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Board of Supervisors

January 23, 2024 ·9:30 AM Final-Revised

Hall of Records

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Agenda — 101 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 0:03
  4. 4 Invocation and Pledge of Allegiance ▶ jump to 0:15
  5. 1. Approve Agenda 24-0023 approved agenda Pass ▶ jump to 4:01
  6. 2. Approve Consent Agenda - Item Numbers 20-44 24-0024 Consent Agenda be approved Pass ▶ jump to 4:18
  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 Victoria M Klassen - Social Services - 25 Years of Service 24-0022 Presented Retirement Plaque ▶ jump to 5:00
  11. 10 Chairman Magsig
  12. 4. Proclaim January 2024 as "National Human Trafficking Prevention Month" 24-0015 Approved as Recommended Pass ▶ jump to 18:03
  13. 12 Human Resources
  14. 5. Present certificates in recognition of the 2023 Fresno County Cohort participants completing the designated number of credits to receive their Executive Credentials from the California State Association of Counties (CSAC) 24-0003 presented ▶ jump to 29:29
  15. 6. Recognize the Department of Human Resources on receiving the 2023 Public Risk Innovation, Solutions, and Management’s EAGLE (Exemplary Achievement in Government Leadership and Enrichment) Award for Innovation and Excellence in the Implementation of Risk Management Programs 24-0016 held ▶ jump to 36:48
  16. 15 Administrative Office
  17. 6.1 Receive verbal presentation by the County Administrative Office and provide direction regarding Yosemite Area Regional Transportation System (YARTS) funding 24-0059 Deleted ▶ jump to 43:42
  18. 17 Page Break
  19. 18 County Clerk/Registrar of Voters
  20. 7. Make a finding that it is in the best interest of the County to waive the competitive bidding process consistent with Administrative Policy No. 34 for unusual or extraordinary circumstances for continued licensing, maintenance, and support of the Elections Information Management System; and Approve and authorize the Chairman to execute an Agreement with DFM Associates, Inc. for continued licensing, maintenance, and support of the Elections Information Management System, retroactive to July 1, 2023, not to exceed five consecutive years, which includes a three-year base contract and two optional one-year extensions, total not to exceed $913,460 Approved as Recommended ▶ jump to 65:58
  21. 19 Make a finding that it is in the best interest of the County to waive the competitive bidding process consistent with Administrative Policy No. 34 for unusual or extraordinary circumstances for continued licensing, maintenance, and support of the Elections Information Management System; and Approve and authorize the Chairman to execute an Agreement with DFM Associates, Inc. for continued licensing, maintenance, and support of the Elections Information Management System, retroactive to July 1, 2023, not to exceed five consecutive years, which includes a three-year base contract and two optional one-year extensions, total not to exceed $913,460 Approved as Recommended Pass ▶ jump to 65:58
  22. 20 Public Health
  23. 8. Receive presentation from Department of Public Health on required annual Future of Public Health funding updates Received ▶ jump to 66:17
  24. 22 Public Works and Planning
  25. 22 Page Break
  26. 9. Consider appeal of Planning Commission’s denial of Variance Application No. 4145 proposing to allow creation of a two-acre and a 14.30-acre parcel from an existing 16.30-acre parcel in AE-20 (Exclusive Agricultural, 20-acre minimum parcel size) Zone District (subject parcel is located east side of S. Fowler Avenue, 615-feet south of E. Rose Avenue, approximately 2.60 miles west from nearest city limits of City of Selma (APN: 385-031-69) (11624 S. Fowler Avenue) (Sup. Dist. 4)) Accepted Pass ▶ jump to 91:55
