MINUTES OF THE MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

May 4, 2004

1. Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION ON TUESDAY, MAY 4, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRPERSON MARK LUCE, SUPERVISORS BILL DODD, MIKE RIPPEY, DIANE DILLON AND BRAD WAGENKNECHT. THE MEETING WAS CALLED TO ORDER BY CHAIR LUCE AT 9:06 A.M.

2. Pledge of Allegiance.

JOYCE BEATTY LED THE SALUTE TO THE FLAG.

Presentations and Commendations

3A. Presentation of a proclamation declaring Saturday, May 8, 2004 as “National Association of Letter Carriers Food Drive Day” in Napa County.

PROCLAMATION PRESENTED

3B. Presentation of a proclamation declaring May 3-9, 2004 as “National Historic Preservation Week” in Napa County.

PROCLAMATION PRESENTED

4. Public Comment.

CHAIR LUCE ANNOUNCED THE HEARINGS OF NECESSITY LISTED AS ITEMS 8F AND 8G ON THE AGENDA ARE SCHEDULED FOR 2:30 P.M. AND 3:00 P.M. AND ADVISED THAT NOW IS THE TIME FOR MEMBERS OF THE PUBLIC TO SPEAK ON THOSE ITEMS.

5. Department Directors’ Reports and Announcements.

JOHN TUTEUR, ASSESSOR-RECORDER-COUNTY CLERK-REGISTRAR OF VOTERS, REPORTED THAT THE SECRETARY OF STATE ISSUED A DIRECTIVE ON

APRIL 30, 2004, IN AN ATTEMPT TO DECERTIFY ELECTRONIC VOTING MACHINES IN CALIFORNIA, UNLESS CERTAIN CONDITIONS ARE MET.

MR. TUTEUR OUTLINED SEVERAL OPTIONS THAT HE WILL BE DISCUSSING WITH THE BOARD AND HIS COLLEAGUES OVER THE NEXT COUPLE OF WEEKS THAT INCLUDE: ADOPT THE CONDITIONS THAT THE SECRETARY OF STATE PROVIDED FOR THE USE OF ELECTRONIC VOTING SYSTEMS ON NOVEMBER 2, 2004; GO BACK TO PAPER BALLOTS; IGNORE THE DIRECTIVE; OR THE COUNTY COULD ASK FOR JUDICIAL GUIDANCE.

5. Continued

TRENT CAVE, DIRECTOR OF ENVIRONMENTAL MANAGEMENT, REPORTED ON THE RECENT DISCUSSIONS IN THE NEWSPAPERS REGARDING RESTAURANT GRADING CARDS. THE INCREASED INTEREST IS DUE TO CONSUMER DEMAND AND A TRACKING STUDY BY A STANFORD PROFESSOR OF ECONOMICS THAT STARTED IN 2000, WHICH STUDIES THE EFFECT OF GRADING CARDS IN

LOS ANGELES (L.A.) COUNTY.

MR. CAVE STATED THE STUDY INDICATED THAT RESTAURANTS IN L.A. COUNTY SHOW A 3.3% INCREASE IN GROSS SALES AS A DIRECT RESULT OF RESTAURANT GRADING, AND A 20% DECREASE IN FOOD-RELATED HOSPITALIZATIONS.

MR. CAVE FURTHER REPORTED THAT THE GRADING SYSTEM IS ALREADY IN PLACE IN THE COUNTY OF NAPA AND CURRENTLY APPROXIMATELY 60% OF THE RESTAURANTS IN NAPA COUNTY HAVE A GRADE OF “A”.

IN ADDITION, MR. CAVE SAID THE COUNTY IS ENGAGING IN A VOLUNTARY PROGRAM FOR NATIONAL RETAIL FOOD REGULATORY STANDARDS SPONSORED BY THE FOOD AND DRUG ADMINISTRATION, AND STAFF HAS BEEN WORKING WITH MEMBERS OF THE INDUSTRY TO COME UP WITH A PROPOSAL TO MEASURE THE COUNTY AGAINST FEDERAL STANDARDS.

