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					                                Board of Supervisors Agenda
                                Chairman            Vice Chairman
                                Judith G. Case      Phil Larson           Susan B. Anderson           Henry Perea          Bob Waterston
Room 301, Hall of Records       4th District        1st District          2nd District                3rd District         5th District
2281 Tulare Street
Fresno, California 93721-2198                                             Bart Bohn                   Dennis A. Marshall   Bernice E. Seidel
Telephone: (559) 488-3529                                                 County Admin. Officer       County Counsel       Clerk
Toll Free: 1-800-742-1011




                                                                   TUESDAY

                                                            APRIL 26, 2005

                                                                   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 22 – 52
                   - (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

         Chairman Case
         2.        Proclaim the Month of April 2005 as Child Abuse Prevention Month in Fresno
                   County
         3.        Proclaim April 25th through May 1, 2005, as West Nile Virus and Mosquito and
                   Vector Control Awareness Week in Fresno County

         Supervisor Perea
         4.        Adopt Countywide group home support letter policy limiting the issuance of group
                   home letters of support to Rate Classification Level facilities that have a ten
                   percent or lower vacancy rate or provide services to a special needs population

         Auditor-Controller/Treasurer-Tax Collector
         5.        Approve revisions to the Policy for use of Public Financing for Private
                   Development Projects and approve the County of Fresno Debt Policy; including
                   revisions to the Policy for Use of Public Financing for Private Development
                   Projects as noted




                                                 Equal Employment Opportunity - Affirmative Action - Disabled Employer
                                                            Internet www.co.fresno.ca.us/0110/agenda.asp
                                                                                                     Page 2

District Attorney
6.                 Adopt Salary Resolution, Appendix “E”, adding one Chief Deputy District Attorney
                   and one Supervising District Attorney Investigator position to District Attorney,
                   Org. 2860, and place the existing Associate District Attorney and Assistant
                   District Attorney-Criminal Division positions, in combination with the existing
                   Deputy District Attorney series positions, in Org. 2860, and increase the
                   allocation of Chief Deputy District Attorney by one and Senior Deputy District
                   Attorney by two, as described and shown on Appendix “E”

Administrative Office
7.                 Adopt & authorize chairman to execute a Resolution that approves in concept a
                   nonbinding "project agreement term sheet" with the State of California Judicial
                   Council, Administrative Office of the Courts, for the development, construction,
                   financing, and State reimbursement of a portion of the cost of a new "shared-
                   use" Juvenile Delinquency Court building to be located at the new Juvenile
                   Justice Campus (estimated project cost: approx. $37.6 million, estimated cost of
                   bonds to finance the project: approx. $45 million, estimated County share of bond
                   debt service: approx. $19.5 million), & Provide direction to staff whether to
                   commence with design work associated with the Delinquency Court Building prior
                   to any approval of cost sharing agreements with the State
8.                 Receive verbal report of third quarter FY 2004-05 budget status
9.                 Receive presentation of the Department of Agriculture's Fresno County Crop and
                   Livestock Report for 2004
10.                Conduct first hearing of a proposed ordinance to amend the Master Schedule of
                   Fees, Charges and Recovered Costs for environmental health services and land
                   use review; and waive reading of the ordinance in its entirety and set second
                   hearing for May 17, 2005
11.                Approve and authorize the Chairman to execute a revenue Agreement with San
                   Bernardino County for the acquisition of the Fresno County IHSS Automated
                   Payroll System, effective April 26, 2005, ($16,520); and present the In-Home
                   Supportive Services Automated Payroll System demonstration
12.                Board of Supervisor's Committee Reports - Receive and provide direction (This item
                   reserved for committee reports by members of the Board of Supervisors)
13.                Board Appointments - (List attached in packet and posted on bulletin board outside of
                   Board Chambers)
14.                Closed Session -
Closed Session -




                   a. Conference with legal counsel - Anticipated Litigation, Government Code
                      section 54956.9, No. of Cases: 1
                   b. Conference with legal counsel - Initiation of Litigation, Government Code
                      section 54956.9(c), No. of Cases: 1
                   c. Conference with legal counsel - Existing Litigation, Government Code section
                      54956.9(a), Guy Stockbridge v. County Of Fresno, Fresno County Superior
                      Court Case No. 04 CE CG 03153 MWS
                                                                                                                                   Page 3

