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Board of Supervisors

September 24, 2024 ·9:30 AM Final-Revised

Hall of Records

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Agenda — 89 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 0:11
  4. 4 Invocation and Pledge of Allegiance ▶ jump to 0:22
  5. 1. Approve Agenda 24-1038 Approved as Recommended Pass ▶ jump to 9:29
  6. 2. Approve Consent Agenda - Item Numbers 20-46 24-1039 Consent Agenda be approved Pass ▶ jump to 9:47
  7. 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
  8. 7 Page Break
  9. 8 Board of Supervisors
  10. 3. Presentation of Retirement Plaque to Kristina Romans - Department of Social Services - 24 Years of Service 24-1044 Presented Retirement Plaque ▶ jump to 10:24
  11. 10 Supervisor Quintero
  12. 4. Adopt Resolutions recognizing Dr. Bob Nelson as Exceptional Parents Unlimited's Beacon of Hope recipient and recognizing the Isnardi Foundation as Exceptional Parents Unlimited's Hope Grows Here recipient 24-1025 Approved as Recommended Pass ▶ jump to 19:41
  13. 12 Supervisor Brandau
  14. 5. Conduct first hearing to amend the Ordinance Code of Fresno County, Title 15, to add Chapter 15.90, “Vacant Structures and Buildings"; waive reading of the Ordinance in its entirety and set the second hearing for October 8, 2024; Designate County Counsel to prepare a fair and adequate summary of the proposed Ordinance; and Direct the Clerk of the Board to post and publish the required summary in accordance with Government Code, Section 25124(b)(1) 24-1015 continued Pass ▶ jump to 41:25
  15. 6. Conduct first hearing to amend the Ordinance Code of Fresno County, Title 10, to add Chapter 10.31, “Graffiti Abatement”; waive reading of the Ordinance in its entirety and set the second hearing for October 8, 2024; and Designate County Counsel to prepare a fair and adequate summary of the proposed Ordinance; and Direct the Clerk of the Board to post and publish the required summary in accordance with Government Code, Section 25124(b)(1) 24-1016 continued Pass ▶ jump to 47:55
  16. 15 Page Break
  17. 16 Chairman Magsig and Administrative Office ▶ jump to 65:49
  18. 7. Discuss and provide direction regarding the Dunlap Cemetery District 24-1063 directed staff Pass ▶ jump to 48:14
  19. 17 Page Break
  20. 18 Public Works and Planning
  21. 8. Authorize Chairman to sign and send a Letter of Intent to State of California Department of Transportation, supporting proposed Officially Designated Scenic Highway status of eastern segment of State Route 180 from Trimmer Springs Road to Alta Main Canal (Post Mile 74.9 to 78.6) 24-0716 Approved as Recommended Pass ▶ jump to 83:45
  22. 9. Retroactively approve and authorize Director of Public Works and Planning’s (“Director”) previous submittal of a grant application to California Office of Traffic Safety (“OTS”) for Fresno County Safe Routes to School Action Plan for the County to conduct a school assessment study to evaluate the most critical transportation issues students face at ten selected schools located in or adjacent to unincorporated areas of Fresno County, which study will result in an Action Plan to improve safety for such students ($223,082); approve the draft form of Grant Agreement with OTS for Fresno County Safe Routes to School Action Plan, including its Certifications and Assurances (“Grant Agreement”); authorize Director, as Authorizing Official for County under Grant Agreement, to approve and execute the final form of the Grant Agreement, including such changes to draft form of Grant Agreement that Director determines to be in best interest of the County, subject to approval as to legal form by County Counsel and as to accounting form by Auditor-Controller/Treasurer-Tax Collector; and authorize following officials of Department of Public Works and Planning (“Department”) to execute Grant Agreement, and to provide Certifications and Assurances under Grant Agreement, in their respective capacities: Erin Haagenson, Program Manager, as Grant Director under Grant Agreement; and Lemuel Asprec, Financial Division Manager, as Fiscal Officer under Grant Agreement 24-0815 Approved as Recommended Pass ▶ jump to 85:47
