1

MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

April 19, 2005

1. Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION ON TUESDAY, APRIL 19, 2005 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRPERSON DIANE DILLON, SUPERVISORS BILL DODD,

HAROLD MOSKOWITE, BRAD WAGENKNECHT, AND MARK LUCE. THE MEETING WAS CALLED TO ORDER BY CHAIR DILLON AT 9:03 A.M.

2. Pledge of Allegiance.

BETH CARMICHAEL, EXECUTIVE DIRECTOR OF THE NAPA VALLEY CONFERENCE AND VISITORS’ BUREAU, LED THE SALUTE TO THE FLAG.

3. Presentations and Commendations.

NONE

4. Public Comment.

NONE

5. Department Directors' Reports and Announcements.

MARY BUTLER, CHIEF PROBATION OFFICER, ANNOUNCED THE DEDICATION CEREMONY OF THE NEW JUVENILE JUSTICE CENTER WILL BE HELD

MARCH 10, 2005 AT 3:30 P.M. FOLLOWED BY PUBLIC TOURS OF THE FACILITY FROM 4:00 TO 6:00 P.M., AND PRESENTED THE BOARD WITH THEIR INVITATIONS.

Consent Calendar

6A. District Attorney requests adoption of a resolution authorizing the District Attorney to execute an

agreement with the State Victim Compensation and Government Claims Board for a maximum of

$131,085 for the term of July 1, 2005 through June 30, 2007 to continue the criminal restitution

program. R-05-57

6B. Sheriff requests the following actions regarding the State Department of Boating Safety and

Enforcement Financial Aid Program for Fiscal Year 2005-2006:

1. Approval of and authorization for the Chair to sign the renewal of Agreement No. 3446 for a maximum amount of $246,087 for Fiscal Year 2005-2006; and

A-3446

6B. Continued

2. Approval for Sheriff or his designee to sign quarterly activity reports and other documents for the State Department of Boating and Waterways.

6C. Director of Health and Human Services requests approval of and authorization for the Chair to

sign the renewal of revenue Agreement No. 6225 with First 5 Napa County Children and Families

Commission for a maximum of $50,000 for the term January 1, 2005 through June 30, 2005 to fund staff for the Therapeutic Child Care Center. A-6225

6D. Director of Health and Human Services requests approval of and authorization for the Chair to

sign Amendment No. 3 to Agreement No. 6094 with Maureen O'Shea, Ph.D., increasing the

amount by $3,500 for a new maximum of $7,000 to provide additional counseling services in the

Children’s Behavioral Health and Child Welfare Services Programs. A-6094

(AMEND. 3)

6E. Director of Health and Human Services requests approval of and authorization for the Chair to

sign Amendment No. 2 to Agreement No. 6167 with Aldea, Inc., revising the Scope of Work to

clarify the primary funding source and revising the budget to amend hourly rates for services

provided for the Juvenile Drug Court. A-6167

(AMEND. 2)

6F. Director of Health and Human Services requests approval of and authorization for the Chair to

sign Amendment No. 1 to Agreement No. 6336 with McWilliams Mailliard Technology Group,

Inc., decreasing the amount by $1,181 for a new maximum of $4,937 and extending the term

through September 30, 2006 for software and support services for the Adult Protective Services

Program. A-6336

(AMEND. 1)

6G. Director of Public Works requests acceptance of the work as complete and authorization for the

Chair to sign and Clerk of the Board to file a Notice of Completion with the Clerk/Recorder for

Contract No. PW 04-18, "Syar Gun Range Lead and Arsenic Cleanup Project."

6H. Director of Public Works requests the following actions relating to the "Health and Human

Services Agency Building G Re-Carpet Project," PW 04-22R:

1. Rejection of the only valid bid received on March 31, 2005; and

2. Approval of plans and specifications for the "Health and Human Services Agency Building G Re-Carpet Project," PW 04-22R2, authorization to re-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 Works Contract Code.

6I. Director of Public Works/Aviation requests approval of and authorization for the Chair to sign an

agreement with Mead & Hunt for a maximum of $38,804 for the term April 19, 2005 through

June 30, 2005 for aviation related engineering services with an automatic one year renewal at the

end of each Fiscal Year. A-6423

6J. Auditor-Controller requests the following actions regarding the Napa County Fair:

1. Authorization to draw a warrant in the amount of $31,000 payable to the Napa County Fair, from the Napa County Fair Fund, State's Millennium Flex Program, for the purpose of replenishing the Fair's Operating fund; and

2. Authorization to approve the transmittal of the 3rd and 4th allocations of the State's Millennium Flex Program for the Napa County Fair for this Fiscal Year, in the amount of $31,000 each, upon receipt of said funds by the County Treasurer.

