MINUTES OF THE
MEETING
OF THE BOARD OF SUPERVISORS
COUNTY
OF NAPA
September 23, 2003
1. Call to
Order; Roll Call.
THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION,
TUESDAY, SEPTEMBER 23, 2003 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS
PRESENT: CHAIRPERSON BRAD WAGENKNECHT,
SUPERVISORS
BILL
DODD, MIKE RIPPEY, MARK LUCE AND DIANE DILLON.
THE MEETING
WAS
CALLED TO ORDER BY CHAIR WAGENKNECHT AT 9:02 A.M.
2. Pledge of
Allegiance.
MR. CHARLES SLUTZKIN LED THE SALUTE TO THE FLAG.
Presentations and
Commendations
3A. Presentation of Retirement Resolution No. 03-161 to Etta Wiedemann, Appraiser II, Assessor’s Office, in recognition of over 22 years of services.
PRESENTATION MADE R-03-161
4. Public Comment.
HERBERT FORD STATED THAT CORPORAL DESMOND T. DOSS, A WORLD WAR II HERO,
WILL BE IN NAPA COUNTY THIS WEEKEND.
MR. FORD ALSO SPOKE REGARDING BRINGING BACK THE MOBILE BOOK LIBRARY.
5. Department Directors’ Reports and Announcements.
JOHN TUTEUR,
ASSESSOR-RECORDER/COUNTY CLERK/REGISTRAR OF VOTERS
REPORTED ON THE CURRENT STATUS OF THE RECALL ELECTION, STATING THE
DECISION TO POSTPONE THE ELECTION HAD BEEN REVERSED, AND AS A RESULT THE
ELECTION WILL OCCUR ON OCTOBER 7, 2003.
BOB PETERSON, PUBLIC WORKS DIRECTOR, REPORTED THAT THE CORPS OF ENGINEERS
COMMITTED $179,000 TOWARDS THE DIGITAL ORTHOPHOTO MAPPING PROJECT. AS A RESULT,
THE ALLOCATION OF THESE FUNDS PREVIOUSLY APPROVED BY THE BOARD IS NO LONGER
NEEDED. THE CONTRACT WILL PROCEED WITH
CORPS OF ENGINEER FUNDING RATHER THAN COUNTY FUNDING.
Consent
Items
6A. 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. A-4624
6B. 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. BT-14
6C. 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. A-4460
(AMEND.
1)
6D. 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
R-03-171
2) Approval of and authorization for the Chair to sign revised County Agreement
No. 6089. A-6089
6E. 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. A-4210
6F. 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. A-4354
6G. 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
A-4549
2) Agreement No. 4660 with Don Scully,
MFT, for a maximum of $1,500.
A-4660
6H. 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. A-6126
6I. 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 A-6127
2) A Business Associate agreement
setting forth the terms and conditions of the Health Insurance Portability and
Accountability Act of 1996 (HIPAA) Privacy Rule. A-6128
6J. 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 A-4317
2) A Business Associate Agreement setting
forth the terms and conditions of the Health Insurance Portability and
Accountability Act of 1996 (HIPAA) Privacy Rule. A-6129
6K. 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 A-6132
6K. Continued
2) A Business Associate Agreement
setting forth the terms and conditions of the Health Insurance Portability and
Accountability Act of 1996 (HIPAA) Privacy Rule. A-6133
6L. 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. A-6125
6M. 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.
A-6131
6N. 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. A-6123
6O. 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. A-4461
(AMEND.
2)
6P. 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. A-6016
(AMEND.
1)
6Q. 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
6Q. Continued
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.
6R. 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.”
6S. 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. A-6130
6T. 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 BT-12
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.
6U. 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) BT-13
6V. 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.
BT-15
6W. 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) R-03-167
6X. 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.
6Y. Approve
minutes of Board of Supervisors’ meeting of September 9, 2003.
SUPERVISOR DILLON ABSTAINED FROM THIS ITEM.
6Z. Information Technology Services Director requests approval of and authorization for the Chair to sign a cooperation agreement with the U.S. Geological Survey to receive a maximum of $8,964 for the term October 1, 2003 through July 31, 2004 to implement the National Spatial Data Infrastructure metadata standards for the County’s GIS. A-6124
7. Discussion of Items Removed from the Consent Calendar.
NONE
APPROVED
CONSENT CALENDAR ITEMS 6A THROUGH 6Z, AS NOTATED ABOVE.
MR-BD-ML-DD-BW
Set Matters - Public Hearings
8A. 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).
ADOPTED RESOLUTION, AS AMENDED R-03-166
MR-ML-BD-DD-BW
8B. 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)
ADOPTED RESOLUTION, AS AMENDED R-03-169
BD-DD-MR-ML-BW
9A. 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.
THE BOARD DIRECTED STAFF TO MOVE FORWARD WITH THE MEMORANDUM OF
UNDERSTANDING WITH THE CITY OF NAPA, AND TO PLAN A JOINT MEETING WITH THE BOARD
OF SUPERVISORS AND THE NAPA CITY COUNCIL FOR OCTOBER 7, 2003 AT 3:30 P.M.
BD-MR-ML-DD-BW
9B. 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.
ADOPTED RESOLUTION ML-MR-BD-DD-BW R-03-170
9C. 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)]
PUBLIC
HEARING HELD
TITLE READ
THE
BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.
BD-MR-ML-DD-BW
THE
BOARD DECLARED INTENT TO ADOPT THE ORDINANCE. BD-MR-ML-DD-BW
10. Discussion and possible action on SB
1049. (Supervisor Dillon)
THE BOARD DIRECTED STAFF TO SEND A
LETTER TO THE GOVERNOR ADDRESSING THE COUNTY’S CONCERNS ON SB 1049 (BUDGET
TRAILER BILL).
11. Board
of Supervisors’ Committee Reports and Announcements.
SUPERVISOR WAGENKNECHT ANNOUNCED HE IS WORKING ON A
MAILING TO SONOMA AND SOLANO COUNTY BOARDS OF SUPERVISORS INVITING THEM TO A
JOINT MEETING TO DISCUSS MUTUAL CONCERNS AND BUILD COMRADERY.
SUPERVISOR
LUCE COMMENTED THAT IT MIGHT BE A GOOD IDEA TO ALSO INVITE LAKE COUNTY.
12. Board of
Supervisors’ Future Agenda Items.
SUPERVISOR RIPPEY REQUESTED A COMMUNITY WORKSHOP BE
PLANNED FOR A FUTURE MEETING DATE TO ADDRESS CONCERNS ABOUT THE POTENTIAL FOR
ESTABLISHING CASINOS LOCALLY.
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)
CLOSED SESSIONS HELD – NO REPORTABLE ACTION
B. CONFERENCE WITH LEGAL COUNSEL –
ANTICIPATED LITIGATION
1) Initiation of litigation pursuant
to subdivision (c) of Government Code Section 54956.9: (One case)
CLOSED SESSION NOT HELD
2) 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 BOARD
OF SUPERVISORS’ REGULAR MEETING, TUESDAY,
SEPTEMBER 30, 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