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.fresnocountyca.gov

Nathan Magsig, 5th District, Chairman

Buddy Mendes, 4th District, Vice-Chairman

Brian Pacheco, 1st District

Steve Brandau, 2nd District

Sal Quintero, 3rd District

Paul Nerland, County Administrative Officer

Daniel C. Cederborg, County Counsel

Bernice E. Seidel, Clerk of the Board of Supervisors

Tuesday, April 23, 2024

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

CHAPLAIN TIM RODRIGUEZ OF THE FRESNO PEACE OFFICERS CHAPLAINCY AND THE FRESNO

COUNTY SHERIFF'S CHAPLAINCY UNIT GAVE THE INVOCATION. THE FRESNO COUNTY SHERIFF’S

HONOR GUARD PRESENTED THE COLORS AND LED THE BOARD OF SUPERVISORS IN THE PLEDGE OF

ALLEGIANCE

Approve Agenda

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

AGENDA BE APPROVED WITH THE EXCEPTION OF ITEM 17 WHICH WAS DELETED. THE MOTION

CARRIED BY THE FOLLOWING VOTE:

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

Ayes:

Approve Consent Agenda - Item Numbers 25-49

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

THIS CONSENT AGENDA BE APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM 37 WHICH

WAS DELETED AND ITEM 39 WHICH WAS PULLED FOR DISCUSSION AND SEPARATE VOTE. THE

MOTION CARRIED BY THE FOLLOWING VOTE:

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

Ayes:

Chairman Magsig

Proclaim April 2024 as Child Abuse Prevention Month in Fresno County

A MOTION WAS MADE BY CHAIRMAN MAGSIG, SECONDED BY VICE CHAIRMAN 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. 24-152

Supervisor Brandau

Proclaim April 21-27 as "National Crime Victims' Rights Week"

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

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

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

Ayes:

Resolution No. 24-153

Proclaim April 24, 2024, as "Day of Remembrance of the Armenian Genocide"

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

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

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

Ayes:

Resolution No. 24-154

Supervisor Mendes

Proclaim May 12-18, 2024, as Peace Officer Memorial Week and May 15, 2024, as Peace

Officer Memorial Day in Fresno County

A MOTION WAS MADE BY VICE CHAIRMAN 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:

Resolution No. 24-155

Chairman Magsig

Receive Verbal Presentation by California Highway Patrol Captain Austin Matulonis on Fatal

Traffic Crash Information in Fresno County

RECEIVED VERBAL PRESENTATION BY CALIFORNIA HIGHWAY PATROL CAPTAIN AUSTIN MATULONIS

ON FATAL TRAFFIC CRASH INFORMATION IN FRESNO COUNTY

Supervisor Pacheco

Conduct first hearing to amend the Fresno County Ordinance Code, Title 2, Chapter 2.38,

Section 2.38.030 to allow Children and Families Commission presentations of annual audit and

report to be placed either on the regular or consent portions of future Board of Supervisors'

agendas; waive first reading of the Ordinance in its entirety; and set second hearing for May 7,

2024; Designate County Counsel to prepare a fair and adequate summary of the proposed

Ordinance; and Direct the Clerk of the Board to post and publish the required summary in

accordance with Government Code 25124(b)(1)

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

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

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

Ayes:

Sheriff/Coroner/Public Administrator

Approve and authorize the Chairman to execute Agreement with Washington Unified School

District (WUSD), effective April 23, 2024, for the Sheriff’s Office to provide law enforcement

services at two WUSD school sites, for a term of an approximately two-year and three-month

base contract and two optional one-year extensions, total not to exceed $1,598,036; approve

Amendment to the Salary Resolution adding one Deputy Sheriff position to provide law

enforcement services for WUSD to the Sheriff-Coroner-Public Administrator Org 3111, effective

April 29, 2024, as reflected in Appendix “D”; and adopt Budget Resolution increasing FY

2023-24 appropriations and estimated revenues for the Sheriff-Coroner-Public Administrator

