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.
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.
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
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
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
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
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
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)
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.
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)
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.
25. County Executive Officer/Director of Emergency Services requests adoption of a resolution extending the Proclamation of Local Emergency declared on December 16, 2002.
26. Discussion of items removed from the Consent Calendar.
APPROVED CONSENT CALENDAR NUMBERS 5 THROUGH 25.
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
THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.
THE BOARD ADOPTED THE ORDINANCE.
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:
Holly S. Morris
THE BOARD APPOINTED JERI HANSEN.
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.
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
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
Title: County Executive Officer
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.
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
MICHELLE PRICE, Deputy Clerk of the Board
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