MINUTES OF THE
MEETING
OF THE BOARD OF SUPERVISORS
COUNTY
OF NAPA
March 18, 2003
1. Call to Order.
THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION,
TUESDAY, MARCH 18, 2003 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRPERSON BRAD WAGENKNECHT, SUPERVISORS
BILL DODD, MIKE RIPPEY, MARK LUCE AND DIANE DILLON. THE MEETING WAS CALLED
TO ORDER BY CHAIR WAGENKNECHT AT 9:00 A.M.
2. Pledge of Allegiance.
SUE DEE SHENK, EXECUTIVE DIRECTOR, NAPA VALLEY
COMMUNITY HOUSING, LED THE SALUTE TO THE FLAG.
3.
Public
Comment.
MS. SHENK PRESENTED THE BOARD WITH A “DUMMY” CHECK
IN THE AMOUNT OF $275,220.28. THE CHECK
WAS PRESENTED AS REPAYMENT TO THE BOARD FOR THE LOAN
WITH NAPA VALLEY COMMUNITY HOUSING FOR ITS SILVERADO CREEK PARTNERS
DEVELOPMENT. THE LOAN PAYMENT IS UNIQUE
IN THAT IT WAS A RESULT OF THE EQUITY INVESTOR’S ABILITY TO OBTAIN FEDERAL AND
STATE TAX CREDITS IN ADDITION TO THE REIMBURSEMENTS FOR SCHOOL IMPACT FEES.
HERBERT FORD THANKED THE BOARD FOR
MODIFYING THE PARAGRAPH ASSOCIATED WITH THE PUBLIC COMMENT SECTION ON ITS
AGENDA. MR. FORD REQUESTED AN
EXPLANATION REGARDING THE GOVERNMENT CODE REFERENCED AND SUGGESTED THE BOARD
CONSIDER INCLUDING AN ADDITIONAL THIRTEEN WORDS TO THE END OF THE PUBLIC
COMMENT PARAGRAPH, AS FOLLOWS: “ALTHOUGH
SOME COMMENTS MAY SUGGEST THE ATTENTION OF THE BOARD IN THE FUTURE.”
LOWELL DOWNEY COMMENTED THAT HE WOULD
LIKE THE BOARD TO CONSIDER ADOPTION OF A RESOLUTION, ON THE EVE OF THE WAR WITH
IRAQ, CREATING A NEW BUDGET. MR. DOWNEY
INDICATED THAT THE COUNTY OF NAPA CANNOT CONTINUE DOING BUSINESS AS USUAL DUE
TO THE CURRENT STATE OF OUR ECONOMY.
4. Department Heads’ Reports and Announcements.
NEAL O’HAIRE, MANAGER, NAPA COUNTY EMERGENCY
SERVICES, UPDATED THE BOARD ON WHAT THE STATE AND COUNTY HAVE BEEN WORKING ON
IN REGARD TO EMERGENCY PREPAREDNESS, AS A RESULT OF THE PRESIDENT RAISING THE
NATION’S ALERT LEVEL TO ORANGE.
Consent Calendar
5. Auditor-Controller
requests the Board accept and instruct the Clerk of the Board to file the
Follow-up Letter to the Audit Report for the Department of Corrections for the
fiscal year ended June 30, 2001. (Copy
on file with Clerk of the Board)
6. Director of Health and Human Services requests approval of
and authorization for the Chair to sign the renewal of Agreement No. 4445 with
Ralph Myers, M.D., for a maximum of $15,998 for the term January 1, 2003
through December 31, 2003 to provide Touchpoints Trainings.
A-4445
7. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following amendments to provide services in the Mental Health Outpatient Managed Care Program:
A. Amendment No. 2 to Agreement No. 4550 with Carol Nagle, LCSW,
increasing the amount by $1,500 for a new maximum of $7,500; A-4550
(AMEND.
2)
B. Amendment No. 2 to Agreement No. 4547 with Joni Yacoe, MFT,
increasing the amount by $4,000 for a new maximum of $12,000; and A-4547
(AMEND.
2)
C. Amendment No. 3 to Agreement No. 4548 with Mimi Wolfe, MFT,
increasing the amount by $2,000 for a new maximum of $17,000. A-4548
(AMEND.
