MINUTES OF THE
MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF NAPA
July 23, 2002
1. Call to Order.
THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, JULY 23, 2002 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRMAN BILL DODD, SUPERVISORS BRAD WAGENKNECHT, MIKE RIPPEY, MEL VARRELMAN AND MARK LUCE.
2. Pledge of Allegiance.
HERBERT FORD LED THE SALUTE TO THE FLAG.
3. Public Comment.
TERRENCE KEENAN COMMENTED THAT HE HAD MADE A REQUEST TO THE COUNTY FOR CERTAIN PUBLIC RECORDS DEALING WITH EDGERLY ISLAND TWO WEEKS AGO AND HAD NOT YET RECEIVED ANY RESPONSE TO HIS REQUEST.
4. Department Heads’ Reports and Announcements.
5. Closed Session:
A. Conference With Legal Counsel – Anticipated Litigation
Significant exposure to litigation pursuant to Government Code
Section 54956.9(b): (Three (3) cases)
B. Public Employee Appointment (Government Code
Title: Director of Health and Human Services/Public Conservator
CLOSED SESSION HELD - NO REPORT
6. Chief Probation Officer requests the following actions to transfer oversight of the Peer Court Program from the Superior Court to the Probation Department:
A. Approval of and authorization for Chairman to sign an agreement with Isadora Asch for $32,000 for the term July 23, 2002 through June 30, 2003 for coordination of all Juvenile Peer Court activities; and A-4802
B. Approval of Budget Transfer No. 5 appropriating $32,000 in the Probation Department budget with offsetting revenue from Central Services-Court Payments. (4/5 Vote Required) BT-5
7. Director of Child Support Services requests approval of and authorization for the Director to sign the Annual Automation Cooperation Agreement with the California Department of Child Support Services extending the term through December 31, 2002 for the automation program.
8. Acting Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4348 with J. Michael Murphy, Ed.D., for a maximum of $13,860 for the term July 1, 2002 through June 30, 2003 to provide consultation services regarding at-risk children. A-4348
9. Acting Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4657 with Nadhan, Inc., for a maximum of $91,200 for the term April 1, 2002 through June 30, 2003 to provide inpatient mental health treatment services. A-4657
10. Acting Director of Health and Human Services requests approval of and authorization for Chairman to sign the following agreements to provide counseling services in the Children’s Behavioral Health and Child Welfare Services Programs for the terms May 1, 2002 through June 30, 2003:
A. Agreement with Renee Lee, MFT, for a maximum of $2,000; and
B. Agreement with Juanita Shoopman, LCSW, for a maximum of $5,000.
11. Director of Public Works requests the following actions regarding the Napa County Residential Stabilization Center:
A. Approval of and authorization for Chairman to sign a lease agreement with the California Department of Mental Health for the term August 1, 2002 through July 31, 2007 for a monthly rate of $1,511.88; and A-4801
B. Adoption of a resolution authorizing the execution of the lease for building space located at the Napa State Hospital. R-02-143
12. Director of Public Works requests approval of and authorization for Chairman to sign the following agreements:
A. Amendment No. 1 to Space Agreement No. 4341 with Calistoga Joint Unified School District, for classroom space at Calistoga Elementary School, for Health and Human Services, for the term July 1, 2002 through June 30, 2003; A-4341
B. Amendment No. 13 to Agreement No. 2002 with the City of St. Helena, for lease space located at the City Council Chamber Room for small claims court, for the term July 1, 2002 through June 30, 2003 for a new cost of $70 for each day used; A-2002
C. Amendment No. 6 to Agreement No. 2955 with Robert Louis Stevenson Plaza Association, for lease space located at 1700 Second Street, Suite 303, for the term July 1, 2002 through June 30, 2005 at a monthly cost of $2,842; and A-2955
D. Amendment No. 2 to Lease Agreement No. 3598 with Third Street Properties, LLC, for lease space at 1500 Third Street, Suites 4-7, for Health and Human Services, for the term July 1, 2002 through June 30, 2005 at a monthly cost of $5,363. A-3598
13. Director of Public Works requests approval of and authorization for Chairman to sign Amendment No. 3 to Professional Services Agreement No. 4395 with BD Morgan Investigations Group, for security services for various County buildings, for the term July 16, 2002 through June 30, 2003 at a weekly cost of $2,546. A-4395
14. Director of Public Works requests approval of and authorization for Chairman to sign a Right of Entry agreement for the term July 23, 2002 to December 31, 2002 permitting Syar Industries, at no cost to the County, to relocate a portion of the Skyline Trail which now falls on Syar land to within Skyline Park boundaries.
