supervisors, and DOES 6 through 10, inclusive Fresno County Superior Court Case No. 07 CE CG 03844
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.
Afternoon
16.Afternoon Consent Agenda - Item Numbers 38 – 49
-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. 41 AND 42 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE
Motion by: / Perea / Second by: / CaseAyes: / Perea, Case, Anderson, Larson, Waterston / Noes: / None
Abstentions: / None / Absentees: / 0
Administrative Office
17.Receive presentation on activities of Fresno County Film Commission
RECEIVED
18.Approve 2007-2012 Fresno County Road Improvement Program
APPROVED AS RECOMMENDED
Motion by: / Larson / Second by: / AndersonAyes: / Larson, Anderson, Case, Perea, Waterston / Noes: / None
Abstentions: / None / Absentees: / 0
19.Adopt Initial Study Application No. 5738 and approve Classified Conditional Use Permit Application No. 3196 to allow rural commercial center consisting of a hardware store on 15.93-acre site in RR District, project is located on north side of Auberry Road, approximately 2,000 feet west of intersection of State Route 168 and Auberry Road in unincorporated community of Prather
APPROVED AS RECOMMENDED
Motion by: / Perea / Second by: / CaseAyes: / Perea, Case, Anderson, Larson, Waterston / Noes: / None
Abstentions: / None / Absentees: / 0
20.Accept the Grant Deed from Vivian E. Cederquist, as Trustee under the Vivian E. Cederquist Revocable Living Trust Agreement dated September 1, 1993 and Vivian E. Cederquist, for the purchase of property located at 10456 S. DeWolf Avenue subject to the parties' respective performance under the previously approved agreement; approve and authorize the Chairman to execute the first amendment to real estate purchase agreement and receipt for deposit; approve and authorize the Chairman to execute the first amendments to two farm lease agreements between Vivian E. Cederquist and Sunnyside Packing Company; approve the acceptance of obligations of the Maintenance Agreement between Vivian E. Cederquist and the Consolidated Irrigation District for maintenance of Q-b Woodward Lateral of the Fowler Switch Canal; authorize the Director of the Department of Public Works & Planning to sign escrow and other related documents necessary to finalize the purchase of the property; approve the close of escrow for the Future Center for Agriculture and Food Safety subject to the terms of the previously approved agreement; and adopt resolution making necessary findings as required by the Land Conservation Act of 1965 and authorizing acquisition of property within an Agricultural Preserve and subject to Agricultural Land Conservation Contract Nos. 6772 and 6773, for the proposed Center for Agriculture and Food Safety, located at 10456 De Wolf Avenue, or authorize the Director of Public Works & Planning to terminate the Real Estate Purchase Agreement and Receipt for Deposit if your Board determines not to approve the close of escrow
APPROVED RECOMMENDED ACTION NOS. A1, A2, A3, A4, A5, A6, AND A7 OF AGENDA ITEM
RESO 07-640, AGT 07-514 THROUGH, AGT 07-516
Motion by: / Perea / Second by: / LarsonAyes: / Perea, Larson, Anderson, Case, Waterston / Noes: / None
Abstentions: / None / Absentees: / 0
21.Authorize staff to develop and issue Request for Proposal to operate and maintain one or more County parks
THE BOARD UNANIMOUSLY REJECTED THE CONCEPT TO DEVELOP AND ISSUE A REQUEST FOR PROPOSAL TO OPERATE AND MAINTAIN ONE OR MORE COUNTY PARKS
Motion by: / Anderson / Second by: / CaseAyes: / Anderson, Case, Larson, Perea, Waterston / Noes: / None
Abstentions: / None / Absentees: / 0
22.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
ADJOURNED
Motion by: / Case / Second by: / LarsonAyes: / Case, Larson, Anderson, Perea, Waterston / Noes: / None
Abstentions: / None / Absentees: / 0
NEXT MEETINGS:
December 18, 2007 - 9:00 AM
January 8, 2008 - 9:00 AM - Oath of Office/Election of Officers
January 15, 2008 - 9:00 AM
MORNING CONSENT AGENDA– Item Numbers 23 – 37
(Any Board Member may pull any consent item for discussions on separate vote)
APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM NOS. 32 AND 34 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE
Motion by: / Larson / Second by: / PereaAyes: / Larson, Perea, Anderson, Case, Waterston / Noes: / None
Abstentions: / None / Absentees: / 0
Supervisor Case
23.Adjourn in remembrance of Augusta "Gussie" Diehl. Mrs. Diehl was a lifetime resident of Sanger who was known by many as the Historian of the City. Mrs. Diehl was an active member of many service clubs and received numerous awards for her contribution to the community. She was a loving wife, mother and grandmother. In March 2007 she was the recipient of the Sanger Chamber of Commerce "Gold Seal Award"
