MINUTES OF THE
MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF NAPA
April 8, 2003
1. Call to Order; Roll Call.
THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, APRIL 8, 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 9:01 A.M.
2. Pledge of Allegiance.
A REPRESENTATIVE FROM THE BOYS & GIRLS CLUB LED THE SALUTE TO THE FLAG.
3. Presentation of a proclamation declaring the week of April 6-12, 2003 as Boys & Girls Club Week in Napa County.
4. Public Comment.
5. Department Directors’ Reports and Announcements.
6. Chief Probation Officer requests approval of Budget Transfer No. 84 transferring $136,480 from Appropriations for Contingencies to the Care of Court Wards budget for placement of Napa County wards in camps, ranches and the California Youth Authority. (4/5 vote required) BT-84
7. Sheriff requests approval of Budget Transfer No. 85 increasing appropriations in the Sheriff’s budget by $13,400 with offsetting revenue from the Debtor Assessment Trust fund to lease a vehicle for three years for the service of civil documents. (4/5 vote required) BT-85
8. Sheriff requests approval of Budget Transfer No. 86 increasing appropriations by $10,776 with offsetting revenue from the California Law Enforcement Equipment Program Trust Account (CLEEP) for the purchase of computer equipment. (4/5 vote required) BT-86
9. Assessor/Recorder-County Clerk requests approval of and authorization for the Chair to sign an
agreement with PFA Incorporated for $7,463 for the term March 19, 2003 through September 30, 2003 for provision of micrographics services. A-5058
10. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement 4656 with Shameem Ghauri, M.D., increasing the amount by $41,350 for a new maximum of $66,360 to provide additional psychiatric services to clients of the Therapeutic Child Care Center and the mental health programs. A-4656
11. Director of Health and Human Services requests approval of and authorization for the Chair to sign an agreement with Crestwood Dreamcatchers Foundation, Inc., for a maximum of $24,000 for the term February 17, 2003 through June 30, 2003 to provide pre-employment and skill development to clients of the Training and Employment Center. A-5059
12. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following Business Associate Agreements setting forth the terms and conditions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule:
A. Crestwood Dreamcatchers Foundation, Inc. A-5052
B. Creekside Convalescent Hospital, dba Nadhan, Inc. A-5053
C. Sandra Dawood, Ph.D. A-5054
D. Carol Nagle, LCSW A-5055
E. Maureen O’Shea, Ph.D. A-5056
F. Progress Foundation A-5057
13. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements regarding the Juvenile Drug Court:
A. Agreement with Community Action of Napa Valley, Inc. for a maximum of $15,000 for the term January 1, 2003 through June 30, 2003; and A-5060
B. Agreement with Barbara Reisman, M.D., for a maximum of $15,000 for the term October 1, 2002 through June 30, 2003. A-5061
14. Director of Health and Human Services requests approval of the following actions relating to Partnership HealthPlan of California (PHC), a partnership of which Napa County is a member:
A. Authorization for the Chair to sign a letter of support for a $150,000 Long Term Care Integracion (LTCI) development grant application; and
B. Continued involvement in this effort through participation on PHC’s Long Term Care Integration Task Force.
15. Director of Health and Human Services requests approval of and authorization for the Chair to
sign the Workforce Investment Act Title I 15% Local Board Travel and Training subgrant closeout for $1,500 for the period July 1, 2001 through December 31, 2002.
16. Director of Health and Human Services requests authorization for Auditor-Controller to pay a claim over one year old totaling $199 to Shellco Credit Systems, LTD, for a SkillPath seminar.
17. Director of Health and Human Services requests authorization for out of state travel for Eugene P. Brennan, Veterans Service Officer, to attend the 13th annual Association of County Veterans Officers, Inc. certification training in Niagara Falls, New York, from June 15-21, 2003, at an estimated cost of $1,200.
