MINUTES OF THE

 

MEETING OF THE BOARD OF SUPERVISORS

 

COUNTY OF NAPA

 

October 22, 2002

 

 

1.         Call to Order.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, OCTOBER 22, 2002 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT:  CHAIRMAN BILL DODD, SUPERVISORS MARK LUCE, MEL VARRELMAN, MIKE RIPPEY AND BRAD WAGENKNECHT.

 

2.         Pledge of Allegiance.

            DARRYL SCOTT LED THE SALUTE TO THE FLAG.

 

3.                  Presentation of a proclamation designating November as “Operation Recognition Month” to award high school diplomas to World War II and Korean War veterans.

PROCLAMATION PRESENTED

 

4.         Public Comment.

DAVID BAKER, EXECUTIVE DIRECTOR, SEIU LOCAL 614 SPOKE ON BEHALF OF NON-REPRESENTED EMPLOYEES REGARDING IMPLEMENTATION OF AB 616.

 

TERRENCE KEENAN READ INTO THE RECORD EXCERPTS FROM AN ARMY CORPS OF ENGINEER REPORT FROM 1992 REGARDING EDGERLY ISLAND.   MR. KEENAN INDICATED HE IS HAVING DIFFICULTY OBTAINING RECORDS FROM THE DISTRICT REGARDING EDGERLY ISLAND, AND HE WOULD LIKE THE BOARD OF SUPERVISORS TO AGENDIZE THIS ITEM IN ORDER TO FACILITATE MAKING THESE RECORDS AVAILABLE FOR PUBLIC REVIEW.

 

MURIEL FAGIANI FOLLOWED UP ON MR. KEENAN’S COMMENTS AND QUESTIONED WHETHER THE DISTRICT FOLLOWED THE BROWN ACT OR THE BAGLEY KEENE ACT.

 

COUNTY COUNSEL ROBERT WESTMEYER RESPONDED THE DISTRICT FOLLOWS THE BROWN ACT.

 

5.         Department Heads’ Reports and Announcements.

            NONE


 

Consent Calendar

 

6.         District Attorney, Chief Probation Officer and Sheriff request approval of and authorization for District Attorney to sign a grant application with the Office of Criminal Justice Planning for a Gang Violence Suppression Multi-Component Program for the minimum amount of $359,984 for the term October 1, 2002 through June 30, 2003.

 

7.         Auditor-Controller and County Executive Officer request approval of Budget Transfer No. 35, increasing appropriations in the Central Services and Roads budgets by a total of $566,770, partially offset by the cancellation of $515,671 in designations. (4/5 Vote required)

                                                                                                                                    BT-35

 

8.         Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4667 with Care Network, LLC, for a maximum of $10,000 for the term October 1, 2002 through June 30, 2003 to provide in-home protective services to dependent adults.                                                                          A-4667

 

9.         Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4688 with Children’s Service Society of Wisconsin, Inc., for a maximum of $5,651 for the term July 1, 2002 through June 30, 2003 to provide counseling services in the Children’s Behavioral Health and Child Welfare Services Programs.

                                                                                                                                    A-4688

 

10.       Director of Health and Human Services requests approval of the Fiscal Year 2002/2003 application for $397,700 to the California Department of Mental Health for Federal Substance Abuse/Mental Health Services Administration (SAMHSA) funding.

 

11.       Director of Health and Human Services requests approval of and authorization for Chairman to sign the following agreements regarding the Mental Health Outpatient Managed Care Program:

 

A.        Renewal of Agreement No. 4588 with Robert Jones, M.D., for a maximum of $4,000 for the term July 1, 2002 through June 30, 2003; and

                                                                                                            A-4588

 

B.         Agreement with John Siu Won Fong, M.D., for a maximum of $1,000 for the term October 1, 2002 through June 30, 2003.                           A-4859

 

12.       Director of Health and Human Services requests approval of and authorization for Chairman to sign an agreement with Napa County Ambulance Service, Inc., dba Angwin Community Ambulance for $30,000 to provide compensation for dry runs/cancelled calls and lost revenue in the Angwin Response Area.                                     A-4860

 

13.       Director of Public Works requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4754 with Kenwood Energy increasing the amount by $10,348 for a new maximum of $23,004 and amending the Scope of Services to include additional work evaluating energy efficiency options for the County.                        A-4754

