MINUTES OF THE
MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF NAPA
January 21, 2003
1. Call to Order.
THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, JANUARY 21, 2003 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIR BRAD WAGENKNECHT, SUPERVISORS BILL DODD, MARK LUCE AND DIANE DILLON. SUPERVISOR MIKE RIPPEY IS EXCUSED.
2. Pledge of Allegiance.
BILL CHADWICK, DIRECTOR, NAPA VALLEY COALITION OF NON-PROFIT AGENCIES, LED THE SALUTE TO THE FLAG.
3. Public Comment.
HERBERT FORD OF ANGWIN REQUESTED CLOSED SESSION ITEMS BE SCHEDULED AT THE BEGINNING OR AT THE END OF THE AGENDA.
MR. FORD ALSO COMMENTED REGARDING THE PROPOSED STREAM SETBACK ORDINANCE STATING HE HOPES THE BOARD WILL HAVE “GOOD SCIENCE” TO CONSIDER PRIOR TO VOTING.
BILL CHADWICK, ON BEHALF OF THE COALITION OF NON-PROFITS, OFFERED SUPPORT TO THE BOARD OF SUPERVISORS AS PART OF THEIR ON-GOING PARTNERSHIP WITH THE COUNTY, ESPECIALLY DURING THE CURRENT STATE BUDGET CRISIS. MR. CHADWICK REAFFIRMED THE MISSION OF THE COALITON OF NON-PROFIT AGENCIES AND, IN COLLABORATION WITH THE BOARD, WOULD LIKE TO CONTINUE TO “STRENGTHEN AND SUPPORT NON-PROFIT SERVICE PROVIDERS AND THEIR HEALTH AND HUMAN SERVICE MISSION IN THE NAPA VALLEY”.
4. Department Heads’ Reports and Announcements.
5. Chief Probation Officer requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4776 with Aldea, Inc., to allow for an alternate compensation schedule without an increase in total allowable costs A-4776
6. Chief Probation Officer requests approval of and authorization for the Chair to sign an agreement with Sonoma County for a maximum of $18,000 for the term January 21, 2003 through June 30, 2003 for the placement of a Napa County ward.
REMOVED FROM THE AGENDA.
7. Director of Child Support Services and Auditor-Controller request approval of Budget Transfer No. 55 in the amount of $35,931 from County Designations and Budget Transfer No. 56 in the amount of $79,358 from the Child Support Excess Incentive Trust Account increasing appropriations in the Department of Child Support Services by $115,289 with offsetting revenue to return unexpended incentive funds to the State of California. (4/5 vote required)
8. Sheriff requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4737 with TMD Group, Inc. extending the term to January 31, 2004 for the “Avoid the Six” Program, to encourage safe and sober driving. A-4737
9. Sheriff requests the following actions regarding a grant from the State of California:
A. Acceptance and authorization for Sheriff to sign an agreement with the Department of Boating and Waterways for the term September 25, 2002 through September 25, 2003 for a maximum of $20,000 for boat patrol replacement engines and outdrives; and
B. Approval of Budget Transfer No. 53 increasing appropriations in the Sheriff’s budget by $20,000 with offsetting revenue. (4/5 vote required) BT-53
10. Sheriff request approval of Budget Transfer No. 54 increasing appropriations in the Sheriff’s budget by $7,503 with offsetting revenue from the Asset Forfeiture Trust fund for the purchase of patrol radios. (4/5 vote required) BT-54
11. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4317 with Staff Care, Inc., for a maximum of $100,000 for the term January 1, 2003, through June 30, 2003 to provide recruitment and psychiatric services to the Mental Health Program. A-4317
12. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 3484 with the California Department of Health Services for the HIV Counseling and Testing Memorandum of Understanding. A-3484
13. Director of Health and Human Services requests approval of and authorization for the Chair to sign a revenue agreement with the Housing Authority of the City of Napa for a maximum of $54,577 for the term October 1, 2002, through June 30, 2003 to provide a Family Self-Sufficiency Counselor for participants in the Family Self-Sufficiency Program. A-4907
14. Director of Health and Human Services requests authorization to accept donations of toys and cash on behalf of the Child Protective Services Program in accordance with Government Code Section 25355.
