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Mar 22 115 tweets 37 min read
March 22, 2022 Fresno County Board of Supervisors meeting! An unusually packed agenda for them. Among the items Mid-Year budget report;include Brandau/Mendes letter asking for more domestic oil drilling;ARPA funding for local Garlic Festival;micro-brewery Shaw/Academy;
General Plan progress report;Among the Consent Agenda:29. Adopt Resolution recognizing the 50th Anniversary of the Nisei Farmers League
30.Adjourn in Memory of David Cardenas, Mayor of the City of Fowler
31. Adjourn in Memory of Raquel Guerra
32. Adjourn in Memory of John Crumble
32.1 Adjourn in Memory of Virgil Eischen
32.2 Adjourn in Memory of Major Nhia Long Vang
46. Approve and authorize the Chairman to execute a Lease Agreement with Sunnyside Square
Investments, Inc. for a building containing approximately 18,033 square feet of office space and
adjacent parking stalls located at 5566 E. Kings Canyon Road, Fresno, CA 93727, for the
Sunnyside
Regional Library, effective April 1, 2022, not to exceed five consecutive years, which includes a
one-year base contract and four optional one-year extensions, total not to exceed $1,109,719 @Coldrain76
51 Accept the Measure B Citizens Review Panel’s FY 2020-2021 Annual Report
59. Charge Up! Program Grant for Electric Vehicle Charging Stations at Sheriffs’
Substation Area 2
62. Agreements with Centro La Familia Advocacy Services and Exceptional Parents
Unlimited for Neighborhood Resource Center Services
Meeting begins with all Supervisors present. Invocation Dr. Kelvin Morgan of Harvest Harmony Church.
Pull consent item 33 by Auditor Office. #48 by member of public. #58 pulled by member of public. Will be heard after item #7.
3. Presentation of Retirement Plaque to Veronica Blanco - Social Services Department - 20 Years of
Service "She was a Lead Worker and trained many fellow workers and was a patient teacher." Veronica:I loved the job!
4. Presentation of Retirement Plaque to Kelley Juhrend - Behavorial Health - 34 Years of Service
Susan Holt:she values the ideals of the department. Joseph Rangle:Began in business office and later transferred to Behavioral Health.She was good at everything.Honest, caring, and
gave wise advice. Kelley:34 years went very fast! I worked for wonderful people!
5. Presentation of Retirement Plaque to Janelle Kelley - County Counsel - 28 Years of Service
Counsel Cedarborg:She helped me as I first came here. She handled administration and still had time to advise. There will be a gap professionally and personally when she has gone.
Kelley: It has been a real privilege to work for the County. Mendes:your counsel will be missed. Quintero:You were not on the organizational chart two years ago so I knew something was up. Clerk:You will be missed!
6.Proclaim March 22, 2022 National Ag Day in Fresno County Pacheco:as a 4th generation farmer I am proud to announce it is National Ag Day. Ryan Jacobsen:People celebrated green last week but I am here to celebrate the original green:Ag! I am 4th generation too! We have more
diversity than any other state. Everyone in the Nation eats something from our backyard whether milk, nuts etc. If you love foreign oil you will love foreign food. We need to pay attention to our water otherwise...Next:Lorna: we are advocacy and I am 5th generation! Magsig: I am
6th generation consumer of food! 14 times the citrus in 100 mile radius of Fresno than all of Florida and more peaches than Georgia. Public:David Scheiger of Phelps engineering. I am impressed with the ag in Fresno. Just amazing! We need to brand Fresno as Ag Tech to rival Van-
-couver BC. We need to get High speed Rail going. A Mickey Mouse Disco concert to school kids to Freedom Elementary School. I am going to try to negotiate that concert from Disney.
7.Proclaim April 2022 National Volunteer Appreciation Month in Fresno County. Volunteers save taxpayers millions of dollars whether Search and Rescue, Jail Chaplaincy etc.Sheriff Mims:I have some volunteers that represent 400. Sheriif Foundation hopes to re-start Crab Feed again
Search and Rescue Mountaineers who do the hiking where vehicles cannot get to easily. Others have 4-wheel drives to enter rugged terrain. Air Squadron with private planes.Search and Rescue Posse members here as well. No volunteers to speak on behalf of the group!
@NathanMagsigCA During creek fire volunteer's Shaver Lake church helped families. They also helped to drill 100 wells for families after the fire. Brandau:Could not get the job done with out your work. Quintero:volunteering is the best thing a town can have.Public: David Shwaigle
these volunteers give a great help to County. The city of Fresno's PD is helpful I heard missionaries as a college student and I heard Fresno had the most crime. It is no longer in the top ten. That says a lot regarding the work of volunteers and paid Law Enforcement.
