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NAPA COUNTY BOARD OF
SUPERVISORS TUESDAY SEPTEMBER 23, 2003 9:00 A.M. |
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Brad Wagenknecht District
1 |
Mark Luce District
2 |
Diane Dillon District
3 |
Bill Dodd District
4 |
Mike Rippey District
5 |
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William S. Chiat County
Executive Officer |
Pamela Miller Clerk
of the Board |
Robert Westmeyer County Counsel |
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GENERAL
INFORMATION The Board of Supervisors
meets each Tuesday at 9:00 A.M. at 1195 Third Street, Suite 305, Napa,
California 94559. The meeting room is
wheelchair accessible. Assistive
listening devices and interpreters are available through the Clerk of the
Board of the Napa County Board of Supervisors. Requests for disability related modifications or
accommodations, aids or services may be made to the Clerk of the Board’s
office no less than 72 hours prior to the meeting date by contacting (707)
253-4580 (253-6088TDD). The agenda is divided into three sections: CONSENT ITEMS -
These matters typically include routine financial or administrative actions,
as well as final adoption of ordinances that cannot be both introduced and
adopted at the same meeting. Any item
on the CONSENT CALENDAR will be discussed separately at the request of any
person. CONSENT CALENDAR items are
usually approved with a single motion. SET MATTERS – PUBLIC
HEARINGS - These items are noticed hearings, work sessions, and items
with a previously set time. ADMINISTRATIVE ITEMS - These items include significant policy and administrative actions
and are classified by program areas.
Immediately after approval of the CONSENT CALENDAR, if the time for
hearing SET MATTERS has not arrived, ADMINISTRATIVE ITEMS will be considered. ANY MEMBER OF THE AUDIENCE DESIRING TO ADDRESS THE BOARD ON A MATTER
ON THE AGENDA please
proceed to the rostrum and, after receiving recognition from the Chair, give
your name, address, and your comments or questions. In order that all interested parties have an opportunity to
speak, please be brief and limit your comments to the specific subject under
discussion. Time limitations shall be
at the discretion of the Chair or Board. AGENDA AVAILABLE ONLINE AT www.co.napa.ca.us |
1. CALL TO ORDER; ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
AND COMMENDATIONS
A. Presentation
of Retirement Resolution No. 03-161 to Etta Wiedemann, Appraiser II, Assessor’s
Office, in recognition of over 22 years of services.
4. PUBLIC COMMENT
In
this time period, anyone may address the Board of Supervisors regarding any
subject over which the Board has jurisdiction but which is not on today's
posted agenda. In order to provide all
interested parties an opportunity to speak, time limitations shall be at the
discretion of the Chair. As required by
Government Code, no action or discussion will be undertaken on any item raised
during this Public Comment period.
5. DEPARTMENT DIRECTORS’ REPORTS AND
ANNOUNCEMENTS
6. CONSENT ITEMS
Law & Justice
A. Chief Probation Officer requests approval of and
authorization for the Chair to sign Agreement No. 4624 with the Napa County
Office of Education for the term
September 23, 2003 through June 30, 2004
in the amount of $2,000 to provide training supplies and educational materials
for classes in parenting skills for young men on probation.
B. District
Attorney requests approval of the following actions related to the Spousal
Abuser Prosecution Program:
1) Authorization
to accept a grant in the amount of $39,913 from the Department of Justice to
continue the prosecution of spousal abuse cases; and
2) Approval
of Budget Transfer No. 14 increasing appropriations for regular salaries by
$33,261 with an offsetting increase in revenues. (4/5 vote required)
Public Safety
C. County Fire Chief requests authorization to sign an agreement (Amendment No. 1 State Contract No. 00YS0065) with the California Department Of Veterans Affairs, for additional language pertaining to the Yountville Veterans Home’s use of outside resources and independent medical contractors.
Public Safety
D. County Fire Chief requests the following actions pertaining to Fire Services Agreement (State Contract No. 03YS0041/County Agreement 6089) with the California Department of Veterans Affairs for a maximum of $1,135,313 for the continued provision of fire services by the County of Napa to the Yountville Veterans Home for the term October 1, 2003 through June 30, 2006:
1) Adoption of a resolution authorizing execution of changes to the agreement; and
2) Approval of and authorization for the Chair to sign revised County Agreement
No. 6089.
Human Services
E. Director of Health and Human Services
requests approval of and authorization for the Chair to sign the renewal of
Agreement No. 4210 with Pacific Union College for the term September 29, 2003
through September 30, 2006 for the placement of interns at the Health and Human
Services Agency.
F. Director of Health and Human Services
requests approval of and authorization for the Chair to sign the renewal of
Agreement No. 4354 with Catholic Charities, Inc., for a maximum of $13,400 for
the term July 1, 2003 through June 30, 2004 to provide property management
services for the Casa Grande Housing Program.
