MINUTES OF THE
MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF NAPA
June 15, 2004
1. Call
to Order; Roll Call.
THE BOARD OF SUPERVISORS OF THE
COUNTY OF NAPA MET IN REGULAR SESSION ON TUESDAY, JUNE 15, 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
9:05 A.M.
2. Pledge
of Allegiance.
MARY JEAN MCLAUGHLIN, PUBLIC INFORMATION OFFICER, LED THE SALUTE TO THE FLAG.
3. Presentations
and Commendations.
NONE
4. Public
Comment.
DAVID BAKER, EXECUTIVE DIRECTOR, SEIU LOCAL 614, COMMENTED ON THE PROCESS TO ESTABLISH A SUCCESSOR MEMORANDUM OF UNDERSTANDING FOR COUNTY EMPLOYEES AND NOTED THE CLOSED SESSION WITH LABOR NEGOTIATORS SCHEDULED ON TODAY’S BOARD AGENDA. MR. BAKER REFERENCED VARIOUS DOCUMENTS THAT HAVE BEEN PROVIDED TO THE BOARD AND REQUESTED THE BOARD SERIOUSLY CONSIDER THE ANALYSIS PROVIDED BY MARK HENDERSON ON JUNE 11, 2004.
PATRICK
GRIFFITH COMMENTED THAT HE IS AT THE BOARD MEETING TODAY AT THE SUGGESTION OF
SUPERVISOR DILLON. HE LIVES BETWEEN
ANGWIN AND POPE VALLEY ON HOWELL MOUNTAIN ROAD AND INDICATED IN THE PAST TWO
YEARS THERE HAVE BEEN SEVEN ACCIDENTS AT HIS DRIVEWAY. MR. GRIFFITH EXPRESSED HIS CONCERN OVER
THE SUBSTANTIAL INCREASE IN OVERSIZED TRUCKS TRAVELING THE ROAD ILLEGALLY AND
UNSAFELY AND THE POTENTIAL HAZARD FOR THE RESIDENTS ON THE ROAD. MR. GRIFFITH REQUESTED THE BOARD TAKE A
SERIOUS LOOK AT THE ROAD.
SUPERVISOR
DILLON REQUESTED THE APPROPRIATE COUNTY DEPARTMENT DIRECTORS LOOK INTO MR.
GRIFFITH’S COMMENTS AND RESPOND TO HIM ACCORDINGLY.
5. Department
Directors’ Reports and Announcements.
JOHN TUTEUR, ASSESSOR-RECORDER-COUNTY CLERK-REGISTRAR OF VOTERS, REPORTED ON THE INCREASED SECURITY MEASURES IN THE ELECTIONS DEPARTMENT FOR HANDLING BALLOTS FOR THE NOVEMBER ELECTION. HE COMMENTED THE SECURITY MEASURES WILL BE IN PLACE PRIOR TO THE DEPARTMENT RECEIVING THE FIRST BALLOTS IN LATE SEPTEMBER.
Consent Items
6A. Director
of Health and Human Services requests approval of and authorization for the
Chair to
sign the renewal of revenue Agreement No. 4028 with the California Department of Mental Health for a maximum of $692,536 for the term July 1, 2004 through June 30, 2005 for the Napa County Mental Health Managed Care Program. A-4028
6B. Director
of Health and Human Services requests approval of the following actions
regarding
California Department of Alcohol and Drug Programs revenue agreements:
1.
Authorization for the Chair to sign Amendment No. 1 to
Agreement No. 3579 decreasing the amount by $9,655 for a new maximum of
$1,246,559 for Fiscal Year 2003-2004; and A-3579
(AMEND.
1)
2.
Authorization
for the Chair to sign the renewal of Agreement No. 3579 for a maximum of
$3,933,267 for the term July 1, 2004 through June 30, 2008. A-3579
6C. Director of Health and Human Services requests approval of and
authorization for the Chair to
sign Amendment No. 2 to Agreement No. 4724 with
Locumtenens.com, Inc., increasing the amount by $40,000 for a new maximum of
$332,320 to provide psychiatric services to the mental health program. A-4724
(AMEND.
