MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

 

October 21, 2003

 

1.         Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, OCTOBER 21, 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.

DANDA WINDFORD, DIRECTOR OF CATHOLIC CHARITIES, LED THE SALUTE TO THE FLAG.

 

 

3.         Presentations and Commendations.

NONE

 

 

4.         Public Comment.

CANDACE ELIZA SPOKE REGARDING THE DISABLED HOMELESS POPULATION AND REQUESTED HOUSING FOR THEM. 

 

HERBERT FORD SPOKE REGARDING THE POPE VALLEY TURKEY SHOOT HELD ON OCTOBER 19, 2003, STATING THE PROCEEDS WERE DONATED TO THE POPE VALLEY NON-PROFIT FIRE DEPARTMENT.

 

 

5.         Department Directors’ Reports and Announcements.

            NONE

 

 

Consent Items

 

 

6A.      Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4065 with Buckelew Programs for a maximum of $305,556 for the term July 1, 2003 through June 30, 2004 to provide housing alternatives for mentally ill clients.                                                                                                                                  A-4065

 

 

6B.       Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 3 to Agreement No. 3820, a Memorandum of Understanding with the California Department of Health Services for the provision of AIDS education and prevention services.                                                                                                                        A-3820

                                                                                                                                                (AMEND. 3)

 

6C.      Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4934 with Bill Ruhs, MFT, increasing the amount by $6,000 for a new maximum of $8,750 to provide counseling services in the Children’s Behavioral Health and Child Welfare Services Programs.                                                            A-4934

                                                                                                                                                (AMEND. 1)

 

 

6D.      Director of Health and Human Services requests approval of and authorization for the Chair to sign an agreement with Randy Snowden for a maximum of $15,000 for the term

October 1, 2003 through June 30, 2004 to provide consultation services regarding a residential stabilization center.                                                                                                         A-6154

 

 

6E.       Director of Health and Human Services requests approval of the following actions regarding housing services for the homeless:

 

1)         Shelter services:

                  a)         Authorization for the Chair to sign the renewal of Agreement No. 2556 with Community Action of Napa Valley, Inc. for a maximum of $170,614 for the term July 1, 2003 through June 30, 2004 for the Samaritan and Sullivan Shelters;

                                                                                                                                          A-2556

 

b)         Authorization for the Chair to sign an agreement with Community Action of Napa Valley, Inc. for a maximum of $82,908 for the term November 1, 2003 through June 30, 2004 for the Winter Shelter; and                                           A-6155

 

                  c)         Budget Transfer No. 20 transferring $72,727 from Appropriations for Contingencies to the Social Services budget (4/5 vote required).      BT-20

 

            2)         New shelter construction:

a)         Adoption of a resolution designating the Chair as the person authorized to sign a loan agreement with the Department of Housing and Community Development; and                                                                                                         R-03-184

 

b)         Authorization for the Chair to sign an agreement with the Department of Housing and Community Development for a $500,000 loan to develop and build a new South Market Shelter.                                                                                A-6152

HELD FOR DISCUSSION

 

APPROVED REQUESTS    

BD-MR-ML-DD-BW

           


 

6E.       Continued

 

3)         Transitional housing:

a)         Authorization for the Chair to sign an agreement with Catholic Charities, Inc. for a maximum of $59,082 for the term July 1, 2003 through June 30, 2004 for transitional housing; and                                                                        A-6156

HELD FOR DISCUSSION

 
APPROVED REQUEST       BD-MR-ML-DD-BW

 

b)         Budget Transfer No. 21 increasing appropriations by $59,082 with offsetting revenue from CalWORKS incentive funds in the Social Services budget.

                                                                                                BT-21

           

 

6F.       Director of Public Works requests authorization for the Chair to sign a Certificate Granting an Easement Deed to Pacific Gas and Electric (PG&E) for utility services for the Greenwood Ranch Fire Station related to construction of the new Napa County Sheriff Facility.

 

 

6G.      Director of Public Works requests acceptance of the work as complete and authorization for the Chair to sign and Clerk of the Board to file a Notice of Completion with the Clerk/Recorder for Contract No. PW 02-07, “Lewelling Avenue Outfall Project.”

