MINUTES OF THE
MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF NAPA
February 10, 2004
1. Call
to Order; Roll Call.
THE
BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY,
FEBRUARY 10, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRPERSON MARK LUCE, SUPERVISORS
BILL
DODD, MIKE RIPPEY, BRAD WAGENKNECHT AND DIANE DILLON.
THE
MEETING WAS CALLED TO ORDER BY CHAIR LUCE AT 9:04 A.M.
2. Pledge of Allegiance.
HERBERT
FORD LED THE SALUTE TO THE FLAG.
3. Presentations
and Commendations.
NONE
4. Public Comment.
HERBERT FORD, ANGWIN COMMUNITY
COUNCIL, SPOKE REGARDING THE ANGWIN COMMUNITY VOLUNTEER AMBULANCE SERVICE,
STATING ANGWIN IS CURRENTLY SOLICITING FUNDING FOR CONTINUATION OF THE
SERVICES.
MR. FORD SPOKE REGARDING HIS CONCERNS OF THE COSTS OF PROVIDING AMBULANCE SERVICES, INCLUDING THE POTENTIAL OF PROVIDING SERVICES TO THE LAKE BERRYESSA AREA DURING THE SUMMER.
MR. FORD STATED THAT ANGWIN’S
AMBULANCE SERVICE WILL BE THE FIRST IN THE COUNTY TO HAVE AN AUTO-PULSE DEVICE
ON-BOARD, WHICH WILL ASSIST IN SAVING THE LIVES OF HEART ATTACK VICTIMS. MR. FORD THANKED THE BOARD FOR THEIR
CONTINUED SUPPORT OF THE ANGWIN VOLUNTEER AMBULANCE SERVICE.
5. Department Directors’ Reports and Announcements.
NONE
6A. Director of Health and Human
Services requests approval of and authorization for the Chair to sign Amendment
No. 1 to Agreement No. 6012 with Carol Nagle, LCSW, increasing the amount by
$2,500 for a new maximum of $5,000 to provide counseling services in the
Children’s Behavioral Health and Child Welfare Services Programs. A-6012
(AMEND.
1)
6B. Director of Health and Human
Services requests approval of bylaws for the Napa County Child Care Planning
Council, effective February 10, 2004.
(Bylaws on file with the Clerk of the Board)
6C. Agricultural
Commissioner/Sealer requests approval of and authorization for the Chair to
sign Amendment No. 1 to Agreement No. 4760 with the California Department of
Food and Agriculture (CDFA) reimbursing County costs not to exceed $43,406
associated with sudden oak death inspection services for the term July 1, 2003
through June 30, 2004. A-4760
(AMEND.
1)
6D. Director of Conservation,
Development and Planning requests approval of and authorization for the Chair
to sign Amendment No. 1 to Agreement No. 4938 with Keyser-Marston Associates,
Inc. for the revised Montalcino at Napa Valley project Environmental Impact
Report increasing the amount by $20,000 for a new maximum of $44,000 and for
attendance at public hearings. A-4938
(AMEND.
1)
6E. Library
Director requests adoption of revisions to the Library’s “Collection
Development Policy.” (Policy on file
with the Clerk of the Board)
6F. Director
of Public Works requests:
1) Award of the contract for the “Minor
Modifications at the Napa City/County Library and the Corrections Facility Project,”
PW 03-02-R, to Ron Vann Construction of Windsor, California, for their low bid
of $136,680 and authorization for the Chair to sign
the construction contract; and
2) Approval of Budget Transfer No. 42
appropriating $34,500 with $27,500 of offsetting revenues from the State
Corrections Alien Assistance Program (SCAAP) and $7,000 of unspent
appropriations, to cover additional scope of services.