Contested Consent:
33. Decision on Claims for Excess Proceeds Resulting from 2020 Sale of Tax Defaulted Properties. Megan Marks:We want to withdraw item 166 due to a late change. We recommend approving the rest.Cedarborg:I agree. APPROVED
48. Notice of Material Breach, Demand for Rent Due, and Termination of Lease Agreement (Batth Ranch) Mrs. Batth:I am shocked that it is here. I have reached out numerous times to Public Works. What is remedy? Dates and amounts are not correct.Public Works:Lease went deliquntent
in late 2020. I have not received a revised payment plan until last week. Batth:I reached out and make payment if i could. I made lump sum March 2020 to pay 2nd/third quarters.$39,000 which is more than 25%. Rent increase occured, although I thought there was a freeze. I reached
out saying I had a problem with Covid occurring. Eviction now even with March not even over. Communication stopped March 2021. A zoom occurred where the staff was rude when they thought they were on mute. Magisg:you were high bidder.Covid has been devastating.When lease payments
are missed it is actually tax payers who miss out. It is a 25 year lease.What made you think you could stop lease payments? Batth: a state protection due to Covid as long as I reached out to my landlord and pay at least 25%.I let them know 2021 would be difficult. Pacheco:that
moratorium was for housing only and not commercial properties. Batth:we sold some almonds but have some remaining. I have paid large vendors like harvesting but not County due to moratorium.Magsig:I assume you took loan from bank to start crops? A:Yes. Magsig:my challenge is that
you were part of creating the lease agreement. Batth:I never had the conversation that I was protected from staff. I just have a lot invested in it. Pacheco:No payment to County taxpayers for a year and no plan to do so was mentioned.After a year of no payment than this next step
You have 30 days to get this settled or you lose the lease.APPROVED 5-0
58. Amendment to Agreement with Rincon Consultants, Inc. for Additional Contingency Funds to Complete work for The General Plan Review and Zoning Ordinance Update Mariana from @LCJandA We are glad to see Board changed some items regarding extreme heat, forest fires. The public
that are the first to deal with Climate Changes need to be engaged to get public feedback. Next:Brandi: @LovesMercy I agree with those staments. Bob McCloskey:I stand in support of the previous two speakers.We are in a drought and fires will get worse. Next:David Schwagle:
our air quality is in the toilet. Counsel:these comments will be more appropriate in General comments.
8. Consideration of resolution urging the increase of domestic oil production to replace
Russian oil and gas imports.Sponsored by Masig and Brandau
On February 24, 2022, the nation of Russia invaded the neighboring nation of Ukraine. Consequently, more
than 140 nations have
condemned the invasion and many of those nations, including the United States, have
banned or restricted the importation of Russian goods and resources, including oil. This has added increased pressure to global oil prices which had already been rising steadily since 2021.Within
a week of
the start of the conflict, gasoline prices shot up more than 50 cents per gallon nationwide, breaking previous
price records.
With the formal ban on imports of Russian oil and gas signed by President Biden on March 8, it is expected that there will be further strain
put on the nation’s energy supply and already record-high fuel prices. These
energy costs are putting a major strain on the residents of Fresno County, as well as Fresno County’s
agriculture and transportation and construction industries.
The Biden Administration is currently
seeking additional supplies from foreign powers like Venezuela and
Saudi Arabia, however domestic oil production is still operating at reduced levels, especially here within
California where state policy seeks the outright elimination of fossil fuel production.Oil producers are
eager
to expand production, but they continue to run into regulatory and political barriers both nationally and in
Sacramento.
Fresno County’s oil fields are a vital part of our local economy, paying significant taxes and providing
hundreds of jobs, and they are important to the
US domestic energy market. Local oil production is a cleaner, cheaper, and more efficient source of oil than overseas imports, bolstering domestic supplies are critical not only for the current price shock, but for ongoing domestic energy security.
It is recommended that your
Board approve the attached resolution urging Federal and State legislators to
support the embargo of Russian oil and gas imports and to act urgently to assist with the expansion of
domestic sources including those in Fresno County, and direct staff to coordinate efforts with the
County’s
Federal and State lobbyists to transmit the approved resolution to our Federal and State legislators as well
as California Governor Newsom.Magisg:lots of countries don't have the same values as we do. We can produce oil here and it will lower climate change as it won't
need to be shipped here. Mendes:Oil produced in CA is the cleanest in the world. Air is 80% cleaner than it was in 1980's.Brandau:Chevron is in top 5 of tax payers in Fresno county. David Shwagel:we need to concentrate on Electric cars here. I test a Niro EV that was amazing.
