Page 2

Tuesday

March 25, 2008

9:00 AM

The Fresno County Board of Supervisors welcomes you to this meeting and encourages your participation. This agenda contains a brief general description of each item to be considered. The number of the item being heard is indicated on the Clerk’s desk. Please see note below regarding consent agenda items. The Chairperson will call for public testimony as each item is heard. If you wish to speak to an individual item please step to the podium during this time period and state your name for the record. If you wish to speak on a matter which does not appear on the agenda, you may do so during the Public Presentation period at the end of the regular p.m. session.
All supporting documentation is available for public review in the office of the Clerk to the Board of Supervisors located in the Hall of Records building, 2281 Tulare Street, Room 301, Fresno, 93721 during regular business hours, 8:00 a.m. – 5:00 p.m., Monday through Friday. Agenda items are also available online at http://cofinternet01/0110a/Questys_Agenda/PublishedMeetings.htm

Morning

Pledge of Allegiance

Supervisor Case

A moment of silence in memory of Roberta Boren

1.  Approve Agenda

Morning

2.  Morning Consent Agenda - Item Numbers 23 – 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 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

Chairman Perea

3.  Proclaim March 24 through March 30, 2008, as Community Development Week in Fresno County


Supervisor Anderson

4.  Adopt a Proclamation recognizing April 2008 as Alcohol Awareness Month, in Fresno County

Supervisor Case

5.  Proclaim March 20 through 27, 2008, as National Agriculture week in Fresno County

Administrative Office

6.  Direct staff to conduct a study on the criteria utilized by the Fresno County Superior Court to determine appointment of the public defender/court appointed counsel to represent a client and compare the process and numbers with other comparable counties; and approve and authorize the IHSS Public Authority Executive Director to conduct this study

7.  Receive report regarding activities of Board's Executive Budget Committee

8.  Adopt Budget Resolution increasing FY 2007-08 appropriations and estimated revenues in the Mental Health Services Act (MHSA) Orgs. 5663, 5665, 5666 and 5667 for a total increase of $868,368 (4/5th vote); approve Salary Resolution Amendments as shown on Appendix "F", on file with the Clerk to the Board, to add a total of 30 County positions, and convert a part-time position to a full-time position, effective April 7, 2008; and discuss and direct staff regarding future action to eliminate associated number of positions in the Departments of Behavioral Health and Children and Family Services as Salary Resolution Amendments are presented to add positions that will be fully funded by MHSA revenues

9.  Conduct first hearing of a proposed ordinance to amend the Master Schedule of fees, Charges and Recovered Costs by adding subsection 910(e), 934.1, 939.1, 940.1, 943.1, and 948(c); by deleting subsection 935, and 944-946; and by amending Subsection 903-941 and 943-950 of Section 900, and amending Subsection 2585 of Section 2500 relating to fees for the Department of Public Health environmental health services and land use review; waive reading of the ordinance in its entirety; and set the second hearing for April 8, 2008

10.  Approve and authorize the Chairman to execute an Agreement with Netsmart New York, Inc., to Implement a New Integrated Mental Health Information System; adopt Resolution increasing appropriations and estimated revenues for the Mental Health Services Act Project Implementation Org 56679055 in the amount of $760,610 in order to begin implementation of the new mental health information system (4/5 vote)

11.  Board of Supervisors' Committee Reports - Receive and provide direction (this item reserved for committee reports by members of the Board of Supervisors)

12.  Board Appointments - (List attached in packet and available at Clerk to Board's Office)

13.  Closed Session

a.  Conference with legal counsel - Existing Litigation; Government Code section 54956.9(a); County of Fresno v. Robert G. Zapata, at al.; Fresno County Superior Court Case No. 07 CE CG 03551

b.  Conference with Real Property Negotiator, Government Code section 54956.9. Property: 1206 Van Ness Avenue, Fresno, CA .; County Negotiator: John Navarrette, Director of General Services. Negotiating Parties: Wells Fargo Bank, N.A., Owner. Under Negotiation: Update regarding purchase of the property

c.  Conference with Labor Negotiator Government Code section 54957.6: Agency Negotiator: Ralph Jimenez; Employee Organization: All Bargaining Units and Management and Unrepresented Employees - Hours, Wages and Terms and Conditions of Employment

d.  Pending Litigation, Government Code Section 54956.9(a), King v. County of Fresno, et al.

e.  Pending Litigation, Government Code Section 54956.9 (a) Workers' Compensation Board Case No. FRE 204455 Vargas v. County of Fresno

f.  Public Employee Appointment or Employment, Government Code section 54957 - Title: County Counsel

NOON RECESS


2:00 P.M.