6K. County Counsel requests adoption of a resolution amending the 401(a) Retirement Savings Plan

(as adopted effective August 6, 2002). R-05-58

6L. County Counsel and County Privacy Officer request approval of and authorization for the Chair to

sign amendments to the 114 Business Associate Agreements adding the Security Rule to the terms

and conditions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA)

Privacy Rule.

THE CLERK READ INTO THE RECORD THAT AGREEMENT 5030 WITH FALCON TRUCK SCHOOL IS BEING REMOVED FROM THE LIST OF AMENDMENTS TO BE APPROVED.

VENDOR NAME AGREEMENT NUMBER

Steven Boyd, LCSW A-4563

Aldea, Inc. A-4953

ALLEN, SHEA & ASSOC A-4954

ARC-SOLANO A-4955

ALTERNATIVES FOR BETTER LIVING A-4956

ANGWIN COMMUNITY AMBULANCE A-4958

LINDA BANCKE, PHD A-4959

BUCKELEW PROGRAMS A-4963

COPE FAMILY CENTER A-4966

RICHARD COHAN, PHD A-4969

COMMUNITY ACTION OF NAPA VALLEY (CANV) A-4970

COMMUNITY RESOURCES FOR CHILDREN A-4971

CYBERMILL, INC. A-4973

DEL DOMEZIO, LCSW A-4976

ELIZABETH ELLSWORTH, MFT A-4978

FAMILY SERVICES OF THE NORTH BAY A-4979

MARTIN L. FORST, PHD A-4981

SHAMEEM GHAURI, MD A-4984

GOODWILL INDUSTRIES OF THE REDWOOD EMPIRE A-4985

RON HAIMOWITZ, PHD A-4986

6L. Continued

VENDOR NAME AGREEMENT NUMBER

Hallis, llc A-4987

PERSIS HAMILTON, RN, CNS, MS, EDH A-4988

SHARON HARP, MFT A-4989

HEALTH PARTNERSHIPS, INC. A-4990

ROBERT HEYING, PHD A-4991

FRED HOLLANDER, MFT A-4992

VICTOR KOGLER A-4999

MARGARET LEE, LCSW A-5000

JANET LORD, MD A-5002

DANIEL LOTT, PHD A-5003

MARIN ABUSED WOMEN’S SERVICES A-5004

MATRIX, INC. A-5005

GREG MATSUMOTO, PSYD A-5006

BARBARA MCCARROLL, PHD A-5007

JEANNE MILLER A-5011

J. MICHAEL MURPHY A-5013

CLARENCE MYHRE A-5014

NAPA EMERGENCY WOMEN’S SERVICES A-5017

GERANE PARK, LCSW A-5019

PINER AMBULANCE, NAPA AMBULANCE SERVICE, INC. A-5020

PLANNED PARENTHOOD-SHASTA DIABLO A-5021

PREFERRED HEALTHCARE REGISTRY, INC. A-5022

BARBARA REISMAN, MD A-5024

RIVER OAK CENTER FOR CHILDREN & FAMILIES A-5025

BILL RUHS, MFT A-5026

R. BRUCE SCARBOROUGH, MD A-5028

DON SCULLY, MFT A-5029

JOSEPH SHOLDERS, MD A-5031

LORETTA SILVAGNI A-5032

SOLANO DIVERSIFIED SERVICES, INC. A-5033

JUDITH SPEED, PHD A-5034

FRED STODDARD, MD A-5035

TELECARE CORPORATION A-5037

NATHAN THUMA, MD A-5039

BEVERAGE CONSULTING NETWORK, INC. A-5041

THE VOLUNTEER CENTER OF NAPA VALLEY A-5044

NANCY WALDECK, MFCC A-5045

LIZ WILLIAMS, LCSW A-5046

MIMI WOLFE, MFT A-5047

JONI YACOE, MFT A-5049

YOUR HOME NURSING SERVICES, INC. A-5050

ROBERT ZEMANEK, MFT A-5051

NADHAN, INC DBA CREEKSIDE CONVALESCENT HOSPITAL A-5052

DREAMCATCHERS EMPOWERMENT NETWORK, INC. A-5053

CAROL NAGLE, LCSW A-5055

PROGRESS FOUNDATION A-5056

6L. Continued

VENDOR NAME AGREEMENT NUMBER

MAUREEN O’SHEA, PHD A-5057

SARAH BOGGS, MFT A-5072

DAVIS GUEST HOME A-5074

RICHARD GEISLER, PHD A-5075

DOUGLASS MARUM, MFT A-5076

REDWOOD TOXICOLOGY LABORATORY, INC. A-5078

SUSAN SCHMALL, PHD A-5080

COMMUNITY HEALTH CLINIC OLE A-6003

MICHAEL SHIFFLETT, MD A-6006

BARRIE GLEN, PHD A-6038

JOEL LEVITT, MFT A-6048

CATHY SMITH, MFT A-6049

CHILD START, INC. A-6053