15. Director of Health and Human Services requests authorization to submit an application for a $20,000 grant from the State Office of Child Abuse Prevention (OCAP) for the Napa County Citizen’s Review Panel.
16. Director of Conservation, Development and Planning requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4797 with EDAW increasing the amount by $54,622 for a new maximum of $149,474 in preparation of Initial Study and related California Environmental Quality Act documents for Erosion Control Application 99-323.
17. Director of Public Works requests an extension to January 9, 2004 for the improvements completion date required by Subdivision Improvement Agreement No. 4105 with the Barrel Ten Quarter Circle Land Company.
18. Director of Public Works requests authorization to reduce the retention from 10% to 5% for the “Napa County Hall of Justice, Historical Courthouse and Library HVAC Replacement Project,” PW 02-05.
19. Director of Public Works requests acceptance of the work as complete and authorization for the Chair to sign and file a Notice of Completion with the Clerk/Recorder for Contract No. PW 02-04, “Napa County Airport Guidance Signs Improvements Project.”
20. Director of Public Works requests acceptance of work as complete and authorization for the Chair to sign and file a Notice of Completion with the Clerk/Recorder for Contract No. PW 02-19, “Napa County Airport Spall and Corner Break Repairs on Runway 18R-36L Project.”
21. Director of Public Works, Information Technology Services Director and the Treasurer/ Tax Collector request authorization for out of state travel for Lisa Casassa, Public Works Senior Account Clerk, Tamie Frasier, Treasury Manager, Harry Hastie, Information Systems Manager, and Carrie Stockton, Information Specialist, to attend the High Mobility Solutions (HMS) Conference in Asheville, North Carolina, from April 22-25, 2003, at a total estimated cost of $2,000 per person.
22. Clerk of the Board requests approval of and authorization for the Registrar of Voters to conduct a consolidated general election to be held March 4, 2003, pursuant to the City of Calistoga’s request (Resolution No. 2002-124), with the provision that all services rendered by the County for the City in connection with such election be reimbursed in full. (Resolution on file with the Clerk of the Board)
23. County Counsel requests approval of the following:
A. Conflict of Interest Code for the newly organized In-Home Supportive Services Public Authority of Napa County; and
B. Amended Conflict of Interest Codes for the following local agencies:
i) Napa County Flood Control and Water Conservation District;
ii) Lake Berryessa Resort Improvement District;
iii) Napa-Berryessa Resort Improvement District;
iv) Silverado Community Services District; and
v) Local Agency Formation Commission of Napa County.
(Copies on file with the Clerk of the Board)
24. County Counsel requests adoption of a resolution ratifying the appointment of the County Executive Officer effective March 1, 2003 and approving the employment contract for this appointment. (Contract on file with the Clerk of the Board) R-03-08
25. County Counsel requests approval of and authorization for the Chair to sign Amendment No. 4 to Agreement No. 4169 with Foley & Lardner to provide for a maximum compensation of $135,000 for Fiscal Year 2002/2003 and $135,000 for each subsequent fiscal year, for legal services relating to Medicare and Medi-Cal regulatory processes. A-4169
26. Director of Emergency Services requests approval of the following actions related to a Fiscal Year 2002 Supplemental Grant for Citizen Corps and Community Emergency Response Team (CERT) from the Federal Emergency Management Agency, Office of National Preparedness:
A. Authorization to apply for the grant in the amount of $8,836; and
B. Adoption of a resolution designating individuals in the following positions to execute documents associated with the grant application: County Executive Officer, or Principal Management Analyst, or Emergency Services Manager. R-03-09
27. Human Resources Director requests adoption of a resolution approving revised class specifications with regards to the position of Administrative Manager/Clerk of the Board, effective January 21, 2003. R-03-10
28. Human Resources Director requests adoption of a resolution regarding an application for industrial disability retirement with Public Employee’s Retirement System (PERS), effective November 23, 2002. R-03-11
29. Human Resources Director requests adoption of the following Retirement Resolutions:
A. No. 03-06 for Lucille Cameron, Probation Officer III, Probation Department, in recognition of over 29 years of service; and R-03-06
B. No. 03-07 for Linda Christian, Legal Clerk/Computer Systems Supervisor, Sheriff’s Department, in recognition of over 32 years of service. R-03-07
30. Information Technology Services Director requests a waiver of competitive bidding requirements and authorization to make a sole source award for the purchase and installation of Cardiff LiquidOffice eForm Management System Software from NEKO Industries, Inc., at a cost not to exceed $72,193.