2)
6D. Director
of Health and Human Services requests approval of and authorization for the
Chair to
sign the following amendments regarding counseling services in the Children’s Behavioral Health and Child Welfare Services Programs:
1.
Amendment No. 1 to Agreement No. 6094 with Maureen
O'Shea, Ph.D., increasing the amount by $1,000 for a new maximum of $3,500; and A-6094
(AMEND.
1)
2. Amendment No. 2 to Agreement No. 4149 with Alternatives for Better Living, Inc.,
increasing the amount by
$2,000 for a new maximum of $4,750. (A-4149)
(AMEND.
2)
6E. Director
of Health and Human Services requests approval of and authorization for the
Chair to
sign a revenue agreement with the State of
California Employment Development Department for a maximum of $152,662 for the
term April 1, 2004 through June 30, 2006 to provide youth workforce development
programs. A-6287
6F. Director
of Health and Human Services requests adoption of a resolution approving the
Substance
Abuse and Crime Prevention Act of 2000 County Plan and Budget for Fiscal Year 2004-2005.
R-04-84
6G. Library
Director requests approval of and authorization for the Chair to sign Amendment
No. 2 to
Agreement No. 4456 with the City of American Canyon for provision of public library services.
A-4456
(AMEND.
2)
6H. Director
of Public Works requests adoption of a resolution approving a service plan for
County
Service Area No. 3 in accordance with Chapter 3.10
of the Napa County Code. R-04-85
6I. Director
of Public Works requests approval of and authorization for the Chair to sign
Amendment
No. 1 to Lease Agreement No. 4491 with AmCan Plaza, LLC, for leased space located at 3421 Broadway, Suite E-3, American Canyon, California for the American Canyon Library, for the term July 1, 2004 through June 30, 2009, for a new cost of $69,672 annually. A-4491
(AMEND.
1)
6J. Director
of Public Works requests approval of and authorization for the Chair to sign
Amendment
No. 1 to Agreement No. 6054 with the Napa County
Flood Control District for a maximum of $26,400 for Fiscal Year 2004-2005 and
extending the term through June 30, 2005 to fund and administer the Napa County
Stormwater Management Program. A-6054
(AMEND.
1)
6K. Director of Public Works requests adoption of a resolution and
authorization for Chair to sign a
Certificate of Acceptance and other documents
necessary for the County to accept the dedication of First Avenue, a road
dedicated to the County by Map of Subdivision of Thompson's Soscol Ranch, dated
June 20, 1889. R-04-86
6L. Auditor-Controller requests acceptance of the Fiscal Year
2004-2005 proposed budget for County
Service Area No. 3 with a total appropriation of $238,506.
6M. Auditor-Controller
requests acceptance of the Fiscal Year 2004-2005 proposed budget for County
Service Area No. 4 with a total appropriation of $381,913.
6N. Auditor-Controller
requests the Board accept and instruct the Clerk of the Board to file
Monitoring Reports for programs monitored by Regional
Training Employment on expenditures incurred from October 1, 2002 to June 30, 2003 for the following agreements and
corresponding grants:
1.
County of
Sonoma - INCLUSION and Youth with Disabilities Program - Agreement No. 4940;
2.
County of
Sonoma - Nurse Workforce Initiative Program - Agreement No. 4939; and
3.
Shirley Ware
Education Center - Nurses Workforce Initiative Program - Agreement No. 5088
through March 31, 2003.
6O. County
Counsel requests approval of and authorization for the Chair to sign Amendment
No. 11 to
Agreement No. 3881 with Miller, Starr & Regalia
establishing rates applicable to various time periods for services performed. A-3881
(AMEND.
11)
6P. County
Counsel requests approval of and authorization for the Chair to sign Amendment
No. 2 to
Agreement No. 4761 with Trucker Huss establishing new
rates effective January 1, 2004 to provide specialized tax related legal
services. A-4761
(AMEND.
2)
6Q. County
Executive Officer requests adoption of a resolution authorizing submittal of
two
applications to the California State Association of Counties' annual Challenge Awards Program.
R-04-87
6R. Approve
minutes of the meeting held May 11, 2004.