                                                         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
                                                         e. Public Employee Appointment or Employment - Title: Chief Information
                                                            Officer (GC 54957)
                                                         f. Pending Litigation - Government Code Section 54956.9(a) - WCAB Case No.
                                                            FRE 0219383, Ramos v. County of Fresno, et al.
Sitti ng as the IHSS Public Authority Gover ning Board




                                                                                     NOON RECESS
                                                                                                 Page 4

                                              2:00 PM

15.   Afternoon Consent Agenda - Item Numbers 53 – 75
      - (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
Administrative Office
16.   Hold first hearing on ordinance to amend Fresno County Ordinance Code section
      4.16.090, concerning the allocation of sales and use tax revenues between the
      County and the City of Fresno; and waive reading of the Ordinance in its entirety
      and set second hearing for May 3, 2005
17.   Conduct hearing to receive protests from County Service Area No. 23 property
      owners on increasing water fees as required under Proposition 218 and, if no
      majority protests based on results, adopt resolution approving fees, direct staff to
      include fees on Master Schedule of Fees, Charges and Recovered costs for
      administrative purposes, or, if there is majority protest, adopt resolution denying
      increase of water fees and continue with existing fees
18.   Conduct hearing to receive protest from County Service Area No. 43 property
      owners on increasing park maintenance fee as required under Proposition 218
      and, if no majority protest based on results, adopt resolution directing staff to
      proceed with second step ballot process, or, if there is majority protest, adopt
      resolution denying increase of park maintenance fee and continue with existing
      fee
19.   Conduct public hearing to receive testimony from citizens on proposed County
      community development, housing, and emergency shelter grant programs;
      approve 2005-09 Consolidated 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 2005-09 Consolidated Plan to U.S.
      Department of Housing and Urban Development, execute Standard Form 424,
      Certifications, and Entitlement Grant Agreements for Community Development
      Block Grant and Home Investment Partnerships Program and authorizing
      Director of the Department of Children and Family Services to execute Standard
      Form 424, Certification, and Entitlement Grant Agreement for Emergency Shelter
      Grant
20.   Consider and take action on appeal of Planning Commission's approval of
      Unclassified Conditional Use Permit Application No. 3066, filed by Mike
      Kochergen proposing to allow solid waste transfer station on 2.27-acre parcel in
      AL-20 District and an eight-acre portion of adjacent 26.89-acre parcel in M-3
      District
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)
                                                                                            Page 5

                                            ADJOURN


NEXT MEETINGS:
April 29, 2005 - 9:00 A.M. to 12 noon - Joint Board of Supervisors/Planning
Commission mtg. (held at the Cornerstone Conference Facility – 1525 Fulton Street)
May 3, 2005 - 9:00 A.M.
May 17, 2005 - 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 C ons ent Ag enda
                                                                                                Page 6

               MORNING CONSENT AGENDA – Item Numbers 22 – 52
           (Any Board Member may pull any consent item for discussion or separate vote)

County Clerk/Registrar of Voters
22.   Approve and authorize the Chairman to execute an Agreement with Loss
      Protection and Investigations, Inc., to provide offsite shredding of confidential
      documents, amount will not exceed $85,294

District Attorney
23.   Adopt a resolution approving and authorizing the District Attorney to submit and
      the Chairman of the Board to execute Grant Application for continued funding of
      the Workers' Compensation Insurance Fraud Program with the State of
      California, Department of Insurance, including any extensions or amendments
      thereof ($1,062,250)
24.   Adopt a resolution increasing fiscal year 2004-05 appropriations and estimated
      revenues for District Attorney Grants Org. 28628000 in the amount of $28,309
      (4/5th vote), and Salary Resolution, Appendix "C", adding one Senior District
      Attorney Investigator/District Attorney Investigator II /District Attorney Investigator
      I/Investigative Assistant position to District Attorney Grants Org. 28628000

