MINUTES OF THE

 

MEETING OF THE BOARD OF SUPERVISORS

 

COUNTY OF NAPA

 

November 6, 2001

 

1.                  Call to Order.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, NOVEMBER 6, 2001 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT:  CHAIRMAN MIKE RIPPEY, SUPERVISORS MARK LUCE, MEL VARRELMAN, BILL DODD AND BRAD WAGENKNECHT.

 

2.         Pledge of Allegiance.

            SUPERVISOR MEL VARRELMAN LED THE SALUTE TO THE FLAG.

 

3.            Presentation of Retirement Resolution No. 01-128 to Jeff Cox, Criminal Justice Planner, County Administrator's Office, in recognition of 25 years of service.

            CHAIRMAN RIPPEY PRESENTED RESOLUTION

 

4.         Public Comment

            TOM CAREY, ATTORNEY WITH THE LAW FIRM OF DICKENSON, PEATMAN & FOGARTY, REQUESTED THAT FOLLOWING THE BOARD’S ACTION ON THIS DATE (SEE ITEM NUMBER 45) TO ADOPT RESOLUTION IMPLEMENTING ITS INTENDED DECISION ADOPTING   NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 00-01, JOHN ASWAD AND JOHN CAMPAGNA-LAKEVIEW BOAT STORAGE, LLC, SUBJECT TO A VOTE OF THE PEOPLE PURSUANT TO MEASURE J, THAT THE BOARD CONSIDER ALSO ADOPTING A RESOLUTION CALLING A SPECIAL ELECTION TO CONSIDER THE PROPOSED REZONING AT THE SAME TIME AS THE GENERAL PLAN AMENDMENT.  MR. CAREY ADVISED THE BOARD THAT TO DO THE ABOVE WOULD ENTAIL IMMEDIATE ENVIRONMENTAL REVIEW BY STAFF.

 

            SUPERVISOR DODD MADE A MOTION, SECONDED BY

            SUPERVISOR WAGENKNECHT TO DIRECT STAFF TO CALL A SPECIAL ELECTION ON THE PROPOSED REZONING, HOWEVER, FOLLOWING  DISCUSSION, THE MOTION WAS WITHDRAWN.

             

5.            Department Heads’ Reports and Announcements.

ACTING LIBRARY DIRECTOR JANET MCCOY ANNOUNCED THE OPENING OF THE AMERICAN CANYON LIBRARY ON NOVEMBER 28, 2001.   

 

 

 

 

 

Consent Calendar

 

 

6.         Chief Probation Officer requests approval of and authorization for Chairman to sign an agreement with Dana Talbot for a maximum of $50,000 for the term October 1, 2001 through June 30, 2002 for provision of assessment, information and referral services for the Napa County Crime Prevention Act 2000 (AB1913) Program.

                                                                                                                                    A-4623

 

7.         Chief Probation Officer requests approval of and authorization for Chairman to sign an agreement with the Napa County Office of Education for $10,000 for the term July 1, 2001 through June 30, 2002 to provide training on parenting, social and employment skills to male minors on probation.

                                                                                                                                    A-4264

 

8.         Napa Special Investigations Bureau (NSIB) Governing Board requests approval of Budget Transfer No. 41 for $16,750 from the Asset Forfeiture Trust to upgrade the Bureau’s computer system.

                                                                                                                                    BT-41

 

9.         Sheriff requests approval of and authorization for Chairman to sign an agreement with Moore K-9 Services for $4,800 for the term July 1, 2001 through June 30, 2002 for canine-related services.

                                                                                                                                    A-4625

 

10.            Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 3784 with ARC-Solano for a maximum of $27,000 for the term July 1, 2001 through June 30, 2002 to provide day treatment program services.

                                                                                                                                    A-3784

 

11.            Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4251 with CyberMill, Inc. for a maximum of $26,000 for the term July 1, 2001 through June 30, 2002 to provide vocational training and treatment services to clients of the Children's Behavioral Health Program.

                                                                                                                                    A-4251

 

12.            Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 3960 with Solano Diversified Services, Inc. for a maximum of $17,790 for the term July 1, 2001 through June 30, 2002 for client mental health services.

                                                                                                                                    A-3960

 

13.            Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4337 with Daniel Lott, Ph.D., for a maximum of $7,064 for the term July 1, 2001 through June 30, 2002 to provide counseling services in the Children's Behavioral Health and Child Welfare Services Programs.

                                                                                                                                    A-4337

 

14.            Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 3534 with Mental Health Consumer Concerns for a maximum of $76,762 for the term July 1, 2001 through June 30, 2002 to provide mental health patient rights advocacy services.