G. Director of Health and Human Services
requests approval of and authorization for the Chair to sign the following
renewal agreements for the term July 1, 2003 through June 30, 2004 regarding
the Mental Health Outpatient Managed Care Program:
1) Agreement No. 4549 with Dana Talbot,
MFT, for a maximum of $12,000; and
2) Agreement No. 4660 with Don Scully,
MFT, for a maximum of $1,500.
H. Director
of Health and Human Services requests approval of and authorization for the
Chair to sign an agreement with CyberMill, Inc., for a maximum of $7,500 for
the term
July 15, 2003 through June 30, 2004 to provide planning
and coordination of the Mayors’ Committee on Disabilities breakfast event.
I. Director of Health and Human Services
requests approval of and authorization for the Chair to sign the following
agreements with Interpreting and Consulting Services, Inc., for the term
September 1, 2003 through June 30, 2004:
1) An
agreement for a maximum of $10,800 to provide American Sign Language
interpretation services for a client in the Children’s Behavioral Health
Program; and
2) A
Business Associate agreement setting forth the terms and conditions of the
Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy
Rule.
Human Services – Continued
J. Director of Health and Human Services
requests approval of and authorization for the Chair to sign the following
agreements with Staff Care, Inc., for the term August 1, 2003 through June 30,
2004:
1) Renewal
of Agreement No. 4317 for a maximum of $35,000 to provide recruitment and
psychiatric services to the mental health program; and
2) A
Business Associate Agreement setting forth the terms and conditions of the
Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy
Rule.
K. Director of Health and Human Services
requests approval of and authorization for the Chair to sign the following
agreements with Mt. Diablo Medical Pavillion for the term July 1, 2003 through
June 30, 2004:
1) An
agreement to provide Managed Care inpatient mental health services for clients
of the Children’s Behavioral Health program; and
2) A Business Associate Agreement setting
forth the terms and conditions of the Health Insurance Portability and
Accountability Act of 1996 (HIPAA) Privacy Rule.
L. Director of Health and Human Services
requests approval of and authorization for the Chair to sign the Fourth Year
Plan Modification to the Workforce Investment Act Strategic Five-Year Local
Plan.
Community Resources &
Infrastructure
M. Conservation, Development and Planning Director requests
approval of and authorization for the Chair to sign an agreement with
Environmental Science Associates (ESA) for a maximum of $61,745 for the term
September 23, 2003 through June 30, 2004 for preparation of Initial Study and
related CEQA documents in connection with Erosion Control Application
#01278-ECPA.
N. Director of Public Works requests approval of and
authorization for the Chair to sign a lease agreement with Napa/Livermore
Properties for the term September 24, 2003 through September 30, 2008 for
warehouse property for the storage of County elections equipment at 50
Executive Court, Suite B in Napa County, at a monthly cost of $2,883.
O. Director
of Public Works requests approval of and authorization for the Chair to sign
Amendment No. 2 to Agreement No. 4461 with Winzler & Kelly Consulting Engineers
increasing the amount by $4,956 for a new maximum of $39,120 for electrical
engineering services relating to the Napa County Airport Generator Replacement
Project.
Community Resources &
Infrastructure - Continued
P. Director of Public Works requests approval of and
authorization for the Chair to sign Amendment No. 1 to Agreement No. 6016 with
Kenwood Energy increasing the amount by $9,100 for a new maximum of $25,372 for
peripheral project management services to the bidding process and construction
phase support for the Energy Management Program.
Q. Public
Works Director requests the following:
1) Approval of and authorization for the Chair to sign
Amendment No. 1 to the Cooperative Agreement No. 69-9104-3-209, with the United
States Department of Agriculture, Natural Resources Conservation Service (NRCS)
increasing the reimbursement amount by $224,004 to $304,004 for emergency bank
repairs on the Napa River in December, 2002; and
2) Authorization for the preparation of subgrant agreement between the County and Napa Sanitation District (NSD) to allow payment of pass through funds from NRCS to NSD.
R. Director of Public Works requests
acceptance of the work as complete and authorization for the Chair to sign and
Clerk of the Board to file a Notice of Completion with the Clerk/Recorder for
Contract No. PW 02-12R, “Corrections & Communications Floor Covering
Installation Project.”
S. Director of Public Works/Aviation
requests approval of and authorization for the Chair to sign a License Agreement
with Napa Valley Biplane, Inc. for the term September 23, 2003 through
September 23, 2004, renewable for two additional one-year terms, to provide
biplane flights from the Napa County Airport.
T. Director of Public Works/Aviation
requests the following actions relating to the “Napa County Perimeter Fencing
Phase I Project,”
PW 02-21:
1) Approval
of Budget Transfer No. 12 appropriating $615,777 with offsetting revenue from
the Federal Aviation Administration, State and Airport Enterprise Fund
(4/5 vote required); and
2) Approval of plans and specifications, authorization to advertise for bids and setting 3:30 P.M.
on October 23, 2003 for opening of sealed bids.
