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MINUTES OF TH= E
MEETING OF THE BOARD OF SUPERVISORS
July 27, 2004
1. &nbs=
p; Call
to Order; Roll Call.
THE BOARD OF SUPERVISORS OF THE
2. &nbs=
p; Pledge
of Allegiance.
THE SALUTE TO=
THE
FLAG WAS HELD.
3. &nbs=
p; Presentations
and Commendations.
&=
nbsp; NONE
4. &nbs=
p; Public
Comment.
JOSIE JENKINS SPOKE REGARDING BUILDING PARKING STRUCTURES AND SUGGESTED THE BOARD CONSIDER BUILDING UNDERGROUND PARKING GARAGES RATHER THAN ABOVEGROUND FACILITIES.
5. &nbs=
p; Department
Directors' Reports and Announcements.
JIM FEATHERST=
ONE,
ASSISTANT DIRECTOR OF HEALTH AND HUMAN SERVICES, REPORTED ON THE SUCCESS OF=
THE
NEXT STEP PROGRAM, CITING AN INDIVIDUAL HE RECENTLY SAW WHO SUCCESSFULLY
COMPLETED THE PROGRAM AND IS NOW A PRODUCTIVE MEMBER OF SOCIETY AND DOING V=
ERY
WELL.
Cons=
ent
Calendar
6A.
1.&n= bsp; Agreement No. 4391 at a monthly rate of $3,346 per = male ward; and
&nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; A-4391
2. Amendment No. 1 of Agreement No. 6215 at a monthly rate of $3,559 per
&nbs=
p; &=
nbsp; &nbs=
p; female
ward. &n=
bsp;  =
; &n=
bsp;  =
; &n=
bsp;  =
; &n=
bsp;  =
; A-6215
=
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; (AMEND.
1)
6B. Napa Special Investigations Bureau (NSIB) Governing Board requests approval of t= he following distribution totalling $138,000 from seized and forfeited funds f= rom narcotic/drug trafficking investigations in Napa County (4/5 vote required)= :
1.
2. Napa Police Department 23.5% 32,430
3. Bureau of Narcotic Enforcement 11.0% 15,180
4. St. Helena Police Department 9.0% 12,420
5. Calistoga Police Department 9.0% 12,420
6. Napa Probation Department 6.0% 8,280
6C. Dire= ctor of Health and Human Services requests approval of and authorization for the Chair to sign the renewals of the following agreements for a maximum of $12= ,000 each for the term
May 18, 2004 through June 30, 2005 to provide Touchpoi= nts child development training:
1. Agreement No. 4440 with
 =
; &n=
bsp;  =
; &n=
bsp;  =
; &n=
bsp;  =
; &n=
bsp;  =
; A-4440
2. Agreement No. 4445 with Ralph Myers, M.D. &= nbsp; &nbs= p; &= nbsp; A-444= 5
6D.
&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p;
6E. Director
of Health and Human Services requests approval of and authorization for the
Chair to sign Amendment No. 1 to Agreement No. 4667 with Care Network, LLC,
decreasing the amount by $4,000 for a new maximum of $6,000 to provide in-h=
ome
protective services to dependent adults.&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; A-4667
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; (AMEND.
1)
6F. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements with George Monteverdi, M.D., for the term July 27, 2004 through June 30, 2005:
1. Agreement for a maximum of $39,000 to provide medical consultation services
 = ; &n= bsp; in the California Children’s Services and Medical Therapy Unit Programs;= and
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; A-6302
2. Business Associate Agreement setting forth the terms and conditions of the
 = ; = Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule.<= o:p>
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; A-6302-1
6G. Dire= ctor of Health and Human Services requests approval of the following actions regarding Karen Lee Smith, M.D.:
1. Waiver of the registered voter requirements of Government = Code Section
24001 in regard to item (2) finding that waiver i= s in the best interest of the County to prevent an interruption in essential services;
2. Authorization for the Chair to sign an agreement with Karen Lee Smith, M.D.,
 = ; &n= bsp; appointing her to serve as Interim Napa County Health Officer for a maximum of
&nbs= p; &= nbsp; &nbs= p; $27,440 for the term August 1, 2004 through September 30, 2004; and
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; A-6303
3. 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. &=
nbsp; &=
nbsp; &nbs=
p; &=
nbsp; A-6303-1
6H.
1. Authorization for the Chair to sign a revenue agreement wi=
th
the
 = ; &n= bsp; Department of Health Services for a maximum of $197,470 for the term
 =
; &n=
bsp; September
1, 2003 through August 30, 2005; and =
&=
nbsp; &nbs=
p; A-6301
2. Budget Transfer No. 8 increasing appropriations by $90,023= in the Public Health budget with offsetting revenues from the HRSA grant to fu= nd contract
 =
; =
expenditures
and administrative costs. (4/5 vote required) &=
nbsp; BT-8
6I.
