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ACTION SUMMARY MINUTES

TUESDAY

April 27, 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.
CALWAn
CALWAn
CALWAn / 1. / Morning Consent Agenda – Item Numbers 25 - 63
-(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, INCLUDING ADDENDUM, WITH THE EXCEPTION OF ITEM NOS. 39 & 44 WHICH WERE PULLED FOR DISCUSSION
APPROVED ITEM NO. 39 AS RECOMMENDED
APPROVED ITEM NO. 44 AS RECOMMENDED
Administrative Office
ACLWAn / 2. / Proclaim May 1 through May 31, 2004, as the Fresno County Employee Campaign month for United Way and Combined Health Appeal
APPROVED AS RECOMMENDED; ADOPTED RESOLUTION NO. 04-173
LCAWAn / 3. / Proclaim May 10 through 16, 2004, as Wildfire Awareness Week
APPROVED AS RECOMMENDED; ADOPTED RESOLUTION NO. 04-174
Chair Anderson
4. / Presentation of Retirement Plaque to Darlene Morris – Sheriff’s Department, 27 years of service
RECEIVED
LCAWAn / 5. / Proclaim May 2004 as “Older Americans Month”
APPROVED AS RECOMMENDED; ADOPTED RESOLUTION NO. 04-175
ALCWAn / 6. / Proclaim May 2004 as Mental Health Month
APPROVED AS RECOMMENDED; ADOPTED RESOLUTION NO. 04-176
CALWAn / 7. / Proclaim May 10 through 14, 2004, as Juror Appreciation Week
APPROVED AS RECOMMENDED; ADOPTED RESOLUTION NO. 04-177
LCAWAn / 8. / Proclaim May 3 through 9, 2004, as “Mosquito and Vector Control and West Nile Virus Awareness Week”
APPROVED AS RECOMMENDED; ADOPTED RESOLUTION NO. 04-178
Supervisor Larson
ALCWAn / 9. / Proclaim May 4, 2004, as Fresno County Peace Officers’ Memorial Day
APPROVED AS RECOMMENDED; ADOPTED RESOLUTION NO. 04-179
LACWAn / 10. / Proclaim May 9 through May 15, 2004, as Police Week
APPROVED AS RECOMMENDED; ADOPTED RESOLUTION NO. 04-180
Administrative Office
LCAWAn / 11. / Presentation of the Department of Agriculture’s Crop and Livestock Report for 2003
RECEIVED; DIRECTED STAFF TO PROVIDE THE BOARD WITH A STATUS REPORT ON ANY DIFFICULTIES ENCOUNTERED IN COMPLIANCE WITH WATER DISCHARGE REQUIREMENTS
LCAWAn / 12. / Direct staff regarding the review and adjustment of the Plaza Ballroom public rental fee
DIRECTED STAFF TO MOVE FORWARD WITH ADJUSTMENT OF THE PLAZA BALLROOM PUBLIC RENTAL FEE
LCWAn
A/ab / 13. / Adopt resolution accepting and expressing gratitude for a donation for deposit to the Library Trust Fund by the Friends of the Fresno County Public Library ($30,000)
APPROVED AS RECOMMENDED
CALWAn / 14. / Approve transfer of Human Services System-Finance and Operations Support warehouse functions to the County Clerk Org. 2850; adopt Salary Resolution Amendment (Appendix C) on file with Clerk to the Board to transfer 28 positions from Human Services System-Finance and Operations Support to County Clerk Org. 2850 (11 positions) and the Department of Employment & Temporary Assistance Org. 5610 (17 positions); adopt resolution increasing the adopted FY 2003-04 appropriations and estimated revenue for the County Clerk Org. 2850 in the amount of $150,185 (4/5 vote) (continued from April 13, 2004)
APPROVED AS RECOMMENDED; DIRECTED STAFF TO FINALIZE THE MOU BETWEEN THE TWO DEPARTMENTS
WACL
An/no / 15. / Provide direction to proceed with 100 percent or 80 percent cost recovery option for environmental health fees; conduct first hearing of a proposed ordinance at 100 percent cost recovery option to amend the Master Schedule of Fees, Charges and Recovered Costs by amending various subsections of Section 900 and Subsection 2585 of Section 2500, relating to fees for environmental health services and land use review; and set second hearing for May 11, 2004, or conduct first hearing of a proposed ordinance at 80 percent cost recovery option to amend the Master Schedule of Fees, Charges and Recovered Costs by amending various subsections of Section 900, and amending Subsection 2585 of 2500, relating to fees for environmental health services and land use review, and set second hearing for May 11, 2004
CONTINUED TO BUDGET HEARINGS FOR FURTHER DISCUSSION
B.O. / 16. / Receive report on proposed Coroner-Public Administrator/Public Guardian Facility site areas; provide input and direct staff to proceed with further analysis of potential sites
DIRECTED STAFF TO DO FURTHER ANALYSIS ON POTENTIAL SITES FOR THE NEW FACILITY, INCLUDING COUNTY-OWNED PROPERTY
17. / Receive verbal budget status report which includes impact of rate increases in workers compensation, general liability and retirement on cost of County workforce
RECEIVED
18. / Board of Supervisors’ Committee Reports – Receive and provide direction (This item reserved for committee reports by members of the Board of Supervisors)
RECEIVED
WLACAn / 19. /

