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Board of Supervisors

February 6, 2024 ·9:30 AM Final-Revised

Hall of Records

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 64 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 24-0079 approved agenda Pass ▶ jump to 3:38
  6. 2. Approve Consent Agenda - Item Numbers 17-29 24-0080 Consent Agenda be approved Pass ▶ jump to 3:51
  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 Supervisor Quintero
  10. 3. Proclaim February as Teen Dating Violence Awareness Month 24-0068 Approved as Recommended Pass ▶ jump to 15:45
  11. 10 Sheriff/Coroner/Public Administrator ▶ jump to 20:15
  12. 4. Adopt and authorize Chairman to execute resolution making determinations regarding military equipment use required by Government Code § 7071(d); conduct first hearing on a proposed Ordinance to amend Chapter 10.66, “Military Equipment Use Policy" to Title 10 Public Peace, Morals and Welfare of the Ordinance Code of the County of Fresno, waive reading of the Ordinance in its entirety, and set second hearing for February 20, 2024; designate County Counsel to prepare a fair and adequate summary of the proposed Ordinance; direct the Clerk of the Board to post and publish the required Ordinance summary in accordance with Government Code, Section 25124(b)(1); adopt Budget Resolution increasing FY 2023-24 appropriations and estimated revenues for the Sheriff-Coroner-Public Administrator’s Org 31116313 in the amount of $126,303 for the purchase of drones for the Sheriff’s Office (4/5 vote); and adopt Budget Resolution increasing the FY 2023-24 appropriations in the Sheriff’s Federal Asset Forfeiture Treasury Fund 0095, Subclass 17665, Org 1466 in the amount of $126,303 (4/5 vote) Approved as Recommended Pass ▶ jump to 18:47
  13. 12 Administrative Office
  14. 5. Adopt recommended changes to the Fresno County Federal Legislative Platform; authorize the Chairman to execute letters of support, or opposition, in accordance with the Platform; authorize the County Administrative Office to work with the County’s Federal Congressional Delegation, federal advocates, and/or other necessary parties to support or oppose legislation in accordance with the Platform; and receive presentation from Federal lobbyists Carpi & Clay regarding legislative actions 24-0042 Approved Pass ▶ jump to 34:20
  15. 7. Discuss representation on the Urban Counties of California (UCC) coalition and authorize the Chairman to appoint a Board member and one or two alternates to serve as a member of the 2024-25 UCC Board of Directors 24-0087 Approved Pass ▶ jump to 43:32
  16. 6. 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 Loma Vista Prather Corp., to be used at 29636 Auberry Road, Prather, CA 93651 24-0048 Approved Pass ▶ jump to 39:02
  17. 7. Discuss representation on the Urban Counties of California (UCC) coalition and authorize the Chairman to appoint a Board member and one or two alternates to serve as a member of the 2024-25 UCC Board of Directors 24-0087
  18. 16 Page Break
  19. 17 Social Services
  20. 8. Adopt resolution to appoint the Board of Supervisors to serve as the governing body of Fresno County’s Transitional Shelter Care Facility; accept the Publication 326, Facts You Need to Know, Group Home Board of Directors; delegate the Director of Social Services to serve as the Executive Director for the Transitional Shelter Care Facility to maintain ongoing operations of the facility; and approve and authorize the Executive Director to sign the Board of Director’s Statement (LIC 9165) as designee of the Board of Supervisors; approve and authorize the policies and procedures governing the operation of the County’s Transitional Shelter Care Facility; approve and authorize the County’s Transitional Shelter Care Facility’s emergency intervention plan; approve the written statement that describes the duties delegated to the administrator; approve and authorize the County’s Transitional Shelter Care Facility’s operating budget; and approve and authorize the Chairman to execute the Essential Terms Agreement with the California Department of Social Services for a licensed Transitional Shelter Care Facility 24-0033 Approved as Recommended Pass ▶ jump to 47:44
