MINUTES OF THE
MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF NAPA
April 27, 2004
1. Call to Order; Roll Call.
THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION ON TUESDAY, APRIL 27, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRPERSON MARK LUCE, SUPERVISORS BILL DODD, MIKE RIPPEY AND BRAD WAGENKNECHT. SUPERVISOR DIANE DILLON WAS EXCUSED. THE MEETING WAS CALLED TO ORDER BY CHAIR LUCE AT 9:00 A.M.
2. Pledge of Allegiance.
KATHLEEN HARRISON LED THE SALUTE TO THE FLAG.
Presentations and Commendations
3A. Presentation of a proclamation to Dave Whitmer, Agricultural Commissioner, proclaiming
May 2004 as Glassy-winged Sharpshooter Awareness Month.
4. Public Comment.
RICHARD DEE SPOKE REGARDING THE CRESTWOOD CENTER IN ANGWIN,
AND STATED HE BELIEVES THERE ARE HEALTH AND SAFETY ISSUES AT THIS FACILITY. HE REQUESTED THIS BE PLACED ON A FUTURE AGENDA FOR DISCUSSION.
CHAIR LUCE RESPONDED THE ISSUE WOULD BE REFERRED TO STAFF FOR INVESTIGATION FOR ADHERENCE TO COUNTY CODE.
PATRICK LYNCH, ASSISTANT DIRECTOR OF THE CONSERVATION, DEVELOPMENT AND PLANNING DEPARTMENT, RESPONDED HIS DEPARTMENT WILL SCHEDULE THIS ITEM FOR A FUTURE PLANNING COMMISSION MEETING FOR USE PERMIT REVIEW.
5. Department Directors’ Reports and Announcements.
6A. Director of Health and Human Services requests adoption of a resolution approving the
Substance Abuse and Crime Prevention Act of 2000 County Plan and Funding Request for
Fiscal Year 2004-2005.
REMOVED FROM AGENDA
6B. Director of Conservation, Development and Planning requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 4713 with Wyntress Chatman Balcher, increasing the hourly rate from $50.00 per hour to $85.00 per hour. A-4713
6C. Director of Conservation, Development and Planning requests approval of and authorization for the Chair to sign Amendment No. 3 to Agreement No. 4797 with EDAW increasing the amount by $30,988 for a new maximum of $316,206 in preparation of CEQA documents for the Soscol Springs Vineyard Project, Erosion Control Application 99-323. A-4797
6D. Director of Conservation, Development and Planning requests approval of Budget Transfer No. 62 appropriating $1,000,000 in the Conservation, Development and Planning Department budget with offsetting revenue from the cancellation of a designation for the General Plan Baseline Data Report. (4/5 vote required) BT-62
6E. Director of Conservation, Development and Planning requests approval of Budget Transfer No. 63 appropriating $323,425 in the Conservation, Development and Planning budget with offsetting revenue from the cancellation of a designation for Vineyard Development Projects.
(4/5 vote required) BT-63
6F. Director of Public Works requests approval of Budget Transfer No. 60 appropriating $2,000,000 in the Road Department budget with $275,000 in offsetting revenue from Caltrans for continuing work on Howell Mt. Road and Silverado Trail overlays, and $1,725,000 from available Road Fund Balance, for ongoing work expected to be completed through the end of the Fiscal Year.
(4/5 vote required) BT-60
6G. Director of Public Works requests adoption of a resolution temporarily closing a portion of Berryessa-Knoxville Road from 8:00 A.M. to 11:00 A.M. on Saturday, May 15, 2004 for the
Sixth Annual Napa Valley Triathlon. R-04-52
6H. Auditor-Controller requests the Board accept and instruct the Clerk of the Board to file the Audit Report and Monitoring Reports for:
1) County of Napa - Department of Environmental Management - For the Fiscal Year Ended June 30, 2002.
Monitoring Reports - Fiscal Monitoring - Regional Training Employment - Performed on expenditures incurred from October 1, 2002 to June 30, 2003 for the following agreements and corresponding grants:
2) County of Solano - INCLUSION and Youth with Disabilities Program - Agreement No. 4951.
3) County of Solano - Nurses Workforce Initiative Program - Agreement No. 4952.
4) County of Napa - INCLUSION and Youth with Disabilities Program - Memorandum of Understanding.
5) County of Napa - Nurses Workforce Initiative Program - Memorandum of Understanding.
6) County of Marin - INCLUSION and Youth with Disabilities Program - Agreement No. 4940.
7) County of Marin - Nurses Workforce Initiative Program - Agreement No. 4930.
6I. County Counsel requests that the Board of Supervisors call a special meeting of the Board of Supervisors, pursuant to Government Code Section 54956, to be held Tuesday, May 4, 2004, commencing at 8:00 A.M., at the County Administration Building, 1195 Third Street, Suite 305, Napa, California, for the sole purpose of conducting the following closed session:
PUBLIC EMPLOYEE APPOINTMENT (Government Code Section 54957)
Title: County Executive Officer.