Board Appointments – (List attached in packet and posted on bulletin board outside

of Board Chambers)

HUMAN RESOURCES ADVISORY BOARD

APPOINTED DALLAS DEBATIN TO REPLACE JOSIE RANGEL

IN-HOME SUPPORTIVE SERVICES ADVISORY COMMITTEE

APPOINTED MICHELLE EVERS TO REPLACE CINDIE VAN NOY

APPOINTED ANTONIA LANDIN TO REPLACE PAM WHALEN

INTEGRATED WASTE MANAGEMENT PLAN TASK FORCE

APPOINTED JOE SALLEE TO REPLACE ALAN JACOBSEN

APPOINTED DONALD WADE TO REPLACE JUDY HORN

LOCAL CHILD CARE & DEVELOPMENT PLANNING COUNCIL

APPOINTED ALEX RAMOS TO REPLACE FAITH RENEE PORTER

APPOINTED DON ROGERS TO REPLACE LILIA CHAVEZ

MENTAL HEALTH BOARD

APPOINTED RICA MILLER TO REPLACE J. MARTIN RODRIGUEZ

APPOINTED LEO RABAGO TO REPLACE BILLIE ROSE HUGHES

SHAVER LAKE CITIZENS ADVISORY COUNCIL

REAPPOINTED BEVERLY CLOUD

REAPPOINTED JEROME SANDSTROM

REAPPOINTED RICHARD LITTLE

APPOINTED JIM TOSTE TO REPLACE JOHN R. MOUNT

APPROVED NOMINATIONS FOR APPOINTMENTS/REAPPOINTMENTS

20. / Closed Session –
a. Conference with legal counsel – Significant Exposure to Litigation
Government Code Section 54956.9(b) – No. of Cases: 1
b. 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
Sitting as IHSS Public Authority Governing Board
c. 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.