18. Agricultural Commissioner requests approval of and authorization for the Chair to sign an agreement with Terrance E. Lowell & Associates, Inc. for a maximum of $7,470 for the term April 8, 2003 through August 31, 2003 to prepare the Engineer’s Report required for the levy of assessments pertaining to the Napa County Winegrape Pest and Disease Control District for Fiscal Year 2003/2004. A-5062
19. Director of Conservation, Development and Planning requests approval of and authorization for the Chair to sign an agreement with Monk & Associates, Inc. for a maximum of $25,711 for the term April 8, 2003 through June 30, 2003 for preparation of (1) Update Corps Regulatory Map-Define Wetlands and (2) Biology Report documents in connection with environmental analysis for erosion control application #02253-ECPA. A-5063
20. Director of Public Works requests approval of Budget Transfer No. 83 increasing the appropriation in the Airport Capital Improvement Program budget for the "Napa County Airport Generator Project," PW 02-16, by $45,000, partially offset by a Federal Aviation Administration (FAA) Grant, AIP No. 12. (4/5 vote required) BT-83
21. Director of Emergency Services requests authorization to make application for an Office for Domestic Preparedness (ODP) grant in the amount of $135,526 as recommended by the Napa County Terrorism Working Group to purchase updated personal protective equipment, provide training for first responders, and to conduct an integrated emergency management exercise.
22. Human Resources Director requests adoption of a resolution amending the Departmental Allocation List for the County Counsel Office with regards to deleting a (0.5) Attorney I/II/III and adding a (0.5) Attorney I/II/III Limited Term (LT) through June 30, 2003 and one (1) Attorney I/II/III, effective April 12, 2003. R-03-68
23. Human Resources Director requests adoption of Retirement Resolution No. 03-64 for Linda Wuichet, Benefits Administrator, in recognition of 28 years of service. R-03-64
24. Human Resources Director requests adoption of a resolution amending the Management
Compensation Plan with regard to compensation and benefits, designating certain management positions as part of the non-classified service and further authorizing the Human Resources Director to amend the Departmental Allocation List and Table & Index as deemed necessary to implement the Plan amendments and designations, effective April 8, 2003. (Details on file with Clerk of the Board) R-03-69
25. Regional Training Employment Coordinator requests approval of and authorization for the Chair to sign the Caregiver Training Initiative (CTI) subgrant closeout for $1,346,976 for the period of March 1, 2001 through December 31, 2002.
26. Regional Training Employment Coordinator requests approval of and authorization for the Chair to sign the H-1B Technical Skills grant closeout for $2,800,000 for the period of November 15, 2000 through February 14, 2003.
27. Discussion of items removed from the Consent Calendar.
APPROVED CONSENT CALENDAR ITEMS 6 THROUGH 27.
28. 9:15 A.M. PUBLIC HEARING Consideration and possible action regarding an appeal filed by Norman and Meg Schultz to a decision by the Conservation, Development and Planning Commission on December 18, 2002 to approve the David Perata/Frank Perata Trust et al – Use Permit Request #02409-UP establishing a new 20,000 gallon per year winery that includes: (1) a 1,920 square foot addition to an existing 2,200 square foot barn for a winery totaling 4,120 square feet; (2) a 660 square foot covered work area; (3) custom crushing activities (crushing, fermentation, barrel aging and bottling) for one custom producer utilizing 10% (2,000 gallons per year) of the total approved winery production capacity; (4) two full-time and one part-time employees; (5) 50 visitors per week (averaging ten per day); (6) four parking spaces; (7) tours and tasting by appointment only; and, (8) a marketing plan with 12 private promotional, tours, tastings, and meals per year with an average of eight people and a maximum of ten per event, two release events per year with a maximum of 100 per event, located on a ±47.69 acre parcel on the east side of State Lane approximately 3/4 mile north of its intersection with Yountville Cross Road within an Agriculture Preserve (AP) Zoning District. (Assessor’s Parcel No. 031-170-008) 1278 State Lane, Yountville.
ENVIRONMENTAL DETERMINATION: Negative Declaration Prepared. According to the proposed Negative Declaration, the proposed project would have no potentially significant environmental impacts.(APPELLANT HAS REQUESTED TO WITHDRAW THE APPEAL BASED ON AGREED UPON CONDITIONS)
THE BOARD ACCEPTED WITHDRAWAL OF THE APPEAL.
29. 9:20 A.M. PUBLIC HEARING First and final reading and possible adoption of an interim urgency ordinance to amend Urgency Ordinance No. 1204 which would exempt use permits for the replacement, relocation, construction, and operation of co-generation power plants with peak electrical outputs of 5.1 megawatts or less and the installation of related facilities including, but not limited to, underground natural gas pipelines in public roads from the setback requirements in Urgency Ordinance No. 1204. (Supervisor Dillon) (4/5 vote required)
ENVIRONMENTAL DETERMINATION: It can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment and therefore CEQA is not applicable [See Guidelines For the Implementation of the California Environmental Quality Act, 14 CCR 15061(b)(3)]. The project cannot have a significant effect on the environment as project by project environmental analysis will be done on each individual proposal to assure that no significant effect will result.