  23. 10. Adopt and authorize Chairman to execute Resolution required by California Department of Transportation (“Caltrans”) stating County’s approval of and commitment to Western Fresno County Climate Adaptation Plan ($1,500,000), and for Fresno County Safe Routes to School Action Plan ($400,000), conditionally awarded to Department of Public Works and Planning by Caltrans under the FY 2024-25 Sustainable Transportation Planning Grant Program; and approve draft form of “Sample Agreement, Adaptation Grants (State), Restricted Grant Agreement” (“Adaptation Grants (State), Restricted Grant Agreement”) with Caltrans for County’s implementation of Western Fresno County Climate Adaptation Plan ($1,694,341); and approve draft form of the “Sample Agreement, Sustainable Communities Grants (State), Restricted Grant Agreement” (“Sustainable Communities Grants (State), Restricted Grant Agreement”) with Caltrans for County’s implementation of Safe Routes to School Action Plan ($451,824); and authorize Director of the Department of Public Works and Planning (“Director”) to approve and execute final form of the Adaptation Grants (State), Restricted Grant Agreement including such changes to the draft form of the Adaptation Grants (State), Restricted Grant Agreement that Director determines to be in best interest of County, subject to review and approval of County Counsel as to legal form and Auditor-Controller/Treasurer-Tax Collector as to accounting form, for County’s implementation of Western Fresno County Climate Adaptation Plan; and authorize Director to approve and execute final form of Sustainable Communities Grants (State), Restricted Grant Agreement including such changes to draft form of Sustainable Communities Grants (State), Restricted Grant Agreement that Director determines to be in best interest of County, subject to review and approval of County Counsel as to legal form and Auditor-Controller/Treasurer-Tax Collector as to accounting form, for County’s implementation of Safe Routes to School Action Plan 24-0903 Approved as Recommended Pass ▶ jump to 88:15
  24. 11. Consider and adopt the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program prepared for Amendment Application No. 3852 based on Initial Study No. 8337; and Find that the proposed rezone of the subject one-acre parcel from the existing AL-20 (Limited Agricultural, 20-acre minimum parcel size) Zone District to an M-1 (c) (Light Manufacturing, Conditional) Zone District with limited industrial uses is consistent with the County’s General Plan and County-Adopted Roosevelt Community Plan; and Approve Variance Application No. 4170 to allow a five-foot side yard setback (15-foot required) to accommodate proposed development on the subject parcel with Conditions of Approval contained within the Staff Report to the Planning Commission; and Approve Site Plan Review No. 8299 for proposed development; and Adopt an Ordinance pertaining to Amendment Application No. 3852 thereby rezoning the subject one-acre site from the AL-20 (Limited Agricultural, 20-acre minimum parcel size) Zone District to an M-1 (c) (Light Manufacturing, Conditional) Zone District; and Designate County Counsel to prepare a fair and adequate summary of the proposed Ordinance and direct the Clerk of the Board to post and publish the required summary in accordance with Government Code, Section 25124(b)(1) (The subject parcel is located on the southwest corner of East North Avenue and South Chestnut Avenue approximately 1,285 feet south of the nearest City of Fresno boundary (APN: 330-050-03) (3035 S. Chestnut Avenue) (Sup. Dist. 3)) 24-0848 Approved as revised Pass ▶ jump to 94:25
  25. 23 Board of Supervisors' Committee Reports and Comments
  26. 23 Page Break
  27. 12. 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) 24-1040 held ▶ jump to 94:43
  28. 25 Board Appointments
  29. 13. Receive Boards, Commissions and Committees Vacancy Report; and Appoint Applicants as necessary 24-1041 Approved as Recommended Pass ▶ jump to 95:46
  30. 27 Public Presentations
  31. 14. 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 24-1042 held ▶ jump to 95:47
  32. 30 Closed Session ▶ jump to 96:03
  33. 15. 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 24-0962 held
  34. 16. Conference with legal counsel - Existing Litigation - Government Code, section 54956.9(d)(1) - County of Fresno v. Fred Adams, et al., Fresno County Superior Court Case No. 21CECG01166 24-1029 held
  35. 17. Conference with legal counsel - Existing Litigation pursuant to Government Code section 54956.9(d)(1) - Farshad Oreizi v. County of Fresno et al., Fresno County Superior Court Case No. 18CECG00823 24-1030 held
  36. 18. Conference with legal counsel - Initiation of Litigation; Government Code, section 54956.9(d)(4) (2 Cases) 24-1075 held
  37. 19. Conference with legal counsel - Significant Exposure to Litigation; Government Code, section 54956.9(d)(2) (2 Cases) 24-1076 held
  38. 35 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 8, 2024
