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Board of Supervisors

October 8, 2024 ·9:30 AM Final-Revised

Hall of Records

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Agenda — 88 items

  1. 1 PROGRAM ACCESSIBILITY AND ACCOMMODATIONS: The Americans with Disabilities Act (ADA) Title II covers the programs, services, activities and facilities owned or operated by state and local governments like the County of Fresno ("County"). Further, the County promotes equality of opportunity and full participation by all persons, including persons with disabilities. Towards this end, the County works to ensure that it provides meaningful access to people with disabilities to every program, service, benefit, and activity, when viewed in its entirety. Similarly, the County also works to ensure that its operated or owned facilities that are open to the public provide meaningful access to people with disabilities. To help ensure this meaningful access, the County will reasonably modify policies/procedures and provide auxiliary aids/services to persons with disabilities. If, as an attendee or participant at the meeting, you need additional accommodations such as an American Sign Language (ASL) interpreter, an assistive listening device, large print material, electronic materials, Braille materials, or taped materials, please contact the Clerk of the Board of Supervisors staff, as soon as possible during office hours at (559) 600-3529, option 4, or at ClerkBOS@fresnocountyca.gov. Reasonable requests made at least 48 hours in advance of the meeting will help to ensure accessibility to this meeting. Later requests will be accommodated to the extent reasonably feasible. 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 Chairman will call for public testimony as each item is heard. For those who are present and 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 session.
  2. 2 All supporting documentation is available for public review in the office of the Clerk of 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://fresnocounty.legistar.com.
  3. 3 Roll Call ▶ jump to 0:08
  4. 4 Invocation and Pledge of Allegiance ▶ jump to 0:21
  5. 1. Approve Agenda 24-1107 approved agenda Pass ▶ jump to 2:59
  6. 5 Page Break
  7. 2. Approve Consent Agenda - Item Numbers 21-45 24-1108 Consent Agenda be approved Pass ▶ jump to 2:59
  8. 7 These matters are routine in nature and are usually approved by a single vote. Prior to action by the Board, the Board Members and 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 this Consent Calendar or set aside until later in the day
  9. 8 Chairman Magsig
  10. 3. Proclaim October 8th as Pink Day and October 2024 as Breast Cancer Awareness Month in Fresno County 24-1064 Approved as Recommended Pass ▶ jump to 10:28
  11. 4. Proclaim October 2024 as Domestic Violence Awareness Month in Fresno County 24-1082 Approved as Recommended Pass ▶ jump to 25:58
  12. 11 Supervisor Brandau and Supervisor Pacheco
  13. 5. Adopt Resolution to Repeal Resolution 21-247 and implement Public Works and Planning policy “Traffic Calming Measures - Speed Humps”, as a two-year pilot program 24-1098 Approved as Recommended Pass ▶ jump to 42:52
  14. 13 Board of Supervisors
  15. 6. Appoint a Member and Alternate Member of the Board of Supervisors to the California State Association of Counties (CSAC) Board of Directors for a one-year term (2024 to 2025); and Appoint a Member and one or two Alternate Members of the Board of Supervisors to the Urban Counties of California (UCC) Coalition Board of Directors for a two-year term (2025 through 2026); and direct the Clerk of the Board to provide notification to CSAC and UCC, respectively 24-0974 Approved as Recommended Pass ▶ jump to 45:36
  16. 15 Administrative Office
  17. 7. Adopt Resolution which establishes the “County of Fresno Policy for Resolution of Temporary Encampments on Public and Private Property” 24-1077 Approved as Recommended Pass ▶ jump to 45:46
  18. 8. Consider and take action on request for Determination of Public Convenience or Necessity in regard to application for Alcoholic Beverage License Type 20 (off-sale beer and wine) filed by Daljit Singh, to be used at 4706 E. Shields Avenue, Fresno, CA 93726 24-1017 denied Pass ▶ jump to 72:35
  19. 18 Page Break
