MINUTES OF THE
MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF NAPA
March 16, 2004
1. Call to Order; Roll Call.
THE
BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY,
MARCH 16, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRPERSON MARK LUCE, SUPERVISORS BILL
DODD,
BRAD
WAGENKNECHT AND DIANE DILLON.
SUPERVISOR MIKE RIPPEY WAS EXCUSED.
THE MEETING WAS CALLED TO ORDER BY CHAIR LUCE AT 9:02 A.M.
2. Pledge of Allegiance.
JACKIE DOLLAR-HARRISON, EXECUTIVE DIRECTOR OF CHILD
START, INC., LED THE SALUTE TO THE FLAG.
3. Presentations
and Commendations.
NONE
4. Public Comment.
IRVING THOMAS SPOKE REGARDING NEXTEL COMMUNICATION’S
INSTALLATION OF AN ANTENNA WITHOUT THE PROPER PERMIT, STATING THE PERMIT WAS
APPROVED AFTER THE INSTALLATION. MR.
THOMAS REQUESTED AN INVESTIGATION INTO THE SITUATION, A MEETING WITH HIS
DISTRICT SUPERVISOR, AND A PUBLIC HEARING ON THE VISUAL IMPACTS OF THE
ANTENNAS.
HERBERT FORD SPOKE REGARDING THE MOBILE PUBLIC
LIBRARY, AND REQUESTED AN UPDATE REGARDING THE STATUS OF HIS REQUEST TO
RE-INSTITUTE THIS SERVICE.
CHAIR LUCE REQUESTED STAFF PROVIDE THE BOARD AN
UPDATE IN WRITING ON THIS REQUEST.
PATRICK LYNCH, ASSISTANT DIRECTOR OF CONSERVATION,
DEVELOPMENT AND PLANNING, RESPONDED TO MR. THOMAS’ COMMENTS, AND SAID HIS DEPARTMENT WILL FOLLOW UP WITH MR. THOMAS
VERBALLY AND IN WRITING.
5. Department Directors’ Reports and Announcements.
JOHN TUTEUR, ASSESSOR-RECORDER/COUNTY
CLERK/REGISTRAR OF VOTERS, REPORTED ON THE RESULTS OF THE MARCH 2, 2004
ELECTION.
MR. TUTEUR SAID THAT STATE LAW REQUIRES A MANUAL
TALLY ON ALL TYPES OF VOTING SYSTEMS, INCLUDING PAPER AND ELECTRONIC
BALLOTS. HE SAID DURING THEIR MANUAL
TALLY OF PAPER BALLOTS, HIS STAFF FOUND A DISCREPANCY IN THE COUNT. HE REPORTED THAT THE CAUSE WAS IDENTIFIED AS
THE MACHINE THAT READS THE BALLOTS WAS NOT PROPERLY CALIBRATED. THE VENDOR CALIBRATED THE MACHINE, AND
MR. TUTEUR STATED THAT HE RAN PAPER BALLOTS THROUGH
AGAIN WITH ACCURATE RESULTS.
MR. TUTEUR REPORTED THAT THERE ARE 13,300 PAPER
BALLOTS THAT WILL BE RE-PROCESSED BY HIS STAFF ON MARCH 17, 2004, AND HE PLANS
ON HAVING THE RESULTS AVAILABLE BY 5:00 P.M. THAT SAME DAY.
MR. TUTEUR STATED THERE IS AN ELECTRONIC CARTRIDGE
THAT CONTAINS INFORMATION ON HOW EACH VOTER VOTED WHEN USING THE ELECTRONIC
VOTING MACHINES. HE SAID WHEN DOING THE
MANUAL TALLY FOR THE ELECTRONIC MACHINES IN ONE PRECINCT HE TOOK THOSE
PRINT-OUTS AND MANUALLY COUNTED THE VOTES WITH A 100% MATCH. MR. TUTEUR SAID HE IS CURRENTLY PROCESSING A
SECOND PRECINCT FOR THE SAME VERIFICATION.