3)
8. Director of Health and Human Services
requests approval of and authorization for the Chair to sign Amendment No. 1 to
Agreement No. 4687 with Butte County, decreasing the amount by $386 for a new
maximum of $5,818 to coordinate administration of Medi-Cal Administrative
Activities and Targeted Case Management. A-4687
(AMEND.
1)
9. Director of Health and Human Services
requests approval of the following actions regarding Bayberry, Inc.:
A. Authorization
for the Chair to sign Amendment No. 1 to Agreement No. 4806 increasing the
amount by $12,004 for a new maximum of $32,004 to provide additional respite
services for caregivers and families of SB163 clients; and A-4806
(AMEND.
1)
B. Approval
of Budget Transfer No. 80 in the amount of $32,004 increasing appropriations
with offsetting revenue in the Social Services budget. (4/5 vote required)
BT-80
10. Director of Health and Human Services requests approval of and authorization for the Chair to designate Teresa Zimny, Program Manager II, as the Local Workforce Investment Area Administrator.
11. Director
of Conservation, Development and Planning requests approval of and
authorization for the Chair to sign an agreement with Keyser-Marston Associates
for $24,000 for the term March 18, 2003 through June 30, 2003 for preparing
updates to jobs/housing and housing mitigation analyses for the Montalcino at
Napa Resort Project. A-4938
(CONTINUED FROM MARCH 11, 2003)
12. 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 01-05, “ Napa County
Animal Shelter Project.”
13. 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 work to Napa Valley Gateway Unit 3,
Phase 6 subdivision.
14. Director of Public Works requests:
A. Adoption
of a resolution designating traffic on North Fork Crystal Springs Road to yield
to traffic on Crystal Springs Road; and R-03-50
B. Adoption of a resolution designating certain portions of Silverado Trail south of Soda Canyon Road and Second Avenue north of Coombsville Road as no parking zones.
R-03-51
15. Director of Public Works requests approval of Budget
Transfer No. 79 increasing the appropriations for the “Corrections Flooring Covering
Installation Project,” PW 02-12-R, in the Capital Improvements budget by
$34,500, with offsetting revenues from the State Criminal Alien Assistance
Program (SCAAP), for a new project maximum of $174,500. (4/5 vote required)
BT-79
16. Director of Public Works
requests approval of Budget Transfer No. 81 increasing the appropriations for
the emergency bank stabilization and sewer repairs on the Milliken Creek in the
Capital Improvements budget by $110,000, with offsetting revenues from the
Natural Resources Conservation Service (NRCS) and DLS Inns, Inc., dba Milliken
Inn, for a new total cost of $283,000.
(4/5 vote required) BT-81
17. Director of Public Works/Aviation requests authorization for the Chair to sign a Certificate of Acceptance of an Avigation and Hazard Easement Deed from DEVLIN RD, LLC and TPC INVESTMENTS ll, LLC. (Assessor’s Parcel No. 057-020-049)
18. Director of Public Works/Aviation requests authorization for the Chair to sign a Certificate of Acceptance of an Avigation and Hazard Easement Deed from SDG COMMERCE 232, LLC. (Assessor’s Parcel No. 058-030-057)
19. Human Resources Director requests authorization for Leave Without Pay for a Legal Secretary II in the Public Defender’s Office, from March 18, 2003 through August 31, 2003.
20. Human Resources Director requests adoption of Retirement
Resolution No. 03-47 for Val Hampton, Building Inspector II, in recognition of
15 years of service. R-03-47
21. Regional
Training Employment Coordinator requests approval of and authorization for the
Chair to sign an agreement with the Sonoma County Human Services Department for
$1,037,477 for the term October 1, 2002 through September 30, 2005 to implement
the Nurse Workforce Initiative (NWI) Project to recruit, train and certify 89
licensed registered nurses. A-4939
22. Regional Training Employment Coordinator requests approval of
and authorization for the Chair to sign an agreement with the Sonoma County
Human Services Department for $180,000 for the term October 1, 2002 through
September 30, 2003 to implement Projects INCLUSION and DEVELOP for people with
disabilities seeking employment. A-4940
23. County Executive Officer requests the appointment of Felix
Ayala Bedolla representing a community-based drug and alcohol treatment program
to the Juvenile Justice Coordinating Council with the term of office to expire
December 31, 2004.