Sheriff
25.   Adopt resolution increasing appropriations and estimated revenue for Sheriff
      Grants Org. 31121702 in the amount of $11,930 (4/5th vote); approve Salary
      Resolution amendment, Appendix "D", adding one Community Service Officer
      (Range 1044) for Sheriff Grants Org. 3112
26.   Adopt Off-Highway Vehicle Proclamation
27.   Adopt resolution increasing FY 2004-05 appropriations and estimated revenues
      for Sheriff Grants Org. 3112 in the amount of $4,200 for the cost associated with
      the purchase of a computer and high capacity printer for DNA processing for the
      Sheriff's Department Forensic Laboratory (4/5 vote)
28.   Approve and authorize the Chairman to execute amendment to revenue
      agreement with the City of Mendota for Law Enforcement Services effective upon
      execution ($100,000 annually); and adopt resolution increasing FY 2004-05
      appropriations and estimated revenues for Sheriff Grants Org. 3112 in the
      amount of $40,000 (4/5 vote)
29.   Approve and authorize the Chairman to execute Amendment to revenue
      agreement with the City of San Joaquin for law enforcement services effective
      upon execution; and adopt resolution increasing FY 2004-05 appropriations and
      estimated revenue for Sheriff Grants Org. 3112 in the amount of $2,938 (4/5
      vote)

Administrative Office
30.   Salary Resolution Amendments (Copy of amendments attached in Supervisors' Agenda
      Packet, on file with the Clerk to the Board, and posted on the bulletin board outside the Board
      Chambers)
                                                                                Page 7

31.   Approve Modified Voluntary Furlough Leave Program for management and
      unrepresented employees for FY 2005-06 and 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 2005-06
32.   Approve resolutions rejecting Claims for Damages and approve resolutions
      rejecting Applications for Leave to Present a Late Claim for Damages
33.   Adopt resolution designating the Department of Behavioral Health as the lead
      agency for Proposition 36 Substance Abuse and Crime Prevention Act of 2000;
      Adopt Resolution approving FY 2005-06 County Plan ($3,175,179) and
      Substance Abuse Treatment End Testing Accountability Program ($219,357);
      and delegate authority to the County Alcohol and Drug Program Administrator to
      approve revisions and submit the Final County FY 2005-06 Plan and Budget
34.   Hold second hearing on a proposed Administrative Fines Ordinance
35.   Approve Conflict of Interest Code Amendments for Council of Fresno County
      Governments (COG) and Liberty Water District
36.   Adopt Resolution accepting and expressing gratitude for a donation for deposit to
      the Library Trust Fund from the Friends of the Fresno County Public Library
      ($5,000)
37.   Adopt Resolution increasing the FY 2004-05 appropriations for Capital Projects,
      Org. 1910, in the amount of $115,800 and decreasing the FY 2004-05
      appropriations for Contingencies, Org. 8210, in the amount of $115,800, to make
      modifications to the heating hot water system at the Plaza Building to comply
      with the San Joaquin Valley Air Pollution Control District Rule 4306 (4/5 vote)
38.   Adopt resolutions increasing amended FY 2004-05 appropriations and estimated
      revenues of the Department of Employment and Temporary Assistance, Org.
      5610, and Information Technology Services Department -Telecommunications,
      Org. 8931, to purchase communications equipment in the amount of $129,615.
      (4/5 vote)
39.   Adopt resolution increasing amended FY 2004-05 appropriations and estimated
      revenues for the Department of Employment and Temporary Assistance, Org.
      5610, in the amount of $1,546,616 to fund an increase in Application
      Development Deliverable costs attributed to CaIWIN (4/5 vote)
40.   Support Assembly Bill (AB) 1605, by Assembly Members Berg and Wolk, and
      Senate Bill (SB) 1018, by Senator Simitian, which would establish the Elder
      Financial Abuse Reporting Act of 2005 and identify employees of certain financial
      institutions as mandated reporters of financial abuse perpetrated against elder
      and dependent adults
                                                                                                        Page 8

41.                           Adopt resolution increasing the FY 2004-05 appropriations ($6,009,451) and
                              estimated revenues ($5,859,215) for the Department of Employment and
                              Temporary Assistance - CaIWORKs, Org. 6310, with the remaining funding
                              provided by decreasing the Designation for State Budget Mitigation ($140,000)
                              and available fund balance in the General Fund ($10,236) (4/5 vote); adopt
                              resolution increasing the FY 2004-05 appropriations ($1,238,413) and estimated
                              revenues ($1,153,853) for the Department of Employment and Temporary
                              Assistance - Foster Care, Org. 6410, with the remaining funding provided by
                              available fund balance in the General Fund ($84,560) (4/5 vote); and adopt
                              resolution increasing the FY 2004-05 appropriations ($281,631) and estimated
                              revenues ($246,427) for the Department of Employment and Temporary
                              Assistance - Aid to Adoptions, Org. 6415, with the remaining funding provided by
                              available fund balance in the General Fund ($35, 204) (4/5 vote)