  27. 10. Consider Appeal of Planning Commission’s denial of Unclassified Conditional Use Permit No. 3770 proposing to allow an unmanned freestanding 100-foot-tall monopole co-locatable wireless telecommunications facility on a 3.8-acre parcel within the AE-5 (Exclusive Agricultural, five-acre minimum parcel size) Zone District; and If the Appeal is granted and the Planning Commission’s denial of Unclassified Conditional Use Permit No. 3770 is overturned: a. Adopt the Mitigated Negative Declaration prepared for Initial Study No. 8431 and approve the proposal subject to the proposed Mitigation Measures and Conditions of Approval; and b. Make the required Findings specified in Fresno County Zoning Ordinance, Section 873(f) for approval of Unclassified Conditional Use Permit No. 3770; and c. Adopt Resolution approving Unclassified Conditional Use Permit No. 3770, with Conditions of Approval and Project Notes (The subject parcel is located on the northwest corner of Boren Lane and Elwood Rd., approximately 1.70 miles north of Squaw Valley (APN: 160-420-08s) (1830 Elwood Rd.) (Sup. Dist. 5)) continued ▶ jump to 161:49
  28. 25 Board of Supervisors' Committee Reports and Comments
  29. 25 Page Break
  30. 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) 24-0025 held ▶ jump to 163:33
  31. 27 Board Appointments
  32. 10. Consider Appeal of Planning Commission’s denial of Unclassified Conditional Use Permit No. 3770 proposing to allow an unmanned freestanding 100-foot-tall monopole co-locatable wireless telecommunications facility on a 3.8-acre parcel within the AE-5 (Exclusive Agricultural, five-acre minimum parcel size) Zone District; and If the Appeal is granted and the Planning Commission’s denial of Unclassified Conditional Use Permit No. 3770 is overturned: a. Adopt the Mitigated Negative Declaration prepared for Initial Study No. 8431 and approve the proposal subject to the proposed Mitigation Measures and Conditions of Approval; and b. Make the required Findings specified in Fresno County Zoning Ordinance, Section 873(f) for approval of Unclassified Conditional Use Permit No. 3770; and c. Adopt Resolution approving Unclassified Conditional Use Permit No. 3770, with Conditions of Approval and Project Notes (The subject parcel is located on the northwest corner of Boren Lane and Elwood Rd., approximately 1.70 miles north of Squaw Valley (APN: 160-420-08s) (1830 Elwood Rd.) (Sup. Dist. 5)) denied Pass ▶ jump to 162:37
  33. 12. Receive Boards, Commissions and Committees Vacancy Report; and Appoint Applicants as necessary 24-0026 Approved Pass ▶ jump to 167:53
  34. 28 Page Break
  35. 29 Page Break
  36. 30 Public Presentations
  37. 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 24-0027 held ▶ jump to 168:10
  38. 32 Closed Session ▶ jump to 173:19
  39. 14. Conference with legal counsel - Initiation of Litigation; Government Code, section 54956.9(d)(4) (2 Cases) held ▶ jump to 174:17
  40. 15. Conference with legal counsel - Significant Exposure to Litigation; Government Code, section 54956.9(d)(2) (2 Cases) held
  41. 16. 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 held
  42. 17. Conference with legal counsel - Existing Litigation pursuant to Government Code Section 54956.9(d)(1): Jose Mora: ADJ15030556 held
  43. 18. Conference with Real Property Negotiators - Government Code, Section 54956.8; Property: Approximately 90 acres of open land located in the vicinity of Huntsman and South De Wolf Aves near Selma, CA 93662 (APNs 348-130-69ST and 348-130-71ST); County Negotiator: Robert W. Bash, Director of Internal Services/Chief Information Officer. Negotiating Parties: City of Selma, Instructions to County's negotiator may concern Property sale and lease terms and conditions including price 24-0010 held
  44. 38 Sitting as the Fresno County In-Home Supportive Services Public Authority Governing Board:
  45. 19. Sitting as the In-Home Supportive Services Public Authority Governing Board: Conference with Labor Negotiator (Government Code, section 54957.6): Agency Negotiator: Oralia Gomez; Employee Organization: SEIU-Local 2015 - Hours, Wages and Terms and Conditions of Employment 24-0037 held
  46. 40 Adjourn Adjourn the meeting Pass ▶ jump to 175:15
  47. 41 NEXT MEETINGS:
  48. 42 Page Break
  49. 42 Page Break
  50. 43 CONSENT AGENDA
  51. 44 Board of Supervisors
  52. 20. Approve minutes for January 9, 2024 24-0028 Consent Agenda be approved Pass
  53. 46 Chairman Magsig