  20. 19 Public Works and Planning
  21. 9. Receive verbal presentation and Attachment A to this item from Department of Public Works and Planning (“Department”) concerning County of Fresno Clovis Regional and Reedley Libraries that will, based on County’s design-build procurement method, using a “best value” basis (“Design-Build Method”), recommend to the Board of Supervisors (“Board”) (A) Harris Construction Co., Inc., SOLPAC Construction, Inc. dba Soltek Pacific Construction Company, and Zumwalt Construction, Inc., as the shortlisted Design-Build Entity proposers (collectively, “Shortlisted Proposers”), (B) the ranking of the Shortlisted Proposers, and (C) one of the Shortlisted Proposers as the highest-ranked Design-Build Entity (“Highest Ranked Design-Build Entity”) to construct both such libraries as a single project, but at different locations, under Design-Build Agreement for Project Number 24-DB-02 County of Fresno Clovis Regional and Reedley Libraires (“Design-Build Agreement Number 24-DB-02”) (current, recommended aggregate budget of $37,000,000, based on $24,000,000 for the Clovis Regional Library, and $13,000,000 for the Reedley Library); and rank Shortlisted Proposers, and identify one of the Shortlisted Proposers as the Highest Ranked Design-Build Entity, based on the Design-Build Method; and authorize Director of Public Works and Planning (“Director”) to negotiate for the Design-Build Agreement Number 24-DB-02 with the Highest-Ranked Design-Build Entity, using the draft form of the Design-Build Agreement Number 24-DB-02 on file with the Department’s Design Division, provided to the shortlisted Design-Build Entity proposers as part of the Design-Build Method, including any or all of the following that the Director determines to be in the best interest of the County under the Design-Build Method: (A) any revisions to such draft form of agreement; (B) any revisions to the Highest-Ranked Design-Build Entity’s proposal; and (C) any changes to the estimated aggregate budget; and authorize Director to return to the Board on December 17, 2024 either with (a) the proposed, final Design-Build Agreement Number 24-DB-02 with the Board’s Highest-Ranked Design-Build Entity, for the Board’s requested award of such agreement to such entity, and public announcement of such award and the basis of such award at such time, or (b) a recommendation for the Board to authorize the Director to negotiate for the Design-Build Agreement Number 24-DB-02 with the Board’s next, highest ranked Design-Build Entity among the Shortlisted Proposers, using the same procedures in recommended action number 3, but based on the Board’s deadline to be specified 24-0732 Approved as Recommended Pass ▶ jump to 83:44
  22. 10. Receive presentation by the Department of Public Works and Planning on the 2024 Regional Active Transportation Plan; and Approve and authorize Chairman to execute Resolution adopting the 2024 Fresno Council of Governments Fresno County Regional Active Transportation Plan (the “2024 Regional ATP”), which includes “Chapter 16 - Unincorporated Fresno County Communities,” in order for the County of Fresno to remain eligible to submit project applications to the California Transportation Commission for funding through the State’s Active Transportation Program 24-0817 Approved as Recommended Pass ▶ jump to 92:00
  23. 22 Board of Supervisors' Committee Reports and Comments
  24. 11. Board of Supervisors' Committee Reports and Comments - Receive and provide direction (this item is reserved for committee reports by members of the Board of Supervisors) 24-1109 held ▶ jump to 91:59
  25. 24 Page Break
  26. 25 Board Appointments
  27. 12. Receive Boards, Commissions and Committees Vacancy Report; and Appoint Applicants as necessary 24-1110 Approved as Recommended Pass ▶ jump to 102:46
  28. 27 Public Presentations
  29. 13. Public Presentations - This portion of the meeting is 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 3 minutes per person and no more than 15 minutes total per topic 24-1111 held ▶ jump to 102:47
  30. 29 Closed Session ▶ jump to 106:44
  31. 14. Conference with Labor Negotiator (Government Code, section 54957.6): Agency Negotiator: Hollis Magill; Employee Organization: All Bargaining Units and Management and Unrepresented Employees - Hours, Wages and Terms and Conditions of Employment 24-1034 held
