Hall of Records, Room 301

2281 Tulare Street

County of Fresno

Action Summary - Final

Board of Supervisors

Fresno, California

93721-2198

Telephone: (559) 600-3529

Toll Free: 1-800-742-1011

www.co.fresno.ca.us

Sal Quintero, 3rd District, Chairman

Nathan Magsig, 5th District, Vice-Chairman

Brian Pacheco, 1st District

Steve Brandau, 2nd District

Buddy Mendes, 4th District

Paul Nerland, County Administrative Officer

Daniel C. Cederborg, County Counsel

Bernice E. Seidel, Clerk of the Board of Supervisors

Tuesday, December 12, 2023

9:30 AM

Hall of Records

Present: 5 -

Supervisor Steve Brandau, Chairman Nathan Magsig, Vice Chairman Buddy Mendes,

Supervisor Brian Pacheco, and Supervisor Sal Quintero

Invocation and Pledge of Allegiance

PASTOR CLAYTON PAULL, HOPE KINGSBURG CHURCH, GAVE THE INVOCATION, AND CLERK OF THE

BOARD BERNICE E. SEIDEL LED THE BOARD OF SUPERVISORS IN THE PLEDGE OF ALLEGIANCE

CHAIRMAN QUINTERO AND EACH BOARD SUPERVISOR PROVIDED COMMENTS AND WELL WISHES FOR

THE HOLIDAY SEASON

Board of Supervisors

Approve Agenda

PRIOR TO BOARD APPROVAL OF THE AGENDA, SUPERVISOR BRANDAU PROVIDED CLARIFICATION TO

ITEM 11 TO ADDRESS CONCERNS HE RECEIVED FROM DISTRICT 2 RESIDENTS: AS PRESENTED TO THE

BOARD, THE ITEM DOES NOT INCLUDE ANY PARCELS LOCATED IN DISTRICT 2

A MOTION WAS MADE BY SUPERVISOR BRANDAU, SECONDED BY SUPERVISOR MENDES, THAT THIS

AGENDA BE APPROVED AS RECOMMENDED. THE MOTION CARRIED BY THE FOLLOWING VOTE:

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Approve Consent Agenda - Item Numbers 20-52

PRIOR TO BOARD APPROVAL OF THE CONSENT AGENDA, THE CLERK ANNOUNCED A CORRECTION TO

ITEM 22: THE AGENDA ITEM INCORRECTLY REFERENCES 288 TAX DEFAULTED PROPERTIES SUBJECT

TO THE TAX COLLECTOR’S POWER TO SELL BUT SHOULD STATE 286 PROPERTIES DUE TO THE

REDEMPTION OF TWO PARCELS DURING THE WEEK OF BOARD AGENDA ITEM PREPARATION. THE TAX

SALE LIST AND RESOLUTION ATTACHMENTS STATE THE CORRECT 286 PARCELS. A MOTION WAS

MADE BY SUPERVISOR MENDES, SECONDED BY SUPERVISOR BRANDAU, THAT THIS CONSENT

AGENDA BE APPROVED WITH THE CORRECTION TO ITEM 22. THE MOTION CARRIED BY THE

FOLLOWING VOTE:

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Supervisor Quintero

Proclaim December 12, 2023, as Tony Boren Day

A MOTION WAS MADE BY CHAIRMAN QUINTERO, SECONDED BY SUPERVISOR MENDES, THAT THIS

MATTER BE APPROVED AS RECOMMENDED. THE MOTION CARRIED BY THE FOLLOWING VOTE:

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Resolution No. 23-394

Administrative Office

Accept the Fresno County Foster Care Standards and Oversight Committee report for activities

from July 1, 2022 through June 30, 2023

A MOTION WAS MADE BY VICE CHAIRMAN MAGSIG, SECONDED BY CHAIRMAN QUINTERO, THAT THIS

MATTER BE APPROVED AS RECOMMENDED. THE MOTION CARRIED BY THE FOLLOWING VOTE:

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Behavioral Health

Adopt resolution electing to defer the January 1, 2024, implementation date of the changes

made to California Welfare and Institutions Code §5008 (WIC 5008) by Senate Bill (SB) 43 to

January 1, 2026, which expands the criteria of “gravely disabled” and allows law enforcement

and Fresno County designated healthcare professionals to place an involuntary hold on a

broader population of individuals

A MOTION WAS MADE BY SUPERVISOR MENDES, SECONDED BY VICE CHAIRMAN MAGSIG, THAT THIS

MATTER BE APPROVED AS RECOMMENDED. THE MOTION CARRIED BY THE FOLLOWING VOTE:

