Page 6
ACTION SUMMARY MINUTES
TUESDAY
July 27, 2004
9:00 AM
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. Morning Consent Agenda - Item Numbers 21 - 45
- (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 NO. 40 WHICH WAS PULLED FOR DISCUSSION
APPROVED ITEM NO. 40 AS RECOMMENDED; DIRECTED STAFF TO RETURN TO THE BOARD WITH PRESENTATION REGARDING EVALUATION OF THE DRUG COURT DIVERSION (PROP. 36) AND OTHER DRUG PROGRAMS
Chairman Anderson
2. Presentation of Retirement Plaque to: Nicanor Hipnojosa - Employment and Temporary Assistance 18 years of service
PRESENTED
3. Adopt resolution appointing Dennis A. Marshall to the position of County Counsel effective July 27, 2004
APPROVED AS RECOMMENDED
Administrative Office
4. Conduct first hearing on ordinance to propose transient occupancy tax at the rate of six percent (6%), pursuant to Revenue and Taxation Code section 7280 et seq.; waive reading of ordinance in its entirety; and set second hearing for August 3, 2004. Direct staff to prepare an agreement with the appropriate entity for the reimbursement of election costs of a Transient Occupancy Tax Measure
APPROVED AS RECOMMENDED
5. Provide direction to staff regarding the ARCO Garage property
DIRECTED STAFF TO DO A VALUE ASSESSMENT AND APPRAISAL OF THE ARCO GARAGE PROPERTY AND RETURN TO THE BOARD IN SEPTEMBER FOR FURTHER ACTION
6. Provide direction to proceed with 100 percent or with 80 percent cost recovery option for environmental health fees; conduct first hearing of a proposed ordinance to amend the Master Schedule of Fees, Charges and Recovered Costs by amending Subsections 903-931, 933-941 and 943-950 of Section 900 and amending Subsection 2585 of Section 2500 relating to fees for Environmental Health Services and land use review; set second hearing for August 17, 2004; and waive reading of ordinance in its entirety
DIRECTED STAFF TO RETURN TO THE BOARD WITH 90 AND 100 PERCENT COST RECOVERY OPTIONS FOR ENVIRONMENTAL HEALTH FEES AND TO NOTICE THE PUBLIC
7. Accept the Fresno County Mental Health Board's Annual Report for June 2003 through May 2004
RECEIVED
Sitting as Board of the Fresno County Zoo Authority, adopt resolution:
8. Placing proposed zoo sales tax on ballot; delegating preparation of the ballot arguments to the proponents; and directing the County Auditor to prepare a fiscal impact statement for the ballot
APPROVED AS RECOMMENDED
Administrative Office
9. Adopt Resolution calling an election on November 2, 2004 to amend Fresno County Charter section 44
APPROVED AS RECOMMENDED
10. Conduct a public hearing to determine that the terms of the proposed energy services agreement (in item #3) are in the best Interests of the County, and to find that the anticipated cost to the County for thermal or electrical energy or conservation services, to be provided by Energy Conservation Measures (ECMs, in Item #3) under that agreement will be less than the County’s anticipated marginal cost for the purchase of such energy and conservation services in the absence of that agreement (Gov. Code, sec. 4217.12); adopt resolution making determination and findings in connection with the foregoing public hearing; approve a guaranteed performance-based agreement with Burns & McDonnell Engineering Company, Inc., to design, construct and install ECMs, including capital improvements to building systems, and a 1.2-megawatt cogeneration facility for downtown Fresno buildings (Courthouse, Hall of Records, County Plaza, Sheriff Administration, and Jails) that will result in energy savings to the County (Estimated project costs: $12,191,353, excluding financing costs); and direct staff to prepare and return to the Board with a proposed plan for financing the ECMs
APPROVED AS RECOMMENDED; ESTIMATED PROJECT COSTS WERE REVISED ON THE RECORD TO AMOUNT NOTED ABOVE
