MINUTES OF THE
MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF NAPA
July 15, 2003
1. Call to Order; Roll Call.
THE BOARD OF SUPERVISORS OF THE
COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, JULY 15, 2003 AT 9:00 A.M. WITH
THE FOLLOWING MEMBERS PRESENT: CHAIRPERSON
BRAD WAGENKNECHT, SUPERVISORS MIKE RIPPEY, MARK LUCE AND DIANE DILLON. SUPERVISOR BILL DODD WAS EXCUSED. THE MEETING WAS CALLED TO ORDER BY CHAIR
WAGENKNECHT AT 9:01 A.M.
2. Pledge of Allegiance.
MR. NORRIS LED THE
SALUTE TO THE FLAG.
3. Public Comment.
MARCY CALSTRO SPOKE ABOUT THE CLOSING
OF THE LOS NINOS CHILD CARE CENTER AND URGED THE BOARD TO DO SOMETHING LOCALLY
TO FIND THE FUNDS TO KEEP THE PROGRAM OPEN.
LOLA
CORNISH SPOKE ABOUT THE CLOSING OF THE LOS NINOS CHILD CARE CENTER, STATING
THAT HER DAUGHTER ATTENDS THIS CHILD CARE CENTER AND IT HAS BEEN DIFFICULT TO
EXPLAIN TO HER DAUGHTER WHY SHE MIGHT NOT BE ABLE TO GO BACK TO THE SCHOOL
TOMORROW.
DAVID
BAKER, EXECUTIVE DIRECTOR OF SEIU LOCAL 614, SPOKE ABOUT AN INITIATIVE BEING UNDERTAKEN
BY HIS UNION AND SEVERAL OTHER ORGANIZATIONS.
THE INITIATIVE IS CALLED THE BUDGET ACCOUNTABILITY ACT, WHICH WOULD HOLD
THE LEGISLATORS AND GOVERNOR ACCOUNTABLE TO PASS A BALANCED BUDGET BY THE
REQUIRED DEADLINE OR THEY DO NOT GET PAID; CHANGES THE VOTE REQUIRED TO PASS A
BUDGET FROM A TWO-THIRDS VOTE TO A 55 PERCENT VOTE; AND PROVIDES THAT THE
LEGISLATURE CANNOT UNDERTAKE ANY OTHER BUSINESS AFTER THE BUDGET DEADLINE HAS
PASSED UNTIL A BALANCED BUDGET HAS BEEN PASSED. MR. BAKER STATED THE PROCESS TO HAVE THIS ACT ON THE BALLOT NEXT
MARCH IS GOING WELL, AND ASKED THE BOARD TAKE THIS ACT UNDER CONSIDERATION.
COLLEEN
DAUGHERTY SPOKE ABOUT THE CLOSING OF NUESTRA ESPERANZA, STATING IT HAS
OBTAINED $30,000 FROM QUEEN OF THE VALLEY HOSPITAL, WHICH WILL ALLOW THEM TO
STAY OPEN FOR THREE MONTHS.
MS. DAUGHERTY COMMENTED THAT THE
LATINO COMMUNITY IN NAPA IS UNDER-SERVICED AND CORE PROGRAMS SUCH AS THIS ONE
MUST BE SUSTAINED, AND REQUESTED THE BOARD PLACE THE ISSUE OF RESPONDING TO
LATINO NEEDS ON A FUTURE AGENDA.
4. Department Directors’ Reports and
Announcements.
JANET MCCOY, LIBRARY
DIRECTOR, COMMENTED ON AGENDA ITEM
NUMBER 27 ON TODAY’S AGENDA.
SHE SPOKE ABOUT DR. AND MRS. STEPHEN A. LAY AND THE $10,000 DONATION DR.
LAY MADE TO THE LIBRARY.
MS. MCCOY THANKED DR. AND MRS. LAY FOR THEIR GENEROSITY.
BOB PETERSON, PUBLIC WORKS DIRECTOR, REPORTED LEARNING ABOUT
A LETTER FROM CALTRANS INDICATING THEY ANTICIPATE RUNNING OUT OF FUNDS IN THE
STATE HIGHWAY ACCOUNT AFTER JULY 20, 2003, WHICH COULD HAVE AN IMPACT ON THE
TRANCAS/HIGHWAY 29 PROJECT.