6J.
6K.
6L.
July 1, 2004 through June 30, 2005, for a new cost of
$37,596 annually. &n=
bsp;  =
; A-4478
=
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
(AMEND.
1)
6M.
6N.
6O.
6P.
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; R-04-108
6Q.
6R.
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; BT-7
6S.
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; (AMEND.
1)
&nbs= p; &= nbsp; &nbs= p;
6T.
6U.
Name &nbs=
p; &=
nbsp; &nbs=
p; Re=
presenting
&nb=
sp; =
&nb=
sp; Term
Expires
Seth Hudson &nbs= p; &= nbsp; &nbs= p; Economic Development &= nbsp; &nbs= p; June 30, 2005
Name &nbs=
p; &=
nbsp; &nbs=
p; Re=
presenting
&=
nbsp; &nbs=
p; &=
nbsp; Term
Expires
Christine Burns = &nb= sp; Private Sector Business &nb= sp; = June 30, 2006
Robert Eickmeier  = ; &n= bsp; One-Stop Partner  = ; &n= bsp;  = ; June 30, 2006
Jacqueline Gitman &nbs= p; &= nbsp; Community Based Organization = June 30, 2006
Larry Glenn &nbs= p; &= nbsp; &nbs= p; Labor &= nbsp; &nbs= p; &= nbsp; &nbs= p; June 30, 2006
Randy Gourley &n= bsp;  = ; Labor &= nbsp; &nbs= p; &= nbsp; &nbs= p; June 30, 2006
Reuben Katz &nbs= p; &= nbsp; Private Sector Business &nb= sp; = June 30, 2006
Maritza Monge &n= bsp;  = ; Private Sector Business &nb= sp; = June 30, 2006
Barbara Nemko &n= bsp;  = ; Education &= nbsp; &nbs= p; &= nbsp; Ju= ne 30, 2006
Brad Wagenknecht  = ; &n= bsp; Board of Supervisors &nbs= p; &= nbsp; June 30, 2006
7. &nbs=
p; Discussion
of Items Removed from the Consent Calendar.
&=
nbsp; NONE
 =
; APPROVED
CONSENT CALENDAR ITEMS 6A THROUGH 6U.
 =
; &n=
bsp;  =
; &n=
bsp;  =
; &n=
bsp; BW-MR-BD-DD-ML
 =
; &n=
bsp;  =
; &n=
bsp;  =
; &n=
bsp;  =
; &n=
bsp; X
Set
Matters and Public Hearings
8A.
= 1. Adoption of a resolution amending t= he Airport Industrial Area Specific Plan relating to limitations on commercial= retail use and hotels; and
=
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp;
= 2. First and final reading and adoptio= n of an ordinance amending Section 18.44.020 of the Napa County Code relating to accessory commercial uses in the General Industrial Zoning District. &= nbsp; &nbs= p; &= nbsp;
ENVIRONMENTAL DETERMINATION: Categorical Exemption pursuant to Class 5 (CEQA Guidelines Section 15305), minor alteration to a land use limitation.
&=
nbsp; PUBLIC HEARING HELD – NO TESTIM=
ONY
PRESENTED
 =
; ADOPTED
RESOLUTION &nb=
sp; MR-BD-BW-DD-ML &=
nbsp; &nbs=
p; &=
nbsp; R-04-110
 =
; &n=
bsp;  =
; &n=
bsp;  =
; &n=
bsp;  =
; &n=
bsp; X
 =
; TITLE
READ
 =
; THE
BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.
 =
; &n=
bsp;  =
; &n=
bsp;  =
; &n=
bsp;  =
; &n=
bsp; X
8A. Continued
 =
; ADOPTED
ORDINANCE &nbs=
p; MR-BW-BD-DD=
-ML &=
nbsp; &nbs=
p; &=
nbsp; O-1244
 =
; &n=
bsp;  =
; &n=
bsp;  =
; &n=
bsp;  =
; X
8B.
ENVIRONMENTAL DETERMINATION: The proposed action involves the denial of a project = and thus is not subject to CEQA (14 CCR 15270).
THE BOARD REMANDED THE ITEM BACK TO STAFF FOR FURTH=
ER
CONSIDERATION AND CONTINUED THE ITEM TO AUGUST 17, 2004 AT 11:00 A.M.
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; BD-BW-MR-DD-ML
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; X
9A.
THE BOARD DIRECTED STAFF TO MOVE FORWARD WITH THE
TRANSFER OF THE JUVENILE JUSTICE FACILITY, THE CRIMINAL COURTS BUILDING, AND
RETURN TO THE BOARD WITH TWO OPTIONS FOR THE HISTORICAL COURTHOUSE.