JOANN HALL, MFT A-6077

SHERRI HOLLMAN, MFT A-6078

CATHY PARKER, LCSW A-6080

SHARILYN MARSHALL, MFT A-6081

NAPA VALLEY COLLEGE A-6092

MT. DIABLO MEDICAL PAVILLION A-6133

STEVEN SHAW, MD A-6162

QUEEN OF THE VALLEY HOSPITAL A-6165

JOHN PEARSON A-6169

KIRAN KOKA, MD A-6182

DAN PETERS, PHD A-6196

OCADIAN CARE CENTERS, DBA MEDICAL HILL A-6198

REHABILITATION CENTER

DRUG ABUSE ALTERNATIVES CENTER A-6218

CHARLES TAYLOR, PHD A-6222

CATHOLIC CHARITIES, CYO A-6233

SUNNY HILLS CHILDREN’S GARDEN A-6234

DUERR EVALUATION RESOURCES A-6245-1

MARGARET GRIMLEY, MD A-6274-1

NAPA VALLEY UNIFIED SCHOOL DISTRICT A-6278-1

SUSAN TAM A-6298-1

GEORGE MONTEVERDI, MD A-6302-1

CHERYL ANDERSON, MFT A-6317-1

ANGIE ITO, LCSW A-6320-1

JOAN MARIE SEIDEL, MFT A-6323-1

JEANNE FISHER-CERVONE, MFT A-6324-1

LAUREL ANTONUCCI, LCSW A-6325-1

REX ADAMSON, MD A-6341-1

CALISTOGA FAMILY CENTER, INC. A-6342-1

VIRGINIA DUNN, MFT A-6343-1

WILLOW GLEN CARE CENTER A-6361-1

RED PHANTOM ENTERPRISES, INC. A-6362-1

CAROLINE PIETRANGELO OWENS A-6368-1

6L. Continued

VENDOR NAME AGREEMENT NUMBER

J. MICHAEL KERR, PHD A-6374-1

J & C NATIONSIDE, INC. A-6391-1

6M. Human Resources Director requests adoption of a resolution amending the Departmental

Allocation List for Conservation, Development and Planning with regards to deleting one (1)

Graphics Specialist and adding one (1) Planner II position, effective April 23, 2005.

R-05-59

6N. Second reading and adoption of an ordinance adding a new Chapter 2.50 to consolidate the

Planning Agency, amending Chapters 2.52 and 2.72 and Section 15.04.030 to eliminate

duplication of departments contained in the new Chapter 2.50; amending Sections 1.24.020,

15.04.040, 15.08.010, 15.28.040, 15.44.050, and 17.08.080 to replace references to the Building

Codes Administrator with the newly created position of Chief Building Officer.

ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by

14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not

applicable. O-1256

6O. Human Resources Director requests adoption of a resolution regarding the following actions

relating to the Building Inspection Division of the Conservation, Development and Planning

Department, effective April 19, 2005:

1. Amend the Departmental Allocation List to delete one (1) (Management) Building Codes Administrator and add one (1) (Management) Chief Building Official;

2. Amend the Table and Index to delete Building Codes Administrator and add Chief Building Official; and

3. Amend the appropriate policies to delete Building Codes Administrator and add Chief Building Official. R-05-60

6P. Human Resources Director requests the following in connection with management equity

adjustments:

1. Adoption of a resolution, effective January 1, 2005, approving equity adjustments for

certain unrepresented employees using the same formula established and agreed to during the most recent negotiations between the County and SEIU, Local 614; and

R-05-61

2. Adoption of a resolution amending the Table and Index of classes for an Attorney III in County Counsel, effective January 1, 2005. R-05-62