We need to get to more EV sales. Brandi:I agree with that statement. Brandau:there will be a press conference later with oil, ag and LABOR.
APPROVED 5-0
9.Receive presentation and provide direction to staff, including setting an amount, regarding the
earmarked proposal for ARPA State and Local Fiscal Recovery Funds by National Food Festivals
Inc. for costs to conduct its 2022 National Garlic Festival & Food Expo at the Fresno
County
Fairgrounds in May 2022.On February 1, 2022, your Board approved the earmarking of State and Local Fiscal Recovery Funds
(SLFRF) for a proposal by National Food Festivals Inc.The American Rescue Plan Act of 2021 (ARPA) established the Coronavirus State and Local Fiscal
Recovery Funds (SLFRF) Program, which delivers $350 billion to state, local, and Tribal governments across the country to support their response to and recovery from the COVID-19 public health emergency.
The Department of the Treasury’s 31 CFR Part 35 Coronavirus State and Local
Fiscal Recovery Funds
Interim Final Rule (“Interim Final Rule”) (for expenditures before April 1, 2022) and Final Rule (“Final Rule”)
establish a framework for determining the types of programs and services that are eligible under the ARPA.
SLFRF may be used for eligible
activities under four general categories:
A. Respond to the COVID-19 public health emergency or its negative economic impacts;
B. Provide premium pay for essential workers;
C. Replace public sector revenue loss, subject to certain limitations; and File Number: 22-0219
D. Make
necessary investments in infrastructure such as water, sewer, and broadband. @BuddySupervisor What is total request of all ARPA funds? A:$74 million. $37 Million was approved by this board. This falls in negative impact to tourism category. Brandau:the amount requested for ARPA
is off the hook. Lots of good projects out there but not all won't get it. Infrastructure will get most. I do think Rodeo and this Garlic Festival. I will approve this. @NathanMagsigCA $225,000 of ARPA for marketing this festival.How can this benefit the County? Lisa:
projected to fill 10,000 hotel beds. Possibly new visitors that may come back again. I am not sure if City of Fresno is on board but promoter may know. Mendes:the amount is a lot and the garlic industry should provide some of this funding. I am in favor of a lesser amount. David
Shwagle:We have a donkey in Nevada that says "get your ass in gear"We need to do the same by building more hotels. Next:peter DeYoung promoter: No Garlic promotion so it falls on individual companies. 75% of USA's garlic comes from Fresno county.We need to promote that. Industry
is supportive such as Spice World and will spend some of their money. Largest Garlic processor in United States.They started Gilroy garlic festival but they use our garlic and we need to bring that festival to Fresno.We want to ask County for x amount and same with City of Fresno
Nico DeYoung:it is an expensive to put on and we are 51 days away but without this funding it won't happen. Pacheco:This is should be a privately funded. No income loss as this has never occurred like Clovis Rodeo, Cantelope Festival. These occur without public funding. Other
items like helping kids get their teeth fixed or veterans is more appropriate use of ARPA.Magisg:We are not giving money away but seeding the event.We want people to know we produce the most garlic. This will generate more resources than it will take.A great opportunity and help
hotels and restaurants. Quintero:were other entities able to apply for ARPA? A:a few applied.Quintero:this will help bring in tourists and expand our economics in the County.People want to attend something and do something. Breathe fresh air and fresh garlic! I am in favor of
this. Magsig:can we modified that we are in partner in advertisements. Pacheco: i am still agaisnt it. APPROVED 3-2 with Mendes voting NO too
10. &Screenshot the Parts I-IV Receive Mid-Year Budget Report for Fiscal Year 2021-22; and
2. Approve proposed schedule for the Recommended Budget and adoption of the Fiscal Year
2022-23 Budget, which incorporates a Recommended Budget by June 21, 2022 with
adjustments to this
Recommended Budget to be presented beginning September 12, 2022. The Mid-Year Budget Report for FY 2021-22 is an opportunity to review the financial condition of the
Operating Budget approved by the Board of Supervisors on September 13, 2021. It also provides an
opportunity to
evaluate the fiscal outlook, allowing adequate preparation for the FY 2022-23 Budget.
Part I of this report addresses the mid-year financial condition of the General Fund Budget for the current
fiscal year. Part II discusses preliminary projections for the next fiscal year. Part
III addresses the potential
impacts of the Governor’s Proposed 2022-23 Budget issued in January 2022 to the County. Part IV
discusses the Proposed Budget development schedule for FY 2022-23.