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Resolution No. 23-395

Administrative Office

Receive report from State Legislative Advocates on the State of California's 2023 legislative

session

RECEIVED REPORT FROM STATE LEGISLATIVE ADVOCATE PAUL YODER ON THE STATE OF

CALIFORNIA’S 2023 LEGISLATIVE SESSION

Agriculture

Conduct first 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); waive reading of the Ordinance in its entirety; and set second hearing

for January 9, 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 of the proposed Ordinance in accordance with Government Code Section 25124(b)

(1)

A MOTION WAS MADE BY SUPERVISOR MENDES, SECONDED BY VICE CHAIRMAN MAGSIG, THAT THIS

MATTER BE APPROVED AS RECOMMENDED. THE MOTION CARRIED BY THE FOLLOWING VOTE:

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Internal Services

Conduct a public hearing in accordance with California Government Code § 4217.12 for the

Board to determine that the terms of each of the proposed energy services Agreements with

FFP BTM SOLAR, LLC (ForeFront Power) (in recommended action #3) are in the best

interests of the County, and to find that the anticipated costs to the County for electrical energy

or conservation services to be provided by the solar photovoltaic energy systems under each of

those proposed Agreements, respectively, will be less than the County’s anticipated marginal

costs for the purchase of such energy and conservation services in the absence of each such

proposed Agreement, respectively; Adopt and authorize the Chairman to execute Resolution

making the determinations and findings as described in recommended action No. 1 (Gov.

Code, § 4217.12); Approve and authorize the Chairman to execute the following Energy

Services Agreements with ForeFront Power, to finance, design, construct, install, operate, and

maintain solar photovoltaic energy systems, including solar panels, allowing the County

purchase of energy at specified rates, at each of the following locations: a) Animal Control; b)

Area 2 Sheriff Substation; c) Behavioral Health and Mental Health Services; d) Hamilton Yard;

e) Health and Wellness Center; f) Pontiac Offices; g) Woodward Library; Effective upon

execution for an initial twenty-year term, with an optional five-year renewal term, totaling a

potential twenty-five (25) year term, with the option to purchase the solar photovoltaic energy

systems after the fifth anniversary of commercial operation of each solar photovoltaic energy

system; and Authorize the Director of Internal Services/Chief Information Officer (the

Director/CIO) to approve and execute any further documents, instruments, estoppel,

acknowledgement certificates, and memoranda of agreements, all subject to the approval of

County Counsel as to legal form and Auditor-Controller/Treasurer-Tax Collector as to

accounting form, necessary to finalize the recommended ESAs, including any financing that

ForeFront Power might later obtain in relation to such Agreements

CONDUCTED PUBLIC HEARING. NO PUBLIC TESTIMONY RECEIVED. CLOSED PUBLIC HEARING. A

MOTION WAS MADE BY VICE CHAIRMAN MAGSIG, SECONDED BY SUPERVISOR MENDES, TO APPROVE

RECOMMENDED ACTIONS 2 THROUGH 4 OF THE AGENDA ITEM. THE MOTION CARRIED BY THE

FOLLOWING VOTE:

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Resolution No. 23-396, Agreement No. 23-675, Agreement No. 23-676, Agreement No. 23-677, Agreement

No. 23-678, Agreement No. 23-679, Agreement No. 23-680, Agreement No. 23-681

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 or extraordinary circumstances,

as Rimini Street, Inc., a third-party vendor, is uniquely positioned to provide support of Oracle

Peoplesoft, Database, and Technology licenses for custom Fresno County code; and Approve

and authorize the Chairman to execute an Agreement with Rimini Street, Inc., to provide

maintenance and support of Oracle Peoplesoft, Database, and technology licenses, effective

January 1, 2024, through December 31, 2024, total not to exceed $863,905

A MOTION WAS MADE BY SUPERVISOR MENDES, SECONDED BY SUPERVISOR BRANDAU, THAT THIS

MATTER BE APPROVED AS RECOMMENDED. THE MOTION CARRIED BY THE FOLLOWING VOTE:

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Agreement No. 23-682

Public Health

10.

Conduct first hearing to amend the Fresno County Ordinance code, Title 8, to add Chapter 8.52,

“Fresno County Infectious Materials Ordinance;” waive reading of the Ordinance in its entirety

and set the second hearing for January 9, 2024; direct County Counsel to draft a Memorandum

of Understanding for incorporated cities within the County of Fresno which may grant authority to

the County of Fresno’s Department of Public Health to enforce the proposed ordinance within

city jurisdictional boundaries; 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)

A MOTION WAS MADE BY SUPERVISOR BRANDAU, SECONDED BY SUPERVISOR MENDES, THAT THIS

MATTER BE APPROVED AS RECOMMENDED. THE MOTION CARRIED BY THE FOLLOWING VOTE:

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Public Works and Planning

11.

