MINUTES OF THE
MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF NAPA
July 9, 2002
1. Call to Order.
THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, JULY 9, 2002 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: VICE-CHAIRMAN BRAD WAGENKNECHT, SUPERVISORS MIKE RIPPEY, MEL VARRELMAN AND MARK LUCE. CHAIRMAN BILL DODD WAS EXCUSED.
2. Pledge of Allegiance.
ALICE HUGHEY, MANAGEMENT ANALYST III IN THE COUNTY EXECUTIVE OFFICE, LED THE SALUTE TO THE FLAG.
3. Public Comment.
RANDY GALARTE, REPRESENTING THE NAPA YOUTH SPORTS COMMISSION, SUBMITTED LETTER AND URGED THE BOARD TO PLAY A ROLE IN SUPPORTING RECREATION IN NAPA COUNTY. HE REQUESTED POSSIBLE PROPOSITION 12 AND PROPOSITION 40 FUNDING THAT MAY COME AVAILABLE FOR SPORTS PROGRAMS, FIELD CONSTRUCTION AND MAINTENANCE.
4. Department Heads’ Reports and Announcements.
NAPA COUNTY DISTRICT ATTORNEY GARY LIEBERSTEIN INTRODUCED NEW
INVESTIGATOR ALICE JARAMILLO, WHOSE POSITION IS FUNDED BY THE $1 PER VEHICLE REGISTRATION FEE FOR INVESTIGATION PROSECTION OF DUI’S, VEHICLE MANSLAUGHTERS, AND AUTO THEFT. MR. LIEBERSTEIN ADVISED THE BOARD OF MS. JARAMILLO’S BI-LINGUAL, BI-CULTURAL BACKGROUND, WHICH WILL ENABLE HER TO PROVIDE OUTREACH TO THE LATINO COMMUNITY.
MS. JARAMILLO THANKED THE BOARD FOR SUPPORT OF THE POSITION.
ASSESSOR-RECORDER/COUNTY CLERK JOHN TUTEUR REPORTED ON THE ASSESSMENT ROLL.
COUNTY EXECUTIVE OFFICER JAY HULL ANNOUNCED HIS IMPENDING RETIREMENT ON NOVEMBER 8, 2002.
5. Chief Probation Officer requests approval of and authorization for Chairman to sign an agreement with Community Health Clinic Ole for $4,950 for the term July 9, 2002 through June 30, 2003 for delivery of Gang Awareness Training to Juvenile Hall wards.
6. Director of Corrections requests approval of and authorization for Chairman to sign the following agreements for the term July 1, 2002 through June 30, 2003 for the provision of counseling services for inmates:
A. Agreement with Alternatives for Better Living for a maximum of $37,800; and
B. Agreement with Community Action of Napa Valley for a maximum of $12,970.
7. Sheriff requests approval of Budget Transfer No. 134 increasing Fiscal Year 2001/2002 appropriations by $9,400 with offsetting revenue from the Community Services Trust account to cover travel expenses.
(4/5 Vote Required)
8. Auditor-Controller requests acceptance of, and instruction to the Clerk of the Board to file, the Audit Report of the Napa Special Investigations Bureau for the fiscal year ended June 30, 2001. (Report on file with Clerk of the Board)
9. Treasurer/Tax Collector requests approval of the application for Discharge of Accountability, filed with the Board of Supervisors, pertaining to certain uncollectable tax bills totaling $22,385.44. (List on file with the Clerk of the Board)
10. Acting Director of Health and Human Services requests approval of the 2003-2005 Promoting Safe and Stable Families Plan for submission to the California Department of Social Services.
11. Acting Director of Health and Human Services requests approval to apply for a grant for an amount up to $50,000 from the Public Health Institute to integrate the CalWORKs and Child Welfare Services Programs into a single service delivery model.
12. Acting Director of Health and Human Services requests approval to terminate Grant and License Agreement No. 4655 with Catholic Charities, Inc., effective August 9, 2002.
13. Acting Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4442 with Community Resources for Children for a maximum of $10,000 for the term July 1, 2002 through June 30, 2003 to provide emergency child care.
14. Acting Director of Health and Human Services requests approval of and authorization for Chairman to sign Amendment No. 6A to Agreement No. 3668 with the City of Napa for a maximum of $132,178 and extending the term through June 30, 2003 for a Family Self-Sufficiency Coordinator.
15. Acting Director of Health and Human Services and Compliance Officer request acceptance of the Compliance Program Quarterly Report for the period ending June 30, 2002.