Consent Calendar
6A. Director of Child Support Services requests approval of
and authorization for the Chair to sign an agreement with Cushman Computer
Consulting, Inc. (“C3”) with an option
for automatic renewal each fiscal year for a one time initial fee of $8,500 and
ongoing monthly maintenance costs of $400 to implement electronic data
processing. A-6252
6B. Director of Health and Human Services requests
approval of and authorization for the Chair to sign the following amendments to
provide services in the Mental Health Outpatient Managed Care Program:
1) Amendment
No. 2 to Agreement No. 4037 with Ron Haimowitz, Ph.D., increasing the amount by
$16,000 for a new maximum of $31,000; A-4037
(AMEND. 2)
2) Amendment
No. 2 to Agreement No. 4268 with Del Domezio, LCSW, increasing the amount by
$5,000 for a new maximum of $25,000; A-4268
(AMEND. 2)
3) Amendment No. 2 to
Agreement No. 4550 with Carol Nagle, LCSW, increasing the amount by $4,000 for
a new maximum of $12,000; A-4550
(AMEND. 2)
6B. Continued
4) Amendment No. 2 to
Agreement No. 4551 with Maureen O’Shea, Ph.D., increasing the amount by $10,000
for a new maximum of $22,000; A-4551
(AMEND. 2)
5) Amendment No. 1 to
Agreement No. 4553 with Fred Hollander, MFT, increasing the amount by $4,000
for a new maximum of $12,000; A-4553
(AMEND. 1)
6) Amendment No. 2 to
Agreement No. 6041 with Cathy Smith, MFT, increasing the amount by $10,000 for
a new maximum of $15,500; and A-6041
(AMEND. 2)
7)
Amendment
No. 1 to Agreement No. 6087 with Sharilyn Marshall, MFT, increasing the amount
by $10,000 for a new maximum of $12,500.
A-6087
(AMEND. 1)
6C. Director of Health and Human Services requests approval of and authorization
for the Chair to sign an agreement with Alternatives for Better Living, Inc.
for a maximum of $15,000 for the term February 1, 2004 through June 30, 2004 to
provide residential and case management services for transitional housing
clients of the Substance Abuse Treatment Options Program (S.T.O.P.).
A-6253
6D. Director of Health
and Human Services requests approval of and authorization for the Chair to sign
an agreement with the Boys and Girls Club of Napa Valley for a maximum of $49,878
for the term February 1, 2004 through August 31, 2004 to provide youth skills
training services.
ITEM HELD FOR
DISCUSSION
APPROVED
AGREEMENT BW-BD-MR-DD-ML A-6254
X N
SUPERVISOR DILLON
VOTED AGAINST THE ITEM DUE TO THE FACT THAT THESE SERVICES WOULD NOT BE OFFERED
UP-VALLEY.
6E. Director of Health
and Human Services requests approval of and authorization for the Chair to sign
an agreement with COPE Family Center for a maximum of $89,641 for the term
February
1, 2004 through August 31, 2004 to provide family-based prevention services.
ITEM HELD FOR
DISCUSSION
APPROVED
AGREEMENT BW-BD-MR-DD-ML A-6255
X N
SUPERVISOR DILLON
VOTED AGAINST THE ITEM DUE TO THE FACT THAT THESE SERVICES WOULD NOT BE OFFERED
UP-VALLEY.
6F. Director of Health
and Human Services requests approval of the following actions regarding the
Napa County Stabilization Center for the term July 1, 2003 through June 30,
2004:
1) Authorization for the Chair to sign
an agreement with Community Action of Napa Valley, Inc., for a maximum of
$8,223 to provide services for the Napa County Stabilization Center; and A-6256
2) Budget
Transfer No. 51 in the amount of $31,466 offset by the cancellation of County
Designations increasing appropriations in the Substance Abuse Services budget
unit for current year expenses for the Napa County Stabilization Center. (4/5
vote required) BT-51
6G. Director of Health
and Human Services requests approval of the following actions regarding the
completion of mandatory Self-Assessment and County Improvement Plan reports
required under Assembly Bill 636:
1) Authorization for the Chair to sign
an agreement with Allen, Shea & Associates for a maximum of $22,100 for the
term February 23, 2004 through September 30, 2004 to provide assistance and
consultation on the preparation of two mandatory reports to the State of
California; and A-6257
2) Budget
Transfer No. 52 increasing appropriations by $18,012 in the Social Services
budget with offsetting revenue from the Child Welfare Services Allocation
Augmentation to fund contract expenditures. (4/5 vote required) BT-52
6H. Library Director requests authorization to:
1) Accept a donation in the amount of $8,000 from the
Friends of the Napa Library for a portion of the cost of carpet replacement in
the Napa Main Library; and
2) Approve