Afternoon

14.  Afternoon Consent Agenda - Item Numbers 46 – 50

- 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

Administrative Office

15.  Receive verbal overview of the Central Valley Business Incubator and the services provided to the Central Valley

16.  Conduct public protest hearing to consider levying assessment for maintenance of Reno Avenue benefitting thirteen additional parcels within proposed Annexation No. 1 to Zone "AJ" of County Service Area No. 35

17.  Consider and approve recommended candidate project list to submit to Council of Fresno County Governments as County candidate projects for competitive and lifeline Congestion Mitigation and Air Quality and lifeline Regional Surface Transportation Program funding

18.  Receive progress report of outreach and implementation efforts for new Facade and Commercial Enhancement Program

19.  Adopt resolution approving Mitigated Negative Declaration prepared for Initial Study Application No. 5896; approve General Plan Amendment Application No. 524 as second General Plan Amendment of 2008 amending McLane Community Plan of Fresno County General Plan by redesignating three parcels totaling 1.79 acres from Low Density Residential to Limited Industrial; and adopt Ordinance approving Amendment Application No. 3777, with conditions, rezoning said parcel from AL-20 District to M-1(c) District, limited to uses of animal hospitals and shelters and caretaker's residence

20.  Adopt resolution authorizing simultaneous rescission of Agricultural Land Conservation Contract Nos. 25, 53 and 6127 and entry into new Agricultural Land Conservation Contracts pursuant to Government Code Section 51257 of Land Conservation Act of 1965; and authorize recording of new Agricultural Land Conservation Contracts following signature by Chairman

21.  Consider and approve proposal to transfer staffing and administrative support functions of Fresno County Airport Land Use Commission from Department of Public Works and Planning to Council of Fresno County Governments; and direct staff to prepare Memorandum of Understanding effectuating the transfer of duties

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)


ADJOURN

NEXT MEETINGS:

April 8, 2008 - 9:00 AM

April 22, 2008 - 9:00 AM

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

MORNING CONSENT AGENDA – Item Numbers 23 – 45

(Any Board Member may pull any consent item for discussions on separate vote)

Board of Supervisors

23.  Approve minutes of March 11, 2008

Supervisor Case

24.  Adjourn in remembrance of Mrs. Phyllis Laverne Baird. Mrs. Baird a lifelong resident of Sanger graduating with honors from Sanger High School and Fresno State University. Mrs. Baird was involved in the family business in Sanger, Edgar Furniture Co., until retiring in 1994. Mrs. Baird will be remembered for her love of family, friends the community and her music. She was honored in 1994 as Sanger's Mother of the Year

25.  Adjourn in memory of Roberta Boren, a long time resident of Fresno County, beloved wife and mother, wonderful friend and co-worker, devoted Fresno County employee and former Caruthers Unified School Board Member. Her vibrant spirit and bountiful energy touched and blessed everyone who knew her. Roberta will be deeply missed.

Supervisor Larson

26.  Adopt Resolution supporting the formation of the Mendota Sugar Beet Cooperative

County Clerk/Registrar of Voters

27.  Approve and authorize the Chairman to execute an Agreement with DFM Associates, Inc., for continued support of the Elections Information Management System ($647,850)

28.  Conduct second reading of Amendment to Fresno County Master Schedule of Fees, Charges and Recovered Costs Ordinance Subsection 800, Sections 807(a) and 807(b) - Election Hourly Rates; and waive reading of ordinance in its entirety

Sheriff

29.  Approve and authorize a submission of a grant application to the State of California, Department of Alcoholic Beverage Control Grant Assistance Program ($100,000)

County Counsel

30.  Approve and authorize County Counsel to file disclaimer of interest on terms and conditions, in State-initiated eminent domain case affecting Gale Avenue right-of-way


