MINUTES OF THE
MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF NAPA
November 4, 2003
1. Call to
Order; Roll Call.
THE
BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY,
NOVEMBER 4, 2003 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRPERSON BRAD WAGENKNECHT, SUPERVISORS
BILL
DODD, MARK LUCE AND DIANE DILLON.
SUPERVISOR MIKE RIPPEY WAS EXCUSED AT ROLL CALL, BUT ARRIVED DURING ITEM
4. THE MEETING WAS CALLED TO ORDER BY
CHAIR WAGENKNECHT AT 9:03 A.M.
2. Pledge of Allegiance.
MR. PIPER LED THE SALUTE TO THE FLAG.
3. Presentations and Commendations.
NONE
4. Public Comment.
5. Department Directors’ Reports and
Announcements.
NONE
6A. Director
of Child Support Services requests approval of and authorization for the Chair
to sign an agreement (AUD No. 5560-03) with Kevin Hudgins for a maximum amount
of $10,000 for the term October 15, 2003 through June 30, 2004 to perform audit
preparation of child support accounts. A-6164
6B. County Fire Chief requests approval of
and authorization for the Chair to sign Amendment No. 1 to Agreement No. 6089
(State Contract No. 03YS0041) with the California Department of Veterans
Affairs for the term October 1, 2003 through
June 30, 2006 for the continued provision of fire services by the County of
Napa to the Yountville Veterans Home. A-6089
(AMEND.
1)
6C. Director of Health and Human Services
requests approval of and authorization for the Chair to sign the renewal of
Agreement No. 3236 with Queen of the Valley Hospital, through its HIV Network
Program, for a maximum of $39,100 for the term April 1, 2003 through March 31,
2004 to provide case management services under the Ryan White Comprehensive
AIDS Resources Emergency (CARE) Program. A-3236
6D. Director of Health and Human Services
requests approval of and authorization for the Chair to sign the following
agreements with Queen of the Valley Hospital HIV Network Program for the term
July 1, 2003 through June 30, 2004:
1) Renewal of Agreement No. 3580 for a maximum of $31,080 to provide Housing Opportunities for Persons with AIDS (HOPWA) service; and A-3580
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-6165
6E. Director of Health and Human Services
requests approval of and authorization for the Chair to sign the renewal of
Agreement No. 3742 with the California Department of Health Services (CDHS) for
a maximum of $1,000 for the term July 1, 2003 through June 30, 2004 for costs
associated with the AIDS Drug Assistance Program (ADAP). A-3742
6F. Director of Health and Human Services
requests approval of and authorization for the Chair to sign the renewal of
Agreement No. 4074 with Martin L. Forst, Ph.D., for a maximum of $10,000 for
the term July 1, 2003 through June 30, 2004 to provide tobacco control
services.
A-4074
6G. Director of Health and
Human Services requests approval of and authorization for the Chair to sign the
renewal of Agreement No. 4187 with Sheila Daugherty for a maximum of $50,000
for the term July 1, 2003 through June 30, 2004 to provide consultation
regarding Alcohol and Drug Prevention services. A-4187
6H. 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 to
provide medical consultation services in the California Children’s Services and
Medical Therapy Unit programs:
1)
Agreement No. 4197 with Janet Lord, M.D., for a maximum of $78,000; and
2) Agreement No. 4674 with Michael
Shifflett, M.D., for a maximum of $12,000.
A-4674
6I. Director of Health and Human Services
requests approval of and authorization for the Chair to sign the renewal of
Agreement No. 4580 with Napa Valley College for a maximum of $25,000 for the
term July 1, 2003 through June 30, 2004 to provide training to clients
participating in the Training and Employment Center program. A-4580
6J. Director of Health and Human Services
requests approval of and authorization for the Chair to sign the renewal of
Agreement No. 4627 with Victor Kogler for a maximum of $4,000 for the term July
1, 2003 through June 30, 2004 to provide fiscal consultation to alcohol and
drug prevention programs. A-4627
6K. Director of Health and
Human Services requests approval of and authorization for the Chair to sign the
following agreements with ALDEA, Inc., for the term November 4, 2003 through
June 30, 2004:
1) Agreement
for a maximum of $23,055 to provide alcohol and drug prevention services; and A-6166
2) Agreement
for a maximum of $51,251 to provide services for the Juvenile Drug Court.
