MINUTES OF THE
MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF NAPA
November 12, 2002
1. Call to Order.
THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, NOVEMBER 12, 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.
JUDGE SCOTT SNOWDEN LED THE SALUTE TO THE FLAG.
3. Presentation of proclamation to County Information Technology Services Geographic Information Systems (GIS) staff, proclaiming November 20, 2002 as GIS Day.
4. Public Comment.
AL CARDWELL COMMENTED ON THE PLIGHT OF THE HOMELESS.
JUDGE SNOWDEN INTRODUCED MARY BUTLER, THE NEW CHIEF PROBATION OFFICER FOR THE COUNTY OF NAPA.
CANDACE ELIZA SPOKE ON BEHALF OF THE HOMELESS AND REQUESTED THE BOARD OF SUPERVISORS LOOK INTO HOUSING AT THE NAPA STATE HOSPITAL.
5. Department Heads’ Reports and Announcements.
BRUCE HEID, DIRECTOR, HEALTH & HUMAN SERVICES, REPORTED ON THE CONTINUING EFFORTS TO LOCATE A FACILITY TO PROVIDE A WINTER HOMELESS SHELTER.
6. Napa Special Investigations Bureau Governing Board requests authorization to distribute to the member agencies $43,000 seized and forfeited from narcotic/drug trafficking investigations in Napa County.
7. Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 2390 with the California Department of Mental Health for a maximum of $178,948 for the term July 1, 2002 through June 30, 2003 for the Conditional Release Program (CONREP). A-2390
8. Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 2556 with Community Action of Napa Valley, Inc., for a maximum of $180,795 for the term July 1, 2002 through June 30, 2003 to provide shelter services to the homeless.
9. Director of Health and Human Services requests approval of and authorization for Chairman to sign
the renewal of Agreement No. 4629 with Syed Kazmi, M.D., for a maximum of $5,000 for the term July 1, 2002 through June 30, 2003 to provide services in the Outpatient Managed Care Program.
10. Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4697 with Mary Baracco for a maximum of $34,300 for the term July 1, 2002 through June 30, 2003 to provide nurse practitioner services in county health clinics and to provide home visitation evaluations. A-4697
11. Director of Health and Human Services requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4074 with Martin Forst, Ph.D., increasing the amount by $15,000 for a new maximum of $25,000 to provide consultation services and program evaluation services to the Drug Court Steering Committee. A-4074
12. Director of Health and Human Services requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement 4656 with Shameem Ghauri, M.D., increasing the amount by $11,680 for a new maximum of $25,010 to provide psychiatric services to clients of the Therapeutic Child Care Center and the mental health programs. A-4656
13. Director of Health and Human Services requests approval of and authorization for Chairman to sign the following agreements with the California Department of Health Services increasing the amount by $3,279 for a new maximum of $680,094 for the provision of HIV counseling and testing services and implementation of the Evaluating Local Interventions (ELI) Program:
A. Amendment No. 3 to Agreement No. 3409, a Master Grant Agreement; and
B. A Memorandum of Understanding.
14. Director of Health and Human Services requests approval of and authorization for Chairman to sign the following agreements to provide counseling services in the Children’s Behavioral Health and Child Welfare Services Programs:
A. Agreement with Don Scully, MFT, for a maximum of $3,744 for the term July 1, 2002 through June 30, 2003; and A-4874
B. Agreement with Ohlhoff Recovery Programs for a maximum of $9,750 for the term August 1, 2002 through June 30, 2003. A-4875
15. Agricultural Commissioner requests approval of and authorization for Chairman to sign renewals of the following agreements with the California Department of Food and Agriculture (CDFA) to perform services for the term July 1, 2002 through June 30, 2003:
A. Agreement No. 4103 for reimbursement of costs associated with high-risk pest exclusion inspection services with offsetting revenue, not to exceed $26,277; and
B. Agreement No. 1030, covering costs associated with inspection of shell eggs at retail locations, with revenue not to exceed $200. A-1030
16. Agricultural Commissioner/Sealer of Weights and Measures requests approval of and authorization for Chairman to sign amendments to the following agreements:
A. Amendment No. 2 to Agreement No. 2683 with the California Department of Food and Agriculture (CDFA) decreasing the amount by $1,365 for a new maximum of $12,080 for services performed July 1, 2002 through June 30, 2004 for the reimbursement of costs associated with petroleum inspections; and
B. Amendment No. 1 to Agreement No. 2036 with the United States Department of Agriculture (USDA) increasing the amount by $15,300 for a new maximum of $64,317 for services performed July 1, 2002 through June 30, 2003 to provide animal damage control. A-2036
17. County Fire Chief and Acting County Executive Officer/Purchasing Agent request a waiver of competitive bidding requirements and authorization to make a sole source award for the purchase of a Pierce Class A Pumper for the Dry Creek-Lokoya Volunteer Fire Department from Golden State Fire Apparatus of Modesto, California, for the total amount of $300,000.