BRUCE HEID, HEALTH & HUMAN SERVICES DIRECTOR, PRESENTED THE BOARD OF SUPERVISORS WITH THE NATIONAL ASSOCIATION OF COUNTIES AWARD THAT WAS PRESENTED TO THE COUNTY OF NAPA FOR ITS “COUNTIES CARES FOR KIDS AWARD” FOR THE THERAPEUTIC CHILD CARE CENTER.

SUPERVISORS RIPPEY COMMENTED THAT DR. KRISTIE BRANDT DESERVES ALL OF THE CREDIT ALONG WITH HER STAFF FOR THIS NATIONAL AWARD.

Consent Items

6A. Sheriff requests approval of and authorization for the Chair to sign a Countywide Multi-Agency Agreement between the City of Napa, City of Calistoga, and City of St. Helena for a maximum amount of $20,060 to provide for the development of a Request for Proposal for a Computer Aided Dispatch (CAD) and Records Management Systems (RMS), assistance in the evaluation and selection process, and contract negotiations. A-6270

6B. Director of Public Works requests approval of the Final Map for condominium purposes entitled “Duo Frattelli Commercial Condominiums”. 

6C. Director of Public Works/Aviation requests authorization for the Chair to sign a Certificate of Acceptance of an Avigation and Hazard Easement Deed from Napa Junction I, LLC, (Assessor’s Parcel No. 059-020-024).

6D. Director of Public Works/Aviation requests authorization for the Chair to sign a Certificate of Acceptance of an Avigation and Hazard Easement Deed from Greystone Homes, Inc. (Assessor’s Parcel Nos. 058-601-004 - 058-601-006, 058-601-009 - 058-601-012, 058-611-001 –

058-611-003).

6E. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 3724 with COPE Family Center, increasing the amount by $917 for a new maximum of $191,463 to provide services under the Family Preservation and Support Program. A-3724

(AMEND. 1)

6F. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 6100 with Family Service of the North Bay, Inc., increasing the amount by $1,500 for a new maximum of $3,190 to provide counseling services in the Children’s Behavioral Health and Child Welfare Services Programs. A-6100

(AMEND. 1)

6G. Director of Health and Human Services requests approval of and authorization for the Chair to sign a revenue agreement with Kings View Counseling Services for Kings County for a maximum of $30,000 for the term January 16, 2004 through June 30, 2004 to provide specialty mental health services. A-6271

6H. Director of Health and Human Services requests approval of the following actions regarding the

Napa Valley Stabilization Center:

1) Authorization to negotiate a contract with Project Ninety, Inc. for the purpose of establishing and operating the Stabilization Center;

2) Authorization for the Public Works Department to initiate the fire clearance work that is required for the opening and operation of the Stabilization Center; and

3) Authorization to negotiate an amendment to Napa County Ground Lease Agreement

No. 4791 between the State of California Department of General Services and the County of Napa for the use of Building 253 (M-1) located at Napa State Hospital in order to permit the County of Napa to sublease the property and extend the original terms, agreements and conditions of the contract.

6I. Director of Health and Human Services requests approval of Budget Transfer No. 64 increasing

revenue and expenditures by $520,047 for the Training and Employment Center’s operating budget for Fiscal Year 2003-2004. (4/5 vote required) BT-64

6J. Human Resources Director requests adoption of a resolution amending the Departmental

Allocation List for Human Resources with regards to deleting one (.75) Senior Human Resources Analyst and one (1) Human Resources Analyst I/II, and adding one (.8) Human Resources Analyst III and one (1) Human Resources Analyst III, effective May 8, 2004. R-04-57

6K. County Executive Officer requests approval of and authorization for Chair to sign Amendment No. 1 to Agreement No. 6187 with Dean Bowen d.b.a. Net-Flow Internet Solutions increasing the amount by $975 for a new maximum of $12,975 for additional website programming and administrative services. A-6187

(AMEND. 1)

6L. County Executive Officer requests adoption of resolution authorizing execution of a Termination Agreement removing certain property from the 1996 Certificates of Participation Lease Agreement, and other certain actions related to said Agreement. R-04-58

6M. County Executive Officer requests adoption of the Board of Supervisors’ Vision Statement and Guiding Principles as discussed at the April 2004 Board Retreat.