  54. 46 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 6, 2024
  55. 20.1 Adjourn in the Memory of Karen Thompson 24-0069 Consent Agenda be approved Pass
  56. 48 Supervisor Brandau
  57. 48 CONSENT AGENDA Consent Agenda be approved Pass ▶ jump to 4:43
  58. 21. Approve community outreach expenditure of $3,000 for sponsorship of one (1) table at the Gala of Wishes, hosted by the Make-A-Wish Foundation, per Administrative Policy No. 75 24-0055 Consent Agenda be approved Pass
  59. 50 County Clerk/Registrar of Voters
  60. 22. Approve and authorize the Chairman to execute Agreement No. 23G26110 with the State of California for federal Help America Vote Act Section 101 reimbursement funds for the improvement of the administration of elections by the California Department of General Services, effective upon execution through June 30, 2025 ($60,608) Consent Agenda be approved Pass
  61. 52 District Attorney
  62. 23. Approve and authorize the Chairman to execute Amendment I to Agreement A-22-480 with Nightingale Dispute Consultants, Inc., dba Nightingale Resolutions to add the District Attorney’s Office to the Agreement for transformative and conflict training resolution services, effective upon execution with no change in the term to October 31, 2025, amending the scope of services and increasing the maximum by $39,750 to a total of $263,400 Consent Agenda be approved Pass
  63. 54 Page Break
  64. 55 Sheriff/Coroner/Public Administrator
  65. 24. Adopt Resolution accepting and expressing gratitude for the monetary donation of $18,380 from the Orange Cove Police Protection District to purchase two Vigilant License Plate Reader Policing Systems for the Sheriff’s Office during FY 2023-24; and adopt Budget Resolution increasing FY 2023-24 appropriations and estimated revenues for Sheriff-Coroner-Public Administrator Org 3111 in the amount of $18,380 (4/5 vote) Consent Agenda be approved Pass
  66. 25. Adopt Budget Resolution increasing the FY 2023-24 appropriations and estimated revenues for Sheriff-Coroner-Public Administrator Org 3111 in the amount of $100,000 for the purchase of Converted Specialty Transportation Van (4/5 vote); and adopt Budget Resolution increasing the FY 2023-24 appropriations for Special Revenue Fund Sheriff-Coroner-Public Administrator Incarcerated Persons Welfare Fund Org 1500 in the amount of $100,000 (4/5 vote) Consent Agenda be approved Pass
  67. 58 County Counsel
  68. 26. Make a finding that it is in the best interests of the County to suspend the competitive bidding process under Administrative Policy No. 34 for specialized legal services which are unique to Best, Best & Krieger, LLP and are not available from any other legal services provider; and Approve and authorize the Chairman to execute Specialized Legal Services Agreement, reengaging the law firm of Best, Best & Krieger, LLP to assist the County in the preparation of the General Plan Review and Zoning Ordinance Update and the associated Environmental Impact Report ($300,000) 24-0014 Consent Agenda be approved Pass
  69. 60 Auditor Controller-Treasurer/Tax Collector
  70. 27. Receive and file the County of Fresno Annual Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2023 Approved as Recommended Pass ▶ jump to 29:06
  71. 62 Page Break
  72. 63 Administrative Office
  73. 28. Approve and authorize the Chairman to execute a First Amendment to Subrecipient Agreement No. 22-535 with Easter Seals Central California (ESCC) for provision of American Rescue Plan Act - State and Local Fiscal Recovery Funds (ARPA-SLFRF), which will reduce the administrative burden to implement the program by revising the expenditure plan and the modification clause, with no increase to the maximum compensation; 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 ESCC Approve and authorize the Chairman to execute a First Amendment to Subrecipient Agreement No. 22-537 with Valley Caregiver Resource Center (VCRC) for provision of ARPA-SLFRF, which will reduce the administrative burden to implement the program by revising the expenditure plan and the modification clause, and clarifying the timeframe of the program, with no increase to the maximum compensation; 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 VCRC 24-0004 Consent Agenda be approved Pass