Consider appeal of Planning Commission’s denial of General Plan Amendment Application No.

570 and Amendment Application No. 3860 proposing to amend County-adopted Caruthers,

Clovis, Del Rey, Fresno High-Roeding, and Riverdale Community Plans to encompass and/or

redesignate APN Nos: 043-201-27 (3.41 acres), 495-061-25 (2.84 acres), 350-080-68T (18

acres), 442-341-07 (1.73 acres), and APN 053-260-24S (6.48 acres) from Medium Density

Residential, Rural Residential, Agriculture, and Community Commercial to Medium High

Density Residential allowing a maximum density of 20 dwelling units per acre pursuant to the

Fresno County General and rezone said parcels from the R-1 (Single Family Residential, 6,000

square foot minimum parcel size), C-2 (Community Shopping Center), AE-20 (Exclusive

Agriculture, 20 acre minimum parcel size), and RR (Rural Residential, two acre minimum parcel

size) Zone Districts to the R-1 (Single Family Residential, 6,000 square foot minimum parcel

size), R-2 (Low Density Multiple Family Residential, 6,600 minimum parcel size) and R-3

(Medium Density Multiple Family Residential, 7,500 square foot minimum parcel size) Zone

Districts; and if Appeal is granted thereby approving General Plan Amendment No. 570 and

Amendment Application No. 3860: a. Adopt Addendum to Fresno County General Plan Final

Environmental Impact Report No. 99051024 pursuant to California Environmental Quality Act

Section 15164(a); and b. Adopt Resolution approving General Plan Amendment Application

No. 570 as the First General Plan Amendment of the Agriculture and Land Use Element of the

Fresno County General Plan for 2023; and c. Approve Ordinance pertaining to Amendment

Application No. 3860 thereby rezoning the above referenced parcels from the R-1, C-2, AE-20

and RR Zone Districts to the R-1, R-2, and R-3 Zone Districts; and if approved, 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 required summary in accordance with Government

Code, Section 25124(b)1 (subject parcels are located at: southeast quadrant of intersection of

W. Caruthers and S. Marks Avenues in community of Caruthers; northwest quadrant of

intersection of S. Marks and W. Kruger Avenues in the community of Riverdale; the north side of

E. Jefferson Avenue between S. Del Rey and S. McCall Avenues in the community of Del Rey;

the northeast corner of N. Feland and W. McKinley Avenues adjacent to City of Fresno; and

southeast quadrant of N. Clovis and E. Ashlan Avenues in the Tarpey community area)