24. County Executive Officer requests the following actions
related to the Board of Supervisors’ Retreat:
A. Call
Special Meetings of the Board of Supervisors, pursuant to Government Code
Section 54966, to be held Monday, March 24, 2003 at 8:30 A.M. and Tuesday,
March 25, 2003 at 8:30 A.M., at the Napa River Inn, 500 Main Street, Napa,
California, for the purpose of discussing issues and priorities of the Board;
and
B. Approval
of and authorization for the Chair to sign an agreement with David Parr for
$5,000 for the term March 18, 2003 through June 30, 2003 for retreat
facilitation services.
A-4736
25.
County
Executive Officer/Director of Emergency Services requests adoption of a
resolution extending the Proclamation of Local Emergency declared on December
16, 2002.
R-03-55
26. Discussion of items removed from the
Consent Calendar.
NONE
APPROVED CONSENT CALENDAR NUMBERS 5
THROUGH 25.
BD-DD-MR-ML-BW
Set Matters
27. 9:10
A.M. County Executive Officer to
discuss the current franchise status and request authorization for staff to
consult with the City of Napa concerning interest of exploring a joint Request
For Proposal for collection of solid waste and recyclables agreement in Garbage
Zone One of Napa County.
APPROVED REQUEST MR-DD-BD-ML-BW
28. 9:15 A.M. PUBLIC
HEARING Auditor-Controller requests
consideration and possible adoption of a resolution increasing the Criminal
Justice Administrative Fee (booking fee) from $100 to $105 per booking,
effective July 1, 2003, pursuant to Section 29550 of the California Government
Code.
(PUBLIC HEARING CONTINUED FROM MARCH 4, 2003)
PUBLIC HEARING
HELD
ADOPTED RESOLUTION BD-DD-MR-ML-BW R-03-52
29. 9:20 A.M. PUBLIC HEARING Auditor-Controller requests consideration and possible adoption of a resolution establishing the Property Tax Administration Fee allocable to public entities in Napa County for Fiscal Year 2002-2003 for services rendered in Fiscal Year 2001-2002, as authorized by Chapter 3.44 of the Napa County Code Section 95.3 of the Revenue and Taxation Code.
PUBLIC HEARING
HELD
ADOPTED RESOLUTION BD-DD-MR-ML-BW R-03-53
30. 9:25 A.M. PUBLIC HEARING Board to consider and potentially to
approve Request of Vineyard 29, LLC to amend Type “A” Agricultural Preserve
Contract No. 129/76/A, recorded on February 26, 1976 in Book 987 at page 668 in
the Official Records of Napa County, to conform to a lot line adjustment so as
to maintain the same land under contract, comprising 19.5 acres, more or less.
The properties are located on the east side of State Highway 29 within the
Agricultural Preserve (AP) Zoning District. (Assessor’s Parcel Nos. 022-010-026,
022-010-027 and 022-010-028)
ENVIRONMENTAL
DETERMINATION: Categorically Exempt under
14CCR15317 (“Class 17”)-Establishment of agricultural preserves and execution
of contracts under the Williamson Act.
PUBLIC
HEARING HELD
APPROVED
REQUEST DD-ML-BD-MR-BW
31.
9:30 A.M. Board
of Supervisors meeting as a Board of
Equalization.
(SEE
BOARD OF EQUALIZATION MINUTES)
32. 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 MEETING)
33.