  74. 65 Behavioral Health
  75. 29. Approve and authorize the Chairman to execute Amendment I to Agreement with Kings View for Fresno Metropolitan Crisis Intervention Team Services to add mandated Medi-Cal Mobile Crisis Benefit Services, effective upon execution with no change to the term of July 1, 2023 through June 30, 2025 and increasing the maximum by $1,489,985 to a total of $6,383,391; approve and authorize the Chairman to execute Amendment I to Agreement with Kings View for Fresno Rural Crisis Intervention Team Services to add mandated Medi-Cal Mobile Crisis Benefit Services, effective upon execution with no change to the term of July 1, 2023 through June 30, 2025 and increasing the maximum by $1,437,238 to a total of $7,267,787; and, approve and authorize the Chairman to execute Amendment II to Agreement with Kings View to expand use of the County’s Health and Wellness Center to 24 hours a day, 7 days a week, 365 days a year, effective upon execution with no change to the term of January 1, 2022 through June 30, 2025 ($0) Consent Agenda be approved Pass
  76. 67 Page Break
  77. 30. Approve the Data Sharing Agreement between the County of Fresno’s Department of Behavioral Health and the California Health and Human Services Agency and authorize the Department of Behavioral Health Director, or designee, to be the signatory and act as the Fresno County representative on behalf of the Board of Supervisors to sign the electronic version of the Data Sharing Agreement (through the electronic signature portal) between the County of Fresno and the California Health and Human Services Agency, effective January 31, 2024 until terminated by either party ($0) Consent Agenda be approved Pass
  78. 69 Human Resources
  79. 31. Adopt Resolutions Rejecting Claims for Damages Consent Agenda be approved Pass
  80. 32. Approve the successor Memoranda of Understanding for the following Representation Units, represented by Service Employees International Union (SEIU) Local 521, effective January 22, 2024, through January 18, 2026: Unit 03 - Mental Health Professionals and Social Workers, Unit 04 - Eligibility Workers, Unit 12 - Clerical, Paramedical, Building and Service Employees, Unit 22 - Professional, Para-Professional, and Technical Employees, Unit 36 - Supervisory Employees, and, approve related Salary Resolution Amendments, effective January 22, 2024, as reflected on Appendix "B" Consent Agenda be approved Pass
  81. 33. Approve the successor Memorandum of Understanding for Representation Unit 13, represented by Stationary Engineers Local 39, effective January 22, 2024, through January 18, 2026; and Approve the related Salary Resolution Amendments as reflected on Appendix “C” Consent Agenda be approved Pass
  82. 34. Approve Amendment to the Salary Resolution establishing the County Communications Specialist classification series and reclassifying two (2) Administrative Analyst I/III/III/Senior/Principal allocations within the County Administrative Office, effective January 22, 2024, as reflected in Appendix “A”; and Approve Amendment to the Salary Resolution retitling the Program Administrator - Homelessness Liaison to Homelessness Program Manager, effective January 22, 2024, as reflected on Appendix “A” Consent Agenda be approved Pass
  83. 35. Approve and authorize the Chairman to execute First Amendment to Agreement A-20-057, which is an Agreement for Specialized Legal Services with Liebert Cassidy Whitmore, effective upon execution, with no change to the term of February 4, 2020, through the final optional year, ending February 3, 2025, and increasing the maximum by $150,000, to a total of $250,000 24-0013 Consent Agenda be approved Pass
  84. 75 Internal Services
  85. 36. Approve and authorize the Chairman to execute Mechanical Job Order Contracting (JOC) Agreements with a) ACCO Engineered Systems, Inc.; b) Exbon Development, Inc.; c) Mesa Energy Systems, Inc.; and d) Strategic Mechanical, Inc. for repair, remodeling, or other repetitive work to be done according to unit prices, effective upon execution, for a term of 1 year, with each agreement’s total not to exceed $2,000,000; and Approve and authorize the Director of the Internal Services Department to use annual Mechanical Job Order Contracting agreements for the implementation of the proposed projects, described in Attachment A Consent Agenda be approved Pass