Org 3111 in the amount of $266,244 to provide law enforcement services to WUSD

PRIOR TO BOARD DISCUSSION OF ITEM 9, THE CLERK ANNOUNCED A REVISION TO THE DISCUSSION

SECTION OF THE AGENDA ITEM: THE ORIGINAL AGENDA ITEM INCORRECTLY LISTED DISTRICT 3 AS

THE IMPACTED DISTRICT; DISTRICT 1 IS THE CORRECT IMPACTED DISTRICT. A MOTION WAS MADE BY

SUPERVISOR PACHECO, SECONDED BY VICE CHAIRMAN MENDES, THAT THIS MATTER BE APPROVED

AS REVISED. THE MOTION CARRIED BY THE FOLLOWING VOTE:

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

Ayes:

Agreement No. 24-195, Salary Resolution No. 24-016, Resolution No. 24-156

Administrative Office

10.

Confirm appointment of Sally Gomez, effective April 29, 2024, to the position of County

Librarian pursuant to Fresno County Charter Section 16

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

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

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

Ayes:

10.1

Adopt Resolution proclaiming and ratifying a Local Emergency proclaimed by the Emergency

Services Director on April 17, 2024, due to the need for the Agricultural Commissioner to

authorize commercial growers to use neonicotinoid pesticides on an emergency basis on

tomato crops to combat the Beet Leafhopper insect in Fresno County

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

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

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

Resolution No. 24-157

Ayes:

Human Resources

11.

Approve the addition of a sixth salary step for Unrepresented (including confidential

classifications covered by Footnote “y”), Management, Senior Management, Senior

Management Supervisors, Assistant or Deputy Department Heads, and Department Heads

(excluding the Public Defender and Elected Officials), effective July 8, 2024, as reflected on

Appendix “C”; and Approve a salary adjustment of 3% for Unrepresented (including confidential

classifications covered by Footnote “y”), Management, Senior Management, Senior

Management Supervisors, Assistant or Deputy Department Heads, Department Heads

(excluding the Public Defender and Elected Officials), and Extra-Help classifications within U98

(as outlined in Salary Resolution Section 100), effective November 11, 2024, as reflected on

Appendix “C”; and Approve Amendments to the Salary Resolution, Section 100 effective April

29, 2024, as reflected on Appendix “C”; and Approve Amendments to the Salary Resolution,

Sections 100 and 400, effective July 8, 2024, as reflected on Appendix “C”

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

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

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

Ayes:

Salary Resolution No. 24-017

Public Works and Planning

12.

Consider Appeal of Planning Commission’s denial of Unclassified Conditional Use Permit

Application No. 3751 proposing to allow a high intensity park with related improvements for

special outdoor events (e.g., family-meeting place for social events consisting of weddings,

receptions, birthdays, anniversaries, and similar special outdoor events) on an approximately

3.3-acre portion of a 17.65-acre parcel in the RR (Rural Residential) Zone District; and if Appeal

is granted and Planning Commission’s denial of Unclassified Conditional Use Permit No. 3751

is overturned: adopt Mitigated Negative Declaration prepared for Initial Study No. 8286 and

approve proposal subject to proposed Mitigation Measures and Conditions of Approval; and

make required Findings specified in Fresno County Zoning Ordinance, Section 873(F) for

approval of Unclassified Conditional Use Permit No. 3751; and adopt Resolution approving

Unclassified Conditional Use Permit No. 3751, with Conditions of Approval and Project Notes

(subject parcel is located on north side of Shields Avenue, approximately 642 feet east of N.

Bryan Avenue, and 1,322 feet west of City of Fresno (APN: 512-160-20) (6338 W. Shields

Avenue))

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

MATTER BE CONTINUED TO A DATE UNCERTAIN. THE MOTION CARRIED BY THE FOLLOWING VOTE:

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

Ayes:

13.

Consider appeal of the Planning Commission’s denial of Variance Application No. 4157

proposing to allow the creation of a 2.50-acre and a 17.50-acre parcel, from an existing 20-acre

parcel in the AE-20 (Exclusive Agricultural, 20-acre minimum parcel size) Zone District (the

subject parcel is located on the east side of S. Temperance Avenue, 0.17-miles south of E.