6Q. Information Technology Services (ITS) Director requests approval of Budget Transfer No. 78

increasing appropriations in the ITS fixed asset account in the amount of $76,000 with offsetting

revenues from the ITS State/county property tax administration account and establishment of a

fixed asset in the amount of $76,450 for the purchase of a Storage Area Network (SAN) to provide

data storage for the property tax system departments. (4/5 vote required) BT-78

6R. County Executive Officer requests adoption of a resolution appointing the Information

Technology Services Director to serve as the Napa County HIPAA Security Officer, effective

April 19, 2005. R-05-63

6S. County Executive Officer requests approval of and authorization for the Chair to sign Amendment

No. 1 to Agreement No. 6371 with the County of Sonoma increasing the amount by $10,337 for a

new maximum of $221,111 to fully implement Projects CHOICE and DEVELOP for people with

disabilities seeking employment. A-6371

(AMEND. 1)

6T. County Executive Officer requests the appointment of Carolyn Wrage to serve on the Board of

Directors of the Agency on Aging Serving Napa and Solano Counties representing Supervisorial

District #1 with the term of office to commence immediately and expire July 1, 2006.

6U. County Executive Officer requests authorization to travel out of state to attend the ICMA

"Leading and Succeeding in Information Technology" Conference in Virginia Beach, Virginia,

from May 4 - May 6, 2005.

6V. County Executive Officer/Purchasing Agent requests the following (4/5 vote required):

1. Declare certain items of personal property as surplus and no longer required for

public use; and

2. Authorize the Purchasing Agent to dispose of these items of personal property by donating them to the Napa Junction Elementary School.

6W. Approve minutes of the meetings held March 1, 8 and 15, 2005.

MINUTES OF MARCH 15, 2005 WERE REMOVED FROM THE AGENDA.

7. Discussion of items removed from the Consent Calendar.

NONE

APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6W, AS NOTATED ABOVE. BD-HM-BW-ML-DD

Set Matters or Public Hearings

8A. 9:00 a.m. Recess to Lake Berryessa Resort Improvement District meeting.

(SEE LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)

8B. 9:05 a.m. County Executive Officer recommends that the Board receive a joint presentation by

the Napa Valley Conference & Visitors Bureau (CVB) and the Napa Valley Economic

Development Corporation (NVEDC).

PRESENTATION MADE

8C. 9:30 a.m. Recess to the Board of Equalization meeting.

(SEE BOARD OF EQUALIZATION MINUTES)

8D. 10:00 a.m. County Executive Officer requests that the Board hold a Fiscal Year 2005-2006

Budget Study Session to receive an update and possibly provide direction to staff regarding a

number of budget issues, including:

1. The use of Measure V (increased Transient Occupancy Tax) revenues;

THE BOARD DIRECTED STAFF TO AGENDIZE A PRESENTATION FROM THE PARKS AND OPEN SPACE COMMITTEE REGARDING THEIR ONE-YEAR PLAN, AFTER WHICH THE BOARD WILL BE BETTER ABLE TO PRIORITIZE THE USE OF MEASURE V REVENUE.

2. Potential fee increases for the property departments (Conservation, Development and

Planning, Public Works, Environmental Management);

THE BOARD DIRECTED STAFF TO RETURN WITH PHASE 2 OF THE BUILDING FEE INCREASES FOR REVIEW AND APPROVAL. THE BOARD ALSO DIRECTED STAFF TO RETURN WITH PHASE 2 OF THE PLANNING DEPARTMENT’S FLAT FEE INCREASES AND REQUESTED FURTHER REFINEMENT OF THE SPECIAL EVENT FEES CONSISTENT WITH BOARD DIRECTION IN NOVEMBER 2003. THE BOARD FURTHER DIRECTED STAFF MEET WITH THE COMMUNITY TO DISCUSS THE NEED FOR FEE UPDATES BASED UPON SALARY AND BENEFIT INCREASES FOR ALL PROPERTY DEPARTMENTS WITH THE EXCEPTION OF BUILDING, AND THE NEED TO TRANSITION CERTAIN CURRENT APPLICATIONS THAT WERE RECEIVED PRIOR TO FEBRUARY 2004 FROM FLAT FEES TO TIME AND MATERIAL FEES.

3. Suspension of State mandates; and

THE BOARD INDICATED THEIR SUPPORT OF STAFF’S APPROACH TO BUDGET PROJECTED REVENUES AS IF THE COUNTY WILL RECEIVE FULL REIMBURSEMENTS FROM THE STATE.

