MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

 

July 12, 2005

 

1.         Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION ON TUESDAY, JULY 12, 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 9:04 A.M.

 

2.         Pledge of Allegiance.

CHARLA FRECKMANN, ASSISTANT HUMAN RESOURCES DIRECTOR, LED THE SALUTE TO THE FLAG.

 

Presentations and Commendations

 

3A.      Presentation by Human Resources Director of Certificates of Completion to participants of the Napa County Supervisory Academy.

            PRESENTATION MADE

 

4.         Public Comment.

JOICE BEATTY SPOKE REGARDING THE DETERIORATED CONDITION OF THE SILVERADO TRAIL.

 

CHAIR DILLON AND ROBERT PETERSON, DIRECTOR OF PUBLIC WORKS, EXPLAINED THE ON-GOING EFFORTS CURRENTLY IN PLACE TO ADDRESS THE ROADS IN ALL OF NAPA COUNTY.

 

5.         Department Heads' Reports and Announcements.

JOHN TUTEUR, ASSESSOR-RECORDER-COUNTY CLERK, REPORTED THAT THE STATE’S BUDGET COMPROMISE CONSISTED OF REMOVAL OF THE TAX ADMINISTRATION TRUST FUND PAYMENTS FOR ALL COUNTIES FOR THE CURRENT AND NEXT FISCAL YEAR.  NAPA COUNTY HAS RECEIVED APPROXIMATELY $3.3 BILLION OVER THE PAST NINE YEARS.  PAYMENTS MAY BE RESTORED BY THE STATE SOMETIME IN THE FUTURE. 

 

MR. TUTEUR REPORTED NAPA COUNTY’S ASSESSMENT ROLL GREW BY

$2 BILLION DOLLARS LAST YEAR, WHICH IS THE LARGEST DOLLAR INCREASE EVER EXPERIENCED AND GREATER THAN THE ENTIRE ASSESSMENT ROLL IN 1978.  NAPA COUNTY IS ONE OF THE TOP FIVE COUNTIES IN THE STATE IN ASSESSED VALUE PER CAPITA. 

 

DAVE WHITMER, AGRICULTURAL COMMISSIONER, ANNOUNCED THE FINDING OF A FUNGAL DISEASE THAT AFFECTS CHRYSANTHEMUMS ON TWO PROPERTIES WITHIN THE COUNTY.  HE STATED HIS OFFICE IS WORKING WITH THE PROPERTY OWNERS TO ERADICATE THE DISEASE.

 

 

 

5.         Continued

 

BEN WILSON, DIRECTOR OF INFORMATION TECHNOLOGY SERVICES, REPORTED THAT THE CENTER FOR DIGITAL GOVERNMENT ALONG WITH THE NATIONAL ASSOCIATION OF COUNTIES ANNOUNCED THE WINNERS OF THE 2005 DIGITAL COUNTY SURVEY.  NAPA COUNTY PARTICIPATED IN THE UNDER 150,000 POPULATION CATEGORY AND WAS AWARDED THIRD PLACE.  THE SURVEY IS A NATIONWIDE COMPETITION TO ASSESS HOW COUNTIES USE TECHNOLOGY TO DELIVER SERVICES TO THEIR CITIZENS.

 

JILL PAHL, ASSISTANT DIRECTOR OF ENVIRONMENTAL MANAGEMENT, ANNOUNCED THAT ON AUGUST 12, 2005, SHE AND THE SHERIFF WILL RETURN TO THE BOARD TO REPORT ON DOG MAULINGS IN THE AREA.  SHE REPORTED

IT HAS BEEN 28 YEARS SINCE NAPA COUNTY HAD A SERIOUS MAULING.  IN THE PAST SIX MONTHS 1,300 TOTAL CALLS HAVE BEEN RECEIVED REGARDING ANIMAL INCIDENTS.  TWELVE PERCENT OF THOSE CALLS WERE PIT BULL RELATED.  THERE WERE A TOTAL OF NINETY BITES, TEN OF WHICH INVOLVED PIT BULLS.

