Board of Supervisors
Hall of Records
Agenda — 89 items
- 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 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 Roll Call
- 4 Invocation and Pledge of Allegiance
- 1. Designation of Officers and Remarks by Board Members
- 2. Approve Agenda
- 3. Approve Consent Agenda - Item Numbers 17-47
- 8 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 Board of Supervisors
- 4. Approve the Chairman’s 2024 Appointments of Board Members to various Boards, Commissions and Committees as presented in Exhibit A; adopt California Form 806 - Agency Report of Public Official Appointments as presented in Exhibit B, and direct the Clerk of the Board to post on the County’s internet website
- 11 County Clerk/Registrar of Voters
- 5. Receive verbal presentation by the Fresno County Clerk/Registrar of Voters regarding the Special Vacancy Election in Congressional District 20
- 13 Sheriff/Coroner/Public Administrator
- 6. Approve and authorize the Chairman to execute a third amendment to License Agreement D-21-021, between the Sheriff’s Office and the Sheriff’s Foundation for Public Safety, for the Sheriff’s Office’s use of the shooting range and training facilities, located at 7633 North Weber Avenue in Fresno, which will extend the License Agreement’s term through January 10, 2026, with total rent payments not to exceed $305,808
- 15 Page Break
- 15 Page Break
- 16 Administrative Office
- 7. 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 Saif 1 Inc., to be used at the River Market at 21007 S. Fowler Avenue, Laton, CA 93242
- 18 Board of Supervisors' Committee Reports and Comments
- 8. 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)
- 20 Board Appointments
- 9. Receive Boards, Commissions and Committees Vacancy Report; and Appoint Applicants as necessary
- 22 Public Presentations
- 10. 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 Closed Session
- 11. Conference with legal counsel - Existing Litigation pursuant to Government Code Section 54956.9(d)(1): Troy Paul: ADJ13207959
- 12. Conference with legal counsel - Initiation of Litigation; Government Code, section 54956.9(d)(4) (2 Cases)
- 13. Conference with legal counsel - Significant Exposure to Litigation; Government Code, section 54956.9(d)(2) (2 Cases)
- 14. Conference with legal counsel - Existing Litigation - Government Code, section 54956.9(d)(1) - County of Fresno v. Faraz Gill, Fresno County Superior Court Case No. 21CECG02474
- 15. Conference with legal counsel - Existing Litigation - Government Code, section 54956.9(d)(1) - Kevin Kester, et al. v. County of Fresno et al., San Luis Obispo County Superior Court Case No. 19CVP-0101
- 29 Page Break
- 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
- 31 Adjourn
- 31 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 JANUARY 23, 2024
- 32 NEXT MEETINGS:
- 33 Page Break
- 33 CONSENT AGENDA
- 34 CONSENT AGENDA
- 35 Board of Supervisors
- 17. Approve minutes for December 12, 2023
- 37 Supervisor Pacheco and Supervisor Quintero
- 18. Adopt a Resolution Honoring the Life of Sally Caglia
- 39 Supervisor Quintero
- 19. Adjourn in Memory of Sally Caglia
- 41 Auditor Controller-Treasurer/Tax Collector
- 20. Adopt resolution authorizing the Big Creek Community Services District (the “District”) to replace its annual audit with an annual financial review. A unanimous vote is required under Government Code, § 26909, subdivision (c)
- 21. Approve and authorize the Chairman to execute Agreement with KNN Public Finance, LLC (KNN) to provide professional municipal advisory services, as requested and to act as the Municipal Advisor for the County’s Tax and Revenue Anticipation Notes (TRAN), if any, effective January 14, 2024, through January 13, 2027, with two one-year renewal options through January 13, 2029, not to exceed $530,914
- 44 County Clerk/Registrar of Voters
- 22. Adopt a Resolution approving election consolidation requests filed by the City of Fresno, City of Orange Cove, and Fowler Unified School District for the March 5, 2024 Presidential Primary Election
- 46 District Attorney
- 23. Authorize a waiver of the 28 hours per week maximum hours limitation for the Extra-Help position listed on Attachment A in the District Attorney’s Office, pursuant to the provisions set forth in the Salary Resolution, section 1100 and Personnel Rules 2040 and 4240
- 48 Sheriff/Coroner/Public Administrator
- 24. Approve and authorize the Chairman to execute a Master Agreement that will amend, restate, replace, and supersede Purchasing Agreement P-23-070 with Forensic Medicine & Pathology (Thomas L. Bennett, MD) and Board Agreement No. 22-562 with Dr. Christopher Bradley Happy, for Coroner services for the Sheriff-Coroner-Public Administrator’s Office and District Attorney’s Office, effective January 9, 2024, not to exceed five consecutive years, which includes a three-year base contract and two optional one-year extensions, total not to exceed $2,000,000
