NAPA COUNTY BOARD OF SUPERVISORS
TUESDAY MAY 18, 2004 9:00 A.M.
County Executive Officer
Clerk of the Board
The Board of Supervisors meets each Tuesday at 9:00 A.M. at 1195 Third Street, Suite 305, Napa, California 94559. The meeting room is wheelchair accessible. Assistive listening devices and interpreters are available through the Clerk of the Board of the Napa County Board of Supervisors. Requests for disability related modifications or accommodations, aids or services may be made to the Clerk of the Board’s office no less than 72 hours prior to the meeting date by contacting (707) 253-4580 (253-6088TDD).
The agenda is divided into three sections:
CONSENT ITEMS - These matters typically include routine financial or administrative actions, as well as final adoption of ordinances that cannot be both introduced and adopted at the same meeting. Any item on the CONSENT CALENDAR will be discussed separately at the request of any person. CONSENT CALENDAR items are usually approved with a single motion.
SET MATTERS - PUBLIC HEARINGS - These items are noticed hearings, work sessions, and items with a previously set time.
ADMINISTRATIVE ITEMS - These items include significant policy and administrative actions and are classified by program areas. Immediately after approval of the CONSENT CALENDAR, if the time for hearing SET MATTERS has not arrived, ADMINISTRATIVE ITEMS will be considered.
Documents for all agenda items are on file with the Clerk of the Board.
ANY MEMBER OF THE AUDIENCE DESIRING TO ADDRESS THE BOARD ON A MATTER ON THE AGENDA please proceed to the rostrum and, after receiving recognition from the Chair, give your name, address, and your comments or questions. In order that all interested parties have an opportunity to speak, please be brief and limit your comments to the specific subject under discussion. Time limitations shall be at the discretion of the Chair or Board.
AGENDA AVAILABLE ONLINE AT www.co.napa.ca.us
1. CALL TO ORDER; ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS AND COMMENDATIONS
A. Presentation of a proclamation declaring May 16 - 22, 2004 as Emergency Medical Services week.
4. PUBLIC COMMENT
In this time period, anyone may address the Board of Supervisors regarding any subject over which the Board has jurisdiction but which is not on today's posted agenda. In order to provide all interested parties an opportunity to speak, time limitations shall be at the discretion of the Chair. As required by Government Code, no action or discussion will be undertaken on any item raised during this Public Comment period.
5. DEPARTMENT DIRECTORS’ REPORTS AND ANNOUNCEMENTS
6. CONSENT ITEMS
A. Sheriff requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 4502 adding the Town of Yountville as a party to the existing agreement executed by the County of Napa and the Cities of Napa, St. Helena, Calistoga and American Canyon and allowing for annual maintenance fees on a pro rata basis for the countywide multi-agency mobile data communication system.
B. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to revenue Agreement No. 4089 with Sonoma County, revising the regional Emergency Medical Services operating budget.
C. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements with Napa Valley Unified School District for the term October 1, 2003 through June 30, 2004:
1) Agreement for a maximum of $2,500 to provide childcare services for clients enrolled in the Women’s Recovery Program; and
2) Business Associate Agreement setting forth the terms and conditions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule.
Community Resources & Infrastructure
D. Agricultural Commissioner/Sealer requests approval of and authorization for the Chair to sign an agreement with the California Department of Food and Agriculture (CDFA) reimbursing County costs not to exceed $2,160 associated with Nematode Control Program services for the term April 1, 2004 through June 30, 2004.
E. Director of Environmental Management requests approval of Budget Transfer No. 66 appropriating $257,000 in the Environmental Management budget, with offsetting revenue from California Integrated Waste Management Board grant to promote used oil recycling. (4/5 vote required)
F. Director of Public Works requests the following:
1) Approval of Budget Transfer No. 65 appropriating $14,000 in the Library Capital Improvement budget with offsetting revenues from the Library operating budget for funding the Calistoga Library Exterior Painting (4/5 vote required); and
2) Award of the contract for the “Calistoga Library Exterior Painting,” PW 04-10, to
Z. K. Painting of Castro Valley, California, for their low base bid of $6,700, and authorization for the Chair to sign the construction contract.
