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HomeMy WebLinkAboutM111301BOARD OF SUPERVISORS MINUTES R.J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUX, 3rd District CURT JOSIASSEN, 4th District KIM YAMAGUCHI, 5th District November 13, 2001 Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Beeler, Dolan, Houx, Yamaguchi, and Chair Josiassen. Also present: Lawrence Odle, Interim Chief Administrative Officer; Bruce Alpert, County Counsel; and Dorothy Bell, Deputy Clerk of the Board. Pledge of Allegiance to the Flag of the United States of America. Invocation - Melvin Pearson, Representative, Grace Community Church, Chico. 01-347 Items removed from the Consent Agenda for Board consideration and action. (64) 1. Reconstruction of Humboldt Road from Dead Horse Slough to El Monte Avenue - County Project No. 55281-2000-1 - Contract Change Order (CCO) No. 1 - CCO No. 1, in an increasing amount not to exceed $90,000, provides for asphalt concrete overlay and roadway stripping for an additional 0.59 miles of roadway on Manzanita Avenue, La Quinta, and Dorado Cerro. The additional roadway construction is being funded with the balance of STIP funds (1000 reimbursable State funds) remaining for this fiscal year - action requested - APPROVE CCO NO. 1 AND AUTHORIZE THE CHAIR TO SIGN. THIS ITEM REMOVED FROM THE CONSENT AGENDA WITHOUT BOARD CONSIDERATION OR ACTION; THIS ITEM WILL RETURN ON A SUBSEQUENT AGENDA. Page 474 November 13, 2001 November 13, 2001 01-347 2. Maximus, Inc. - Board approval is requested by the Administrative Office for an agreement with Maximus, Inc., for the provision of recruitment services for the position of Chief Administrative Officer. The term of the agreement is for the length of the recruitment (estimated at 100 days), with a maximum amount payable of $25,500. Board approval is also requested for a budget transfer from the Appropriation for Contingencies to the Administrative Office budget to provide funding for the agreement - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER B-124 (4 /5 vote required) TRANSFERRING FUNDS FROM THE APPROPRIATION FOR CONTINGENCIES FUND. 3. Cayenta, Inc. - Board approval is requested by the General Services Director for an agreement with Cayenta, Inc., for the acquisition and first year operating expenses of MainSaver-M Enterprise software. The software will be utilized to implement a computer-aided maintenance management system. The term of the agreement is for one year, with a maximum amount payable of $53,306 (Facilities Services budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13295) Consent Acrenda O1-348 1. Approval of Minutes - action requested - APPROVE MINUTES OF OCTOBER 9, 2001. 2. Budget Transfers - action requested - APPROVE BUDGET TRANSFERS B-120 (PUBLIC HEALTH); AND B-116, B-118, AND B-119 (PUBLIC WORKS). All budget transfers listed above require a 4/5 vote. 3. Library Donations - in accordance with Government Code Section 25355, donations of $2,335 from the Chico Friends of the Library, $1,300 from the Paradise Friends of the Library, $894.60 from the Friends of the Library in Oroville, and $200 from the staff and volunteers of the Butte County Library have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. Page 475 November 13, 2001 November 13, 2001 O1-348 4. County Service Area Charges - Board approval is requested by the Public works Department for a resolution directing commencement of proceedings to impose increased annual service charges in County Service Areas 60, 62, 66, 68, 75 and 103. The resolution sets a public hearing for Tuesday, January 8, 2002, to consider all objections or protests to the increased charges - action requested - ADOPT RESOLUTION O1-131 AND AUTHORIZE THE CHAIR TO SIGN. 5. Redevelopment Committee for Greater Chico Urban Area Redevelopment Project Area (GCUARPA) and Chico Merged Redevelopment Project Area (CMRPA) - action requested - APPOINT RICHARD J. TIMMONS, PUBLIC MEMBER/COUNTY, TO A TERM TO END JANUARY 1, 2005. 6. Tri-County Economic Development District and Tri-County Small Business Development Advisory Committee - action requested - APPOINT DARCIA JOHNSON, REPRESENTATIVE, TO A VACATED TERM TO END JUNE 2002. 