(4/5 vote required) BT-42
6G. County Counsel requests approval of
and authorization for the Chair to sign the Erosion Control Plan Maintenance
and Escrow Agreement with the Terry Allan Pringle and Juli N. Pringle Revocable
1988 Trust (ECP 99117). (Assessor’s
Parcel No. 018-200-026) A-6242
6H. Human Resources Director requests adoption of a resolution
amending the Departmental Allocation List for the Behavioral Health
Division of the Health and Human Services Agency with regards to adding one (1)
Mental Health Counselor Licensed and one (1) .75 Psychiatric Nurse and deleting
one (1) .75 Mental Health Worker II and one (1) Psychiatric Nurse position,
with no net increase in the total number of positions, effective February 14, 2004. (Details on file with the Clerk of the
Board) R-04-17
6I. Human Resources Director requests
adoption of a resolution amending the Departmental Allocation List for the Behavioral Health Division of the Health and
Human Services Agency with regards to increasing the percentage of time worked
for a Forensic Mental Health Counselor position, effective February 14,
2004. (Details on file with the Clerk
of the Board)
R-04-16
6J. Human
Resources Director requests adoption of a resolution amending the Departmental
Allocation List for the Health and Human Services Agency and its divisions with
regards to deletion of vacant defunded positions, effective February 14,
2004. (Details on file with the Clerk
of the Board) R-04-15
6K. Human Resources Director requests adoption
of a resolution regarding an application for a
non-industrial disability retirement with the Public Employee’s Retirement
System (PERS) for a Senior Deputy Sheriff II, effective July 3, 2003. R-04-11
6L. Human Resources Director requests adoption of a resolution
amending the Departmental Allocation List with regards to the following Limited
Term positions in the Health and Human Services Agency: (Details on file with
the Clerk of the Board)
1) Remove the expiration date of two (2) positions associated with the Village Project/Wraparound Services Pilot Program (SB 163) in Children's Behavioral Health; and
2) Extend the expiration date to December 31, 2004 for three (3) positions associated with AB 2034 - a program providing Mental Health Services to the Homeless.
R-04-12
SUBSEQUENT TO THE APPROVAL OF THE
CONSENT CALENDAR AND AT THE CLOSE OF ITEM 8B, THE BOARD APPROVED
RECONSIDERATION OF THIS ITEM TO CORRECT THE EXPIRATION DATE. BW-MR-BD-DD-ML
THE
BOARD ADOPTED THE RESOLUTION, ExtendING the expiration date to
June 30, 2005
(RATHER THAN DECEMBER 31, 2004).
BW-BD-MR-DD-ML
6M. Human Resources Director requests the following actions regarding an agreement between the County and County Personnel Administrators Association of California (CPAAC) and TALX UC Express to provide for third-party unemployment insurance administration services:
1) Approval of and authorization for the Chair to sign an agreement for a maximum amount of $3,000 for the term from May 1, 2002 through April 30, 2005; and
A-3766
6M. Continued
2) Authorization for the Benefit Administrator to execute the power of attorney on behalf of the County.
6N. Regional Coordinator requests approval of and authorization for the Chair to sign Amendment
No. 2 to Agreement No. 4925 with Marin County Human Services Department increasing the amount by $37,250 for a new maximum of $750,499 for the term October 1, 2003 through
September 30, 2004 to provide services
to help people with disabilities obtain and retain employment. A-4925
(AMEND.
2)
6O. County
Executive Officer requests approval of and authorization for the Chair to sign
Amendment No. 4 to Agreement No. 2599 re-appointing Robert Westmeyer to a four
year term as the Napa County Counsel as authorized by California Government
Code Sections 27640-27648, for the term February 7, 2004 through February 5,
2008. A-2599
(AMEND.
4)
6P. County Executive Officer
requests the approval of Budget Transfer No. 43 establishing an appropriation
in the Capital Improvement Program budget for the possible purchase of a
building, with offsetting revenue from the cancellation of a Designation
(Soscol Building) in the amount of $2,557,591.