4. Possible reduction in grant funding for certain programs.

THE BOARD INDICATED THEIR SUPPORT OF STAFF’S APPROACH TO ASSUME FULL GRANT FUNDING DURING BUDGET PREPARATION.

8E. 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)

8F. 2:30 p.m. Discussion and possible direction regarding the development of a balloon launching

facility on County owned property adjacent to the Roads Division Corporation Yard on Silverado

Trail in Yountville. (Supervisor Luce)

THE BOARD DIRECTED STAFF TO CONDUCT ADDITIONAL RESEARCH ON THE ISSUE AND REPORT BACK FOR FURTHER DIRECTION.

ML-BD-HM-BW-DD

Administrative Items

9A. Discussion and possible direction regarding enforcement efforts of Megan's Law.

(Supervisor Moskowite)

SUPERVISOR MOSKOWITE STATED THERE ARE CURRENTLY 27 SEX OFFENDERS WHO ARE UNACCOUNTED FOR IN NAPA COUNTY. HE STATED ON APRIL 18, 2005, HE MET WITH THE CHIEFS OF POLICE, THE SHERIFF AND THE DISTRICT ATTORNEY ON THIS MATTER AND ALL AGREED THIS ISSUE NEEDS ATTENTION. SUPERVISOR MOSKOWITE STATED THAT SHOULD THE SHERIFF OR DISTRICT ATTORNEY REQUEST ADDITIONAL FUNDING FOR THIS ISSUE, HE WOULD LIKE THE BOARD TO FIND THE FUNDS NECESSARY TO ASSIST IN IDENTIFYING, LOCATING AND PROPERLY DEALING WITH OFFENDERS.

9B. County Counsel requests adoption of a resolution amending the contract forms for Type H,

Type E and Type A Agricultural (Williamson Act) Preserve Contracts.

ADOPTED RESOLUTION BW-ML-BD-HM-DD R-05-64

9C. County Executive Officer requests appointment/reappointment of applicants from each of the

following categories to the Mental Health Board with terms commencing immediately and

expiring as indicated.

Consumer, Term Expires 01-01-08

Marian Johnson**

THE BOARD REAPPOINTED MARIAN JOHNSON.

BD-ML-HM-BW-DD

Family Member of Consumer, Term Expires 01-01-08 (Two Positions)

Anita Catlin**

Russell Burr**

Linda Mallett

THE BOARD REAPPOINTED ANITA CATLIN AND RUSSELL BURR.

BW-ML-BD-HM-DD

9C. Continued

Interested and Concerned Citizen, Term Expires 01-01-08 (Two Positions), Term Expires

01-01-06 (One Position)

Dorothy Hansen**

Linda Mallett*

Dennis Craig Simpson*

* Recommended by the Mental Health Board

** Incumbent and recommended by the Mental Health Board

THE BOARD REAPPOINTED DOROTHY HANSEN AND APPOINTED

LINDA MALLETT TO TERMS EXPIRING JANUARY 1, 2008, AND APPOINTED DENNIS CRAIG SIMPSON TO A TERM EXPIRING JANUARY 1, 2006.

BW-BD-HM-ML-DD

9D. First reading and intention to adopt an ordinance amending Sections 2.100.235 and 2.100.340 of

the Napa County Code Relating to Administrative Leaves of Absence and Salary on Promotion.

ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14

California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not

applicable.

TITLE READ

THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.

BD-ML-HM-BW-DD

THE BOARD DECLARED INTENT TO ADOPT THE ORDINANCE.

BW-ML-BD-HM-DD

9E. First reading and intention to adopt an ordinance adding a new Chapter 1.30 to Title 1 of the Napa

County Code Providing for the Indemnification of the County for Land Use Approvals.

ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14

California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not

applicable.

THE BOARD CONTINUED THE ITEM TO MAY 3, 2005 AT 10:30 A.M.

HM-ML-BD-BW-DD

10. Legislative Items.

SUPERVISOR LUCE REQUESTED A STANDING AGENDA ITEM FOR DISCUSSION OF HOUSING LEGISLATION.

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.

NONE

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

APRIL 26, 2005 AT 9:00 A.M.

____________________________________

DIANE DILLON, Chairperson

ATTEST: ____________________________________

PAMELA MILLER, Clerk of the Board

KEY

Vote: DD = Diane Dillon; BD = Bill Dodd; ML = Mark Luce;

HM = Harold Moskowite; 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