Jensen Avenue, approximately 0.63-mile southwest from the City of Fresno (APN: 316-062-02)

(2250 S. Temperance Avenue))

CONSIDERED APPEAL OF THE PLANNING COMMISSION’S DENIAL OF VARIANCE APPLICATION NO. 4157

PROPOSING TO ALLOW THE CREATION OF A 2.50-ACRE AND A 17.50-ACRE PARCEL, FROM AN

EXISTING 20-ACRE PARCEL IN THE AE-20 (EXCLUSIVE AGRICULTURAL, 20-ACRE MINIMUM PARCEL

SIZE) ZONE DISTRICT. CONDUCTED PUBLIC HEARING. RECEIVED PUBLIC TESTIMONY. CLOSED PUBLIC

HEARING. A MOTION WAS MADE BY VICE CHAIRMAN MENDES, SECONDED BY SUPERVISOR BRANDAU,

THAT THIS MATTER BE ACTED ON AS FOLLOWS: 1) GRANT THE APPEAL AND OVERTURN THE

PLANNING COMMISSION’S DENIAL OF VARIANCE APPLICATION NO. 4157; 2) MAKE THE REQUIRED

FINDINGS SPECIFIED IN SECTION 877(A) OF THE FRESNO COUNTY ZONING ORDINANCE CODE FOR

APPROVAL OF VARIANCE APPLICATION NO. 4157 BASED ON THE FACTS CONTAINED IN THE STAFF

REPORT AND THE TESTIMONY AND EVIDENCE PROVIDED BY THE APPLICANT; AND 3) APPROVE

VARIANCE APPLICATION NO. 4157, WITH CONDITIONS OF APPROVAL CONTAINED IN ATTACHMENT D

WITHIN THE BOARD AGENDA ITEM. THE VARIANCE WILL EXPIRE ONE YEAR FROM THE DATE OF THE

BOARD’S APPROVAL UNLESS A MAPPING APPLICATION TO CREATE THE PARCEL IS FILED. WHERE

CIRCUMSTANCES BEYOND THE CONTROL OF THE APPLICANT CAUSE DELAYS, THE COMMISSION MAY

GRANT A MAXIMUM OF TWO ONE-YEAR EXTENSIONS OF TIME. THE MOTION CARRIED BY THE

FOLLOWING VOTE:

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

Ayes:

Board of Supervisors' Committee Reports and Comments

14.

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)

SUPERVISOR BRANDAU REPORTED HIS ATTENDANCE AT A LUNCHEON YESTERDAY HOSTED BY

FRESNO COUNTY DISTRICT ATTORNEY LISA A. SMITTCAMP HONORING COURAGEOUS VICTIMS OF

CRIME IN THE COUNTY. VICE CHAIRMAN MENDES REPORTED HIS ATTENDANCE AT THE RECENT

CALIFORNIA STATE ASSOCIATION OF COUNTIES (CSAC) LEGISLATIVE CONFERENCE. CHAIRMAN

MAGSIG ALSO REPORTED ON HIS ATTENDANCE AT THE CSAC LEGISLATIVE CONFERENCE: A PANEL

ADDRESSED THE BENEFITS OF PROPOSITION 47 (PROP. 47) REFORM; A PRESENTATION ON UNFUNDED

MANDATES IMPOSED ON COUNTIES WAS HELD, AND HE BELIEVES THE COUNTY NEEDS TO BETTER

IDENTIFY UNFUNDED MANDATES; AND HE SERVES AS VICE CHAIR OF THE GOVERNMENT FINANCE AND

ADMINISTRATIVE POLICY COMMITTEE, WHILE VICE CHAIRMAN MENDES SERVES AS THE COUNTY'S

REPRESENTATIVE ON THE URBAN COUNTIES CAUCUS. CHAIRMAN MAGSIG ALSO ANNOUNCED THE

110TH CLOVIS RODEO BEGINS TOMORROW, AND THE ANNUAL PARADE WILL BE HELD SATURDAY,

APRIL 27, 2024; AND RECOGNIZED THE RECENT PASSING OF BARBARA GOODWIN, FORMER EXECUTIVE

DIRECTOR OF THE FRESNO COUNCIL OF GOVERNMENTS (FRESNO COG), WHO HE WORKED WITH ON

SEVERAL LOCAL TRANSPORTATION PROJECTS

Board Appointments

15.

