MINUTES OF THE
MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF NAPA
February 4, 2003
1. Call to Order; Roll Call.
THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, FEBRUARY 4, 2003, AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRPERSON BRAD WAGENKNECHT, SUPERVISORS BILL DODD, MIKE RIPPEY, MARK LUCE AND DIANE DILLON. THE MEETING WAS CALLED TO ORDER BY CHAIR WAGENKNECHT AT 9:01 A.M.
2. Pledge of Allegiance.
MR. DAVID PENA LED THE SALUTE TO THE FLAG.
3. Public Comment.
NONE
4. Department Heads’ Reports and Announcements.
NONE
Consent Calendar
5. Director of Corrections requests approval of Budget Transfer No. 64 increasing appropriations in the Capital Improvement Program budget by $4,031 with offsetting revenues from the State Criminal Alien Assistance Program Fund for upgrades to the Jail’s security control system.
(4/5 vote required) BT-64
6. District Attorney requests the following actions regarding the purchase of a used Ford Explorer:
A. Waiver of competitive bidding requirements and authorization to make a sole source award to Ford of Sebastopol for the total amount of $24,500; and
B. Approval of Budget Transfer No. 67 in the amount of $16,000 increasing appropriations in the Equipment Pool with offsetting revenue from the Asset Forfeiture Trust Account.
(4/5 vote required) BT-67
7. Auditor-Controller requests the Board accept and instruct the Clerk of the Board to file the Audit Report for the Napa County Treasurer-Tax Collector - Central Collections Revolving Fund, for the fiscal year ended June 30, 2002. (Report on file with Clerk of the Board)
8. Auditor-Controller requests the Board accept and instruct the Clerk of the Board to file the Audit Report for the Probation Department - Revolving Drug Court Fund, for the fiscal year ended
June 30, 2002. (Report on file with Clerk of the Board.)
9. Director of Health and Human Services requests approval of and authorization for the Chair to sign renewals of the following agreements with the Napa County Office of Education for the term January 1, 2003 through December 31, 2003:
A. Agreement No. 4440 for a maximum of $15,998 to provide Touchpoints Trainings; and
A-4440
B. Agreement No. 4444 for a maximum of $65,480 to provide a Special Education/Early Childhood Instructor for the Therapeutic Child Care Center. A-4444
10. Director of Health and Human Services requests approval of and authorization for the Chair to sign an agreement with Napa Valley College for the term September 17, 2002 through
July 31, 2003 for a maximum of $600 per student per semester to provide stipends for fieldwork performed at the Health and Human Services Agency. A-4917
11. Director of Conservation, Development and Planning requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4670 with Jones and Stokes increasing the amount by $9,000 for a new maximum of $137,420 to revise the County’s Conservation Regulations.
SUPERVISOR LUCE VOTED NO ON THIS ITEM. A-4670
(AMEND. 1)
12. Director of Conservation, Development and Planning requests approval of Budget Transfer No. 66 appropriating $260,251 in the Conservation, Development and Planning Department budget for erosion control plan and telecommunication application contracts funded by project applicants. (4/5 vote required) BT-66
13. Director of Public Works requests designation of Flintco Inc. as the lowest responsive and responsible bidder, at $11,949,000, for the “Napa County Juvenile Justice Center Project,”
PW 02-17, with the intent to formally award said Project to Flintco Inc. on March 18, 2003 subject to successful completion of the County’s funding plan for the Project.
14. Director of Public Works requests the following:
A. Approval of and authorization for the Chair to sign an agreement with Quincy Engineering for a maximum of $277,363 for the term January 28, 2003 through January 1, 2005 for the civil engineering and environmental consulting services for the Devlin Road Extension (North) Project; and A-4918
B. Approval of Budget Transfer No. 59 transferring $390,000 from the Devlin Road South Project to the Devlin Road North Project in the Capital Improvement Budget.
(4/5 vote required) BT-59
15. Human Resources Director requests adoption of a resolution with regard to the following, effective February 4, 2003:
A. Amend the Departmental Allocation List and Table and Index for the Public Works Department; and
B. Approve new class specification for Stormwater Program Specialist. (Details on file with the Clerk of the Board)
R-03-18
16. Information Technology Services Director requests authorization for out of state travel for
Rod Getsy, Information Services Manager II and Kiran Suvarna, Senior Information Systems Specialist, to attend the Novell BrainShare 2003 Conference in Salt Lake City, Utah, from
April 13-18, 2003, at an estimated total cost of $5,900.
17. Acting County Executive Officer requests authorization for out of state travel for Supervisors Wagenknecht and Dillon to attend the Health Care Compliance Association’s HIPAA/Compliance Conference in New Orleans, Louisiana, from April 26 to May 1, 2003, at an estimated total cost of $5,650.