  32. 15. Conference with legal counsel - Existing Litigation pursuant to Government Code Section 54956.9(d)(1): Steven Bailey: ADJ14464000; ADJ15040540; ADJ16485197 24-1066 held
  33. 16. Conference with legal counsel - Initiation of Litigation; Government Code, section 54956.9(d)(4) (2 Cases) 24-1078 held
  34. 17. Conference with legal counsel - Significant Exposure to Litigation; Government Code, section 54956.9(d)(2) (2 Cases) 24-1079 held
  35. 18. Public Employee Performance Evaluation - County Administrative Officer (Government Code section 54957(b)) 24-1087 held
  36. 19. Public Employee Performance Evaluation - County Counsel (Government Code section 54957(b)) 24-1088 held
  37. 20. Public Employee Performance Evaluation - Clerk of the Board (Government Code section 54957(b)) 24-1089 held
  38. 36 APPROVED: /s/ Nathan Magsig NATHAN MAGSIG, CHAIRMAN OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FRESNO ATTEST: BY: /s/ Bernice E. Seidel BERNICE E. SEIDEL CLERK OF THE BOARD OF SUPERVISORS COUNTY OF FRESNO, STATE OF CALIFORNIA APPROVED ON OCTOBER 22, 2024
  39. 37 Adjourn Adjourn the meeting following closed session Pass ▶ jump to 107:06
  40. 38 NEXT MEETINGS:
  41. 38 CONSENT AGENDA Consent Agenda be approved Pass
  42. 39 Page Break
  43. 40 CONSENT AGENDA
  44. 41 Board of Supervisors
  45. 21. Approve minutes for September 24, 2024 24-1112 Consent Agenda be approved Pass
  46. 43 Chairman Magsig
  47. 22. Approve community outreach expenditure of $800 to sponsor the Fresno Sheriff’s Memorial Foundation, Sheriff’s Memorial Auction and Dinner, per Administrative Policy No. 75 24-1117 Consent Agenda be approved Pass
  48. 45 Supervisor Brandau and Supervisor Pacheco
  49. 23. Adopt Budget Resolution increasing FY 2024-25 appropriations in the amount of $15,000 and increasing FY 2024-25 estimated revenues in the amount of $7,500 for Sheriff-Coroner-Public Administrator Org 31113219 to provide traffic control and additional law enforcement coverage for the Christmas Tree Lane “walk nights” (4/5 vote) 24-1100 Consent Agenda be approved Pass
  50. 47 County Clerk/Registrar of Voters
  51. 24. Accept Fresno County Clerk/Registrar of Voters Certificate of Facts regarding declarations of candidacy for positions to be elected at the November 5, 2024 Consolidated Statewide General Election; and Appoint, in lieu of holding an election, special district candidates listed in Attachment A who filed declarations of candidacy and are all unopposed 24-0958 Consent Agenda be approved Pass
  52. 49 District Attorney
  53. 25. Retroactively approve and authorize the District Attorney’s previous submittal of a grant application to the California Office of Traffic Safety for continuation of the Alcohol and Drug Impaired Driver Vertical Prosecution Program for FY 2024-25 ($813,432); and Approve and authorize the Chairman to execute a retroactive Grant Agreement (Grant Number DI25024), with an electronic signature, for the Alcohol and Drug Impaired Driver Vertical Prosecution Program with the California Office of Traffic Safety (OTS) for the period October 1, 2024 through September 30, 2025 ($665,900) 24-1120 Consent Agenda be approved Pass
  54. 51 Sheriff/Coroner/Public Administrator
  55. 26. Adopt Budget Resolution increasing FY 2024-25 appropriations and estimated revenues in the amount of $6,500 in the Sheriff-Coroner-Public Administrator Org 3111 for the purchase of electric bicycle (4/5 vote); and adopt Budget Resolution increasing FY 2024-25 appropriations in the amount of $6,500 in the Local Innovation Subaccount Funds Org 3438 to fund the purchase of electric bicycles out of the Sheriff-Coroner-Public Administrator Org 3111 (4/5 vote) 24-1050 Consent Agenda be approved Pass
  56. 53 Page Break
  57. 54 Administrative Office
  58. 27. Approve and authorize the Chairman to execute Second Amendment to Subrecipient Agreement No. 22-371 with Biola Community Services District (Subrecipient) for provision of American Rescue Plan Act - State and Local Fiscal Recovery Funds (ARPA-SLFRF), which will revise the expenditure plan and the modification clause, with no increase to the maximum compensation ($955,000); and Authorize the County Administrative Officer or designee to approve and execute written changes to the items in the project budget, which, when added together during the term of the Agreement, do not exceed ten percent (10%) of the total maximum reimbursement payable to Subrecipient, and which do not result in any change to the maximum compensation amount payable to Subrecipient 24-1057 Consent Agenda be approved Pass
