MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

 

September 10, 2002

 

 

1.         Call to Order.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, SEPTEMBER 10, 2002 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT:  CHAIRMAN BILL DODD, SUPERVISORS MIKE RIPPEY, MARK LUCE, MEL VARRELMAN AND BRAD WAGENKNECHT.

 

 

2.         Pledge of Allegiance.

BONNIE MARTIGNONI, ASSISTANT REGIONAL MEDICAL SERVICES ADMINISTRATOR, LED THE SALUTE TO THE FLAG.

 

 

3.         Presentation of a proclamation to Jennifer Schooley in recognition of her “Patches of Glory” quilt.

            PROCLAMATION PRESENTED

 

 

4.         Presentation of a proclamation commemorating the one year anniversary of the September 11, 2001 terrorist attacks.

            PROCLAMATION PRESENTED

 

 

5.         Public Comment.

CRAIG BURGESS, REQUESTED A MOMENT OF SILENCE IN RECOGNITION OF THOSE HEROES WHO LOST THEIR LIVES SEPTEMBER 11, 2001.

 

MR. BURGESS ALSO COMMENTED ON THE PROBLEM ON EDGERLY ISLAND REGARDING THE RELATIONSHIP BETWEEN THE COMMUNITY AND THE NAPA RIVER RECLAMATION DISTRICT BOARD OF DIRECTORS AND WANTED TO BRING IT TO THE BOARD OF SUPERVISORS’ ATTENTION.

 

VINCENT BLAKE ALSO COMMENTED ON THE PROBLEMS ON EDGERLY ISLAND AND ADVISED HE HAS TRIED TO OBTAIN INFORMATION REGARDING THE NAPA RIVER RECLAMATION DISTRICT PERTAINING TO JURISDICTION AND BYLAWS, BUT TO DATE HAS NOT RECEIVED ANY INFORMATION.  HE FURTHER COMMENTED THAT HE IS BEING SUED FOR PUBLIC NUISANCE IN REGARD TO IMPROVEMENTS TO HIS LEVEE AND IS CONCERNED ABOUT BEING SUED BY THE DISTRICT ACTING AS PRIVATE CITIZENS.

 

TERRENCE KEENAN ALSO SPOKE REGARDING THE NAPA RIVER RECLAMATION DISTRICT AND SUBMITTED A PACKET OF ALLEGED VIOLATIONS BY THE DISTRICT BASED ON THE WATER CODE THAT ESTABLISHED THE DISTRICT ALONG WITH ALLEGED VIOLATIONS OF THE CALIFORNIA PUBLIC RECORDS ACT, BROWN ACT, THE GOVERNMENT CODE ACT AND THE CIVIL CODE ACT.    IN ADDITION, HE RECENTLY TRIED TO


5.         Continued

 

OBTAIN ELEVATIONS ON MILTON ROAD AND WAS TOLD THAT THE INFORMATION WAS NOT AVAILABLE

 

CHAIRMAN DODD ADVISED HE AND SUPERVISOR WAGENKNECHT WOULD ASSIST WITH RESOLVING THE CONCERNS RAISED ABOVE REGARDING THE NAPA RIVER RECLAMATION DISTRICT.

 

 

6.         Department Heads’ Reports and Announcements.

NONE

 

Consent Calendar

 

 

7.         Chief Probation Officer requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4371 with Matrix Parent Network and Resource Center for a maximum of $117,853 for the term July 1, 2002 through June 30, 2003 for parent advocacy services for families of at risk and emotionally disturbed youth.                                                         A-4371

 

 

8.         Sheriff requests authorization for out of state travel for Deputy Oscar Ortiz and a member of the Sheriff’s Activities League Boxing Team to attend the National Police Activity League Boxing Tournament in Augusta, Georgia, from September 28, 2002 to October 5, 2002 at an estimated cost of $1,923.

            HELD FOR DISCUSSION

           

APPROVED REQUEST                               BD-MV-MR-ML-BW

 

 

9.         Treasurer/Tax Collector requests authorization to establish an imprest cash fund in the amount of $100 to account for payment shortages less than $5 which are allowed by the Revenue and Taxation Code but not permitted by the PeopleSoft financial system.