ACLWAn
ALCWAn
LCAWAn / 21. / Afternoon Consent Agenda – Item Numbers 64 - 84
-(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 NOS. 82 & 83 WHICH WERE PULLED FOR DISCUSSION
APPROVED ITEM NO. 82 AS RECOMMENDED; DIRECTED STAFF TO PREPARE AND ISSUE AN ADDENDUM PERTAINING TO APPRENTICESHIP LANGUAGE IN PARAGRAPH 2.55.D BID PACKAGE 3
APPROVED ITEM NO. 83 AS RECOMMENDED
Administrative Office
ACLWAn / 22. / Conduct public protest hearing to consider levying assessment for maintenance of South Autumn, South Zelkovia, South Duranzo, East Redondo, East Stanton and East Manzana Avenues benefiting lots within Tracts 5027 and 5297 and the formation of Zone “CC” of County Service Area No. 35, located on south side of Jefferson Avenue, between South Del Rey and South McCall Avenues
APPROVED RECOMMENDED ACTION NOS. 1A, 2 & 3 OF AGENDA ITEM
LACWAn / 23. / Conduct public hearing to receive testimony from citizens on proposed Community Development, Housing, and Emergency Shelter Grant programs; approve FY 2004-05 Action Plan including uses of Community Development Block Grant, HOME Investment Partnerships Program and Emergency Shelter Grant funds; adopt resolution authorizing Interim Director of Department of Public Works and Planning to submit FY 2004-05 Action Plan to U.S. Department of Housing and Urban Development, to execute Standard Forms 424, Certifications, and Entitlement Grant Agreements for Community Development Block Grant and HOME Investment Partnerships Program; and authorize Interim Director of Human Services System to execute Standard Form 424, Certification and Entitlement Grant Agreement for Emergency Shelter Grant
APPROVED AS RECOMMENDED
24. / 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
CALWAn / Supervisor Arambula
Recognize Mr. Rutherford B. Gaston, Sr. for his dedication and commitment in education and civic involvement on behalf of the residents of the County of Fresno.
Placement on Agenda: To Follow Item 30
APPROVED AS RECOMMENDED
CLOSED SESSION
ACLWAn / Closed Session
Conference with legal counsel – Significant Exposure to Litigation Government Code section 54956.9(b) - No. of Cases: 1
Placement on Agenda: To Follow Item 20b
THE BOARD OF SUPERVISORS UNANIMOUSLY ACCEPTED COUNTY COUNSEL, PHILLIP CRONIN’S RESIGNATION EFFECTIVE MAY 5, 2004, & RATIFIED AN AGREEMENT WITH MUTUALLY ACCEPTABLE TERMS
WCLAAn / ADJOURNED
NEXT MEETINGS:
May 11, 2004 – 9:00 A.M.
May 18, 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.
CALWAn
CALWAn
CALWAn / MORNING CONSENT AGENDA – Item Numbers 25 - 63
(Any Board Member may pull any consent item for discussion or separate vote)
APPROVED AS RECOMMENDED, INCLUDING ADDENDUM, WITH THE EXCEPTION OF ITEM NOS. 39 & 44 WHICH WERE PULLED FOR DISCUSSION
APPROVED ITEM NO. 39 AS RECOMMENDED
APPROVED ITEM NO. 44 AS RECOMMENDED
Chair Anderson
25. / Proclaim May 1, 2004, as Law Day
26. / Proclaim May 4, 2004, as Asthma Day
27. / Adopt resolutions honoring the 2004 Registered Nurse of the Year Award Winners:
a. Nancy Schreiber in the category of Advanced Practice
b. Allen Giles in the category of Clinical Practice
c. Cynthia Dolata in the category of Education
d. Mary Farrell in the category of Administration
Supervisor Arambula
28. / Proclaim May 2004 as Elder Abuse Prevention Month
29. / Adopt resolution recognizing Dr. Luz Gonzalez for her dedication in the area of education
30. / Adopt resolution recognizing Comprehensive Youth Services for its 32 years of service on behalf of families, and support Child Advocacy Award Celebration on April 29, 2004
Assessor-Recorder
31. / Approve and authorize Chairman to execute agreement with Harold W. Bertholf, Inc., for consultant work regarding assessment of petroleum properties ($135,500)
Auditor-Controller/Treasure-Tax Collector
32. / Approve and authorize Chairman to execute agreement with the Housing Assistance Corporation to sell tax-defaulted properties
33. / Approve and authorize Chairman to execute the agreement with the Housing Authority of the City of Fresno to sell tax-defaulted properties
Coroner-Public Administrator/Public Guardian
34. / Retroactive-approve and authorize Chairman to execute agreement with Tulare District Hospital-Mineral King Laboratory for evidentiary toxicology laboratory testing analyses and related services ($390,000)