18. Director of Public Works requests approval of and authorization for Chairman to sign an agreement with RossDrulisCusenbery Architecture Inc. of Sonoma for a maximum of $24,685 for the term November 12, 2002 through June 30, 2003 for architectural consulting services for the Napa County Residential Stabilization Center. A-4876
19. 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 01-17, “Airport Boulevard Widening Project.”
20. Clerk of the Board requests approval of and authorization for the Registrar of Voters to conduct an election to be held March 4, 2003, pursuant to the St. Helena Unified School District’s request (Resolution No. 02-09), with the provision that all services rendered by the County for the District in connection with such election be reimbursed in full. (Resolution on file with the Clerk of the Board)
21. County Counsel and Auditor-Controller request approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4761 with Trucker Huss, increasing the amount by $15,000 for a new maximum of $35,000 for the term 2002/2003 and $25,000 annually thereafter, for legal services related to deferred compensation plans, CalPERS matters and income and tax reporting obligations.
22. Human Resources Director requests adoption of a resolution approving the revised class specification with regards to the position of Behavioral Health Care Manager, effective November 5, 2002. Continued from November 5, 2002. Staff requests continuance to December 3, 2002.
CONTINUED TO DECEMBER 3, 2002
23. Human Resources Director requests adoption of a resolution amending the Departmental Allocation List with regards to adding two (2) Correctional Officer I Limited Term (LT) positions in the Corrections Department effective November 12, 2002 through June 30, 2003.
24. Human Resources Director requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4735 with Carrie Hays, dba The Halle Group, for a maximum of $20,000 for the term September 1, 2002 through June 30, 2003. A-4735
25. Human Resources Director requests authorization for Leave Without Pay for a part-time Secretary in LAFCO from November 4, 2002 through January 24, 2003.
26. Acting County Executive Officer requests adoption of a resolution authorizing execution of a Termination Agreement removing certain property from the 1996 Certificates of Participation Lease Agreement, and other certain actions related to said Agreement. R-02-225
27. Acting County Executive Officer requests appointment of Laura Eddings to serve on the Napa Valley Conference & Visitors Bureau with the term of office to expire June 1, 2003.
28. Acting County Executive Officer/Purchasing Agent and Sheriff request the approval of the following actions pertaining to the Countywide Mobile Data Communications System (MDCS):
A. Budget Transfer No. 37 transferring $80,284 from Appropriations for Contingencies to the Sheriff’s budget for equipment purchases and consulting fees (4/5 Vote Required); and BT-37
B. Establishment of a fixed asset in the amount of $26,067 for a data base system.
29. Approve minutes of Board of Supervisors’ meeting of October 15, 2002.
30. Discussion of items removed from the Consent Calendar.
APPROVED CONSENT CALENDAR NUMBERS 6 THROUGH 29.
31. 9:10 a.m. - Special Meeting - The Board of Supervisors sitting as the Board of Directors of the Napa County Public Improvement Corporation.
(SEE NAPA COUNTY PUBLIC IMPROVEMENT CORPORATION MINUTES)
32. 9:15 a.m. – Public Hearing - County Counsel requests the Board of Supervisors consider and adopt a resolution amending the County’s Conflict of Interest Code.