Administrative Office

31.  Approve Salary Resolution Amendments as noted on Appendix "D", on file with the Clerk to the Board, effective June 16, 2008; delete one vacant Health Promotion Manager (Band E) position, one vacant Nursing Services Manager (Band E) position, and two vacant Division Manager – Community Health Services (Band E) positions; and add one Assistant Director of Public Health (Band D) position and three Public Health Program Manager (Band E) positions; retitle all sections contained within the Fresno County Salary Resolution associated with the Department’s title change from Community Health to Public Health

32.  Approve the Salary Resolution Amendments as shown on Appendix "E", on file with the Clerk to the Board, to delete one vacant Community Mental Health Specialist I/II position and one vacant Secretary I/II/III/IV position, add one Program Technician I/II- Confidential position, retitle one Program Technician I/II position to Program Technician I/II - Confidential, and reclassify one Principal Staff Analyst position to Behavioral Health Business Manager in Org. 5630; and place the Supervising Office Assistant, Office Assistant, Program Technician, and Secretary positions including the Confidential positions in partial combination within the existing groups for Org. 5630, 5601, and 5602, effective May 5, 2008

33.  Approve budget resolution increasing appropriations and revenues in Budget Org. 0120 County Administrative Office FY 2007/08 in the amount of $20,250 for the appropriation of unanticipated revenues received by the Fresno County Regional Enterprise Zone (4/5 vote required)

34.  Approve a Modified Voluntary Furlough Leave Program for management and unrepresented employees for FY 2008-09. Authorize the Director of Personnel Services to enter into agreements with interested employee organizations regarding a Modified Voluntary Furlough Leave Program for represented employees for FY 2008-09

35.  Approve Addendum to Memorandum of Understanding for Representation Unit 42, Association of County Engineers, regarding participation in the California State Disability Insurance program

36.  Approve Resolutions Rejecting Claims for Damages

Agreements - Approve and Authorize Chairman to Execute

37.  Agreement with Silveira Enterprises d.b.a. Fresno Legal Services to provide County wide process services, and other legal support ($1,680,000 over three years)

38.  Retroactive Agreement with the State Department of Mental Health for psychiatric hospital beds and services for severely mentally ill consumers ($406,545)

39.  Amendment to Agreement A-05-524 with City of Fresno ($154,551) and Amendment to Agreement A-05-525 with KWPH Enterprises, d.b.a. American Ambulance ($137,500), for dispatching of Fresno City Fire Department by the Fresno County Emergency Medical Services Communications Center

40.  Amendment to Agreement No. A-07-171 with the California State Association of Counties for CaIWORKs Information Network (CaIWIN) staffing for the 18 CaIWIN counties ($990,651)

41.  Authorize the Chairman to submit an application and to execute the subsequent agreement with the Corrections Standard Authority (CSA) for continued funding of the Mentally III Offender Crime Reduction grant program ($997,770) and approve Resolution authorizing the Chairman to submit the application and execute the grant award agreement with CSA, including any amendments and/or extensions

42.  Application, Certification of Assurance of Compliance and agreement; and authorize the Chief Probation Officer to submit grant application ($666,545) for the Victim Witness Program to the Office of Emergency Services

43.  Amended and Restated Memorandum of Understanding between the County of Fresno and the City of Coalinga and the Coalinga Redevelopment Agency

44.  Approve and authorize the Chairman to sign the Amendment for the High Risk RIFA/Bee Hive Inspection Program Agreement with the California Department of Food and Agriculture ($43,897) and to sign the Contractor Certification Clauses

45.  Retroactive Amendment to Revenue Agreement #05-164 with the California Department of Public Health for laboratory testing services, bringing the contract maximum to $281,300

Afternoon Consent Agenda

AFTERNOON CONSENT AGENDA – Item Numbers 46 – 50

(Any Board Member may pull any consent item for discussions on separate vote)

Administrative Office

46.  Adopt proposed Mitigated Negative Declaration prepared for Initial Study Application No. 5739 for Annadale Culvert Widening Project located 600 feet west of MacDonough Avenue in unincorporated area of Fresno County; and authorize Department of Public Works and Planning to proceed with final design for Annadale Culvert Widening Project

47.  Adopt Resolution of Necessity, authorization to institute Eminent Domain proceedings; and authorization to deposit funds in Fresno County Superior Court for Auberry Road at Millerton Road Left Turn Channelization Construction Project (4/5 Vote)