REMOVED FROM AGENDA
15. Director of Public Works requests approval of Budget Transfer No. 136, increasing Fiscal Year 2001/2002 appropriations in Equipment Pool (Fund 4010) by $60,000, with offsetting over-realized revenue. (4/5 Vote Required) BT-136
16. Director of Public Works requests the Board approve the reduction of retention from 10% to 5% for the Health and Human Services Agency Project, Building B Kitchen and Building K Remodel, PW 01-01.
17. Director of Public Works/Aviation requests authorization for Director of Public Works/Aviation to sign all Federal Aviation Administration (FAA) and State of California Grant documents for projects contained in the Airport Capital Improvement Program as approved in the current Fiscal Year budget.
18. Director of Public Works/Aviation requests acceptance of the work as complete and authorization for Chairman to sign and file a Notice of Completion with the Clerk/Recorder for Contract No. PW 01-12, “Napa County Airport -Taxiway ‘J’ Phase I Project.”
19. County Counsel requests approval of and authorization for Chairman to sign an agreement with Mervin Lernhart for the term July 1, 2002 through June 30, 2003 for a maximum of $227,940 for conflict public defender services. A-4800
20. Information Technology Services Director requests approval of and authorization for Chairman to sign Amendment No. 3 to Agreement No. 4334 with Megabyte Systems increasing the monthly amount by $4,112.28 for a new annual maximum of $132,020.28 and amending the scope of services for the maintenance of the Property Tax System.
21. Information Technology Services Director requests approval of and authorization for Chairman to sign an agreement with Fakouri Electrical Engineering, Inc. for a maximum of $8,000 for the term July 1, 2002 through June 30, 2003 for maintenance and emergency services. A-4805
22. Job Training Director requests approval of and authorization for Chairman to sign renewals of the following agreements for the terms July 1, 2002 through June 30, 2003 for client job skills training:
A. Renewal of Agreement No. 4557 with Boston Reed Company, Inc. for a maximum of $10,000; and A-4557
B. Renewal of Agreement No. 4573 with Joyce A. Seymour, dba Falcon Truck School, for a maximum of $15,000. A-4573
23. Job Training Director requests approval of and authorization for Chairman to sign the California Rapid Response Assistance Application for a maximum of $180,000 for the term July 1, 2002 through June 30, 2003 to provide dislocation services to clients.
24. Job Training Director requests authorization for Auditor-Controller to pay claim over one year old totaling $230 to Palkar, dba Alkar Human Resources & Computer Training, for client job skills training.
25. Library Director requests the following actions to purchase new shelving units for the adult fiction and biography areas and the young adult area of the Napa City-County Library:
A. Authorization to accept a donation in the amount of $16,000 from the Friends of the Napa Library;
B. Approval of Budget Transfer No. 6, transferring $8,000 within the Library budget (4/5 Vote Required); and BT-6
C. Waiver of competitive bidding requirements and authorization to make a sole source award for the purchase of shelving for the Napa City-County Library from the Ross McDonald Company, Inc., of Livermore, California, for the total amount of $58,999.
26. Acting Personnel Director requests adoption of a resolution amending the Departmental Allocation List and Table and Index with regard to deleting one (1) Bookmobile Operator and adding one (1) Senior Library Assistant position, effective August 3, 2003.
27. Regional Coordinator of Napa, Solano, Sonoma and Marin counties request approval of and authorization for Chairman to sign a grant application with the State of California Employment Development Department in the amount of $2,700,000 for the term October 1, 2002 through September 30, 2005 for the Nurse Workforce Initiative.