16. Director of Public Works requests approval of Budget Transfer No. 131 transferring $1,838,500 from Local Court Revenue and the Courthouse Construction Fund to the Capital Improvement Program budget (Fund 1000, BU 16000) relating to certain modifications and improvements to the Historic Courthouse and Criminal Courts Building. (4/5 Vote Required)
17. Director of Public Works requests approval of Budget Transfer No. 133, increasing Fiscal Year 2001/2002 appropriations in the Equipment Pool Fund 4020 by $8,100, with offsetting revenue from depreciation collection. (4/5 Vote Required)
18. Director of Public Works requests the following actions:
A. Accept the Amended Engineer’s Report for Fiscal Year 2002/2003 prepared by Terrance E. Lowell and Associates, Inc. (Report on file with the Clerk of the Board); and
B. Adopt Resolution of Intention to Levy Certain Benefit Assessments within County Service Area (CSA) No. 3 for structural fire protection, streetside landscaping, street sweeping, street and highway lighting, and authorizing noticing a Protest Hearing at 9:30 A.M. on August 6, 2002.
19. Director of Public Works requests approval of and authorization for Chairman to sign Program Supplement Agreement No. M009 for Administering Agency-State Agreement No. 04-5921 for the Yountville Cross Road Class II Bicycle Lane Project.
20. Director of Public Works requests approval of and authorization for Chairman to sign a Federal Apportionment Exchange Program and State Match Program Agreement with the State of California Department of Transportation (State Agreement No. X02-5921(001)) for Fiscal Year 2001/2002 to receive $337,648 into the County Road Fund.
21. Director of Public Works requests award of the contract for the “Napa County Airport Guidance Signs Improvements Project,” PW 02-04, to Vellutini Corporation dba Royal Electric Company of Sacramento, California for their low bid of $125,910 and authorization for Chairman to sign the construction contract.
22. Director of Public Works/Aviation requests approval to increase the imprest cash fund in the Napa County Airport Enterprise Fund from $25 to $100.
23. County Fire Chief requests approval of and authorization for Chairman to sign the renewal of Agreement No. 1051 with the City of St. Helena for the term July 1, 2002 through June 30, 2007 for initial emergency services response within unincorporated area contiguous to the St. Helena City limits at a cost of $61,500 for Fiscal Year 2002-2003.
COUNTY EXECUTIVE OFFICER JAY HULL BRIEFED THE BOARD. A-4791 (A-1051)
24. Clerk of the Board requests appointment of R. Dean Stahr to serve on the Airport Land Use Commission with the term of office to expire May 1, 2006.
25. Clerk of the Board requests appointment of the following applicants to serve on the Emergency Medical Care Committee with the terms of office to expire April 1, 2004:
Applicants Categories of Representation
Noel Ojeda Ambulance Company Operator
Stacey Lavone Bauer Ambulance Company Operator, Alternate
Lonte Gene Russell CHP Helicopter
Jeffery Lone CHP Helicopter, Alternate
Daniel Hall Napa Fire Department, Alternate
26. County Counsel requests approval of and authorization for Chairman to sign an indemnification agreement with Charles W. Roy/Roy Estate Winery/Chateau Roy, LLC, as required by Condition of Approval No. 17 of Use Permit No. 01276-UP for a 12,000 gallon/year winery located on the east side of Soda Canyon Road, approximately 1,400 feet northeast of its intersection with Silverado Trail.
27. County Counsel requests approval of and authorization for Chairman to sign the following, extending the term of each through June 30, 2003, for services as a certification review hearing officer for Napa County residents:
A. Amendment No. 1 to Agreement No. 4633 with Joscelyn C. Jones;
B. Agreement (AUD No. 5464) with John Dawdy; and
C. Agreement (AUD No. 5465) with Judith Jones.
28. Acting Personnel Director requests adoption of a resolution amending the Departmental Allocation List with regards to deleting one (1) Office Assistant II and adding one (1) Senior Office Assistant position in the Health and Human Services Agency, effective July 20, 2002.
29. Acting Personnel Director requests adoption of a resolution amending the Departmental Allocation List with regards to the extension of a Limited Term Attorney I/II/III position in the District Attorney’s Office, effective July 1, 2002.
30. Acting Personnel Director and County Executive Officer request adoption of a resolution approving a cost of living adjustment for management, confidential and non-classified employees in the amount of 3.8%, effective July 6, 2002.
31. Regional Coordinator requests authorization for out of state travel for Bruce Wilson, Regional Analyst, to attend an H-1B Conference and an Office of Disability Employment Policy training in Washington, D.C., from July 30, 2002 to August 2, 2002, at an estimated cost of $1,000.
32. Regional Coordinator requests approval of Budget Transfer No. 132 appropriating $10,000 into the Regional Training and Employment budget, with offsetting revenues from the Marin County Workforce Investment Board. (4/5 Vote Required)
33. Regional Coordinator requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4512 with Marin County Department of Health and Human Services extending the term to September 30, 2002 and amending the allocation to reflect changes in program spending within Workforce Investment Act regulations to complete the objectives of the Caregiver Training Initiative Grant.
34. Regional Coordinator requests approval of and authorization for Chairman to sign an agreement with Community Resources for Independence, Inc. for a maximum of $10,000 for the term June 1, 2002 through the term of the Project I.N.C.L.U.S.I.O.N. Grant to provide technical support, client services, and consultation to the North Bay Employment Connection.
35. County Executive Officer requests adoption of a resolution authorizing execution of a Termination Agreement removing certain property from the 1990 Certificates of Participation Lease Agreement, and other certain actions related to said Agreement.
36. County Executive Officer requests approval of and authorization for Chairman to sign an agreement with Acuent Inc. for a maximum of $393,700 for the term July 9, 2002 through October 21, 2002 for consulting services relating to PeopleSoft Human Resources software.
37. County Executive Officer requests the Board:
A. Accept and file the 2001/2002 Grand Jury Final Report with the Clerk of the Board; and
B. Direct the County Executive Officer to prepare a response to the Grand Jury Report by September 18, 2002 as prescribed by law.
(Report on file with the Clerk of the Board)
38. County Executive Officer requests approval of the following actions in relation to Tobacco Settlement Funds:
A. Budget Transfer No. 1 appropriating $175,000 in the County Contributions budget, with offsetting revenues from the Tobacco Settlement Trust Fund for the operation of the Residential Treatment Program by Community Action of Napa Valley (4/5 Vote Required); and
B. Second year funding for the term October 1, 2002 through September 30, 2003, identical to that authorized in Fiscal Year 2001/2002 as follows:
Sister Anne Dental Clinic $ 56,000
Behavioral Health Collaboration 160,000
Community Health Clinic Ole 200,000
Community Action Napa Valley (Tobacco Cessation) 159,000
Community Action Napa Valley (Residential Stabilization) 175,000
39. County Executive Officer and Acting Director of Health and Human Services request the following actions regarding the Napa County Stabilization Center:
A. Approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4763 with Community Action of Napa Valley, Inc. increasing the amount by $350,000 for a new maximum of $1,076,629 to include Tobacco Settlement funds for the Stabilization Center; and
B. Approval of Budget Transfer No. 4 transferring $350,000 from County Contributions (Budget Unit 18600) into the Substance Abuse Services budget (Budget Unit 42200).
(4/5 Vote Required)
40. County Executive Officer requests approval of Budget Transfer No. 3 transferring $675,750 from General Liability Retained Earnings to Operating Transfer Out in the Insurance Liability budget and subsequently establishing the appropriate revenue and expenditure account in the County Contributions budget as a re-budgeted expenditure to participate in the Solano/Napa Firing Range pursuant to the Joint Powers Agreement. (4/5 Vote Required)
41. Approve minutes of Board of Supervisors’ meeting of May 21, 2002.
42. Discussion of items removed from the Consent Calendar.
APPROVED CONSENT CALENDAR NUMBERS 5 THROUGH 42.
43. 9:05 a.m. - Special Meeting - Board of Supervisors sitting as the Board of Directors of the Napa County Public Improvement Corporation.
(SEE NAPA COUNTY PUBLIC IMPROVEMENT CORPORATION MINUTES)
44. 9:10 a.m. - Recess to the Napa County Flood Protection and Watershed Improvement Authority (NCFPWIA) Special Meeting.