5. Chief
Probation Officer requests approval of and authorization for the Chair to sign
the renewal of Agreement No. 4777 with Community Action of Napa Valley for a
maximum of $26,034 for the period July 1, 2003 to June 30, 2004 for provision
of individual and family counseling for wards of the Juvenile Hall. A-4777
6. Chief
Probation Officer requests approval of and authorization for the Chair to sign
the renewal of Agreement No. 4787 with Community Health Clinic Ole for a
maximum of $3,000 for the period July 1, 2003 to June 30, 2004 for provision of
gang awareness counseling at Juvenile Hall.
A-4787
7. Chief
Probation Officer requests approval of and authorization for the Chair to sign
Amendment No. 1 to Agreement No. 4391 with the County of Solano at a rate of
$2,995 per ward per month for the term of July 1, 2003 through June 30, 2005
for placement of Napa County wards at Fouts Springs Youth Facility. A-4391
(AMEND.
1)
8. Auditor-Controller
requests the Board accept and instruct the Clerk of the Board to file the
Follow-up Letter for the audit of the Napa County Auditor-Controller’s Office
for the fiscal year ended June 30, 2000.
(Copy on file with the Clerk of the Board.)
9. Auditor-Controller
requests the Board accept and instruct the Clerk of the Board to file the
Monitoring Reports for Project INCLUSION for the Sonoma County Human Services
Department, the Marin County Health and Human Services Department and the Napa
County Training and Employment Center Division for the program year ended
September 30, 2002. (Copy on file with
Clerk of the Board.)
10. Director
of Health and Human Services requests approval of and authorization for the Chair
to sign the renewal of Agreement No. 4675 with Community Action of Napa Valley,
Inc. for a maximum of $20,000 for the term July 1, 2003 through June 30, 2004
to provide services under the Substance Abuse Treatment Options Program (STOP). A-4675
11. Director
of Health and Human Services requests approval of and authorization for the
Chair to sign the renewal of Agreement No. 4712 with Janet Cain, Ph.D., for a
maximum of $1,000 for the term July 1, 2003 through June 30, 2004 to provide
counseling services in the Substance Abuse Treatment Options Programs (STOP). A-4712
12. Director
of Health and Human Services requests approval of and authorization for the
Chair to sign the renewal of Agreement No. 1885 with Linda Bancke, Ph.D., for a
maximum of $66,190 for the term July 1, 2003 through June 30, 2004 to provide
psychological services to clients in the children’s programs. A-1885
13. Director
of Health and Human Services requests approval of and authorization for the
Chair to sign the renewal of Agreement No. 2100 with ALDEA, Inc., for a maximum
of $48,490 for the term July 1, 2003 through June 30, 2004 to provide
therapeutic services to clients in the Children’s Behavioral Health Program. A-2100
14. Director of Health and Human Services
requests approval of and authorization for the Chair to sign the renewal of
Agreement No. 4348 with J. Michael Murphy, Ed.D., for a maximum of $13,860 for
the term July 1, 2003 through June 30, 2004 to provide consultation services regarding
children at risk. A-4348
15. Director
of Health and Human Services requests approval of and authorization for the
Chair to sign the renewal of Agreement No. 4888 with Napa Valley First
Impressions, Inc., for a maximum of $29,356 for the term July 1, 2003 through
June 30, 2004 to provide career clothing to CalWORKs clients. A-4888
16. Director
of Health and Human Services requests approval of and authorization for the
Chair to sign the following Business Associate Agreements setting forth the
terms and conditions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
Privacy Rule:
A. Sarah Boggs, MFT
B. JoAnne
Hall, MFT A-6077
C. Sherri
Hollman, MFT A-6078
D. Javed
Iqbal, M.D. A-6079
E. Cathy
Parker, LCSW A-6080
F. Sharilyn
Marshall, MFT A-6081
THIS ITEM WAS AMENDED TO
REMOVE SARAH BOGGS, MFT
17. Director
of Health and Human Services requests approval of the following actions
regarding Thomas L. Charron, M.D.:
A.