  39. 36 Adjourn Adjourn the meeting following closed session Pass ▶ jump to 96:46
  40. 37 NEXT MEETINGS:
  41. 37 CONSENT AGENDA Consent Agenda be approved Pass
  42. 38 Page Break
  43. 39 CONSENT AGENDA
  44. 40 Board of Supervisors
  45. 20. Approve minutes for September 10, 2024, and approve minutes for September 16, 2024, Budget Hearing 24-1043 Consent Agenda be approved Pass
  46. 20.1 Rescind the appointment of Chad Stokes to the Civil Service Commission due to ineligibility 24-1097 Consent Agenda be approved Pass
  47. 43 Supervisor Mendes
  48. 21. Approve Certificate of Recognition honoring the 100th Anniversary of the Selma Rotary Club 24-1012 Consent Agenda be approved Pass
  49. 45 Supervisor Brandau and Supervisor Quintero
  50. 45 Page Break
  51. 21.1 Adopt Resolution recognizing the Alluvial Avenue undercrossing at Highway 41 as the "Ambassador Phillip V. Sanchez Memorial Bridge" 24-1084 Consent Agenda be approved Pass
  52. 47 Auditor Controller-Treasurer/Tax Collector
  53. 22. Adopt Resolution establishing tax rates, and levying taxes on the secured roll at the countywide rate of 1%, and taxes for voter approved indebtedness, ad valorem taxes for revenue districts, and unitary taxes in Fresno County for the FY 2024-25 24-0937 Consent Agenda be approved Pass
  54. 49 District Attorney
  55. 23. Authorize a waiver of the 960 hours per calendar year 2024 maximum hours limitation for the Extra-Help position(s) listed on Attachment A, pursuant to the provisions set forth in Salary Resolution, section 1100 and Personnel Rules 2040 and 4240 24-0905 Consent Agenda be approved Pass
  56. 24. 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 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) 24-0933 Deleted
  57. 52 Sheriff/Coroner/Public Administrator
  58. 25. Accept annual report of expenditures from the Incarcerated Person’s Welfare Trust Fund for FY 2023-24 24-0927 Consent Agenda be approved Pass
  59. 53 Page Break
  60. 26. Approve and authorize the Chairman to execute Amendment XI to Agreement with California Forensic Medical Group, Incorporated (CFMG) for Jail medical and behavioral health care services for the Sheriff-Coroner-Public Administrator’s Office detention facilities, extending the term by two months and three days, commencing on October 1, 2024, to December 3, 2024, and increasing the maximum by $6,650,001, to a total of $190,196,899 24-1023 Consent Agenda be approved Pass
  61. 55 Administrative Office
  62. 27. Adopt Resolution proclaiming continuation of the local emergency status relating to the Winter Storms and request that the Governor continue to provide resources and support to recover from this event 24-0948 Consent Agenda be approved Pass
  63. 28. Adopt Resolution proclaiming continuation of the local emergency status relating to the February 2023 Winter Storms and request that the Governor provide resources and support to mitigate and recover from the event 24-0949 Consent Agenda be approved Pass
  64. 29. Adopt Resolution proclaiming continuation of the local emergency status relating to the extremely high levels of tree mortality and hazardous conditions created by the drought and request that the Governor continue to provide resources and support to mitigate risk of falling trees and increased fire hazard 24-0950 Consent Agenda be approved Pass
  65. 30. Under Administrative Policy No. 34 for competitive bids or requests for proposals (AP 34) determine that an exception to the competitive bidding requirement 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 The Economic Development Corporation Serving Fresno County (EDC) as EDC is the only vendor suited, equipped, and authorized to promote and market the resources and economy of Fresno County; and approve and authorize the Chairman to execute a retroactive Agreement with EDC to promote and market the resources and economy of Fresno County, effective July 1, 2024 through June 30, 2025 ($100,000) 24-1011 Consent Agenda be approved Pass
  66. 60 Behavioral Health