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

necessary

RECEIVED VACANCY REPORT. NO APPOINTMENTS WERE MADE

Public Presentations

16.

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

17.

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

DELETED

18.

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

(2 Cases)

BY A 5-0 VOTE, THE BOARD AUTHORIZED THE FILING OF A CROSS-COMPLAINT BY THE COUNTY

AGAINST MAHIL LAND, LLC FOR EQUITABLE INDEMNITY AND CONTRIBUTION IN THE CASE OF VINCENT

ANDRADE V. COUNTY OF FRESNO

19.

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

54956.9(d)(2) (2 Cases)

HELD; NO REPORTABLE ACTION

20.

21.

22.

23.

Conference with legal counsel - Existing Litigation pursuant to Government Code Section

54956.9(d)(1): Jon Book: ADJ12596424

HELD; NO REPORTABLE ACTION

Conference with legal counsel - Existing Litigation pursuant to Government Code Section

54956.9(d)(1): Robert Carey: ADJ14558748

HELD; NO REPORTABLE ACTION

Public Employee Performance Evaluation, Government Code Section 54957(b) - Title: County

Counsel

HELD; NO REPORTABLE ACTION

Conference with Real Property Negotiators - Government Code 54956.8. Property: Courthouse

Park (APN 466-160-01T) which is bordered by Tulare St., Van Ness Ave., Fresno St., and M

St.; County Negotiator: Paul Nerland, County Administrative Officer or Designee. Negotiating

Parties: Judicial Council of California, Under Negotiations: Instructions to County's negotiator

may concern exchange, purchase, or lease of properties, price, terms and conditions

HELD; NO REPORTABLE ACTION

23.1

23.2

Conference with legal counsel - Existing Litigation pursuant to Government Code section

54956.9(d)(1); Hall v. County of Fresno, United States District Court for the Eastern District of

California, Case No. 1:11-CV-02047-LJO-BAM

HELD; NO REPORTABLE ACTION

Conference with Real Property Negotiators - Government Code, Section 54956.8; UMC

Campus located at the corner of South Cedar Avenue and East Kings Canyon Road, Fresno,

CA; County Negotiator: Paul Nerland or designee. Negotiating Parties: Sevak Khatchadourian.

Instructions to County's negotiator may concern sale, lease and escrow terms and conditions

including price

HELD; NO REPORTABLE ACTION

Sitting as the In-Home Supportive Services Public Authority Governing Board:

24.

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

RECEIVED PUBLIC TESTIMONY PRIOR TO RECESSING TO CLOSED SESSION. HELD; NO REPORTABLE

ACTION

Adjourn

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

MEETING BE ADJOURNED. THE MOTION CARRIED BY THE FOLLOWING VOTE:

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

Ayes:

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 MAY 7, 2024

CONSENT AGENDA

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

THIS CONSENT AGENDA BE APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM 37 WHICH

WAS DELETED AND ITEM 39 WHICH WAS PULLED FOR DISCUSSION AND SEPARATE VOTE. THE

MOTION CARRIED BY THE FOLLOWING VOTE:

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

Ayes:

Board of Supervisors

Approve minutes for April 9, 2024

25.

APPROVED AS RECOMMENDED

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

Ayes:

Approve amendments to Conflict of Interest Code for Sierra Resource Conservation District

26.

APPROVED AS RECOMMENDED

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

Ayes:

Chairman Magsig

Adjourn in Memory of Barbara Goodwin

26.1

APPROVED AS RECOMMENDED

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

Ayes:

Supervisor Quintero

Proclaim April 23, 2024, as Fresno Mission Day in Recognition of 75 Years of Service

27.

APPROVED AS RECOMMENDED

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

Ayes:

Resolution No. 24-141

Auditor Controller-Treasurer/Tax Collector

28.