                                                                                                                                    (AMEND. 1)


 

14.       Director of Public Works requests approval of and authorization for Chairman to sign a no-cost License Agreement with George Altamura for the use of space in the Sullivan building as a meal dispensing location on weekends and holidays only, commencing October 22, 2002.                                                                                                A-4861

 

15.       Director of Public Works requests approval of and authorization for Chairman to sign the following agreements:

 

A.        Master Agreement Administering Agency-State Agreement for State Funded Projects (Agreement No. 000459); and                                            A-4862

 

B.         Program Supplement Agreement No. 834 for Administering Agency-State Agreement No. 000459 for the Steele Canyon Road Overlay Project.

 

16.       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. PW 01-09, “Hall of Justice and Jail Interior Alterations Project.”

 

17.         Director of Public Works requests the following:

 

A.        Approval of and authorization for Chairman to sign a Joint Powers Agreement (JPA) between the City of Calistoga and Napa County allowing inclusion of paving within Calistoga City limits along Silverado Trail adjacent to paving within Napa County; and                                                  A-4863

 

B.         Approval of plans and specifications for the “Overlay Various County Roads Project,” PW 02-13, authorization to advertise for bids and setting 3:30 P.M. on November 14, 2002 for opening of sealed bids.

 

18.       Director of Public Works/Aviation requests authorization for Chairman to sign a Certificate of Acceptance of an Avigation and Hazard Easement Deed from DEVLIN RD, LLC.  (Assessor’s Parcel Nos. 057-020-034 and 057-020-035)

 

19.       Director of Emergency Services requests the following:

 

A.        Authorization to proceed with two applications for State Domestic Preparedness Equipment Program grant funds for the Napa County Operational Area in the amounts of $107,768 and $159,000; and

 

B.         Adoption of resolution designating County personnel authorized to sign grant documents.                                                                       R-02-212


 

20.       Human Resources Director requests adoption of a resolution with regard to the following, effective November 4, 2002:

 

A.        Amend the Departmental Allocation List for the Training and Employment Center; and

 

B.         Approve revised class specifications for Job Training Director, Deputy Director Employment Training, Supervising Employment Program Specialist, Employment Program Specialist III, and Employment Program Specialist I/II.  (Details on file with the Clerk of the Board)

                                                                                                                                    R-02-213

 

21.       Human Resources Director requests adoption of a resolution amending the Departmental Allocation List, Table and Index, Class Specifications and related policies with regards to several positions in the County Executive Office and its Divisions, effective

October 12, 2002.                                                                                           R-02-214

 

22.       Human Resources Director requests adoption of a resolution amending the Departmental Allocation List and approving the revised Class Specification for the Communications Manager within the County Executive Office, effective October 26, 2002.

                                                                                                                                    R-02-215

 

23.       Human Resources Director requests adoption of a resolution amending the Table and Index for the Psychiatric Medical Director position in the Health and Human Services Agency, effective October 26, 2002.                                                                          R-02-216

 

24.       Information Technology Services Director requests approval of the use of the Virtual Private Network (VPN) and Web Usage Agreement form for authorizing third-party access to the County’s network and information resources over the Internet.

 

25.       County Executive Officer requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4634 with Mark Gaffney, dba Gaffney Display, for $6,200 for the term October 22, 2002 through September 30, 2003 to design and construct a 2003 State Fair exhibit for Napa County.

            HELD FOR DISCUSSION                                                                         A-4634

                                                                                    L-V-R-BW-D

 

26.       County Executive Officer requests approval of and authorization for Chairman to sign an agreement with TMP Worldwide eResourcing America, Inc., for a maximum of $45,276 for the term October 21, 2002 through December 31, 2002 to perform financial consulting services at the Health and Human Services Agency.                                         A-4864

 

27.       County Executive Officer requests authorization to advertise for applications, in lieu of an election, to fill two (2) positions on the Napa County Resource Conservation District Board of Directors with the terms of office to expire November 30, 2006.

 

28.       County Executive Officer requests appointment of Anita J. Catlin, the sole applicant, to serve on the Mental Health Board for the category "Interested and Concerned Citizen" with term of office to expire January 1, 2004.