Budget Transfer No. 54 appropriating $8,000 in the Library Capital Improvement
Program. (4/5 vote required) BT-54
6I. Director of Public Works requests approval of and authorization
for the Chair to sign Amendment No. 3 to Lease Agreement No. 4151 with Robert
C. Jessell, for office space located at 1804 Soscol, Suite 205, Napa,
California, for the term October 1, 2003 through June 30, 2004 at an annual
cost of $28,764. A-4151
(AMEND. 3)
6J. Director of Public Works requests approval of and
authorization for the Chair to sign Amendment No. 1 to Agreement No. 6091 with
Intrepid Electronics Systems, Inc. increasing the amount by $32,900 for a new
maximum of $76,350 to update the Andover Security Control System software for
the Criminal Courts Building. A-6091
(AMEND. 1)
6K. Director of Public Works requests
adoption of a resolution temporarily closing portions of Henry Road from 7:00
A.M. to 10:00 A.M. on Saturday, April 3, 2004 for the running of the Carneros
Vineyard Run. R-04-34
6L. Director of Public Works/Aviation requests approval of
and authorization for the Chair to sign a Memorandum of Understanding between
Pacific Union College and the County of Napa for a Master Plan feasibility
study of the Angwin Airport located at Howell Mountain Road in Angwin,
California. A-6258
6M. Director of
Emergency Services requests approval of the following actions pertaining to the
purchase of certain fixed assets utilizing approved Homeland Security grant
monies:
1) Budget Transfer No. 50 transferring
$43,303 within the Emergency Services budget to fund the requested fixed
assets; (4/5 vote required) BT-50
2) Establishment of the following fixed
assets in the Emergency Services budget for equipment; (4/5 vote required)
Two (2) Microwave Radio/Repeaters (Constellation 6 GHz; 4 DS1) $31,544
One (1) IMACS 356 System (accessories to radio/repeaters) $11,759
3) Waiver of competitive bidding
requirements to make a sole source award for the purchase of these fixed assets
from Harris Corporation for a total of $43,303 pursuant to County Ordinance
Code 2.36.090.
6N. Human Resources Director requests rescinding Resolution No.
04-15, approved
February 10, 2004, and adoption of a resolution
amending the Departmental Allocation List as follows for the Health and Human
Services Agency and its divisions, effective
March 27, 2004: R-04-35
1) Delete
eighteen (18) defunded positions and one (1) funded position;
2) Add
two (2) positions; (Details on File with Clerk of the Board) and
3) Approve Budget Transfer No. 46 increasing appropriations
by $21,952 in the Social Services division budget, with offsetting revenues
from the SB 163 Trust Account. (4/5
vote required) BT-46
6O. Local Enforcement Agency Manager requests
adoption of a resolution authorizing:
1) The application to the California
Integrated Waste Management Board for a Waste Tire Enforcement Grant in the amount of $50,496, for the term July 1, 2004 through June 30,
2005; and
2) The Assistant County Executive
Officer to execute the required documents.
R-04-36
6P. County Executive Officer requests approval of Budget Transfer No. 53 in the amount of $276,042 offset by a cancellation County Designations, increasing appropriations in the Central Services budget unit to pay the County portion of the federal child support automation penalty.
(4/5 vote required) BT-53
6Q. County Executive Officer requests the following appointments to
the Tobacco Advisory Board with the term of office to expire January 31, 2006:
Applicants Representing
Janet
Butler* Health
Care Organization
Gil
Gallegos Community Representative
Susan M.
Grant* Community Representative
Charlene
Reilly* Health Care Organization
Fred H.
Thieme* At Large
Member
R.
Elaine Wilmes* Educational
Institution
*Incumbent
7. Discussion of items removed from the Consent Calendar.
SEE ITEMS 6D AND 6E.
APPROVED CONSENT CALENDAR ITEMS
6A THROUGH 6R, AS NOTATED ABOVE.
DD-BW-BD-MR-ML
X
Set Matters – Public
Hearings
8A. 9:15 A.M.
Executive
Director of Child Start, Inc. to provide an update to the Board.
UPDATE GIVEN
8B. 9:30
A.M. Board of
Supervisors meeting as a Board of Equalization.
(SEE BOARD OF EQUALIZATION
MINUTES)
8C. 10:30 A.M. County
Executive Officer requests consideration and possible establishment of a Napa
Valley Arts & Culture Commission.
APPROVED REQUEST DD-BD-MR-BW-ML
X
8D. 11:00 A.M. Child Abuse Prevention Council of Napa County (CAPC)
and the Napa County Citizen Review Panel (CRP) to present annual reports.
REPORTS PRESENTED
8E. 11:30 A.M. Closed
Sessions.