6S. Approve
minutes of the meeting held May 18, 2004.
6T. Approve
minutes of the meeting held May 25, 2004.
7.
Discussion of
items removed from the Consent Calendar.
NONE
APPROVED
CONSENT CALENDAR ITEMS 6A THROUGH 6T.
BW-MR-BD-DD-ML
Set Matters or Public Hearings
8A. 9:00 AM Recess to the Lake Berryessa Resort Improvement District meeting.
(SEE LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES.)
8B. 9:00 AM Recess to the Napa Berryessa Resort Improvement District meeting.
(SEE
NAPA BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES.)
8C. 9:00 AM Recess to the Silverado Community Services District meeting.
(SEE SILVERADO
COMMUNITY SERVICES DISTRICT MINUTES.)
8D. 9:00 AM Recess to the Monticello Public Cemetery District meeting.
(SEE
MONTICELLO PUBLIC CEMETERY DISTRICT MINUTES.)
8E. 9:30 AM Recess to the Board of Equalization.
(SEE BOARD OF
EQUALIZATION MINUTES.)
8F. 10:00 AM PUBLIC HEARING Director of Public Works and County Counsel request
consideration and possible action pertaining to Napa County Transportation Planning Agency's (NCTPA) requested action to approve the formation of the Napa Valley Transportation Authority ("Authority"), and to approve the Napa Valley Transportation Improvement Expenditure Plan as follows:
1.
Adopt the
Negative Declaration prepared for the formation of the Authority making the
following findings:
a.
Find that the
Board has read and considered the Negative Declaration prior to taking action
on said Negative Declaration and the proposed project.
b.
Find that the
Negative Declaration is based on independent judgment by the Board.
c.
Find that the
Negative Declaration was prepared and considered in accordance with the
requirements of the California Environmental Quality Act.
d.
Find that there
is no substantial evidence in the record as a whole that the project will have
a significant effect on the environment.
e.
Find that the
Conservation, Development and Planning Department is the custodian of the
records of the proceedings on which this decision is based. The records are on
file with the Department at 1195 Third Street, Suite 210, Napa, California.
f.
Find that
considering the record as a whole there is no evidence that the proposed
project will have a potential adverse effect on wildlife resources or habitat
upon which the wildlife depends.
2. Adopt the resolution creating the Authority.
8F. Continued
3.
Appoint two
Board members and alternates to the Authority consistent with the Board's
appointments to NCTPA.
4.
Adopt the
resolution approving the proposed Napa Valley Transportation Improvement
Expenditure Plan for adoption by the Authority.
PUBLIC HEARING OPENED – TESTIMONY PRESENTED
PUBLIC HEARING
CONTINUED TO JUNE 29, 2004 AT 10:45 A.M.
MR-BD-BW-DD-ML
8G. 10:30 AM Director of Public Works requests the following actions:
1. Presentation and request for Measure A funding from the Rutherford Dust Society
regarding its Conceptual Plan for Stabilization and Restoration of the Napa River, Rutherford Reach; and
2. Refer request for funding to staff with direction to set up a Board Workshop at a future date to discuss criteria for allocating Measure A funds.
APPROVED REQUESTS BW-MR-BD-DD-ML
8H. 11:00 AM PUBLIC HEARING First reading and intention to adopt an ordinance of the Board of
Supervisors of the County of Napa, State of California, amending Chapter 1.20 of the Napa County Code pertaining to recovery of costs for nuisance abatement and criminal violations for code violations.
ENVIRONMENTAL
DETERMINATION: General Rule. 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)].
PUBLIC HEARING HELD – NO TESTIMONY PRESENTED
TITLE READ
THE BOARD
WAIVED READING THE BALANCE OF THE ORDINANCE.
BD-MR-BW-DD-ML
THE BOARD
DECLARED INTENT TO ADOPT THE ORDINANCE.
BD-MR-BW-DD-ML
8I. 11:15 AM Director of Public Works to provide presentation on Energy Management Plan projects
and
implementation and request adoption of a resolution authorizing the Chair to
execute related loan agreement documents with the California Energy Commission
(CEC).
