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MINUTES OF TH= E
MEETING OF THE BOARD OF SUPERVISORS
August 31, 2004
1. =
; Call
to Order; Roll Call.
THE BOARD=
OF
SUPERVISORS OF THE
2. &nbs=
p; Pledge
of Allegiance.
&=
nbsp; MIKE
RODRIGUEZ LED THE SALUTE TO THE FLAG.
3. =
; Presentations
and Commendations.
&= nbsp; NONE<= o:p>
4. =
; Public
Comment.
&= nbsp; NONE<= o:p>
5. =
; Department
Directors' Reports and Announcements.
&= nbsp; NONE<= o:p>
Cons=
ent
Calendar
6A.
1. Acceptance of the grant in the amount of $10,000 for the t= erm July 1, 2004 through June 30, 2005;
2. Authorization for the Chief Probation Officer to sign the agreement with the State Board of Corrections; and
3. Approval of Budget Transfer No. 21 increasing appropriatio= ns by $10,000 with = span>offsetting revenues in the Probation budget. &nbs= p; &= nbsp; &nbs= p; &= nbsp; BT-21
6B.
1. Acceptance of a donation in the amount of $32,000 from the Juvenile Justice Network;
2. Approval of Budget Transfer No.19 increasing appropriation= s in the Probation Department in the amount of $32,000 with offsetting revenues;= and BT-19
6B. Conti= nued
3.&n= bsp; Approval of and authorization for the Chair to sign= the renewal of Agreement No. 4802 with Isadora Asch for a maximum of $30,000 for the term July 1, 2004 through
 =
; June
30, 2005. &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; A-4802
6C.
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; A-6315
6D.
1. Approval of Budget Transfer No. 18 transferring $72,173 fr= om the Public Administrator/Public Guardian/Public Conservator budget unit to = the District Attorney budget unit; and &nb= sp; = &nb= sp; &= nbsp; &nbs= p; &= nbsp; &nbs= p; BT-18
2. Authorization to establish an imprest cash fund in the amo= unt of $250 for conservatee emergencies for the Public Guardian/Public Conserva= tor Office, under the responsibility and jurisdiction of Health & Human Services Agency.
6E.
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; A-4839
6F.
6G.
=
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
(AMEND.
2)
6H.
=
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
(AMEND.
1)
6I.
1. Amendment No. 2 to Agreement No. 4656 decreasing the amoun= t by $5,000 for a new maximum of $30,000 and modifying the insurance requirement= of the agreement to provide psychiatric services to clients of the Therapeutic Child Care Center; and
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; A-4656
=
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; (AME=
ND.
2)
2. Amendment No. 1 to Agreement No. 6075 modifying the insura=
nce requirement
of the agreement to provide psychiatric services to clients in the children=
's
mental health program. &nb=
sp; =
&nb=
sp; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; A-6075
&nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; (AMEND.
1)
6J.
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; A-4705
=
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; (AME=
ND.
2)
6K.
1. Authorization for the Chair to sign Amendment No. 1 to Agreement No. 6095
increasing the amount by $30,862 f= or a new maximum of $128,104; and
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; A-6095
=
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; (AME=
ND.
1)
2. Budget Transfer No. 22 increasing appropriations by $30,86= 2 in the Social Services budget with offsetting revenues from the SB163 allocati= on to fund contract expenditures. (4/5 vote required) &n= bsp; &= nbsp; &nbs= p; &= nbsp; BT-22
6L.
6M.