2:00 P.M. PUBLIC
HEARING Adoption of Proposed Zoning Ordinance
Amendment Request (#02626-ORD) to amend Chapter 18.108 (Conservation
Regulations) by modifying Sections 18.108.010 (Purpose), 18.108.027 (General
Provisions-Vegetation Preservation in Municipal Water Supply Areas), 18.108.030
(Definitions) and 18.108.140 (Violation-Penalty) and add a new Section
18.108.135 (Oversight & Inspection) of the Napa County Code. The proposal will:
A. Expand the explicit purposes of the Conservation Regulations
to include the protection of selected specified drinking water supply
reservoirs;
B. Expand the definition of domestic water supply drainages to
include the Lake Curry, Lake Madigan, and Friesen Lakes drainages;
C. Establish that drainage facilities in
domestic water supply drainages must be designed to handle without failure the
100-year storm;
D. Require notice of erosion control plan submission to
owners/operators of water supply systems located within the area flowing into
their reservoirs;
E. Require submission of a geotechnical report for projects in
a domestic water supply drainage;
F. Require
that the project engineer oversee implementation of his/her plan;
G. Require that the property owner see that the erosion control
measures installed are routinely inspected, properly maintained, and annually
monitored;
H. Provide a procedure and timelines for dealing with failures
of erosion control facilities;
I. Require mid-winter County inspections of erosion control
plans paid for by the property owner for 3 years after the project is completed
and stabilized;
J. Require County spot checks of finished erosion control
plans to assure that they are operating properly and provide for necessary
right of entry;
K. Clarify that bonding can be required by the Director of
Planning to guarantee effective erosion control plan implementation and expand
the circumstances under which a bond can be required; and
L. Provide
new definitions and other related text changes as needed.
ENVIRONMENTAL DETERMINATION: Categorically Exempt - Class 8 (Section 15308, State CEQA Guidelines).
PUBLIC HEARING HELD
THE BOARD FOUND THAT ADOPTION OF THE
PROPOSED DOMESTIC WATER SUPPLIES PROTECTION ORDINANCE WAS EXEMPT FROM FURTHER
ENVIRONMENTAL REVIEW UNDER A CLASS 8 CATEGORICAL EXEMPTION, ACTIONS BY
REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT. BD-DD-MR-ML-BW
TITLE READ
THE BOARD WAIVED READING THE BALANCE
OF THE ORDINANCE.
BD-DD-MR-ML-BW
THE BOARD ADOPTED THE ORDINANCE.
DD-BD-MR-ML-BW O-1219
Regular Calendar
34. County Counsel requests adoption of a
resolution delegating authority to the County Privacy Officer to terminate
professional services agreements with vendors not in
compliance with the Health Insurance Portability and Accountability Act
(HIPAA), with said termination to be exercised only after consultations with
the affected department, County Counsel, and the respective vendor.
ADOPTED RESOLUTION BD-ML-MR-DD-BW R-03-54
35. County Executive Officer requests appointment of one of the
following applicants to serve on the Napa County Commission on the Status of
Women as General Public Representative with the term of office to expire
October 1, 2004:
Applicants
Jeri Hansen
Holly S. Morris
THE BOARD APPOINTED
JERI HANSEN.
DD-MR-BD-ML-BW
36. Discussion and possible action including, but not limited to, the following legislation:
A.
AB
216 (Chan): Local youth alcohol prevention and recovery programs.
THE BOARD WENT ON RECORD IN OPPOSITION TO AB 216 AND SB 108.
BD-DD-MR-ML-BW
B. AB 1158 (Lowenthal), AB 744 (Dunn), and other pending
legislation related to housing element law.
THE BOARD EXPRESSED SUPPORT OF THE PENDING
LEGISLATIVE BILLS AS FOLLOWS: AB 218,
AB 994 (WITH THE EXCEPTION OF PRISON BEDS), AB 1089, AB 1158 AND SB 744.
SUPERVISOR RIPPEY WOULD LIKE TO AGENDIZE FOR
DISCUSSION THE POTENTIAL TO ELIMINATE THE WILLIAMSON ACT PROGRAM, WHICH IS
CURRENTLY IN THE GOVERNOR’S PROPOSAL.
HOWARD SIEGEL, COUNTY EXECUTIVE OFFICE, COMMENTED ON
EXISTING LEGISLATION GOING BACK TO 1996, WHICH HE BELIEVES IS AB 3452. AB 3452 IS LEGISLATION SPECIAL TO NAPA
COUNTY, ENABLING THE COUNTY TO ACCOMMODATE UP TO 15 PERCENT OF ITS AFFORDABLE
HOUSING NEEDS WITHIN THE CITIES. MR.