PUBLIC HEARING HELD
ADOPTED RESOLUTION R-L-V-BW-D R-02-226
33. 9:20 a.m. – Public Hearing - First and final reading of an ordinance appointing two members (Mitchell Klug and Al Buckland) to the Napa County Resource Conservation District Board of Directors in lieu of an election pursuant to Public Resources Code, section 9314 et. seq.
PUBLIC HEARING HELD
THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE
THE BOARD ADOPTED THE ORDINANCE
34. 9:25 a.m. – Public Hearing - Second reading and adoption of an ordinance amending certain provisions of Title 17 of the Napa County Code relating to establishing an expedited certificate of compliance process and redefining what constitutes a legal parcel for purposes of development. Environmental Determination: Exempt from California Environmental Quality Act (CEQA). No possibility the ordinance will have a significant effect on the environment. California Environmental Quality Act Guideline (14 CCR 15061(b)(3)).
PUBLIC HEARING HELD
THE BOARD ADOPTED THE ORDINANCE O-1210
35. 9:30 a.m. - Board of Supervisors meeting as a Board of Equalization.
(SEE BOARD OF EQUALIZATION MINUTES)
36. 9:30 a.m. - Closed Session:
Conference with Legal Counsel – Anticipated Litigation
i) Initiation of litigation pursuant to Government Code
Section 54956.9(c): (One case)
ii) Significant exposure to litigation pursuant to Government Code Section 54956.9(b): (One case)
CLOSED SESSION HELD – NO REPORT
37. 10:30 a.m. - Public Hearing - Appeals filed by Joseph Barletta and D. Michael to a decision by the Director of Public Works to approve a Lot Line Adjustment filed by Lyle E. Schafer and the Silverado Owners Association for property located at 528 Westgate Drive.
(Appellant requests continuance to December 10, 2002 at 9:15 a.m.)
PUBLIC HEARING OPENED
PUBLIC HEARING CONTINUED TO DECEMBER 10, 2002 AT 9:15 A.M.
38. 10:30 a.m. - Napa County Commission on the Status of Women to present a proclamation recognizing Mary Ann “Mimi” Formosa, and Annual Report.
(Report on file with the Clerk of the Board)
39. 11:00 a.m. - Discussion and possible action relating to the County's Code Enforcement Program:
A. Conservation, Development and Planning Department to report on Code Compliance issues.
B. First reading and intention to adopt an ordinance amending Chapter 1.20 of the Napa County Code in order to streamline the process of abating nuisances within the requirements of due process and to make other non-substantive changes. Environmental Determination: General Rule; not subject to California Environmental Quality Act (CEQA); no possibility that ordinance will have a significant effect on the environment.
THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE
THE BOARD DECLARED INTENT TO ADOPT THE ORDINANCE
40. 2:00 p.m. - Public Hearing on 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, October 1 and 22, 2002.)
ADOPTED RESOLUTIONS BW-R-L-V-D R-02-227
41. County Counsel requests adoption of a resolution calling an election and placing the Timber Harvest Initiative, entitled "Forest and Water Protection Ordinance of 2002" on the ballot for the next statewide election.
ADOPTED RESOLUTION, AS AMENDED R-02-229
42. Discussion and possible action regarding legislation.
43. Board of Supervisors’ Committee Reports and Announcements.
CHAIRMAN DODD REPORTED ON A RECENT ASSOCIATION OF BAY AREA GOVERNMENTS REGIONAL COMMITTEE MEETING, WHICH INCLUDED A PRESENTATION OUTLINING GOALS IN THE NEXT HOUSING ELEMENT CYCLE REGARDING SMART GROWTH ISSUES WITH RESPECT TO AGRICULTURAL LANDS AND OPEN SPACE.
44. Board of Supervisors’ Future Agenda Items.
ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, DECEMBER 3, 2002 AT 9:00 A.M.
Deputy Clerk of the Board
L = Mark Luce; R = Mike Rippey; V = Mel Varrelman; D= Bill Dodd; BW = Brad Wagenknecht
Notations under Vote: N = No; X = Excused; A = Abstain