Agreements - Approve and Authorize Chairman to Execute
42.                           "AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE" for Sydney
                              Ricks, Deputy District Attorney III, as named in Fresno County Superior Court
                              Case No.: 05 CE CG 00283 MWS - Philip G. Marin v. County of Fresno, et al.
43.                           Retroactive Award from the State Department of Health Services for tuberculosis
                              services ($331,998)
44.                           Revenue Agreement with the California HealthCare Foundation for a Diabetes
                              Care Project ($300,000); and authorize the Director of Community Health to
                              execute Memorandums of Understanding with collaborating agencies in
                              accordance with grant guidelines
45.                           Amendment to the agreement with WestCare of California, Inc., for short-term
                              residential substance abuse treatment services ($130,200)
46.                           Retroactive FY 2004-05 Standard Revenue Agreement for Emergency Medical
                              Services Appropriations ($599,512)
47.                           Lease agreement with Marks Bullard Investors, LP, 3071 W. Bullard, Suite A,
                              Fresno, for the Fig Garden Library with a primary term of eight years ($883,178)
48.                           Authorize the Chief Probation Officer to submit a grant application/agreement
                              ($390,152) to the California Board of Corrections; and authorize the Chairman to
                              execute the application/agreement, including any extensions or amendments
                              thereof
49.                           Retroactive Amador Plan Agreement with the State of California for fire
                              protection services provided by the California Department of Forestry & Fire
                              Protection to the County of Fresno for FY 2004-05 ($754,842)
50.                           Amendment to the Agreement with Andrea Sobrado for Family to Family Initiative
                              Coordinator Services ($100,001)
51.                           Agreement with Fresno County Economic Opportunities Commission for the
                              Sanctuary Transitional Living Center 3 ($156,109)
52.                           Retroactive Amendment to the Agreement with the State Department of Mental
                              Health for Specialty Mental Health Services provided to Medi-Cal eligible
                              beneficiaries for FY 2004-05 ($983,569)
Afternoon C ons ent Ag enda
                                                                                         Page 9

            AFTERNOON CONSENT AGENDA – Item Numbers 53 – 75
          (Any Board Member may pull any consent item for discussion or separate vote)

Administrative Office
53.   Adopt resolution authorizing stop signs at intersection of Central and East
      Avenues, stopping northbound and southbound traffic on East Avenue
54.   Adopt resolution authorizing stop signs at intersections of Grantland and
      Mountain View Avenues stopping southbound traffic on Grantland Avenue,
      Nebraska and Grantland Avenues stopping westbound traffic on Nebraska
      Avenue, and Polk and Nebraska Avenues stopping southbound traffic on Polk
      Avenue
55.   Accept work for Tract No. 4613 as substantially complete; release Labor and
      Materials Bond ($147,431), Underground Utility Bond ($86,250), Engineers and
      Surveyors Bond ($1,500), and reduce Performance and Maintenance Bond from
      $294,861 to $73,715 to provide for maintenance of tract improvements; and
      authorize establishment of $2,000 trust fund to guarantee minor improvements
      yet to be completed due to wet conditions
56.   Accept work for Tract No. 4962 as substantially complete; release Labor and
      Materials Security ($136,000), Monumentation Security ($5,000) and reduce
      Performance and Maintenance Security from $329,000 to $38,000 to provide for
      maintenance of tract improvements; and authorize establishment of $2,000 trust
      fund to guarantee minor improvements yet to be completed due to wet conditions
57.   Conduct second hearing to amend Fresno County Ordinance Code, Section
      782.6 to Chapter 4 of Division IV, relating to provision of water prior to issuance
      of building permit
58.   Adopt plans and specifications for Contract No. 04-05-C, Traffic Signal and
      Highway Lighting at intersection of Academy and Belmont Avenues, Federal
      Congestion Mitigation and Air Quality Program, Project No. CML-5942 (111); and
      authorize Interim Director of Department of Public Works and Planning to
      advertise for bids and set bid opening date
59.   Adopt plans and specifications for Contract No. 04-12-C, Wahtoke Creek Bridge
      on Frankwood Avenue and Travers Creek Bridge on Dinuba Avenue; and
      authorize Interim Director of Department of Public Works and Planning to
      advertise for bids and set bid opening date
60.   Approve selection of consultant engineering firms to assist County with various
      road and capital improvement projects; and authorize Department of Public
      Works and Planning to negotiate contract agreement with selected consultants
61.   Award Contract No. 04-15-C, Kearney Boulevard Bicycle Path, to low bidder,
      Witbro, Inc., dba Seal Rite Paving and Grading, 959 Clovis Avenue, Clovis
      ($173,186.66)
62.   Award Contract No. 04-22-C, Bituminous Seal Coats, to low bidder, Windsor Fuel
      Company, 9600 Windsor Road, Windsor ($798,623)
63.   Award Contract No. 04-23-C, County and Maintenance Asphalt Concrete
      Overlays - Various Locations in Fresno County, to low bidder, Henderson
      Construction Company, 4942 East Yale, #101 ($3,531,704.84)
                                                                                Page 10

