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.
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.
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
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
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
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)
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.
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.
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
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
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
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
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.
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.
APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6T.
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.
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.
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)].
THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.
THE BOARD DECLARED INTENT TO ADOPT THE ORDINANCE.
8I. 11:15 AM Director of Public Works to provide presentation on Energy Management Plan projects
APPROVED REQUESTS MR-BW-BD-DD-ML R-04-88
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
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).
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.
10. Legislative Items.
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.
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.
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: (One case)
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)
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
ADJOURNED TO THE BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, JUNE 22, 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