6J. Human Resources Director requests adoption of a resolution amending the Departmental Allocation list for the Environmental Management Department with regards to deleting a
0.8 Environmental Health Technician and adding one (1) Environmental Health Technician, effective April 27, 2004. R-04-53
6K. Information Technology Services Director requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 6090 with CherryRoad Technologies, increasing the amount by $25,000 for a new maximum of $401,000, and amending the scope of work to include consulting services in relation to the PeopleSoft 8.4 Financials upgrade. A-6090
6L. County Executive Officer requests approval of Budget Transfer No. 59 transferring $92,154 from Appropriations for Contingencies to the Central Services budget for services related to the preparation of a Request for Proposal for the collection of solid waste and recyclables in Garbage Zone One of Napa County. (4/5 vote required) BT-59
6M. County Executive Officer requests approval of the following updates to the County of Napa Illness and Injury Prevention Program (IIPP):
1) Hearing Conservation Program (September 2003); and
2) Ergonomics Program (December 2003).
6N. County Executive Officer and Clerk of the Board of Supervisors request transfer of unclaimed monies totaling $27,505 currently held in Clerk of the Board Tax Deposit Trust Funds to the General Fund.
6O. Approve minutes of Board of Supervisors’ special meetings held April 13, April 12, April 7 and April 6, and regular meeting held April 6, 2004.
7. Discussion of items removed from the Consent Calendar.
APPROVED CONSENT CALENDAR ITEMS 6B THROUGH 6O, AS NOTATED ABOVE.
8A. 9:15 A.M. County Counsel requests that the Board consider and adopt a resolution of Decision on Appeal and Findings of Fact denying the appeal filed by Reginald B. Oliver to the decision by the Napa County Conservation, Development and Planning Department approving John Nichols/Pfau Architecture’s application for Viewshed Permit No. 03339-VIEW.
ADOPTED RESOLUTION BD-BW-MR-DD-ML R-04-54
8B. 9:30 A.M. PUBLIC HEARING First reading and intention to adopt an ordinance amending Napa County Code section 10.16.050 relating to parking enforcement authority at the Lake Berryessa free launching area, adding a new section 12.08.060 regarding enforcement authority of parking violations in the Lake Berryessa area and amending Chapters 12.08 and 12.12 relating to law enforcement and unlawful activities in the Lake Berryessa area.
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)].
PUBLIC HEARING HELD – NO TESTIMONY PRESENTED
THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.
THE BOARD APPROVED INTENT TO ADOPT THE ORDINANCE.
8C. 9:30 A.M. Special Meeting - The Board of Supervisors meeting as the Board of Directors of the Lake Berryessa Resort Improvement District.
(SEE LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)
8D. 4:00 P.M. Joint meeting with the Napa City Council.
DURING THE PUBLIC COMMENT PORTION OF THE CITY OF NAPA’S AGENDA, THE FOLLOWING MEMBERS OF THE PUBLIC SPOKE:
AL CARDWELL SPOKE REGARDING A LETTER WRITTEN BY JIM SAYLOR TO THE NAPA REGISTER ON MARCH 23, 2004, REGARDING THE TREATMENT HE RECEIVED BY THE NAPA COUNTY ASSESSOR. MR. CARDWELL COMMENTED ON A LETTER HE HIMSELF WROTE TO THE ASSESSOR APPROXIMATELY SIX YEARS AGO, AND THE SUBSEQUENT TREATMENT HE RECEIVED.
MR. CARDWELL STATED HE PLANS ON FILING A FORMAL COMPLAINT AGAINST THE ASSESSOR WITH THE FRANCHISE TAX BOARD, STATE ATTORNEY GENERAL, GOVERNOR’S OFFICE, STATE LEGISLATURE AND NAPA COUNTY GRAND JURY.
MURIEL FAGIANI SPOKE REGARDING THE JOINT MEETING AGENDA, AND QUESTIONED WHY THE LIBRARY ITEM WAS NOT WRITTEN SO THAT ACTION ON THE ITEM COULD BE TAKEN TODAY. MS. FAGIANI ALSO INQUIRED AS TO WHERE THE BACKGROUND INFORMATION WAS FOR BOTH ITEMS.
CHRISTOPHER BENNETT SPOKE REGARDING THE IMPACTS THE BUDGET CUTS WOULD HAVE TO NAPA’S CITIZENS WITH DISABILITIES. MR. BENNETT STATED HE WOULD LIKE TO SEE MORE SECURITY IN NAPA VALLEY SCHOOLS, AND ASKED THE BOARD TO CONSIDER THE DISABLED IN THE BUDGET.
1) Status report and discussion/direction regarding the process between the County and City on the County’s Housing Memorandum of Understanding; including status of the County’s Housing Element and the Airport Industrial Area Agreement.
2) Discussion regarding funding for the City/County Library.
THE BOARD DIRECTED STAFF TO INCLUDE THIS ITEM IN DISCUSSIONS DURING THE 2004/2005 BUDGET HEARINGS.