 

 

10.       Director of Health and Human Services requests approval of and authorization for Chairman to sign renewals of the following agreements with COPE Family Center, Inc., for the term July 1, 2002 through June 30, 2003:

 

A.        Agreement No. 2731 for a maximum of $26,000 to provide administrative services for the County’s Child Abuse Prevention Council; and                A-2731

 

 

B.         Agreement No. 3724 for a maximum of $220,510 to provide services under the Family Preservation and Support Program.                                      A-3724


 

11.       Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 3260 with Crestwood Behavioral Health, Inc. for a maximum of $898,533 for the term July 1, 2002 through June 30, 2003 to provide residential mental health services.

                        ITEM CONTINUED FOR ONE WEEK                                                                 A-3260

 

 

12.       Director of Health and Human Services requests approval of and authorization for Chairman to sign the following agreements with Napa Valley College for the term July 1, 2002 through June 30, 2003:

 

A.        Renewal of Agreement No. 3353 for a maximum of $81,794 for the Independent Living Program; and                                                                               A-3353-1

 

 

B.         Agreement for a maximum of $45,000 to provide diagnostic learning services to CalWORKs clients.                                                                                    A-4832

 

 

13.       Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 3534 with Mental Health Consumer Concerns for a maximum of $80,600 for the term July 1, 2002 through June 30, 2003 to provide mental health patient rights advocacy services.                                                                                                            A-3534

 

 

14.       Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewals of the following agreements with Buckelew Programs, Inc., for the term July 1, 2002 through June 30, 2003:

 

A.        Agreement No. 4015 for a maximum of $56,640 to provide a bilingual and bicultural liaison to board and care facilities providing residential services to Napa County residents; and                                                                                         A-4015

 

 

B.         Agreement No. 4065 for a maximum of $95,500 for adult mental health services.

                                                                                                                        A-4065

 

 

15.       Director of Health and Human Services requests approval of and authorization for Chairman to sign renewals of the following agreements with Telecare Corporation for the term July 1, 2002 through June 30, 2003:

 

A.        Agreement No. 4277 to provide managed care inpatient mental health services; and

                                                                                                                        A-4277

 

 

B.         Agreement No. 4464 for a maximum of $10,000 to provide mental health services to uninsured clients.                                                                          A-4464

16.       Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4367 with Allen, Shea & Associates for a maximum of $16,000 for the term July 1, 2002 through June 30, 2003 to provide professional services in connection with the In-Home Supportive Services Public Authority Advisory Board.

                                                                                                                                                A-4367

 

17.       Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4374 with Victor Treatment Centers, Inc., for a maximum of $230,000 for the term July 1, 2002 through June 30, 2003 to provide residential day treatment services.                                                                                                                  A-4374

 

 

18.       Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4424 with the National Deaf Academy, LLC, for a maximum of $125,925 for the term July 1, 2002 through June 30, 2003 for residential mental health services.

                                                                                                                                    A-4424

 

 

19.       Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4656 with Shameem Ghauri, M.D., for a maximum of $13,330 for the term July 1, 2002 through June 30, 2003 to provide psychiatric services to clients of the Therapeutic Child Care Center.                                                                            A-4656

 

 

20.       Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4705 with Preferred Healthcare Registry, Inc., for a maximum of $134,699 for the term July 1, 2002 through June 30, 2003 to provide occupational and physical therapy services.                                                                                                       A-4705

 

 

21.       Director of Health and Human Services requests authorization to reinstate and extend vacation hours for a Supervising Mental Health Counselor II-Licensed to October 31, 2002. 

 

 

22.       Director of Health and Human Services requests authorization to submit an application for a $600,000 grant from the California Department of Alcohol and Drug Programs for California Safe and Drug Free Schools and Communities funds.

 

 

23.       Director of Health and Human Services requests adoption of a resolution to revise the list of County staff entitled to authorize use of the Children’s Program revolving fund and to revise the names of the authorized programs.                                                                                R-02-182

 

 

24.       Agricultural Commissioner requests authorization for out of state travel to attend meetings and discussions regarding Pierce’s Disease and Glassy-winged Sharpshooter and other agricultural issues in Washington, D.C., from September 30, 2002 to October 3, 2002 at an estimated cost of $1,500.