PUBLIC HEARING HELD
THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.
THE BOARD ADOPTED THE ORDINANCE.
30. 10:00 A.M. Agricultural Commissioner to present the Annual Crop Report for 2002.
31. 10:30 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. 65 appropriating $199,788 from the Contingency Fund to the CDP budget. (4/5 vote required)
B. Approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 4670 with Jones and Stokes increasing the amount by $199,788 for a new maximum of $337,208 to implement the following Napa River Watershed Task Force (NRWTF) Phase II recommendations:
i) Conservation Regulations Update – completion of comprehensive re-write
ii) Oak Preservation Ordinance – development of ordinance = $56,380
iii) Watershed Fees and Incentives – development of program = $59,377
C. Board direction on NRWTF Oversight Committee (NRWTFOC) appointments as follows:
i) Direct staff to seek candidates for the vacant positions, on the NRWTFOC, including Planning Commission representative, 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 FROM JANUARY 21 AND FEBRUARY 4, 2003; STAFF
REQUESTS THAT THE BOARD TAKE NO ACTION AT THIS TIME. STAFF
WILL BRING BACK APPROPRIATE ACTION BASED UPON DIRECTION
FROM THE BOARD AS PROGRAM GOALS AND OBJECTIVES ARE
DEFINED DURING THE BUDGETARY PROCESS)
REMOVED FROM THE AGENDA
32. 12:00 P.M. Recess to Juvenile Justice Center groundbreaking ceremony at 2350 Old Sonoma Road.
33. Recess to the Napa Valley Exposition, CHARDONNAY HALL (NAPA FAIRGROUNDS), 575 THIRD STREET, NapA, for Public Hearing on Agenda Item No. 34 and remainder of Agenda.
THE BOARD RECESSED TO THE NAPA VALLEY EXPOSITION.
34. 2:00 P.M. PUBLIC HEARING First and final reading to adopt an ordinance (#2304 ORD) to amend Chapter 16.04 (Floodplain Management) by revising Section 16.04.750 (Riparian Zones-Restricted Activities); to amend Chapter 18.10 (Zoning Administrator) by modifying Section 18.10.020 (Duties-Specific Subjects); and to amend Chapter 18.108 (Conservation Regulations) by modifying Sections 18.108.010 (Purpose), 18.108.020 (General Provisions), 18.108.025 (General Provisions-Intermittent/Perennial Streams), 18.108.030 (Definitions), 18.108.040 (Exceptions), 18.108.050 (Exemptions), 18.108.055 (Exemption from Discretionary Permit), and 18.108.060 (Slope Regulations-Prohibited Uses), and adding Section 18.108.110 (Watershed Conservation Plans) of the Napa County Code.
At the public hearing on the proposal held on January 28, 2003 and subsequently continued to March 11, 2003, the Board directed staff, based on the extensive public comment and testimony received, to modify the ordinance to:
A. Establish special setback standards for all new residential projects that reflect the current Conservation Regulation (Chapter 18.108) slope-based setbacks and the riparian vegetation protection provisions of the existing Floodplain Management Ordinance (Chapter 16.04);
B. Replace the proposed two-zone Class I stream 150-foot setback, which consists of a 100-foot “No New Development Zone” and a 50-foot “Limited Management Zone,” with a single-zone 100-foot “No New Development Zone” setback, which increases by 5-to 50-feet with increased slope above 40%;
C. Require property owners and their agents to attend a watershed education course prior to engaging in any earth-disturbing activities located within 150 feet of any Class I or II stream or 25 feet of any Class III stream; and
D. Establish a 2-year sunset clause and a 1-year review of this ordinance by the Board of Supervisors.
The proposed zoning ordinance amendment has been revised to reflect the four changes requested by the Board plus some minor wording changes recommended by staff. Comments at the public hearing on the proposed zoning ordinance amendment will be limited to the four changes discussed above and should be presented at the Board of Supervisors hearing on the proposal or in writing prior to the hearing.