Authorize the Auditor-Controller/Treasurer-Tax Collector to distribute $10,772.40 in State

Highway Rental Property revenues received for Fiscal Year 2022-23 in accordance with Streets

and Highways Code section 104.10

APPROVED AS RECOMMENDED

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

Ayes:

29.

Approve and authorize the Chairman to execute Amendment No. 1 to Agreement No. 21-133

(“Amendment”) with InfoSend, Inc. for the purpose of extending the base term of the original

agreement for one year with an option for a further 12-month extension, adding Address

Change Services (“ACS”), and updating pricing on Data Processing, Printing and Mailing

Services (“DPPM Services”), effective April 23, 2024, with no change to the maximum

compensation of $700,000 during the two years provided in the Amendment

APPROVED AS RECOMMENDED

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

Ayes:

Agreement No. 24-182

Sheriff/Coroner/Public Administrator

30.

Approve and authorize Chairman to execute the Boating Safety and Enforcement Financial Aid

Program Agreement with the California Department of Parks and Recreation, Division of

Boating and Waterways for FY 2024-25 in the amount of $452,764; approve and authorize

Chairman to execute Resolution authorizing participation in the program and certifying all funds

will be used for boating safety programs and that all personal property taxes on vessels

collected by the County shall be expended on boating safety programs; authorize the Sheriff, or

his authorized representative, to sign quarterly claims for reimbursement and annual activity

reports; and authorize the County Auditor to certify the amount of prior year vessel taxes

received by the County of Fresno

APPROVED AS RECOMMENDED

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

Ayes:

Resolution No. 24-142, Agreement No. 24-183

County Counsel

31.

Approve and authorize the Chairman to execute Amendment No. 1 to Agreement for

Specialized Legal Services with Best, Best and Krieger, LLP, to include litigation services in

connection with the County’s General Plan Review and Zoning Ordinance Update and the

associated Environmental Impact Report, and to increase the maximum compensation by

$200,000 to a total of $500,000

APPROVED AS RECOMMENDED

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

Ayes:

Agreement No. 24-184

Administrative Office

32.

Approve proposed amendment to the County of Fresno’s American Rescue Plan Act - State

Local Fiscal Recovery Fund (ARPA-SLFRF) expenditure plan, revise the scope of work for the

Drinking Water Storage Tank to be implemented by Malaga County Water District

(Subrecipient), to instead fund the Final Design and Engineering for a Storage Tank at Well 5A,

and redesignate funding availability from Subrecipient Agreement No. 22-339 to Agreement

No. 22-172 for the construction of a groundwater well to be implemented by Subrecipient; and

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

No. 22-339 which will revise the scope of work from Drinking Water Storage Tank to instead

use ARPA-SLFRF funding for Final Design and Engineering for a Storage Tank at Well 5A,

update the expenditure plan, and reduce the agreement maximum by $2,479,561, to a total of

$87,664; and Approve and authorize the Chairman to execute First Amendment to Subrecipient

Agreement No. 22-172 with the Subrecipient which will revise the expenditure plan, update the

modification clause, and increase the agreement maximum by $2,479,561, to a maximum

compensation not to exceed the amount of $4,329,561, to fund the design and construction of a

groundwater well in the Community of Malaga; and Authorize the County Administrative Officer

or designee to approve and execute written changes to the items in the project budget for

Subrecipient Agreement No. 22-172, 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

APPROVED AS RECOMMENDED

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

Ayes:

Agreement No. 24-185, Agreement No. 24-186

33.

Approve and authorize the Chairman to execute a Second Amendment to Subrecipient

Agreement No. 22-338 with Tranquillity Public Utility District (Subrecipient) for provision of

American Rescue Plan Act - State and Local Fiscal Recovery Funds (ARPA-SLFRF), which will

revise the expenditure plan and the modification clause, with no increase to the maximum

compensation ($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 reimbursement payable to Subrecipient, and which do not result in any change to the

maximum compensation amount payable to Subrecipient

APPROVED AS RECOMMENDED

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

Ayes:

Agreement No. 24-187

Behavioral Health

34.