 

 

6H.      County Executive Officer requests approval of and authorization for the Chair to sign an agreement with Community Impact Consulting, Inc., for a maximum amount of $50,000 for the term October 21, 2003 through June 30, 2004 to provide community partnership services.                       A-6157

 

 

6I.        County Executive Officer/Purchasing Agent requests approval of and authorization for the Chair to sign an agreement with Empire Office Solution for an amount not to exceed $25,000 per fiscal year for the term September 23, 2003 through June 30, 2004 to provide systems furniture moving services.                                                                                                                      A-6158

 

 

6J.        Approve minutes of Board of Supervisors’ regular meeting on October 7, 2003, and special joint meeting with Napa City Council on October 7, 2003.

 

 

7.         Discussion of items removed from the Consent Calendar.

SEE ITEM 6E.2a, 2b, and 3a.

 

APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6J, AS NOTATED ABOVE.

                                                            BD-DD-MR-ML-BW

 

 

                       

 

Set Matters - Public Hearings

 

 

8A.      9:15 A.M.  Board of Supervisors meeting as the Board of Directors of the Napa Berryessa Resort Improvement District.

            (SEE NAPA BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)

 

 

8B.       9:30 A.M.  Board of Supervisors meeting as a Board of Equalization.

            (SEE BOARD OF EQUALIZATION MINUTES)

                                                                                                                                                        

 

8C.      10:00 A.M.  Recess to the In-Home Supportive Services Public Authority of Napa County Special Meeting.

            (SEE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY MINUTES)

 

 

8D.      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)

 

 

Administrative Items

 

 

9A.      Director of Conservation, Development and Planning to provide update on County’s code compliance issues and request approval to take implementing steps to bring back the following actions:

 

1)         Create a code compliance unit;

2)         Increase staffing levels;

3)         Implement code compliance tracking system;

4)         Create, adopt and implement code compliance modules;

5)         Initiate enabling amendments to the County code to support the efforts and cost of the code    compliance unit; and

6)         Outsource mitigation monitoring activities and reporting of programmatic activities associated with a specific environmental expertise.

            APPROVED REQUEST                   ML-DD-BD-MR-BW

 

 

9B.       County Counsel requests the following:

 

1)         Receive Certification of sufficient signatures on the initiative known as the "Napa Sea Ranch Improvement Ordinance of 2004" from the Registrar of Voters.

            THE BOARD RECEIVED THE CERTIFICATION

                                                                        DD-MR-BD-ML-BW

 

 

9B.       Continued

 

2)         Take one of the three following actions as required by Elections Code Section 9118:

 

a)       Direct staff to prepare an Ordinance tracking the “Napa Sea Ranch Improvement Ordinance of 2004” without alteration for adoption by the Board on

October 28, 2003; or

 

b)       Adopt a resolution placing the initiative known as the "Napa Sea Ranch Improvement Ordinance of 2004" on the ballot for the March 2, 2004 presidential primary election; or

 

  c)       Order the appropriate department(s) to prepare and present to the Board a report within 30 days, pursuant to Elections Code Section 9111, and identify the contents of the report.

            ENVIRONMENTAL DETERMINATION:  Calling an Election required to be held as a result of the gathering of signatures pursuant to Elections Code Section 9116 or 9118 is not subject to CEQA [Friends of Sierra Madre v. City of Sierra Madre, 25 Cal.4th 165, 189].

THE BOARD ORDERED THE PREPARATION OF A REPORT TO BE PRESENTED AT THE BOARD MEETING SET FOR NOVEMBER 18, 2003 AT 10:00 A.M.

                                                                        DD-MR-BD-ML-BW

 

9C.      County Counsel requests the following:

 

1)         Receive Certification of sufficient signatures on the initiative known as the "Old Pometta’s Deli Preservation Ordinance of 2004" from the Registrar of Voters.