CONSIDERED APPEAL OF THE PLANNING COMMISSION’S DENIAL OF GENERAL PLAN AMENDMENT

APPLICATION NO. 570 AND AMENDMENT APPLICATION NO. 3860 PROPOSING TO AMEND THE

COUNTY-ADOPTED CARUTHERS, CLOVIS, DEL REY, FRESNO HIGH-ROEDING, AND RIVERDALE

COMMUNITY PLANS TO ENCOMPASS AND/OR REDESIGNATE APN NOs: 043-201-27 (3.41 ACRES),

495-061-25 (2.84 ACRES), 350-080-68T (18 ACRES), 442-341-07 (1.73 ACRES), AND APN 053-260-24S (6.48

ACRES) FROM MEDIUM DENSITY RESIDENTIAL, RURAL RESIDENTIAL, AGRICULTURE, AND COMMUNITY

COMMERCIAL TO MEDIUM HIGH DENSITY RESIDENTIAL ALLOWING A MAXIMUM DENSITY OF 20

DWELLING UNITS PER ACRE PURSUANT TO THE FRESNO COUNTY GENERAL AND REZONE SAID

PARCELS FROM THE R-1 (SINGLE FAMILY RESIDENTIAL, 6,000 SQUARE FOOT MINIMUM PARCEL SIZE),

C-2 (COMMUNITY SHOPPING CENTER), AE-20 (EXCLUSIVE AGRICULTURE, 20 ACRE MINIMUM PARCEL

SIZE), AND RR (RURAL RESIDENTIAL, TWO ACRE MINIMUM PARCEL SIZE) ZONE DISTRICTS TO THE R-1

(SINGLE FAMILY RESIDENTIAL, 6,000 SQUARE FOOT MINIMUM PARCEL SIZE), R-2 (LOW DENSITY

MULTIPLE FAMILY RESIDENTIAL, 6,600 MINIMUM PARCEL SIZE) AND R-3 (MEDIUM DENSITY MULTIPLE

FAMILY RESIDENTIAL, 7,500 SQUARE FOOT MINIMUM PARCEL SIZE) ZONE DISTRICTS. CONDUCTED

PUBLIC HEARING. RECEIVED PUBLIC TESTIMONY. CLOSED PUBLIC HEARING

A MOTION WAS MADE BY VICE CHAIRMAN MAGSIG, SECONDED BY SUPERVISOR MENDES, THAT THIS

MATTER BE ACTED ON AS FOLLOWS: 1) GRANT APPEAL THEREBY APPROVING GENERAL PLAN

AMENDMENT NO. 570 AND AMENDMENT APPLICATION NO. 3860; 2) ADOPT ADDENDUM TO FRESNO

COUNTY GENERAL PLAN FINAL ENVIRONMENTAL IMPACT REPORT NO. 99051024 PURSUANT TO

CALIFORNIA ENVIRONMENTAL QUALITY ACT SECTION 15164(a); 3) ADOPT RESOLUTION APPROVING

GENERAL PLAN AMENDMENT APPLICATION NO. 570 AS THE FIRST GENERAL PLAN AMENDMENT OF

THE AGRICULTURE AND LAND USE ELEMENT OF THE FRESNO COUNTY GENERAL PLAN FOR 2023; 4)

APPROVE ORDINANCE PERTAINING TO AMENDMENT APPLICATION NO. 3860 THEREBY REZONING THE

ABOVE REFERENCED PARCELS FROM THE R-1, C-2, AE-20 AND RR ZONE DISTRICTS TO THE R-1, R-2

AND R-3 ZONE DISTRICTS; 5) 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;

AND 6) DIRECT THAT FUTURE DEVELOPMENT OF THE SITES MUST ADDRESS PUBLIC SAFETY AND

INCLUDE PREPARATION OF A TRAFFIC IMPACT STUDY. THE MOTION CARRIED BY THE FOLLOWING

VOTE:

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Resolution No. 23-397, Ordinance No. R-498-3860

12.

Consider petition for partial cancellation of Agricultural Land Conservation Contract No. 1326

filed by Gerald E. Feaver, to remove a 2.50-acre portion of a 121.29-acre parcel from

Williamson Act contract to allow creation of a 2.50-acre homesite exception parcel for

residential use; and if your Board is able to make all five required findings listed under

Government Code, Section 51282(b), take following actions: adopt Negative Declaration

prepared for Initial Study 8296; and adopt Resolution authorizing partial cancellation of

Agricultural Land Conservation Contract No. 1326; and authorize Chairman to sign Certificate

of Tentative Cancellation and approve recording Certificate of Cancellation when all conditions

included in Certificate of Tentative Cancellation have been satisfied (subject parcel is located at

northwest corner of S. Armstrong Avenue and E. Lincoln Avenue, approximately one-half mile

North of nearest boundary limits of City of Fowler (APN 340-020-76))