31. Regional Training Employment Coordinator requests approval of and authorization for the Chair to sign an agreement with the State of California, Employment Development Department for a maximum of $405,000 for the term January 1, 2003 through December 31, 2005 for the California Occupational Information System (COIS) Project for the North Bay. A-4909
HELD FOR DISCUSSION
APPROVED REQUEST BD-ML-MR-DD-BW
32. Regional Training Employment Coordinator requests approval of the following actions pertaining to the Nurse Workforce Initiative (NWI) with the State of California, Employment Development Department:
A. Approval of and authorization for the Chair to sign an agreement in the amount of $1,041,024 for the term of October 1, 2002 through September 30, 2005; and
B. Approval of Budget Transfer No. 52 appropriating $1,041,024 in the Regional Training Employment budget, with offsetting revenues from the NWI grant. (4/5 vote required)
HELD FOR DISCUSSION
APPROVED REQUEST BD-ML-MR-DD-BW
33. Acting County Executive Officer recommends extending the term of the Selective Hiring Policy effective June 4, 2002 through June 30, 2003.
34. Acting County Executive Officer/Director of Emergency Services requests adoption of a resolution extending the Proclamation of Local Emergency declared on December 16, 2002.
35. Discussion of Items Removed from the Consent Calendar
ITEM NUMBER 6 WAS REMOVED FROM THE AGENDA.
ITEM NUMBERS 31 AND 32 WERE HELD FOR DISCUSSION.
APPROVED CONSENT CALENDAR NUMBERS 5 THROUGH 34, AS AMENDED.
36. 9:10 A.M. Dale Wagerman, Napa County’s legislative advocate, to provide a status report regarding the budget.
PRESENTATION MADE – NO ACTION TAKEN
37. 9:15 A.M. Discussion and possible action including, but not limited to, the following legislation:
Adoption of a resolution urging the California Legislature to reject the Governor's proposed shift of local Vehicle License Fee revenues and to honor the 1998 commitment to restore the Vehicle License Fees.
ADOPTED RESOLUTION BD-DD-MR-ML-BW R-03-13
38. 9:30 A.M. Board of Supervisors meeting as a Board of Equalization.
(SEE BOARD OF EQUALIZATION MINUTES)
39. 10:00 A.M. Director of Conservation, Development and Planning (CDP) to update the Board on Napa County Watershed programs and activities and request the following actions:
A. Approval of Budget Transfer No. 57 appropriating $289,344 from the Contingency Fund to the CDP budget (4/5 vote required);
APPROVED BUDGET TRANSFER IN THE AMOUNT OF 89,556.00 (RATHER THAN $289,344). ML-BD-MR-DD-BW
B. Approve and authorize the Chair to sign the following agreements:
i) Amendment No. 1 to Agreement No. 4670 with Jones and Stokes increasing the amount by $199,788 for a new maximum of $328,208 to implement the following Napa River Watershed Task Force (NRWTF) Phase II recommendations:
1) Conservation Regulations Update – completion of comprehensive re-write.
2) Oak Preservation Ordinance – development of ordinance.
3) Watershed Fees and Incentives – development of program.
CONTINUED TO FEBRUARY 4, 2003. ML-BD-MR-DD-BW
ii) Agreement with Austin McInerny Consulting for $43,730 for the term January 21, 2003 through June 30, 2003 for phase one of the Master Environmental Assessment; and
APPROVED REQUEST ML-BD-MR-DD-BW A-4911
iii) Agreement with Jones and Stokes for $45,826 for the term January 21, 2003 through June 30, 2003 for development and processing of Local Timber Harvest Rules.