7. Award of Bid No. 11-02 - Pumping and Disposal of Liquids from the Neal Road Landfill - bids have been opened for the pumping and transportation of septage supernatant and leachate liquids from the Neal Road Landfill with the low bidder being A/C Industrial Services Corporation of Chico, in the amount of $0.0232 per gallon, or $104,400 - action requested - AWARD BID AND AUTHORIZE THE CHAIR TO SIGN CONTRACTING AGREEMENT. (Contract No. X13283) 8. District Attorney - Computer Server Purchase - Board approval is requested by the District Attorney's Office to purchase a computer server in an amount not to exceed $9,850. The purchase will be funded with COPS funds, and will support the department's efforts to upgrade and acquire computer equipment which will enable law enforcement access to the District Attorney's case tracking system, and to provide for a future interface with the Court's automated system - action requested - APPROVE FIXED ASSET PURCHASE OF COMPUTER SERVER IN AN AMOUNT NOT TO EXCEED $9,850; AND APPROVE BUDGET TRANSFER B-122 WITHIN THE COPS BUDGET UNIT TO PROVIDE FOR THE PURCHASE. 9. Juvenile Hall Project - Substitution of Subcontractor - the General Services Director has received notification from the legal representative of the listed masonry subcontractor for the Juvenile Hall project, Sacramento Masonry, that they will be unable to perform their work as a result of bankruptcy proceedings. Pursuant to Public Contract Code Section 4107(c), Board approval is requested to substitute John Jackson Masonry as the masonry subcontractor for the project - action requested - APPROVE SUBSTITUTION OF JOHN JACKSON MASONRY AS MASONRY SUBCONTRACTOR FOR THE JUVENILE HALL PROJECT. Page 476 November 13, 2001 November 13, 2001 O1-348 10. Southside Oroville Community Center - Contract Change Order (CCO) No. 5 - CCO No. 5, in the overall increasing amount of $59,929.58, provides for a credit of $9,261.25 for the deletion of panel folding doors, an increase of $17,252.55 for the addition of the wing 200 bathroom, and an increase of $51,938.28 for the revised wing 200 in- fill addition. The construction budget includes provisions for contingencies to cover the cost of the change order - action requested - APPROVE CCO NO. 5 AND AUTHORIZE THE GENERAL SERVICES DIRECTOR TO SIGN. 11. Monthly Investment Report - the Treasurer-Tax Collector submits the September 28, 2001, report in accordance with the Butte County Statement of Investment Policy dated July 1, 2001 - action requested - ACCEPT FOR INFORMATION. 12. Fire Truck Financing - Board approval is requested by the Treasurer-Tax Collector to solicit bids to provide financing for the acquisition of five fire trucks approved in the fiscal year 2001-2002 budget. The financing will be provided through the issuance of debt, or through a lease purchase agreement. Bids will be solicited from either underwriters and bond counsels, or from leasing companies - action requested - AUTHORIZE TREASURER-TAX COLLECTOR TO SOLICIT BIDS. 13. Butte County Fair Operating Budget 2002 - Board approval is requested by the Butte County Fair Association for the Butte County Fair budget for 2002 - action requested - APPROVE BUDGET AND AUTHORIZE THE CHAIR TO SIGN. 14. Fiscal Year 2001-2002 Transit/Transportation Claims - pursuant to the Transportation and Development Act, the Public works Department has prepared claims for SB 620 funds for public transportation projects, and SB 325 funds for public transportation and streets and roads projects - action requested - APPROVE CLAIMS AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN. 15. Adoption of a Salary Ordinance Amendment - the Department of Employment and Social Services has requested the Department of Human Resources prepare a salary ordinance amendment which deletes one position of Social worker Supervisor II from the Administration budget unit (570- 001), and adds one position of Social worker Supervisor II to the Services budget unit (570-004). The position was assigned to the Administration budget unit for the duration of a special project and is being transferred back to the Services budget unit now that the project has been completed - action requested - ADOPT ORDINANCE 3781 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 10-23-O1 [3.15]) Page 477 November 13, 2001 November 13, 2001 O1-348 16. Adoption of a Salary Ordinance Amendment - the Department of Employment and Social Services has requested the Department of Human Resources prepare a salary ordinance amendment which deletes two positions of Information Systems Analyst II, and adds two flexibly staffed positions of Information Systems Analyst III/II/I. The change will provide the department with greater flexibility in staffing choices, and will keep the positions consistent with other Information Systems Analyst positions in the department - action requested - ADOPT ORDINANCE 3782 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 10-23-O1 [3.16]) 17. Adoption of a Salary Ordinance Amendment - the Butte County Department of Behavioral Health has requested the Department of Human Resources prepare a salary ordinance amendment which creates the classifications of Psychologist II ($26.11-$31.73) and Supervising Psychologist ($28.85-$35.07), and