CONSIDERED PETITION FOR PARTIAL CANCELLATION OF AGRICULTURAL LAND CONSERVATION

CONTRACT NO. 1326 FILED BY GERALD E. FEAVER, TO REMOVE A 2.50-ACRE PORTION OF A

121.29-ACRE PARCEL FROM WILLIAMSON ACT CONTRACT TO ALLOW THE CREATION OF A 2.50-ACRE

HOMESITE EXCEPTION PARCEL FOR RESIDENTIAL USE. CONDUCTED PUBLIC HEARING. RECEIVED

PUBLIC TESTIMONY. CLOSED PUBLIC HEARING

A MOTION WAS MADE BY SUPERVISOR MENDES, SECONDED BY VICE CHAIRMAN MAGSIG, THAT THIS

MATTER BE ACTED ON AS FOLLOWS: 1) APPROVE PETITION FOR PARTIAL CANCELLATION OF

AGRICULTURAL LAND CONSERVATION CONTRACT NO. 1326 FILED BY GERALD E. FEAVER, TO REMOVE

A 2.50-ACRE PORTION OF A 121.29-ACRE PARCEL FROM WILLIAMSON ACT CONTRACT TO ALLOW THE

CREATION OF A 2.50-ACRE HOMESITE EXCEPTION PARCEL FOR RESIDENTIAL USE; 2) MAKE ALL FIVE

REQUIRED FINDINGS LISTED UNDER GOVERNMENT CODE SECTION 51282(b); 3) ADOPT NEGATIVE

DECLARATION PREPARED FOR INITIAL STUDY 8296; 4) ADOPT RESOLUTION AUTHORIZING PARTIAL

CANCELLATION OF AGRICULTURAL LAND CONSERVATION CONTRACT NO. 1326; 5) AUTHORIZE THE

CHAIRMAN TO SIGN THE CERTIFICATE OF TENTATIVE CANCELLATION AND APPROVE RECORDING THE

CERTIFICATE OF CANCELLATION WHEN ALL CONDITIONS INCLUDED IN THE CERTIFICATE OF

TENTATIVE CANCELLATION HAVE BEEN SATISFIED; AND 6) THAT APPROVAL OF THE CANCELLATION

PETITION IS SUBJECT TO TWO CONDITIONS OF APPROVAL THAT THE APPLICANT SHALL OBTAIN THE

NECESSARY LAND USE APPROVALS TO CREATE THE PROPOSED PARCELS, AND THAT THE APPLICANT

SHALL PAY THE CANCELLATION FEE IN THE AMOUNT OF $18,750.00 AS DETERMINED BY THE COUNTY

ASSESSOR AND CERTIFIED BY THE BOARD OF SUPERVISORS FOR ISSUANCE OF A CERTIFICATE OF

CANCELLATION BY THE BOARD. THE CANCELLATION FEE SHALL BE PAID, AND A CERTIFICATE OF

CANCELLATION ISSUED BY THE BOARD AND RECORDED PRIOR TO RECORDING THE MAP TO CREATE

THE PROPOSED 2.50-ACRE PARCEL. IF THE CANCELLATION FEE IS NOT PAID WITHIN ONE YEAR OF

ISSUANCE OF THE TENTATIVE CERTIFICATE OF CANCELLATION, THE CANCELLATION FEE MUST BE

RE-COMPUTED BY THE ASSESSOR’S OFFICE AND RE-CERTIFIED BY THE BOARD OF SUPERVISORS. THE

MOTION CARRIED BY THE FOLLOWING VOTE:

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Resolution No. 23-398

Board of Supervisors' Committee Reports and Comments

13.

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)

CHAIRMAN QUINTERO ANNOUNCED FRESNO COUNTY’S ANNUAL COAT DRIVE WILL BE ENDING THIS

WEEK, WITH DONATIONS GOING TO THE POVERELLO HOUSE, MARJAREE MASON CENTER, LIGHT

HOUSE RECOVERY CENTER, AND SENIOR CITIZENS VILLAGE; AND THANKED EVERYONE WHO

DONATED. SUPERVISOR BRANDAU REPORTED HIS CONVERSATION WITH SHERIFF JOHN ZANONI

ABOUT ATTRACTING AND RETAINING CORRECTIONAL OFFICERS FOR FRESNO COUNTY AND WANTS

TO DISCUSS THIS ISSUE FURTHER

Board Appointments

14.

Receive Boards, Commissions and Committees Vacancy Report; and Appoint Applicants as

necessary

RECEIVED VACANCY REPORT. A MOTION WAS MADE BY VICE CHAIRMAN MAGSIG, SECONDED BY

SUPERVISOR MENDES, THAT THE NOMINATIONS FOR REAPPOINTMENTS BE APPROVED AS FOLLOWS:

FRESNO COUNTY FIRE PROTECTION DISTRICT

REAPPOINT JOHN ARABIAN (TERM TO EXPIRE 9/30/27)

FRESNO REGIONAL WORKFORCE DEVELOPMENT BOARD

REAPPOINT DENNIS MONTALBANO (TERM TO EXPIRE 11/1/25)

REAPPOINT CAROLE GOLDSMITH (TERM TO EXPIRE 11/1/25)

THE MOTION CARRIED BY THE FOLLOWING VOTE:

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

AT APPROXIMATELY 11:58 A.M., PRIOR TO PUBLIC PRESENTATIONS, CHAIRMAN QUINTERO CALLED

FOR A 15 MINUTE RECESS

AT APPROXIMATELY 12:40 P.M., CHAIRMAN QUINTERO RECONVENED THE MEETING

Public Presentations

15.

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

HELD; RECEIVED

Closed Session

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; NO REPORTABLE ACTION

17.

18.

Conference with legal counsel - Initiation of Litigation; Government Code, section 54956.9(d)(4)

(2 Cases)

HELD; NO REPORTABLE ACTION

Conference with legal counsel - Significant Exposure to Litigation; Government Code, section

54956.9(d)(2) (2 Cases)

HELD; NO REPORTABLE ACTION

Sitting as the Fresno County In-Home Supportive Services Public Authority Governing

Board:

19.

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.