Approval to waive requirements of
Government Code Section 24000;
B. Authorization
for the Chair to sign an agreement with Thomas L. Charron, M.D., appointing him
to serve as Interim Napa County Health Officer for a maximum of $153,520 for
the term July 18, 2003 through June 30, 2004; and A-6082
C. Authorization
for the Chair to sign a Business Associate Agreement setting forth the terms
and conditions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
Privacy Rule. A-6083
18. Director
of Health and Human Services requests authorization for the Auditor-Controller
to pay a claim over one year old totaling $645.62 to Ansell Health Care Company
for payment of use taxes on health supplies purchased from December 31, 2001
through
May
22, 2003.
19. Director
of Health and Human Services requests approval of and authorization for the
Chair to sign the following agreements for the term July 1, 2003 through June
30, 2004 for counseling services in the Children’s Behavioral Health and Child
Welfare Services Programs:
A. Renewal
agreements:
1. Agreement No. 4278 with Community Action of Napa Valley, Inc. for
a maximum of $1,872; A-4278
2.
Agreement No.
4372 with JoAnne Hall, MFT, for a maximum of $1,000;
A-4372
3.
Agreement No.
4601 with Del Domezio, LCSW, for a maximum of $2,800;
A-4601
4.
Agreement No.
4613 with Nancy Waldeck, MFCC, for a maximum of $9,000;
A-4613
5.
Agreement No.
4649 with Gerane Park, LCSW, for a maximum of $750;
A-4649
6.
Agreement No.
4823 with Joni Yacoe, MFT, for a maximum of $1,500;
A-4823
7.
Agreement No.
4849 with Mary Lou Carson, LCSW, for a maximum of $2,450; and
A-4849
8.
Agreement No.
4934 with Bill Ruhs, MFT, for a maximum of $2,750. A-4934
B. Agreement with Sarah
Boggs, MFT, for a maximum of $3,120. A-6084
20. Director of Health and Human Services
requests approval of and authorization for the Chair to sign the following
agreements regarding the Mental Health Outpatient Managed Care Program:
A. Renewals for the term July 1, 2003
through June 30, 2004:
1.
Agreement No. 4542 with Sharon
Harp, MFT, for a maximum of $6,000;
A-4542
2.
Agreement No. 4543 with Persis
Hamilton, MS, RN, for a maximum of $16,000;
A-4543
3.
Agreement No. 4547 with Joni
Yacoe, MFT, for a maximum of $8,000; and
A-4547
4.
Agreement No. 4550 with Carol
Nagle, LCSW, for a maximum of $3,000.
A-4550
B. Agreements
for a maximum of $2,500 each for the term July 1, 2003 through
June
30, 2004:
1. Agreement with Cathy Parker, LCSW; A-6085
2. Agreement with Sherri Hollman, MFT; and A-6086
3. Agreement with Sharilyn Marshall, MFT. A-6087
C. Agreement with Javed Iqbal, M.D., for a
maximum of $20,000 for the term
July 15, 2003 through June 30, 2004. A-6088
21. Director of Public Works
requests acceptance of the work as complete and authorization for the Chair to
sign and instruct the Clerk of the Board to file a Notice of Completion with
the Clerk/Recorder for Contract No. RDS 02-02, “Silverado Trail At Oak Knoll
Avenue Deceleration Lane Project.”
22.
Director of
Environmental Management requests approval of and authorization for the Chair
to sign Amendment No. 5 to Agreement No. 3119 with Wizard Associates extending
the term to
June 30, 2004 with the potential for
annual extensions for computer programming and instructional services. A-3119
(AMEND. 5)
23. County Fire Chief requests
the following actions:
A. Approval of and authorization for the Chair
to sign an agreement (State Contract No. 03YS0041) 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; and A-6089
B. Adoption
of resolution authorizing execution of the Agreement. R-03-120
24. County
Executive Officer requests approval of and authorization for the Chair to sign
Amendment No. 1 to Agreement No. 4922 with AON Consulting and Insurance
Services increasing the amount by $7,800 for a new maximum of $25,300 for the
term July 1, 2002 through June 30, 2004 to provide consulting services
regarding employee compensation and benefit programs.