Consent Calendar

 

6A.      Chief Probation Officer requests approval of and authorization for the Chair to sign the renewal            of Agreement No. 4776 with ALDEA Children and Family Services for a maximum

            of $112,500 for the term July 12, 2005 through June 30, 2006 for therapeutic services for

            minors under the supervision of the Napa County Probation Department.           A-4776

                       

6B.       Sheriff requests the following actions regarding public safety at Lake Berryessa:

1.   Acceptance of a memorandum regarding public safety activities during the 4th of July weekend;

2.   Adoption of a resolution approving continued enforcement of roadside parking restrictions and tow-away zones on Knoxville-Berryessa Road and Pope Canyon Road.                                                                                                      R-05-111

 

6C.      Sheriff, Chief Probation Officer and Director of Corrections request approval of the       following establishing a fixed asset in each department for the purchase of three (3)    LiveScan fingerprinting systems:

1.   Approval of Budget Transfer No. 1 increasing appropriations in the Sheriff, Probation and Corrections budget units with offsetting revenues from the Sheriff's Fingerprint ID Trust in the amount of $51,401 within each budget unit for a total of $154,203; (4/5 vote required) and                               BT-01

 

2.   A waiver of competitive bidding requirements and sole source award of the purchase of three LiveScan fingerprinting systems from Identix, Incorporated, Ontario, California, for a total of $154,203 pursuant to County Ordinance Code 2.36.090.

 

6D.      Napa Special Investigations Bureau (NSIB) Governing Board requests approval of the

            following distribution totaling $60,849 from seized and forfeited funds from narcotic/drug           trafficking investigations in Napa County for Fiscal Year 2005-2006 (4/5 vote required):

1.   Napa Sheriff's Department 41.5% $25,253

2.   Napa Police Department 23.5% 14,300

3.   Bureau of Narcotic Enforcement 11.0% 6,693

4.   St. Helena Police Department 9.0% 5,476

5.   Calistoga Police Department 9.0% 5,476

6.   Napa Probation Department 6.0% 3,651

 

6E.       Director of Health and Human Services requests approval of and authorization for the Chair to   sign the renewal of revenue Agreement No. 3700 with the California Department of

            Health Services for $26,037 for the term July 1, 2005 through June 30, 2006 for the Child

            and Infant Immunization Program.                                                                     A-3700

 

6F.       Director of Health and Human Services requests approval of and authorization for the Chair to   sign the following agreements for the provision of AIDS Education and Prevention services:

1.   Amendment No. 1 to Agreement No. 3409 with the California Department of Health Services (AIDS Master Grant Agreement) decreasing the amount by $148,290 for a new combined maximum of $213,912 for Fiscal Years 2004-2005, 2005-2006 and 2006-2007;                                                                A-3409

                                                                                                                        (AMEND. 1)

2.   Amendment No. 1 to Agreement No. 3820 with the California Department of Health Services prescribing terms and conditions for AIDS Education and Prevention activities; and                                                        A-3820

                                                                                                                        (AMEND. 1)

3.   Agreement with Planned Parenthood-Shasta Diablo for a maximum of $32,000 for the term July 12, 2005 through June 30, 2006 to provide HIV education and prevention services.                                                                        A-6480           

 

6G.      Director of Health and Human Services requests approval of and authorization for the

            Chair to sign Amendment No. 1 to revenue Agreement No. 3110 with the California

            Department of Health Services decreasing the amount by $4,124 for a new maximum

            of $119,635 for services related to        the Ryan White Comprehensive AIDS Resources

            Emergency (CARE) Program.                                                                           A-3110

                                                                                                                                                (AMEND. 1)

 

H.        Director of Health and Human Services requests approval of and authorization for the Chair to   sign Amendment No. 1 to Agreement No. 4065 with Buckelew Programs (an alternative housing             program for mentally ill adults) incorporating agency-wide changes to the General Terms and

            Conditions and revising the Scope of Work to include additional

            billing requirements.                                                                                                      A-4065

                                                                                                                                                (AMEND. 1)

 

6I.        Director of Health and Human Services requests approval of and authorization for the Chair to   sign Amendment No. 1 to Agreement No. 6374 with J. Michael Kerr, Ph.D., incorporating         agency-wide changes to the General Terms and Conditions and increasing the amount by $11,000   for a new maximum of $36,000 to provide conservatorship investigation services to clients of the     Behavioral Health Program.                                                                                          A-6374

