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.

            NONE

 

 

5.         Department Directors’ Reports and Announcements.

            NONE

 

Consent Calendar

 

           

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

A-4197

 

            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

 

 

Set Matters – Public Hearings

 

 

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


 

Administrative Items

 

 

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

 

 

Legislative Items

 

 

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