  59. 28. Review the findings and recommendations of the 2023-24 Fresno County Civil Grand Jury Final Report No. 4, “Eat at Your Own Risk: The Quiet Reality of Health Inspections in Fresno County” and adopt the recommended responses; and Order the Board’s responses to the 2023-24 Fresno County Civil Grand Jury Final Report No. 4 be filed with the Presiding Judge of the Superior Court 24-1058 Consent Agenda be approved Pass
  60. 29. Adopt resolution authorizing the County Auditor-Controller/Treasurer-Tax Collector to make one or more loans of funds to the Coalinga-Huron Recreation and Parks District under Government Code section 23010 for Fiscal Year 2024-25 in the aggregate maximum amount of $200,000 24-1067 Consent Agenda be approved Pass
  61. 30. Approve and authorize the Chairman to execute a retroactive Amendment No. 1 to Audit Services Agreement, amending Agreement No. 24-292 with CliftonLarsonAllen, LLP, effective September 23, 2024, with no change to the term, revising the scope of the Agreement, authorizing the Auditor-Controller/Treasurer-Tax Collector or the County Administrative Officer to sign audit engagement letters, authorizing the County Administrative Officer to request additional services if required, and increasing the maximum compensation by $342,226 to a total not to exceed $1,259,315 24-1091 Consent Agenda be approved Pass
  62. 59 Behavioral Health
  63. 31. Approve and authorize the Chairman to execute a retroactive Amendment I to Agreement with Turning Point of Central California, to continue the Diversion Pilot Program funding (approved via County Agreement No. 24-307) extending the ability to invoice for Diversion services for an additional year through June 30, 2025, with no change to the term of July 1, 2023 through June 30, 2027 and increasing the compensation of the Full Service Partnership and Assertive Community Treatment Diversion Non Medi-Cal Services and Supports program portion of the agreement by $195,379 for Fiscal Year 2024-2025 to a total of $27,292,403 24-0931 Consent Agenda be approved Pass
  64. 61 Page Break
  65. 32. Approve and authorize the Chairman to execute Amendment I to Agreement No. 24-305 with Turning Point of Central California for Permanent Supportive Housing Services, effective October 8, 2024, with no change to the term of July 1, 2024, through June 30, 2029, and no change to maximum compensation ($375,000) 24-1031 Consent Agenda be approved Pass
  66. 63 Human Resources
  67. 33. Adopt Resolutions Rejecting Claims for Damages 24-1049 Consent Agenda be approved Pass
  68. 34. Approve the biweekly premiums for active employees and dependents for Plan Year 2025, effective December 9, 2024 (Exhibit A); and approve the monthly premiums for retirees and dependents for Plan Year 2025, effective January 1, 2025 (Exhibit B) 24-1093 Approved as Recommended Pass ▶ jump to 32:01
  69. 35. Approve the Salary Resolution Amendments associated with the adoption of the FY 2024-25 Budget as reflected on Appendix “A”, effective October 14, 2024 24-1095 Consent Agenda be approved Pass
  70. 36. Approve the County’s Health Premium Contribution for Plan Year 2025 for Unrepresented and Management (including Senior Management, Department Head and Elected Officials) classifications, effective December 9, 2024; and approve the Addenda to the Memorandum of Understanding (MOU) regarding County Health Premium Contribution for Plan Year 2025, effective December 9, 2024, for the following Representation Units: Representation Unit 2 - Sheriff’s and Probation Personnel, Representation Unit 3 - Mental Health Professionals & Social Workers, Representation Unit 4 - Eligibility Workers, Representation Unit 7 - California Nurses Association, Representation Unit 10 - District Attorney Investigators Association, Representation Unit 11 - Deputy Probation Officers Association, Representation Unit 12 - Clerical, Paramedical, Building & Service Employees, Representation Unit 13 - Crafts and