County Counsel
35. / Hold second hearing on ordinance to amend Fresno County Ordinance Code Section 4.16.090 regarding the allocation of sales and use tax revenue between the County and various cities
36. / Approve and authorize Clerk to execute Budget Transfer No. 94 ($75,000) from Interest and Miscellaneous Expenditures to County Counsel to cover expenditures for outside counsel/consultant costs
Sheriff
37. / Approve and authorize Chairman to execute a revenue agreement with the U.S. Army Corps of Engineers for Sheriff’s Law Enforcement Services at Pine Flat Lake ($25,526)
38. / Approve and authorize Clerk to execute Budget Transfer No. 84 ($3,116) within the FY 2003-04 Sheriff’s Boating and Waterways Unit Org. 31121210
Administrative Office
CALWAn / 39. / Salary Resolution Amendments (copy of amendments attached in Supervisor’s Agenda Packet is on file with the Clerk to the Board and posted on the bulletin board outside the Board Chambers)
APPROVED AS RECOMMENDED
40. / Adopt resolution implementing Government Code Section 31641.04 for the County Counsel classification
41. / Approve and authorize Clerk to execute Budget Transfer No. 86 ($11,244) from Data Processing to Regular Salaries, Department of Pubic Works and Planning, Org. 43600600; adopt Salary Resolution Amendment (Appendix C), on file with Clerk to the Board, to add one Information Technology Analyst I/II/III/IV/Senior position in Public Works and Planning Org. 43600600 and delete one Senior Information Technology Analyst from Information Technology Services Department, Org. 89050000
42. / Adopt Salary Resolution Amendment (Appendix D), on file with Clerk to the Board to add two Senior Information Technology Analyst positions and two Information Technology Analyst I/II/III/IV positions to Employment and Temporary Assistance Department, Org. 56107001, and deleting two Senior Information Technology Analyst positions and two Information Technology Analyst I/II/III/IV positions from Information Technology Services Department, Org. 89050000
43. / Adopt Salary Resolution amendment (Appendix E), on file with Clerk to the Board to transfer 36 positions from Human Services System – Finance and Operations Org. 5600 to the Department of Employment and Temporary Assistance Org. 5610
CALWAn / 44. / Adopt Salary Resolution Amendment (Appendix F) on file with Clerk to the Board to add one Deputy Director of Children and Family Services
APPROVED AS RECOMMENDED
45. / Approve of Memorandum of Understanding for Representation Unit 30 (Fresno County Prosecutors Association)
46. / Adopt resolution increasing FY 2003-04 Public Works and Planning – Parks and Grounds budget (7910) ($3,450) to purchase six replacement picnic tables that were damaged from acts of vandalism (4/5 vote); approve transfer of property loss reserve funds ($3,450) from the Risk Management Internal Service Fund to the Public Works and Planning – Parks and Grounds budget
47. / Approve and authorize chairman to execute submittal of FY 2003-04 Child Health and Disability Prevention/California Children’s Services Plan to State Department of Health Services
48. / Approve and authorize Chairman to execute application for a grant from the California State Library’s FY 2004-05 Global Languages Materials Grant Program which is funded by the Library Services and Technology Act
49. / Approve and authorize Chairman to execute application for a grant from the California State Library’s FY 2004-05 Small Business Initiative which is funded by the Library Services and Technology Act
50. / Adopt resolutions accepting and expressing gratitude for donations for deposit to the Library Trust Fund from the Friends of the Fresno County Library ($6,000)
Agreements – Approve and Authorize Chairman to Execute
51. / Sole source agreement with Canyon Solutions, Inc. for purchase of JCATS Defender case management software; and approve and authorize Clerk to execute Budget Transfer No. 89 ($61,170) for the purchase of JCATS Defender case management software
52. / Sole source agreements with various Community-Based Organizations (list on file with Clerk to Board of Supervisors) for continuation of the Students Targeted with Opportunities for Prevention Program for FY 2004-05 ($1,454,500); and adopt resolution continuing Comprehensive Multi-Agency Juvenile Justice Plan for FY 2004-05