1. Agreements for a maximum of $5,000 each for the term July = 1, 2004 through
June 30, 2005:
a. Agreement with Cheryl Anderson, MFT; =
&nb=
sp; =
A-6317
b. Agreement with Bethany Craigie, MFT; =
&nb=
sp; =
A-6318
c. Agreement with Gila Freeberg, LCSW; = &nb= sp; = A-6319
d. Agreement with Angie Ito, LCSW; = &nb= sp; A-6320
e. Agreement with Frieda Weinstein, MFT; =
&nb=
sp; =
A-6321
f. Agreement with James Jones, Ph.D.; &= nbsp; &nbs= p; &= nbsp; &nbs= p; A-6322
g. Agreement with Joan Marie Seidel, MFT; = &nb= sp; A-6323
h. Agreement with Jeanne Fisher-Cervone, MFT; &= nbsp; &nbs= p; A-6324
i. Agreement with Laurel Antonucci, LCSW; &= nbsp; &nbs= p; A-6325
j. Agreement with Barbara Goldsmith, MFT; and &= nbsp; &nbs= p; A-6326
k. = Agreement with Nancy Waldeck, MFCC. = &nb= sp; A-6327
2. Business Associate Agreements setting forth the terms and conditions of the Health Insurance Accountability and Portability Act of 19= 96 (HIPAA) Privacy Rule:
a. Agreement with Cheryl Anderson, MFT; =
&nb=
sp; =
A-6317-1
b. Agreement with Bethany Craigi= e, MFT; &nb= sp; = &nb= sp; A-6318-1
c.
Agreement with Gila Freeberg,=
LCSW; &=
nbsp; &nbs=
p; &=
nbsp; A-6319-1
d. Agreement with Angie Ito, LCS= W; &= nbsp; &nbs= p; &= nbsp; A-6320-1
e. Agreement with Frieda Weinstein, MFT; = &nb= sp; = A-6321-1
f. Agreement with James Jones, Ph.D.; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; A-6322-1
g. Agreement with Joan Marie Seidel, MFT; =
&nb=
sp; A-6323-1
h. Agreement with Jeanne Fisher-Cervone, MFT; &=
nbsp; &nbs=
p; A-6324-1
i. Agreement with Laurel Antonucci, LCSW; and &=
nbsp; &nbs=
p; A-6325-1
j. Agreement with Barbara Goldsmith, MFT. &=
nbsp; &nbs=
p; A-6326-1
6N. &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; A-6328
6O.
6P.
6Q.
=
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
(AMEND.
4)
6R.
6S. &nb= sp; Library Director and County Executive Officer/Purchasing Agent requests authorizati= on to:
1. Accept a donation in the amount of $20,400 from the Friend= s of the Napa Library;
2.&n= bsp; Approve Budget Transfer No. 20 transferring $12,279 within the Library budget
 =
; (4/5
vote required); &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; BT-20
&= nbsp;
3. Establish a fixed asset for the purchase of a microfilm reader-printer (4/5 vote required); and
4. Approve waiver of competitive bidding requirements and
authorization to make a sole source award for the purchase of a Canon MS800
Micrographic Scanner from BMI Imaging Systems,
6T. &nb= sp; Director of Public Works requests adoption of a resolution certifying to the State Department of
Transportation the total mileage of
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; R-04-152
6U. &nb= sp; Director of Public Works requests the following actions:
1. Award of the contract for the “Napa County Airport Administration Building Remodel Project,” PW 04-08, to Page Construct= ion of Novato, California, for their low base bid
of $58,658 and authorization for the Chair to sign the construction contract; and
2. Approval of Budget Transfer No. 24 appropriating $35,000 in the Airport Capital
 = ; Improvement budget with offsetting revenues from the Airport Enterprise Fund.
 = ; (4/5 vote required)  = ; &n= bsp;  = ; &n= bsp;  = ; &n= bsp;  = ; BT-24
6V.
6W. &nb= sp; Director of Public Works requests approval of plans and specifications for the "Asphalt Concrete
Resurfacing of Silverado Trail Project," RDS 04-1= 6, authorization to advertise for sealed bids and
opening of the bids at a time, date and location to be published by the Director of Public Works
pursuant to Section 20150.8 of the Public Contract Cod= e.
6X.
6Y. &nb= sp; Director of Public Works requests approval of and authorization for the Chair to sig= n a License
Agreement with the Federal Emergency Management Agency
(FEMA) to grant FEMA a nonexclusive License to use and distribute
=
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; A-6330
6Z.