- 25. Approve and authorize the Chairman to execute a retroactive OHV Grant Award/Project Agreement with the State of California Department of Parks and Recreation for the period of September 7, 2023, through September 6, 2024 ($100,910); adopt Budget Resolution increasing the FY 2023-24 appropriations and estimated revenues in the Sheriff-Coroner-Public Administrator’s Org 3111 in the amount of $9,532 (4/5 vote); and approve and authorize the Clerk of the Board to execute Budget Transfer No. 3 ($35,000) transferring appropriations within the Sheriff-Coroner-Public Administrator’s Org 3111, from Account 7205 (Maintenance-Equipment), 7415 (Trans, Travel & Education), and Account 7025 (Clothing & Personal Supplies), to Account 8300 (Equipment) for the purchase of one off-road vehicle
- 51 Administrative Office
- 26. Approve and authorize the Chairman to execute Subrecipient Agreement for American Rescue Plan Act - State Local Fiscal Recovery Funds (ARPA-SLFRF) with the Central California Food Bank (Subrecipient) in the amount of $202,000, for the purchase of a refrigerated box truck and food storage supplies and equipment that will be used in its Member Partner Truck Loan Pilot Program, and will help the Subrecipient’s efforts to address food insecurity by increasing food storage and distribution capacity in rural Fresno County communities through its Rural School Pantry and Child Nutrition Initiatives programs; and Authorize the County Administrative Officer, or designee to approve and execute written changes to line 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 the Subrecipient
- 53 Agriculture
- 27. Conduct second hearing to amend the Fresno County Master Schedule of Fees, Charges and Recovered Costs Ordinance by amending subsection 3305 of Section 3300-Agriculture (Weights & Measures) and waive reading of the Ordinance in its entirety
- 28. Approve and authorize the Chairman to execute First Amendment to the Glassy-Winged Sharpshooter (GWSS) Program - Areawide Revenue Agreement with the California Department of Food and Agriculture, effective upon execution with no change to the term of July 1, 2022, through June 30, 2024, and increasing the maximum by $180,000 to a total of $827,943
- 56 Behavioral Health
- 29. Approve and authorize Chairman to execute a Repayment Agreement with Comprehensive Addiction Programs, Inc. for the recoupment of funds paid for substance use disorder recovery housing, residential and withdrawal management treatment services found to be out of compliance between July 1, 2014 and August 16, 2019, effective October 1, 2024 through April 1, 2027, which includes one optional six-month extension, total not to exceed $538,413
- 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 Regents of the University of California, Davis as it is a government agency with the unique research of California’s health disparities and experience in collaboration with county Innovation programs; and approve and authorize the Chairman to execute an Agreement with the Regents of the University of California, Davis for evaluation services for the Handle With Care Plus Innovation pilot program, effective upon execution through June 30, 2024, total not to exceed $185,000
- 31. Approve and authorize the Chairman to execute a retroactive Participation Agreement with the California Mental Health Services Authority for Statewide Prevention and Early Intervention Program, effective July 1, 2023 through June 30, 2024, total not to exceed $342,413; and Approve 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 on associated California Mental Health Services Authority Statewide Prevention and Early Intervention related reports and forms, without modifying the maximum compensation
- 32. Approve and authorize the Chairman to execute Amendment No. 2 to Master Agreement to add La Familia Therapy Services, Inc. and Ka Bao Vang, with no change to the term of July 1, 2020 through June 30, 2024, or maximum compensation of $22,741,629
- 33. Approve and authorize the Chairman to execute the Certificate of Non-Application of Relocation Benefits and the Indemnification Agreement, for Loan No. 18-NPLH-12658 by the County of Fresno, the Housing Authority of the City of Fresno, and The Villages at Paragon, LP, for the benefit of the Department of Housing and Community Development
- 61 Page Break
- 62 Page Break
- 63 Internal Services
