MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

 

June 8, 2004

 

 

1.         Call to Order; Roll Call.

            THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION ON TUESDAY, JUNE 8, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT:  CHAIR MARK LUCE, SUPERVISORS BILL DODD,

            MIKE RIPPEY, BRAD WAGENKNECHT AND DIANE DILLON.  THE MEETING

            WAS CALLED TO ORDER BY CHAIR LUCE AT 9:00 A.M.

 

 

2.         Pledge of Allegiance.

            MURIEL FAGIANI LED THE SALUTE TO THE FLAG.

 

 

3.             Presentations and Commendations.

            NONE

 

 

4.                  Public Comment.

HAROLD MOSKOWITE SPOKE REGARDING THE ELECTION PROCESS AND REQUESTED THE BOARD CREATE A TASK FORCE CONSISTING OF SEVEN TO NINE RESIDENTS TO DEVELOP SHORT-TERM AND LONG-TERM RECOMMENDATIONS TO ESTABLISH AN ERROR-FREE ELECTORAL PROCESS.

 

SUPERVISOR WAGENKNECHT COMMENTED HE PLANNED ON ADDRESSING THE ELECTION PROCESS UNDER FUTURE AGENDA ITEMS.

 

SUPERVISOR RIPPEY COMMENTED THAT MR. MOSKOWITE’S REQUEST IS WHAT HE HAS BEEN REQUESTING FOR SOME TIME.  HE FURTHER STATED THAT THE CURRENT ELECTION PROCESS IS NOT COMPLETE.

 

MURIEL FAGIANI SPOKE REGARDING THE Napa County Transportation Planning Agency (NCTPA) TRANSPORTATION PLAN AND ASKED WHERE THE COUNTY WAS IN THE DECISION MAKING PROCESS OF THE PLAN.

 

MS. FAGIANI ALSO SPOKE REGARDING THE CURRENT ELECTION PROCESS, STATING SHE THOUGHT THE JUDGE’S DECISION HAS NOT YET BEEN FINALIZED.

 

NANCY WATT, COUNTY EXECUTIVE OFFICER, RESPONDED THAT THE TRANSPORTATION PLAN DISCUSSION IS SCHEDULED FOR THE JUNE 15, 2004 BOARD MEETING.

 

ROBERT WESTMEYER, COUNTY COUNSEL, RESPONDED THAT THE BOARD DOES NOT CREATE THE TRANSPORTATION PLAN, THEY VOTE TO APPROVE THE PLAN OR NOT, AND WHETHER OR NOT TO AUTHORIZE THE CREATION OF AN AUTHORITY.

 

5.             Department Directors’ Reports and Announcements.

NEAL O’HAIRE, EMERGENCY SERVICES MANAGER, ANNOUNCED THERE IS A NEIGHBORHOOD DISASTER DRILL SCHEDULED FOR JUNE 12, 2004 AND INVITED EVERYONE TO ATTEND.  MR. O’HAIRE REPORTED ON THE RECENT FULL-SCALE EMERGENCY RESPONSE EXERCISE CONDUCTED IN THE COUNTY.

HE STATED THERE WERE APPROXIMATELY 15 DIFFERENT AGENCIES PARTICIPATING IN THE EXERCISE.

 

JOHN TUTEUR, ASSESSOR-RECORDER-COUNTY CLERK-REGISTRAR OF VOTERS, REPORTED THAT THE ELECTIONS DEPARTMENT IS CURRENTLY TAKING STEPS TO IMPROVE THE ELECTIONS PROCESS.  HE STATED HE IS ALSO WORKING ON BALLOT SECURITY AND THAT HE IS WILLING TO WORK WITH A TASK FORCE IF THAT IS WHAT THE BOARD DESIRES.

 

 

Consent Calendar

 

 

6A.      Chief Probation Officer requests approval of and authorization for the Chair to sign an agreement with Redwood Toxicology Laboratory, Inc. for a maximum of $30,000 for the term May 1, 2004 through June 30, 2004, with an automatic annual renewal, to provide drug screening services for adult and juvenile probationers.                                                                           A-6283

 

 

6B.       District Attorney requests approval of and authorization to sign a grant award, for Fiscal Year 2004-2005, with the Governor's Office of Emergency Services in the amount of $212,649, with no County match required, to continue funding for the Narcotics Information Network.

 

 

6C.      District Attorney requests approval of Budget Transfer No. 76 transferring $2,525 from the Environmental Trust Fund, and Budget Transfer No. 77 transferring $8,868 from the Asset Forfeiture Trust Fund to the District Attorney's budget for operating expenses. (4/5 vote required)

                                                                                                                                                BT-76

                                                                                                                                                BT-77

 

 

6D.             Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 6110 with Denise L. Layten, MFT, increasing the amount by $3,000 for a new maximum of $11,500 to provide services in the Mental Health Outpatient Managed Care Program.                                                                                A-6110

                                                                                                                                                (AMEND. 2)

 

 

6E.             Director of Health and Human Services requests approval of Budget Transfer No. 78 increasing revenue and expenditures by $12,000 for the Workforce Investment Board's operating budget.

