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.
NONE
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
(AMEND.
1)
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.
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)
BT-55
&
BT-56
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
(AMEND.
1)
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
(AMEND. 1)
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.
A-4797
(AMEND.
1)
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
A-4908
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
(AMEND.
4)
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
X
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
A-4910
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)
BT-52
HELD FOR DISCUSSION
APPROVED REQUEST BD-ML-MR-DD-BW
X
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.
R-03-12
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.
BD-DD-MR-ML-BW
X
Set Matters
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
X
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
X
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
X
39. Continued
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
X
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
X
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
X
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.
BD-ML-MR-DD-BW
X
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)
Regular Calendar
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:
Applicants
Anne Carver Tracy Lamb
Dianna Chiabotti George J. Monteverdi*
Dee Cuney Sarah L. Van
Giesen
Sheila M. Daugherty Jason A. Weiss
*Incumbent
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.
ML-BD-MR-DD-BW
X
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:
Applicants
Olga Livia Cruz
Marilyn Dunn
Mayra Alejandra Perez
SUPERVISOR DILLON NOMINATED
AND THE BOARD APPOINTED OLGA LIVIA CRUZ AND MARILYN DUNN. DD-BD-MR-ML-BW
X
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.
NONE
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.
Adjournment.
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.
BRAD WAGENKNECHT
Chair
ATTEST:
MICHELLE
PRICE
Deputy
Clerk of the Board
KEY
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