64.   Award Shaver Lake Wastewater Treatment Plant Modifications, Contract No.
      04-14-C, to low bidder, Whitaker Contractors, Inc., 22985 El Camino Real, Santa
      Margarita ($987,941)
65.   Adopt plans and specifications for Contract No. 04-26-C, Federal Asphalt
      Concrete Overlay Project - Various Locations in Fresno County; and authorize
      Interim Director of Department of Public Works and Planning to advertise for bids
      and set bid opening
66.   Accept land owner's consent form requesting maintenance of Timber View Lane,
      benefiting an additional 19 lots being created by proposed Tract 5485 (Phase III),
      to Zone "CD" of County Service Area No. 35; accept for filing by Clerk to the
      Board of Supervisors an Engineer's Report supporting proposed assessment for
      maintenance of roads in Timber Ridge Development; and adopt Resolution of
      Intention to levy an assessment and set public protest hearing for 2:00 p.m. on
      June 14, 2005
67.   Accept land owner's consent form requesting outlot and open space
      maintenance, benefiting an additional 19 lots in Timber Ridge Development,
      being created by proposed Tract 5485 (Phase III), to Zone "E" of County Service
      Area No. 31; accept for filing by Clerk to the Board of Supervisors an Engineer's
      Report supporting proposed assessment; and adopt Resolution of Intention to
      levy an assessment and set public protest hearing for 2:00 p.m. on June 14,
      2005
68.   Accept land owner's consent form requesting formation of Zone "F" of County
      Service Area No. 31 for maintenance of outlots and open spaces benefiting 51
      lots created by proposed Tracts 4773 and 5218; accept for filing by Clerk to the
      Board of Supervisors an Engineer's Report supporting the proposed assessment;
      and adopt Resolution of Intention and set public protest hearing for 2:00 p.m. on
      June 14, 2005
69.   Adopt Resolution of Intention for Annexation No. 2 to County Service Area No.
      31, Bretz Mountain Village, and set public protest hearing to consider Annexation
      No. 2 for 2:00 p.m. on June 14, 2005
70.   Endorse Council of Fresno County Governments' 2005-06 Overall Work Program

Agreements - Approve and Authorize Chairman to Execute
71.   Amendment to Agreement with Biola Community Services District for Biola Storm
      Drainage Improvements - Phase II Community Development Block Grant Project
      No. 03945
72.   Agreement with Gilbert Salinas for exclusive use of Kearney Park for one-day
      event for three years
73.   Retroactive agreement with California Department of Forestry and Fire Protection
      for fire protection dispatch services in County Service Area No. 31 - Shaver Lake
      ($6,226)
74.   Agreement with SCS Field Services, Inc., to provide annual monitoring,
      maintenance, and regulatory reporting for landfill gas collection and control
      system at American Avenue Landfill, with option for two additional one-year
      terms ($85,000 annually)
                                                                            Page 11

75.   Agreement with City of Fresno for shared maintenance of City of Fresno/County
      of Fresno dual-jurisdictional public roads

				
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