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.
PRESENTATION MADE
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.
Consent
Calendar
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.
A-2556
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.
A-4629
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
(AMEND.
1)
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
(AMEND.
1)
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
A-3409
(AMEND.
3)
B.
A Memorandum of Understanding.
A-4873
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
A-4103
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
A-2683
(AMEND.
2)
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
(AMEND.
1)
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.
A-4761
(AMEND.
1)
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.
R-02-224
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
(AMEND.
1)
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.
NONE
APPROVED CONSENT CALENDAR NUMBERS 6 THROUGH 29.
BW-V-L-R-D
Set
Matters
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
TITLE READ
THE BOARD WAIVED READING THE BALANCE OF THE
ORDINANCE
V-R-L-BW-D
THE BOARD ADOPTED THE ORDINANCE
R-BW-L-V-D O-1209
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
V-R-L-BW-D
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.
BW-R-L-V-D
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)
PRESENTATION
MADE
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.
TITLE READ
THE BOARD WAIVED READING THE
BALANCE OF THE ORDINANCE
R-L-V-BW-D
THE BOARD DECLARED INTENT TO
ADOPT THE ORDINANCE
V-L-R-BW-D
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
R-02-228
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
R-BW-L-V-D
42. Discussion
and possible action regarding legislation.
NONE
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.
NONE
Adjournment.
ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, DECEMBER 3,
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