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):

 

Applicants

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