G. Director of Public Works requests approval of plans and specifications for the “Napa County Library HVAC Equipment Replacement," PW 03-18, authorization to advertise for bids and setting 3:30 P.M. on July 1, 2004 for opening of sealed bids.
H. Director of Public Works/Aviation requests authorization for the Chair to sign a Certificate of Acceptance of an Avigation and Hazard Easement Deed from Syar Industries, Inc. (Assessor’s Parcel No. 057-110-018 and 057-110-019)
General Administration & Finance
I. Clerk of the Board and County Counsel request the Board acknowledge the request of the Napa Valley Community College District’s Bond Counsel, Stradling, Yocca, Carlson & Rauth, to not authorize the issuance of a tax and revenue anticipation note (TRAN) thereby allowing the Community College District to issue the note in its own name, and authorize the Clerk of the Board to sign and return the acknowledgement to the District’s Bond Counsel.
General Administration & Finance - Continued
J. County Executive Officer requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 2265 with George Hills Company, Inc., increasing the amount by $3,202 for a new maximum of $83,245 effective July 1, 2004 for third party liability administration services, with a provision for annual automatic renewal under the same terms and conditions.
K. County Executive Officer requests adoption of a resolution authorizing the restructuring of an approved loan, in the amount of $850,000, to Napa Valley Community Housing, for the development of a 29-unit affordable housing development known as Magnolia Park Town Homes, and authorization for the Chair to sign Loan Agreement and specified related documents.
L. County Executive Officer/Purchasing Agent requests authorization to declare certain items as surplus and no longer required for public use, remove them from inventory, and dispose of them at public auction. (4/5 vote required)
M. Approve minutes of Board of Supervisors’ meeting of April 27, 2004.
N. Approve minutes of Board of Supervisors’ meeting of April 20, 2004.
7. DISCUSSION OF ITEMS REMOVED FROM THE CONSENT CALENDAR
8. SET MATTERS - PUBLIC HEARINGS
A. 9:30 A.M. Board of Supervisors meeting as a Board of Equalization:
1) Approve minutes of Board of Equalization meeting of April 20, 2004.
2) Agenda review.
99-78 Austin Hills
(Assessor’s Parcel No. 032-530-007)
02-163 Thomas D. Voigt
(Assessor’s Parcel No. 052-472-024)
5) Adjourn to Board of Equalization meeting Tuesday, June 15, 2004 at 9:30 A.M.
8. SET MATTERS - PUBLIC HEARINGS – Continued
B. 10:30 A.M. Presentation by the Conservation, Development and Planning Department regarding Fiscal Year 2004-2005 Overall Work Program.
C. 11:30 A.M. PUBLIC HEARING County Counsel and the Conservation, Development and Planning Department request a first and final reading and adoption of an ordinance adding new sections 18.08.263, 18.08.264 and 18.08.612 and amending sections 18.08.460, 18.120.010(A) and 18.120.010(b) of the Napa County Code regarding personal use airports and heliports, emergency medical services landing sites, emergency use facilities and temporary helicopter landing sites in the unincorporated portions of Napa County.
ENVIRONMENTAL DETERMINATION: Categorically exempt pursuant to 14 CCR 15305: Minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density. (Class 5)
D. 1:30 P.M. Recess to the Napa County Flood Control and Water Conservation District (NCFCWCD) meeting (See NCFCWCD Agenda).
E. 2:30 P.M. PUBLIC HEARING. Consideration and possible action regarding an appeal filed by Brian Carr to a decision by the Director of Public Works to deny a Lot Line Adjustment filed by Brian Carr for the property located at 316 Wall Road. (Assessor's Parcel Nos.
027-510-006, 027-510-016, and 027-510-020)
(APPLICANT REQUESTS CONTINUANCE TO JUNE 8, 2004 AT 9:15 A.M.)