(SEE NAPA COUNTY FLOOD PROTECTION AND WATERSHED IMPROVEMENT AUTHORITY MINUTES)
45. 9:15 a.m. - Public Hearing - Board to consider whether or not to reconsider its decision of November 20, 2001 granting appeal filed by John L. & Rue W. Ziegler, James & Margaret Watson, Erika Mee,
Willis Blakewell to the Conservation, Development and Planning Director’s decision of June 19, 2001 to approve Nextel Communication/Athene Neal-Site Plan Approval Request File No. 00247-SPA to
(1) construct an unmanned Nextel communication facility consisting of a new 50’ tall (from existing grade) “slimline” 12’2/4” diameter pole generally located south of an existing barn on the subject property, and
(2) install a 3-panel array consisting of 6 antennas on the top of the pole, each having a height of 8’, a width of 5” and a depth of 12”, and (3) construct new ground-mounted telecom support equipment consisting a primary radio cabinet, primary power cabinet, battery cabinet, telecommunication cabinet, telecommunication and power connections all located within the existing barn building on the subject property, and (4) install approximately 16 lineal feet of underground cable between the new monopole and the equipment room, and (5) construct two new air conditioning units on the roof of the equipment room, and (6) construct of a new emergency propane-powered back-up generator within a 5’ by 8’ area immediately south of the new monopole, and (7) install of a new propane storage tank within an area of 5’ by 10’, approximately 60 feet south of the generator with an new underground connection, and (8) install a new GPS antenna on the roof of the existing barn, and (9) install underground cable between the equipment room and an existing power pole west of the facility, and (10) install a facility identification sign per County requirements at the property access drive at Mee Lane, located on the south side of Mee Lane, approximately one quarter mile east of the intersection of Mee Lane and Highway 29 within an Agricultural Preserve (AP) Zoning District. (Assessor’s Parcel No. 030-080-029) 953 (N) Mee Lane,
St. Helena. Environmental Determination: None Required (Ministerial Act). (Public Hearing Continued from January 29, March 26, April 9, 16 and May 21, 2002; Applicant Requests Withdrawal of their Request for Reconsideration of Decision on Appeal)
THE BOARD ACCEPTED REQUEST FOR WITHDRAWAL
46. 9:15 a.m. - Recess to the In-Home Supportive Services (IHSS) Public Authority of Napa County Special Meeting.
(SEE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY MINUTES)
47. 9:30 a.m. - Director of Conservation, Development and Planning requests the following:
A. Adoption of a resolution amending the Napa County California Environmental Quality Act (CEQA) Guidelines to authorize the collection of deposits for draft CEQA documents prepared by outside consultants and submitted to the Conservation, Development and Planning Department for review. Environmental Determination: General Rule 14 CCR 15061(a)(3)
APPROVED REQUEST R-V-L-BW-D R-02-135
B. Approval of and authorization for Chairman to sign the following agreements for the terms July 9, 2002 through June 30, 2003:
i) Agreement with EDAW, Inc. for a maximum of $94,852 for preparation of Initial Study and related CEQA documents in connection with Erosion Control Application ECPA 99-323; and
ii) Agreement with Lamphier-Gregory, Inc. for a maximum of $35,084 for preparation of Initial Study and related CEQA documents in connection with Erosion Control Applications ECPA 99-485 and ECPA 02-022.
APPROVED REQUESTS V-R-L-BW-D A-4798
48. 9:45 a.m. - Presentation by the Napa County Child Care Planning Council regarding the status of
childcare in the community.
PRESENTATION MADE BY WALTER HAMPE, CHAIRMAN, CHARLES SLUTZKIN,
VICE-CHAIRMAN, AND DARLENE HOWELL, NAPA COUNTY CHILDCARE PLANNING COUNCIL.
(SEE ITEM NUMBER 56)
49. 10:00 a.m. - Public Hearing - Appeal filed by R. Gregory Rodeno to a decision by the Conservation, Development and Planning Commission on March 20, 2002 to approve Steven Grover Winery/John Steffans – Use Permit Request No. 00325-UP to establish a 19,200 gallon/year winery, including 10% (1,900 gallons/year) of the production capacity used for 2 custom producers (crushing, fermentation, barrel ageing, bottling, retail wine sales, tasting, distribution/shipping); the construction of a 7,500 square-foot winery (3,750 square foot footprint); the use of a 5,300 square foot cave for barrel fermentation/storage; and the construction of a 6-space parking area and associated access driveways. Operations will include 6 full-time employees; retail wine sales and tours/tasting by appointment only; and limited marketing activities (8 events per year for wine trade and key sales groups of 20 to 100 persons) located on a 39.66+ acre parcel, on the north side of Spring Mountain Road near its intersection with the Napa/Sonoma County line within the Agricultural Watershed Zoning District and Agriculture, Watershed and Open Space General Plan land use designation. (Assessor’s Parcel No. 020-300-063) 4028 Spring Mountain Road, St. Helena. Environmental Determination: Mitigated Negative Declaration Adopted.
PUBLIC HEARING HELD
THE BOARD DECLARED INTENT TO DENY THE APPEAL AND INSTRUCTED STAFF TO PREPARE FINDINGS OF FACT TO SUPPORT ITS DECISION FOR CONSIDERATION ON AUGUST 13, 2002. CONSERVATION, DEVELOPMENT AND PLANNING DEPARTMENT AND COUNTY FIRE STAFF WERE ENCOURAGED TO GO BACK AND REEVALUATE THE PROCESSES OF ENVIRONMENTAL REVIEW, POSSIBLY RAISING THE DISCUSSION OF POTENTIAL FIRE, FIRE HAZARD AND CUMMULATIVE IMPACTS OF PROJECTS GOING INTO HILLSIDES TO A HIGHER LEVEL OF DISCUSSION THAN CURRENTLY. COUNTY FIRE WAS ASKED TO REPORT BACK WITH A BROADER, MORE LENGTHLY AND MORE DETAILED DISCUSSION OF THE POTENTIAL WILDLAND FIRE PROBLEM IN NAPA COUNTY AND HOW IT AFFECTS BOTH PLANNING AND BUILDING. AND ALSO, TO ADDRESS POSSIBLE WAYS TO MITIGATE THROUGH THE PLANNING PROCESS AND ZONING AND GENERAL PLAN METHODS. V-R-L-BW-D
50. 2:15 p.m. - Public Hearing - 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. (Continued from November 6, 2001, January 22, March 5, 12, 26 and June 4, 2002; Staff Requests Continuance to July 16, 2002 at 10:30 a.m.)
PUBLIC HEARING CONTINUED TO JULY 16, 2002 AT 10:30 A.M.
51. Registrar of Voters requests that the Board of Supervisors authorize the Chairman to send letters to Senator Wes Chesbro, Assemblywoman Patricia Wiggins and Senator Ross Johnson opposing SB 1975 (Johnson) creating two primary elections in presidential election years.
THE BOARD WENT ON RECORD IN OPPOSITION TO SB 1975 AND APPROVED REQUEST V-L-BW-R-D
52. County Executive Officer requests authorization for the Board of Supervisors to pay, through October 1, 2002, the state and federal shares of various programs that the state may not fund due to the absence of an approved state budget.
APPROVED REQUEST V-R-L-BW-D
53. Clerk of the Board requests the following appointments to the Juvenile Justice/Delinquency Prevention Commission:
A. Appointment of four (4) Citizen representatives with the terms of office to expire
March 1, 2006:
Rachel Frank Clark* Albert T. Iliff
Thomas B. Gill Jeanie A. Cheroff Redding*
Kenneth W. Hirsch* Randi Storm*
THE BOARD REAPPOINTED RACHEL FRANK CLARK, JEANIE A. CHEROFF REDDING, KENNETH W. HIRSCH AND RANDI STORM.
B. Appointment of the following four (4) Youth Voting representatives with the terms of office to expire September 1, 2005:
Lauren Andrea Andrews Myra Martinez-Martinez
Crishna Maria Flores Maria Ortega
APPOINTMENTS MADE AS RECOMMENDED
C. Appointment of the following two (2) Youth Non-Voting representatives with no specific terms of office:
Maria DesJardins Rodolfo Ramos
APPOINTMENTS MADE AS RECOMMENDED
54. Discussion and possible action including, but not limited to, the following legislation:
AB 2761 (Pavley): Prohibits a lead agency from authorizing or allowing any grading or development on a project subject to California Environmental Quality Act (CEQA) unless every responsible agency and public agency with jurisdiction over natural resources affected by the project has fully complied with CEQA, and has approved the project.
PULLED FROM THE AGENDA – NO ACTION TAKEN
55. Board of Supervisors’ Committee Reports and Announcements.
SUPERVISOR MIKE RIPPEY THANKED THE BOARD, NAPA COUNTY STAFF AND BAY AREA CITIZENS THROUGH THE ASSOCIATION OF BAY AREA GOVERNMENTS FOR HIS ABILITY TO ATTEND LOCAL GOVERNMENT PROGRAM AT HARVARD UNIVERSITY THAT FOCUSED ON AFFORDABLE HOUSING.
56. Board of Supervisors’ Future Agenda Items.
7-16-02 – NAPA COUNTY CHILD CARE PLANNING COUNCIL REGUESTS APPOINTMENT OF A MEMBER OF THE BOARD OF SUPERVISORS TO PARTICIPATE ON THE EVERYONE’S BUSINESS COALITION. (SEE ITEM NUMBER 48)
7-16-02 – DISCUSSION AND POSSIBLE ACTION REGARDING RECRUITMENT PROCESS FOR NEW COUNTY EXECUTIVE OFFICER. (SUPERVISOR VARRELMAN)
57. Closed Session:
Conference with Legal Counsel – Anticipated Litigation
Significant Exposure to Litigation pursuant to Government Code Section 54956.9(b):
CLOSED SESSION NOT HELD
ADJOURNED TO BOARD OF SUPERVISORS’ SPECIAL MEETING, MONDAY, JULY 15, 2002 AT 9:00 A.M. AND REGULAR MEETING, TUESDAY, JULY 16, 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