            THE BOARD RECEIVED THE CERTIFICATION

                                                                        DD-MR-BD-ML-BW

 

2)         Take one of the three following actions as required by Elections Code Section 9118:

 

a)         Direct staff to prepare an Ordinance tracking the “Old Pometta’s Deli Preservation Ordinance of 2004” without alteration for adoption by the Board on

October 28, 2003; or

 

b)         Adopt a resolution placing the initiative known as the "Old Pometta’s Deli Preservation Ordinance of 2004" on the ballot for the March 2, 2004 presidential primary election; or

 

c)         Order the appropriate department(s) to prepare and present to the Board a report within 30 days, pursuant to Elections Code Section 9111, and identify the contents of the report.

            ENVIRONMENTAL DETERMINATION:  Calling an Election required to be held as a result of the gathering of signatures pursuant to Elections Code Section 9116 or 9118 is not subject to CEQA [Friends of Sierra Madre v. City of Sierra Madre, 25 Cal.4th 165, 189].

THE BOARD ORDERED THE PREPARATION OF A REPORT TO BE PRESENTED AT THE BOARD MEETING SET FOR NOVEMBER 18, 2003 AT 10:00 A.M.

                                                                        DD-MR-BD-ML-BW

 

9D.      County Counsel requests the following:

 

1)         Receive Certification of sufficient signatures on the initiative known as the "Old Pope Valley Market Preservation Ordinance of 2004" from the Registrar of Voters.

            THE BOARD RECEIVED THE CERTIFICATION

                                                            DD-MR-BD-ML-BW

 

2)         Take one of the three following actions as required by Elections Code Section 9118:

 

a)         Direct staff to prepare an Ordinance tracking the “Old Pope Valley Market Preservation Ordinance of 2004” without alteration for adoption by the Board on October 28, 2003; or

 

b)         Adopt a resolution placing the initiative known as the "Old Pope Valley Market Preservation Ordinance of 2004" on the ballot for the March 2, 2004 presidential primary election; or

 

c)         Order the appropriate department(s) to prepare and present to the Board a report within 30 days, pursuant to Elections Code Section 9111, and identify the contents of the report.

ENVIRONMENTAL DETERMINATION:  Calling an Election required to be held as a result of the gathering of signatures pursuant to Elections Code Section 9116 or 9118 is not subject to CEQA [Friends of Sierra Madre v. City of Sierra Madre, 25 Cal.4th 165, 189].

THE BOARD ORDERED THE PREPARATION OF A REPORT TO BE PRESENTED AT THE BOARD MEETING SET FOR NOVEMBER 18, 2003 AT 10:00 A.M.

                                                                        DD-MR-BD-ML-BW

 

 

10.       Legislative Items.

NONE

 

 

11.       Board of Supervisors’ Committee Reports and Announcements.

            SUPERVISOR LUCE REPORTED THAT ON OCTOBER 17, 2003, HE AND SUPERVISOR RIPPEY PARTICIPATED IN THE SELECTION PROCESS TO HIRE A CONTRACTOR TO PREPARE THE BASELINE DATA REPORT AS PART OF THE PROGRAM ENVIRONMENTAL IMPACT REPORT.

 

            SUPERVISOR DILLON REPORTED THAT SHE ATTENDED THE ANNUAL TURKEY SHOOT IN POPE VALLEY ON OCTOBER 19, 2003, AND COMMENTED THAT EVERYONE SEEMED TO ENJOY THEMSELVES AND THE PROCEEDS WERE FOR A GOOD CAUSE. 

 

            SUPERVISOR DILLON STATED SHE ATTENDED THE 125TH BIRTHDAY CELEBRATION OF ST. HELENA HOSPITAL ON OCTOBER 19, 2003, WHERE SHE PRESENTED A PROCLAMATION ON BEHALF OF THE BOARD OF SUPERVISORS.

 

 

 

            SUPERVISOR DILLON ALSO REPORTED THAT SHE ATTENDED THE HARVEST FESTIVAL IN THE CITY OF ST. HELENA ON OCTOBER 18, 2003 AND HAD A BOOTH AT THE FESTIVAL WHERE SHE DISPLAYED VARIOUS COUNTY MAPS.  SHE STATED THERE WAS SOME INTEREST EXPRESSED BY THE PUBLIC IN PURCHASING SOME OF THE MAPS.