retitles the positions of Psychologist to Psychologist I, in response to a study on the organizational structure of the Psychological Services Division. The ordinance also deletes four positions of Psychologist, and adds three positions of Psychologist II/I, and one position of Supervising Psychologist to implement the new structure - action requested - ADOPT ORDINANCE 3783 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 10-23-O1 [3.17]) 18. Adoption of a Salary Ordinance Amendment - the Butte County Department of Behavioral Health has requested the Department of Human Resources prepare a salary ordinance amendment which deletes one flexibly staffed position of Mental Health Clinician II/I, and adds one position of Supervisor-Mental Health Counselor in support of the Drug Treatment Program under Proposition 36 - action requested - ADOPT ORDINANCE 3784 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 10-23-O1 [3.18]) 19. Adoption of a Salary Ordinance Amendment - the Probation Department has requested the Department of Human Resources prepare a salary ordinance amendment which deletes one flexibly staffed position of Legal Typist Clerk/Office Assistant III/II/I, and adds one flexibly staffed position of Legal Secretary I/Legal Typist Clerk as the result of a classification study - action requested - ADOPT ORDINANCE 3785 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 10-23-O1 [3.19]) Page 478 November 13, 2001 November 13, 2001 O1-348 20. Introduction of a Salary Ordinance Amendment - the Butte County Department of Behavioral Health has requested the Department of Human Resources prepare a salary ordinance amendment which adds one flexibly staffed position of Mental Health Clinician II/I, one flexibly staffed position of Senior Mental Health Counselor/Mental Health Counselor/Mental Health worker, one position of Supervising Health Education Specialist, and two positions of Health Education Specialist II. All positions are in support of the Youth Development Crime Prevention Project and have a sunset date of June 30, 2004 - action requested - WAIVE READING OF THE ORDINANCE. 21. Introduction of a Salary Ordinance Amendment - the Public Health Department has requested the Department of Human Resources prepare a salary ordinance amendment which extends the term date of one position of Public Health Nurse II to December 31, 2002. The position was added to provide support as a result of a staff member's extended medical leave. The medical leave period has been extended for an undetermined time, and the extension is requested to continue the needed support - action requested - WAIVE READING OF THE ORDINANCE. 22. Introduction of a Salary Ordinance Amendment - the Farm and Home Advisor has requested the Department of Human Resources prepare a salary ordinance amendment which deletes one position of Principal Clerk, and adds one position of Administrative Services Assistant as a result of a classification study - action requested - WAIVE READING OF THE ORDINANCE. 23. Introduction of a Salary Ordinance Amendment - the Probation Department has requested the Department of Human Resources prepare a salary ordinance amendment which deletes one position of Legal Typist Clerk, and adds one flexibly staffed position of Legal Secretary I/Legal Typist Clerk as a result of a classification study - action requested - WAIVE READING OF THE ORDINANCE. 24. Introduction of a Salary Ordinance Amendment - the Sheriff's Office has requested the Department of Human Resources prepare a salary ordinance amendment which adds two flexibly staffed term positions of Public Safety Dispatcher/Public Safety Dispatcher Trainee (terms to end 6-30-02) The positions are being requested to provide support for two incumbents currently on long-term disability status - action requested - WAIVE READING OF THE ORDINANCE. Page 479 November 13, 2001 November 13, 2001 O1-348 25. Resolution Proclaiming November 15, 2001, as America Recycles Day in Butte County - action requested - ADOPT RESOLUTION O1-132 AND AUTHORIZE THE CHAIR TO SIGN. 26. Double Chip Seal on Various Butte County Roads - County Project No. CS-2001-1 - Notice of Completion - the project consisted of the application of seal coats, two layers of surface screenings, fog seal coat, thermoplastic traffic stripes, pavement markings and pavement markers. All contract work has been completed in accordance with plans and specifications - action requested - ACCEPT CONTRACT WORK; AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND DIRECT RECORDING OF THE NOTICE OF COMPLETION. 