World events are a concern. Some ARPA discretionary dollars and FEMA Reimbursement for Creek Fire should be put into high priority fund. We think June 21 we will bring proposal to Board. APPROVED
11. Homelessness: Update, 2022 Priorities, & the Multi-Agency Response Support the structure of the Multi-Agency Response to Community Homelessness, (MARCH) which will serve as a regional collective impact initiative maintaining focus on the community’s
adopted homelessness
priorities. CAO ANALYST:
Sonia M. De La Rosa.
Street to Home becomes MARCH. Magsig:When 14 priorities were accepted how many housing units were created? Sonia:600 counting all sources. City of Fresno acquired quite a lot. We acquired one. COVID beds have transitioned to other uses. Rural areas want to stay there so it has
hard to place them . We are not Homekey 2 but probably Homekey 3. Magsig:all the housing doesn't mean anything without wraparound services. Governor was here last week to talk about mental health in a conservatorship. State framework needs to be fleshed out still. Homeless people
are resilient and probably fall outside the requirements. Brandau:structure of deal. Does it let County remain autonomous? A:not required to spend the money. We need to identify what needs are not being covered by Fed/State especially one time money. How will it be sustained.
Quintero:services being provided were hard to implement but homeless numbers are increasing. A:we did point of time count in February and will probably go up in numbers. What is services for Madera/Fresno.We can provide a spreadsheet to each Supervisor. Public:McCloskey:I agree
with many of these points. I had to give rides to those wheelchairs. Trained social workers and mental health needed. Housing must be offered to those in camps. Housing First approach is missing here. Continuem Care model is used instead. We need ways to protect people year round
Housing First is best way to deal with drug addictions.David Schwagle:In support of Housing First. It is a problem state wide. 1 out of 4 homeless are in California. Sacramento Mayor Steinberg needs to be involved with this. I almost was homeless last year. Had it not been for my
wife we would have lost the house. Next:Who is separating the drug addicts from the disabled. Next:Lethal a homeless advocate says we are not being included in these efforts.I do a better job than Poverello just from my car's trunk. They need improve.People have insulin or
their family photos. They need to be able to clean up after themselves but need supplies.@LovesMercy Brandi:Homeless priority needs homeless need to be at the table where decisions are made.Speak with one voice but if no housing it is hard.
there is nothing for those waiting a
year even. Relocations are just displacement. Disabled and elderly need transportation. People want to stay in their own neighborhood. Jobs are needed too. Magsig makes motion to approve. APPROVED 5-0
12. June 30, 2021 Annual Actuarial Report and FY 2022-23 Retirement Contribution
Rates. File Number: 22-0082
ALTERNATIVE ACTION(S):
Your Board may defer implementation of the recommended rates up to 90 days after the end of current FY
2021-22; however, that would delay the timing
of the assumed funding of FCERA, as recommended by
Segal, and result in an adjustment by way of a subsequent Actuarial Valuation and Review report, and
related likely increased employer and FCERA member contribution rates, as such deferred contributions
would be provided as a
percentage of annual assumed payroll in a shorter time period than presently
assumed by Segal over the entire fiscal year (i.e., the recommended rates are assumed to be effective
starting July 1, 2022). The Board of Supervisors also has the option of timely pre-funding
contributions
based on the new rates, which would lower future rates on a relative basis.
FISCAL IMPACT:
The following are based on a review of the Actuarial Valuation and Review report, and, as applicable, are
rounded to the nearest thousand, shown as changes from FY 2021-22 to
FY 2022-23, or, where stated as a
percentage of payroll, are based on a projected covered payroll of $482.5 million as of FYE June 30, 2021:Pg. 32 - The average member contribution rate will increase 0.62%, from 8.99% to 9.61% of payroll,
primarily attributed to the changes in
economic assumptions adopted by the Board of Retirement.
Pg. 121 - The average employer contribution rate will decrease across all retirement tiers. The overall
composite employer rate will decrease 4.18%, from 54.32% to 50.14% of payroll (This is after considering
the two-year
phase-in approved by the Board of Retirement the Actuarial Valuation and Review report; see p.
7).
Pg. 121 - The decrease in the employer contribution rate in FY 2022-23 is estimated at $20.2 million, from
$262.1 million to $241.9 million assuming no change in plan sponsors’
projected payroll.
Pg. 81 - The administrative expense load will increase by 0.10% from 1.20% to 1.30% of payroll.
