MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

 

January 27, 2004

 

 

1.         Call to Order; Roll Call.

            THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, JANUARY 27, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT:  CHAIRPERSON MARK LUCE, SUPERVISORS

            BILL DODD, BRAD WAGENKNECHT AND DIANE DILLON.  SUPERVISOR RIPPEY WAS EXCUSED AT ROLL CALL BUT ARRIVED DURING ITEM 3.  THE MEETING WAS CALLED TO ORDER BY CHAIR LUCE AT 9:00 A.M.

 

 

2.         Pledge of Allegiance.

FORMER DISTRICT 2 SUPERVISOR FRED NEGRI LED THE SALUTE TO THE FLAG.

 

 

3.            Presentations and Commendations.

 

            A.        Director of Health and Human Services to discuss the Infant-Parent Mental Health Fellowship Program and the California State Association of Counties Award received in November 2003.

            PRESENTATION MADE

 

 

4.         Public Comment.

LLOYD LUCAS SPOKE REGARDING THE STREET LIGHT SCHEDULED TO BE INSTALLED AT HIGHWAY 121 AND CIRCLE OAKS DRIVE.  MR. LUCAS PRESENTED A PETITION CONTAINING 152 SIGNATURES FROM NEIGHBORS WHO ARE OPPOSED TO THE STREET LIGHT BEING INSTALLED, AND REQUESTED THE BOARD PLACE THIS ISSUE ON A FUTURE AGENDA.

 

CHAIR LUCE DIRECTED STAFF TO LOOK INTO THE MATTER IN RESPONSE TO MR. LUCAS’ COMMENTS.

 

 

5.            Department Directors’ Reports and Announcements.

PAM KINDIG, AUDITOR-CONTROLLER, INTRODUCED CRAIG GOODMAN, THE COUNTY’S NEW ASSISTANT AUDITOR-CONTROLLER.

 

CRAIG GOODMAN STATED HE WAS PLEASED TO BE WORKING FOR NAPA COUNTY.

 

JOHN TUTEUR, ASSESSOR-RECORDER/COUNTY CLERK/REGISTRAR OF VOTERS REPORTED THAT EARLY VOTING FOR THE MARCH 2004 PRIMARY WILL BEGIN FEBRUARY 2, 2004 FOR THE COUNTY AND THE CITY OF NAPA, AND ON FEBRUARY 23, 2004 FOR THE CITIES OF ST. HELENA, AMERICAN CANYON, CALISTOGA AND THE TOWN OF YOUNTVILLE.

 

5.             Continued

 

MR. TUTEUR REPORTED THE EXPENSES FOR THE OCTOBER 7, 2003 SPECIAL ELECTION WERE $261,648.41, OF WHICH $230,000 WAS GENERAL FUND MONEY NOT PREVIOUSLY BUDGETED.  HE STATED COUNTIES ARE WORKING TO RECEIVE STATE REIMBURSEMENT FOR THOSE COSTS.

 

 

Consent Calendar

 

           

6A.      Chief Probation Officer requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4776 with ALDEA Children and Family Services increasing the amount by $20,807 for a new maximum of $119,026 to provide individual and family counseling for Juvenile Court wards.                                                                                                  A-4776

                                                                                                                                                (AMEND. 1)

           

 

6B.       County Fire Chief and County Executive Officer/Purchasing Agent request the following actions for County Vehicle 8038, a 1974 Van Pelt fire engine:

 

1)            Declare the fire engine as surplus and no longer required for public use; and

2)            Authorize the sale of the engine to North West Lassen Fire Protection District for $2,500.

 

 

6C.            Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4444 with Napa County Office of Education for a maximum of $57,744 for the term January 1, 2004 through December 31, 2004 to provide a Special Education/Early Childhood Instructor for the Therapeutic Child Care Center.            A-4444

 

 

6D.            Director of Health and Human Services requests approval of and authorization for the Chair to sign an agreement with Drug Abuse Alternatives Center for a maximum of $2,000 for the term June 26, 2003 through June 30, 2004 to provide outpatient alcohol and drug counseling services.

                                                                                                                                                A-6241

 

 

6E.            Director of Health and Human Services requests approval to submit the Public Health Preparedness & Response to Bioterrorism Application to the California Department of Health Services (CDHS) for continuation of Bioterrorism funding for Fiscal Year 2003/2004.

                                   

 

6F.            Director of Public Works requests adoption of a resolution approving application for grant funds under per capita grant program of the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (Proposition 40) to encumber $1.1 million, and authorizing $100,000 to be passed through to the City of Napa to increase its Program allocation.