U. Director of Public Works/Aviation requests approval of Budget Transfer No. 13 appropriating $270,000
in the Airport Capital Improvement Program budget, with offsetting revenues
from the Federal Aviation Administration (FAA), State and the Airport
Enterprise Fund, for the preparation of Environmental Assessment Studies. (4/5 vote required)
Community Resources &
Infrastructure - Continued
V. Director of Public Works/Aviation requests approval of Budget Transfer No. 15 appropriating
$18,609 in the Airport Capital Improvement budget, with offsetting revenues
from the Federal Aviation Administration (FAA), State and the Airport
Enterprise Fund, based on Fiscal Year end 2002/2003 project status. (4/5
vote required)
General Administration &
Finance
W. Human Resources Director requests adoption of a resolution
with regard to the following position in the Conservation, Development &
Planning Department, effective
September 27, 2003:
1) Amend the Table and Index; and
2) Approve the revised class specification for Graphics Specialist.
(Details on file with the Clerk of the Board)
X. County
Executive Officer requests appointment of Richard Hanson to serve on the Independent Hearing Panel for Solid Waste
Issues as the technical expert with knowledge of solid waste management
methods and technologies category with the term of office to commence
immediately and expire August 1, 2004.
Y. Approve minutes of Board of Supervisors’ meeting of
September 9, 2003.
7. DISCUSSION OF ITEMS REMOVED FROM THE CONSENT CALENDAR
8. SET
MATTERS - PUBLIC HEARINGS
A. 10:00
A.M. County Counsel
requests that the Board consider and adopt a resolution of Findings of Fact and
Decision on Appeal denying the appeal filed by Kevin Block, Attorney for
Appellant Lonen and Susan Curtis regarding the decision by the Department of
Conservation, Development and Planning on October 16, 2002, to approve Erosion
Control No. 02461-Ecps, (a
modification of No. 98241-ECPS) for Kenneth and Susan Viney, 2425 Soda Canyon
Road (APNs 032-060-025 (Viney) and 032-090-014 (Curtis)) and modifying the
conditions of approval for the erosion control plan.
ENVIRONMENTAL
DETERMINATION: Categorically
Exempt (Class 1).
B. 11:00 A.M. County Counsel requests that the Board consider and
adopt a resolution of Findings of Fact and Decision on Appeal denying the
appeal filed by Jeanne M. DeVincenzi, attorney for Rutherford Hill
Winery/Terlato Wine Group (a neighbor) regarding the decision by the
Conservation, Development and Planning Commission on February 19, 2003, to
approve Use Permit Modification No. 02423-MOD for the Kathryn Hall Winery to
relocate the winery septic system to a new location on the winery parcel within
an Agricultural Watershed (AW) zoning district (Assessor's Parcel No.
030-300-033, 60 Auberge Road,
St.
Helena).
ENVIRONMENTAL
DETERMINATION: Negative Declaration
prepared.
(CONTINUED FROM
SEPTEMBER 9, 2003)
9. ADMINISTRATIVE ITEMS
General Administration
& Finance
A. County
Executive Officer requests discussion and possible direction to staff regarding
a proposed Memorandum of Understanding between the County and the City of Napa
relating to the coordination of regional housing needs and other areas of
cooperation.
B. County
Executive Officer requests discussion and possible adoption of a resolution
recognizing the Matricula Consular de Alta Seguridad (“Matricula Consular”) as
an official form of identification for Mexican Nationals.
C. First reading and intention to adopt an ordinance of the Board of Supervisors of the County of Napa, separating the consolidated offices of Public Guardian and District attorney-public administrator, terminating the designation of the District attorney-public Administrator as Public Guardian, and amending certain sections in chapters 2.24 and 2.32 of the Napa County Code to reorganize the office of the Public Guardian as authorized by Government Code Sections 27430, et seq.
ENVIRONMENTAL DETERMINATION: It can be seen with certainty that there is no possibility the
proposed action may have a significant effect on the environment and therefore
CEQA is not applicable. [See Guidelines
for the Implementation of the California Environmental Quality Act, 14 CCR
15061(b)(3)]
10. LEGISLATIVE ITEMS
A. Discussion and possible action on SB1049. (Supervisor Dillon)
11. BOARD OF SUPERVISORS’ COMMITTEE
REPORTS AND ANNOUNCEMENTS
12. BOARD OF SUPERVISORS’ FUTURE AGENDA ITEMS
13. COUNTY EXECUTIVE OFFICER REPORTS AND
ANNOUNCEMENTS
14. CLOSED SESSION
A. CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code
Section 54956.9 (a))
Names of cases:
1) Jorge
Deharo, Hector Olvera, Latinos Unidos de Napa, an Unincorporated
Association v. County
of Napa et. al. (Napa County Superior Court Case
No. 26-22255)
2) Napa Citizens for Honest
Government et al v. Napa County Board of Supervisors
(Case No. 26-04014)
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
1) Initiation
of litigation pursuant to subdivision (c) of Government Code Section 54956.9: (One case)
2) Significant exposure to
litigation pursuant to subdivision (b) of Government
Code Section
54956.9: (One case)
15. ADJOURNMENT
ADJOURN TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,
SEPTEMBER 30, 2003 AT 9:00 A.M.