6N. County Executive Officer and Compliance Officer request acceptance of the Compliance Program Quarterly Report for the period ending March 31, 2004.

6O. Second reading and adoption of 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. O-1237

7. Discussion of items removed from the Consent Calendar.

NONE

APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6O.

BD-BW-MR-DD-ML

Set Matters - Public Hearings

8A. 9:10 A.M. Special Meeting

The Board of Supervisors meeting as the Napa County Public Improvement Corporation.

(SEE NAPA COUNTY PUBLIC IMPROVEMENT CORPORATION MINUTES)

8B. 9:15 A.M. Recess to the In-Home Supportive Services (IHSS) Public Authority of Napa County meeting.

(SEE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY MINUTES)

8C. 10:30 A.M. Director of Health and Human Services requests that the Board of Supervisors direct

the CEO to incorporate the Health and Human Services Agency’s Fiscal Year 2004-2005 budget recommendations into the Recommended Fiscal Year 2004-2005 budget.

APPROVED REQUEST WITH A MODIFICATION TO THE PUBLIC HEALTH SECTION OF THE STAFF REPORT FOR CONTRACTS WITH CLINIC OLE AND QUEEN OF THE VALLEY HOSPITAL FOR INDIGENT MEDICAL CARE SERVICES. AMENDMENT TO THE RECOMMENDATION WAS AS FOLLOWS: CLINIC OLE CONTRACT REDUCED A TOTAL OF $5,000, AND QUEEN OF THE VALLEY HOSPITAL CONTRACT REDUCED A TOTAL OF $5,000 (AS OPPOSED TO A REDUCTION OF $40,000 EACH AS ORIGINALLY RECOMMENDED BY STAFF).

BD-DD-MR-BW-ML

N

8D. 11:30 A.M. Recess to the Silverado Community Services District meeting.

(SEE SILVERADO COMMUNITY SERVICES DISTRICT MINUTES)

8E. 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)

8F. 2:30 P.M. PUBLIC HEARING Director of Public Works requests the following:

1) Provide the owners of record, O'Neill/ Mullin LLC, or their representative(s) an

opportunity to be heard regarding the proposed Resolution of Necessity described

in 2); and

8F. Continued

2) Consider adoption of a Resolution of Necessity by Napa County and authorize legal

counsel to commence eminent domain proceedings to acquire property in fee simple, permanent drainage easement and a temporary construction easement located at Devlin Road (Asessor's Parcel No. 057-020-025). (2/3 vote required)

PUBLIC HEARING HELD – TESTIMONY PRESENTED

ADOPTED RESOLUTION BD-BW-MR-DD-ML R-04-60

X

8G. 3:00 P.M. PUBLIC HEARING Director of Public Works requests the following:

1) Provide the owners of record, Edward William Schlies, Trustee of The Schlies Family Trust, dated May 26, 1971, or their representative(s) an opportunity to be heard regarding the proposed Resolution of Necessity described in 2); and

2) Consider adoption of a Resolution of Necessity by Napa County and authorize legal counsel to commence eminent domain proceedings to acquire the property in fee simple located at Devlin Road (Assessor's Parcel Nos. 057-020-006, 057-020-018,

057-210-002). (2/3 vote required)

PUBLIC HEARING HELD – NO TESTIMONY PRESENTED

ADOPTED RESOLUTION BD-BW-MR-DD-ML R-04-61

X

8H. 3:30 P.M. Discussion and possible action related to the following:

1) Direction to staff to include $1 million in Fiscal Year 2004-2005 budget for first year expenditures of General Plan Update Process, including, but not limited to, Project Management, Policy Creation, Land Use, GIS Mapping and Report Production; and

2) Request to schedule a Board Workshop on July 20, 2004 when specific direction will be sought.

APPROVED REQUESTS BW-DD-BD-MR-ML

X

Administrative Items

9A. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 3260 with Crestwood Behavioral Health, Inc., increasing the amount by $275,000 for a new maximum of $1,512,000 to provide residential mental health services.