- 34. Approve and authorize the Chairman to execute First Amendment to a Master agreement with multiple contractors for pest control services for properties owned, occupied, leased or otherwise operated by the County, increasing the maximum compensation by $100,000 to a total of $800,000, with no change to the potential five-year term of May 20, 2019 through May 19, 2024
- 35. Approve and authorize the Chairman to execute Amendment No. 1 to Lease Agreement No. 19-303 with Lubisich Bros. Investments, LLC., to extend the termination date of a third-party lease of office space and parking, identified in the Lease Agreement as “Physician’s Lease,” from January 31, 2024 up to July 29, 2024, with no change to the County’s rental rate through the termination of the Physician’s Lease, and no change to the 20-year term; Approve and authorize the Chairman to execute Amendment No. 1 to Sublease Agreement No. 20-424 with K.W.P.H. Enterprises doing business as American Ambulance (“American Ambulance”), to extend the termination date of the Physician’s Lease identified in the Sublease Agreement (currently, the third-party physician’s office space that may, upon County’s option, become available under the Sublease Agreement) from January 31, 2024 up to July 29, 2024, with no change to the rental rate if American Ambulance is not occupying the physician’s office space, and no change in the potential 7-year term; and Authorize the County Administrative Officer and the Director of Internal Services/Chief Information Officer, or their respective designees, each authorized to act individually, to approve and execute (a) any notices and documents, instruments, certificates, and documents, relating to the consummation of the recommended Lease Amendment and Sublease Amendment and (b) any notices and documents relating to the County’s administration of the leased and subleased premises under the recommended Lease Amendment and Sublease Amendment, subject to approval as to legal form by County Counsel
- 36. Adopt Resolution acknowledging the emergency nature of the flooding incident at the Fresno County University Medical Center (UMC) Campus and ratify all agreements, contracts, and other documents that the Director of Internal Services Department/Chief Information Officer has approved and entered into for services and supplies for the response and repair for this incident; Make a finding that it is in the best interest of the County to suspend the competitive bidding process consistent with Administrative Policy No. 34 for unusual and extraordinary circumstances for all agreements, contracts, and other documents for services, equipment, and supplies necessary for the repairs and associated costs to restore water, and remediate damages at the UMC Campus, and costs associated with providing security 24-hours a day, seven days a week, to prevent future trespassing issues; Authorize the Director of Internal Services Department/Chief Information Officer to negotiate and execute agreements and other documents necessary for the response and repair of the UMC property, upon terms that the 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; and Adopt Budget Resolution increasing the FY 2023-24 appropriations and estimated revenues for the Internal Services Department, Facility Services Org 8935 in the amount of $2,000,000 (4/5 vote)
- 67 Page Break
- 68 Library
- 37. Approve and authorize the Chairman to execute Grant Agreement and Certification of Compliance for the Fresno County Public Library - Central Library Improvements project from the California State Library for Building Forward Library Facilities Improvement Program, Round 2, effective upon execution by both parties through June 30, 2027 ($4,195,847); authorize the County Librarian, or her or his designee, to execute the Certification of Compliance Form, prepare, execute, and file all required revised project budget documents, submit any required quarterly documents, funding requests, budget modifications, activity and expenditure reports, and take any other actions necessary or appropriate to fulfill the requirements of the grant and obtain this grant funding; approve the Auditor-Controller/Treasurer-Tax Collector to execute and issue a letter, in substantially the form as attached to this item, to the California State Library confirming the immediate availability of matching County funds ($4,195,847), detailing the sources of matching funds (Measure B), and confirming the immediate availability of additional funds outside of the grant ($1,200,000) which will be required to complete the project; and adopt Budget Resolutions increasing FY 2023-24 appropriations and estimated revenues in the Library Grants Org 7517 in the amount of ($8,391,694) and Org 7530 in the amount of ($1,200,000) (4/5 vote)
- 70 Probation