Approve and authorize the Chairman to execute a retroactive Amendment I to Agreement with

BHC Heritage Oaks Hospital, to modify the Scope of Work and rate sheet, effective January 1,

2024 with no change in term of July 1, 2023 to June 30, 2025 and increasing the maximum by

$3,920,000 to a total of $5,500,000

APPROVED AS RECOMMENDED

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

Ayes:

Agreement No. 24-188

35.

Approve and authorize the Chairman to execute a Program Funding Agreement with the

HORNE LLP for Community Care Expansion (CCE) Preservation Projects which will provide

support through Operating Subsidy Payment (OSP) funds to prevent closure of licensed

residential adult and senior care facilities, effective upon execution through June 30, 2029

($2,351,591) and Capital Project (CP) funds to prevent closure of licensed residential adult and

senior care facilities, effective upon execution through December 31, 2026 ($3,111,750); and,

approve and authorize the Director of the Department of Behavioral Health, or designee, as

signatory on behalf of the Board of Supervisors on associated grant agreement documents,

expenditure forms and reports, with no change to the compensation amount or term

APPROVED AS RECOMMENDED

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

Ayes:

Agreement No. 24-189

36.

Approve and authorize the Chairman to execute Amendment 1 to Agreement (State Agreement

#21-10080) with the California Department of Health Care Services, extending the term by

twelve months from June 30, 2024 to June 30, 2025 ($0)

APPROVED AS RECOMMENDED

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

Ayes:

Agreement No. 24-190

37.

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 a master agreement

as the contractors are the only vendors eligible to provide supplemental residential board and

care home services; and, approve and authorize the Chairman to execute a retroactive

Amendment I to Master Agreement to add Sacramento Behavioral Healthcare Hospital, LLC.,

effective December 1, 2023, with no change to the term of January 1, 2023 to June 30, 2025, or

compensation maximum of $58,000,000

DELETED

Human Resources

Adopt Resolutions Rejecting Claims for Damages

38.

APPROVED AS RECOMMENDED

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

Ayes:

Resolution No. 24-143, Resolution No. 24-144, Resolution No. 24-145, Resolution No. 24-146, Resolution

No. 24-147, Resolution No. 24-148

39.

Approve an Addendum to the Memorandum of Understanding for Representation Unit 2 -

Sheriff’s and Probation Personnel, represented by the Fresno County Public Safety

Association, effective April 29, 2024, and approve amendments to Salary Resolution Sections

100 and 1100, and approve the related Salary Resolution Amendment, as reflected on

Appendix “B”

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

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

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

Ayes:

Salary Resolution No. 24-018

Internal Services

40.

Approve and authorize the Chairman to execute the Purchase and Sale Agreement with Seller

for the County’s purchase of Property located at 3002 North Cedar Avenue, Fresno, CA 93703

(APN 447-031-71) (“Property”) from Seller, with an expected closing date of May 22, 2024, for

the sum of $550,000 (“Purchase Agreement”); Authorize and direct the Director of the Internal

Services Department/Chief Information Officer, or their designee, to take any action as deemed

necessary or appropriate, all of which shall be consistent with the Purchase Agreement, and the

foregoing Board approvals and actions, to: a. Open, carry out, and close escrow for the

County’s purchase of the Property from Seller; deliver the County’s refundable $100,000

deposit into escrow; deliver the County’s acceptance of Seller’s Grant Deed; and obtain title

insurance in favor of the County for the Property in the amount of the purchase price of the

Property at escrow closing; b. Review, approve, execute, and/or deliver any agreements,

documents, certificates, notices, and instruments, and any amendments to any of the foregoing

(subject to prior review and approval as to legal form by County Counsel, and, as applicable, as

to accounting form by the County Auditor-Controller/Treasurer-Tax Collector), and to take any

other actions to initiate, carry out, and finalize the County’s purchase of the Property from the

Seller; and c. Perform any other obligations, or exercise any other rights, of County under the

Purchase Agreement to finalize the County’s purchase of the Property; Adopt Budget

Resolution increasing the FY 2023-24 appropriations for Library Org 7530 in the amount of

$560,000 for purchase and escrow fees (4/5 vote); and Adopt Resolution authorizing the County

to pay its pro-rata share of Common Area Maintenance costs for the Property

APPROVED AS RECOMMENDED

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

Ayes:

Agreement No. 24-191, Resolution No. 24-149, Resolution No. 24-150

41.