Sheriff
24.Approve and authorize the Chairman to accept the retroactive ICAC award from the US Department of Justice, Office of Justice Programs, under the Office of Juvenile Justice and Delinquency Prevention Internet Crime Against Children ($265,000); adopt Budget Resolution increasing FY 2007-08 appropriations and estimated revenues for Sheriff's Org. 31111309 in the amount of $152,210 (4/5 vote); and approve Salary Resolution Amendment, Appendix "C", adding one Deputy Sheriff III
RESO 07-619, SAL RESO 07-031
Administrative Office
25.Approve and authorize retroactive submission of renewal application with the State Department of Mental Health for Substance Abuse and Mental Health Services Administration for FY 2007-08 Federal block grant funds for mental health services ($1,481,967); and approve and authorize the Director, Department of Behavioral Health, to sign related Federal Certifications and Compliance Assurances to meet State requirements
26.Approve the FY 2007-08 Fresno County Plan for Refugee Services; and adopt Resolution for submission of the Plan to California Department of Social Services
RESO 07-620
27.Approve unilateral implementation of Addendum to Memorandum of Understanding for Unit 19 - Professional Employees, represented by the Independent County Employees Association, regarding County health premium contributions for Plan Year 2008, effective December 17, 2007
28.Approve extension of adopted Resolution No. 01-560 regarding Military Supplemental Pay Program for permanent eligible miscellaneous and unrepresented employees from December 17, 2007, through December 14, 2008; and approve extension of adopted Resolution No. 01-560 for permanent eligible represented employees (in accordance with Memoranda of Understanding Addenda as approved on November 27, 2001) from December 17, 2007, through December 14, 2008
29.Approve Resolutions rejecting Claims for Damages; and approve Resolutions rejecting Applications for Leave to Present a late Claim for Damages
RESO 07-621 THROUGH RESO 07-633
30.Approve Memorandum of Understanding (MOU) for Representation Unit 42, Association of County Engineers, extending the MOU through December 12, 2010; approve MOU for Representation Unit 25, Association of Engineering Technicians, extending the MOU through December 11, 2011; and approve related Salary Resolution Amendments as reflected on Appendix "B"
SAL RESO 07-032
31.Adopt resolution increasing appropriations and estimated revenues in the FY 2007-08 County Counsel Org. 0710 in the amount of $142,940 (4/5 vote)
RESO 07-634
Waive Competitive Bidding Process Consistent with Administrative Policy No. 34
32.Make a finding that it is in the best interest of the County to waive the competitive bidding process, consistent with Administrative Policy 34, for unusual or extraordinary circumstances for the provision of Family Self-Sufficiency Services to recipients of Welfare-to-Work housing vouchers; and approve and authorize the Chairman to execute agreement with the Housing Authorities of the City and County of Fresno to provide Family Self-Sufficiency Services to recipients of Welfare-To-Work Housing Vouchers
DIRECTED STAFF TO EXTEND EXISTING AGREEMENTS THROUGH FEBRUARY, SUSPEND COMPETITION AND WAIVE EXISTING REQUIREMENTS, RETURN TO THE BOARD WITH PROPOSED CONTRACT BASED ON BOARD MEMBER COMMENTS
Motion by: / Anderson / Second by: / PereaAyes: / Anderson, Perea, Case, Larson, Waterston / Noes: / None
Abstentions: / None / Absentees: / 0
Agreements - Approve and Authorize Chairman to Execute
33.Retroactive Agreement with the VeteransMemorialMuseum for the continued promotion, improvement, operation and/or maintenance of the museum ($21,000)
AGT 07-499
34.Seven CalWORKS Agreements for Welfare-to-Work services ($3,505,572)
DIRECTED STAFF TO EXTEND EXISTING AGREEMENTS THROUGH FEBRUARY, SUSPEND COMPETITION AND WAIVE EXISTING REQUIREMENTS, RETURN TO THE BOARD WITH PROPOSED CONTRACT BASED ON BOARD MEMBER COMMENTS
Motion by: / Anderson / Second by: / PereaAyes: / Anderson, Perea, Case, Larson, Waterston / Noes: / None
Abstentions: / None / Absentees: / 0
35."AGREEMENTS TO DEFEND PUBLIC OFFICERS OR EMPLOYEES" for Bart Bohn, County Administrative Officer; Robert W. Bash, Director of Child Support Services; James Falkowski, Child Support Attorney; Kristine Ferrucci, Senior Child Support Officer; Robert E. Ellis, Associate District Attorney; Kathleen Bauer, Senior District Attorney Investigator; and D. Ron Hopper, Senior District Attorney Investigator; as named in Fresno County Claim No. 7979 filed by Claimant Jeanette Arroyo, et al.