(4/5 vote required)
ITEM HELD FOR DISCUSSION
A MOTION TO APPROVE THIS ITEM FAILED
BY THE FOLLOWING ROLL CALL VOTE:
BD-BW-MR-DD-ML
N N
6Q. County Executive Officer requests the approval of Budget Transfer No. 43, increasing appropriations in the Capital Improvement Program budget for the Future Parking Facility referred to in the (Regional Housing Needs Determination) MOU between the County and the City of Napa, with offsetting revenues from the cancellation of a Designation (Capital Infrastructure) in the amount of $1,000,000 and a transfer of $30,000 from the Central Services budget.
(4/5 vote required) BT-43
6R. Approve minutes of Board of Supervisors’ meeting of January 27, 2004.
7. Discussion of items removed from the Consent Calendar.
SEE ITEM
6P.
APPROVED CONSENT CALENDAR ITEMS
6A THROUGH 6Q, WITH THE EXCEPTION OF ITEM 6P, AS NOTATED ABOVE.
BD-DD-MR-BW-ML
8A. 9:15 A.M. Napa County Mental Health Board to present Annual Report.
REPORT PRESENTED
8B. 9:45
A.M. PUBLIC HEARING Director of Environmental Management
requests adoption of a resolution establishing and increasing fees for services
provided by the Environmental Management Department.
PUBLIC HEARING HELD – NO
TESTIMONY PRESENTED
ADOPTED
RESOLUTION BD-BW-MR-DD-ML R-04-13
8C. 10:00
A.M. Barry
Martin of the Napa Transportation Management Plan Outreach Program to present
an update on various highway construction and transportation projects including
Trancas/29, Maxwell Bridge, Soscol Bridge, and impending start of First Street
bridge over Napa Creek and Bypass.
UPDATE PRESENTED
8D. 10:30 A.M. County Executive Officer and Presiding Judge of the Superior
Court request adoption of and authorization for the Chair to sign a Resolution and supporting documents to grant a designated
period for two years additional service credit for retirement purposes to
eligible Superior Court employees only, at no cost to the County, during the
period March 1, 2004 through August 31, 2004.
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)]
ADOPTED
RESOLUTION BW-MR-BD-DD-ML R-04-14
8E. 1:30 P.M. PUBLIC HEARING Consideration and possible action regarding an appeal filed by HCV Napa Associates to a decision by the Conservation, Development and Planning Commission on December 17, 2003 to deny the Montalcino at Napa Valley Use Permit No. 98177 to construct a 408,184 square foot resort hotel and conference facility including: 1) 379 rooms consisting of 358 guest rooms and 21 villa suites; 2) a 52,380 square foot conference facility with a maximum occupancy of 1,000 attendees; 3) two restaurants, a bar, and a deli with a combined seating capacity of 450; 4) a 5,682 square foot special events building; 5) a 15,287 square foot spa and
fitness facility; 6) one outdoor swimming pool; 7) four outdoor tennis courts; 8) 1,045 parking spaces; and, 9) widening of Devlin Road to four lanes between Soscol Ferry Road to the southeastern corner of the project site for a distance of approximately 5,800 feet. The project site is on 71.77 acres located west of Devlin Road approximately 1,950 feet north of the intersection of Devlin Road and Airport Boulevard within the IP:AC (Industrial Park: Airport Compatibility Combination) Zoning District. (Assessor’s Parcel Nos: 057-020-006, 057-020-017, 057-020-018, 057-020-020, & 057-210-002)
ENVIRONMENTAL DETERMINATION: Revised Final Environmental Impact Report prepared.