(4/5 vote required)                                                                                                         BT-78

 

 

 

 

6F.             Director of Conservation, Development and Planning requests approval of and authorization for the Chair to sign an agreement with the Napa County Resource Conservation District (RCD) reimbursing the County $95,800, for the term May 1, 2004 through April 30, 2007 for the Watershed Coordination Services.                                                                                  A-6284

 

 

6G.             Director of Conservation, Development and Planning requests adoption of a resolution creating two alternate members to serve on the Napa River Watershed Conservancy and Watershed Information Center Board ("Conservancy/WIC Board"), establishing term service and termination conditions for board members and approving the Bylaws.                                                R-04-77

 

 

6H.             Director of Public Works requests approval of plans and specifications for the "Cuttings Wharf Boat Launch Facility Project,” PW 04-02, authorization to advertise for bids and setting 3:30 P.M. on July 8, 2004 for opening of sealed bids.

 

 

6I.             Director of Public Works requests approval of plans and specifications for the “Napa County Hall of Justice, New 500 Gallon Aboveground Storage Tank Project,” PW 03-15, authorization to advertise for bids and setting 3:30 P.M. on July 15, 2004 for opening of sealed bids.

 

 

6J.             Director of Public Works requests approval of and authorization for the Chair to sign an agreement with Napa County Transportation Planning Agency (NCTPA) for a maximum of $15,000 for the term June 8, 2004 through December 31, 2004 for the preparation of a South County State Route 29 Corridor Alternatives Study.                                                  A-6285

 

 

6K.            Director of Public Works requests approval of and authorization for the Chair to sign a Space License Agreement with Child Abuse Prevention Services of Napa, Inc., dba COPE Family Center, for use of space in Building H of the Health & Human Services (HHS) campus at

2344 Old Sonoma Road in Napa for a term commencing May 15, 2004 and continuing until terminated by either party.                                                                                       A-6286

 

 

6L.             Director of Public Works requests adoption of a resolution authorizing the execution and delivery of the Association of Bay Area Governments (ABAG) Electric Program Wind Up Agreement.

                                                                                                                                                R-04-78

 

 

6M.             Assessor-Recorder-County Clerk requests approval of and authorization for the Chair to sign two agreements with Calaveras County for the reimbursement of a share of the cost of base-year tracking and manufactured home/aircraft automated valuation enhancements to the Megabyte Property Tax System covered under Master Agreements No. 4645 and No. 4646 approved by the Board on December 11, 2001.                                                                           A-4645-4

                                                                                                                                                A-4646-4

 

 

 

 

6N.             Auditor-Controller requests authorization to draw a warrant in the amount of $30,000 from the Napa County Fair Fund, payable to the Napa County Fair, for the purpose of replenishing their Operating fund.

 

 

6O.      Human Resources Director requests adoption of a resolution regarding the following in connection with the Public Works Department, effective June 8, 2004:

1.      Amend the Departmental Allocation List to add one (1) Deputy Director of

Public Works-General Services and delete one (1) Deputy Public Works

Director-Administration;

 

2.      Amend the Table and Index to add Deputy Director of Public Works-General Services     and delete Deputy Public Works Director-Administration; and

 

3.       Amend appropriate policies to add Deputy Director of Public Works-General Services and delete Deputy Public Works Director-Administration.

                                                                                                                                                R-04-79

 

 

6P.       Human Resources Director requests adoption of a resolution amending Departmental Allocation Lists in regards to the deletion and extension of Limited Term (LT) positions in various County departments.                                                                                                              R-04-80

 

 

6Q.      County Executive Officer requests adoption of a resolution related to department head performance review and appointment authority.                                                         R-04-81

           

 

6R.       County Executive Officer requests adoption of a resolution to implement a Tax Sharing Agreement with the City of American Canyon related to one parcel proposed for annexation. (Assessor's Parcel No. 058-030-042)                                                                            

ADOPTED AMENDED RESOLUTION                                                                  R-04-82

 

 

6S.             Approve minutes of the special and regular meetings held May 4, 2004.

 

 

7.                  Discussion of items removed from the Consent Calendar.

NONE

 

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

                                                            BD-DD-MR-BW-ML


 

Set Matters of Public Hearings

 

 

8A.      9:15 AM 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)

(CONTINUED FROM MAY 18, 2004)

            PUBLIC HEARING CONTINUED TO JUNE 29, 2004 AT 10:15 A.M.

                                                                        BD-MR-BW-DD-ML

 

 

8B.       9:45 AM PUBLIC HEARING  Consideration and possible action regarding an appeal filed by

Mr. and Mrs. Wood to a decision by the Director of Public Works to deny a Lot Line Adjustment filed by Mr. Wood for the property located at 8901 Conn Creek Road. (Assessor’s Parcel Nos. 030-120-017and 030-120-012)

            PUBLIC HEARING OPENED

 

PUBLIC HEARING CONTINUED TO AUGUST 17, 2004 AT 10:00 A.M.