AGT 07-500 THROUGH AGT 07-506
36."AGREEMENT TO DEFEND PUBLIC OFFICERS OR EMPLOYEES" for Alvina D. Perez, Process Server, Fresno County Sheriff's Department, as named in Fresno County Claim No. 8054 filed by Claimant Jeretta D. Turner
AGT 07-507
37.Retroactive one-year extension of the Fresno County Five-year Strategic Local Workforce Investment Plan
AGT 07-508
Afternoon Consent Agenda
AFTERNOON CONSENT AGENDA– Item Numbers 38 - 49
(Any Board Member may pull any consent item for discussions on separate vote)
APPROVED WITH THE EXCEPTION OF ITEM NOS. 41 AND 42 WHICH WERE PULLED FOR DISCUSSION AND SEPARATE VOTE
Motion by: / Perea / Second by: / CaseAyes: / Perea, Case, Anderson, Larson, Waterston / Noes: / None
Abstentions: / None / Absentees: / 0
Administrative Office
38.Approve amendments to Housing and Community Development Citizens Advisory Committee and Tourism Committee By-laws to reflect Board of Supervisors' new committee attendance policies; and approve amendment to Community Development Block Grant Citizen Participation Plan to describe Citizens Advisory Committee project approval process consistent with Board action regarding number of projects to be funded in any given year
39.Adopt resolution approving Measure C Extension Local Transportation Funds Claim for FY 2007-08 and authorize Chairman to execute claim and certify these funds are not being used to substitute for property tax funds, which were previously used for local transportation purposes
RESO 07-635
40.Adopt resolution approving and authorizing submittal of grant application to California Department of Water Resources for groundwater management grant funding through AB 303; and authorize Director of Department of Public Works and Planning to sign necessary documents
RESO 07-636
41.Adopt resolution approving expansion of Fowler-Selma-Kingsburg No. 27 and Sanger No. 21 Agricultural Preserves; and approve and authorize Chairman to execute new Agricultural Land Conservation Contract Nos. 8262, 8263, 8264, 8265, 8266, 8267, 8268, 8269, 8270, 8271, 8272, 8273, 8274, 8275 and 8276
APPROVED AS RECOMMENDED
RESO 07-638
Motion by: / Anderson / Second by: / PereaAyes: / Anderson, Perea, Larson, Case / Noes: / Waterston
Abstentions: / None / Absentees: / 0
42.Adopt resolution approving creation of Farmland Security Zone Nos. 1417-003 and 1417-004; and approve and authorize Chairman to execute new Farmland Security Zone Agreement Nos. FSZ 08-00068, 00069 and 00070
APPROVED AS RECOMMENDED
RESO 07-637, AGT 07-511 THROUGH AGT 07-513
Motion by: / Anderson / Second by: / PereaAyes: / Anderson, Perea, Larson, Case / Noes: / Waterston
Abstentions: / None / Absentees: / 0
43.Conduct second hearing and consider and adopt proposed Ordinance to amend Fresno County Master Schedule of Fees, Charges and Recovered Costs for County Services by amending Subsections 1501, 1502, 1505, 1507, 1509, 2204, 2205, 2501-2515, 2550, 2587 and 2580; waive reading of Ordinance in its entirety
ORD 07-048
44.Conduct second hearing and consider and adopt proposed amendments to Fresno County Ordinance Code, Title 15 regulating building and construction within FresnoCounty; waive reading of Ordinance in its entirety
ORD 07-049
45.Approve amended Bylaws for Citizens Advisory Council serving Waterworks District No. 42