 

            SUPERVISOR WAGENKNECHT REPORTED THAT HE ALSO ATTENDED THE HARVEST FESTIVAL AND PARTICIPATED IN THE SIX-MILE RUN.

 

            SUPERVISOR DODD REPORTED THERE WAS A NAPA COUNTY TRANSPORTATION PLANNING AGENCY (NCTPA) MEETING ON

            OCTOBER 15, 2003, WHERE THE POLL ON TRANSPORTATION SALES TAX WAS DISCUSSED. 

 

            SUPERVISOR RIPPEY ANNOUNCED THE APPROVAL OF THE HOUSING AGREEMENT BETWEEN THE COUNTY AND CITY OF AMERICAN CANYON AT THE JOINT MEETING HELD ON OCTOBER 16, 2003.  HE REPORTED ON OTHER ELEMENTS OF THE AGREEMENT IN ADDITION TO HOUSING SUCH AS: THE DEVELOPMENT OF A RURAL URBAN LIMIT (RUL) LINE IN AMERICAN CANYON; SECURING THE OPEN SPACE GREENBELT AROUND THE CITY OF AMERICAN CANYON; AND THE SHIFT IN SOME OF THE HOUSING NUMBER CREDITS TO THE COUNTY FOR THE SURPLUS OF HOUSING IN THE CITY OF AMERICAN CANYON.

 

            SUPERVISOR RIPPEY ALSO COMMENTED THAT THE UNANIMOUS VOTE BY THE CITY OF AMERICAN CANYON’S CITY COUNCIL WAS HISTORIC IN TERMS OF SUPPORTING THE AGREEMENT AS WELL AS IN THE COMMITMENT OF WORKING TOGETHER COOPERATIVELY WITH THE COUNTY AND THE OTHER CITIES WITHIN THE COUNTY ON FUTURE EFFORTS CONCERNING THE QUALITY OF LIFE, THE ENVIRONMENT, OPEN SPACE AND STATE HOUSING REQUIREMENTS.

 

            SUPERVISOR LUCE REPORTED THAT LAST WEEK HE ATTENDED THE SOLID WASTE ASSOCIATION OF NORTH AMERICA’S WASTECON CONFERENCE IN

            ST. LOUIS, WHICH IS WHY HE WAS UNABLE TO ATTEND THE JOINT MEETING WITH AMERICAN CANYON.  HE THANKED SUPERVISOR RIPPEY FOR CONVEYING SUPPORT ON HIS BEHALF FOR THIS AGREEMENT TO THE CITY OF

            AMERICAN CANYON AND THEIR CITY COUNCIL. 

 

 

12.       Board of Supervisors’ Future Agenda Items.

            NONE

 

 

13.       County Executive Officer Reports and Announcements.

            NONE

 

 

 

14.       Closed Session.

 

A.        CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

 

                        1)         Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9:  (One case)

                        CLOSED SESSION HELD – NO REPORTABLE ACTION

 

                        2)         Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9:  (One case)

                        CLOSED SESSION NOT HELD

 

            B.         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. (Napa County Superior Court Case No. 26-22255)

                       

C.        CONFERENCE WITH REAL PROPERTY NEGOTIATOR 

(Government Code Section 54956.8)

 

Property:                      2000 Airport Road, Napa

Agency Negotiator:       Michael Stoltz, County Executive Office

Negotiating Party:         JALUX Americas, Inc.

Under Negotiation:       Terms of renewal/renegotiation of lease

            CLOSED SESSIONS HELD – NO REPORTABLE ACTION

 

 

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

OCTOBER 28, 2003 AT 9:00 A.M.

 

__________________________________

BRAD WAGENKNECHT, Chairperson

 

 

ATTEST:            __________________________________                                    PAMELA MILLER, Clerk of the Board

 

 

 

KEY

 

Vote:    BW = Brad Wagenknecht; BD = Bill Dodd; MR = Mike Rippey; ML = Mark Luce; DD = Diane Dillon

 

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