27. Resolution Prohibiting Stopping, Parking or Standing of Vehicles, North and South Side of west East Avenue, from State Route 32 to 300 Feet East of Guynn Avenue - action requested - ADOPT RESOLUTION O1-133 AND AUTHORIZE THE CHAIR TO SIGN. 28. MWH Americas, Inc. - Board approval is requested by the Administrative Office for an agreement with MWH Americas, Inc., for the provision of groundwater sampling services in support of the Chico Urban Area Nitrate Compliance Program. The term of the agreement is through December 31, 2002, with a maximum amount payable of $37,674.32 (County Service Area #114 budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13262) 29. Right Road Recovery Programs, Inc. - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Right Road Recovery Programs, Inc., for the provision of residential treatment services for Drug Court clients. The amendment extends the term of the agreement through June 30, 2002, and increases the maximum amount payable by $34,720 (department budget). The amendment also requires the provision of annual cost reports and allows the County to withhold payment if the contractor fails to submit the reports by the due date. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10930) Page 480 November 13, 2001 November 13, 2001 O1-348 30. work Training Center for the Handicapped, Inc. (Do-It- Leisure) - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with the work Training Center for the Handicapped, Inc. (Do-It-Leisure) for the provision of the Half Day Rehabilitative Program. The amendment extends the term of the agreement through June 30, 2002, increases the maximum amount payable by $82,554.66 (department budget), and redefines the Unit Delivery clause. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11487) 31. work Training Center for the Handicapped, Inc. (Do-It- Leisure) - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with the work Training Center for the Handicapped, Inc., (Do-It-Leisure) for the provision of a Socialization and Rehabilitation Program. The amendment extends the term of the agreement through June 30, 2002, increases the maximum amount payable by $157,998.39 (department budget), and revises the Amendment A (Line Item Budget for FY O1-02) clause. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11486) 32. Tulare County Superintendent of Schools - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the grant agreement with the Tulare County Superintendent of Schools for funds to support the Friday Night Live Mentoring Program. The amendment extends the grant through June 30, 2002, and provides $27,500 for fiscal year 2001-2002 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40089) 33. Charles Carey - Amendment - Board approval is requested by the Department of Child Support Services for an amendment to the lease agreement with Charles Carey for the property located at 1420 Myers Street, Oroville. The amendment provides for the name change of the department from the District Attorney-Family Support Division to the Department of Child Support Services. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10621) Page 481 November 13, 2001 November 13, 2001 O1-348 34. Robert Ching - Amendment - Board approval is requested by the Department of Child Support Services for an amendment to the lease agreement with Robert Ching for the property located at 1474 Myers Street, Oroville. The amendment provides for the name change of the department from the District Attorney-Family Support Division to the Department of Child Support Services. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10147) 35. William J. Madden, Jr., and John Whittaker - Board approval is requested by County Counsel for an agreement with William J. Madden, Jr., and John Whittaker for the provision of attorney services for the County regarding the hydro-electric re-licensing matter known as the Federal Energy Regulatory Commission Project No. 2100 (Lake Oroville) The term of the agreement is for one year, and shall continue in effect until all cases and/or submitted claims are fully resolved. The compensation rate for William Madden, Jr., will be $350 per hour, and the compensation rate for John Whittaker will be $300 per hour (department budget). The agreement also provides for reimbursement of out-of-pocket expenses - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER. 36. Butte County Board of Law Library Trustees/Butte County Superior Court - Memorandum of Understanding - Board approval is requested by the Butte County Board of Law Library Trustees for a Memorandum of Understanding (MOU) which would provide for the Law Library Director to be deemed a Butte County employee soley for retirement benefit purposes. The MOU will allow the Director to be included in the Public Employees Retirement System program. Under the terms of the MOU, the Law Library will pay the