MINUTES OF THE MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF NAPA
May 18, 2004
1. Call to Order; Roll Call.
THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION ON TUESDAY, MAY 18, 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.
THE SALUTE TO THE FLAG WAS HELD.
Presentations and Commendations
3A. Presentation of a proclamation declaring May 16 - 22, 2004 as Emergency Medical Services week.
4. Public Comment.
CANDACE ELIZA SPOKE REGARDING THE ABUSES OCCURRING IN THE WORLD TODAY.
DAVID BAKER, EXECUTIVE DIRECTOR, SEIU LOCAL 614, COMMENTED ON THE CLOSED SESSION ITEM REGARDING CONFERENCE WITH LABOR NEGOTIATOR. MR. BAKER PROVIDED A PROGRESS REPORT FROM THE UNION’S PERSPECTIVE AND ADVISED THE UNION IS PREPARED TO BEGIN THE PROCESS OF SERIOUS DISCUSSIONS ON VERY IMPORTANT ISSUES BROUGHT UP IN THE NEGOTIATIONS.
KATHLEEN HARRISON ANNOUNCED THAT MAY IS MENTAL HEALTH AWARENESS MONTH AND INQUIRED AS TO WHETHER OR NOT A PROCLAMATION HAS BEEN PREPARED.
CHAIR LUCE ADVISED HE WOULD REFER MS. HARRISON’S REQUEST TO STAFF.
5. Department Directors’ Reports and Announcements.
6A. Sheriff requests approval of and authorization for the Chair to sign Amendment No. 2 to
Agreement No. 4502 adding the Town of Yountville as a party to the existing agreement executed by the County of Napa and the Cities of Napa, St. Helena, Calistoga and American Canyon and allowing for annual maintenance fees on a pro rata basis for the countywide multi-agency mobile data communication system. A-4502
6B. Director of Health and Human Services requests approval of and authorization for the Chair to
sign Amendment No. 1 to revenue Agreement No. 4089 with Sonoma County, revising the regional Emergency Medical Services operating budget. A-4089
6C. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements with Napa Valley Unified School District for the term
October 1, 2003 through June 30, 2004:
1) Agreement for a maximum of $2,500 to provide childcare services for clients enrolled in the Women’s Recovery Program; and A-6276
2) Business Associate Agreement setting forth the terms and conditions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule.
6D. Agricultural Commissioner/Sealer requests approval of and authorization for the Chair to
sign an agreement with the California Department of Food and Agriculture (CDFA) reimbursing County costs not to exceed $2,160 associated with Nematode Control Program services for the term April 1, 2004 through June 30, 2004. A-6277
6E. Director of Environmental Management requests approval of Budget Transfer No. 66
appropriating $257,000 in the Environmental Management budget, with offsetting revenue from California Integrated Waste Management Board grant to promote used oil recycling.
(4/5 vote required) BT-66
6F. Director of Public Works requests the following:
1) Approval of Budget Transfer No. 65 appropriating $14,000 in the Library Capital
Improvement budget with offsetting revenues from the Library operating budget for funding the Calistoga Library Exterior Painting (4/5 vote required); and
2) Award of the contract for the “Calistoga Library Exterior Painting,” PW 04-10, to
Z. K. Painting of Castro Valley, California, for their low base bid of $6,700, and authorization for the Chair to sign the construction contract.
6G. Director of Public Works requests approval of plans and specifications for the “Napa County
Library HVAC Equipment Replacement," PW 03-18, authorization to advertise for bids and setting 3:30 P.M. on July 1, 2004 for opening of sealed bids.
6H. Director of Public Works/Aviation requests authorization for the Chair to sign a Certificate of
Acceptance of an Avigation and Hazard Easement Deed from Syar Industries, Inc. (Assessor’s Parcel No. 057-110-018 and 057-110-019)
6I. Clerk of the Board and County Counsel request the Board acknowledge the request of the Napa Valley Community College District’s Bond Counsel, Stradling, Yocca, Carlson & Rauth, to not authorize the issuance of a tax and revenue anticipation note (TRAN) thereby allowing the Community College District to issue the note in its own name, and authorize the Clerk of the Board to sign and return the acknowledgement to the District’s Bond Counsel.
6J. County Executive Officer requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 2265 with George Hills Company, Inc., increasing the amount by $3,202 for a new maximum of $83,245 effective July 1, 2004 for third party liability administration services, with a provision for annual automatic renewal under the same terms and conditions.