A-6167
6L. Director of Health and
Human Services requests approval of and authorization for the Chair to sign the
following agreements with John Pearson for the term July 1, 2003 through
June 30, 2004:
1) An
agreement for a maximum of $20,000 to provide consultation services for the
Juvenile Drug Court; and A-6168
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-6169
6M. Director of Health and
Human Services requests approval of and authorization for the Chair to sign a
revenue agreement with the California Department of Health Services (CDHS) for
a maximum of $201,731 for the term July 1, 2002 through August 30, 2004 for
bioterrorism preparedness activities. A-6170
6N. Director of Health and Human Services
requests approval of and authorization for the Chair to sign an agreement with
ALDEA, Inc., for a maximum of $1,690 for the term August 1, 2003 through June
30, 2004 to provide services in the Children’s Behavioral Health and Child
Welfare Services Programs. A-6171
6O. Director of Health and
Human Services requests approval of and authorization for the Chair to sign an
agreement with Napa Ambulance Service, Inc., dba Piner’s, for the term
November 4, 2003 through February 28, 2008 for Exclusive Operating Area
1. A-6172
6P. Director of Health and
Human Services requests authorization for the Chair to sign a letter of support
for all Emergency Medical Services aircraft services and for continuation of
the Life Flight programs.
6Q. Library Director requests Board approval
to accept a California Library Literacy Services grant in the amount of $48,679
for Fiscal Year 2003/2004.
6R. Director
of Public Works requests approval of and authorization for the Chair to sign an
agreement with Kleinfelder, Inc. for an amount not to exceed $16,289 for the
term November 4, 2003 through June 30, 2004 for Geo-technical engineering
consulting services for the “2003 Airport Expansion Project,” PW 02-06. A-6173
6S. Director of Emergency Services requests
the following actions pertaining to the Office of Homeland Security Grant
Program:
1) Acceptance of the Fiscal Year 2002 Homeland Security Grant, awarded July 3, 2003 in the amount of $170,665;
2) Acceptance of the Fiscal Year 2003 Homeland Security Supplemental Grant, awarded August 12, 2003 in the amount of $340,974; and
3) Approval
of Budget Transfer No. 24 increasing the appropriations in the Emergency
Services Budget by $511,639 with offsetting revenues from the Office of
Homeland Security. (4/5 vote required) BT-24
6T. Human
Resources Director requests the adoption of a resolution amending the
Departmental Allocation List for the Library with regard to adding one (1)
Library Assistant I/II-Limited Term position effective November 8, 2003 through
June 30, 2004. R-03-187
6U. Human Resources Director requests adoption
of a resolution amending the Departmental Allocation List with regard to
deleting one (1) .75 Office Assistant II position and adding one (1) Community
Aide designated bilingual position in the Behavioral Health Division of the
Health & Human Services Agency, effective November 4, 2003. R-03-188
6V. Human Resources Director requests adoption
of a resolution regarding the following actions in the Assessor/Recorder-County
Clerk-Elections Department, effective January 3, 2004, with no net increase in
the total number of positions:
1) Amend the Departmental Allocation List and the Table and
Index for the Assessor/Recorder-County Clerk-Elections Department; and
2) Amend the Employer-Employee Relations Policy, Management
Compensation Plan and Overtime Policy. R-03-189
6W. Human Resources Director requests approval
of and authorization for the Chair to sign Amendment No. 2 to Agreement No.
4735 with Carrie Hays dba The Halle Group for a
maximum of $20,000 for the term October 1,
2003 through June 30, 2004. A-4735
(AMEND.
2)
6X. Information Technology
Services Director requests approval of and authorization for the Chair to sign
Amendment No. 1 to Agreement No. 6137 with Neko Industries, increasing the
amount by $1,238 for a new maximum of $28,144 for additional maintenance and
support of the County’s document and image management system. A-6137
(AMEND.
1)
6Y. County Executive Officer requests adoption
of a resolution establishing an adhoc committee to review the fee proposal
outlined in the Maximus study and present the Committee’s recommendations
regarding revisions to the County’s fee structure to the Board for its
consideration. R-03-190
6Z. County
Executive Officer/Purchasing Agent requests the Board of Supervisors to declare
certain items of personal property as surplus and no longer required for public
use and to authorize their disposal at public auction. (Complete list on file with the Clerk of the
Board)
6AA. Approve
minutes of Board of Supervisors’ meetings of October 21, October 16 and
October 14, 2003.
APPROVED, WITH AMENDMENTS TO OCTOBER 16, 2003.