F. 2:35 P.M. Presentation by Public Works, Environmental Management, and Conservation, Development and Planning Departments regarding implementation of the County's obligations under the National Pollution Discharge Elimination System (NPDES) and enhancements to the erosion control review process, with the request that the Board of Supervisors provide:
1) Conceptual approval of the plan to meet mandated requirements of the NPDES program and proposed enhancements to the erosion control review process; and
2) Direction to return with a user fee proposal to finance both programs.
9. ADMINISTRATIVE ITEMS
A. County Fire Chief and County Executive Officer/Purchasing Agent request the following actions (4/5 vote required):
1) Approval of establishing the following fixed assets originally anticipated to be included in the Fiscal Year 2004-2005 budget:
· One fire engine
· Two water tenders
· One enclosed utility vehicle
2) Approval of Budget Transfer No. 67 increasing the appropriation for fixed assets by $1,084,000, with offsetting revenues of $140,721 from equipment trust fund and cancellation of $481,988 in designations, and $461,291 in decreased appropriations for contingencies; and
3) Waiver of competitive bidding requirements and authorization to make a sole source award pursuant to County Ordinance Code 2.36.090 for the purchase of the following fixed assets:
· Two water tenders from Pierce Manufacturing in Appleton, Wisconsin, for the total amount of $350,000 to replace those at the Rutherford Volunteer Fire Department and the Capell Valley Volunteer Fire Department.
· Two chassis for the water tenders from Redwood Reliance Peterbilt, 7911 Redwood Drive, Cotati, California, for $220,602.
· One Class A Pumper from Pierce Manufacturing in Appleton, Wisconsin, for the total amount of $390,000 for Edgerly Island Volunteer Fire Department.
· One 105’ Aerial Quint from Pierce Manufacturing in Appleton, Wisconsin, for the total amount of $670,000 for the Yountville Fire Station.
General Administration & Finance
B. Consideration and possible action to appoint one (1) member of the Board of Supervisors to serve on the Local Agency Formation Commission (LAFCO) for a four (4) year term of office expiring in May 2008, and possibly, an alternate member to a term expiring May 2005.
(CONTINUED FROM APRIL 27 AND MAY 4, 2004)
C. First reading and intention to adopt an ordinance amending section 2.58.160 of the Napa County Code extending the expiration of the In-Home Supportive Services Public Authority of Napa County.
ENVIRONMENTAL DETERMINATION: It can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment and therefore CEQA is not applicable [See Guidelines For the Implementation of the California Environmental Quality Act, 14 CCR 15061(b)(3)].
General Administration & Finance - Continued
D. Discussion and possible action related to Indian gaming:
1) Staff report on exploratory discussions related to the creation of a Memorandum of Understanding (MOU) with Yolo, Solano, and Sonoma Counties; and
2) Consideration and possible action to appoint one (1) member of the Board of Supervisors and one (1) alternate to serve on an Ad Hoc Committee composed of representatives from the Yolo, Solano, Sonoma, and Napa County Boards of Supervisors for the purpose of giving guidance and direction to staff concerning the development of an Indian gaming MOU and a scope of work for the procurement of Indian gaming lobbying services.
10. LEGISLATIVE ITEMS - NONE
11. BOARD OF SUPERVISORS’ COMMITTEE REPORTS AND ANNOUNCEMENTS
12. BOARD OF SUPERVISORS’ FUTURE AGENDA ITEMS
13. COUNTY EXECUTIVE OFFICER REPORTS AND ANNOUNCEMENTS
14. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code Section 54956.9 (a))
Name of cases:
i) Napa Citizens for Honest Government et al v. Napa County Board of Supervisors (Case No. 26-04014)
ii) Jorge Deharo, Hector Olvera, Latinos Unidos de Napa, an Unincorporated
Association v. County of Napa et. al. (Case No. 26-22255)
B. 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)
Unrepresented Employees: Non-Classified, Management and Confidential Employees of the County of Napa (Excluding Elected Officials)
14. CLOSED SESSION - Continued
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code
Property: 2000 Airport Road, Napa
Agency Negotiator: Robert Peterson, Director of Public Works/Aviation
Negotiating Party: JALUX Americas, Inc.
Under Negotiation: Terms of renewal/renegotiation of lease
ADJOURN TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, MAY 25, 2004
AT 9:00 A.M.