HELD; NO REPORTABLE ACTION

CONSENT AGENDA

PRIOR TO BOARD APPROVAL OF THE CONSENT AGENDA, THE CLERK ANNOUNCED A CORRECTION TO

ITEM 22: THE AGENDA ITEM INCORRECTLY REFERENCES 288 TAX DEFAULTED PROPERTIES SUBJECT

TO THE TAX COLLECTOR’S POWER TO SELL BUT SHOULD STATE 286 PROPERTIES DUE TO THE

REDEMPTION OF TWO PARCELS DURING THE WEEK OF BOARD AGENDA ITEM PREPARATION. THE TAX

SALE LIST AND RESOLUTION ATTACHMENTS STATE THE CORRECT 286 PARCELS. A MOTION WAS

MADE BY SUPERVISOR MENDES, SECONDED BY SUPERVISOR BRANDAU, THAT THIS CONSENT

AGENDA BE APPROVED WITH THE CORRECTION TO ITEM 22. THE MOTION CARRIED BY THE

FOLLOWING VOTE:

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Board of Supervisors

Approve minutes for November 28, 2023

20.

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Auditor Controller-Treasurer/Tax Collector

21.

Approve and authorize the Chairman to execute an Assignment of Agreement to provide that

the rights, benefits, responsibilities, and obligations of FHN Financial Main Street Advisors,

LLC, under the Agreement for Investment Advisory and Reporting Services (Agreement No.

20-422), relating to the County’s Treasury Investment Pool, are transferred to Meeder Public

Funds, Inc.

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Agreement No. 23-650

22.

Adopt a resolution approving a March 14-15, 2024 sale of tax-defaulted properties that are

subject to the Tax Collector’s power to sell and authorizing the Tax Collector to reduce the

minimum bids on certain previously offered properties in specified circumstances

PRIOR TO BOARD APPROVAL OF THE CONSENT AGENDA, THE CLERK ANNOUNCED A CORRECTION TO

ITEM 22: THE AGENDA ITEM INCORRECTLY REFERENCES 288 TAX DEFAULTED PROPERTIES SUBJECT

TO THE TAX COLLECTOR’S POWER TO SELL BUT SHOULD STATE 286 PROPERTIES DUE TO THE

REDEMPTION OF TWO PARCELS DURING THE WEEK OF BOARD AGENDA ITEM PREPARATION. THE TAX

SALE LIST AND RESOLUTION ATTACHMENTS STATE THE CORRECT 286 PARCELS

APPROVED AS REVISED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Resolution No. 23-378

Administrative Office

23.

Approve and authorize the Chairman to execute an Agreement with Two Q, Inc., through its JP

Marketing division, for media and mass communication services, effective upon execution, not

to exceed five years consecutively, which includes a three-year base contract and two optional

one-year extensions, total not to exceed $10,925,000; and Approve and authorize the County

Administrative Officer, or his or her designee, to shift the approximate departmental budgeted

amounts on Exhibit B of the Agreement, with no change to the Agreement’s annual

compensation limit ($2,185,000), and to update the department points of contact designated on

Exhibit E of the Agreement, as needed

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Agreement No. 23-651

24.

Approve and authorize the Chairman to execute First Amendment to Agreement No. 19-309

with Brown Armstrong Accountancy Corporation for audit services, effective upon execution with

no change to the term and increasing the maximum compensation for services for the Fiscal

Year 2022-23 audit by $46,750 to a total not to exceed $244,750

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Agreement No. 23-652

25.

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

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Resolution No. 23-379

26.

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

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Resolution No. 23-380

27.

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

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Resolution No. 23-381

Behavioral Health

Approve and authorize the Chairman to execute Amendment IV to Agreement for substance use

28.

29.

30.

disorder and co-occurring mental health services at the Juvenile Justice Campus with Mental

Health Systems, Inc. extending the term by six months from January 1, 2024 to June 30, 2024

and increasing the maximum compensation by $450,000 to a total of $5,613,333

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Agreement No. 23-653

Approve and authorize the Chairman to execute Amendment I to Agreement with California

State University, Fresno Foundation for evaluation services for The Lodge Innovation Programs,

extending the term by eighteen (18) months from January 1, 2024 to June 30, 2025, and

increasing the maximum compensation by $68,520 to a total of $218,520

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Agreement No. 23-654

Approve and authorize the Clerk of the Board to execute Budget Transfer No. 2 transferring FY

2023-24 appropriations in the amount of $14,000 from Account 7295 (Professional and

Specialized Services) to Account 8300 (Equipment) within the Department of Behavioral Health

Org 5630 ($14,000) for the purchase of a Canon EOS C70 Cinema Camera and associated

accessories

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

County Counsel

31.

