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.
PRESENTATION MADE
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.
Consent Items
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
(AMEND.
2)
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
(AMEND.
1)
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.
A-6276-1
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
BT-65
6F. Continued
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.
A-2265
(AMEND.
2)
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.
R-04-71
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.
BD-MR-BW-DD-ML
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
Administrative
Items
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)].
TITLE READ
THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.
BD-MR-BW-DD-ML
THE BOARD DECLARED INTENT TO ADOPT THE ORDINANCE.
BW-DD-BD-MR-ML
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.
NONE
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.
NONE
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)
14. Continued
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
Section 54956.8)
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
Adjournment.
ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, MAY 25, 2004 AT 9:00 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