28. County Executive Officer requests adoption of a resolution appointing Bruce Heid to the Director of Health and Human Services position, with initial salary set at Step 3 of the Salary Schedule, effective immediately.
HELD FOR DISCUSSION
APPROVED V-L-R-BW-D R-02-145
29. Approve minutes of Board of Supervisors’ meeting of June 4, 2002.
30. Discussion of items removed from the Consent Calendar.
AGENDA ITEM NUMBER 14 REMOVED FROM THE AGENDA .
AGENDA ITEM NUMBER 28 WAS HELD FOR DISCUSSION.
APPROVED CONSENT CALENDAR NUMBERS 6 THROUGH 13 AND 15 THROUGH 29, AS AMENDED.
31. 9:15 a.m. - Clerk of the Board to report on the results of the tabulation of ballots pertaining to the levy of assessments for County Service Area No. 4.
32. 9:30 a.m. - Board of Supervisors meeting as a Board of Equalization.
(SEE BOARD OF EQUALIZATION MINUTES.)
33. 9:30 a.m. - Public Hearing - Appeal filed by Irving Thomas to the Conservation, Development and Planning Director’s decision of September 5, 2001 to approve AT&T Wireless/Edgar Ilsley – Site Plan Approval Request No. 00383-SPA to (a) remove four 13-foot “whip” antennas from an existing 10-foot tall unmanned concrete building on the site; (b) add six unmanned AT&T Wireless Panel Antennas, each with a height of 8 feet, a depth of approximately 6.3 inches and a width of 11.6 inches mounted approximately 4 feet above the top of and on the south and west elevations of the same existing building; (c) replace an existing open mesh circular antenna dish attached to the southwest corner of the uninhabited concrete building with a new solid antenna with a diameter of approximately 10 feet; and (d) add new power and telecom connections to existing equipment, located on a 114.10+ acre parcel on the east side of Silverado Trail at the terminus of a private access road within an Agricultural Watershed (AW) Zoning District. (Assessor’s Parcel No. 032-530-023) 6280(A) Silverado Trail, Yountville. Environmental Determination: None Required (Ministerial Act).
(Continued from December 11, 2001, January 29, February 19, March 12, April 30 and
June 4, 2002)
BOARD ACCEPTED WITHDRAWAL OF APPEAL.
34. 10:00 a.m. - Public Hearing - Appeal filed by Carl Lenzi, Giovanni Scala, Walter Hampe and Jay Johnson to a decision by the Conservation, Development and Planning Director on February 8, 2002 to approve Verizon Wireless/Rick and Patricia Rentschler – Site Plan Approval Request No. 01095-SPA to establish an unmanned communications facility consisting of: (1) installation of eight new panel antennas, each approximately 48 inches tall, 12 inches in width and 8 inches in depth located within an extension of an existing detached accessory structure; and (2) construction of an 8 foot tall approximately 34 square foot extension to an existing detached accessory structure (garage/barn) with an existing height of 26 feet to house the panel antennas. This extension to be constructed of permeable fiberglass, designed and painted to match the existing structure; (3) construction of a new freestanding detached equipment building measuring approximately 12 feet in length, 20 feet in width and 11 feet in height to be located within a 20 foot by 30 foot lease area. This building to include a power cabinet, radio cabinet, electrical and telephone cabinets and related support equipment; (4) construction of a Global Position Satellite antenna on top of the detached equipment shed; (5) install a 6-foot tall chain link fence surrounding the lease area; (6) add a 10-foot wide band of crushed gravel around the concrete pads supporting the equipment cabinets; (7) install a new, unpaved parking area of approximately 200 square feet adjacent to the new facility; (8) provide underground trenching for service connection between the proposed equipment shed and the existing building housing the panel antennas (one trench approximately 350 feet in length); (9) providing underground trenching for power and telecom between the proposed equipment shed and existing power pole on the site (approximately 140 feet in length); and (10) installation of new facility identification signs as required by the County Telecommunication Ordinance, located on a 3.66 acre parcel on the east side of Silverado Trail near the intersection of Silverado Trail and Oak Knoll Avenue in an Agricultural Watershed (AW) Zoning District. (Assessor’s Parcel
No. 039-580-009) 5032 (V) Silverado Trail, Napa. Environmental Determination: None
Required (Ministerial Act). (Continued from April 9, May 7 and June 4, 2002; Staff requests
continuance to August 13, 2002 at 9:30 a.m.)