(PUBLIC HEARING CONTINUED FROM MARCH 11, 2003)
PUBLIC HEARING HELD
THE BOARD FOUND THAT ADOPTION OF THE PROPOSED STREAM SETBACK REVISION ORDINANCE AS MODIFIED IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER A CLASS 8 CATEGORICAL EXEMPTION – ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT (i.e., SECTION 15308 OF THE STATE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES)
THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.
THE BOARD ADOPTED THE ORDINANCE.
35. Consideration and possible action regarding a request by the Law Firm of Thomas Lippe that the Board waive potential conflict of interest in connection with Lippe's possible retention of Martin Trso as a subcontractor to Robert Coates in connection with a project located in the Town of Moraga.
ENVIRONMENTAL DETERMINATION: It can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment and therefore CEQA is not applicable [See Guidelines For the Implementation of the California Environmental Quality Act, 14 CCR 15061(b)(3)].
THE BOARD APPROVED REQUEST BY THE LAW FIRM OF THOMAS LIPPE TO WAIVE POTENTIAL CONFLICT OF INTEREST.
36. Director of Health and Human Services requests:
A. Adoption of a resolution authorizing an application for a $500,000 grant from the State of California, Department of Housing and Community Development, Division of Community Affairs, Emergency Housing and Assistance Program to develop a new homeless shelter;
ADOPTED RESOLUTION DD-MR-BD-ML-BW R-03-71
B. Direction for the staff to bring back to the Board a request for acceptance of the grant, if awarded, and a strategic plan for the development and operation of a new shelter facility; and
APPROVED REQUEST DD-MR-BD-ML-BW
C. Approval of a long-term lease by the County of that portion of the Gasser Foundation property designated as the Homeless Shelter Site. (Lease on file with
the Clerk of the Board)
APPROVED REQUEST DD-MR-BD-ML-BW A-5064
37. Human Resources Director requests adoption of a resolution to provide compensation to County employees while serving in active duty during military leave.
ADOPTED RESOLUTION BD-DD-MR-ML-BW R-03-70
38. Discussion and possible action including, but not limited to, the following legislation:
Appointment of two members of the Board of Supervisors to serve on the County’s Legislative Committee, created for the purpose of identifying and making recommendations on legislative matters of significance to Napa County.
SUPERVISORS LUCE AND DILLON VOLUNTEERED TO SERVE ON THE COUNTY’S LEGISLATIVE COMMITTEE AND THE BOARD CONCURRED.
39. Board of Supervisors’ Committee Reports and Announcements.
SUPERVISOR RIPPEY REPORTED ON THE IMPORTANCE AND SUCCESS OF THE RECENT, SEMI-ANNUAL TRIP TO WASHINGTON, D.C., TO LOBBY SUPPORT FOR CONTINUED FUNDING OF THE NAPA RIVER FLOOD CONTROL PROJECT. SUPERVISOR RIPPEY ALSO REPORTED THAT THIS TRIP WAS THE FIRST TIME THE GROUP MET WITH THE ARMY CORPS OF ENGINEERS’ COMMANDER AND CHIEF OF ENGINEERS, LIEUTENANT GENERAL ROBERT B. FLOWERS AND DIRECTOR OF CIVIL WORKS, MAJOR GENERAL ROBERT GRIFFIN.
SUPERVISOR DODD REPORTED ON HIS FIRST TRIP TO WASHINGTON, D.C., AND WANTED TO RECOGNIZE SUPERVISOR RIPPEY AND OTHER COLLEAGUES WHO SERVE ON THE FLOOD CONTROL DISTRICT BOARD FOR THEIR PREVIOUS OUTSTANDING LOBBYING EFFORTS.
40. Board of Supervisors’ Future Agenda Items.
SUPERVISOR LUCE INDICATED THE REPUBLICAN CENTRAL COMMITTEE CONTINUES TO LOOK FOR A MEETING PLACE AND TO DATE HAS BEEN UNSUCCESSFUL. SUPERVISOR LUCE WOULD LIKE THE BOARD TO CONSIDER REVISING THE COUNTY’S ENERGY POLICY IN ORDER TO OPEN THE COUNTY’S DOORS FOR THE COMMITTEE MEETINGS.
41. Closed Session:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: (One case)
CLOSED SESSION HELD – NO REPORTABLE ACTION.
ADJOURNED TO THE BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,
APRIL 22, 2003 AT 9:00 A.M.
BRAD WAGENKNECHT, Chairperson
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