SIEGEL COMMENTED THIS IS A CEILING THE COUNTY HAS ALREADY HIT BUT THAT THE
LEGISLATION IS DUE TO SUNSET IN JUNE OF 2004, SO THE BOARD MAY WANT TO CONSIDER
EXTENDING THE LEGISLATION OR EXPANDING THE PERCENTAGE ALLOWABLE.
SUPERVISOR RIPPEY STATED ASSEMBLY MEMBER LAIRD OF
SANTA CRUZ IS THE SPONSOR OF A BILL THAT WOULD REQUIRE LOCAL JURISDICTIONS TO
INCLUDE WATER PLANNING IN THEIR GENERAL PLAN UPDATES, AND
36.
Continued
COMMENTED HE WOULD LIKE THE BOARD TO CONSIDER THIS
IN THE FUTURE.
SUPERVISOR DILLON COMMENTED ON ANOTHER BILL THAT WAS
BROUGHT TO HER ATTENTION LAST WEEK AT A REGIONAL COUNCIL OF RURAL COUNTIES
MEETING, WHICH RELATES TO WATERSHEDS.
SUPERVISOR DILLON INDICATED THAT STAFF WAS ALREADY AWARE OF THIS
BILL; AND AS A RESULT, SUPERVISOR DILLON REQUESTED THAT A COMPREHENSIVE LIST OF
LEGISLATION BE DEVELOPED, SO THAT THE BOARD WOULD BE ADVISED OF WHICH
LEGISLATION ITEMS STAFF IS WORKING ON.
THE COMPREHENSIVE LIST WOULD ASSIST THE BOARD IN DETERMINING WHICH
LEGISLATION TO BRING TO STAFF’S ATTENTION.
BILL CHIAT, COUNTY EXECUTIVE OFFICER, ADVISED THAT A
SPREADSHEET COULD BE DEVELOPED TO TRACK THE STATUS OF THE LEGISLATION. IN ADDITION, MR. CHIAT SUGGESTED THE BOARD
MAY WANT TO CONSIDER CREATING A LEGISLATIVE SUBCOMMITTEE OF THE BOARD TO REVIEW
LEGISLATION.
37. Board of Supervisors’ Committee Reports and Announcements.
SUPERVISOR DILLON REPORTED SHE RECENTLY ATTENDED TWO
DAYS OF REGIONAL COUNCIL OF RURAL COUNTIES (RCRC) MEETINGS WHICH WERE LARGELY
ABOUT WATER ISSUES, AND SHE WOULD LIKE TO PREPARE A SUMMARY OF THE DISCUSSIONS
FOR THE BOARD TO REVIEW.
SUPERVISOR DILLON REPORTED RCRC IS HOLDING ITS
ANNUAL MEETING TUESDAY THROUGH FRIDAY THE SECOND WEEK IN MAY, AND SHE
ENCOURAGED BOARD MEMBERS TO HAVE SOME TIME AVAILABLE TO ATTEND THE RCRC
MEETINGS.
38.
Board
of Supervisors’ Future Agenda Items.
PLEASE REFER TO SUPERVISOR
RIPPEY’S REQUESTS UNDER NUMBER 36 B.
39. Closed Session regarding:
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code
Section 54957)
Title: County Executive Officer
39. Continued
B. CONFERENCE WITH REAL
PROPERTY NEGOTIATOR (Government Code Section 54956.8)
Property: Assessor’s Parcel No.
038-190-019
Agency
Negotiators: Peter Dreier, Howard Siegel
Negotiating
Parties: John L. Miller and Linda S. Miller, Trustees
of the John L. Miller and Linda S. Miller Revocable Trust, County of Napa
Under Negotiation: Price and terms of payment
CLOSED SESSIONS HELD – NO REPORTABLE ACTION.
Adjournment.
ADJOURNED TO BOARD OF SUPERVISORS’ SPECIAL MEETING MONDAY, MARCH 24, 2003 AT 8:30 A.M. AT THE NAPA RIVER INN, 500 MAIN STREET, NAPA, CALIFORNIA.
BRAD WAGENKNECHT,
Chairperson
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
The maker of the motion and second are reflected
respectively in the order of the recorded vote.
Notations under Vote: N = No; X = Excused; A = Abstain