  21. 9. Approve Amendment to the Salary Resolution deleting one vacant Job Specialist position and adding twenty-one positions to the Department of Social Services Org 5610, effective February 19, 2024 as reflected in Appendix D; and Authorize the County Administrative Officer to delete like-funded positions as deemed necessary if there is a reduction in State or Federal funding that impacts ability to sustain the positions as reflected in Appendix D Approved as Recommended Pass ▶ jump to 58:51
  22. 20 Board of Supervisors' Committee Reports and Comments
  23. 20 Page Break
  24. 10. 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) 24-0081 held ▶ jump to 59:07
  25. 22 Page Break
  26. 23 Board Appointments
  27. 11. Receive Boards, Commissions and Committees Vacancy Report; and Appoint Applicants as necessary 24-0082 Approved as Recommended Pass ▶ jump to 74:59
  28. 25 Public Presentations
  29. 12. 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 24-0083 held ▶ jump to 75:11
  30. 27 Closed Session ▶ jump to 75:27
  31. 13. Conference with legal counsel - Initiation of Litigation; Government Code, section 54956.9(d)(4) (2 Cases) held
  32. 14. Conference with legal counsel - Significant Exposure to Litigation; Government Code, section 54956.9(d)(2) (2 Cases) held
  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 24-0011 held
  34. 16. Conference with legal counsel - Existing Litigation pursuant to Government Code Section 54956.9(d)(1): Robert McEwen: ADJ11279460 24-0064 held
  35. 32 Adjourn Adjourn the meeting following closed session Pass ▶ jump to 75:49
  36. 32 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 FEBRUARY 20, 2024
  37. 33 NEXT MEETINGS:
  38. 33 Page Break
  39. 34 Page Break
  40. 34 CONSENT AGENDA Consent Agenda be approved Pass ▶ jump to 4:38
  41. 35 (Any Board Member may pull any consent item for discussion or separate vote)
  42. 36 Board of Supervisors
  43. 17. Approve minutes for January 23, 2024 24-0084 Consent Agenda be approved Pass
  44. 38 Administrative Office
  45. 18. 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 Consent Agenda be approved Pass
  46. 19. 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 Consent Agenda be approved Pass
  47. 20. 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 Consent Agenda be approved Pass
  48. 21. Approve proposed amendment to the County of Fresno’s American Rescue Plan Act - State Local Fiscal Recovery Fund (ARPA-SLFRF) expenditure plan, approved by the Board on February 1, 2022, amending the scope of work for the earmarked project proposed by Calwa Recreation and Park District (Subrecipient) from Community Center Improvements including connectivity under ARPA-SLFRF Categories A and D, to instead fund capital improvements to reopen the Calwa Community Pool under ARPA-SLFRF Category A; and Approve and authorize the Chairman to execute First Amendment to Subrecipient Agreement No. 22-128 with the Subrecipient for the provision of ARPA-SLFRF, which will revise the expenditure plan, update the modification and hold harmless clauses, and will increase the maximum compensation by $400,000, to a total not to exceed $675,000; 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 compensation payable to Subrecipient, and which do not result in any change to the maximum compensation amount payable to Subrecipient 24-0067 Consent Agenda be approved Pass
  49. 43 Behavioral Health
  50. 22. Approve and authorize the Chairman to execute a Participation Agreement with the California Mental Health Services Authority for Interoperability Solution services, effective February 6, 2024 through December 31, 2026, total not to exceed $581,013; and approve and authorize the Chairman to execute a Participation Agreement with the California Mental Health Services Authority for Data Archive Solution, effective February 6, 2024 through December 31, 2026, total not to exceed $58,704 Consent Agenda be approved Pass