APPROVED REQUEST BD-BW-MR-DD-ML A-3260

X (AMEND. 2)

9B. Consideration and possible action to appoint 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, and an alternate member for a term of office expiring May 2005.

(CONTINUED FROM APRIL 27, 2004)

ITEM CONTINUED TO MAY 18, 2004.

BD-DD-MR-BW-ML

X

Legislative Items

10A. The Board may or may not take action on any or all items presented for discussion. (Unanimous vote required)

AB 2158 - Would provide significant reform to the housing element and includes recommendations from the State Department of Housing and Community Development (HCD) Housing Element Working Group (HEWG).

THE BOARD WENT ON RECORD IN SUPPORT OF AB 2158.

BD-BW-MR-DD-ML

X

HR 1005 - Requires Congress to fully fund the Payment In Lieu of Taxes (PILT) Act of 1976.

THE BOARD DIRECTED STAFF TO PREPARE A LETTER BASED ON DISCUSSIONS TODAY AND BRING THE LETTER TO THE BOARD ON MAY 11, 2004 FOR CONSIDERATION. BD-BW-MR-DD-ML

X

11. Board of Supervisors’ Committee Reports and Announcements.

SUPERVISOR WAGENKNECHT REPORTED HE ATTENDED THE CINCO DE MAYO CELEBRATION IN CALISTOGA AND STATED IT WAS A WONDERFUL EVENT.

SUPERVISOR DODD REPORTED THE NAPA COUNTY TRANSPORTATION PLANNING AGENCY (NCTPA) HELD A PUBLIC HEARING APRIL 28, 2004, TO TAKE TESTIMONY ON THE PROPOSED TRANSPORTATION SALES TAX. THE SCHEDULE FOR NCTPA’S FINAL DECISION HAS BEEN DELAYED THIRTY DAYS.

CHAIRMAN LUCE REPORTED THAT HE ATTENDED AN ASSOCIATION OF BAY AREA GOVERNMENTS’ (ABAG) HAZARDOUS WASTE ALLOCATION MEETING AND ONE OF THE TOPICS DISCUSSED WAS A CALIFORNIA BILL CURRENTLY MOVING THROUGH THE LEGISLATURE WHICH WILL STANDARDIZE CALIFORNIA’S GREEN BUSINESS PROGRAM.

12. Board of Supervisors’ Future Agenda Items.

NONE

13. County Executive Officer Reports and Announcements.

NANCY WATT, ASSISTANT COUNTY EXECUTIVE OFFICER, REPORTED THAT TODAY IS THE FIRST DAY PUBLIC WORKS DEPARTMENT IS USING THE NEW AUTOMATED AGENDA SYSTEM AND SHE TOOK A MOMENT TO RECOGNIZE THE MANY PEOPLE WHO HAVE WORKED VERY HARD TO IMPLEMENT THE SYSTEM INCLUDING: BOB PETERSON AND KIM HENDERSON FROM PUBLIC WORKS; KARITA PRESCOTT AND MICHAEL STOLTZ FROM THE COUNTY

EXECUTIVE OFFICE; THE PEOPLE WHO TOOK ON THE RESPONSIBILITY OF TRAINING DEPARTMENTS TO USE THE NEW SYSTEM, LYNN PEREZ FROM PROBATION, SHELLI BROBST FROM HEALTH & HUMAN SERVICES AND BELINDA YAMATE FROM ENVIRONMENTAL MANAGEMENT; AND PROJECT MANAGERS PAMELA MILLER FROM THE COUNTY EXECUTIVE OFFICE AND DAN GLASCOTT FROM INFORMATION TECHNOLOGY SERVICES.

14. Closed Session

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

(Two cases)

Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: (Two cases)

CLOSED SESSION HELD – NO REPORTABLE ACTION

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. (Case No. 26-22255)

CLOSED SESSION HELD – NO REPORTABLE ACTION

C. 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 NOT HELD

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ SPECIAL MEETING, TUESDAY, MAY 11, 2004 AT 8:00 A.M.

_____________________________________

MARK LUCE, Chairperson

ATTEST: _____________________________________

MICHELLE PRICE, Deputy 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