  67. 31. Approve and authorize the Director of the Department of Behavioral Health, or designee, to execute Master County to County Short-Term Residential Therapeutic Program (STRTP) Agreement in the same form upon execution by another county for STRTP placement and specialty mental health services (SMHS) effective upon execution through June 30, 2027, with two optional one-year extensions, total not to exceed $15,000,000; Authorize the Director of the Department of Behavioral Health, or designee, to add Counties through their Mental Health Plans (MHP) and to remove Counties through their MHPs from the Master Agreement upon execution of the Master Agreement by other Counties; and Waive the policy in the County Purchasing Manual that allows only the Board of Supervisors to approve agreements with other governmental entities and authorize the Director of the Department of Behavioral Health, or designee, through the Purchasing Agent, to sign single case Letters of Agreement (LOA) and Admission Agreements (Exhibit C to the Master Agreement) with other county Mental Health Plans (MHP) to meet legal mandates and timeliness requirements of AB 1051 shifting responsibility to the County of Jurisdiction for payment, not to exceed $50,000 per LOA 24-0969 Consent Agenda be approved Pass
  68. 62 Page Break
  69. 62 Page Break
  70. 63 Internal Services
  71. 32. Approve and authorize the Chairman to execute Amendment No. 2 to Lease Agreement No. 22-059 with Heritage Centre, LLC, to revise the scope of work for additional tenant improvements, effective upon execution with no change to the term of March 1, 2022 through February 29, 2032, and increasing the maximum compensation by $4,500,000 for a total of $49,271,212 24-0869 Consent Agenda be approved Pass
  72. 33. Approve and authorize the Chairman to execute an Agreement with Carahsoft Technology Corp. for a service management system, effective October 1, 2024, not to exceed four consecutive years, which includes a two-year base contract and two optional one-year extensions, total not to exceed $2,892,000 24-0968 Consent Agenda be approved Pass
  73. 34. Approve and authorize the Chairman to execute an Agreement with Secure-Centric, Inc. for ProofPoint software products and services, effective October 1, 2024, for a three-year term, total not to exceed $965,913 24-0989 Consent Agenda be approved Pass
  74. 68 Probation
  75. 35. Approve and authorize the Chairman to execute the retroactive Memorandum of Understanding with the Superior Court of California, County of Fresno (Court), to expand the Probation Department’s Pretrial Services Program effective July 1, 2024 for a standard term of three years with two optional one-year extensions, total possible revenue to the County not to exceed $8,935,925; and authorize the Chief Probation Officer, or designee, to accept any additional funding allocation from the Court 24-0485 Consent Agenda be approved Pass
  76. 36. Retroactively approve and authorize the Chief Probation Officer’s previous submittal of a grant application to the State of California Office of Traffic Safety for the Probation Department’s 2025 Intensive Supervision of High-Risk Felony and Repeat DUI Offenders Program ($343,000); and approve and authorize the Chairman to execute a Grant Agreement with the State of California Office of Traffic Safety (Grant Number AL25022), with an electronic signature, to provide Intensive Probation Supervision for High-Risk Felony and Repeat DUI Offenders for the period of October 1, 2024 through September 30, 2025 ($343,000) 24-0796 Deleted
  77. 71 Public Health
  78. 37. Approve and authorize the Chairman to execute the Substitution of Data Use Agreement with Michigan Public Health Institute, to allow for the substitution of County’s current Data Use Agreement with Michigan Public Health Institute for the participation in the National Fatality Review Case Reporting System with California Department of Public Health’s Data Use Agreement; and approve and authorize the Chairman to execute a Data Use Agreement with California Department of Public Health, to participate in the National Fatality Review Case Reporting System, effective upon execution until terminated by either party ($0) 24-0893 Consent Agenda be approved Pass
  79. 38. Approve and authorize the Chairman to execute a retroactive revenue Agreement and related certifications with the California Department of Public Health for the Human Immunodeficiency Virus Surveillance Program, effective July 1, 2024 through June 30, 2029 ($479,950); and Approve and authorize the Director of the Department of Public Health to execute the Contractor’s Release Form for submission with the final invoice 24-0913 Consent Agenda be approved Pass
  80. 75 Public Works and Planning
  81. 39. Approve and authorize Chairman to execute a Non-Disclosure Agreement with Pacific Gas and Electric Company for sharing of gas and electric facility maps, effective upon execution, not to exceed three consecutive years pursuant to and in accordance with requirements set forth in this Non-Disclosure Agreement ($0) 24-0799 Consent Agenda be approved Pass