                                                                                                                                                R-04-07

 

           

6G.      County Counsel requests adoption of resolution authorizing the release of a General Assistance Lien recorded in 1955.                                                                                       R-04-08

 

 

6H.      County Executive Officer requests approval of and authorization for the Chair to assign

County Agreement No. 4303 with David Early dba Design, Community and Environment, Inc. to Wolfe Mason Associates, a successor corporation.                                                      A-4303

 

 

6I.        County Executive Officer requests approval of and authorization for the Chair to sign an agreement with the Local Agency Formation Commission of Napa County for reimbursement to the County for administrative support services provided for the term July 1, 2003 through

June 30, 2004.                                                                                                               A-4433

 

           

6J.        County Executive Officer requests approval of and authorization for the Chair to sign a Land Tenure Agreement with the Division of Fairs and Expositions, Department of Food and Agriculture, State of California for the term January 27, 2004 through January 26, 2024 committing the County's continued use of fairground property for fairground purposes in return

for annual financial allocations from the State of California.                                 A-6243

 

 

6K.      County Executive Officer requests the appointment of Nickole K. Iadarola representing the Consumer category to serve on the Napa County Mental Health Board with the term of office expiring January 1, 2006.

 

 

7.            Discussion of items removed from the Consent Calendar.

            NONE

 

            APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6K.

                                                                        BD-BW-MR-DD-ML

 

 

Set Matters – Public Hearings

 

 

8A.      10:00 A.M.  Joint Meeting with the Conservation, Development and Planning Commission.

 

            Discussion with the Conservation, Development and Planning Commission and possible action by the Board of Supervisors regarding:

1)                  Various aspects of processing winery use permits.

 

2)                  Current membership of Airport Land Use Commission and possible alternatives.

 

3)                  Code enforcement and code compliance operations as it relates to use permit conditions of approval.

 

 

8A.             Continued

 

4)                  Options for implementing Design Review.

 

                        5)            Presentation by the Regional Water Quality Control Board regarding the Total Maximum Daily Load (TMDL) Study.

            DISCUSSION HELD AND PRESENTATION MADE – NO ACTION TAKEN

 

 

8B.       1:30 P.M.  Director of Public Works and Christopher Farrar of the United States Geological Survey to discuss a report entitled Ground-Water Resources in the Lower Milliken–Sarco–Tulocay Creeks Area, Southeastern Napa County, California, 2000–2002.

            DISCUSSION HELD

 

 

Administrative Items

 

 

9A.            Director of Public Works and Napa Sanitation District to discuss and request approval of and authorization for the Chair to sign a letter of support for the Napa Sanitation District proposal to perform a feasibility study of an aquifer storage and recovery well to store reclaimed wastewater in winter months for use during the summer irrigation season.

            APPROVED REQUEST                        BW-DD-BD-MR-ML

 

 

9B.       Napa County Privacy Officer and County Counsel to present update on activities related to the Health Insurance Portability and Accountability Act’s (HIPAA) implementation requirements.

            UPDATE PRESENTED

 

 

9C.      County Executive Officer requests the appointment of seven (7) of the following applicants to serve on the Napa County Commission on the Status of Women as General Public Representatives:

 

                        Six (6) appointments with the term expiring October 1, 2005

                        Jacqueline Canepa                                Olga Livia Cruz *

                        Marilyn Y. Dunn *                                Elisabeth Frater **

                        Patricia Neil McDermott                       Kim Meredith

                        Holly S. Morris **                                Samuel J. Reyes, Sr.*

                        Barbara M. Stone                                 Jeanette “Jenny” Valassopoulos

                        Esbeyda Villares **                              Wendy Walsh

                        Carol Marie Whichard

THE BOARD RE-APPOINTED MARILYN Y. DUNN, OLGA LIVIA CRUZ AND SAMUEL J. REYES, SR., AND APPOINTED PATRICIA NEIL MCDERMOTT,

CAROL MARIE WHICHARD AND JEANETTE VALASSOPOULOS.

                                                            BD-DD-MR-BW-ML

9C.            Continued

 

                        One (1) appointment with the term expiring October 1, 2004

                        Elisabeth Frater **                               Holly S. Morris**

                        Esbeyda Villares**

 

                        *Incumbent

                        ** Applied for both of the above terms

            THE BOARD APPOINTED ELISABETH FRATER.

                                                                        BD-DD-MR-BW-ML

 

 

9D.      County Executive Officer requests the appointment of one (1) Public Member representing the County of Napa from the applicants listed below to serve on the Napa Sanitation District with the term of office to expire December 31, 2005:

 

                        Applicants

                        Richard F. Luthy, Jr.