25.       Agricultural Commissioner requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4168 with the California Department of Food and Agriculture (CDFA) for a maximum reimbursement not to exceed $23,897 for the term July 1, 2002 through June 30, 2003 to cover costs associated with insect detection trapping for Olive Fruit Fly.

                                                                                                                                                A-4168

 

 

26.       County Fire Chief and County Executive Officer/Purchasing Agent request a waiver of competitive bidding requirements and authorization to make a sole source award for the purchase of a Porta Count Plus Respirator Fit Tester from Special T Fire Equipment, Santa Rosa, California, for the total amount of $8,081.25.

 

 

27.              Director of Public Works requests adoption of the Disadvantaged Business Enterprise (DBE) program methodology and goal for Fiscal Year 2002/2003 on behalf of the County.

      (Detail on file with the Clerk of the Board)

 

 

28.       Director of Public Works requests rejection of all bid proposals for the “Napa County Corrections and Communications Floor Covering Installation Project," PW 02-12.

 

 

29.       Director of Public Works requests acceptance of the work as complete and authorization for Chairman to sign and file a Notice of Completion with the Clerk/Recorder for work to Napa Valley Gateway Unit 3, Phase 7 subdivision.

 

 

30.       Director of Public Works requests award of the contract for the “Administration Building Modifications on the 2nd & 3rd Floors Project,” PW 02-18, to James Nolan Construction, Inc. of St. Helena, California for their low base bid of $30,240, with Additional Alternative #1 of $18,800, and authorization for Chairman to sign the construction contract.

 

 

31.       Director of Public Works requests approval of and authorization for Chairman to sign a space license agreement between the County of Napa as “Licensor” and In-Home Supportive Services (IHSS) Public Authority of Napa County as “Licensee”, for use of space in the Carithers Building at a monthly fee of $1,016 plus apportioned share of utilities, commencing September 1, 2002 and remaining in effect until terminated by either party.                                                         A-4833

 

 

32.       Clerk of the Board requests appointment of the following applicant to serve on the Mental Health Board:

           

                        Applicant                      Representing                 Term Expiration

                        Moroney, June             Consumer                     January 1, 2003


33.              County Counsel requests approval of and authorization for Chairman to sign Amendment No. 2 to

Agreement No. 4097 with Shute, Mihaly and Weinberger, LLP for legal services increasing the scope of services, hourly rate and the amount by $25,000 for a new maximum of $100,000 with the term of the agreement to remain unchanged.  (Continued from August 20, 2002)

                                                                                                                                                A-4097

                                                                                                                                                (AMEND. 2)

 

34.       Job Training Director requests approval of and authorization for Chairman to sign renewals of the following agreements for the term July 1, 2002 through June 30, 2003 for client job skills training:

 

A.        Agreement No. 4597 with Napa Valley Unified School District-Napa Valley Adult School for a maximum of $5,000; and                                              A-4597

 

 

B.         Agreement No. 4604 with Golden Gate University for a maximum of $10,000.

                                                                                                                                                A-4604

 

35.       Job Training Director requests approval of and authorization for Chairman to sign an agreement with North Bay Youth Net Works for $5,094 for the term May 1, 2002 through September 30, 2002 for activities related to the Inclusion and City Works Programs.

            APPROVED AS AMENDED TO REFLECT THE TERM IS MAY 1, 2002 THROUGH DECEMBER 31, 2002 (RATHER THAN SEPTEMBER 30, 2002).                    A-4834

 

 

36.       Job Training Director requests approval of and authorization for Chairman to sign the following agreements for a maximum of $30,000 each, for the term June 24, 2002 through December 31, 2002 for activities related to the Inclusion Program:

 

A.        Agreement with Goodwill Industries of the Redwood Empire; and

                                                                                                                                    A-4835

 

B.         Agreement with Napa Valley Support Services.

                                                                                                                                                A-4836

 

37.       Napa County Deferred Compensation Board of Control and County Counsel request adoption of a resolution approving certain amendments to the County of Napa 401(a) Retirement Savings Plan, establishing initial enrollment periods and adding confidential employees to the eligible classes of employees.  Environmental Determination:  Not subject to the California Environmental Quality Act pursuant to California Code of Regulations Section 15061(b)(3).

            APPROVED RESOLUTION, AS AMENDED.                                                      R-02-183

 

 

38.       Personnel Director requests adoption of a resolution amending two class specifications, Social Worker III and Social Worker IV in the Social Worker series, effective September 10, 2002.

                                                                                                                                                R-02-184


39.              Regional Training Employment Coordinator requests approval of and authorization for Chairman

to sign the following documents from the United States Department of Labor Employment and Training Administration Department to facilitate the closeout of the Bay Area Skills Consortium Grant for the period of July 1, 2000 through June 30, 2002:

 

A.        Government Property Close-Out Inventory Certification; and

 

B.         Grantee’s Release.

 

40.       County Executive Officer requests approval of and authorization for Chairman to sign an agreement with Jones Hall for the term September 10, 2002 through June 30, 2004, with an option for automatic annual renewal, for special Bond Counsel and Disclosure Counsel services in connection with a Certificate of Participation (COP) issue to finance the construction of the Juvenile Justice Center and the New Sheriff’s Facility.                                                                              A-4837

 

 

41.       County Executive Officer requests approval of and authorization for Chairman to sign the letter transmitting final responses to the 2001-2002 Grand Jury Final Report to the Presiding Judge of the Superior Court.

 

 

42.       County Executive Officer/Director of Emergency Services requests the following actions pertaining to the Federal Emergency Management Agency (FEMA) grant:

 

A.        Acceptance of the FEMA grant in the amount of $49,544; and

 

B.         Approval of Budget Transfer No. 19 increasing appropriations in the Emergency Services budget with offsetting revenues from FEMA.

            (4/5 Vote Required)                                                                             BT-19

 

 

43.       Discussion of items removed from the consent calendar.

            SEE ITEMS 8, 11 AND 37.

 

APPROVED CONSENT CALENDAR ITEMS 7 THROUGH 42, AS AMENDED AND NOTATED ABOVE.                                 MV-MR-ML-BW-BD

 

 

Set Matters

 

 

44.       9:15 a.m. - Recess to the In-Home Supportive Services (IHSS) Public Authority of Napa County meeting.

            (SEE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY MINUTES)


45.              9:15 a.m. - Director of Public Works to discuss and request the following actions in relation to

energy efficiency and Green Building Certification issues in the design of the Napa County New Juvenile Justice Center Project:

 

A.        Authorization for RossDrulisCusenberry Architecture to proceed with the energy efficiency proposal;

 

B.         Authorization to hire a Leadership in Energy and Environmental Design (LEED) Program consultant to assist in the construction documentation phase; and

 

C.        Direction pertaining to seeking formal recognition under the LEED Program.

THE BOARD SUPPORTED THE “CHECKOUT” AMOUNT OF $30,000 AND DETERMINED IT WOULD CONSIDER APPROVING THE CERTIFICATION AMOUNT OF $10,000 TO $20,00 AT A LATER DATE.

 

THE BOARD APPROVED REQUEST, AS MODIFIED.

                                                                        BW-MV-MR-ML-BD

                                                                                                          A

 

46.       9:45 a.m. - Information Technology Services Director and Records Manager to present and request approval of the Napa County General Records Management Policy.  (Policy on file with the Clerk of the Board)

            APPROVED REQUEST                               BW-MR-MV-ML-BD                                                          

 

47.       10:00 a.m. – Public Hearing - The following vineyard property owners’ requests to be exempted from the approved County Service Area No. 4 (CSA No. 4) assessment because they are providing housing for their own farmworkers:

 

A.        Norman Alumbaugh (Eagle & Rose Estate Winery and Vineyard).

 

B.         Beringer-Blass Wine Estates - Request for exemption withdrawn.

(Continued from August 13 and August 20, 2002)

 

C.        Frank Wood & Sons, Inc.  Environmental Determination:  This activity is included as part of establishing CSA No. 4, for which a Negative Declaration was previously approved.

            PUBLIC HEARING HELD

 

            ADOPTED RESOLUTION                          ML-BW-MR-MV-BD                       R-02-185

 

 

48.              10:05 a.m. – Public Hearing - Acreage corrections relating to Resolution No. 02-165 and to the Engineer’s Report which established the amount of the assessment for vineyard property owners in County Service Area No. 4 (CSA No. 4), and possible adoption of resolution

PUBLIC HEARING HELD

 

ADOPTED RESOLUTION                          MR-MV-ML-BW-BD                       R-02-186

 

49.              Presiding Judge of the Superior Court and County Executive Officer request the following regarding the collection of fees and costs as ordered or assessed by the Superior Court for Public Defender services:

 

A.                 Adoption of a resolution designating California Service Bureau as the County Financial Evaluation Officer and:

            ADOPTED RESOLUTION                          MV-BW-MR-ML-BD                       R-02-187

 

B.         Approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 3915 with the California Service Bureau at negotiated percentages contained in the agreement.