A-4922
(AMEND.
1)
25. County
Executive Officer requests adoption of a resolution amending the Departmental
Allocation List for the Health & Human Services Agency with regards to
deleting one (1) Mental Health Worker I/II (LT) and adding one (1) Social
Worker III (LT) effective July 19, 2003.
R-03-119
26. County Executive Officer requests the
Board:
A. Accept and file the 2002-03 Grand Jury
Final Report with the Clerk of the Board; and
B. Direct the County Executive Officer to
prepare a response to the Grand Jury Report by September 22, 2003 as prescribed
by law. (Report on file with the Clerk
of the Board).
27. Library Director requests
the following actions:
A. Authorization to accept a donation of
$10,000 from the estate of
Dr. Stephen A. Lay, and
B. Approval of Budget Transfer No. 1,
increasing appropriations by $10,000 with offsetting revenues. (4/5 vote
required) BT-01
28. County Executive Officer requests
reappointment of Richard F. Hum, representing Supervisorial District #2, and
Katherine A. Parrett, representing Supervisorial District #3, to serve on the
Area Agency on Aging Serving Napa and Solano Counties with the term of office
to expire July 1, 2005.
29. Approve
minutes of Board of Supervisors’ meeting of June 24, April 8, March 25 and
March 24, 2003.
MINUTES OF JUNE 24,
2003, ITEM NUMBER 60, WILL BE AMENDED TO REFLECT THE DIRECTION THE BOARD GAVE
STAFF.
30. Discussion of items removed from the Consent Calendar.
NONE
APPROVED CONSENT CALENDAR ITEMS 5 THROUGH 29, AS AMENDED.
ML-DD-BD-MR-BW
X
31. 9:15
A.M. - The Board of Supervisors sitting as the Board of Trustees of the
Monticello Public Cemetery District.
(SEE MONTICELLO PUBLIC
CEMETERY DISTRICT MINUTES)
32. 9:30 A.M. – Board of Supervisors meeting as a Board of
Equalization.
(SEE BOARD OF EQUALIZATION MINUTES)
33. 1:30 P.M. Recess to the Napa County Flood Control and
Water Conservation District meeting.
(SEE
NAPA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT MINUTES)
34. 2:00 P.M. Public Hearing.
Consideration and possible action regarding an
appeal filed by Rutherford Hill Winery to a decision by the Conservation,
Development and Planning Commission on February 19, 2003 to approve a
modification to the Kathryn Hall Winery Use Permit (Use Permit Modification
request No. 02423-MOD) to relocate a previously approved special design septic
system to a new location on the subject property, located on a ±40.00 acre
parcel on Auberge Road, a private road off of Rutherford Hill Rd. approximately
7000 ft. north of Silverado Trail within an AW (Agriculture Watershed) zoning
district. (Assessor’s Parcel
#030-300-033) 60 Auberge Rd., Rutherford.
ENVIRONMENTAL DETERMINATION: Negative
Declaration Prepared. According
to the proposed Negative Declaration, the proposed project would have no
potentially significant environmental impacts.
(CONTINUED FROM JUNE 3,
2003)
PUBLIC
HEARING HELD
THE
BOARD UPHELD THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION’S DECISION
AND DENIED THE APPEAL. THE BOARD REFERRED THE MATTER BACK TO STAFF FOR
PREPARATION OF FINDINGS OF FACT. THE
FINDINGS ARE TO INCLUDE ADDITIONAL REVIEW OF THE MODIFIED CONDITION OF
APPROVAL, FURTHER DELINEATING THE MONITORING REQUIREMENTS TO FURTHER SECURE THE
PROTECTION OF PUBLIC HEALTH AND SAFETY, AS WELL AS THE FAIR ARGUMENT AND
SUBSTANTIAL EVIDENCE SUGGESTION. THE
FINDINGS WILL BE PRESENTED TO THE BOARD ON SEPTEMBER 9, 2003 AT 10:00 A.M.
