MINUTES OF THE
MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF NAPA
September 28, 2004
1. Call to Order; Roll Call.
THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION ON TUESDAY, SEPTEMBER 28, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRPERSON MARK LUCE, SUPERVISORS MIKE RIPPEY, BRAD WAGENKNECHT AND DIANE DILLON. SUPERVISOR
BILL DODD WAS EXCUSED. THE MEETING WAS CALLED TO ORDER BY
CHAIR LUCE AT 9:03 A.M.
2. Pledge of Allegiance.
JANET MCCOY, LIBRARY DIRECTOR, LED THE SALUTE TO THE FLAG.
3. Presentations and Commendations.
NONE
4. Public Comment.
NONE
5. Department Directors Reports and Announcements.
JOHN TUTEUR, ASSESSOR-RECORDER-COUNTY CLERK-REGISTRAR OF VOTERS, REPORTED GOVERNOR SCHWARZENEGGER RECENTLY SIGNED A BILL THAT WOULD MOVE THE PRIMARY ELECTION FROM MARCH TO JUNE IN EVEN-NUMBERED YEARS.
MR. TUTEUR REPORTED THE ELECTIONS DEPARTMENT IS CURRENTLY MAKING PREPARATIONS FOR THE NOVEMBER 2004 ELECTION BY REVIEWING THE NAPA VALLEY COLLEGE AND UNIFIED SCHOOL DISTRICT TRUSTEE AREA BOUNDARIES. HE STATED THERE ARE ELECTIONS THIS YEAR IN TRUSTEE AREAS ONE AND SIX. MR. TUTEUR NOTED THE BOUNDARIES CREATED IN 1992 WERE FOUND TO BE INCORRECT AND HAVE BEEN CORRECTED.
MR. TUTEUR SAID 285 MILITARY BALLOTS HAVE ALREADY BEEN MAILED AND IT WAS DISCOVERED THAT FIVE OF THEM WERE INCORRECT BALLOTS.
HE NOTED THAT ALL FIVE VOTERS HAVE SINCE RECEIVED A CORRECTED
BALLOT.
MR. TUTEUR STATED HIS OFFICE DISCOVERED ANOTHER PROBLEM THAT WILL NOT IMPACT THE NOVEMBER ELECTION AS THERE IS NO ELECTION IN NOVEMBER IN THE DISTRICT WHERE THE PROBLEM WAS FOUND. HE SAID THE NORTHEAST CORNER OF THE ST. HELENA UNIFIED SCHOOL DISTRICT IS SHOWING AS BEING IN THE CALISTOGA UNIFIED SCHOOL DISTRICT AND WILL BE CORRECTED DIRECTLY FOLLOWING THE NOVEMBER ELECTION.
5. Continued
MR. TUTEUR SAID THERE ARE EIGHT DIFFERENT BALLOT TYPES FOR THE NOVEMBER 2004 ELECTION.
Consent Calendar
6A. Sheriff requests adoption of a resolution authorizing the Sheriff to sign an agreement with the
California State Department of Mental Health for a maximum of $300,000 for the term
October 1, 2004 through June 30, 2006 to provide law enforcement management and supervision of the Napa State Hospital Police Department. R-04-160
6B. Acting Director of Health and Human Services requests approval of and authorization for the
Chair to sign renewals of the following agreements for the term July 1, 2004 through
June 30, 2005 for the provision of HIV Prevention/Community Planning services:
1. Agreement No. 3824 with Community Health Clinic Ole for a maximum of $35,000; and A-3824
2. Agreement No. 3825 with Napa Valley AIDS Project, dba Napa-Solano Health Project for a maximum of $48,533. A-3825
6C. Acting Director of Health and Human Services requests approval of and authorization for the
Chair to sign the renewal of Agreement No. 6052 (Memorandum of Understanding) with Child
Start, Inc., for the term July 1, 2004 through June 30, 2005 to provide joint operation of the
County's Therapeutic Child Care Center. A-6052
6D. Acting Director of Health and Human Services requests approval of and authorization for the
Chair to sign the following amendments to add family consultation to the list of services provided in the Children’s Behavioral Health and Child Welfare Services Programs:
1. Amendment No. 1 to Agreement No. 4372 with Joann Hall, MFT; and
A-4372
(AMEND. 1)
2. Amendment No. 1 to Agreement No. 4822 with Richard Cohan, Ph.D.
A-4822
(AMEND. 1)
6E. Acting Director of Health and Human Services requests approval of and authorization for the
Chair to sign Amendment No. 1 to Agreement No. 4648 with Beverage Consulting Network, Inc.