1) 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
SESSION HELD – NO REPORTABLE ACTION
2) CONFERENCE
WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to
litigation pursuant to subdivision (b) of Government Code
Section 54956.9: (Three cases)
CLOSED
SESSION HELD – NO REPORTABLE ACTION
3) PUBLIC
EMPLOYEE PERFORMANCE EVALUATION
(Government Code
Section 54957)
Title: County Executive Officer
CLOSED SESSION HELD – NO REPORTABLE ACTION
8F. 2:30 P.M. PUBLIC
HEARING Consideration and possible
action regarding an appeal filed by HCV Napa Associates to a decision by the
Conservation, Development and Planning Commission on December 17, 2003 to deny
the Montalcino at Napa Valley Use Permit to construct a 408,184 square foot
resort hotel and conference facility including: 1) 379 rooms consisting of 358 guest rooms and 21 villa suites;
2) a 52,380 square foot conference facility with a maximum occupancy of 1,000
attendees; 3) two restaurants, a bar, and a deli with a combined seating
capacity of 450; 4) a 5,682 square foot special events building; 5) a 15,287
square foot spa and fitness facility; 6) one outdoor swimming pool; 7) four
outdoor tennis courts; 8) 1,045 parking spaces; and, 9) widening of Devlin Road
to four lanes between Soscol Ferry Road to the southeastern corner of the
project site for a distance of approximately 5,800 feet. The project site is on 71.77 acres located
west of Devlin Road approximately 1,950 feet north of the intersection of
Devlin Road and Airport Boulevard within the IP:AC (Industrial Park: Airport
Compatibility Combination)
8F. Continued
Zoning District. (Assessor’s Parcel Nos: 057-020-006,
057-020-017, 057-020-018, 057-020-020, & 057-210-002) ENVIRONMENTAL
DETERMINATION: Revised Final
Environmental Impact Report prepared.
(CONTINUED FROM FEBRUARY 10,
2004 AND MARCH 9, 2004)
PUBLIC HEARING HELD – TESTIMONY
PRESENTED
PUBLIC HEARING CONTINUED TO APRIL
6, 2004 AT 11:15 A.M.
Administrative
Items
9A. Supervisors Luce and Dillon request:
1) Approval of and
authorization for the Chair to sign comment letter to the Bureau of Reclamation endorsing Alternative
“B” of the Draft Environmental Impact Statement (DEIS) with further
consideration of specific water and land use elements of Alternative “D” as
part of subsequent environmental process; and
APPROVED REQUEST, AS AMENDED
BW-BD-MR-DD-ML
X
2) Direction to staff to
return on April 6, 2004 with adoption of resolution providing further support
for Alternative “B” consistent with the comment letter.
APPROVED
REQUEST BW-DD-BD-MR-ML
X
9B. Supervisor Luce requests the Board of Supervisors
review and provide direction to staff on requests contained in the February 13,
2004 letter by Charles Meibeyer on various issues related to launching of
balloons.
THE BOARD DIRECTED STAFF TO ENTER INTO
NEGOTIATIONS TO ALLOW A LEASE OF SPACE ON COUNTY LAND TO PROVIDE A BALLOON
LAUNCHING LOCATION FOR VARIOUS BALLOON COMPANIES. THE PARCEL IS THE NORTHERN PORTION OF THE COUNTY’S YOUNTVILLE
CORPORATION YARD.
10. Legislative Items.
NONE
11. Board of Supervisors’ Committee Reports and Announcements.
NONE
12. Board of Supervisors’ Future Agenda
Items.
NONE
13. County Executive Officer Reports and
Announcements.
WILLIAM CHIAT, COUNTY EXECUTIVE OFFICER, REPORTED
THE COUNTY WAS USING A RECRUITMENT FIRM TO AID IN THE SEARCH OF A NEW
CONSERVATION, DEVELOPMENT AND PLANNING DIRECTOR DUE TO THE RETIREMENT OF
CHARLES WILSON. MR. CHIAT STATED PART
OF THE RECRUITMENT WOULD INCLUDE INTERVIEWS WITH THE BOARD AS WELL AS INPUT ON
DESIRED QUALIFICATIONS FROM VARIOUS STAKEHOLDERS IN THE COMMUNITY.
14. Closed Session.
REFER TO ITEM 8E.
Adjournment.
ADJOURNED TO BOARD
OF SUPERVISORS’ REGULAR MEETING, TUESDAY,
MARCH 23, 2004 AT
9:00 A.M.
____________________________________
MARK LUCE, Chairperson
ATTEST: _____________________________________
PAMELA
MILLER, Clerk of the Board
KEY
Vote: ML =
Mark Luce; DD = Diane Dillon; BD = Bill Dodd; MR = Mike Rippey; BW = Brad
Wagenknecht
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