53. / Retroactive – agreements with Fresno Community Hospital and Medical Center, dba University Medical Center, Ambulatory Care/Special Services ($57,854) and WestCare California, Inc. ($120,368)
54. / Agreement with Panagraph, Inc., to continue the Babies First marketing campaign ($360,000)
55. / Amendment to the revenue agreement with the State Department of Health Services, Office of AIDS, for the Housing Opportunities for Persons with AIDS Program ($617,963)
56. / Agreement with California State University, Fresno Foundation for Evaluation of Neighborhood Resource Centers ($10,700)
57. / Amendment to agreement with the California Department of Food and Agriculture for Pierce’s Disease Control Program; and approve and authorize Clerk to execute Budget Transfer No. 87, FY 2003-04 Department of Agriculture Org. 4010 ($24, 000) for the purchase of treatment equipment
58. / Application for assistance agreement with the Governor’s Office of Emergency Services for Federal FY 2004 Emergency Management Performance Grant ($140,437); adopt resolution increasing FY 2003-04 Information Technology Services Department appropriations and estimated revenue for Org. 8908 ($12,265) to purchase computer equipment (4/5 vote); and approve and authorize Clerk to execute Budget Transfer No. 88 ($34,174) Department of Community Health FY 2003-04 Orgs. 56204606 and 56208550 to purchase a network digital copier and computer equipment
59. / Amendment to revenue agreement with Central Valley Regional Center to increase reimbursement of in-patient treatment services provided to dually diagnosed, developmentally disabled and mentally ill consumers
60. / Agreement with Superior Court for provision of staff services for Substance Abuse and Crime Prevention Act of 2000 ($78,000); adopt resolution approving the FY 2004-05 County Plan and Funding Request for the Substance Abuse and Crime Prevention in the amount of $3,041,777 and Substance Abuse Treatment and Testing Accountability Program in the amount of $219,357; and delegate authority to the Alcohol and Drug Program administrator to approve revisions and to submit the final FY 2004-05 Substance Abuse and Crime Prevention Act County Plan and budget
61. / Retroactive – Memorandum of Understanding with the Fresno County Workforce Investment Board and the State of California Department of Rehabilitation designating Department of Rehabilitation as a One-Stop Partner in Fresno County Workforce Investment Board’s One-Stop System and specifying performance and funding responsibilities
62. / Retroactive – revenue license agreement with Service Employment Redevelopment – Jobs for Progress, Inc., to rent space at Reedley Regional Center ($45,302)
63. / “AGREEMENTS TO DEFEND PUBLIC OFFICER OR EMPLOYEE” for the employee: Emery M. Robinson, Deputy Sheriff III; as named in U.S. District Court, Eastern District of CA, Court Case No. : CIV F 03-6408 AWI LJO – Kathryn Hogan, et al. v County of Fresno, et al.
ACLWAn
ALCWAn
LCAWAn / AFTERNOON CONSENT AGENDA – Item Numbers 64 - 84
(Any Board Member may pull any consent item for discussion or separate vote)
APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM NOS. 82 & 83 WHICH WERE PULLED FOR DISCUSSION
APPROVED ITEM NO. 82 AS RECOMMENDED; DIRECTED STAFF TO PREPARE AND ISSUE AN ADDENDUM PERTAINING TO APPRENTICESHIP LANGUAGE IN PARAGRAPH 2.55.D BID PACKAGE 3
APPROVED ITEM NO. 83 AS RECOMMENDED
Administrative Office
64. / Adopt resolution revising number of miles of maintained roads
65. / Reaffirm action of October 1, 2002, requesting that Fresno Metropolitan Flood Control District pursue acquisition and development of Fresno Metropolitan Flood Control District Drainage Area “CQ” to serve County industrial area including beef packers
66. / Approve bylaws for Tenaya Park Estates Citizens’ Advisory Council serving County Service Area No. 2
67. / Approve bylaws for Historic Parks Advisory Committee
68. / Adopt budget resolution increasing FY 2003-04 appropriations in the amount of $7,506 in Waterworks District No. 37, Mile High, Org. 9357 Maintenance-Buildings & Grounds from General Reserves (4/5 vote)