PUBLIC HEARING CONTINUED TO AUGUST 13, 2002 AT 9:30 A.M.
35. 10:25 a.m. - Public Hearing - First and final reading and adoption of Zoning Ordinance Text Amendment Request No. 02225-ORD of the Napa County Board of Supervisors to amend Chapter 18.108 (Conservation Regulations), Section .050 (Exemptions), Subsections I and J of the Napa County Code to: a) eliminate the current exemption from the County’s Conservation Regulations for timberland conversions authorized by a State Department of Forestry Timberland Conversion Permit; b) clarify that the current exemption does not apply to the State Department of Forestry's Less Than Three-Acre Timberland Conversion Exemptions; c) clarify when vegetation clearing/grading, authorized by other state or federal permits, is exempt from County regulation; and, d) clarify the extent of the County’s jurisdiction on projects other than timberland conversions when a portion of the project is authorized by a state or federal permit. Environmental Determination: Categorically Exempt. (Continued from July 16, 2002)
PUBLIC HEARING HELD
THE BOARD WAIVED READING BALANCE OF ORDINANCE
ADOPTED ORDINANCE V-BW-R-L-D O-1203
36. 10:30 a.m. - Public Hearing - Director of Conservation, Development and Planning requests the following actions in relation to Urgency Ordinance No. 1199:
A. Review of Conservation, Development and Planning Department’s report prepared pursuant to Government Code Section 65858(d) regarding the measures taken to alleviate the conditions which led to adoption of the ordinance; and
C. Discussion, first and final reading and possible adoption of an Ordinance extending Urgency Ordinance No. 1199 for a period of 10 months and 15 days to prohibit issuance of any permits or approvals for projects involving the conversion of land within 150 feet of Class I and II streams and 25 feet of Class III streams as recommended by the Napa River Watershed Task Force Phase II Report. Environmental Determination: Categorical Exemption: (Class 8) Action by Regulatory Agency for Protection of the Environment (14 CCR 15308).
PUBLIC HEARING HELD
THE BOARD WAIVED READING BALANCE OF ORDINANCE BW-R-V-L-D
APPROVED, AS AMENDED BW-R-V-L-D O-1204
37. 3:00 – 6:00 p.m. - Recess to Napa City Council community bus tour:
A. Johnny Miller property located north of the former Tom Foolery (Old Trancas Crossing) as a possible River Launch Park.
B. Napa Resort and Spa (old garbage company site) – proposed hotel site located at the corner of Clay Street and Silverado Trail.
C. Kennedy Park Ball Fields.
D. Kennedy Park Remote Control Air Strip.
D. Napa Municipal Golf Course (Kennedy) Club House.
BUS TOUR HELD
38. Discussion and possible action regarding legislation.
THE BOARD AGREED TO CHANGE THEIR POSITION FROM OPPOSITION TO “WATCH” ON AB 1243 WHICH REQUIRES THAT ON JANUARY 1, 2004, THE METROPOLITAN TRANSPORTATION COMMISSION (MTC) BE RENAMED THE BAY AREA LAND USE AND TRANSPORTATION COMMISSION AND ASSUME LAND USE RESPONSIBILITIES OF THE ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG).
39. Board of Supervisors’ Committee Reports and Announcements.
40. Board of Supervisors’ Future Agenda Items.
ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,
JULY 30, 2002 AT 9:00 A.M.
Supervising Clerk of the Board
L = Mark Luce; R = Mike Rippey; V = Mel Varrelman; D= Bill Dodd; BW = Brad Wagenknecht
Notations under Vote: N = No; X = Excused; A = Abstain