MINUTES OF THE
MEETING
OF THE BOARD OF SUPERVISORS
COUNTY
OF NAPA
August 6, 2002
1. Call to Order; Roll Call
THE BOARD OF
SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, AUGUST 6,
2002 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRPERSON BILL DODD, SUPERVISORS MIKE
RIPPEY AND MEL VARRELMAN. SUPERVISORS
BRAD WAGENKNECHT AND
MARK LUCE WERE
EXCUSED. THE MEETING WAS CALLED TO
ORDER BY CHAIR DODD AT 9:04 A.M.
2. Pledge of Allegiance.
WANDA KENNEDY, AIRPORT MANAGER, LED
THE SALUTE TO THE FLAG.
3. Presentation of a Proclamation proclaiming August to be
“Child Support Awareness Month” in Napa County.
PROCLAMATION PRESENTED
4. Public Comment.
VINCENT BLAKE SPOKE ABOUT THE LAWSUIT FILED AGAINST
HIM BY THE NAPA RIVER RECLAMATION DISTRICT FOR PUBLIC NUISANCE, STATING THE
CHARGES WERE ERRONEOUS. HE INQUIRED AS
TO THE JURISDICTION OF THE NAPA RIVER RECLAMATION DISTRICT TO FILE SUCH A
LAWSUIT.
ROBERT WESTMEYER, CHIEF COUNTY COUNSEL, RESPONDED
THAT THE BOARD OF SUPERVISORS IS NOT THE GOVERNING BOARD FOR THE NAPA RIVER RECLAMATION
DISTRICT, AND GENERALLY SPEAKING, DISTRICTS ARE CREATED THROUGH A STATE CODE,
WHICH WOULD INCLUDE THE POWER OF JURISDICTION.
SUPERVISOR DODD INDICATED HE WOULD ASSIST MR. BLAKE
AND REQUESTED MR. BLAKE CONTACT HIM DIRECTLY.
TERRANCE KEENAN SPOKE REGARDING THE SURVEY STAKES
PLACED ON MILTON ROAD, COMMENTING THAT THERE DOES NOT APPEAR TO BE ANY STAKES
ON THE NORTH SIDE OF THE RAILROAD TRACKS, AND REQUESTED REFERENCE STAKES BE
PLACED ON THE NORTH SIDE OF THE TRACKS.
5. Department Heads’ Reports and Announcements.
NONE
Consent Calendar
6. District Attorney requests authorization for out-of-state
travel for Daryl Roberts, Deputy District Attorney, to take a deposition in a
pending case in Oklahoma City, Oklahoma, from
August 12-13, 2002, at an estimated cost of $750.
7. Sheriff requests approval of and authorization for Chairman
to sign Amendment No. 1 to Agreement No. 3909 with Deputy Sheriff Donald
Stanley, in the amount of $308.14 per month for the term August 6, 2002 through
June 30, 2003 to provide canine training and housing services.
A-3909
(AMEND. 1)
8. Auditor-Controller, Pamela A. Kindig, and Treasurer-Tax
Collector, Marcia Humphrey, request authorization for out-of-state travel to
attend the National Association of Government Deferred Contribution
Administrators Annual Retirement Conference, in Scottsdale, Arizona, from
September 6-11, 2002, at an estimated cost of $3,100.
9. Auditor-Controller requests authorization to prepare the
necessary accounting entries to close the financial books for Fiscal Year ended
June 30, 2002. (Continued from July 30,
2002; staff request continuance to August 13, 2002) (4/5 Vote Required)
CONTINUED TO AUGUST 13, 2002 DUE TO
4/5 VOTE REQUIRED
10. Registrar of Voters requests authorization to enter into a
three percent (3%) prepayment discount plan with Sequoia Voting Systems for the
November 5, 2002 General Election.
11. Director of
Health and Human Services requests approval of and authorization for Chairman
to sign the renewal of Agreement No. 3580 with Queen of the Valley Hospital HIV
Network Program for a maximum of $32,251 for the term July 1, 2002 through June
30, 2003 to provide Housing Opportunities for Persons With AIDS (HOPWA)
services. A-3580
12. Director of
Health and Human Services requests approval of and authorization for Chairman
to sign the renewal of Agreement No. 4497 with Chileda Habilitation Institute,
Inc. for a maximum of $38,388 for the term July 1, 2002 through June 30, 2003
to provide residential day treatment services to clients in the Children's
Behavioral Health Program. A-4497
13. Director of Health and Human Services requests approval of and
authorization for Chairman to sign the following agreements with Bayberry, Inc.
for the term July 1, 2002 through June 30, 2003 for respite care services:
A. Renewal of Agreement No. 4266 for a maximum of $39,300 for
services to caregivers and families of clients referred by the Children’s
Behavioral Health Program; and A-4266
B. An agreement for a maximum of $20,000 for services to SB163
clients.
14. Director of Public Works requests approval of Plans and
Specifications for the “Napa County Airport Emergency Generator Replacement”,
PW 02-16, a portion of AIP #3-06-0162-12, authorization to advertise for bids,
and setting 3:30 P.M. on August 29, 2002 for the opening of sealed bids.
15. Director of Public Works requests
cancellation of the advertising for bids and the opening of sealed bids for
3:30 P.M. on August 1, 2002 for the Lewelling Avenue Outfall project, PW 02-07.
16. Director of
Public Works requests adoption of a resolution approving the County of Napa to
apply for grant funds for the Per Capita Grant Program under the Proposition 12
Parks Bond Act of 2000. R-02-157
17. Acting Personnel Director requests approval of and
authorization for Chairman to sign an agreement with AIG Life Insurance Company
effective September 1, 2002 implementing monthly rates for group vision
coverage for employees and retirees. A-4807
18. Job Training Director requests approval of and authorization
for Chairman to sign an agreement with Worldwide Educational Services of
California, Inc., for the term July 1, 2002 through
June 30, 2003 for a maximum amount of $8,000, for
client job skills training. A-4808
19. Clerk of the Board requests appointment of the following
applicant to serve on the Mental Health Board:
Applicant Representing Term
Expiration
Russell
Burr Family Member of Consumer January 1, 2005
20. Clerk of the Board
requests approval of and authorization for the Registrar of Voters to conduct a
consolidated General Election to be held on November 5, 2002 pursuant to the
following and to provide election-related services, with the provision that all
services rendered by the County in connection with such election be reimbursed
in full:
City of American Canyon Resolutions R2002 30
and 2000 31
Napa Valley Unified School District Resolution
No. D-322-02
Napa Valley College Resolution No. 02-100-07
(Resolutions
on File with the Clerk of the Board)
21. Information Technology Services Director and County Executive
Officer/Purchasing Agent request a waiver of competitive bidding requirements
and authorization to make a sole source award for the purchase of annual
hardware and software support and maintenance for the County’s Permits Plus
system from Accela, of Visalia, California, for the total amount of $19,807.
22. County Fire Chief and County Executive
Officer/Purchasing Agent request a waiver of competitive bidding requirements
and authorization to make a sole source award for the purchase of extrication
equipment from Fire Service Specification and Supply of Santa Ana, California, for
the total amount of $39,405.
23. Napa County Deferred Compensation Board of Control and County
Counsel request approval of and authorization for Chairman to sign:
A. Resolution approving and adopting the
“County of Napa 401(a) Retirement Savings Plan;” R-02-158
A-4809
SCHEDULE “A” AMENDED TO
SAY “NAPA SUPERIOR COURTS”, RATHER THAN
“NAPA COUNTY COURTS”.
B. Resolution approving and adopting the
“Trust Agreement for County of Napa 401(a) Retirement Savings Plan” which was
approved and adopted by the Board of Control on August 5, 2002, designating the
Napa County Deferred Compensation Board of Control as the Trustee of the Plan,
and establishing the County Contribution (Match) for 2002; and R-02-159
A-4810
C. Resolution increasing the number of
positions on the Napa County Deferred Compensation Board of Control from six to
seven by adding the Director of Health and Human Services as a second at-large
member. R-02-160
Environmental Determination: Not subject to the California Environmental Quality
Act pursuant to California Code of Regulations section
15061(b)(3).
24. County Executive Officer requests
approval of and authorization for Chairman to sign Amendment No. 1 to IHSS
Agreement No. 1 between Napa County and the In-Home Supportive Services Public
Authority of Napa County clarifying the roles and responsibilities of Napa
County and the Public Authority. A-01
(IHSS)
(AMEND. 1)
25. Discussion of items removed from the
Consent Calendar.