PUBLIC
HEARING OPENED – TESTIMONY PRESENTED
THE BOARD APPROVED HEARING OF THE APPEAL BY THE
FOLLOWING ROLL CALL VOTE: BD-ML-MR-BW-DD
N N
THE BOARD APPROVED HEARING THE APPEAL BASED ON THE
RECORD BY THE FOLLOWING ROLL CALL VOTE:
BD-ML-MR-BW-DD
SUPERVISOR RIPPEY’S MOTION TO ALLOW ADDITIONAL
TESTIMONY ON AIR QUALITY, ROAD DOLLAR CONTRIBUTIONS AND FIRE, AND TO INCLUDE
ANY WRITTEN DOCUMENTS RECEIVED SINCE THE PLANNING COMMISSION HEARING TO DATE AS
PART OF THE RECORD, WAS AMENDED TO INCLUDE ADDITIONAL TESTIMONY ON OVERRIDING
CONSIDERATIONS. MR-BD-BW-DD-ML
THE BOARD GRANTED THE APPEAL BY THE FOLLOWING ROLL
CALL VOTE:
BD-DD-MR-BW-ML
N
THE BOARD TENTATIVELY APPROVED CERTIFICATION OF
THE ENVIRONMENTAL IMPACT REPORT (EIR) BY THE FOLLOWING ROLL CALL VOTE:
BD-ML-MR-BW-DD
N N
THE BOARD TENTATIVELY APPROVED ADOPTION OF A
MITIGATION MONITORING PROGRAM BY TO INCLUDE THOSE MITIGATION MEASURES SET FORTH
IN THE EIR BY THE FOLLOWING ROLL CALL VOTE:
BD-ML-MR-BW-DD
N N
THE BOARD TENTATIVELY APPROVED ADOPTION OF A
STATEMENT OF OVERRIDING CONSIDERATIONS BY THE FOLLOWING ROLL CALL VOTE:
BD-ML-MR-BW-DD
N N
THE BOARD TENTATIVELY GRANTED APPROVAL OF THE USE
PERMIT, PENDING REVIEW OF THE CONDITIONS OF APPROVAL ON MARCH 9, 2004, BY THE
FOLLOWING ROLL CALL VOTE:
BD-ML-MR-BW-DD
N N
FOR THE PURPOSE OF REVIEW OF THE CONDITIONS OF
APPROVAL, THE BOARD APPROVED CONTINUANCE OF THE PUBLIC HEARING TO A SPECIAL
MEETING TO BE HELD AT 8:00 A.M. ON MARCH 9, 2004. BD-MR-BW-DD-ML
9. Administrative
Items.
NONE
10. Legislative Items.
11. Board of Supervisors’ Committee Reports and Announcements.
12. Board of Supervisors’ Future Agenda Items.
SUPERVISOR DILLON REQUESTED STAFF
PREPARE ADDITIONAL INFORMATION ON ITEM 6P FROM TODAY’S AGENDA AND BRING BACK
BEFORE THE BOARD AS SOON AS POSSIBLE.
THE REPORT SHOULD INCLUDE INFORMATION REGARDING OPERATING VERSUS CAPITAL
BUDGET, THE SHORT AND LONG TERM EFFECTS OF BORROWING FROM ONE TO USE IN THE
OTHER, THE BENEFITS OF THE PURCHASE OF THE BUILDING VERSUS RENTING, AND A
DISCUSSION REGARDING EXPENDITURE OF CAPITAL DOLLARS.
SUPERVISOR DILLON REQUESTED BUDGET STUDY SESSIONS OCCUR PRIOR TO THE MAY-JUNE TIMEFRAME.
13. County Executive Officer Reports and Announcements.
NONE
14. Closed Session.
A. 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
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code
Section 54956.8)
Property: 2000 Airport Road, Napa
Agency Negotiator: Michael Stoltz, County Executive Office
Negotiating Parties: JALUX Americas, Inc.
Under Negotiation: Terms of renewal/renegotiation of lease
CLOSED
SESSION NOT HELD
C. CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code Section
54956.9 (a))
Names of cases:
1) Jorge Deharo, Hector Olvera, Latinos Unidos de Napa, an
Unincorporated
Association v. County of Napa
et. al. (Case No. 26-22255)
2) University of California Students Association et. al. v.
Governor
Arnold Schwarzenegger et. al.
CLOSED
SESSIONS HELD – NO REPORTABLE ACTION
Adjournment.
ADJOURNED TO BOARD
OF SUPERVISORS’ REGULAR MEETING, TUESDAY,
FEBRUARY 24, 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