11. Board of Supervisors' Committee Reports - Receive and provide direction (This item reserved for committee reports by members of the Board of Supervisors)
HELD
12. Board Appointments - (List attached in packet and posted on bulletin board outside of Board Chambers)
ASSESSMENT APPEALS BOARD
REAPPOINTED JIM BURGESS (AS ALTERNATE)
REAPPOINTED MARCUS MAGNESS (AS REGULAR)
MENTAL HEALTH BOARD
APPOINTED LOIS KONDO TO REPLACE BERTHA FELIX-MATA
PLANNING COMMISSION
APPOINTED BRIAN PACHECO TO REPLACE HOWARD HURTT
WASTEWATER ADVISORY COMMITTEE
APPOINTED SUSAN DAVIS
APPROVED NOMINATIONS FOR APPOINTMENTS/REAPPOINTMENTS
13. Closed Session -
Closed Session -
a. 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
b. Conference with legal counsel - Existing Litigation, Government Code Section 54956.9(a), County of Fresno v. Kooyumjian, Fresno County Superior Court Case No. 03-CECG00259 HAC
c. Conference with legal counsel - Existing Litigation, Government Code Section 54956.9(a), Joshua Lopez v. County of Fresno, et. al, Fresno County Superior Court Case No. 04 CE CG 01502 SJK
HELD
Sitting as the IHSS Public Authority Governing Board
number holder
NOON RECESS
Afternoon
2:00 PM
14. Afternoon Consent Agenda - Item Numbers 46 – 56
- (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
Administrative Office
15. Conduct public protest hearing to consider levying assessment for maintenance of Littlefield Road, Wild Rose Lane, Yellow Lupine Lane, Snow Flower Lane, Mariposa Lily Lane, Wild Iris Lane, Leopard Lily Lane and Sierra Violet Lane for benefit of twenty lots within proposed Tract No. 5319 of Wildflower Village Development, within existing Zone "AG" of County Service Area No. 35, located approximately three miles south of Shaver Lake
APPROVED RECOMMENDED ACTION NOS. 1A, 2 AND 3 OF AGENDA ITEM
16. Conduct public protest hearing to consider levying assessment for maintenance of recreational open space outlots benefiting twenty lots within proposed Tract No. 5319 of Wildflower Village Development, within existing Zone "C" of County Service Area No. 31, located approximately three miles south of Shaver Lake
APPROVED RECOMMENDED ACTION NOS. 1A, 2 AND 3 OF AGENDA ITEM
17. Take following Assembly Bill 939 compliance order actions regarding diversion of residential and commercial solid waste: adopt findings, by resolution, stating establishment of exclusive service areas necessary to protect public health, safety, and welfare of residents of Fresno County; approve final exclusive service area boundaries; approve maximum cart and bin rates for collection of general refuse, commingled recyclables, and green waste in Urban and Rural with Green Waste service areas and general refuse and commingled recyclables in Rural without Green Waste and Mountain service areas; and consider and take action regarding establishment of community clean-up event rates in Urban, Rural with Green Waste, and Rural without Green Waste service areas
ADOPT RECOMMENDED ACTION WITH THE EXCEPTION OF THE MAXIMUM RATE RECOMMENDATIONS; DIRECTED STAFF TO MODIFY THE RATES SO THEY ARE MORE REASONABLE FOR THE RESIDENTIAL CUSTOMER AND TO COME UP WITH AGREEMENTS FOR COMPLAINT PROCEDURES AND FOR MANDATORY SERVICES
18. Receive presentation on a proposed Administrative Fines Ordinance and provide staff direction
APPROVED IN CONCEPT AND DIRECTED STAFF TO RETURN TO THE BOARD
19. Accept the Board of Retirement's recommended actuarial assumption interest rate and the rates of contributions in accordance with the actuary's recommendation included in the actuarial valuation and supplemental valuation reports as of June 30, 2003 (continued from July 13, 2004)
CONTINUED TO AUGUST 24, 2004, MEETING
20. 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
NEXT MEETINGS:
August 3, 2004 - 9:00 A.M.
August 17, 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.