1. M010 Rev 1 to Administering Agency-State Agreement No. 04-=
5921
for the “Silverado Trail Overlay Project,” RDS 02-13; and &=
nbsp; &nbs=
p; A-1428-2
2.&n= bsp; M011 Rev 1 to Administering Agency-State Agreement = No. 04-5921 for the
&nbs=
p; &=
nbsp; &nbs=
p; “
6AA. Director of Public Wor=
ks
requests approval of and authorization for the Chair to sign Amendment No. =
1 to
Lease Agreement No. 3803 with the Transmission Agency of Northern Californi=
a (TANC)
at a cost of $9,860 for Fiscal Year 2004-2005 for the term October 1, 2004
through
June 30, 2006 for use of the Berryessa
A-3803
=
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
(AMEND.
1)
6BB. Director of Public Wor=
ks
requests approval of and authorization for the Chair to sign an agreement w=
ith
Kleinfelder Inc. for a maximum of $25,000 for the term September 1, 2004
through June 30, 2005 for construction testing services. =
&nb=
sp; =
A-6331
6CC. Director of Public
Works/Aviation requests the following actions relating to the acceptance of
Federal Aviation Administration (FAA) Grant No. 19:
1. Approval of and authorization for the Chair to sign necess= ary documents including escrow instructions to Acquire Land For Approach Protec= tion Runway 18R; and
2. Approval of Budget Transfer No. 15 appropriating $1,188,30= 0 in the Airport Capital Improvement Program budget with offsetting revenues from the FAA, State, and the Airport Enterprise Fund for land acquisition. (4/5 = vote required) &nbs= p; BT-15
6DD. Clerk of the Board req=
uests
action directing the Clerk of the Board to notify all school districts and =
the Napa
County Board of Education of receipt of a resolution from the St. Helena Sc=
hool
District to consolidate the March 2007 School District Governing Board elec=
tion
and all subsequent governing board elections with the statewide general
election beginning with the November 2006 statewide general election.
6EE. &n=
bsp;
services to John Tuteur, Registrar of Voters, between =
the
AMENDED TO REFLECT FUNDING SOURCE OF CENTRAL SERVIC=
ES RATHER
THAN
6FF. &n= bsp; Human Resources Director requests adoption of a resolution amending the Physical Performance
Program for Law Enforcement Employees. &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; R-04-147
6GG. Human Resources Direct=
or
requests adoption of a resolution amending the Departmental Allocation List=
for
the Napa City-County Library to add one (1) (S) Librarian III Limited Term =
(LT)
position, effective August 31, 2004. &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; R-04-148
6HH. &= nbsp; Information Technology Services Director requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 6137 with Neko Industries increasing the amount by $15,638 for a new annual maximum of $43,782 for the term August 1, 2004 through July 31, 2005 for maintenance and support of the County’s document and image management system.
A-6137
&nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; (AMEND.
2)
6II. &n=
bsp;
Jill Pahl to serve as the
Management Facility Allocation Committee, a subcommitt= ee of the Association of Bay Area
Governments (ABAG).
6JJ.
=
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
&nb=
sp; =
(AMEND.
1)
6KK.
1. Amendment No. 1 to Agreement No. 6237 with the County of
Solano increasing the amount by $8,300 for a new maximum of $135,675; and &=
nbsp; A-6237
&nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; (AMEND.
1)
2. Amendment No. 1 to Agreement No. 6236 with the
&nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; (AMEND.
1)
6LL. &n= bsp; Approve minutes of the meetings held August 3, 10 and 17, 2004.
7. &nbs=
p; Discussion
of items removed from the Consent Calendar.
&= nbsp; NONE<= o:p>
APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6LL, AS
NOTATED ABOVE.
&=
nbsp; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; DD-BW-BD-MR-ML
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp;
Set
Matters or Public Hearings
8A.
&=
nbsp; PRESE=
NTATION
MADE
8B.
(CONTINUED F=
ROM
AUGUST 10 AND AUGUST 17, 2004)
&=
nbsp; ADOPT=
ED
RESOLUTION &nb=
sp; BW-DD-BD-MR-ML &=
nbsp; &nbs=
p; &=
nbsp; R-04-149
8C.