                                                                                                                                                (AMEND. 1)

 

6J.        Director of Health and Human Services requests approval of and authorization for the Chair to   sign the following amendments regarding services for the Juvenile Drug Court:

1.   Amendment No. 1 to Agreement No. 5061 with Barbara Reisman, M.D.,

      incorporating agency-wide changes to the General Terms and Conditions and

      decreasing the amount by $15,000 for a new maximum of $10,000;            A-5061

                                                                                                                                                (AMEND 1)

2.   Amendment No. 1 to Agreement No. 6168 with John Pearson incorporating agency-wide changes to the General Terms and Conditions and decreasing the amount by $15,000 for a new maximum of $5,000.                                                      A-6168

                                                                                                                        (AMEND. 1)

 

6K.      Agricultural Commissioner/Sealer of Weights and Measures requests approval of and

            authorization for the Chair to sign the renewal of Agreement No. 4212 with the California

            Department of Food and Agriculture for reimbursement of expenditures for the enforcement of the         California Organic Foods Act with revenue not to exceed $1,400 to perform services for the term             July 1, 2005 through June 30, 2006.                                                                                 A-4212

 

6L.       Director of Public Works requests adoption of a resolution temporarily closing a portion of

            Buchli Station Road, Las Amigas Road, and Duhig Road from 7:00 A.M. to 9:00 A.M. on        Sunday, July 17, 2005 for the Napa to Sonoma Wine Country Half Marathon.                                                                                                                                                                            R-05-112

 

6M.      Director of Public Works requests the rejection of the one and only bid received on June 9,

            2005 pursuant to Section 20150.9 of the Public Contract Code relating to the "Criminal

            Courts Building Boiler Cover Project,” PW 03-16.

 

6N.      Director of Public Works requests award of the contract for the "Health & Human Services

            Agency Buildings G & H Roof Repair & Fascia Replacement Project," PW 05-06, to Modern Method Roofing of Napa, California, for its low base bid of $32,307 and authorization for the

            Chair to sign the construction contract

 

6O.      Director of Public Works requests approval of and authorization for the Chair to sign Program   Supplement Agreement No. 013-M and 014-M with the California Department of   Transportation to administer Agency-State Agreement No. 04-5921 for the "Asphalt Concrete Overlay of Silverado Trail and Yountville Crossroad Project,” RDS 05-08.      

                                                                                                                                                A-6481

                                                                                                                                                A-6482

 

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

            agreement with Kleinfelder, Inc. for a maximum of $50,000 for the term July 12, 2005 through June 30, 2006 for construction testing services.                                                     A-6483

 

 

6Q.      Human Resources Director requests adoption of a resolution regarding the following in

            connection with the County Executive Office, effective, July 16, 2005:

1.   Amend the Departmental Allocation List to:

                                    a.  Delete two (2) Principal Management Analyst positions;

                                    b.  Delete three (3) Management Analyst III positions;

c.  Add five (5) flexibly staffed Management Analyst I/II/Senior/Principal

      positions, under the following conditions:

i. Positions within the flexibly staffed series filled prior to July 16, 2005,

    will remain Management Classified;  

ii. Vacant positions within the flexibly staffed Management Analyst

  series that are filled on or after July 16, 2005, will be designated as                at-will, Management Non-Classifed (Other).

2.   Amend the Table and Index to delete Management Analyst III and add Senior Management Analyst; and

3.   Amend appropriate personnel policies to delete Management Analyst III and add Senior Management Analyst and add flexibly staffed permanent and at-will Management Analyst I/II/Senior/Principal Management Analyst.         R-05-113

 

6R.       Human Resources Director requests adoption of a resolution regarding amendments to the

            Management Compensation Plans, effective July 16, 2005:

1.   Amend the Management Compensation Plan – Management Non-Classified            (Other)                                           to:

                                    a. Provide severance pay to specified employees; and

b. Designate as at-will “Non-Classified (Other)” those vacant positions within the flexibly staffed Management Analyst series that are filled on or after July     16, 2005; and

 c. Discontinue Management Pay after August 26, 2005 at which time such pay     will be included in the regular salary of employees.