MORNING CONSENT AGENDA – Item Numbers 21 - 45
(Any Board Member may pull any consent item for discussion or separate vote)
APPROVED AS RECOMMENDED, WITH THE EXCEPTION OF ITEM NO. 40 WHICH WAS PULLED FOR DISCUSSION
APPROVED ITEM NO. 40 AS RECOMMENDED; DIRECTED STAFF TO RETURN TO THE BOARD WITH PRESENTATION REGARDING EVALUATION OF THE DRUG COURT DIVERSION (PROP. 36) AND OTHER DRUG PROGRAMS
Auditor-Controller-Treasurer Tax Collector
21. Approve resolution canceling and replacing resolution 04-354 with a new resolution authorizing right to excess proceeds from tax sale where sufficient information and proof of claimants’ right to excess proceeds have been established
County Counsel
22. Conduct second hearing to amend the Master Schedule of Fees, Charges and Cost Recovery Ordinances by amending section 600, subsection 601 to increase County Counsel Legal Services Fees from $79.00 per hour to $93.50 per hour for legal services provided to County departments, school districts, all other public agencies and, State and Federal Agencies
District Attorney
23. Adopt resolution approving and authorizing the District Attorney to submit a grant agreement to the Department of Justice (DOJ), for the Spousal Abuser Prosecution Program (SAPP) and authorize the Chairman to execute the agreement, including any extensions or amendments thereof ($95,033)
Sheriff
24. Adopt resolution increasing appropriations and estimated revenue for Sheriff-Grants Org. 31121702 in the amount of $275,495 (4/5th vote) and approve Salary Resolution amendments, Appendix C, adding five Community Service Officers Sheriff Grant Org. 3112
Administrative Office
25. Approve historic designation and placement of Shepard, Shepard & Janian, Attorneys on the County’s List of Historic Businesses
26. Approve Program Year 2003-2004 Performance Levels for the Fresno County Workforce Investment Area
27. Approve resolution consenting to transfer the franchise agreement granted by Fresno County to USA Media Group, LLC, a Delaware Limited Liability Corporation, to Cequel III Communications I, LLC, a Delaware Limited Liability Company
28. Authorize the submission of an application to the State Department of Alcohol and Drug Programs, Prevention Services Division for State Incentive Grant for the Reduction of Binge Drinking-Related Problems among Youth and Young Adults
29. Conduct second hearing to consider amending Fresno County Master Schedule of Fees, Charges and Costs Recovered by amending Subsections 1301, 1302 and 1303 of Section 1300 of Schedule "A" relating to Mental Health Fees
30. Approve and authorize Chairman to execute resolutions with the State of California, Department of General Services, to continue the County’s eligibility to participate in the state/federal surplus property program
31. Approve the FY 2004-05 Update to the Fresno County Plan for Refugee Services and adopt the resolution for submission of Plan Update to State
32. Approve resolution for the Endorsement of the City of Orange Cove’s preliminary application for designation as an Enterprise Zone by the State of California
Sitting as the IHSS Public Authority Governing Board
33. Approve and authorize the Chairman to execute a retroactive lease agreement with RTZ Associates for HOMCare Provider Registry Software ($5,390.85)
Sitting as the Fresno County Zoo Authority
34. Conduct second hearing on ordinance to propose special transactions and use tax of one tenth of one percent (0.10%) pursuant to Revenue and Taxation Code section 7286.43 for a period of ten years, to be administered by the State Board of Equalization (2/3 vote)
Agreements - Approve and Authorize Chairman to Execute
35. Retroactive agreement with the State Department of Mental Health for community mental health services
36. License Agreement with the Fresno-Madera Area Agency on Aging (FMAAA) for space at 2025 E. Dakota, Fresno, CA, to be used by Best Dressed Kids ($4,140)
37. Agreement with the City of Huron for continuation of a Youth Intervention Program ($16,607)
38. "AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE" for the employee listed: Don A. Hendrickson, Deputy Sheriff III: as named in Fresno County Superior Court Case No.: 03 CE CG 01913 MWS - Jonathon Ray Archuleta-Gomez, et al. v County of Fresno et al.
39. Retroactive agreement with Fresno Community Hospital and Medical Center for referral of patients for inpatient psychiatric services on an overflow basis ($2,000,000)
40. Agreement with Comprehensive Alcohol Program, Inc., to provide residential substance abuse detoxification services ($15,000)
APPROVED ITEM NO. 40 AS RECOMMENDED; DIRECTED STAFF TO RETURN TO THE BOARD WITH PRESENTATION REGARDING EVALUATION OF THE DRUG COURT DIVERSION (PROP. 36) AND OTHER DRUG PROGRAMS
41. Revenue Agreement for drug diversion services for Penal Code- 1000 clients with Tower Recovery, Inc., Opportunities Program ($6,970)
42. Amendment to agreement with Barker and Associates to extend the agreement for a two-year period ($5,416,394)
43. Agreement with Comprehensive Youth services for court-ordered supervised visitation services ($59,688.75)
44. Agreement with the Pine Ridge volunteer Fire Department, Shaver Lake, to purchase fuel from the County and authorize the Director of General Services to execute revenue agreements for General Services
45. Approve and authorize Chairman to execute a one-year lease agreement with Vickie Day, dba D&R Automotive Service Center, to operate an automotive service facility at the Fresno County Plaza building
Afternoon Consent Agenda
AFTERNOON CONSENT AGENDA – Item Numbers 46 - 56
(Any Board Member may pull any consent item for discussion or separate vote)
APPROVED AS RECOMMENDED
Auditor-Controller-Treasurer Tax Collector
46. Approve and authorize Chairman to execute agreement with Kelling, Northcross and Nobriga, Inc. for Financial Advisory Services related to Lease Revenue Bonds for financing of the Energy Conservation Measure project (maximum $95,000.00)