                                                                                                                                    A-3534

 

15.            Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 3662 with the California Department of Health Services for a maximum of $101,838 for the term July 1, 2001 through June 30, 2004 for the Housing Opportunities for Persons With AIDS (HOPWA) Program.

                                                                                                                                    A-3662

 

16.            Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign renewals of the following agreements with Bayberry, Inc. for the term July 1, 2001 through June 30, 2002:

 

A.            Agreement No. 4266 for a maximum of $31,500 to provide respite services; and

                                                                                    A-4266

 

B.            Agreement No. 4463 for a maximum of $56,000 to provide therapeutic behavioral services.

                                                                                                            A-4463

 

17.            Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign renewals of the following agreements with Buckelew Programs for the term July 1, 2001 through June 30, 2002:

 

A.            Agreement No. 3569 for a maximum of $280,173 for adult residential mental health services;

                                                                                                A-3569

 

B.            Agreement No. 4015 for a maximum of $53,401 to provide bilingual and bicultural liaison to board and care facilities; and

                                                                                                A-4015

 

C.            Agreement No. 4065 for a maximum of $90,702 to provide supportive living services to adult mental health clients.

                                                                                                A-4065

 

18.            Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 2156 with Progress Foundation for a maximum of $1,114,106 for the term July 1, 2001 through June 30, 2002 for the operation of mental health residential facilities.

                                                                                                                        A-2156

 

 

 

 

19.            Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign an agreement with ALDEA, Inc. for a maximum of $554,696 for the term July 1, 2001 through June 30, 2002 to provide mental health services.

                                                                                                                                    A-4622

 

20.            Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign an agreement with Yvonne Fuqua for a maximum of $4,000 for the term July 1, 2001 through June 30, 2002 to provide assistance to the Emergency Medical Services Administrator.

                                                                                                                                    A-4626

 

21.              Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign an agreement with Victor Kogler for a maximum of $5,000 for the term July 1, 2001 through June 30, 2002 to provide consultation regarding the funding of the Alcohol and Drug Prevention services.

A-4627

 

22.            Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the following agreements for the term July 1, 2001 through June 30, 2002 to provide services in the Mental Health Outpatient Managed Care Program:

 

A.            Agreement with Charles R. Hudson, M.D., for a maximum of $2,500; and

                                                                                                A-4628

 

B.            Agreement with Syed Kazmi, M.D., for a maximum of $5,000.

                                                                                                                                    A-4629

 

23.            Director of Health and Human Services Agency requests the following actions related to the Ryan White Comprehensive AIDS Resources Emergency (CARE) Program for the term April 1, 2001 through March 31, 2004:

 

A.            Approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 3110 increasing the amount by $15,831 for a new maximum of $160,179; and

                                                                                                A-3110

                                                                                                                                    (AMEND. 1)

 

                        B.            Approval of Budget Transfer No. 44 increasing appropriations by $15,831 with offsetting revenue in Public Health.

                                                (4/5 Vote Required)

                                                                                                                                    BT-44

 

24.            Director of Public Works requests authorization for Chairman to sign letters to the California Air Resources Board (CARB) and the Environmental Protection Agency (EPA) in support of the EPA's approval of the 2001 Bay Area Ozone Attainment Plan.

 

 

 

25.            Director of Public Works requests authorization to remove a bus shelter from the Public Works Property List.

 

26.            Director of Public Works requests approval of and authorization for Chairman to sign a lease agreement with James and Nancy Duncan for office space located at 1832

Soscol Avenue, Napa, for use by the Grand Jury at a monthly cost of $434 for the term November 12, 2001 through June 30, 2003.

                                                                                                                                    A-4630

 

27.            Director of Public Works requests approval of and authorization for Chairman to sign Amendment No. 4 to Agreement No. 4213 with O'Mahony & Myer increasing the amount by $2,500 for a new maximum of $69,826 for an electrical systems survey and analysis of the Criminal Courts Building's emergency electrical loads.

                                                                                                                                    A-4213

                                                                                                                                    (AMEN. 4)

 

28.            Director of Public Works/Aviation requests authorization for Chairman to sign a Certificate of Acceptance of an Avigation and Hazard Easement Deed from Angela and David Troppy.  (Assessor's Parcel No. 047-230-041)

 

29.       Acting Library Director requests approval to accept the following:

 

A.            Two grants from the Library Foundation totaling $37,500 for literary services; and

           

B.            A grant from the federal Library Services and Technology Act for $6,385 for the Public Library Staff Education Program.