County the position's full contribution rate each month up to a maximum of $3,000 per fiscal year, and provide for general expenses associated with addition and enrollment to the program - action requested - APPROVE MOU AND AUTHORIZE THE CHAIR TO SIGN. Page 482 November 13, 2001 November 13, 2001 O1-348 37. Superior Court of California, County of Butte - Agreement and Memorandum of Understanding - Board approval is requested by the Probation Department for an agreement with the Superior Court of California, County of Butte, for the Court's provision of services in support of the Juvenile Drug Court Program. The term of the agreement is December 1, 2001, through June 30, 2002, with a maximum amount payable of $97,577. The agreement will be funded utilizing Schiff-Cardenas Crime Prevention Act of 2000 funds received by the County for fiscal year 2001-2002. Board approval is also requested for a Memorandum of Understanding (MOU) with the Superior Court of California, County of Butte, for the provision of Probation Department services in support of the Juvenile Drug Court Program. The term of the MOU is December 1, 2001, through June 30, 2002, with a maximum payable to Probation of $50,597. Board approval is also requested to accept and appropriate the unanticipated revenue for the Probation Department - action requested - APPROVE AGREEMENT AND MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-121 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE. (Contract Nos. X13286 and R40341) 38. Medi, Inc. - Amendment - Board approval is requested by the Public Health Department for an amendment to the agreement with Medi, Inc., for the provision of electronic billing services. The amendment extends the term of the agreement through June 30, 2002, and increases the maximum amount payable by $70,000 (department budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11682) 39. Medi-Cal Administration Activities/Targeted Case Management Program - Board approval is requested by the Public Health Department for agreements with Contra Costa County, Orange County, San Diego County, San Mateo County, Alameda County, Sonoma County, Santa Clara County, and San Francisco County which provide for the counties' participation in the Medi-Cal Administration Activities/Targeted Case Management Program. Butte County Public Health has been selected by the consortium of counties to serve as the host entity for the program. As host entity, the County is responsible for managing the agreements for participation, collecting participation fees and distributing funds. The term for all agreements is July 1, 2001, through June 30, 2003 - action requested - APPROVE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 483 November 13, 2001 November 13, 2001 01-348 40. State of California-Department of Health Services - Board approval is requested by the Public Health Department for a grant agreement with the State of California-Department of Health Services for funds to be utilized to enforce local and State tobacco laws. The term of the grant is October 1, 2001, through June 30, 2004, with a maximum amount payable to the County of $189,640. Board approval is also requested to accept and appropriate the unanticipated revenue - action requested - APPROVE GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER B-117 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE. 41. Neal Road Landfill Company, Inc. - Board approval is requested by the Public works Department for an agreement with the Neal Road Landfill Company, Inc., for services to grade the slopes of module 4 from rough grades to the final grades required for constructing the landfill liner system. The term of the agreement is April 15, 2001, through April 14, 2002, with a maximum amount payable of $60,235 (Neal Road Landfill Management budget). Sole Source Justification has been approved by the General Services Director, as the Neal Road Landfill Company already performs maintenance work of this type at the facility - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13282) 42. Constance Hornig - Amendment - Board approval is requested by the Public works Department for an amendment to the agreement with Constance Hornig for the provision of attorney services regarding the Household Hazardous waste Services Program. The amendment extends the term of the agreement through June 1, 2002, and increases the maximum amount payable by $5,000 (Neal Road Landfill Management budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 43. Butte County Children and Families Commission - Annual Audit and Report - pursuant to Butte County Ordinance 3555, the Butte County Children and Families Commission submits its Annual Audit and Report for review prior to adoption - action requested - REVIEW AUDIT AND REPORT. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS 3.26, 3.30, AND 3.38. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 484 November 13, 2001 November 13, 2001 Regular Agenda O1-349 Appointments - Boards, Commissions, and Committees. (114) 1. Appointments to listed vacancies. (NONE) O1-350 Update on legislative and budget activities. (124) LAWRENCE ODLE, INTERIM CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT THE GOVERNOR HAS INFORMED STATE OFFICES THAT THERE WILL BE A 15o CUT IN THE BUDGETS FOR NEXT FISCAL YEAR. THE IMPACTS OF THESE CUTS TO LOCAL AGENCIES ARE NOT KNOWN AT THIS TIME. 01-351 Pacific Gas and Electric Company - Report to the Board - report on the PG&E Corporation file plan of reorganization - action requested - ACCEPT FOR INFORMATION. (262) PRESENTATION TO THE BOARD BY JANET WALTHER, GOVERNMENTAL RELATIONS REPRESENTATIVE, PACIFIC GAS AND ELECTRIC COMPANY. 01-352 Relinquishment Request - consideration of a request from the California Department of Transportation (CALTRANS) to accept relinquishment of nine right-of-way parcels adjacent to Highway 70 between North Honcut Creek and Palermo Road - action requested - STAFF RECOMMENDS THE BOARD APPROVE A LETTER ADVISING CALTRANS THAT THE COUNTY IS NOT INTERESTED IN ACCEPTING THE PROPOSED RELINQUISHMENT AT THE CURRENT TIME AND AUTHORIZE THE CHAIR TO SIGN. (619) MOTION: I MOVE TO APPROVE A LETTER ADVISING CALTRANS THAT THE COUNTY IS NOT INTERESTED IN ACCEPTING THE PROPOSED RELINQUISHMENT AT THE CURRENT TIME AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) O1-353 Items removed from the Consent Agenda for Board consideration and action. (750) 1. Maximus, Inc. - Board approval is requested by the Administrative Office for an agreement with Maximus, Inc., for the provision of recruitment services for the position of Chief Administrative Officer. The term of the agreement is for the length of the recruitment (estimated at 100 days), with a maximum amount payable of $25,500. Board approval is also requested for a budget transfer from the Appropriation for Contingencies to the Administrative Office budget to provide funding for the agreement - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER B-124 (4 /5 vote required) TRANSFERRING FUNDS FROM THE APPROPRIATION FOR CONTINGENCIES FUND. Page 485 November 13, 2001 November 13, 2001 O1-353 MOTION: I MOVE TO APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR- CONTROLLER; AND APPROVE BUDGET TRANSFER B-124 (4/5 vote required) TRANSFERRING FUNDS FROM THE APPROPRIATION FOR CONTINGENCIES FUND. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 3. Cayenta, Inc. - Board approval is requested by the General Services Director for an agreement with Cayenta, Inc., for the acquisition and first year operating expenses of MainSaver-M Enterprise software. The software will be utilized to implement a computer-aided maintenance management system. The term of the agreement is for one year, with a maximum amount payable of $53,306 (Facilities Services budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13295) MOTION: I MOVE TO APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) O1-354 County Clerk's Certification to Referendum Petition - action requested - ACCEPT CERTIFICATION. (1107) MOTION: I MOVE TO ACCEPT THE CERTIFICATION. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) O1-355 Supervisorial Redistricting - consideration of possible actions as a result of the Certification to Referendum: A. Consideration of two resolutions submitted by Supervisor Yamaguchi: 1. A Resolution Submitting Ordinance No. 3759 to the Voters at the March 5, 2002, Election - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND 2. A Resolution Determining the Supervisorial District Boundaries to be Used for the March 5, 2002, Election - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. Page 486 November 13, 2001 November 13, 2001 O1-355 B. Consideration of alternative actions submitted by County Counsel (item scheduled to be considered at the November 20, 2001, Board hearing, but moved forward to the November 13, 2001, Board hearing to be considered with the items submitted by Supervisor Yamaguchi): 1. Repeal the Redistricting Ordinance; OR 2. Order that the Redistricting Ordinance be submitted to the voters at the March 5, 2002, election - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (1206) (**00) MOTION: I MOVE TO ADOPT A RESOLUTION SUBMITTING ORDINANCE NO. 3759 TO THE VOTERS AT THE MARCH 5, 2002, ELECTION AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPT A RESOLUTION DETERMINING THE SUPERVISORIAL DISTRICT BOUNDARIES TO BE USED FOR THE MARCH 5, 2002, ELECTION AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 2 3 4 5 MAKER OF THE MOTION WITHDRAWS THE MOTION TO ALLOW THE ITEM TO BE CONTINUED TO THE NEXT BOARD MEETING. ITEM CONTINUED OPEN TO NOVEMBER 20, 2001. RECESS: 11:25 A.M. RECONVENE: 11:45 A.M. Public Hearincrs and Timed Items O1-356 Continued Public Hearing - John and Sharon Byrne - Tentative Parcel Map - consideration of an appeal of the Development Review Committee's denial of a Tentative Parcel Map proposing four 1 +/- acre parcels and a 5.35 +/- acre remainder from an existing 9.41 +/- acre parcel (this is a project on which notice of intent to adopt a negative declaration with mitigation measures regarding environmental impacts has been given). water supply will be provided by the California water Company or domestic wells. Sewer will be provided by individual septic systems. Access to the parcels will be provided by Rocking H Circle and an additional easement connecting onto Eaton Road. The property is zoned SR (Suburban Residential) and is located at the southwest corner of Eaton Road and Godman Avenue in the Chico area, and identified as APN 007-260-081 and 082 (File No. TSM O1-03 [DB]) - action requested - STAFF RECOMMENDS THE BOARD CONTINUE THE HEARING TO DECEMBER 18, 2001, AT 10:30 A.M. HEARING RECONVENED AT 11:45 A.M., AND CONTINUED OPEN TO DECEMBER 18, 2001, AT 10:30 A.M. Page 487 November 13, 2001 November 13, 2001 O1-357 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM NOT LISTED ON THE AGENDA.) (**2495) (NONE) Regular Agenda 01-358 Accumulated Debt Relief - Board approval is requested by the District Attorney to relieve/adjust a debt that accumulated between fiscal years 1993-1994 and 1999-2000 in the amount of $211,191 - action requested - AUTHORIZE THE AUDITOR-CONTROLLER TO MAKE A CORRECTION AND CREDIT $14,111 TO BUDGET UNIT 320.001/REVENUE ACCOUNT 4540161 TO CORRECT BINTF PAYMENTS COST APPLIED TO 320.001/512 RATHER THAN REVENUE DEPOSITS; GRANT RELIEF OF ACCOUNTABILITY TO THE DISTRICT ATTORNEY'S BUDGET 320.001 TOTALING $105,580.42; AND AUTHORIZE BINTF'S AGREEMENT TO PAY PRIOR ACCUMULATED DEBT IN THE AMOUNT OF $91,500. (**2565) MOTION: I MOVE TO AUTHORIZE THE AUDITOR-CONTROLLER TO MAKE A CORRECTION AND CREDIT $14,111 TO BUDGET UNIT 320.001/REVENUE ACCOUNT 4540161 TO CORRECT BINTF PAYMENTS COST APPLIED TO 320.001/512 RATHER THAN REVENUE DEPOSITS; GRANT RELIEF OF ACCOUNTABILITY TO THE DISTRICT ATTORNEY'S BUDGET 320.001 TOTALING $105,580.42; AND AUTHORIZE BINTF'S AGREEMENT TO PAY PRIOR ACCUMULATED DEBT IN THE AMOUNT OF $91,500. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) O1-359 CLOSED SESSION: THE BOARD RECESSED AT 11:55 A.M. TO A CLOSED SESSION CONFERENCE TO DISCUSS PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER; PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR DEVELOPMENT SERVICES; AND CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: AGENCY NEGOTIATORS: JEANNE GRAVETTE AND WILLIAM AVERY. EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES ASSOCIATION (GENERAL UNIT); BUTTE COUNTY MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT, CONFIDENTIAL AND SUPERVISORY UNIT); COMMUNICATION WORKERS OF AMERICA (SOCIAL SERVICES WORKERS UNIT); BUTTE COUNTY PROFESSIONAL EMPLOYEES UNIT; BUTTE COUNTY DEPUTY SHERIFFS ASSOCIATION (GENERAL AND MANAGEMENT/SUPERVISORY UNIT); AND BUTTE COUNTY CORRECTIONAL OFFICERS ASSOCIATION (GENERAL AND MANAGEMENT/SUPERVISORY UNIT). (**2512) CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE, WAS REMOVED FROM THE CLOSED SESSION AGENDA. Page 488 November 13, 2001 November 13, 2001 O1-359 RECONVENE: THE BOARD RECONVENED AT 2:05 P.M. FROM A CLOSED SESSION CONFERENCE TO DISCUSS PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER; PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR DEVELOPMENT SERVICES; AND CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: AGENCY NEGOTIATORS: JEANNE GRAVETTE AND WILLIAM AVERY. EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES ASSOCIATION (GENERAL UNIT); BUTTE COUNTY MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT, CONFIDENTIAL AND SUPERVISORY UNIT); COMMUNICATION WORKERS OF AMERICA (SOCIAL SERVICES WORKERS UNIT); BUTTE COUNTY PROFESSIONAL EMPLOYEES UNIT; BUTTE COUNTY DEPUTY SHERIFFS ASSOCIATION (GENERAL AND MANAGEMENT/SUPERVISORY UNIT); AND BUTTE COUNTY CORRECTIONAL OFFICERS ASSOCIATION (GENERAL AND MANAGEMENT/SUPERVISORY UNIT). (**2873) (NO ANNOUNCEMENTS) ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 2:05 P.M. TO RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE HELD TUESDAY, NOVEMBER 20, 2001, AT 9:00 A.M. CURT JOSIASSEN, CHAIR ATTEST: LAWRENCE ODLE, INTERIM CHIEF ADMINISTRATIVE OFFICER AND CLERK OF THE BOARD OF SUPERVISORS BY: Page 489 November 13, 2001