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.
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.
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
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
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)
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