                        Dennis Scherzinger *

 

            * Incumbent

            THE BOARD RE-APPOINTED DENNIS SCHERZINGER.

                                                                        ML-BD-MR-BW-DD

 

 

10.            Legislative Items.

NONE

 

 

11.       Board of Supervisors’ Committee Reports and Announcements.

            SUPERVISOR WAGENKNECHT STATED HE WANTED TO ENSURE THE COUNTY AND NAPA SANITATION DISTRICT WERE BOTH INVOLVED WITH THE RECYCLED WATER MASTER PLANNING.

 

            SUPERVISOR LUCE RESPONDED THAT THE NAPA SANITATION DISTRICT HAS BEEN INVOLVED AND ONE OF THE PROJECTS LOOKED AT WAS THE REGENERATION OF THE SALT MARSHES AND BRINGING WATER TO THAT AREA.

 

            SUPERVISOR DODD REPORTED THAT HE AND SUPERVISOR WAGENKNECHT PARTICIPATED IN THE COMMUNITY HOUSING ADVISORY BOARD MEETING

            ON JANUARY 22, 2004, AND STATED THE BOARD APPROVED THEIR FIRST PROJECT.

 

            SUPERVISOR DODD REPORTED THAT HE AND SUPERVISOR DILLON ATTENDED THE NAPA COUNTY TRANSPORTATION PLANNING AGENCY MEETING ON JANUARY 21, 2004, AND STATED THE AGENCY APPROVED A $60,000 EXPENDITURE TO REVIEW A HALF-CENT SALES TAX PROPOSAL FOR TRANSPORTATION IMPROVEMENTS. 

 

12.       Board of Supervisors’ Future Agenda Items.

            NONE

 

 

13.       County Executive Officer Reports and Announcements.

WILLIAM CHIAT, COUNTY EXECUTIVE OFFICER, REPORTED THE COUNTY SAVED APPROXIMATELY $319,800 BY TAKING TWO FURLOUGH DAYS IN DECEMBER AND JANUARY.

 

MR. CHIAT REPORTED THE LEGISLATIVE SUB-COMMITTEE MET

JANUARY 26, 2004 AND DISCUSSED SENATE BILL 744 (SB 744), BY SENATOR DUNN, THAT WOULD MOVE AUTHORITY TO THE HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT TO OVERRIDE HOUSING PROJECT DECISIONS BY COUNTY BOARDS OF SUPERVISORS AND CITY COUNCILS.  HE STATED SB 744 PASSED THE SENATE AND WILL NOW BE PRESENTED TO THE ASSEMBLY FOR A VOTE.

 

MR. CHIAT REPORTED THAT ON JANUARY 26, 2004 HE AND OTHER STAFF MEMBERS PARTICIPATED IN A CONFERENCE CALL WITH OTHER COUNTY ADMINISTRATORS REGARDING THE STATE BUDGET.  MR. CHIAT STATED THERE ARE CURRENTLY DISCUSSIONS IN SACRAMENTO TO CONSIDER ALTERNATIVES TO EDUCATION REVENUE AUGMENTATION FUNDS (ERAF) TO SHIFT $1.3 BILLION FROM LOCAL GOVERNMENTS TO THE STATE.

 

MR. CHIAT ALSO REPORTED ON THE DEPARTMENT DIRECTOR MEETING HELD ON JANUARY 21, 2004, THE PROGRESS OF THE PERFORMANCE MEASUREMENT TEAM, AND THE EMPLOYEE SUGGESTION PROGRAM BEING IMPLEMENTED. 

HE ANNOUNCED THAT ON MONDAY, JANUARY 26, 2004, THERE WAS A CONTINUOUS QUALITY IMPROVEMENT PROGRAM KICK-OFF HELD AT HEALTH AND HUMAN SERVICES AND OUTLINED THE PURPOSE OF THE PROGRAM. 

 

MR. CHIAT ALSO STATED HE IS SCHEDULED TO MEET WITH THE NAPA CONFERENCE AND VISITORS’ BUREAU (CVB) TO DISCUSS THE POTENTIAL OF JOINT PROJECTS AND THE POTENTIAL OF COUNTY REPRESENTATION ON THE CVB BOARD.

 

 

14.       Closed Session.

 

            A.            CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Government Code Section 54956.9 (a))

 

Name of case:            Jorge Deharo, Hector Olvera, Latinos Unidos de Napa, an Unincorporated Association v. County of Napa et. al. (Case No. 26-22255)

            CLOSED SESSION HELD – NO REPORTABLE ACTION

 


 

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

FEBRUARY 3, 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