1. Open a Public Hearing for discussion of yearly and five-ye= ar reports on the Traffic Mitigation Fee Program; and
2. Close the Public Hearing and adopt a resolution making Government Code Sections 66001 and 66006 findings with respect to the mitigation program for the Fiscal Years 1998-1999 through 2003-2004 and Fis= cal Year 2003-2004.
&=
nbsp; PUBLIC
HEARING HELD – NO TESTIMONY PRESENTED
&=
nbsp; ADOPTED
RESOLUTION &nb=
sp; BD-DD-MR-BW-ML &=
nbsp; &nbs=
p; &=
nbsp; R-04-150
8D.
&=
nbsp; APPRO=
VED
REQUEST =
=
span>BD-BW-MR-DD-ML
8E.
June 2, 2004 approving the Michael Harrison/Michael and
Lyndsey Harrison – Use Permit Modification Request No. 03383-MOD to
modify Use Permit No. 92163-UP t (1) increase production capacity from 7,200
gallons per year to 15,000 gallons per year; (2) convert an existing 2,877
square foot olive oil facility (established under Use Permit No. 99084-UP) =
to
winery storage and office space for a winery totaling 5,377 square feet (wh=
ich includes
the existing 2,500 square foot cave); (3) add tours and tastings for the pu=
blic
by prior appointment with 30 persons per week; (4) add a marketing plan with
four activities per year with a maximum of 60 people per event and two wine
auction events with a maximum of 40 people per event; (5) add wine retail
sales; (6) add 6 parking spaces for a total of 10 spaces; and (7) construct
road improvements to State Highway 128. This project is located on a 44.85 =
acre
parcel on the east side of Sage Canyon Road/State Highway 128, approximately
¼ mile south of its intersection with
(Assessor’s Parcel No. 032-510-004)
8E.&nbs=
p; Continued
ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration Prepared. According to= the Mitigated Negative Declaration, the proposed project would have, if mitigat= ion measures are not included, potentially significant environmental impacts in= the following areas: hydrology & water quality.
&=
nbsp; PUBLIC
HEARING OPENED – TESTIMONY PRESENTED
&=
nbsp; PUBLIC
HEARING CONTINUED TO SEPTEMBER=
28,
2004 AT 10:30 A.M.
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; BD-BW-MR-DD-ML
8F.
1. Open Public Hearing regarding the proposed solid waste franchise non-refundable RFP
&= nbsp; &nbs= p; application fee;
2. Close Public Hearing and adopt a resolution establishing a solid waste franchise
 = ; &n= bsp; non-refundable RFP application fee; and
3. Discussion and possible action concerning finalizing the Request for Proposal (RFP) for the collection of solid waste and recyclable= s in Garbage Zone One.
&=
nbsp; PUBLIC
HEARING HELD – NO TESTIMONY PRESENTED
&=
nbsp; ADOPTED
RESOLUTION &nb=
sp; DD-BW-BD-MR-ML &=
nbsp; &nbs=
p; &=
nbsp; R-04-151
8G. &nb= sp; 3:30 PM Recess to reception welcoming Dr. Karen Smith, County Public Health Officer,
at
&=
nbsp; RECEP=
TION
HELD
Admi=
nistrative
Items
9A.
 =
; APPROVED REQUEST =
MR-DD-BD-BW-ML
9B.
No. 2 representative with the term of office to expire December 31, 2005:
Applicant
Anthony Norris
Lucio Ezequiel Perez
Larry Pyle
Ronald J. Taddei
THE BOARD APP=
OINTED
ANTHONY NORRIS.
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; ML-MR-BD-WB-DD
9C.
1. Appointment of one (1) of the following applicants representing the general public with the term expiring August 2008:
Applicant
Richard L. Camera
&nbs= p; &= nbsp; &nbs= p; Guy William Kay
&nbs= p; &= nbsp; &nbs= p; Jim Dempsey Lincoln
&nbs= p; &= nbsp; &nbs= p; Karen Jean Bower Turjanis
THE BOARD APPOINTED RICHARD L. CAMERA.