Incorporating agency-wide changes to the General Terms and Conditions, revising the scope of
work, and adding reporting requirements for Fiscal Year 2004-2005. A-4648
(AMEND. 1)
6F. Acting Director of Health and Human Services requests approval of and authorization for the
Chair to sign the following amendments decreasing the amounts by $3,750 for new maximums
of $3,750 each, and incorporating agency-wide changes to the General Terms and Conditions to
provide services to CalWORKs recipients for the Guaranteed Ride Home Program:
1. Amendment No. 1 to Agreement No. 4771 with Haydar Jabarin dba Wine Valley Yellow Cab Company; and A-4771
(AMEND. 1)
2. Amendment No. 1 to Agreement No. 4778 with Mohammad Abu-Hamdi dba Napa Valley Cab Company. A-4778
(AMEND. 1)
6G. Acting Director of Health and Human Services requests approval of and authorization for the
Chair to sign Amendment No. 1 to Agreement No. 6030 with Goodwill Industries of the
Redwood Empire increasing the amount by $20,000 for a new maximum of $30,000 to provide
job-related training and counseling services to clients of the Training and Employment Center.
A-6030
(AMEND. 1)
6H. Acting Director of Health and Human Services requests approval of and authorization for the
Chair to sign the following agreements with Virginia Dunn, MFT, to provide services in the
Mental Health Outpatient Managed Care Program:
1. Agreement for a maximum of $5,000 for the term July 1, 2004 through June 30, 2005; and A-6343
2. A Business Associate Agreement setting forth the terms and conditions of the Health
Insurance Accountability and Portability Act of 1996 (HIPAA) Privacy Rule.
A-6343-1
6I. Acting Director of Health and Human Services requests approval of and authorization for the
Chair to sign an agreement with Napa County Transportation Planning Agency for a maximum
of $22,000 for the term June 1, 2004 through May 31, 2005 to provide enhanced transportation
services for people with disabilities. A-6344
6J. Acting Director of Conservation, Development and Planning requests approval of and
authorization for the Chair to sign an agreement with Moore Iacofano Goltsman, Inc. for a
maximum of $32,220 for the term September 28, 2004 through June 30, 2005 to support the
Watershed Information Center and Conservancy WebCenter. A-6345
6K. Library Director requests adoption of revisions to the Library “Community Meeting Room
Policy.”
6L. Director of Public Works requests approval of and authorization for the Chair to sign an
agreement with the Napa County Transportation Planning Agency (NCTPA) to reimburse the
County Road Fund for a maximum of $115,000, for the term September 28, 2004 through
June 30, 2006 for the allocation of Assembly Bill (AB) 434 funds for bicycle improvements on
Cuttings Wharf Road. A-6346
6M. Director of Public Works requests approval of plans and specifications for the "Napa County
Hall of Justice Planning Remodel Project," PW 04-19, 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 Code.
6N. Director of Public Works requests award of the contract for the "Syar Gun Range Lead and
Arsenic Cleanup Project," PW 04-18, to Nielson Construction of Napa, California, for their low base bid of $80,729, and authorization for the Chair to sign the construction contract.
6O. Director of Public Works requests adoption of the Disadvantaged Business Enterprise program
methodology and goal for Fiscal Year 2004-2005 for Federal Highway Administration funded
projects.
6P. Auditor-Controller requests the Board accept and instruct the Clerk of the Board to file the Fiscal
Monitoring Letter for the Napa County Local Workforce Investment Board for the Fiscal Year
ended June 30, 2004.
6Q. Human Resources Director requests adoption of a resolution amending the Departmental
Allocation List for the Regional Training Employment Division of the County Executive Office
with regards to extending one (1) (M) Regional Analyst Limited Term (LT) and one (1)
Secretary (LT) through December 30, 2004, effective September 28, 2004. R-04-161
6R. Human Resources Director requests the following actions regarding health care insurance plans:
1. Adoption of a resolution revising total rates for CalPERS and County Kaiser health care insurance plans, effective January 1, 2005; and R-04-162
2. Approval of and authorization for the Human Resources Director to sign the revised County Kaiser health care insurance service agreements.
6S. Human Resources Director requests adoption of a resolution clarifying the paying and reporting
of employer Paid Member Contributions to CalPERS for each of the County's reporting groups.