6K. County Executive Officer requests adoption of a resolution authorizing the restructuring of an approved loan, in the amount of $850,000, to Napa Valley Community Housing, for the development of a 29-unit affordable housing development known as Magnolia Park Town Homes, and authorization for the Chair to sign Loan Agreement and specified related documents.
6L. County Executive Officer/Purchasing Agent requests authorization to declare certain items as surplus and no longer required for public use, remove them from inventory, and dispose of them at public auction. (4/5 vote required)
6M. Approve minutes of Board of Supervisors’ meeting of April 27, 2004.
6N. Approve minutes of Board of Supervisors’ meeting of April 20, 2004.
7. Discussion of items removed from the Consent Calendar.
APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6N.
Set Matters - Public Hearings
8A. 9:30 A.M. Board of Supervisors meeting as a Board of Equalization.
(SEE BOARD OF EQUALIZATION MINUTES)
8B. 10:30 A.M. Presentation by the Conservation, Development and Planning Department regarding Fiscal Year 2004-2005 Overall Work Program.
8C. 11:30 A.M. PUBLIC HEARING County Counsel and the Conservation, Development and Planning Department request a first and final reading and adoption of an ordinance adding new sections 18.08.263, 18.08.264 and 18.08.612 and amending sections 18.08.460, 18.120.010(A) and 18.120.010(b) of the Napa County Code regarding personal use airports and heliports, emergency medical services landing sites, emergency use facilities and temporary helicopter landing sites in the unincorporated portions of Napa County.
ENVIRONMENTAL DETERMINATION: Categorically exempt pursuant to 14 CCR 15305: Minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density. (Class 5)
THE BOARD REFERRED THE ITEM BACK TO STAFF AND THE CONSERVATION, DEVELOPMENT & PLANNING COMMISSION FOR ADDITIONAL HOUSEKEEPING ITEMS AND TO CONSIDER AN EXCEPTION TO THIS ORDINANCE FOR LIMITED USE EITHER THROUGH A SPECIAL PERMIT PROCESS OR A FRANCHISE AGREEMENT. BD-BW-MR-DD-ML
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)
8E. 2:30 P.M. PUBLIC HEARING Consideration and possible action regarding an appeal filed by
Brian Carr to a decision by the Director of Public Works to deny a Lot Line Adjustment filed by Brian Carr for the property located at 316 Wall Road. (Assessor's Parcel Nos. 027-510-006,
027-510-016, and 027-510-020)
(APPLICANT REQUESTS CONTINUANCE TO JUNE 8, 2004 AT 9:15 A.M.)
PUBLIC HEARING CONTINUED TO JUNE 8, 2004 AT 9:15 A.M.
8F. 2:35 P.M. Presentation by Public Works, Environmental Management, and Conservation, Development and Planning Departments regarding implementation of the County's obligations under the National Pollution Discharge Elimination System (NPDES) and enhancements to the erosion control review process, with the request that the Board of Supervisors provide:
1) Conceptual approval of the plan to meet mandated requirements of the NPDES program and proposed enhancements to the erosion control review process; and
2) Direction to return with a user fee proposal to finance both programs.
APPROVED REQUESTS BD-BW-MR-DD-ML
9A. County Fire Chief and County Executive Officer/Purchasing Agent request the following actions (4/5 vote required):
1) Approval of establishing the following fixed assets originally anticipated to be included in the Fiscal Year 2004-2005 budget:
· One fire engine
· Two water tenders
· One enclosed utility vehicle
2) Approval of Budget Transfer No. 67 increasing the appropriation for fixed assets by
$1,084,000, with offsetting revenues of $140,721 from equipment trust fund and cancellation of $481,988 in designations, and $461,291 in decreased appropriations for contingencies; and BT-67
3) Waiver of competitive bidding requirements and authorization to make a sole source award
pursuant to County Ordinance Code 2.36.090 for the purchase of the following fixed assets:
· Two water tenders from Pierce Manufacturing in Appleton, Wisconsin, for the total
amount of $350,000 to replace those at the Rutherford Volunteer Fire Department and the Capell Valley Volunteer Fire Department.
· Two chassis for the water tenders from Redwood Reliance Peterbilt, 7911 Redwood Drive, Cotati, California, for $220,602.
· One Class A Pumper from Pierce Manufacturing in Appleton, Wisconsin, for the total amount of $390,000 for Edgerly Island Volunteer Fire Department.
· One 105’ Aerial Quint from Pierce Manufacturing in Appleton, Wisconsin, for the total amount of $670,000 for the Yountville Fire Station.
APPROVED REQUESTS MR-BD-BW-DD-ML
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 in May 2008, and possibly, an alternate member to a term expiring May 2005.