  51. 45 Page Break
  52. 46 Human Resources
  53. 46 Page Break
  54. 23. Approve amendments to Department Conflict of Interest Codes, on file with the Clerk of the Board of Supervisors, to become effective February 6, 2024 24-0030 Consent Agenda be approved Pass
  55. 24. Approve and authorize Chairman to execute Agreement to Defend Public Officers or Employees for; Devon Kubota, Correctional Officer; Sheriff's Department; Nathaniel Myers v County of Fresno, et al. Consent Agenda be approved Pass
  56. 25. Approve the corrections to the Memoranda of Understanding for Representation Units 3, 4, 12, 13, 19, 22, 31, 36, 39, and 43 24-0105 Consent Agenda be approved Pass
  57. 50 Probation
  58. 26. Approve Amendment to the Salary Resolution adding 13 positions and increasing allocations in Probation Org 3430, effective February 5, 2024, as reflected in Appendix C; and approve Amendment to the Salary Resolution deleting 2 vacant positions from Probation Org 3430, effective February 5, 2024, as reflected in Appendix C; and approve Amendment to the Salary Resolution deleting 11 vacant positions from Probation Org 3440, effective February 5, 2024, as reflected in Appendix C 24-0017 Consent Agenda be approved Pass
  59. 52 Public Health
  60. 27. Approve and authorize the Chairman to execute a Lease Agreement with State Center Community College District for approximately 6,720 square feet of office space located at 1171 Fulton Street, Fresno, CA 93721, effective upon execution; not to exceed one year, which includes a six-month initial term with an optional six-month extension, total not to exceed $133,056 24-0020 Consent Agenda be approved Pass
  61. 53 Page Break
  62. 54 Public Works and Planning
  63. 28. Authorize Chairman to execute consent to the assignment of Exclusive Service Area Program Agreement No. 17-565 with Granite Solid Waste to Mid Valley Disposal; and authorize Chairman to execute consent to the assignment of Shaver Lake Transfer Station Agreement No. 10-390 with Granite Solid Waste to Mid Valley Disposal Approved as Recommended Pass ▶ jump to 18:28
  64. 29. Adopt specifications for Contract Nos. 23-19-J, 23-20-J, 23-21-J, 23-22-J, and 23-25-J Class A (General Engineering) Job Order Contracts; and find that Papich Construction, 398 Sunrise Terrace, Arroyo Grande, CA 93420, is lowest bidder for Contract No. 23-19-J, and that deviation from strict bidding requirements is immaterial and is hereby waived, at the discretion of the Board and in furtherance of best interests of the County; and award Contract No. 23-20-J to bidder with second lowest bid, Avison Construction, 40434 Brickyard Dr., Madera, CA 93636, total not to exceed $5,797,725; and award Contract No. 23-21-J to bidder with third lowest bid, Terra West Construction, 1030 Gettysburg Avenue, Suite 107 Clovis, CA 93612, total not to exceed $5,797,725; and award Contract No. 23-22-J to bidder with fourth lowest bid, Yarbs Grading and Paving, 11339 S. Peach Avenue, Fresno CA 93725, total not to exceed $5,797,725; and find that Teichert Construction, 400 Sunrise Avenue, Suite 300, Roseville, CA 93661, is fifth lowest bidder for Contract No. 23-25-J, and that deviation from strict bidding requirements is immaterial and is hereby waived, at the discretion of the Board and in furtherance of best interests of County; and adopt specifications for Contract Nos. 23-J-05, 23-J-06, 23-J-07, and 23-J-08 Class B (General Building) Job Order Contracts; and award Contract No. 23-J-05 to bidder with lowest bid, Exbon Development, 13831 Newhope Street, Garden Grove, CA 92843, total not to exceed $5,797,725; and award Contract No. 23-J-06 to bidder with second lowest bid, Puma Construction, 4387 W Santa Ana, Fresno, CA 93722, total not to exceed $5,797,725; and award Contract No. 23-J-07 to bidder with third lowest bid, Durham Construction, 1025 Holland Avenue, Clovis, CA 93612, total not to exceed $5,797,725; and award Contract No. 23-J-08 to bidder with fourth lowest bid, Heritage General, 5431 E Atchison Street, Fresno, CA 93727, total not to exceed $5,797,725 Consent Agenda be approved Pass