APPROVED REQUEST ML-BD-MR-DD-BW A-4912
C. Board direction on NRWTF Oversight Committee (NRWTFOC) appointments as follows:
i) Direct staff to seek candidates for the vacant positions, including Planning Commission representative, on the NRWTFOC and bring back for Board consideration and appointment; and
ii) Consider expanding the NRWTFOC to include a residential property owner representative and such other additional interest/community group representatives, as the Board deems necessary.
CONTINUED TO FEBRUARY 4, 2003. ML-BD-MR-DD-BW
40. 10:40 A.M. Closed Session regarding:
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section 54956.9(b): (One case)
CLOSED SESSION – NOT HELD
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code Section 54956.9 (a))
Name of case: Wesley and Lauren Thollander, et. al. v. Napa County Board
of Supervisors, et.al. A100527 (Napa County Superior Court Case No. 26-15917)
SUPERVISOR DILLON RECUSED HERSELF FROM THIS ITEM DUE TO CONFLICT OF INTEREST. THE TYPE OF CONFLICT WAS NOT DISCLOSED DUE TO ATTORNEY-CLIENT PRIVILEGE.
CLOSED SESSION HELD – NO REPORTABLE ACTION
41. 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;
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.
(CONTINUED FROM OCTOBER 22 AND DECEMBER 3, 2002)
PUBLIC HEARING CONTINUED TO APRIL 22, 2003 AT 9:15 A.M.
42. 1:30 P.M. Recess to the Napa County Flood Control and Water Conservation District meeting.
(SEE NAPA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT MINUTES)
43. Acting County Executive Officer requests appointment of three (3) members from the following applicants to serve on the Napa County Children and Families Commission with the term of office to expire January 1, 2007:
Anne Carver Tracy Lamb
Dianna Chiabotti George J. Monteverdi*
Dee Cuney Sarah L. Van Giesen
Sheila M. Daugherty Jason A. Weiss
STAFF ADVISED DIANNA CHIABOTTI SHOULD BE REMOVED FROM THE LIST OF APPLICANTS AS SHE IS NOT A RESIDENT OF THE COUNTY OF NAPA.
SUPERVISOR LUCE NOMINATED DEE CUNEY, SUPERVISOR DILLON NOMINATED ANNE CARVER, CHAIR WAGENKNECHT NOMINATED GEORGE MONTEVERDI AND THE BOARD APPOINTED THOSE NOMINATED.
44. Acting County Executive Officer requests appointment of two (2) members from the following applicants to serve on the Napa County Commission on the Status of Women as General Public Representatives with the term of office to expire October 1, 2003:
Olga Livia Cruz
Mayra Alejandra Perez
SUPERVISOR DILLON NOMINATED AND THE BOARD APPOINTED OLGA LIVIA CRUZ AND MARILYN DUNN. DD-BD-MR-ML-BW
45. Acting County Executive Officer to present overview of planned issuance of Certificates of Participation (COP) to finance new Napa Sheriff’s Facility and Juvenile Justice Center Projects, and also to possibly refinance existing COP.
UPDATE PRESENTED – NO ACTION TAKEN
46. Board of Supervisors’ Committee Reports and Announcements.
47. Board of Supervisors’ Future Agenda Items.
SUPERVISOR LUCE REQUESTED STAFF LOOK INTO LOCATING A NEW MEETING ROOM FOR THE REPUBLICAN CENTRAL COMMITTEE. THE COMMITTEE IS NO LONGER ABLE TO USE THE BOARD OF SUPERVISORS’ MEETING ROOM DUE TO THE COUNTY’S ENERGY POLICY.
ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,
JANUARY 28, 2003 AT 9:00 A.M. AT 1195 THIRD STREET, ROOM 305, NAPA, CALIFORNIA, 94559.
Deputy Clerk of the Board
Vote: BW = Brad Wagenknecht; BD = Bill Dodd; MR = Mike Rippey; ML = Mark Luce;
DD = Diane Dillon
Notations under Vote: N = No; X = Excused; A = Abstain