                                                                        BD-BW-MR-DD-ML

 

 

8C.      10:15 AM  Director of Public Works requests adoption of a resolution temporarily closing a portion of Silverado Trail from Brannan Street in Calistoga to State Route 128 (Sage Canyon Road) from 7:00 A.M. to 10:00 A.M. on Sunday, June 20, 2004 for the Napa Valley Inline Marathon, the Calistoga to Napa Road Skate.

ADOPTED RESOLUTION AS AMENDED TO CHANGE ROUTE TO BALE LANE RATHER THAN SAGE CANYON ROAD.                                                                                   BD-BW-MR-DD-ML

                                                                                                N

 

            APPROVED RECONSIDERATION OF ITEM.

                                                                        BD-BW-MR-DD-ML

                                                                                                N

           

ADOPTED RESOLUTION WITH ADDITIONAL AMENDMENT TO CHANGE ROUTE TO GLASS MOUNTAIN ROAD RATHER THAN BALE LANE.

                                                                        BD-BW-MR-DD-ML                              R-04-83

                                                                                                N

                                                                                               

 

8D.      12:00 PM  Recess to Annual Luncheon at the U.C. Cooperative Extension located at

1710 Soscol Avenue, Napa.

            LUNCHEON HELD

 

 

 

 

 

 

Administrative Items

 

 

9A.             Director of Conservation, Development and Planning requests consideration and acceptance of the Napa County Conservancy and Watershed Information Center Strategic Plan.

            APPROVED REQUEST                  MR-BW-BD-DD-ML

 

9B.             Director of Public Works requests first reading and intention to adopt an ordinance adding

Chapter 16.28 - Stormwater Management and Discharge Control Ordinance.

ENVIRONMENTAL DETERMINATION: The proposed action is a Class 8 activity that is categorically exempt from CEQA: certain actions by regulatory agencies to maintain, restore, or enhance the environment, other than constriction activities, where the regulatory process includes procedures to protect the environment. [See Guidelines For the Implementation of the California Environmental Quality Act, 14 CCR 15308]

            TITLE READ

 

THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.

                                                                        BD-BW-MR-DD-ML

 

THE BOARD DECLARED INTENT TO ADOPT THE ORDINANCE.

                                                                        BD-BW-MR-DD-ML

 

 

10.             Legislative Items.

            NONE

 

 

11.       Board of Supervisors’ Committee Reports and Announcements.

            NONE

 

 

12.       Board of Supervisors’ Future Agenda Items.

SUPERVISOR WAGENKNECHT COMMENTED THERE IS GREAT CONCERN IN THE COUNTY AS TO WHETHER OR NOT A VOTE COUNTS, AND REQUESTED DISCUSSION REGARDING THE ELECTION PROCESS BE PLACED ON AN AGENDA IN THE NEAR FUTURE.

 

SUPERVISOR DODD COMMENTED HE WOULD ALSO LIKE TO HAVE INCLUDED IN THE DISCUSSIONS WHAT THE RESPONSIBILITIES ARE OF EACH POSITION WITHIN THE ELECTIONS DEPARTMENT AND HOW NAPA COUNTY IS STRUCTURED VERSUS OTHER COUNTIES.

 

This item was scheduled for june 29, 2004.

 

 

 

 

 

 

 

13.       County Executive Officer Reports and Announcements.

NANCY WATT REPORTED THAT JUNE 11, 2004 WAS DESIGNATED A FEDERAL HOLIDAY AS A DAY OF REMEMBRANCE FOR PRESIDENT RONALD REAGAN, AND THAT GOVERNOR Schwarzenegger ISSUED THE SAME EXECUTIVE ORDER FOR STATE EMPLOYEES.  MS. WATT STATED HIS ORDER DID NOT SPECIFICALLY ADDRESS COUNTY AND CITIES AND THE COUNTY WAS WAITING FOR A CLARIFICATION FROM HIS OFFICE ON THE MATTER.

 

 

14.       Closed Session.

 

A.                   CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

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

CLOSED SESSIONS HELD – NO REPORTABLE ACTION

 

      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))

Names of cases:

1.             County of Napa v. Edward William Schlies, et. al. (Case No. 26-25408)

2.             County of Napa v. O'Neill/Mullin LLC; HNAPAD Associates, et. al. (Case

            No. 26-25407)

            CLOSED SESSIONS NOT HELD

 

3.       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 HELD – NO REPORTABLE ACTION

 


 

Adjournment.

ADJOURNED IN MEMORY OF THE LATE PRESIDENT RONALD REAGAN, TO THE BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, JUNE 15, 2004 AT 9:00 A.M.

 

 

 

______________________________________

MARK LUCE, Chairperson

 

 

 

ATTEST:            _____________________________________

                                    PAMELA MILLER, 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