APPROVED
REQUESTS MR-BW-BD-DD-ML R-04-88
A-6289
8J. 1:30 PM Recess to the Napa County Flood Control and Water Conservation District meeting.
(SEE NAPA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT MINUTES.)
8K. 2:30 PM Directors of Conservation, Development and Planning, Public Works, Environmental
Management, County Fire Chief and Information Technology Services (ITS) request the following:
1. Approval of and authorization for the Chair to sign an agreement with Accela, Inc. to purchase Accela Automation (Land Management) software and related implementation services to replace the current Permits Plus application, at a cost not to exceed $249,800 in product and services, and $11,200 in reimbursed travel expenses; and
APPROVED REQUEST DD-BW-BD-MR-ML A-6290-1
A-6290-2
2.
Approval of
Budget Transfer No. 80 canceling Building Inspection designations and
increasing appropriations in the ITS budget by $261,000 (4/5 vote required).
APPROVED REQUEST DD-BW-BD-MR-ML BT-80
8L. 3:30 PM PUBLIC HEARING Consideration and possible adoption of a resolution establishing,
increasing and decreasing fees for services provided by the Conservation, Development and Planning Department, Building and Planning Divisions and Department of Public Works.
(STAFF REQUESTS REMOVAL FROM AGENDA. PUBLIC HEARING TO BE RE-NOTICED FOR JUNE 29, 2004 AT 11:15 AM)
REMOVED FROM AGENDA AND WILL BE RENOTICED FOR
JUNE 29, 2004 AT 11:45 A.M.
9.
Administrative
Items.
NONE
10.
Legislative
Items.
NONE
11. Board
of Supervisors' Committee Reports and Announcements.
SUPERVISOR DILLON REPORTED THE CALIFORNIA MENTAL HEALTH DIRECTOR’S ASSOCIATION HELD ITS ANNUAL MEETING LAST WEEK IN NAPA AT THE SILVERADO COUNTRY CLUB AND SHE HAD THE OPPORTUNITY TO WELCOME THE GROUP. SHE INDICATED THERE WERE A LOT OF GOOD ADVOCATES FOR MENTAL HEALTH ISSUES AND THE MEETING WAS VERY INTERESTING.
SUPERVISOR
RIPPEY REPORTED THE TASK FORCE PUT TOGETHER TO WORK ON GAMING ISSUES IN NAPA
COUNTY HELD ITS FIRST MEETING LAST FRIDAY, AND IT WAS ATTENDED BY
REPRESENTATIVES OF NAPA, SOLANO AND SONOMA COUNTIES. YOLO COUNTY WAS NOT IN ATTENDANCE, AS THEY HAD NOT YET MADE THEIR
APPOINTMENTS TO THE TASK FORCE, BUT THEY ARE EXPECTED TO BE AT FUTURE
MEETINGS. THE DISCUSSION FOCUSED ON
BASELINE INFORMATION REGARDING THE STATUS OF GAMING IN OTHER COUNTIES, WHAT IS
POSSIBLE AT THE STATE AND FEDERAL LEVELS, AS WELL AS ORGANIZATIONAL ISSUES ON HOW
THE GROUP WOULD LIKE TO FUNCTION. IN ADDITION,
THE GROUP INTERVIEWED TWO POTENTIAL CONSULTANTS. SUPERVISOR RIPPEY STATED THE TASK FORCE WILL MEET AGAIN SOME
TIME IN JULY.
11.
Board of
Supervisors' Future Agenda Items.
NONE
12.
County
Executive Officer Reports and Announcements.
NANCY WATT, COUNTY EXECUTIVE OFFICER, ANNOUNCED THAT THE BOARD OF SUPERVISORS IS SCHEDULED TO BEGIN FISCAL YEAR 2004-2005 BUDGET HEARINGS ON MONDAY, JUNE 21, 2004 AT 9:00 A.M.
14. Closed
Session.
A.
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Significant exposure
to litigation pursuant to subdivision (b) of Government Code Section 54956.9:
(One case)
CLOSED SESSION HELD – NO REPORTABLE ACTION
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
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
TO THE BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, JUNE 22, 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