2.   Amend the Management Compensation Plan – Management Non-Classified to:

a. Specify that severance pay shall be afforded upon termination and upon

    resignation in lieu of termination; and

b. Discontinue Management Pay after August 26, 2005 at which time such pay will

     be included in the regular salary of employees. 

                        3.   Amend the Management Compensation Plan – Management Classified to:

a. Discontinue Management Pay after August 26, 2005 at which time such pay will

    be included in the regular salary of employees; and

b. Amend Attachment 1, Part A, to delete the classification of Management Analyst

    I and to add the flexibly staffed classification of Senior Management Analyst  

    (and to correspondingly delete Management Analyst III) which is part of the

    CEO Management Analyst series.                                         R-05-114

 

6S.       Human Resources Director requests adoption of a resolution amending the Departmental           Allocation List in the Department of Corrections to delete one (1) Maintenance Worker II and

add one (1) Building Maintenance Worker, effective July 16, 2005.                   R-05-115

 

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

            in Environmental Management effective July 12, 2005:

1.   Amend the Departmental Allocation List to add one (1) Senior Animal Attendant and one (1) Office Assistant II and delete one (1) Animal Attendant and one (1) Account Clerk II; and

2.   Amend the Table and Index to add Senior Animal Attendant.                      R-05-116

 

6U.      Human Resources Director requests adoption of a resolution approving a cost of living adjustment

            of 3.0% for Law Enforcement and Law Enforcement Supervisory units effective July 2, 2005.

                                                                                                                                                R-05-117

 

6V.      County Executive Officer requests acceptance of the responses submitted by the Auditor-

            Controller, County Executive Office, Information Technology Services and Child Support

            Services to the Outside Auditor's Management Report for Fiscal Year 2003-2004.

           

 

 

 

6W.     County Executive Officer requests approval of and authorization for the Chair to sign Amendment          No. 3 to Agreement No. 2265 with George Hills Company, Inc., extending the term through June            30, 2010 for third party liability administration services.                                      A-2265

                                                                                                                                                (AMEND. 3)

 

6X.      County Executive Officer requests the Board:

1.   Accept and file the 2004-2005 Grand Jury Final Report with the Clerk of the Board; and

2.   Direct the County Executive Officer to prepare a response to the Grand Jury Report by

                              September 21, 2005 as prescribed by law.

 

6Y.      County Executive Officer requests approval of and authorization for the Chair to sign a grant      contract with the U.S. Department of Labor, Office of Disability Employment Policy for a

            maximum of $450,000 for the term September 30, 2005 through September 29, 2006 for the fifth

and final year of the Project INCLUSION grant.                                                           A-4603

 

6Z.       County Executive Officer requests approval of and authorization for the Chair to sign a grant

            extension request for Year 4 of Project INCLUSION extending the term through January 30, 2006

            at no additional cost to continue employment planning and implementation services for people

            with disabilities.                                                                                                             A-4603

                                                                                                                                               

7.         Discussion of items removed from the Consent Calendar.

            NONE

 

            APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6Z.

                                                                        BD-BW-HM-ML-DD

 

 

Set Matters or Public Hearings

 

 

8A.      9:00 a.m.  Closed Session.  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 County of Napa)

            CLOSED SESSION HELD

 

THE BOARD UNANIMOUSLY APPROVED A 2.9% COST OF LIVING ALLOCATION INCREASE EFFECTIVE THE FIRST DAY OF THE FIRST PAY PERIOD IN JULY 2005.

 

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

 

 

 

 

8B.       9:00 a.m.  Closed Session.  PUBLIC EMPLOYEE APPOINTMENT/ONGOING RECRUITMENT OF THE FOLLOWING POSITION (Government Code Section 54957):  Director of Environmental Management

            CLOSED SESSION HELD – NO REPORTABLE ACTION

 

8C.      9:15 a.m.  Recess to the In-Home Supportive Services Public Authority of Napa County           meeting.

(SEE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY OF NAPA COUNTY MEETING MINUTES)

 

8D.      9:30 a.m.  Recess to the Napa County Flood Protection and Watershed Improvement Authority             special meeting.