 =
; &n=
bsp;  =
; &n=
bsp;  =
; BD-BW-MR-DD-ML
2. Appointment/reappointment of the following three (3)
applicants representing
Applicant = &nb= sp; = &nb= sp; = City/Town &= nbsp; Term Expires
Eric E. Knight (regular member) &=
nbsp; Town
of
David Crawford* (regular member) &=
nbsp; City
of
Karen Slusser (alternate member) City of
&=
nbsp; APPROVED REQUEST =
BW-MR-BD-DD-ML
3. Reappointment of Phil Blake* representing the Natural Reso= urce Conservation Service with the term expiring August 2008.
APPROVED REQU=
EST &=
nbsp; BW-MR-BD=
-DD-ML
*Incumbents
9D.
(4/5 vote required)
&=
nbsp; APPRO=
VED
REQUEST =
=
span>BW-DD-BD-MR-ML &=
nbsp; &nbs=
p; &=
nbsp; BT-25
Legi=
slative
Items
10A. Approval of and
authorization for the Chair to sign a letter thanking Senator Feinstein for=
the
position she has taken concerning S1529, Indian Gaming Regulatory Act
Amendments of 2003.
&=
nbsp; APPRO=
VED
REQUEST =
=
span>BW-DD-BD-MR-ML
10B. &n= bsp; Approval of and authorization for the Chair to sign a letter of support for HR1501/S= 738, the
&=
nbsp; THE
BOARD WENT ON RECORD IN SUPPORT OF HR1501/S738.
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; BW-DD-BD-MR-ML
11. &nb=
sp; Board
of Supervisors’ Committee Reports and Announcements.
SUPERVISOR DODD REPORTED HE HAS RECEIVED NUMEROUS
TELEPHONE CALLS REGARDING THE UNSAFE CONDITIONS ON WOODEN VALLEY ROAD AS A
RESULT OF THE TRAFFIC AND TRUCKS DUE TO THE CURRENT HARVEST. HE REQUESTED THAT SOMEONE FROM STA=
FF
DISCUSS THIS SITUATION WITH THE
SUPERVISOR DILLON REPORTED ON THE LEGISLATIVE
SUBCOMMITTEE MEETING THAT OCCURRED AUGUST 30, 2004, AND STATED THERE WAS SO=
ME
DISCUSSION REGARDING THE PROPOSED
12. &nb=
sp; Board
of Supervisors’ Future Agenda Items.
SUPERVISOR RIPPEY REQUESTED THE PARKS AND OPEN SPAC=
E COMMITTEE
PROVIDE A GENERAL UPDATE TO THE BOARD.
13. &nb=
sp;
&= nbsp; NONE<= o:p>
14. &nb=
sp; Closed
Session.
A. &nbs= p; CONFERENCE WITH LABOR NEGOTIATOR (Government Code
Section 54957.6)
Agency Designated Representatives: Dennis = Morris, Human Resources Director
Unrepresented Employees: Non-Classified, Manage=
ment
and Confidential Employees of the
&=
nbsp; CLOSED
SESSION HELD – NO REPORTABLE ACTION
14.&nbs=
p; Continued
B.&n= bsp;  = ; CONFERENC= E WITH LABOR NEGOTIATOR (Government Code
Section 54957.6)
Agency Designated Representatives: Dennis Morris, Human Resources Director
Employee Organization:
&=
nbsp; CLOSED
SESSION HELD – NO REPORTABLE ACTION
C. CONFE=
RENCE
WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivi= sion (b) of Government Code Section 54956.9:&nb= sp; (Two cases).
&=
nbsp; CLOSED
SESSION HELD – NO REPORTABLE ACTION
Adjournment.
ADJOURNED
TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, SEPTEMBER 14, 2004=
AT
9:00 A.M.
_________= _________________________
MARK LUCE, Chairperson
ATTEST &=
nbsp; __________________________________
 =
; PAMELA
MILLER, Clerk of the Board
KEY=
Vote:  =
; ML
=3D Mark Luce; DD =3D
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 Excused; A =3D Abs=
tain
August 31, 2004&nbs=
p; &=
nbsp; &n=
bsp;  =
; =
&nb=
sp; =
=
Page
13