  82. 40. Approve and authorize the Chairman to execute First Amendment to Agreement No. 23-673 with Carahsoft Technology Corporation, for OpenGov, Inc.’s Cartegraph Cloud-Based Enterprise Asset Management Platform, through the NASPO Cooperative Agreement, effective upon execution, with no change to the potential five-year term, which includes a two-year base period and three optional one-year extensions, and a change to the maximum compensation payable under the Agreement of $1,626,437 24-0873 Consent Agenda be approved Pass
  83. 41. Pass and authorize Chairman to execute a Resolution of Intention to grant a franchise, up to 25 years, on a non-exclusive basis (“non-exclusive franchise”), by ordinance, to Toro Energy of California AA, LLC, (also referred to as Toro Energy), upon annual payment of a franchise fee to County, to construct, maintain and use pipes and appurtenances for transmitting derived gas from Toro Energy’s landfill-gas-to-energy project (“LFGTE project”) at County’s American Avenue Disposal Site (“AADS”) for any and all purposes, as allowed by a County-approved conditional use permit and/or road permit condition, from LFGTE project at AADS at 18950 W. American Avenue, Kerman, in, along, across, upon, and under following public streets and highways within unincorporated area of Fresno County: from County’s AADS, eastward on W. American Avenue for approximately 4 miles, and then southward on S. Madera Avenue for approximately 4 miles, to a PG&E connection location approximately a half of a mile north of W. Manning Avenue, just east of S. Madera Avenue/SR 145, Kerman; and set October 22, 2024, at 9:30 a.m. or as soon thereafter as may be heard for public protest hearing, as required by Public Utilities Code Section 6232, for Board to hear and pass upon on any protest, including any objections, made against granting of non-exclusive franchise, and, for Board’s first reading of proposed ordinance that would grant non-exclusive franchise, with Board’s second reading of proposed ordinance expected to follow on December 3, 2024, at 9:30 am or as soon thereafter as may be heard; and further reading of proposed ordinance expected to be waived at time of its introduction and passage; and direct Clerk of the Board to publish notice of public protest hearing in a newspaper of general circulation within County, at least once within fifteen (15) days after passage of Resolution 24-0046 Consent Agenda be approved Pass
  84. 42. Adopt plans and specifications for Contract 24-S-04 Reedley Radio Tower and Equipment Shelter and award to the lowest bidder Katch Environmental, Inc. dba Katch General, 929 L St., Fresno, CA, 93721, in the total amount of $2,326,683 24-0813 Consent Agenda be approved Pass
  85. 43. Approve and authorize Chairman to execute an Agreement with F-N-F Roll-Off Service, Inc. for roll off bin rental services including delivery, pick up, and disposal of surplus green waste and general refuse generated by the Department of Public Works and Planning - Parks & Grounds, effective September 24, 2024 not to exceed five consecutive years, which includes a three-year base contract and two optional one-year extensions, total not to exceed $525,000 24-0839 Consent Agenda be approved Pass
  86. 44. Approve and authorize Chairman to execute a License Agreement with Fresno County Disc Golf (FCDG), for construction, installation, and maintenance of an 18-hole disc golf course at Lost Lake Park and provide maintenance to two (2) previously installed courses at Kearney Park, effective upon execution, not to exceed five (5) consecutive years, which includes a three-year base contract and two (2) optional one-year renewals; and authorize Director of the Department of Public Works and Planning or designee to sign written approval to extend agreement on behalf of County 24-0914 Consent Agenda be approved Pass
  87. 82 Social Services
  88. 45. Approve and authorize the Chairman to execute Amendment II to Agreement with Comprehensive Youth Services of Fresno, Inc. for Supervised Visitation Services, extending the term by six months, which includes a three-month base term and three optional one-month extensions, from October 1, 2024, through March 31, 2025, and increasing the maximum by $269,911 to a total of $5,714,047 24-0972 Consent Agenda be approved Pass
  89. 46. Approve and authorize the Chairman to execute a memorandum of understanding with Foundation for California Community Colleges, for collaboration related to services for the CalFresh Employment and Training program, not to exceed three consecutive years, including a one-year base contract with two optional one-year extensions 24-0978 Consent Agenda be approved Pass