 

30.       Acting Library Director requests authorization to purchase additional advertising through Inform Public Relations at a cost of $1,505.

 

31.       Acting Library Director requests approval of Budget Transfer No. 42 increasing appropriations by $43,750 and decreasing designated reserves for the American Canyon Library by $43,750 to purchase books and materials for the American Canyon Branch Library.  (4/5 Vote Required)

                                                                                                                                    BT-42

 

32.       Clerk of the Board requests appointment of Michael Moffett, representing the Business Community, on the Measure A Financial Oversight Committee with the term of office to expire January 1, 2004.

 

33.       Job Training Director requests authorization for Chairman to sign a grant application for $350,000 from the Governor's 15% Discretionary funds to provide Knowledge Administrator training to Adults and Dislocated Workers.

 

 

 

 

 

34.       Job Training Director requests approval of and authorization for Chairman to sign an agreement with the State of California Employment Development Department for a maximum of $233,333 for the term March 1, 2001 through September 30, 2002 to provide an after school youth program.

                                                                                                                                    A-4642

 

35.       Job Training Director requests authorization to change the Job Connection's Employment Network Center's hours by extending open hours of service on Wednesdays from 5:00 P.M. to 8:00 P.M. beginning November 7, 2001.

 

36.            Regional Coordinator requests authorization for Chairman to sign a grant application for $311,450 from the Governor's 15% Discretionary funds to assist with the implementation of the Workforce Investment Act in the North Bay region.

 

37.            Regional Coordinator requests approval of and authorization for Chairman to sign an agreement with Lynne Vaughan, dba Resources for Innovation, for a maximum of $10,000 for the term October 1, 2001 through June 30, 2002 to provide evaluation services for a project with the United States Department of Labor, Office of Disability Employment Policy.

                                                                                                                                    A-4631

 

38.            Regional Coordinator requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4577 with Carrie Hays, dba The Halle Group, increasing the amount by $14,500 for a new maximum of $31,800 and extending the term through June 30, 2002 to provide training services to the Napa Valley Workforce Investment Board.

                                                                                                                                    A-4577

                                                                                                                                    (AMEND. 1)

 

39.       County Administrator requests the following actions related to grants:

 

A.            Acceptance of a $38,338 grant and a $6,250 grant for dealing with weapons of mass destruction/terrorism incidents and authorization for County Administrator to sign;

 

B.            Acceptance of a $6,102 supplemental grant from the Federal Emergency Management Agency and authorization for County Administrator to sign; and

 

C.            Approval of Budget Transfer No. 43 appropriating $50,690 in Services and Supplies with offsetting revenue. 

                  (4/5 Vote Required)

                                                                                                                                    BT-43

 

 

 

 

 

 

40.            Discussion of items removed from the Consent Calendar.

NONE

 

APPROVED CONSENT CALENDAR NUMBERS 6 THROUGH 40.

                                                                                    V-BW-L-D-R

 

 

Set Matters

 

 

41.       9:05 a.m. - Special Meeting:

 

            Board of Supervisors sitting as the Board of Directors of the Lake Berryessa Resort Improvement District:

            (SEE LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)

 

42.       9:10 a.m. - Special Meeting:

 

            Board of Supervisors sitting as the Board of Directors of the Nap- Berryessa Resort Improvement District:

            (SEE NAPA-BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)

 

43.       9:15 a.m. - District Attorney and Director of Health and Human Services Agency to present status reports on the Public Administrator/Public Guardian, elder abuse protocols and

            long-term care.

            STATUS REPORTS PRESENTED

 

44.       9:20 a.m. - Presentation by the In-Home Supportive Services (IHSS) Advisory Board on the status of AB 1682 In-Home Supportive Services Employer of Record.

            PRESENTATION MADE

 

45.       9:20 a.m. - Board to consider and possibly adopt a resolution implementing its intended decision adopting a negative declaration and approving General Plan Amendment No. 00-01, John Aswad and John Campagna-Lakeview Boat Storage, LLC, subject to a vote of the people pursuant to Measure J.