 

29.       County Executive Officer/Purchasing Agent requests the following:

 

A.        Declare one used backhoe (Asset ID No. 1174) as surplus property and no longer required for public use;

 

B.         Authorization for the Purchasing Agent to accept a trade-in allowance for the backhoe; and

 

C.         Authorization to remove the backhoe from the County’s fixed asset property list after the purchase and trade-in transactions have been completed.

 

30.       County Executive Officer/Purchasing Agent and Information Technology Services Director request the following (Unanimous Vote Required):

 

A.        Declare certain computer monitors as surplus and no longer required for public use (Complete list on file with the Clerk of the Board);

 

B.         Declare that the individual value of these computer monitors does not exceed the sum of five hundred dollars ($500); and

 

C.         Authorize the Purchasing Agent to dispose of the computer monitors by public sale.

 

31.       Approve minutes of Board of Supervisors’ meeting of October 1, 2002.

 

32.       Discussion of items removed from the consent calendar.

            SEE NUMBER 25.

 

APPROVED CONSENT CALENDAR NUMBERS 6 THROUGH 31, AS AMENDED.                                                      V-BW-L-R-D

 

Set Matters

 

33.       9:10 a.m. -Public Hearing  - Director of Conservation, Development and Planning requests consideration and possible adoption of a Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA) in relation to the Sheriff’s Facility and Devlin Road Extension Project.  Environmental Determination:  Mitigated Negative Declaration Prepared.  According to the Mitigated Negative Declaration, the proposed project would have, if mitigation measures are not included, potentially significant environmental impacts in the following areas: biological resources (Devlin Road extension), air quality (construction activities), noise (construction), and traffic (circulation).

            PUBLIC HEARING HELD

 

            APPROVED REQUEST                             L-V-R-BW-D


 

34.       9:15 a.m. - Public Hearing - Conditions of Approval and Resolution certifying the Environmental Impact Report and adopting the Findings of Fact denying the 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 (3) 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 CL (Commercial Limited) 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 AW (Agricultural Watershed) 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, June 4, July 9, 16, August 20, September 3 and October 1, 2002.  Staff requests continuance to November 12, 2002 at 2:00 p.m.)

            PUBLIC HEARING            CONTINUED TO NOVEMBER 12, 2002 AT 2:00 P.M.

                                                                                    BW-L-V-R-D

 

35.       9:45 a.m. - Public Hearing  - Appeal by Norbert J. Dickman to the approval by the Director of Public Works of a lot line adjustment application of the lands of James Creek Vineyards, LLC.  (Continued from September 24, 2002; Applicant and Appellant request continuance to December 10, 2002 at 9:20 a.m.)

            PUBLIC HEARING CONTINUED TO DECEMBER 10, 2002 AT 9:00 A.M.

                                                                        BW-R-L-V-D

 

36.       10:00 a.m. - Dale Wagerman, Napa County’s legislative advocate, to provide a status report.

            REPORT PRESENTED

 

37.       11:00 a.m. - Public Hearing: - Casa Las Trancas Winery/John and Linda Miller Trust (located on a 11.66 acre parcel on the north side of “Old Trancas Street”, approximately 220 feet east of intersection with Big Ranch Road) - Request the following:

 

A.        First and final reading and adoption of Proposed Ordinance No. 01265-RZG to rezone +/- 6.45 acres of an 11.66 acre parcel from a Residential County/

Agricultural Preserve (RC/AP) split zoning district to an Agricultural Preserve (AP) zoning;


 

37.       Continued

 

B.         Approval of Use Permit to establish a new 100,000-gallon per year winery with 22,700 square feet of building(s) for fermentation, barrel storage, bottling, retail sales, administration offices and laboratories and a 1,500 square foot covered crush pad area for a winery totaling 24,200 square feet and, 1) custom crushing activities (crushing, fermentation, barrel aging and bottling) for up to two custom producers utilizing 25% (25,000 gallons per year) of the total approved winery production capacity; 2) three full and/or part-time employees (three additional employees at harvest); 3) 50 visitors per week; 4) a picnic area; 5) 17 parking spaces; 6) tours and tasting by appointment only; 7) a marketing plan with six activities per year with a maximum of 35 people per event, two wine auction events with a maximum of 50 people per event and one event per month for wine related organizations with a maximum of 35 people per event; 8) construction of a pressure distribution sewage system; and, 9) road and access improvements; and

 

C.         Adoption of mitigated negative declaration subject to the conditions of approval of the use permit.  Environmental Determination:  Mitigated Negative Declaration Prepared.  According to the Mitigated Negative Declaration, the proposed project would have, if mitigation measures are not included, potentially significant environmental impacts in the following areas: aesthetics, cultural, noise, traffic.