- 38. Retroactively approve and authorize the Chief Probation Officer’s previous submittal of a grant application to the State of California, Governor’s Office of Emergency Services (Cal OES) for the County Victim Services (XC) Program; approve and authorize the Chairman to execute a retroactive Grant Application/Agreement for the County Victim Services (XC) Program with Cal OES for the period of January 1, 2024 to December 31, 2024 ($419,004); and approve and authorize the Auditor-Controller/Treasurer-Tax Collector, or his designee, to execute the required Authorization for the Grant Subaward Certification of Assurance of Compliance
- 71 Page Break
- 72 Public Health
- 39. Authorize a waiver of the 28 hours per week and 960 hours per calendar year maximum hours limitation for the Extra-Help positions listed on Attachment A in the Department of Public Health, Org 5620, pursuant to the provisions set forth in Salary Resolution, section 1100 and Personnel Rules 2040 and 4240
- 40. 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 Permanente Medical Group, as this vendor is the employer of the physician currently providing Infectious and Communicable Disease, and Tuberculosis Control consultation services to the County of Fresno; and approve and authorize the Chairman to execute an Agreement with The Permanente Medical Group for Physician Consultation Services, effective January 15, 2024, not to exceed five consecutive years, which includes a three-year base contract and two optional one-year extensions, total not to exceed $793,440
- 41. Conduct second hearing on and adopt an Ordinance related to infectious materials in Fresno County laboratories that do not fall under federal regulations 42 United States (USC) § 263a and 42 Code of Federal Regulations (CFR) § 493
- 76 Public Works and Planning
- 42. Approve and authorize Chairman to execute an Agreement with Cherry Crossing, L.P. to loan HOME Investment Partnerships Program funds for the development, construction, and operation of 11 units within the 72-unit Cherry Crossing I affordable multifamily rental housing project in the City of Sanger effective upon execution, for 55 years following the completion of construction and closure of the project in the Federal Integrated Disbursement & Information System ($1,000,000); and Approve and authorize Director of the Department of Public Works and Planning, or Acting Director, or designee identified in writing, to approve limited extensions to the construction timeline for delays out of the control of Cherry Crossing, L.P. and amend the end date of the Agreement’s term in the County’s system of record, with notice to all parties, for the purpose of aligning it with Federal administrative requirements and to ensure the conditions of the loan documents are satisfied; and Authorize Director of the Department of Public Works and Planning, or Acting Director, or designee identified in writing, such that upon review and approval by County Counsel as to legal form and Auditor-Controller/Treasurer-Tax Collector as to accounting form, the Director may execute (and if applicable, record) in the name of the County: (A) the Regulatory Agreement and Declaration of Restrictive Covenants, (B) the Promissory Note, (C) the Deed of Trust, and (D) subordination documents that do not alter the County’s lienholder position and do not cause the amount of the superior loans to exceed $40,000,000; and Authorize Director of the Department of Public Works and Planning, or Acting Director, or designee identified in writing, such that upon review and approval by County Counsel as to legal form and Auditor-Controller/Treasurer-Tax Collector as to accounting form, the Director may execute loan and related documents necessary to the Cherry Crossing I Project, including, but not limited to, the Regulatory Agreement and Declaration of Restrictive Covenants, Promissory Note, Deed of Trust, any required subordination agreements and estoppel certificates, and other necessary documents and amendments thereto as shall be necessary for the purpose of developing the Project so long as the documents (A) do not contain material changes and terms materially adverse to the County’s position (subject to County Counsel’s determination), (B) are consistent with the County’s underwriting requirements, (C) not in conflict with Federal funding requirements, and (D) electronic copies of all final executed documents are added to the County’s system of record