            (SEE NAPA COUNTY FLOOD PROTECTION AND WATERSHED IMPROVEMENT             AUTHORITY SPECIAL MEETING MINUTES)

 

8E.       10:30 a.m.  Discussion and possible action to direct staff to prepare an ordinance amending the

            County's building and construction regulations (County Code Title 15) to regulate the new

            construction or replacement of woodburning appliances. (Supervisor Wagenknecht)

            DISCUSSION HELD – NO ACTION TAKEN.

 

Administrative Items

 

 

9A.      District Attorney requests approval of Budget Transfer No. 90 transferring $2,701.79 from the

            Environmental Trust Fund and $13,490.45 from the Asset Forfeiture Trust Fund to the District

            Attorney's budget for operating expenses. (4/5 vote required)                            BT-90

            (CONTINUED FROM JUNE 28, 2005)

            APPROVED REQUEST                   BD-ML-BW-HM-DD

 

 

9B.       District Attorney requests approval of and authorization to sign a grant award for Fiscal Year

            2005-2006 with the Governor's Office of Emergency Services in the amount of $101,972, with no

            County match required, to continue funding for vertical prosecution of Statutory Rape and Elder

            and Dependant Adult Abuse cases.

            APPROVED REQUEST                   BD-ML-BW-HM-DD

 

 

9C.      Human Resources Director requests adoption of a resolution approving a cost of living adjustment

            (COLA) for unrepresented non-classified, management and confidential employees in an amount

            equal to the COLA received by County PSE and PSE Supervisory employees generally to be

            effective July 2, 2005.                                                                                                   ADOPTED RESOLUTION                      BD-BW-HM-ML-DD                                   R-05-118

           

Legislative Items

 

10A.    Discussion and possible action concerning any and all issues related to Regional Housing Needs

            Allocations. (Unanimous vote of the Board members present required).

            DISCUSSION NOT HELD

 

 

 

11.       Board of Supervisors' Committee Reports and Announcements.

SUPERVISOR DODD ANNOUNCED THAT SUPERVISOR MOSKOWITE WILL ATTEND THE NAPA COUNTY LEAGUE OF GOVERNMENTS (NCLOG) MEETING SCHEDULED FOR JULY 14, 2005 AS THE COUNTY’S NON-VOTING REPRESENTATIVE.

 

SUPERVISOR LUCE REPORTED THAT A RECLAIMED WATER STRATEGY WAS ADOPTED AT THE LAST NAPA SANITATION DISTRICT MEETING.  HE ALSO STATED THAT AS A RESULT OF THE DISTRICT’S CURRENT BUDGET SITUATION,

IT IS REVIEWING THE POSSIBILITY OF RATE INCREASES.

 

12.       Board of Supervisors' Future Agenda Items.

            NONE

 

13.       County Executive Officer Reports and Announcements.

NANCY WATT, COUNTY EXECUTIVE OFFICER, REPORTED SHE AND THE CITY MANAGERS MET AND REVIEWED THE STUDY THAT WAS COMPLETED REGARDING WAYS TO RESTRUCTURE NCLOG.  A SCOPE OF WORK FOR AN AGREEMENT WILL BE AGENDIZED AT THE UPCOMING NCLOG MEETING.

 

MS. WATT ALSO ANNOUNCED THAT GOVERNOR SCHWARZENEGGER SIGNED THE STATE’S BUDGET FOR FISCAL YEAR 2005-2006.  THE BUDGET INCLUDES REPAYMENT OF THE STATE’S VEHICLE LICENSING FEE LOAN FROM FISCAL YEAR 2002-2003.  NAPA COUNTY’S PORTION OF THE REPAYMENT IS APPROXIMATELY $2.5 MILLION.   

 

14.       Closed Session.

                        A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

                 Significant exposure to litigation pursuant to subdivision (b) of Government Code

                 Section 54956.9: (1 case)          

            CLOSED SESSION HELD – NO REPORTABLE ACTION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ MEETING, TUESDAY, JULY 19, 2005 AT 9:00 A.M.

 

____________________________________

BILL DODD, Chairperson

 

 

ATTEST:         ____________________________________

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