Pg. 24 - FCERA’s investment portfolio gained 27.33% in Market Value during the fiscal year 2020-21. The
return was 20.33% higher than the assumed rate of return of
7% (or 20.83% higher than the 6.50%
assumed rate of return which changed with this valuation) on the Market Value of Assets. Investment gains
APPROVED
13. Kirk Haynes, Chief Probation Officer
Retroactive Agreement with the Superior Court of California for Expansion of the
Pretrial Program. Approve and authorize the Chairman to execute retroactive Agreement with the Superior
Court of California to expand the Probation Department
’s Pretrial Services Program
effective July 1, 2021 for a term of three years, total not to exceed $8,320,404;
2. Authorize the Chief Probation Officer, or designee, to accept any additional funding
allocation from the Superior Court of California;
3. Adopt Budget Resolution
increasing the FY 2021-22 appropriations and estimated revenues
in Probation Org 3430 in the amount of $883,177 (4/5 vote); and
4. Approve Amendment to the Salary Resolution adding the following positions: two Assistant
Deputy Chief Probation Officers, three Deputy Probation
Officers IVs, two Probation
Technicians, one Program Technician, and one Office Assistant to Probation
APPROVED 4-0 with Brandau absent
14.Amend Fresno County Ordinance Code Chapter 4.08, Uniform Public Construction
Cost Accounting Act. This amendment would increase the limits for public project force account, negotiated contract and
purchase order work to $60,000, and would allow the County to bid and award
contracts for public projects
under $200,000 using informal procedures, as allowed under the UPCCAA. The amendment will reduce
significantly the administrative costs associated with smaller projects and will expedite commencement of
their construction.
APPROVED 4-0
15. Initial Study No. 8111 and Classified Conditional Use Permit No. 3717 (Applicant:
Ken and Suzan Blair) he applicant is requesting to establish a micro-brewery and tasting room as a new use within an existing
Agriculture Commercial Center (ACC) located northeast of the
intersection of Shaw and Academy Avenues and within the AE-20 Zone District. The use will occupy a 3,687 square-foot tenant space (Suites A and B)
within an existing 8,000 square feet commercial shopping center. No exterior improvements are proposed or
required for the project.
The Agricultural Commercial Center was originally approved by Board action in
December of 1990 with approval of CUP No. 2402.
Staff:Zoning requires it to come to Board. APPROVED 4-0-1
16. 2021 General Plan Annual Progress Report. As noted in the attached Planning Commission Resolution (Attachment A), the Commission voted to
recommend that your Board accept the 2021 APR with a recommendation that the Board of Supervisors
consider allocating five additional
Planner positions and additional funding to implement the General Plan
programs.
Staff has determined that with the recommended modifications noted above, that the APR satisfies the
requirements of Government Code, Section 65400 regarding APR preparation and the Fresno County
General Plan Program LU-H.D to serve as mitigation monitoring under Public Resources Code Section
21081.6. The 2021 APR details the continued implementation of 122 General Plan programs as well as
implementation of the programs of the Housing Element.
Public comments at Planning
Commission. Response to those comments provided.
An additional letter arrived this morning too.Public:Radley Reep I have wrangled with County for ten years. It doesn't comply with State law. I was surprised by some of the problems. If no money is there to implement it it will be doomed to failure. These are terrible reasonings
for not doing this. Pattern continues. We find ways that are not written out in the plan. Don't turn this into the State.Pacheco:Does this meet minumum standards?Cedarborg:yes it does. APPROVED 5-0
17. Sitting as the Fresno County Board of Supervisors: conduct a public hearing on Annual Water
Conservation Report; and adopt Resolutions declaring Water Conservation Stages from April 1,
2022 - March 31, 2023, and impose corresponding regulations within County Service Area
No. 1;
5; 10; 10A; 14; 23; 30; 32; 34, Zones A, C, D, F, & G; 34B; 39AB; 43W; 44C; 44D; 47; and 49
under Fresno County Ordinance Code Chapter 14.01
@LCJandA Cantua Creek has issues with drought. We need proper notice provided to CSAs. APPROVED 5-0
Selected CLOSED SESSION Item
27. Conference with Real Property Negotiators - Government Code, Section 54957(a); UMC Campus
located at the corner of South Cedar Avenue and East Kings Canyon Road, Fresno,
General Public comments:David Schwagel I moved out here 3 years ago to work for High Speed Rail on change orders. I had to sign paperwork under duress and put my engineering license in jeopardy. Fresno to Sacramento rail line should be priority.
Brandi:EV vehicles is a priority. ARPA needs to get to underserved in community.Next:Nestor says Illegal dumping. I have junk removal business. Taxpayer money gets used inappropriately. We can't stop it but we need to allow vendors to work with County.Only 3 vendors now.
Brandau:i think solution will come from people like Nestor.
NEXT MEETINGS:
April 5, 2022 - 9:30 AM
April 19, 2022 - 9:30 AM

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