Approve and authorize the Chairman to execute Amendment No. 2 to Legal Services

Agreement, which amends Agreement No. P-21-497 with the law firm of Prentice Long, PC, to

extend the term of the Agreement by six months to December 31, 2024, and to increase the

maximum compensation payable under the Agreement by $50,000 to a total of $250,000

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Agreement No. 23-655

Human Resources

32.

Approve the authorize the Chairman to execute Participation Agreement with the San Joaquin

Valley Insurance Authority (SJVIA), for the purpose of participating in the SJVIA health insurance

(Anthem Blue Cross and Kaiser), pharmacy program (EmpiRx Health), dental insurance (Delta

Dental) and vision insurance (Vision Service Plan) for employees and retirees, effective

December 11, 2023 through December 9, 2024; approve and authorize the Chairman to

execute Agreement with Kaiser Permanente for group medical services for the period January

1, 2024 through December 31, 2024 for retirees; approve and authorize the Chairman to

execute Agreement with MyWorkplace, Inc. for Medicare retiree eligibility and accounting

services, effective January 1, 2024 through December 31, 2024; approve and authorize the

Chairman to execute agreement with Navia Benefit Solutions, Inc. for retiree billing and

accounting services, effective January 1, 2024 through December 31, 2024; and approve and

authorize the Director of Human Resources, or designee, to approve and execute any health

plan documents, business associate agreements and any other related agreements, or

amendments, to the foregoing, to implement such agreement in recommended actions 1

through 4, subject to review and approval by County Counsel as to legal form and the

Auditor-Controller/Treasurer-Tax Collector as to accounting form

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Agreement No. 23-656, Agreement No. 23-657, Agreement No. 23-658, Agreement No. 23-659

33.

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 obtaining the services of special

counsel to assist the County; and Approve and authorize the Chairman to execute an

Agreement with the firm Porter Scott to represent the County and its employees in General

Liability, Auto Liability, Employment Law, and Medical Malpractice legal services cases,

effective December 12, 2023, not to exceed five consecutive years, which includes a three-year

base contract and two optional one-year extensions, total not to exceed $7,500,000

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Agreement No. 23-660

34.

Approve and authorize Chairman to execute six Agreements to Defend Public Officers or

Employees for Lakeisha Akins, Social Worker, Marshunda Harding, Social Work Supervisor,

Department of Social Services; Annette Jones, Unlicensed Mental Health Clinician,

Department of Behavioral Health; Sergio Klassen, Defense Investigator, Public Defender;

Christina Lara, Social Work Practitioner, Eva Torres, Social Worker, Department of Social

Services; Veronica Hernandez, et al. v County of Fresno, et al.

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Agreement No. 23-661, Agreement No. 23-662, Agreement No. 23-663, Agreement No. 23-664,

Agreement No. 23-665, Agreement No. 23-666

Adopt Resolutions Rejecting Claims for Damages

35.

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Resolution No. 23-382, Resolution No. 23-383, Resolution No. 23-384, Resolution No. 23-385, Resolution

No. 23-386, Resolution No. 23-387, Resolution No. 23-388, Resolution No. 23-389, Resolution No. 23-390,

Resolution No. 23-391, Resolution No. 23-392

36.

Conduct second hearing and adopt an Ordinance amending Fresno County Ordinance Code

Title 3 - Personnel, Chapter 3.08 - Civil Service System, Section 3.08.110 - Employees -

Political Activity by deleting Subsection (A)(5) prohibiting County officers and employees from

directly or indirectly soliciting political funds or contributions, knowingly, from other County

officers or employees or persons on the employment list of the County and making other

non-substantive revisions; and waive reading of the Ordinance in its entirety

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Ordinance No. 23-016

37.

38.

39.

Approve the successor Memorandum of Understanding for Representation Unit 43, represented

by the Stationary Engineers - Local 39, effective December 11th, 2023; and approve the related

Salary Resolution Amendment as reflected on Appendix “B”

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Salary Resolution No. 23-044

Approve the successor Memorandum of Understanding for Representation Unit 39, represented

by the Stationary Engineers - Local 39, effective December 11th, 2023; and approve the related

Salary Resolution Amendment as reflected on Appendix “C”

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Salary Resolution No. 23-045

Approve the successor Memorandum of Understanding for Representation Unit 31 - Public

Defenders, represented by the Professional Association County Employees, effective

December 11, 2023, and approve the related Salary Resolution Amendment as reflected on

Appendix “D”

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Salary Resolution No. 23-046

40.