18. Acting County Executive Officer requests adoption of a resolution amending the Bylaws of the Napa County Tobacco Advisory Board to include a new mission statement. R-03-19
19. Acting County Executive Officer requests adoption of a resolution approving the State-Local Partnership Program application for 2003-2004 and authorizing the Arts Council of the Napa Valley to execute the financial assistance contract with the California Arts Council.
R-03-20
20. Acting County Executive Officer requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4201 with the California Human Development Corporation and the Superior Court of California, County of Napa, increasing the amount by $150,000 for a new maximum of $200,000 and extending the term through April 30, 2003 to provide a criminal justice diversion program. A-4201
(AMEND. 1)
21. Acting County Executive Officer requests approval of and authorization for the Chair to sign an agreement with Watry Design, Inc. for a maximum of $20,000 for the term February 4, 2003 through June 30, 2003 to provide preliminary design and cost estimating work for a prospective parking structure on County property. A-4919
22. Acting County Executive Officer requests approval of and authorization for the Chair to sign the following agreements for the term October 1, 2002 through September 30, 2003:
A. Agreement with the Bay Area Partnership for a maximum of $2,800 for operations support for after school programs for youth; and A-4920
B. Agreement with Legal Aid of the North Bay, dba Legal Aid of Napa for a maximum of $19,740 to provide legal services to seniors focusing on elder abuse and health care access.
A-4921
23. Acting County Executive Officer requests the following actions regarding employee compensation and benefit programs:
A. Approval of and authorization for the Chair to sign an agreement with AON Consulting and Insurance Services for a maximum of $17,500 for the term February 4, 2003 through
June 30, 2003 to provide consulting services; and A-4922
B. Approval of Budget Transfer No. 68 increasing the appropriations in the County Executive Office by $17,500 with offsetting revenue from Retained Earnings. (4/5 vote required)
BT-68
24. Acting County Executive Officer requests adoption of a resolution designating certain emergency interim successors for each member of the Board of Supervisors pursuant to Napa County Code Section 2.04.080. R-03-21
25. Acting County Executive Officer/Director of Emergency Services requests adoption of a resolution extending the Proclamation of Local Emergency declared on December 16, 2002.
R-03-22
26. Approve minutes of Board of Supervisors’ Special Meeting of December 3 and Regular Meetings of December 3, December 10 and December 12, 2002.
SUPERVISOR DILLON ABSTAINED FROM THIS ITEM.
27. Discussion of Items Removed from the Consent Calendar.
NONE
APPROVED CONSENT CALENDAR NUMBERS 5 THROUGH 27.
BD-MR-ML-DD-BW
Set Matters
28. 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 MINUTES)
29. 9:20 A.M. Acting County Executive Officer to discuss and request adoption of resolution approving, authorizing and directing execution of certain documents in connection with the County of Napa 2003 Certificates of Participation (Capital Projects and Refunding). (Documents on file with the Clerk of the Board)
ADOPTED RESOLUTION MR-ML-BD-DD-BW R-03-23
30. 9:30 A.M. The Board of Supervisors sitting as the Board of Directors of the Napa County Public Improvement Corporation.
(SEE NAPA COUNTY PUBLIC IMPROVEMENT CORPORATION MINUTES)
31. 9:45 A.M. Director of Conservation, Development and Planning (CDP) to update the Board on Napa County Watershed programs and activities and request the following actions:
A. Approval of Budget Transfer No. 65 appropriating $199,788 from the Contingency Fund to the CDP budget. (4/5 vote required)
B. Approval of and authorization for the Chair to sign Amendment No. 2 to Agreement
No. 4670 with Jones and Stokes increasing the amount by $199,788 for a new maximum of $337,208 to implement the following Napa River Watershed Task Force (NRWTF) Phase II recommendations:
i) Conservation Regulations Update – completion of comprehensive re-write
= $84,031
ii) Oak Preservation Ordinance – development of ordinance = 56,380
iii) Watershed Fees and Incentives – development of program = $59,377
C. Board direction on NRWTF Oversight Committee (NRWTFOC) appointments as follows:
i) Direct staff to seek candidates for the vacant positions, on the NRWTFOC, including Planning Commission representative, and bring back for Board consideration and appointment; and
ii) Consider expanding the NRWTFOC to include a residential property owner representative and such other additional interest/community group representatives, as the Board deems necessary.
(CONTINUED FROM JANUARY 21, 2003; STAFF REQUESTS CONTINUANCE
TO APRIL 8, 2003 AT 10:00 A.M.)