10. &nb=
sp; Legislative
Items.
11.
S=
UPERVISOR
WAGENKNECHT REPORTED THAT ON JULY 21, 2004, HE ATTENDED A MEETING REGARDING
INDIAN GAMING WITH YOLO,
12. &nb=
sp; Board
of Supervisors' Future Agenda Items.
&=
nbsp; NONE
13. &nb=
sp;
NANCY WATT, C=
OUNTY
EXECUTIVE OFFICER, REPORTED RECEIVING A PRESS RELEASE FROM THE CALIFORNIA STATE ASSOCIATION OF COU=
NTIES
(CSAC), INDICATING THE LEGISLATURE AND GOVERNOR REACHED AN AGREEMENT ON THE=
STATE
BUDGET AND THAT A VOTE IS EXPECTED BY JULY 30, 2004.
13. &nbs= p; Continued
MS. WATT STATED THE BUDGET PACKAGE INCLUDES A 2/3 V=
OTE
REQUIREMENT FOR THE STATE TO BORROW MONEY FROM LOCAL GOVERNMENTS; THE STATE=
IS
ALLOWED TO BORROW ONLY TWICE IN TEN YEARS; THE LOAN FROM LOCAL GOVERNMENTS =
FOR
THE NEXT TWO YEARS IS $2.6 BILLION, WITH
$1.3 MILLION PER YEAR FOR THE NEXT TWO YEARS;
CONSTITUTIONAL PROTECTION ON THE NOVEMBER BALLOT; PAYBACK OF VEHICLE LICENSE
FEE (VLF) BACKFILL OF APPROXIMATELY $2 MILLION FOR NAPA COUNTY TO BE
PAID BACK BY THE STATE IN 2006; AND ALL UNPAID MANDATES WOULD BE PAID BACK =
BY
THE STATE IN 2006.
14. &nb=
sp; Closed
Session.
A. CONFERENCE WITH LABOR NEGOTIATOR (= Government Code Section 54957.6)
Agency Designated Representatives: Dennis Morris, Human Resources
Director Employee Organization: SEIU Local 614 - NAPE = (Employee
Unit & Supervisory Unit of the
Unrepresented Employees: Non-Classified, Management and
Confidential Employees of the
B. CONFERENCE WITH LABOR NEGOTIATOR = span>(Government Code Section 54957.6)
Agency Designated Representatives: Dennis Morris, Human
Resources Director Employee Organization:
CLOSED SESSION HELD – NO REPORTABLE ACTION
14. Closed Session.
 =
; C.
Consideration and possible acti=
on to
hold a closed session because there is a need to take immediate action and =
the
need came to the attention of the local agency subsequent to 9:00 AM on
Saturday, July 24, 2004.
(4/5ths=
vote
of the Board, or unanimous vote if less than 4/5ths of the Board are presen=
t is
required)
APPR=
OVED
REQUEST =
=
span>BD-BW-MR-DD-ML
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; =
X
&=
nbsp;
D. PUBLIC EMPLOYEE
DISCIPLINE/DISMISSAL/RELEASE (Government Code Section 54957)
&=
nbsp; CLOSED
SESSION HELD – NO REPORTABLE ACTION
6V. =
Consideration=
and
possible action to approve Consent Item 6W because there is a need to take
immediate action and the need came to the attention of the local agency
subsequent to 9:00 AM on
Saturday, Ju=
ly 24,
2004.
(4/5 vote of=
the
Board, or unanimous vote if less than 4/5ths of the Board is present is
required.)
APPROVED
REQUEST =
=
span>BD-BW-MR-DD-ML
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; =
X
6W. =
Director of Public Works
requests authorization for the Chair, or in the absence of the Chair, the V=
ice
Chair, to sign a Certification of Acceptance of a Grant Deed to
&=
nbsp; APPROVED
REQUEST =
=
span>BW-BD-MR-DD-ML
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; X
Adjournment.
ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEE= TING, TUESDAY,
AUGUST 3, 2004, AT 9:00 A.M.
DIANE DIL= LON, Vice-Chairperson
ATTEST: =
PAMELA MI= LLER, Clerk of the Board
KEY=
Vot=
e: ML =3D Mark Luce; DD =
=3D Diane
Dillon; BD =3D Bill Dodd; MR =3D Mike Rippey; BW =3D Brad Wagenknecht
The=
maker
of the motion and second are reflected respectively in the order of the
recorded vote.
Notations
under Vote: N =3D No; X =3D E=
xcused; A
=3D Abstain
July 27, 2004 =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
Page 8