7. Discussion of items removed from the
Consent Calendar.
NONE
APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6AA, AS AMENDED AND NOTATED
ABOVE.
BD-DD-MR-ML-BW
A. 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)
B. 10:00 A.M. Presentation by the Association of Bay Area
Governments (ABAG) and possible adoption of a resolution approving associate
membership in the ABAG Finance Authority for Nonprofit Corporations for the
purpose of participation in their Lease-Purchase Home Ownership Program. R-03-191
A-6174
C. 10:30
A.M. Director of Environmental
Management requests first and final reading and adoption of an ordinance
amending the Napa County Code by amending Chapters 13.15, 15.08, 18.124 and
18.128 pertaining to the establishment of permit requirements for the
extraction and use of pumped groundwater as a water source on affected
properties, exemptions therefrom and related findings.
ENVIRONMENTAL
DETERMINATION: Categorical Exemption. (California
Environmental Quality Act (CEQA) Guidelines Section 15308) Class 8 Action by regulatory agency for
protection of the environment.
PUBLIC HEARING HELD – TESTIMONY PRESENTED
TITLE
READ
THE
BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.
ML-BD-MR-DD-BW
THE
BOARD APPROVED THE CATEGORICAL EXEMPTION.
ML-DD-BD-MR-BW
THE
BOARD ADOPTED THE ORDINANCE. O-1230
BD-DD-MR-ML-BW
THE
BOARD REMANDED THE ORDINANCE BACK TO THE CONSERVATION, DEVELOPMENT AND PLANNING
COMMISSION FOR FURTHER REVIEW OF requirements
of hook-up and/or usage of public water/recycled water when available, AND DIRECTED STAFF TO REPORT BACK TO THE BOARD
ON DECEMBER 16, 2003 AT 2:30 P.M.
D. 11:30 A.M. Ad Hoc Advisory Group to report back on the
proposal to increase the Transient Occupancy Tax (TOT) rate from 10.5% to
12.0%, subject to voter approval.
REPORT GIVEN – NO ACTION TAKEN
E.
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)
F. 2:30 P.M. Joint meeting with the Conservation,
Development and Planning Commission for a presentation on the Brown Act to be
given by County Counsel and the Clerk of the Board of Supervisors.
PRESENTATION GIVEN – NO ACTION TAKEN
9A. Chief
Probation Officer and Director of Health and Human Services to provide an
update regarding the Substance Abuse Treatment Options Program (STOP), mandated
by
Proposition 36.
UPDATE GIVEN – NO ACTION TAKEN
10A. Discussion
and possible action authorizing the Chair to send a letter to the
Governor-elect urging the protection of local revenue related to Vehicle
License Fees.
SUPERVISOR DILLON MOTIONED TO APPROVE THE LETTER WITH MINOR AMENDMENTS.
SUPERVISOR RIPPEY AMENDED THE MOTION TO ADD VERBIAGE TO THE LETTER TO
REINFORCE THE GOVERNOR-ELECT’S CAMPAIGN PROMISE OF NOT RAISING TAXES UNLESS THE
STATE WAS IN AN EMERGENCY SITUATION. HE
STATED DUE TO THE SOUTHERN CALIFORNIA FIRES, CALIFORNIA SHOULD BE CONSIDERED IN
A STATE OF EMERGENCY.
SUPERVISOR DILLON APPROVED OF THE AMENDMENT
TO THE MOTION.
REQUEST APPROVED, AS AMENDED.
DD-BD-MR-ML-BW
11. Board
of Supervisors’ Committee Reports and Announcements.
NONE
12. Board of Supervisors’ Future Agenda
Items.
NONE
13. County Executive Officer Reports and
Announcements.
NONE
14. Closed
Session.
A. CONFERENCE
WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
1) Significant exposure to litigation pursuant to subdivision
(b) of Government
Code Section 54956.9:
(One case)
2) Initiation
of litigation pursuant to subdivision (c) of Government Code Section 54956.9: (One case)
14. Continued
B. CONFERENCE WITH LEGAL COUNSEL -
EXISTING LITIGATION
(Government Code
Section 54956.9 (a))
Name of case: Jorge Deharo, Hector Olvera,
Latinos Unidos de Napa, an Unincorporated Association v. County of Napa et. al.
(Case No. 26-22255)
CLOSED SESSIONS HELD – NO REPORTABLE ACTION
Adjournment.
ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,
NOVEMBER 18, 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