            ADOPTED RESOLUTION                                 BW-D-L-V-R              R-01-134

 

 

 

 

 

 

 

 

 

 

 

 

 

46.       9:30 a.m. - Public Hearing  - Board to consider appeal filed by Michael Zatkin, Attorney on behalf of Anthony Truchard, Eve Kahn, Ginny Simms and Get A Grip On Growth to an August 1, 2001 decision by the Conservation, Development and Planning Commission to approve Carneros Partners, Inc. – Use Permit Request No. 98511-UP to establish a 100-unit resort, including the construction of lodge structures and guest cottages, a 100-seat restaurant with indoor and outdoor seating, banquet and meeting rooms, a maximum 10,000 square foot retail facility including food and post office, administrative offices, recreational improvements, water treatment and sewage treatment facilities, a 10,000 square foot public square and parking for 191 vehicles, located on three parcels totaling 10.48 acres adjacent to and northeast of the intersection of State Highway 12/121 (Carneros Highway) and Old Sonoma Highway within a Commercial Limited (CL) Zoning District (Assessor’s Parcel Nos. 047-110-025 and 047-110-026), and "access parcel" (Assessor’s Parcel No. 047-110-019) within an Agricultural Watershed (AW) Zoning District.  The proposed project is adjacent to, and integrated with, the Carneros Inn Recreational Vehicle Park/Mobile Home Park Facility under construction (pursuant to Use Permit No. 98290-MOD), and is more fully described and evaluated in the Draft Environmental Impact Report for Carneros Lodge, the written public comment period for which was advertised and held between April 19 and June 4, 2001.  Environmental Determination: Environmental Impact Report Prepared.  (APPLICANT REQUESTS CONTINUANCE TO JANUARY 22, 2002 AT

            9:30 A.M.)

            PUBLIC HEARING OPENED – NO TESTIMONY PRESENTED

 

            PUBLIC HEARING CONTINUED TO JANUARY 22, 2002 AT 9:30 A.M.

                                                                                    BW-L-V-D-R

 

 

Regular Calendar

 

 

47.       Sheriff requests approval of and authorization for Chairman to:

 

A.            Find that an emergency exists, under Government Code Section 54974(b), to necessitate empanelment of a Dangerous Animal Hearing Panel, under Napa County Ordinance 6.16.070, to determine whether a dog is a danger to the residents of the County and a public nuisance;

 

B.            Appoint, on an ad hoc basis, a Dangerous Animal Hearing Panel consisting of Mary Mattioda, Lonna Borge and Greg Clark to serve pending permanent appointment of panel members by the Board of Supervisors; and

 

 

 

 

 

 

 

 

47.              Continued

 

C.            Authorize staff to solicit permanent members of the Dangerous Animal Hearing Panel from the general public and return to the Board of Supervisors by the end of calendar year 2001 with policies and procedures for the panel’s appointment.

APPROVED AMENDING ITEM B TO AUTHOIZE THE SHERIFF TO APPOINT, ON AN ADHOC BASIS, A DANGEROUS ANIMAL HEARING PANEL (RATHER THAN THE BOARD OF SUPERVISORS).

                                                                        V-BW-L-D-R

 

48.            Discussion and possible action regarding legislation.

            NONE

 

49.       Board of Supervisors’ Committee Reports and Announcements.

            NONE

 

50.       Board of Supervisors’ Future Agenda Items.

            NONE

 

51.       Closed Session regarding:

 

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)            Napa Citizens for Honest Government, et al., v. Napa County Board of Supervisors, Panattoni Development Co., (Real Parties in Interest), (Case No. 26-11414); and

 

iii)            Napa Citizens for Honest Government, et al., v. Napa County Board of Supervisors, Napa Valley Gateway, Limited, (Real Parties in Interest), (Case No. 26-14436)

           

            B.         Conference with Legal Counsel – Anticipated Litigation.

 

Significant exposure to litigation pursuant to Government Code Section 54956.9(b):  (Two Cases)

            CLOSED SESSION HELD – NO REPORT

 

C.            Public Employee Appointment (Government Code Section 54957).

 

Title:  Library Director

 

 

51.       Continued

 

 

CLOSED SESSION HELD – BY UNANIMOUS VOTE THE BOARD APPOINTED JANET MCCOY, LIBRARY DIRECTOR, AS AN AT WILL POSITION.

 

Adjournment

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, NOVEMBER 13, 2001 AT 9:00 A.M.

 

 

                                                                                                                                                           

MIKE RIPPEY, CHAIRMAN

 

 

ATTEST:

 

 

MARY JEAN MCLAUGHLIN

Clerk of the Board of Supervisors

 

 

                                                           

TERI SISSON

Supervising Clerk of the Board

 

 

KEY

 

 

Vote:   L = Mark Luce; R = Mike Rippey; V = Mel Varrelman; D= Bill Dodd;

BW = Brad Wagenknecht

Notations under Vote:  N = No; X = Excused; A = Abstain