Trades, Representation Unit 19 - Professional Employees, Representation Unit 22 - Professional, Para-Professional & Technical, Representation Unit 25 - Association of Engineering Technicians, Representation Unit 30 - Deputy District Attorneys, Representation Unit 31 - Public Defenders, Representation Unit 36 - Supervisory Employees, Representation Unit 39 - Operating Engineers, Representation Unit 43 - Computer Employees; and approve the Addenda to the Memorandum of Understanding (MOU) regarding County Health Premium Contribution for Plan Year 2025, effective December 9, 2024, for the following Representation Units: Representation Unit 1 - Law Enforcement Personnel, Representation Unit 14 - Supervisory Peace Officers, Representation Unit 35 - Sheriff’s and Correctional Lts, Representation Unit 37 - Correctional Sergeants, Representation Unit 38 - Sheriff’s Captains 24-1104 Approved as Recommended Pass ▶ jump to 34:37
  71. 68 Page Break
  72. 69 Internal Services
  73. 37. Approve and authorize the Director of Internal Services/Chief Information Officer, or their designee, to give 45 days’ written notice to Fujitsu North America to terminate Agreement No. A-21-363 effective November 22, 2024, pursuant to the Without Cause provision of the Agreement; and Approve and authorize the Director of Internal Services/Chief Information Officer, or their designee, subject to approval by County Counsel as to legal form, to execute any documents or certifications necessary to affect the termination of Agreement No. 21-363 24-1032 Consent Agenda be approved Pass
  74. 38. Approve proposed Amendment to the County of Fresno’s American Rescue Plan Act-State and Local Fiscal Recovery Funds (ARPA-SLFRF) expenditure plan, which will revise the approved scope of work for Internal Services Department’s Program No. 3 for Communication Improvements for Public Services Facilities to purchase and install a radio tower and associated equipment only for the Reedley Public Works and Planning, Road Maintenance and Operation Yard facility, instead of both Reedley and Tranquillity facilities, due to higher than anticipated construction costs, with no change in the total funding commitment of $1,500,000 24-1054 Consent Agenda be approved Pass
  75. 38.1 Adopt Resolution acknowledging the emergency nature of the fire incident at the vacant County of Fresno Nielson Property building, and ratify all Agreements, contracts, and other documents that the Chief Operating Officer/Interim Director of Internal Services/Chief Information Officer has approved and entered into for services and supplies for the remediation, site containment, structure demolition, and debris removal in response to this incident; Under Administrative Policy No. 34 for competitive bids or requests for proposals (AP 34), determine that an exception to the competitive bidding requirements under AP 34 is satisfied and a suspension of competition is warranted due to unusual or extraordinary circumstances, and that the best interests of the County would be served by entering into an Agreement with Belfor USA Group, Inc. for all agreements, contracts, and other documents for services, equipment, and supplies necessary for the remediation, site containment, structure demolition, and debris removal required due to the fire at the County of Fresno Nielson Property; and Authorize the Chief Operating Officer/ Interim Director of Internal Services/ Chief Information Officer to negotiate and execute agreements and other documents necessary for the response and services required for the vacant County of Fresno Nielson Property building and surrounding property, upon terms that the Interim Director deems necessary and, in the County’s best interest, subject to approval as to legal from County Counsel, and as to accounting by the Auditor-Controller/Treasurer-Tax Collector 24-1164 Consent Agenda be approved Pass
  76. 73 Page Break
  77. 74 Library
  78. 39. Approve and authorize the Chairman to execute a grant agreement from the California State Library for a Library Services and Technology Act Play for All Grant for The Betty Rodriguez Regional Library Play & Grow Center Project, effective upon execution of the agreement through September 30, 2025 ($51,524); authorize the County Librarian, or their designee, to sign the required Certification and Authorized Representative signature form, expenditure forms, activity reports, and any other necessary documents for the recommended grant agreement; and adopt Budget Resolution increasing FY 2024-25 appropriations and estimated revenues in the Library Grants Org 7517 in the amount of $51,524 (4/5 vote) 24-1020 Consent Agenda be approved Pass