THE BOARD CONTINUED THIS ITEM TO APRIL 8, 2003 AT 10:00 A.M.
ML-DD-MR-BD-BW
32. 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)
Regular Calendar
33. Discussion and possible action regarding Napa County representation on the Regional Airport Planning Committee and nomination of a Napa elected official.
THE BOARD APPROVED SUPERVISOR RIPPEY AS THE BOARDS’ NOMINATION TO THE COMMITTEE. BD-DD-ML-MR-BW
34. Director of Conservation, Development and Planning requests discussion and possible action directing staff to retain an engineering firm for the purpose of reviewing the proposed engineering solutions regarding erosion related to Friesen Lakes.
THE BOARD APPROVED AUTHORIZATION FOR STAFF TO HIRE AN INDEPENDENT ENGINEER TO REVIEW THE PROPERTY OWNER’S HIRED ENGINEER’S SOLUTION AND PROVIDE RECOMMENDATION TO THE BOARD ON THE VALIDITY OF THE PROPOSED SOLUTION.
MR-DD-ML-BD-BW
35. Discussion and possible action directing staff to:
A. Revise existing County regulations to require notice to Public and Private Water Agencies of development applications that have the potential to adversely affect their reservoirs;
B. Revise existing County regulations to establish a process for independent review of proposed revisions to Erosion Control Plans (ECP) in cases where the ECP has failed, or is in imminent danger of failing;
C. Revise existing County regulations to require physical inspections of development projects subject to an ECP annually for three years to determine whether the ECP has is functioning properly, has failed, or is in imminent danger of failing; and
D. Revise existing County regulations to require the holder of an ECP to notify the County within 24 hours of the fact that ECP has failed, or is in imminent danger of failing.
(Supervisor Dillon)
SUPERVISOR RIPPEY REQUESTED THE DIRECTOR BE GRANTED AUTHORITY TO ORDER AN IMMEDIATE REMEDIATION OF AN ECP FAILURE.
SUPERVISOR DODD REQUESTED ONGOING SITE INSPECTIONS, FOR WHICH STAFF RESPONDED COULD BE INCLUDED IN RECOMMENDATIONS FOR THE ENVIRONMENTAL REVIEW.
SUPERVISOR DODD REQUESTED THE BOARD RECEIVE COPIES OF THE WINTERIZATION REPORT.
APPROVED REQUEST, AS AMENDED.
DD-BD-MR-ML-BW
36. Discussion and possible action regarding legislation.
SUPERVISOR RIPPEY REPORTED THAT ON JANUARY 6, 2003, THE SENATE PASSED AN AMENDED VERSION OF THE HOUSE’S VEHICLE LICENSE FEE RECOVERY ACT, AND INQUIRED AS TO WHETHER OR NOT THE BOARD WOULD BE INTERESTED IN SENDING A LETTER TO THE RELEVANT LEGISLATORS AND THE GOVERNOR REQUESTING THE GOVERNOR’S SIGNATURE ON THE ACT.
THE BOARD CONCURRED.
37. Board of Supervisors’ Committee Reports and Announcements.
NONE
38. Board of Supervisors’ Future Agenda Items.
SUPERVISOR LUCE REQUESTED SCHEDULING A PRESENTATION BY THE DIRECTOR OF THE NAPA COUNTY TRANSPORTATION PLANNING AGENCY (NCTPA) IN REGARD TO FUNDS CONSTITUTIONALLY PROTECTED FOR ROAD USE, FOR WHICH THE GOVERNOR HAS BORROWED AGAINST AND IS NOW REQUESTING FORGIVENESS OF THESE LOANS.
CHAIR WAGENKNECHT REQUESTED A SUSPENSE CALENDAR BE PROVIDED TO THE BOARD SO THAT THE BOARD MAY TRACK FUTURE AGENDA ITEMS THEY HAVE REQUESTED.
39. Closed Session:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956.9(b):
(Two cases)
CLOSED SESSION HELD – NO REPORTABLE ACTION.
B. CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section
54957.6):
Agency negotiator: Charla Freckmann, Personnel Director
Unrepresented employees: Non-Classified, Management and Confidential
Employees (Excluding Elected Officials)
CLOSED SESSION HELD – NO REPORTABLE ACTION.
Adjournment.
ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, FEBRUARY 18, 2003 AT 9:00 A.M.
___________________________________________________
BRAD WAGENKNECHT, Chairperson
ATTEST: ___________________________________________
MICHELLE PRICE, Deputy Clerk of the Board
KEY
Vote: BW = Brad Wagenknecht; BD = Bill Dodd; MR = Mike Rippey; ML = Mark Luce;
DD = Diane Dillon
Notations under Vote: N = No; X = Excused; A = Abstain