Approve Amendment to the Salary Resolution, Section 411 - Hiring Rate and Salary Range

Step Advancement, effective December 11, 2023, as reflected on Appendix “A”; and approve

Amendment to the Personnel Rules, Section 4012 - Types of Recruitments - Employment Lists,

effective December 11, 2023, as reflected on Appendix “A”

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Salary Resolution No. 23-047

Internal Services

41.

Approve and authorize the Chairman to execute First Amendment to Agreement No. 17-635

with the City of Fresno for parking stalls for County employees, increasing the maximum number

of parking stalls from 600 to 1,550, with no change to the term through December 31, 2032

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Agreement No. 23-667

42.

Approve and authorize the Chairman to execute First Amendment to the Agreement with

Siemens Industry, Inc., for upgrades to portions of the Fresno County Main Jail control system,

extending the termination date from December 31, 2023, to project completion, not to extend

beyond June 30, 2025, with no change to the maximum compensation

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Agreement No. 23-668

43.

Conduct a second hearing and adopt Chapter 13.28 of the Fresno County Ordinance Code, as

amended, entitled “Leasing and Licensing of Any Real Property Belonging to, Leased by, or

Licensed by the County,” which sets the informal bidding procedures for the leasing and

licensing of any real property belonging to, leased by, or licensed by the County; and waive

reading of the proposed Ordinance in its entirety

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Ordinance No. 23-017

Probation

44.

Approve and authorize the Chairman to execute an Agreement with RDA Consulting, SPC, to

provide evaluations of the County of Fresno Community Corrections Partnership funded

programs effective January 16, 2024 through January 15, 2027, with an annual maximum

compensation of $100,000, not to exceed the contract maximum compensation of $300,000

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Agreement No. 23-669

45.

Approve and authorize the Chairman to execute Amendment II to Service Agreement with

CFMG for comprehensive medical and behavioral health care services to youth at the County

Probation Department Juvenile Justice Campus, extending the term by six months,

commencing on January 1, 2024, to June 30, 2024, and increasing the maximum by

$1,806,996 to a total of $20,661,543

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Agreement No. 23-670

Public Health

46.

Approve retroactive submission of the FY 2023-24 California Department of Health Care

Services allocation plan for child health services under California Children’s Services; and

approve and authorize the Chairman to execute the retroactive Certification Statement as

required by the California Department of Health Care Services, effective July 1, 2023 to June

30, 2024 ($7,738,562)

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Agreement No. 23-671

47.

Approve and authorize the Chairman to execute a retroactive revenue agreement with the

California Department of Resources, Recycling and Recovery for FY 2023-24 Local

Enforcement Agency Grant Program funding, effective July 1, 2023 through October 29, 2024

($28,676)

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Agreement No. 23-672

48.

Adopt a Resolution to appoint a Solid Waste Independent Hearing Officer to maintain the

County’s Local Enforcement Agency designation through the California Department of

Resources, Recycling and Recovery, effective upon execution, not to exceed four consecutive

years, through December 11, 2027

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Resolution No. 23-393

Public Works and Planning

49.

Approve and authorize Chairman to execute an Agreement with Carahsoft Technology

Corporation, for OpenGov, Inc.’s Cartegraph Cloud-Based Enterprise Asset Management

Platform, through NASPO Cooperative Agreement, effective December 15, 2023, not to

exceed five consecutive years, which includes a two-year initial term and three optional

one-year extensions, total compensation not to exceed $1,265,979

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Agreement No. 23-673

50.

Approve a three-year extension of the Millerton New Town Infrastructure Plan for the Millerton

Specific Plan (Infrastructure Plan), including its associated Millerton New Town Area

Implementation Procedures (Implementation Procedures), to allow the Infrastructure Plan

including its associated Implementation Procedures to continue through December 31, 2026

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Social Services

51.

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

WestCare California, Inc. as the vendor is uniquely qualified to provide Housing and Disability

Advocacy Program services; and Approve and authorize the Chairman to execute an

agreement with WestCare California, Inc. for Housing and Disability Advocacy Program

services, effective upon execution through June 30, 2026, which includes a 19-month base

contract, with one optional one-year extension, total not to exceed $4,696,879

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes:

Agreement No. 23-674

52.

Authorize a waiver of the 28 hours per week and 960 hours per year maximum limitations for

Extra-Help positions in the Department of Social Services as listed on Attachment A for

calendar year 2024, pursuant to the provisions set forth in the Salary Resolution, section 1100

and Personnel Rules 2040 and 4240

APPROVED AS RECOMMENDED

5 - Brandau, Magsig, Mendes, Pacheco, and Quintero

Ayes: