MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

 

April 1, 2003

 

 

1.         Call to Order.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, APRIL 1, 2003 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT:  CHAIRPERSON BRAD WAGENKNECHT, SUPERVISORS MARK LUCE AND DIANE DILLON. SUPERVISORS DODD AND RIPPEY WERE EXCUSED.  THE MEETING WAS CALLED TO ORDER BY CHAIR WAGENKNECHT AT 9:00 A.M.

 

 

 2.        Pledge of Allegiance.

            THE SALUTE TO THE FLAG WAS HELD.

 

 

3.                  Presentation of Certificates of Recognition to individuals who have completed the “Including All                 Children” training program.   

PRESENTATION MADE

 

 

4.         Public Comment

            CANDACE ELIZA SPOKE ABOUT THE SPECIAL NEEDS OF THE HOMELESS.

 

 

5.         Department Heads’ Reports and Announcements.

BILL CHIAT, COUNTY EXECUTIVE OFFICER, INTRODUCED AND WELCOMED PAMELA MILLER, NEW CLERK OF THE BOARD AND ADMINISTRATIVE MANAGER.

 

MR. CHIAT REQUESTED THE BOARD CANCEL THE REGULARLY SCHEDULED MEETING OF MARCH 29, 2003, AND IN ITS PLACE SCHEDULE A SPECIAL MEETING ON APRIL 15, 2003, TO CONDUCT A STUDY SESSION REGARDING THE BUDGET. 

 

SUPERVISOR LUCE COMMENTED HE WOULD BE OUT OF TOWN ON APRIL 15, 2003.

 

 

Consent Calendar

 

 6.        Auditor-Controller requests authorization to draw a warrant in the amount of $31,000 from the Napa County Fair Fund, payable to the Napa County Fair, as the second installment of the 2003 Allocation from the State.

 

 

 

7.         Treasurer/Tax Collector requests approval of the County’s Investment Policy.

 

8.                Treasurer/Tax Collector requests approval of the following persons to serve on the Napa County

Oversight Committee with the terms of office to expire on March 31, 2004:

 

            Pam Kindig                  Auditor-Controller

            Mike Rippey                Representative of the Board

            Barbara Nemko           County Superintendent of Schools or his/her designee

            Jill Techel                     A representative selected by a majority of the presiding officers of the legislative bodies of the special districts in the County that are required or authorized to deposit funds in the County treasury

            (Vacant)                       A representative selected by a majority of the presiding officers of the governing bodies of the school districts and community college district

 

  

9.         Director of Health and Human Services requests approval of and authorization for the Chair to sign Business Associate Agreements setting forth the terms and conditions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule.

(List of agreements on file with the Clerk of the Board)      A-4953 THROUGH 5052

 

10.       Director of Health and Human Services requests approval of and authorization for the Chair to sign the following Memoranda of Understanding for the term April 1, 2003 through

            August 31, 2003 clarifying respective roles and responsibilities in the California Children’s Services (CCS) and Child Health and Disability Prevention (CHDP) Programs:

 

            A.        Solano-Napa-Yolo Commission on Medical Care, dba Partnership Health Plan of California, for the CCS Program;                                                                                              A-4946

 

            B.         Solano-Napa-Yolo Commission on Medical Care, dba Partnership Health Plan of California, for the CHDP Program; and                                                                            A-4947

 

            C.        Napa-Solano Head Start, for the CHDP Program.                                            A-4948

 

 

11.       Director of Health and Human Services requests approval of and authorization for the Chair to sign the Workforce Investment Act Title I 15% Youth Special Projects Subgrant Closeout Report for the period March 1, 2001 through December 31, 2002.                                                    A-4561

 

 

12.       Agricultural Commissioner requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4760 with the California Department of Food and Agriculture extending the term through June 30, 2003 for reimbursement of costs associated with Sudden Oak Death.

                                                                                                                                                A-4760

                                                                                                                                                (AMEND. 1)

 

13.       Agricultural Commissioner requests approval of and authorization for the Chair to sign an agreement with the Napa County Winegrape Pest and Disease Control District for the term

April 1, 2003 through July 31, 2007 for the sharing of costs related to the Napa County

Glassy-winged Sharpshooter/Pierce’s Disease Workplan.                                             A-4949

 


 

14.       Director of Public Works requests award of the contract for the “Silverado Trail at Oak Knoll Avenue Deceleration Lane Project,” RDS 02-02, to Hess Construction of American Canyon, California, for their low bid of $212,770 and authorization for the Chair to sign the construction contract.

 

 

15.       Director of Public Works requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4840 with Ceres Associates increasing the amount by $20,300 for a new maximum of $38,875 for additional services to obtain environmental permits for the “Yountville Cross Road Class II Bicycle Lane Project,” PW 02-15.                                           A-4840

                                                                                                                                                (AMEND. 1)

 

16.       Director of Public Works requests approval of and authorization for the Chair to sign an agreement with Kleinfelder, Inc. for a maximum of $6,600 for the term April 1, 2003 through March 15, 2004 for the geo-technical engineering consulting services for the “Devlin Road Extension (North) Project,” PW 02-27.                                                                                                           A-4950

 

 

17.            County Counsel requests approval of and authorization for the Chair to sign Amendment No. 4 to Agreement No. 4232 with Susan McGuigan increasing the hourly rate from $125 per hour to

           $150 per hour for supplemental legal services related to development in the Airport Industrial Specific Plan Area.                                                                                                            A-4232

                                                                                                                                                (AMEND. 4)

 

18.       Human Resources Director requests adoption of a resolution amending the Departmental Allocation List in the Agricultural Commissioner’s Office to extend the limited term of four (4) Agricultural and Standards Service Worker II positions effective April 1, 2003 through

June 30, 2005 for the implementation of the Napa County Glassy-winged Sharpshooter/Pierce's Disease Workplan.                                                                                                            R-03-61

 

 

19.       Human Resources Director requests adoption of a resolution with regard to the following, effective April 12, 2003:

 

            A.        Amend the Table and Index and the Departmental Allocation List with regards to the Public Works Department; and

B.         Approve revised class specifications for Principal Public Works Engineer, Engineering Assistant I and Engineering Assistant II; and approve the new class specifications for Senior Engineering Aide and Engineering Aide.  (Details on file with the Clerk of the Board)                                                                                                               R-03-62

 

 

20.       Human Resources Director requests adoption of a resolution approving the revised class specification with regard to the position of Literacy Project Associate, effective April 1, 2003.

                                                                                                                                                R-03-63

 


 

21.       Library Director requests authorization to apply for a grant from the California State Library, Public Library Staff Education Program, in the amount of $3,547 for Fiscal Year 2003/2004.

 

 

22.       Regional Training Employment Coordinator requests approval of and authorization for the Chair to sign an agreement with the Workforce Investment Board of Solano County for $90,000 for the term October 1, 2002 through September 30, 2003 to implement Projects INCLUSION and DEVELOP for people with disabilities seeking employment.                             A-4951

 

 

23.       Regional Training Employment Coordinator requests approval of and authorization for the Chair to sign an agreement with the Workforce Investment Board of Solano County for $441,888 for the term October 1, 2002 through September 30, 2005 to implement the Nurse Workforce Initiative (NWI) project to recruit, train and certify 36 licensed nurses.                                A-4952

 

 

24.       County Executive Officer requests adoption of a resolution authorizing the Chair or, in his absence, the Vice Chair, to sign the following documents regarding the former California Department of Forestry fire station located at 3400 Jefferson Street, being redeveloped as 78 units of affordable senior housing:                                                                                           R-03-60

 

A.        Modification, Assignment and Assumption Agreement for the predevelopment loan with Napa Valley Community Housing;                                                                 A-4943

 

B.         Modification and Subordination Agreement for the land acquisition loan with Napa Valley Community Housing; and                                                                            A-4944

 

C.        Any additional documents required by the U.S. Department of Housing and Urban Development (HUD) or other lenders necessary to complete the construction and permanent loan closing transactions.                                                                A-4945

 

 

25.       County Executive Officer requests approval of and authorization for the Chair to sign the renewal of Agreement No. 3295 with the State of California for a maximum of $64,000 for the term

July 1, 2003 through June 30, 2004 with offsetting revenue from the State of California, for the Arts in Mental Health Program.                                                                                  A-3295

           

  

26.       County Executive Officer requests adoption of the Amended Fiscal Year 2003/2004 Recommended Budget Preparation/Final Hearing Schedule.

 

 

27.       County Executive Officer requests adoption of a resolution renewing the delegation of authority granted to the Napa County Treasurer-Tax Collector to invest and re-invest funds held in the County treasury for a one year period beginning April 1, 2003.                                    R-03-65

 

 


 

28.       County Executive Officer/Director of Emergency Services requests adoption of a resolution terminating the Proclamation of Local Emergency declared on December 16, 2002.

                                                                                                                                                R-03-66

 

29.       Discussion of items removed from the Consent Calendar.

            NONE

 

            APPROVED CONSENT CALENDAR NUMBERS 6 THROUGH 28.

                                                                        DD-ML-BW-BD-MR

                                                                                                X     X

 

 

Set Matters

 

30.       9:15 A.M.  Recess to the In-Home Supportive Services Public Authority of Napa County meeting.  (SEE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY OF NAPA COUNTY MINUTES.)

 

 

31.       9:30 A.M.  Status report presentation by the Chair and Executive Director of the Napa County Children & Families Commission.

            STATUS REPORT PRESENTED

 

 

32.       9:45 A.M.  PUBLIC HEARING  First and final reading and adoption of an ordinance amending the contract with the Board of Administration of the California Public Employees’ Retirement System to allow employees to purchase service credit for time worked as an extra help employee pursuant to Section 20503                                                                                         

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)].

PUBLIC HEARING HELD

 

TITLE READ

 

THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.

                                                            ML-DD-BW-BD-MR

                                                                                     X    X

 

THE BOARD ADOPTED THE ORDINANCE.

                                                                        ML-DD-BW-BD-MR                                    O-1220

                                                                                    X     X

 

 

 

 

 

 

Regular Calendar

  

33.       Discussion and possible action including, but not limited to, the following legislation:

 

A.                 Legislative Tracking List

THE BOARD EXPRESSED ITS APPRECIATION FOR THE NEWLY CREATED LEGISLATIVE TRACKING LIST.

 

B.                 Williamson Act

THE BOARD WENT ON RECORD IN OPPOSITION TO THE ELIMINATION OF THE WILLIAMSON ACT.

                                                                                    DD-ML-BW-BD-MR

                                                                                                            X     X

 

C.                 AB 941 (Yee): Napa State Hospital

THE BOARD WENT ON RECORD IN SUPPORT OF AB 941 AND REQUESTED STAFF DRAFT A LETTER TO THE APPROPRIATE LEGISLATIVE REPRESENTATIVES INCLUDING THE RECOMMENDED CHANGES FROM NAPA STATE HOSPITAL, THE FIVE BULLETED POINTS RECOMMENDED BY VARIOUS COUNTY STAFF AND TO UNDERSCORE CONCERNS REGARDING TRAINING.

                                                                                    DD-ML-BW-BD-MR

                                                                                                            X     X

 

D.                 AB 87 (Bogh): Workers Compensation Benefits for Disaster Service Workers and Their Dependents

DISCUSSED – NO ACTION TAKEN

 

E.                  HR 1165 (Thompson): National Computer Recycling Act

THE BOARD WENT ON RECORD IN SUPPORT OF HR 1165.

                                                                                    DD-ML-BW-BD-MR

                                                                                                            X     X

 

            F.         Creation of a Board legislative committee

THE BOARD APPROVED ESTABLISHING A LEGISLATION SUBCOMMITTEE.

                                                                                    DD-ML-BW-BD-MR

                                                                                                            X     X

 

34.       Board of Supervisors’ Committee Reports and Announcements.

            SUPERVISOR DILLON REPORTED ALL BOARD MEMBERS RECEIVED A COMMUNICATION FROM THE NAPA VALLEY CINCO DE MAYO REQUESTING THE BOARD PREPARE A RESOLUTION FOR THEIR EVENT BEING HELD ON MAY 4, 2003.  SHE REQUESTED STAFF PREPARE A RESOLUTION FOR CONSIDERATION BY THE BOARD AT A FUTURE MEETING.


 

34.              Continued

 

            SUPERVISOR DILLON COMMENTED SHE WOULD LIKE TO KNOW WHERE  OTHER STATE HOSPITALS ARE LOCATED, HOW THEY IMPACT THE COUNTIES IN WHICH THEY ARE LOCATED AND IF THEY ARE LOCATED IN RURAL COUNTIES.  SHE INDICATED IF THE STATE HOSPITALS ARE LOCATED IN RURAL COUNTIES, IT MAY BE BENEFICIAL TO UTILIZE OUR RURAL COUNTIES AFFILIATION TO STRENGTHEN SUPPORT FOR AB 941.  

 

35.       Board of Supervisors’ Future Agenda Items.

            SUPERVISOR LUCE REQUESTED A MEETING BE SCHEDULED WITH THE DISTRICT ATTORNEY’S OFFICE TO DISCUSS THE DETAILS OF HOW PROSECUTION OF INCIDENTS THAT OCCUR AT NAPA STATE HOSPITAL ARE HANDLED AND HOW THOSE CASES IMPACT THE COUNTY’S BUDGET.

 

 36.      Closed Session:

 

            CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Government Code Section 54956.9 (a))

 

Names of cases:

i)          Maurice MacColl vs. County of Napa (WCAB No. SFO 411621)

ii)         Donald Stanely vs. County of Napa (WCAB No. SFO 461430)

CLOSED SESSION HELD

 

THE BOARD APPROVED SETTLEMENT OF THE TWO CASES NOTED ABOVE AND THE DECISION IS ON FILE WITH THE CLERK OF THE BOARD.

 

 

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

APRIL 8, 2003 AT 9:00 A.M.

 

 

_______________________________________

                                                                                    BRAD WAGENKNECHT, Chairperson

 

                                                            ATTEST:         _______________________________________

                                                                                    MICHELLE PRICE, Deputy Clerk of the Board

 

 

 

KEY

 

Vote:    BW = Brad Wagenknecht; BD = Bill Dodd; MR = Mike Rippey; ML = Mark Luce; DD = Diane Dillon

 

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