 (Applicant requests continuance to December 3, 2002 at 10:00 a.m.)

            PUBLIC HEARING OPENED

 

PUBLIC HEARING CONTINUED TO DECEMBER 3, 2002 AT 10:00 A.M.

                                                                                    L-BW-V-R-D 

 

38.       2:00 p.m. - Director of Conservation, Development, and Planning to review implementation                        of the Viewshed regulations and request initiation of amendments to the Viewshed ordinance, application forms and outreach materials as detailed in the staff report.

APPROVED STAFF RECOMMENDATIONS 1 THROUGH 10, AS LISTED IN THE STAFF REPORT DATED OCTOBER 22, 2002 INCLUDING REVIEW OF ADDITIONAL SUGGESTIONS BY THE BOARD, AS FOLLOWS:

 

·        CLARIFY AS PART OF CODE ENFORCEMENT A MECHANISM TO REQUIRE VEGETATION REPLANTS BY PROPERTY OWNERS OR BY THE COUNTY WHEN SCREENING IS NO LONGER IN PLACE. 

·        CLARIFY VIEWSHED WORDING RELATING TO FLAT RIDGE TOPS.

                                                                                    R-V-L-BW-D


 

Regular Calendar

 

39.       Director of Health and Human Services requests approval to submit an application for $261,250 to the California Department of Health Services for the 2002-03 Local Public Health Preparedness and Response to Bioterrorism funding.

            APPROVED REQUEST                             R-BW-L-V-D

 

40.       Discussion and possible action regarding legislation.

            NONE

 

41.       Board of Supervisors’ Committee Reports and Announcements.

SUPERVISOR LUCE REPORTED THAT THE NAPA SANITATION DISTRICT RECEIVED AN AMENDED PERMIT FROM THE REGIONAL WATER QUALITY CONTROL BOARD.

 

CHAIRMAN DODD REPORTED THE METROPOLITAN TRANSPORTATION COMMISSION WILL BE CONDUCTING AN AWARDS PRESENTATION IN OAKLAND HONORING TRANSIT AMBASSADORS AND BOARD MEMBERS WHO HAVE WORKED DILIGENTLY ON CONSOLIDATING TRANSIT SERVICES.

 

42.       Board of Supervisors’ Future Agenda Items.

            CHAIRMAN DODD REQUESTED AN UPDATE REGARDING THE DEVLIN ROAD PROJECT AND THE TIMELINE FOR CONSTRUCTION OF THAT PROJECT AND OTHER EXTENSIONS IN THE AIRPORT AREA.

 

43.       Closed Session:

 

A.        Conference with legal counsel - existing litigation

(Government Code Section 54956.9 (a))

Name of case:  (Workers Compensation Case No. WCK63679)

 

B.         Conference with legal counsel – anticipated litigation

 

            Significant exposure to litigation pursuant to Government Code Section

54956.9(b):  (One case)

 

C.         Conference with labor negotiator  (Government Code Section 54957.6):

Agency negotiator:  Charla Freckmann, Personnel Director

Employee organization:  SEIU Local 614 (NAPE)

Unrepresented employees:  Non-Classified, Management and Confidential

Employees (Excluding Elected Officials)

CLOSED SESSION HELD – NO REPORT


 

 

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, NOVEMBER 5, 2002 AT 9:00 A.M.

 

 

 

                                                                                                                                   

BILL DODD

Chairman

 

 

 

ATTEST:

 

 

                                               

MICHELLE PRICE

Deputy Clerk of the Board

 

 

 

KEY

 

L = Mark Luce; R = Mike Rippey; V = Mel Varrelman; D= Bill Dodd; BW = Brad Wagenknecht

 

Notations under Vote:  N = No; X = Excused; A = Abstain