  79. 76 Probation
  80. 40. Retroactively approve and authorize the Chief Probation Officer’s previous submittal of a grant application to the State of California Office of Traffic Safety (OTS) for the Probation Department’s 2025 Intensive Supervision of High-Risk Felony and Repeat DUI Offenders (Repeat DUI) Program ($343,000); and approve and authorize the Chairman to execute a retroactive grant agreement with OTS (Grant Number AL25022), with an electronic signature, to provide Intensive Probation Supervision for Repeat DUI Offenders for the period of October 1, 2024 through September 30, 2025 ($343,000) 24-1119 Deleted
  81. 78 Public Works and Planning
  82. 41. Approve and authorize Chairman to execute Agreement with Malaga County Water District for Wastewater Treatment Plant Screw Pump Replacement Project, Community Development Block Grant Project No. 24151, which consists of replacement of a wastewater screw pump in order to maintain current operations at wastewater treatment plant, effective upon execution through May 12, 2026, total Community Development Block Grant funding amount not to exceed $300,000; and approve and authorize Director of Public Works and Planning to evaluate and approve timeline extensions and scope modifications for completion of Project, as requested by Malaga County Water District, in compliance with Federal Community Development Block Grant Regulations, and so long as modifications do not change fundamental nature of Project 24-0901 Consent Agenda be approved Pass
  83. 42. Adopt specifications for Contract 24-06-M Road Preservation Treatments (Contract); and reject request by American Pavement Systems, Inc. (American), 1012 11th Street Suite 1000, Modesto, CA 95354, lowest bidder, who requested relief from its bid outside of statutory time frame (Public Contract Code section 5103) for such request, and authorize Director of the Department of Public Works and Planning (the “Director”) to inform American of such rejection; and authorize Director to either accept payment in amount of $6,563.75 from American which is equal to the difference between bid of American in total amount of $4,564,129.75 and bid of second lowest bidder Talley Oil, Inc. (Talley Oil), 12483 Road 29, Madera, CA 93638-8401, in total amount of $4,570,693.50 or prosecute forfeiture of a portion of American’s bid bond, $6,563.75, issued by surety Travelers Casualty and Surety Company of America, $456,412.98, for American’s failure to enter into Contract to recover difference between bid of American in total amount $6,563.75 and bid of Talley Oil, in total amount of $4,570,693.50; and award Contract to second lowest bidder, Talley Oil, in amount of $4,486,318.50 for base bid and Additives 1 through 5 24-1059 Consent Agenda be approved Pass
  84. 81 Social Services
  85. 43. Approve and authorize the Chairman to execute a retroactive revenue Agreement with the Children & Families Commission of Fresno County to contribute to and support the infrastructure and expansion of Neighborhood Resource Centers in Fresno County, effective July 1, 2024 through June 30, 2026, total not to exceed $400,000 24-0648 Consent Agenda be approved Pass
  86. 82 Page Break
  87. 44. Approve and authorize the Chairman to execute a retroactive Infrastructure Funding Agreement between the Fresno Regional Workforce Development Board and the County of Fresno Department of Social Services for the provision of workforce development services, effective July 1, 2024 through June 30, 2025, total not to exceed $16,170 24-0975 Consent Agenda be approved Pass
  88. 45. Approve and authorize the Chairman to execute an Agreement with North Star Family Center for the provision of supervised family time services, effective upon execution, not to exceed five consecutive years, which includes a three-year base contract and two optional one-year extensions, total not to exceed $4,964,351 24-0967 Consent Agenda be approved Pass