R-04-163
6T. County Executive Officer requests approval of and authorization for the Chair to sign the
renewal of Agreement No. 6157 with Community Impact Consulting, Inc. for a maximum of
$50,000 for the term November 1, 2004 through October 31, 2005 to provide consulting services
relating to the distribution of Tobacco Settlement Funds, the development of the South Market
Homeless Shelter, and monitoring of the Safety Food Network. A-6157
6U. County Executive Officer requests approval of and authorization for the Chair to sign the
following agreements totaling $750,000 for the term of October 1, 2004 through
September 30, 2005 utilizing Tobacco Settlement Funds to provide for physical, mental health, and drug and alcohol inpatient and outpatient services including prevention education and smoking cessation programs:
1. Renewal of Agreement No. 4609 with Sister Ann Community Dental Clinic for a maximum of $80,000; A-4609
2. Renewal of Agreement No. 4610 with Aldea, Inc. for a maximum of $180,000;
A-4610
3. Renewal of Agreement No. 4611 with Community Health Clinic Ole' for a maximum of $165,000; A-4611
4. Renewal of Agreement No. 4612 with Community Action of Napa Valley for a maximum of $150,000; A-4612
5. Renewal of Agreement No. 6140 with Matrix for a maximum of $30,000; and
A-6140
6. Agreement with Aldea, Inc. for a maximum of $145,000. A-6347
6V. County Executive Officer requests approval of and authorization for the Chair to sign
Amendment No. 3 to Agreement No. 4925 with the County of Marin increasing the amount by
$38,900 for a new maximum of $789,399 and extending the term through March 31, 2005 to
continue implementation of Project COMPASS and Project INCLUSION grants to serve people
with disabilities. A-4925
(AMEND. 3)
6W. County Executive Officer requests the following regarding project management services for the
INCLUSION, DEVELOP, CHOICE, and COMPASS grants:
1. Approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 6246 with Sonoma State University increasing the amount by $74,795 for a new maximum of $172,795 and extending the term through June 30, 2005; and
A-6246
(AMEND. 1)
2. Approval of Budget Transfer No. 29 appropriating $74,795 in the Regional Training
Employment Division of the County Executive Office with offsetting revenues from
INCLUSION, DEVELOP, and CHOICE grants. (4/5 vote required) BT-29
6X. County Executive Officer requests reappointment of the following applicants to serve on the
Napa County Commission on Aging with the term of office to commence October 1, 2004 and
Expire September 30, 2007:
Applicants Representing
Naomi Dreskin-Anderson Supervisorial District No. 2
Dr. Olive Jack Organization Concerned with Older Adults
Dr. Kenneth P. Lee Organization Concerned with Older Adults
Marjorie P. Preston Organization Concerned with Older Adults
6Y. Approve minutes of the meeting held September 14, 2004.
7. Discussion of Items Removed from the Consent Calendar.
NONE
APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6Y.
BW-DD-BD-MR-ML
X
Set Matters or Public Hearings
8A. 9:30 A.M. Public Hearing. Presentation on Performance Management by David Childs, Western US Director for ICMA (International City/County Management Association).
PRESENTATION MADE
8B. 10:30 A.M. Public Hearing. Consideration and possible action regarding an appeal filed by
Dan Wojkowiak to a decision by the Conservation, Development and Planning Commission on 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 to: (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 (which includes the existing 2,500 square foot cave); (3) add tours and tastings for the public 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 Chiles-Pope Valley Road within the AW (Agricultural Watershed) Zoning District.
(Assessor’s Parcel No. 032-510-004) 1527 Sage Canyon Road, St. Helena.
ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration Prepared. According to the Mitigated Negative Declaration, the proposed project would have, if mitigation measures are not included, potentially significant environmental impacts in the following areas: hydrology & water quality. (CONTINUED FROM AUGUST 31, 2004)
8B. Continued
PUBLIC HEARING HELD – NO TESTIMONY PRESENTED
THE BOARD APPROVED AMENDMENT TO USE PERMIT #03383-MOD, CONDITION OF APPROVAL NUMBER 13, AND ACCEPTED THE APPELLANT’S REQUEST TO WITHDRAW THE APPEAL.
BW-DD-BD-MR-ML
X
Administrative Items
9A. Acting Director of Health and Human Services requests approval of Napa County's California
Child and Family Services Review System Improvement Plan.
APPROVED REQUEST DD-MR-BD-BW-ML
X
9B. Adoption of a resolution amending the Napa County Policy Manual to modify the Rules of
Conduct of the Napa County Board of Supervisors to add guidelines relating to appointments of
Board members to committees, commissions, board authorities, and to amend the policy
regarding public appointments.
ITEM CONTINUED TO OCTOBER 5, 2004.
BW-MR-BD-DD-ML
X
9C. Discussion and possible action to nominate a Board of Supervisors' representative, to be
appointed by the Napa Valley Grape Grower's Association, to the Review Committee of the
Registry of Historic Napa Valley Vineyards with the term of office to commence immediately
and expire as determined by the Review Committee.
