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