9A. Sheriff requests approval of Budget Transfer No. 61 appropriating $20,060 in the Sheriff budget, with offsetting revenues from the California Law Enforcement Equipment Program Trust Account (CLEEP) representing the County’s portion of a consulting contract with Cit Com for the preparation and management of the Request for Proposals to upgrade the City/County Dispatch computer system (CAD/RMS). (4/5 vote required)
APPROVED REQUEST BD-BW-MR-DD-ML BT-61
9B. County Executive Officer requests the appointment of 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 the first Monday in May 2008.
CHAIR LUCE’S MOTION TO APPOINT SUPERVISOR DODD FAILED BY THE FOLLOWING ROLL CALL VOTE:
N N X
SUPERVISOR RIPPEY’S MOTION TO APPOINT SUPERVISOR WAGENKNECHT FAILED BY THE FOLLOWING ROLL CALL VOTE:
N X N
THE ITEM WAS CONTINUED TO THE MAY 4, 2004 MEETING.
10. Legislative Items.
SUPERVISOR RIPPEY STATED HE WAS CONTACTED BY A CONSTITUENT WHO WAS INTERESTED IN THE BOARD’S OPINION ON STATE LEGISLATION REGARDING WATER, AND STATED HE WOULD FORWARD THE INFORMATION TO STAFF FOR THE LEGISLATIVE SUB-COMMITTEE TO REVIEW.
SUPERVISOR WAGENKNECHT COMMENTED ON AN ARTICLE IN THE CHRONICLE REGARDING THE CLEAN-UP OF SALT PONDS, INCLUDING THE CARGILL SALT PONDS, AND REQUESTED THE ISSUE OF THE CLEAN-UP BE REFERRED TO THE LEGISLATIVE SUB-COMMITTEE.
11. Board of Supervisors’ Committee Reports and Announcements.
SUPERVISOR DODD REPORTED THAT HE AND SUPERVISOR RIPPEY WERE IN WASHINGTON, D.C. LAST WEEK TO LOBBY FOR MONEY FOR THE FLOOD CONTROL PROJECT. HE THANKED CONGRESSMAN MIKE THOMPSON FOR HIS EFFORTS DURING THE TRIP. SUPERVISOR DODD STATED THAT WHILE IN WASHINGTON, HE AND SUPERVISOR RIPPEY WERE ABLE TO ATTEND A PRESENTATION BY THE NATIONAL ASSOCIATION OF COUNTIES, WHO RECOGNIZED NAPA COUNTY’S THERAPEUTIC CHILD CARE CENTER.
SUPERVISOR DODD SAID THAT DR. KRISTIE BRANDT ACCEPTED THE NATIONAL AWARD ON BEHALF OF NAPA COUNTY.
SUPERVISOR WAGENKNECHT REPORTED THAT THE PARKS AND OPEN SPACE DISTRICT COMMITTEE HAD TWO PUBLIC HEARINGS DURING THE PAST WEEK, AND STATED THE HEARINGS WERE WELL ATTENDED AND THERE WAS A LOT OF GOOD PUBLIC COMMENT AND INPUT.
12. Board of Supervisors’ Future Agenda Items.
SUPERVISOR RIPPEY REQUESTED THE OUTSTANDING ITEMS FROM THE RETREAT BE BROUGHT BACK BEFORE THE BOARD IN THE NEAR FUTURE.
13. County Executive Officer Reports and Announcements.
NANCY WATT, ASSISTANT COUNTY EXECUTIVE OFFICER, REPORTED THAT ON MAY 4, 2004, THE BOARD’S REVISED MISSION AND VISION STATEMENTS WILL BE AGENDIZED, AND STAFF IS CURRENTLY WORKING ON REVIEWING THE COUNTY EXECUTIVE OFFICER ORDINANCE. MS. WATT ALSO STATED THE NOTES FROM THE RETREAT HAD BEEN TRANSCRIBED AND WOULD BE DISTRIBUTED, AND THE HALF DAY FOLLOW-UP SESSION WILL BE SCHEDULED SOON.
MS. WATT REPORTED THE STATE FAILED TO COMPLY WITH FEDERAL DIRECTION TO HAVE AN AUTOMATED CHILD SUPPORT COLLECTION SYSTEM, AND THAT COUNTIES CONTINUE TO PAY THE PENALTIES ON BEHALF OF THE STATE. SHE REPORTED THAT THE COUNTY SUPPORTS THE CALIFORNIA STATE ASSOCIATION OF COUNTIES (CSAC) IN THEIR EFFORTS TO KEEP THE CHILD SUPPORT PENALTY FORGIVENESS ON THE LIST THE GOVERNOR IS SUPPORTING.
MS. WATT ANNOUNCED THAT MAY 12, 2004 IS THE DATE FOR THE TRIP TO SACRAMENTO FOR LEGISLATIVE ACTION DAY.
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
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)
CLOSED SESSION HELD – NO REPORTABLE ACTION
ADJOURNED TO BOARD OF SUPERVISORS’ SPECIAL MEETING, TUESDAY, MAY 4, 2004 AT 8:00 A.M.
MARK LUCE, Chairperson
PAMELA MILLER, Clerk of the Board
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