THE BOARD NOMINATED SUPERVISOR DILLON.
BW-MR-BD-DD-ML
X
10. Legislative Items.
NONE
11. Board of Supervisors' Committee Reports and Announcements.
SUPERVISOR LUCE REPORTED THAT HE AND SUPERVISOR WAGENKNECHT TOURED THE NEW JUVENILE JUSTICE CENTER AND SHERIFF’S FACILITY ON SEPTEMBER 27, 2004, AND COMMENTED ON HOW IMPRESSED HE WAS WITH BOTH BUILDINGS.
11. Continued
SUPERVISOR DILLON REPORTED THAT LAST WEEK SHE ATTENDED THE REGIONAL COUNCIL OF RURAL COUNTIES’ (RCRC) annual conference AND COMMENTED THAT THE SPEAKERS WERE EXCELLENT AND SHE RECEIVED A LOT OF VALUABLE INFORMATION ON THE TOPICS OF PERFORMANCE REVIEWS, WATER RESOURCES, RISK MANAGEMENT, CALIFORNIA Environmental PROTECTION AGENCY, AND AIR QUALITY.
SUPERVISOR WAGENKNECHT REPORTED THAT CARS BUILT SINCE 1975 WILL CONTINUE TO REQUIRE THE PASSAGE OF A SMOG TEST TO BE REGISTERED.
SUPERVISOR WAGENKNECHT ALSO REPORTED THAT HE ATTENDED A MEETING ON SEPTEMBER 27, 2004 WITH THE AIR QUALITY CONTROL BOARD AND THE AIR RESOURCES GROUP FROM NAPA TO DISCUSS HOW TO ADDRESS AIR QUALITY CONCERNS IN NAPA.
SUPERVISOR RIPPEY REPORTED ON THE COUNTY MEDICAL SERVICES PROGRAM (CMSP) AND STATED WITH THE LOSS OF $20 MILLION IN STATE FUNDS THEY ARE CURRENTLY EXPERIENCING ORGANIZATIONAL CHANGES. HE STATED THEY ARE DEVELOPING A REQUEST FOR PROPOSAL TO REPLACE THE STATE DEPARTMENT OF HEALTH SERVICES AS THE ADMINSTRATOR/FIDUCIARY AGENT WITH A THIRD OR PRIVATE PARTY.
12. Board of Supervisors' Future Agenda Items.
SUPERVISOR RIPPEY REQUESTED THAT PROPOSITION 63 (TAX TO EXPAND MENTAL HEALTH SERVICES) BE PLACED ON THE OCTOBER 12, 2004 AGENDA ALONG WITH ALL OF THE OTHER LEGISLATIVE REVIEW ITEMS AS NOTATED BELOW IN ITEM 13.
13. County Executive Officer Reports and Announcements.
NANCY WATT, COUNTY EXECUTIVE OFFICER, ANNOUNCED THAT THE COUNTY’S LEGISLATIVE REVIEW WILL BE HELD OCTOBER 12, 2004 AND WILL INCLUDE A REVIEW OF SIX OF THE INITIATIVES THAT WILL BE ON THE NOVEMBER 2004 BALLOT.
MS. WATT ALSO REPORTED THAT THE COUNTY IS CONSIDERING HIRING A
CONSULTING FIRM TO ASSIST WITH THE COUNTY’S TRIBAL GAMING EFFORTS WITH YOLO, SONOMA AND SOLANO COUNTIES.
14. Closed Session.
A. PUBLIC EMPLOYEE APPOINTMENT/ONGOING RECRUITMENT OF THE FOLLOWING POSITIONS (Government Code Section 54957):
Director of Conservation, Development and Planning
Director of Health and Human Services
CLOSED SESSION HELD – NO REPORTABLE ACTION
B. CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6)
Agency Designated Representatives: Dennis Morris, Human Resources Director
Unrepresented Employees: Non-Classified, Management and Confidential Employees of the County of Napa (Excluding Elected Officials)
CLOSED SESSION NOT HELD
C. CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6)
Agency Designated Representatives: Dennis Morris, Human Resources Director
Employee Organization: Napa County Deputy Sheriffs' Association (Employee Unit &
Supervisory Unit of the County of Napa)
CLOSED SESSION HELD – NO REPORTABLE ACTION
Supplemental Agenda
14. Closed Session.
D. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: (One case)
CLOSED SESSION HELD – NO REPORTABLE ACTION
Adjournment.
ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,
OCTOBER 5, 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