42.

Adopt Resolution authorizing the County to pay its pro-rata share of Common Area

Maintenance costs for the County’s Betty Rodriguez Library

APPROVED AS RECOMMENDED

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

Ayes:

Resolution No. 24-151

Approve and authorize the Director of Internal Services/Chief Information Officer, or their

designee, to give 30-day prior written notice to R.F. MacDonald, Co., to terminate Agreement

No. 22-346 effective May 31, 2024, pursuant to the Without Cause provision of the Agreement;

and Approve and authorize the Director of Internal Services/Chief Information Officer, or their

designee, subject to approval by County Counsel as to legal form, to execute any documents or

certifications necessary to effect the termination of Agreement No. 22-346

APPROVED AS RECOMMENDED

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

Ayes:

Public Defender

43.

Approve Salary Resolution Amendment adding one (1) Social Worker Practitioner position,

while deleting one (1) vacant Defense Attorney I with no net increase in positions for the Public

Defender, effective April 29, 2024, as reflected in Appendix "E”

APPROVED AS RECOMMENDED

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

Ayes:

Salary Resolution No. 24-015

Public Health

44.

Approve and authorize the Chairman to execute a Participation Agreement with the California

Department of Public Health for access to the California Integrated Vital Records System

effective upon execution by the California Department of Public Health for a term of five years

($0); and authorize the Director of the Department of Public Health, or designee, to execute

Amendments to the Agreement with California Department of Public Health, subject to approval

by County Counsel as to legal form, for the Integrated Vital Records System related to new

standards and requirements imposed by the California Department of Public Health

APPROVED AS RECOMMENDED

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

Ayes:

Agreement No. 24-192

Public Works and Planning

45.

Conduct second hearing to amend Master Schedule of Fees, Charges and Recovered Costs

Ordinance by Amending Sections 1000 - Computer Services (EMIS), subsection 1001; Section

1500 - Parks and Recreation, subsection 1509; Section 2200 - Public Works, subsections

2203, 2207, 2208, and 2209; and Section 2500 - Development Services and waive reading of

ordinance in its entirety; adopt ordinance

APPROVED AS RECOMMENDED

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

Ayes:

Ordinance No. 24-005

46.

Approve and authorize Chairman to execute Quitclaim Deeds conveying segments of

right-of-way to the City of Fresno, at and near the intersection of E. Tulare Avenue and N.

Minnewawa Avenue ($0) (4/5 vote)

APPROVED AS RECOMMENDED

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

Ayes:

47.

Approve and authorize Chairman to execute Quitclaim Deeds conveying the County’s current

interest in Public Street right-of-way (portions of APNs 511-220-25s, 26s, 27s, and 28s) to the

City of Fresno, located on the south side of W. Dakota Avenue, at and near the intersection of

N. Milburn Avenue, in the area generally bounded by N. Cornelia and N. Blythe Avenues,

adjacent to the Fresno city limits to the north ($0)

APPROVED AS RECOMMENDED

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

Ayes:

Social Services

48.

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 sole source 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 CalSAWS

Consortium as the CalSAWS Consortium is a Joint Powers Authority formed by all 58 California

Counties; and, approve and authorize the Chairman to execute the County Purchase Agreement

with the CalSAWS consortium for the purchase of Purpose-Built, Curated Data Set (PBDS)

access and Technical Training, on behalf of the County, effective August 1, 2024 through July

31, 2025 with a total cost not to exceed $469,251

APPROVED AS RECOMMENDED

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

Ayes:

Agreement No. 24-193

49.

Approve and authorize the Clerk of the Board to Execute Budget Transfer No. 14 and No. 15

transferring FY 2023-24 appropriations within the Department of Social Services Organization

56107001 from account 7870 (Support and Care of Persons) to account 8300 (Equipment) in

the amount of $529,500

APPROVED AS RECOMMENDED

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

Ayes: