MINUTES OF THE
MEETING OF THE BOARD OF SUPERVISORS
COUNTY
OF NAPA
August 13, 2002
1. Call to Order; Roll Call.
THE BOARD OF
SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, AUGUST 13,
2002 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRPERSON BILL DODD, SUPERVISORS MIKE RIPPEY, MARK LUCE AND MEL
VARRELMAN. SUPERVISOR BRAD WAGENKNECHT
WAS EXCUSED. THE MEEETING WAS CALLED TO
ORDER BY CHAIR DODD AT
9:03 A.M.
2. Pledge of Allegiance.
KEVIN LEMASTERS LED THE SALUTE TO
THE FLAG.
3. Public
Comment.
TERRANCE
KEENAN SPOKE REGARDING THE NAPA RIVER RECLAMATION DISTRICT AND THE CODE UNDER
WHICH THE DISTRICT WAS FORMED.
SUPERVISOR
DODD DIRECTED STAFF TO REPORT BACK TO THE BOARD ON AUGUST 20, 2002, WITH AN
UPDATE ON THE STATUS OF THE NAPA RIVER RECLAMATION DISTRICT.
4. Department Heads’ Reports and
Announcements.
NONE
Consent
Calendar
5. Chief Probation Officer requests
approval of and authorization for Chairman to sign the following agreements
related to the continuation of the Victim Witness Program for the term July 1,
2002 through June 30, 2003:
A. Renewal of Agreement No. 4533 with the
California Office of Criminal Justice Planning (OCJP) for $163,052; and A-4533
B. Amendment No. 15 to Agreement No.
1530-B with the Volunteer Center of Napa County for $163,052. 1530-B
(AMEND. 15)
6. Chief Probation Officer requests
authorization for out of state travel for Scott Wooden, Probation Officer I, to
attend a Street Survival seminar in Scottsdale, Arizona, from August 19-22,
2002, at an estimated cost of $900.
7. District Attorney requests
authorization for out of state travel to attend the National College of
District Attorney’s course “Prosecuting Homicide Cases,” in New Orleans,
Louisiana, from October 27–31, 2002, at an estimated cost of $2,000.
8. District Attorney requests
authorization to accept a grant in the amount of $33,261 from the Department of
Justice for the Spousal Abuser Prosecution Program.
9. Auditor-Controller requests authorization
to prepare the necessary accounting entries to close the financial books for
Fiscal Year ended June 30, 2002. (4/5
Vote Required)
10. Auditor-Controller requests acceptance of
and instruction to the Clerk of the Board to file the Audit Report of the
Congress Valley Water District for fiscal years ended June 30, 2001 and
June 30, 2000. (Report on file with the Clerk of the Board)
11. Director
of Health and Human Services requests approval of and authorization for
Chairman to sign the renewal of Agreement No. 2939 with Richard Geisler, Ph.D.,
for a maximum of $11,690 for the term July 1, 2002 through June 30, 2003 to
provide psychological evaluation services.
A-2939
12. Director of Health and Human Services
requests approval of and authorization for Chairman to sign the renewal of
Agreement No. 3700 with the California Department of Health Services for
$23,670 for the term July 1, 2002 through June 30, 2003 for the Child and
Infant Immunization Program. A-3700
13. Director of
Health and Human Services requests approval of and authorization for Chairman
to sign the renewal of Agreement No. 3742 with the California Department of
Health Services (CDHS) for a maximum of $1,000 for the term July 1, 2002
through June 30, 2003 for costs associated with the AIDS Drug Assistance
Program (ADAP). A-3742
14. Director of Health and Human Services
requests approval of and authorization for Chairman to sign the renewal of
Agreement No. 4068 with Liliana Garcia for a maximum of $10,850 for the term
July 1, 2002 through June 30, 2003
for nurse practitioner services in County health clinics.
A-4068
15. Director of
Health and Human Services requests approval of and authorization for Chairman
to sign the renewal of Agreement No. 4074 with Martin L. Forst, Ph.D., for a
maximum of $10,000 for the term July 1, 2002 through June 30, 2003 to provide
evaluation services for the County Tobacco Control Plan. A-4074
16. Director
of Health and Human Services requests approval of and authorization for
Chairman to sign the renewal of Agreement No. 4181 with Planned
Parenthood-Shasta Diablo for a maximum of $20,580 for the term July 1, 2002
through June 30, 2003 to provide case management services for clients of the
Cal Learn Program. A-4181
17. Director of Health and Human Services
requests approval of and authorization for Chairman to sign the renewal of
Agreement No. 4402 with Davis Guest Home, Inc. for a maximum of $183,960 for
the term July 1, 2002 through June 30, 2003 to provide residential mental
health services.
A-4402
18. Director
of Health and Human Services requests approval of and authorization for
Chairman to sign the following agreements with Community Action of Napa Valley,
Inc. for food service for the Therapeutic Child Care Center:
A.
Renewal of Agreement No. 4505 for a maximum of
$24,227 for the term
July 1, 2002 through June 30, 2003 for reimbursement
for meals provided at the Therapeutic Child Care Center; and A-4505
B. An agreement establishing food service criteria guidelines. A-4811
19. Director of
Health and Human Services requests approval of and authorization for Chairman
to sign an agreement with the California Department of Health Services for a
maximum of $66,132 for the term February 15, 2002 through August 31, 2003 to
provide bioterrorism planning and support activities in Napa County. A-4812
20. Director of Environmental Management
requests approval of the following actions related to establishing a document
and image management system:
A. Budget Transfer No. 14 transferring
$78,000 from Hazardous Waste Enforcement Trust Account to Environmental
Management; BT-14
B. Establish a fixed asset of $7,500 for
the purchase of a scanner; and
C. Authorization
for Chairman to sign an agreement with NEKO Industries, Inc. for $76,147 for
the term August 13, 2002 through June 30, 2003. A-4813
21. Director of Public Works requests adoption of a resolution
restricting parking, stopping or standing of vehicles on a portion of Highway
29 north of Larkmead Lane. R-02-163
22. Director of Public Works 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. RDS 02-08, “Yountville
Cross Road Bridge Seismic Repairs Project.”
23. Director of
Public Works requests approval of and authorization for Chairman to sign
Program Supplement Agreement No. M010 to Administering Agency-State Agreement
No. 04-5921 for the Silverado Trail Overlay Project, RDS 02-13. A-1428
24. Director of
Public Works requests approval of and authorization for Chairman to sign
Program Supplement Agreement No. M011 to Administering Agency-State Agreement
No. 04-5921 for the Howell Mountain Road Overlay Project, RDS 02-13. A-1428
25. Director of
Public Works requests approval of and authorization for Chairman to sign
Amendment No. 1 to Lease Agreement No. 1460 with the Town of Yountville for
library space at a monthly cost of $612 for the term July 1, 2002 through June
30, 2003, with the option to extend the lease for an additional 12 months to
June 30, 2004. A-1460
(AMEND. 1)
26. County Counsel requests adoption of a
resolution authorizing and levying assessments in the amount of $4.51 per
planted vineyard acre for Fiscal Year 2002/2003 on qualifying properties in the
Napa County Winegrape Pest and Disease Control District (NCWPDCD). R-02-164
27. County Counsel requests adoption of a
resolution authorizing and levying assessments in the amount of $7.66 per
planted vineyard acre for Fiscal Year 2002/2003 on qualifying properties in
County Service Area No. 4 (CSA #4). R-02-165
28. 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 support and maintenance for the
County’s Financials and Human Resources hardware and software systems from
Hewlett Packard, Roseville, California, for the total amount of $32,394.
29. Job Training Director requests approval
of and authorization for Chairman to sign the renewal of Agreement No. 4581
with Solano School of Nursing Assistants, Inc., for a maximum of $5,000 for the
term July 1, 2002 through June 30, 2003 for client job skills training. A-4581
30.
Job Training Director requests approval of Budget
Transfer No. 12 appropriating $8,626 in the Training and Employment Center
budget, with offsetting revenue from Workforce Investment Act (WIA) grant funds
to expand universal access at the One-Stop Center. (4/5 Vote Required)
BT-12
31. Library
Director requests authorization for out of state travel for Katherine Anderson,
Library Computer Systems Technician, and Anne Moya, Head of Technical Services,
to attend the Library’s Automation System Annual Users Group meeting in Denver,
Colorado, from October 30, 2002 to November 2, 2002, at an estimated total cost
of $2,200.
32. Library Director requests approval of Budget Transfer No. 13
re-budgeting unspent funds from the English Language and Library Intensive
(ELLI) Focus on Families Fiscal Year 2001/2002 grant totaling $72,437 that the
California State Library has authorized to be used in Fiscal Year 2002/2003. (4/5 vote required) BT-13
33. Library Director requests approval of the
following actions pertaining to the English Language and Literacy Intensive
(ELLI) grant entitled Youth Experiencing Success (YES):
A. Acceptance of the ELLI grant
administered by the California State Library, in the amount of $30,000; and
B. Approval of
Budget Transfer No. 11, with offsetting revenue from the ELLI grant, for
related program services. (4/5 Vote
Required) BT-11
34. Library Director requests approval of and
authorization for Chairman to sign the following agreements associated with the
English Language and Literacy Intensive (ELLI) Focus on Families grant for a
maximum of $54,000 each for the term August 13, 2002 through
June 30, 2003:
A. Agreement with Sean Michael Dodd; and A-4814
B. Agreement with Ellen Marie Russell. A-4815
35. Acting Personnel Director requests
approval of the following actions relating to a professional services contract
for legal services:
A. Authorization for Chairman to sign an
agreement with Curiale Dellaverson Hirschfeld Kraemer & Sloan, LLP, for a
maximum of $45,000 for the term
April 1, 2002 through June 30, 2003;
and A-4816
B. Approval of Budget Transfer No. 15
appropriating $45,000 in the Personnel Services budget with offsetting revenue
from Workers’ Compensation Retained Earnings.
(4/5 vote required) BT-15
36. County
Executive Officer/Purchasing Agent requests the following:
A. Declare certain items of personal
property as surplus and no longer required for public use (Complete list on file with the Clerk of the
Board); and
B. Authorize the Purchasing Agent to
dispose of these items of personal property by donating them to the following
tax-exempt Health and Human Service organizations:
Alternatives
for Better Living
Nuestra
Esperanza/Community Action of Napa Valley
Progress
Foundation
37. Approve
minutes of Board of Supervisors’ meeting of June 11, 2002.
38. Discussion
of items removed from the consent calendar.
NONE
APPROVED CONSENT CALENDAR ITEMS 5 THROUGH 37.
MV-ML-BW-MR-BD
X
Set Matters
39. 9:15
a.m. - Public Hearing - Director of Conservation, Development and Planning
requests Board to consider Application for Temporary
Event License Request No. 02300-E filed by Sutter Home Winery, Inc., to hold
the Sutter Home Winery Build a Better Burger Cook-off featuring contest winners
who prepare burgers from winning recipes for attendees and judges followed by
an awards ceremony with music at Sutter Home Winery, Saturday, September 28,
2002 from 12 noon to 4:00 P.M. with an expected attendance of 1,000 persons at
105 Zinfandel Lane, St. Helena.
(Assessor’s Parcel No. 030-060-025).
PUBLIC HEARING HELD
APPROVED REQUEST MV-MR-ML-BW-BD
X
40.
9:30
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
40. Continued
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, June 4 and July 23, 2002. Appellants
request withdrawal of appeal)
APPROVED WITHDRAWAL OF APPEAL
ML-MR-MV-BW-BD
X
41. 9:30
a.m. - Auditor-Controller requests approval of the final appropriation and
revenue levels and adoption of a resolution establishing the total financing
requirements for the 2002/2003 Final Budget for County Service Area No. 3
governed by the Board of Supervisors.
(4/5
Vote Required)
ADOPTED
RESOLUTION MV-ML-MR-BW-BD R-02-166
X
42. 9:30 a.m. - The Board of Supervisors
meeting as the Board of Directors of the Silverado Community Services District.
(SEE
SILVERADO COMMUNITY SERVICES DISTRICT MINUTES)
43. 9:30 a.m. - Special Meeting - The Board
of Supervisors meeting as the Board of Trustees of the Monticello Public
Cemetery District.
(SEE
MONTICELLO PUBLIC CEMETERY DISTRICT MINUTES)
44.
9:30 a.m. - The Board of
Supervisors meeting as the Board of Directors of the
Napa-Berryessa Resort Improvement District.
(SEE NAPA-BERYESSA RESORT
IMPROVEMENT DISTRICT MINUTES)
45. 9:30 a.m. - The Board of Supervisors
meeting as the Board of Directors of the Lake Berryessa Resort Improvement
District.
(SEE
LAKE BERYESSA RESORT IMPROVEMENT DISTRICT MINUTES)
46. 9:30
a.m. - Closed Session:
A. Conference with Legal Counsel –
Anticipated Litigation Significant exposure to litigation pursuant to
Government Code Section 54956.9(b):
(One case)
B. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(a)) Name of
case: Thollander v. County of Napa
(Napa Superior Court Case No. 26-15917)
C. Conference
with Labor Negotiator (Government Code
Section 54957.6):
Agency negotiator: Charla
Freckmann, Acting Personnel Director
Employee organization: SEIU Local
614 (NAPE)
Unrepresented Employees: Non-Classified, Management and Confidential Employees (Excluding
Elected Officials)
CLOSED SESSIONS HELD – NO REPORTABLE ACTION
47. 10:00 a.m. - Hearing on vineyard property
owners request to be exempted from the approved assessment in County Service
Area No. 4 (CSA #4) on the grounds that they are providing housing for their
own farmworkers. Environmental Determination: This activity is included as part of
establishing CSA #4, for which a Negative Declaration was previously
approved. (Staff requests continuance to August 20, 2002 at 9:25 a.m.)
CONTINUED
TO AUGUST 20, 2002 AT 9:25 A.M.
MV-MR-ML-BW-BD
X
48. 10:30
a.m. - Public
Hearing - Appeal filed by Thomas N. Lippe, attorney on behalf of Greg Gale to
the Conservation, Development and Planning Commission’s decision to approve
Pahlmeyer Vineyards, LLC – Use Permit Request No. 00256-UP Approval to
establish a new 100,000 gallons/year winery of approximately 40,378 square feet
with: (A) a 15,679 square foot outdoor covered area; (B) a tower 47 feet high,
14 feet long by 10 feet wide; (C) 16 full-time employees and 8 part-time
employees; (D) private tours and tastings by appointment only (average 10
persons/day); (E) a marketing plan with 24 marketing events (average 15
persons/event) and 1 wine auction event per year; (F) construction of a
wastewater pond; (G) installation of turn-outs and widening of both Waters Road
and the on-site access road to the winery; and (H) proposed installation of
acceleration/deceleration lanes at the Waters Road and Monticello Road
intersection (pending CALTRANS approval), located on a 221.78 acre parcel at
the terminus of Waters Road west of Monticello Road, approximately 1.8 miles
north of Wooden Valley Road within an Agricultural Watershed (AW) Zoning
District. (Assessor’s Parcel No.
033-010-065) Environmental Determination: Mitigated Negative Declaration adopted.
PUBLIC
HEARING HELD
48. Continued
THE BOARD AGREED TO ADD THE SEVEN CONDITIONS OF
APPROVAL AGREED TO BY MR. GAYLE AND MR. PAHLMEYER TO THE EXISTING CONDITIONS OF
APPROVAL FOR USE PERMIT 00256-UP.
MV-ML-MR-BW-BD
X
ACCEPTED WITHDRAWL ML-MR-MV-BW-BD
X
Regular
Calendar
49. Clerk of the
Board requests the following appointments to the Napa River Watershed
Conservancy/Watershed Information Center (WIC) Board of Directors:
A. Appointment of two (2)
members of the Board of Supervisors.
B. Appointment of Napa County
Conservation, Development and Planning Commissioner David Graves.
C. Appointment of the
following two (2) members of the cities (represented by the League of
Municipalities):
Council Member
Jo Ann Busenbark, City of Napa
Council Member
Sampson Bowers, City of St. Helena
D. Appointment of the
following individuals:
Applicants Representing
Jake Adrian
Ruygt Napa County Land
Trust
Al Buckland Napa County
Resource Conservation District
Phil Blake Natural
Resource Conservation Service
E. Appointment of five (5)
public at large members:
Applicants
Donald P.
Gasser
G. Denny
Ghiringhelli
Jeffrey
Redding
Tom Shelton
Charles
Slutzkin
49. Continued
THE
BOARD UNANIMOUSLY APPOINTED SUPERVISORS RIPPEY AND WAGENKNECHT.
APPROVED REQUESTS MV-ML-MR-BW-BD
X
DUE TO AN
INCONSISTENCY BETWEEN THE AGENDA (STATES SIX (6) APPLICANTS) AND THE STAFF
REPORT (INDICATES FIVE (5) APPLICANTS), SUPERVISOR VARRELMAN RECSINDED HIS
PREVIOUS MOTION FOR APPROVAL.
MV-ML-MR-BW-BD
X
APPROVED
REQUESTS, AS AMENDED
MV-MR-ML-BW-BD
X
50. Discussion and possible action including,
but not limited to, the following legislation:
Proposition
51: Transportation. Allocation of Sales and Use Taxes Raised from Sale or Lease
of Motor Vehicles. (Continued from
August 6, 2002)
THE BOARD WENT ON RECORD IN OPPOSITION TO PROPOSITION 51.
MV-ML-MR-BW-BD
X
HOWARD SIEGEL,
COMMUNITY PARTNERSHIP MANAGER, PROVIDED AN UPDATE ON SB 910, (LOCAL GOVERNMENTS
WOULD BE ASSESSED PENALTIES FOR NOT HAVING AN APPROVED HOUSING ELEMENT AS
APPROVED BY THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT), STATING THE
BILL IS TENTATIVELY SCHEDULED TO BE HEARD IN THE ASSEMBLY HOUSING COMMITTEE
TOMORROW.
51. Board of Supervisors’ Committee Reports
and Announcements.
SUPERVISOR LUCE
REPORTED HE RECENTLY attendED THE redwood empire association’S QUARTERLY
meeting, AND STATED THE ASSOCIATION
IS NOW DIRECTED BY VARIOUS VISITOR BUREAUS THROUGHOUT THE DISTRICT.
52. Board of Supervisors’ Future Agenda
Items.
NONE
Adjournment.
ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,
AUGUST 20, 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