NONE
APPROVED CONSENT CALENDAR ITEMS 6 THROUGH 24, AS
AMENDED AND NOTATED ABOVE. MV-MR-ML-BW-BD
X
X
Set
Matters
26. 9:10 a.m. - Public Hearing - Consideration and possible adoption of
a resolution, including findings, implementing the Board’s decision upholding
on appeal the decision of the Conservation, Development & Planning
Commission approving Use Permit No. 00325-UP, the Steven Grover/7&8 Winery,
located on the north side of Spring Mountain Road near its intersection with
the Napa County/Sonoma County line, in an Agricultural Watershed zoning
district, Assessor’s Parcel Number 020-300-063.
PUBLIC
HEARING OPENED
PUBLIC HEARING CONTINUED
TO AUGUST 20, 2002 AT 10:30 A.M.
MV-MR-ML-BW-BD
X X
27. 9:15 a.m. - Napa County
Commission on Self-Esteem to present Annual Report.
REPORT PRESENTED
28. 9:15 a.m. - Recess to the In-Home Supportive Services Public
Authority of Napa County meeting.
(SEE
IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY MINUTES)
29. 9:20 a.m. - Clerk of the Board to report on the results of the
tabulation of ballots pertaining to the levy of assessments for the Napa County
Winegrape Pest & Disease Control District.
REPORT PRESENTED
30. 9:30 a.m. - Director of Pubic Works requests the following
actions relating to assessments for County Service Area No. 3 (CSA #3):
A. Director of Public Works/Aviation requests the following
actions relating to Fiscal Year 2002/2003 Budget for CSA #3:
i)
Accept
assessments for structural fire protection (the “Fire Protection Assessment”)
and street side landscaping, street lighting and street sweeping services (the
“Street Assessment”) proposed for adoption in CSA #3 by the Board in Resolution
02-120 and to determine whether, or to what extent, to adopt the Fire
Protection Assessment and/or the Street Assessment for the 2002-2003 fiscal
year. (Report on file with Clerk of the
Board)
ii) Adopt a
resolution levying the Street Assessment and the Fire
Protection Assessment in CSA
#3 for the 2002-2003 fiscal year.
R-02-161
B.
Open
Public Hearing and accept public testimony on the Fiscal Year 2002/2003 Budget,
with a total appropriation of $195,666.
PUBLIC HEARING OPENED
C.
Close
Public Hearing and continue consideration to August 13, 2002 at
9:30 a.m. for final adoption.
PUBLIC HEARING CLOSED
ITEM
CONTINUED TO AUGUST 13, 2002.
31. 9:30 a.m. - Board of Supervisors sitting as the Board of
Directors of the Silverado Community Services District.
(SEE SILVERADO COMMUNITY SERVICES DISTRICT MINUTES)
32. 9:30 a.m. - Special Meeting - Board of Supervisors sitting as
the Board of Trustees of the Monticello Public Cemetery District.
(SEE MONTICELLO PUBLIC CEMETERY DISTRICT MINUTES)
33. 9:30 a.m. - Board of Supervisors sitting as the Board of
Directors of the Lake Berryessa Resort Improvement District.
(SEE LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)
34. 9:30 a.m. - Board of Supervisors sitting as the Board of
Directors of the Napa-Berryessa Resort Improvement District.
35. 9:30 a.m. - Public Hearing - Appeal filed by Jay V. Hanson to
a decision by the Director of Public Works to deny a Lot Line Adjustment filed
by Phoebe Dinsdale/Jay V. Hanson for the property located at 2873 and 2877
Redwood Road (Assessor’s Parcel Numbers 041-110-027 and
041-110-028).
APPLICANT REQUESTS CONTINUANCE TO AUGUST 27, 2002 AT 9:15
A.M.
APPROVED REQUEST MR-MV-ML-BW-BD
X
X
36. 1:30
p.m. - Recess to the Napa County Flood Control and Water Conservation District
meeting.
(SEE
NAPA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT MINUTES)
37. 2:00
p.m. - Recess to the Napa County Flood Protection and Watershed Improvement
Authority meeting.
(SEE
NAPA COUNTY FLOOD PROTECTION AND WATERSHED IMPROVEMENT AUTHORITY MINUTES)
Regular Calendar
38. Clerk of the Board requests one (1) appointment from the following applicants to serve on the Napa County Child Care Planning Council representing Child Care Providers:
Applicants
Caroline Gerlomes
SUPERVISOR RIPPEY NOMINATED AND THE BOARD APPOINTED
CAROLINE GERLOMES.
MR-MV-ML-BW-BD
X
X
39. County Executive Officer to convene a workgroup to address
issues raised by the Board of Supervisors related to County code enforcement
and nuisance abatement, including possible cost recovery methods.
REPORT GIVEN – NO ACTION TAKEN
40. County Executive Officer requests approval of and
authorization for the following actions regarding distribution of discretionary
funding in Fiscal Year 2002-03:
A. Criteria and process as outlined in memorandum dated August
6, 2002; and
40.
Continued
B. Direct staff to enter into second year funding contracts
with the Napa Valley Vintner’s Health Center, Juvenile Justice Network (Wolfe
Center), and Boys & Girls Club of American Canyon.
APPROVED
REQUEST, AS AMENDED
MR-MV-ML-BW-BD
X X
41. County Executive Officer and Acting
Personnel Director request:
A. Approval of and authorization for Chairman to sign an
agreement with CSAC Human Resources Advisory Services to provide comprehensive
recruitment services for the County Executive Officer position in the amount of
$18,000 plus expenses and costs of background investigation; and A-4818
B. Date and time be set for an initial meeting between the
Board and CSAC Human Resources Advisory Services business associate, Shannon
& Associates, to begin this process.
APPROVED REQUEST MR-MV-ML-BW-BD
X
X
42. Discussion and possible action regarding legislation including, but not limited to:
A. SB 910 (Dunn):
Revises procedures for determining share of regional housing needs;
revises procedures for submission and review of the draft housing element and
establishes fines for non-compliance;
THE BOARD WENT ON RECORD IN OPPOSITION TO SB 910
MV-MR-ML-BW-BD
X
X
B.
SB
1243
(Torlakson): Requires that on January
1, 2004, the Metropolitan Transportation Commission be renamed the Bay Area
Land Use and Transportation Commission and assume land use responsibilities of
the Association of Bay Area Governments;
SUPERVISOR
VARRELMAN MOTIONED THE BOARD GO ON RECORD IN OPPOSITION TO SB 1243.
FOLLOWING
DISCUSSION, SUPERVISOR VARRELMAN WITHDREW HIS MOTION.
THE BOARD DIRECTED STAFF TO SEND LETTERS TO THE
COMMISSION FROM INDIVIDUAL BOARD MEMBERS EXPRESSING THEIR RESPECTIVE VIEWPOINTS
ON SB 1243.
ITEM CONTINUED TO AUGUST 20, 2002.
42. Continued
C. Proposition 50: Water Quality. Supply and Safe Drinking Water
Projects. Coastal Wetlands Purchase and Protection Bonds; and
THE BOARD WENT ON RECORD IN SUPPORT OF PROPOSITION 50. MR-MV-ML-BW-BD R-02-162
X
X
D. Proposition 51: Transportation. Allocation of Sales and Use
Taxes Raised from Sale or Lease of Motor Vehicles.
ITEM CONTINUED TO AUGUST 13, 2002.
43. Board of Supervisors’ Committee Reports and Announcements.
NONE
44. Board of Supervisors’ Future Agenda Items.
NONE
45. Closed Session.
Conference with legal counsel – Existing Litigation (Government Code Section 54956.9(a)) Name of case: Wards Bankruptcy Case No. 00-4667 (RTL); District of Delaware;
Chapter 11.
CLOSED SESSION HELD
THE BOARD AGREED TO ACCEPT THE CREDITOR COMMITTEE’S
SETTLEMENT PROPOSAL.
Adjournment.
ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,
AUGUST 13, 2002 AT 9:00 A.M.
BILL DODD, Chairperson
ATTEST: _________________________________________
TERI SISSON, Supervising
Clerk of the Board
KEY
Vote: BW =
Brad Wagenknecht; BD = Bill Dodd; MR = Mike Rippey; ML = Mark Luce; MV = Mel
Varrelman
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