  86. 37. Make a finding that is in the best interest of the County to suspend the competitive bidding process consistent with Administrative Policy No. 34 for unusual or extraordinary circumstances, to purchase new copiers for County departments and also maintain the County’s existing copiers; and Approve and authorize the Chairman to execute a retroactive Agreement with California Business Machines, Inc. for the purchase and maintenance of new and existing copiers used throughout County departments, retroactive to January 8, 2024, for an initial three-year term with two optional one-year extension, total not to exceed $6,000,000 Consent Agenda be approved Pass
  87. 38. Approve and authorize the Chairman to execute an Agreement with SHI International, Corp. for CrowdStrike cybersecurity software products and services, effective upon execution, not to exceed five consecutive years, total not to exceed $2,121,000 Consent Agenda be approved Pass
  88. 39. Make a finding that it is in the best interest of the County to suspend the competitive bid process consistent with Administrative Policy No. 34 for unusual or extraordinary circumstances for the solicitation of recruitment and performance-related software systems; and Approve and authorize the Chairman to execute a retroactive Agreement with GovernmentJobs.Com, Inc. dba NEOGOV for continued support and maintenance of various employee management software systems, retroactive to May 15, 2023, not to exceed five consecutive years, which include a two-year initial term with three optional one-year extensions, total not to exceed $3,070,378 Consent Agenda be approved Pass
  89. 80 Probation
  90. 40. Approve and authorize the Chairman to execute Third Amendment to Agreement with Turning Point of Central California, Inc., to extend the term of the existing Agreement for transitional housing beds, sustenance, and associated services to eligible offenders, by three months from February 1, 2024 to April 30, 2024, with an option to extend for one additional three-month term until July 31, 2024, with no change to the compensation maximum of $7,972,460 Consent Agenda be approved Pass
  91. 81 Page Break
  92. 82 Page Break
  93. 83 Public Health
  94. 41. Approve Amendment to the Salary Resolution deleting one Public Health Program Manager position, one Staff Analyst I/II/III position and one Program Technician I/II position and adding two Senior Staff Analyst positions and one Supervising Program Technician position to the Department of Public Health Org 5620, effective January 22, 2024, as reflected on Appendix D Consent Agenda be approved Pass
  95. 42. Approve and authorize the Chairman to execute a Memorandum of Understanding between the California Department of Social Services (CDSS) and the County of Fresno to facilitate the transfer of Mass Care and Shelter Supplies in the event of a disaster, effective upon execution by CDSS until terminated by either party ($0) Consent Agenda be approved Pass
  96. 86 Public Works and Planning
  97. 86 Page Break
  98. 43. Approve and authorize Chairman to execute Agreement with City of Mendota for Mendota Rojas Pierce Park, Phase II, Community Development Block Grant Project No. 23471, effective upon execution through July 18, 2025, and authorizing Director of Public Works and Planning to evaluate and grant timeline extensions for completion of Project, total Community Development Block Grant funding amount not to exceed $286,872 Consent Agenda be approved Pass
  99. 88 Social Services
  100. 44. Retroactively authorize the Department of Social Services’ prior submittal of a grant application in the amount of $100,000 to the California Department of Veterans Affairs for the 2024/2025/2026 Proposition 63 Funding Mental Health Outreach and Services Grant Consent Agenda be approved Pass
  101. 93 Page Break