ML-MR-BD-DD-BW
35. Discussion
and possible direction to staff on the creation of an advisory committee
regarding open space and parks district. (Supervisor Wagenknecht)
THE BOARD APPROVED INITIATION OF AN ADVISORY COMMITTEE AND
THE EFFORT TO CREATE AN OPEN SPACE AND PARKS DISTRICT.
MR-ML-BD-DD-BW
X
35.
Continued
THE BOARD ELECTED SUPERVISOR WAGENKNECHT AS THE BOARD LIAISON
TO THE COMMITTEE.
X
36. Discussion
and possible action including, but not limited to, the following legislation:
Assessor-County
Clerk/Recorder requests the Board to direct a letter to the Secretary of State
and other appropriate State and Federal officials regarding the proposed
disbursement of Federal Help America Vote Act (HAVA) funds to insure an
appropriate allocation of those funds to local entities for the purchase of
replacement voting systems.
X
37. Board of Supervisors’ Committee Reports and Announcements.
SUPERVISOR DILLON
REPORTED THAT SHE, PATRICK LOWE, DEPUTY PLANNING DIRECTOR, BRIAN BORDONA,
PLANNER III, AND CONSULTANT STEVE DAHS WENT TO THE BOARD OF FORESTRY LAST WEEK
AND WERE SUCCESSFUL IN GETTING THE LOCAL RULES PACKAGE APPROVED TO THE NEXT
LEVEL.
38. Board of Supervisors’ Future Agenda Items.
SUPERVISOR DILLON
REQUESTED THE BOARD ALLOW MR. RICH BURNS FROM THE BUREAU OF LAND MANAGEMENT TO
MAKE A PRESENTATION ON SEVERAL ISSUES IN THE KNOXVILLE AREA INCLUDING TRAILS,
ROAD NAME CHANGES, ENFORCEMENT, AND FEDERAL LEGISLATION ACTION REGARDING
PAYMENT IN LIEU OF TAX FUNDS. HE WILL
ALSO TALK ABOUT QUAIL RIDGE CONSERVANCY SAFETY ISSUES.
39. County
Executive Officer Report.
MR. CHIAT REPORTED ON THE BUDGET SITUATION AND REVIEWED
SEVERAL IMPACTS TO THE COUNTY OF NAPA, INCLUDING THE STOPPAGE OF CALTRANS’
PROJECTS AND THE LACK OF VEHICLE LICENSE FEE (VLF) BACKFILL PAYMENTS TO THE
COUNTY. MR. CHIAT STATED THAT EFFECTIVE
JUNE 19, 2003 THE VLF PAYMENTS FROM THE STATE WILL STOP, AND THAT THE VLF
PAYMENT RECEIVED IN JUNE FROM THE STATE WAS SHORT $200,000. HE ALSO SPOKE BRIEFLY ABOUT SEVERAL
DIFFERENT BUDGET OPTIONS THE STATE IS CONSIDERING, AND THE IMPACTS TO THE
COUNTY OF THOSE OPTIONS.
MR. CHIAT REPORTED THAT STAFF IS PREPARING REVISIONS TO THE
GROUNDWATER ORDINANCE FOR CONSIDERATION BY THE BOARD.
39. Continued
MR. CHIAT STATED THAT THE CODE ENFORCEMENT TEAM CONTINUES TO
MEET AND DISCUSS CODE ENFORCEMENT.
MR. CHIAT ALSO REPORTED ON THE MAXIMUS FEE STUDY, STATING
THAT WHILE GOOD PROGRESS IS BEING MADE ON THE FEE STUDY, MAXIMUS IS
EXPERIENCING STAFF SHORTAGES, WHICH WILL PUT THE PROJECT BEHIND APPROXIMATELY
ONE MONTH. HE STATED STAFF IS EXPECTING
TO PROVIDE A REPORT TO THE BOARD IN MID TO LATE SEPTEMBER.
40. Closed Session
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of
Government
Code Section 54956.9: (One case)
CLOSED SESSION HELD – NO
REPORTABLE ACTION.
Adjournment.
ADJOURNED TO THE
BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,
JULY 22, 2003 AT
9:00 A.M.
___________________________________
BRAD WAGENKNECHT, Chairperson
ATTEST: ___________________________________
PAMELA
MILLER, 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