            APPROVED REQUEST                               MV-BW-MR-ML-BD                       A-3915

                                                                                                                                                (AMEND. 1)

 

50.       Closed Session.

 

Conference With Legal Counsel – Existing Litigation 

(Government Code Section 54956.9(a)):

 

Name of case:  Napa Superior Court Case No. 26-15608.

            CLOSED SESSION HELD – NO REPORTABLE ACTION

 

 

Regular Calendar

 

 

51.       Discussion and possible action regarding a subsidy to Angwin Volunteer Community Ambulance to provide compensation for dry runs/cancelled calls and lost revenue for the Angwin Response Area.

JIM FEATHERSTONE, ASSISTANT DIRECTOR, HEALTH & HUMAN SERVICES, PRESENTED REPORT.

 

SUPERVISOR VARRELMAN REQUESTED THE BOARD INCREASE THE SUBSIDY AMOUNT FROM $20,000 TO $30,000.

 

THE BOARD APPROVED THE INCREASED SUBSIDY IN THE AMOUNT OF $30,000 AND REQUESTED STAFF REVIEW OPTIONS FOR FUTURE, LONG-TERM FUNDING STRATEGIES.                                                MR-MV-ML-BW-BD


52.       Discussion and possible action including, but not limited to:

 

            SB 1975: requires two primary elections in presidential years.

THE BOARD APPROVED STAFF’S RECOMMENDATION URGING GOVERNOR GRAY DAVIS VETO SB 1975.                     MV-BW-MR-ML-BD

 

ROBERT WESTMEYER, CHIEF COUNTY COUNSEL, REPORTED ON SB 688, WHICH INCREASES THE STATUTE OF LIMITATIONS TO FILE SUIT AGAINST THE COUNTY FOR PERSONAL INJURIES FROM ONE YEAR TO TWO YEARS.  

 

THE BOARD WENT ON RECORD URGING GOVERNOR DAVIS VETO SB 688.

MV-BW-MR-ML-BD

 

 

53.       Board of Supervisors’ Committee Reports and Announcements.

NONE

 

 

54.       Board of Supervisors’ Future Agenda Items.

NONE

 

 

55.       Closed Session.

 

A.        Conference with Legal Counsel – Anticipated Litigation

 

i)          Initiation of litigation pursuant to Government Code Section 54956.9(c):  (One case)

 

ii)                   Significant exposure to litigation pursuant to Government Code

Section 54956.9(b):  (One case)

 

B.         Conference with Labor Negotiator  (Government Code Section 54957.6):

 

Agency negotiator:  Charla Freckmann, Personnel Director

Employee organization:  SEIU Local 614 (NAPE)

Unrepresented employees:  Non-Classified, Management and Confidential

Employees (Excluding Elected Officials)

 

C.        Public Employee Appointment (Government Code Section 54957)

 

            Title:  (County Executive Officer)

CLOSED SESSIONS HELD – NO REPORTABLE ACTION


Adjournment.

THE BOARD OF SUPERVISORS’ ADJOURNED ITS REGULAR MEETING, TUESDAY, SEPTEMBER 17, 2002 AT 9:00 A.M. IN HONOR OF THE EMERGENCY SERVICES WORKERS AND THE VICTIMS WHO LOST THEIR LIVES DURING THE SEPTEMBER 11, 2001 TRAGEDY.

 

 

 

                                                                                                                                                           

BILL DODD, Chairman

 

 

ATTEST:                                                                                            

TERI SISSON, Supervising Clerk of the Board

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

KEY

 

ML = Mark Luce; MR = Mike Rippey; MV = Mel Varrelman; BD= Bill Dodd; BW = Brad Wagenknecht

 

The maker of the motion and second are reflected respectively in the order of the recorded vote.

 

Notations under Vote:  N = No; X = Excused; A = Abstain