(CONTINUED FROM APRIL 27 AND MAY 4, 2004)
ITEM REMOVED FROM THE AGENDA
9C. First reading and intention to adopt an ordinance amending section 2.58.160 of the Napa County Code extending the expiration of the In-Home Supportive Services Public Authority of Napa County.
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)].
THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.
THE BOARD DECLARED INTENT TO ADOPT THE ORDINANCE.
9D. Discussion and possible action related to Indian gaming:
1) Staff report on exploratory discussions related to the creation of a Memorandum of Understanding (MOU) with Yolo, Solano, and Sonoma Counties; and
2) Consideration and possible action to appoint one (1) member of the Board of Supervisors and one (1) alternate to serve on an Ad Hoc Committee composed of representatives from the Yolo, Solano, Sonoma, and Napa County Boards of Supervisors for the purpose of giving guidance and direction to staff concerning the development of an Indian gaming MOU and a scope of work for the procurement of Indian gaming lobbying services.
THE BOARD APPOINTED SUPERVISOR RIPPEY AS THE MEMBER AND SUPERVISOR WAGENKNECHT AS THE ALTERNATE.
10. Legislative Items.
11. Board of Supervisors’ Committee Reports and Announcements.
SUPERVISOR DILLON STATED THERE WAS A WEBSITE REGARDING THE WEST NILE VIRUS AND ENCOURAGED THE PUBLIC TO VISIT THE WEBSITE TO EDUCATE THEMSELVES ON PREVENTATIVE MEASURES FOR WEST NILE VIRUS.
SUPERVISOR RIPPEY REPORTED THE COUNTY, CITY OF AMERICAN CANYON AND THE CITY OF NAPA ALONG WITH ASSEMBLYWOMAN PATRICIA WIGGINS RECEIVED A HOUSING HERO AWARD FOR EFFORTS IN PROMOTING AFFORDABLE HOUSING IN NAPA COUNTY. HE STATED THAT HE, ALONG WITH SUPERVISORS DODD AND LUCE, COUNTY EXECUTIVE OFFICER NANCY WATT AND COMMUNITY PARTNERSHIP MANAGER HOWARD SIEGEL WERE PRESENT TO RECEIVE THE AWARD.
12. Board of Supervisors’ Future Agenda Items.
13. County Executive Officer Reports and Announcements.
NANCY WATT, COUNTY EXECUTIVE OFFICER, REPORTED THE GOVERNOR RELEASED HIS MAY REVISE ON THURSDAY, MAY 13, 2004. SHE STATED HIS PROPOSAL INCLUDED A VEHICLE LICENSE FEE (VLF) PROPERTY TAX SWAP FOR TWO YEARS. SHE STATED IN FISCAL YEAR 2006-2007 THE FULL AMOUNT OF PROPERTY TAX WILL BE RESTORED TO THE COUNTY. THE PROPOSAL ALSO INCLUDES A PAYBACK OF THE VLF LOAN OF $2 MILLION IN FISCAL YEAR 2006-2007.
MS. WATT STATED THE GOVERNOR’S PROPOSAL INCLUDES A CONSTITUTIONAL AMENDMENT REQUIRING A 2/3 VOTE OF THE STATE’S LEGISLATURE TO PLACE ON THE NOVEMBER BALLOT A MEASURE THAT WOULD PROTECT AGAINST FUTURE MANDATES TAKING FUNDS AWAY FROM LOCAL GOVERNMENT.
MS. WATT REPORTED THAT WHILE THERE WAS SOME FUNDING RESTORED TO NAPA COUNTY, THE LOSS TO THE COUNTY’S BUDGET DUE TO THE MAY REVISE IS $1.2 MILLION FOR TWO YEARS.
14. Closed Session.
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code Section 54956.9 (a))
Name of cases:
i) Napa Citizens for Honest Government et al v. Napa County Board of Supervisors (Case No. 26-04014)
ii) Jorge Deharo, Hector Olvera, Latinos Unidos de Napa, an Unincorporated
Association v. County of Napa et. al. (Case No. 26-22255)
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)
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code
Property: 2000 Airport Road, Napa
Agency Negotiator: Robert Peterson, Director of Public Works/Aviation
Negotiating Party: JALUX Americas, Inc.
Under Negotiation: Terms of renewal/renegotiation of lease
CLOSED SESSION HELD – NO REPORTABLE ACTION
ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, MAY 25, 2004 AT 9:00 A.M.
MARK LUCE, Chairperson
MICHELLE PRICE, Deputy 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