- 43. Adopt a Resolution amending authorization to submit a Financial Assistance Application to the State Water Resources Control Board (SWRCB), for improvements to the drinking water facilities serving County Service Area 30 - El Porvenir and County Service Area 32 - Cantua Creek, which authorizes the Director of the Department of Public Works and Planning (Director) to execute, subject to the review and approval of County Counsel as to legal form and the Auditor-Controller/Treasurer-Tax Collector as to accounting form, a Financial Assistance Application including any required instruments, assurances, certifications, and commitments to complete that application, an amended funding agreement with the SWRCB, and any further amendments or changes to that funding agreement that the Director deems necessary for the consummation and continuing administration of the Fresno County Westside Groundwater Project, which increases the maximum authority to obtain financial assistance from $15,000,000 to a total of $23,000,000; and Adopt Budget Resolution increasing FY 2023-24 appropriations and revenue for County Service Area 32 - Cantua Creek in the amount of $4,413,150 for increased project construction costs (4/5 vote); and Adopt plans and specifications for Contract No. 23-13-C, CSA 30 & 32 Well Site Improvements and Manganese Treatment; and Reject bid from HPS Mechanical, Inc. for Contract No. 23-13-C as non-responsive, due to failure to comply with a statutorily imposed bidding requirement; and Find that Syblon Reid is the lowest responsible bidder, that its bid substantially complied with bidding requirements and award Contract No. 23-13-C, CSA 30 & 32 Well Site Improvements and Manganese Treatment, to Syblon Reid Contractors, 1130 Sibley St. Folsom, CA 95630, in the total amount of $8,143,150, subject to and conditioned upon the approval of the State Water Resources Control Board; and Authorize the Chairman to execute Contract Change Orders for Contract No. 23-13-C, in excess of the Director’s allowance of $210,000, up to 5% of the construction contract total in the amount of $407,158; and Authorize the Director of the Department of Public Works and Planning, following the State Water Resources Control Board’s approval of the Conditional Award, as confirmed by notification to the County of its issuance of the Amended Financial Agreement, to: (a) Provide notice to the Chairman and Syblon Reid Contractors that County’s receipt of such approval by the State Water Resources Control Board satisfies the condition of the Conditional Award, and (b) Take any further actions and execute any and all notices, certificates and other documents as the Director may deem necessary or advisable in order to consummate the award of Contract No. 23-13-C, CSA 30 & 32 Well Site Improvements and Manganese Treatment, to Syblon Reid Contractor; and Authorize the Chairman to: (a) Execute Contract No. 23-13-C, CSA 30 & 32 Well Site Improvements and Manganese Treatment, on behalf of the County, conditioned upon and following receipt of such notice from the Director, and following receipt from Syblon Reid of the executed contract, and the related documents as required by the project specifications, and (b) Take any further actions and execute any such other documents as the Chairman may deem necessary or advisable in order to consummate the award of Contract No. 23-13-C, CSA 30 & 32 Well Site Improvements and Manganese Treatment, to Syblon Reid
- 44. Approve and authorize Chairman to execute an Agreement with Tetra Tech BAS, Inc. to provide annual monitoring, maintenance, and regulatory reporting for the Landfill Gas Collection and Control System at the American Avenue Disposal Site, effective February 1, 2024 through January 31, 2027, with the option to renew for two additional one-year terms ($1,102,680)
- 45. Adopt Resolution to support the Fresno County Housing Authority’s application for the Fresno Council of Governments’ Housing Planning Grants, for grant funding related to the Regional Early Action Planning Grant of 2021 (REAP 2.0) Program
- 46. Approve and authorize Chairman to execute Amendment I to Master Agreement No. 23-644 for non-hazardous roadside waste removal services, effective upon execution with no change to term of November 28, 2023 through June 30, 2028 and increasing maximum compensation by $500,000 per fiscal year to a total not to exceed $5,000,000 for potential approximate five-year term (4/5 vote)
- 82 Social Services
- 47. Adopt Resolution authorizing (a) the Department of Social Services to apply for and accept Round 5 allocation ($672,660) for the Transitional Housing Program and Round 2 allocation ($557,631) for the Housing Navigation and Maintenance Program, both administered by the California Department of Housing and Community Development; and, (b) authorizing the Director of the Department of Social Services, or designee, to execute grant related documents, including the current and subsequent Allocation Acceptance Forms for both programs