MINUTES OF THE
MEETING OF THE BOARD OF
SUPERVISORS
COUNTY OF NAPA
April 22, 2003
1. Call
to Order; Roll Call.
THE BOARD OF
SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, APRIL 22,
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.
KATE DARGIN, NAPA COUNTY FIRE MARSHALL, LED THE
SALUTE TO THE FLAG.
3. Public
Comment.
VINCENT BLAKE COMMENTED THAT HE IS BEING SUED FOR
PUBLIC NUISANCE IN REGARD TO HIS PROPERTY LOCATED ON MILTON ROAD. THE LAWSUIT NAMES THE PARTIES INVOLVED AS
THE NAPA RIVER RECLAMATION DISTRICT (DISTRICT) VS. VINCENT BLAKE, YET HE IS
UNCLEAR AS TO WHO IS ACTUALLY SUING HIM.
MR. BLAKE EXPRESSED CONCERNS THAT THE DISTRICT IS USING PUBLIC FUNDS FOR
THIS LAWSUIT AND REQUESTED THE NAPA COUNTY AUDITOR-CONTROLLER AUDIT THE
DISTRICT. IN ADDITION, HE ALSO ALLEGES
THE DISTRICT IS IN VIOLATION OF THE BROWN ACT WHEN CONDUCTING DISTRICT
MEETINGS. MR. BLAKE FURTHER INDICATED
FOR THE RECORD THAT HIS PROPERTY IS NOT A PUBLIC NUISANCE.
TERRENCE KEENAN COMMENTED THAT IT IS
THE RESPONSIBILITY OF THE NAPA COUNTY AUDITOR-CONTROLLER TO SUPERVISE THE
EXPENDITURES OF THE NAPA RIVER RECLAMATION DISTRICT BASED ON THE STATE WATER
LAWS THAT CREATED THE DISTRICT. MR.
KEENAN FURTHER COMMENTED CONSTITUENTS
WERE NOT ALLOWED TO SPEAK ON AGENDA ITEMS AT A RECENT DISTRICT MEETING. HE INDICATED MEMBERS OF THE DISTRICT TOOK AN
OATH TO UPHOLD THE CONSTITUTION OF THE UNITED STATES, AND IT IS THE BOARD OF
SUPERVISORS’ DUTY TO BE SURE THE CITIZEN’S OF NAPA COUNTY DO NOT HAVE THEIR
CONSTITUTIONAL RIGHTS VIOLATED.
ROBERT WESTMEYER, CHIEF COUNTY
COUNSEL, ADVISED THE NAPA RIVER RECLAMATION DISTRICT IS A SEPARATE AGENCY AND
THE BOARD OF SUPERVISORS HAS NO CONTROL OVER THE DISTRICT.
PAM KINDIG, AUDITOR-CONTROLLER,
ADVISED HER OFFICE IS UNDER CONTRACT TO CONDUCT THE AUDIT OF THE NAPA RIVER
RECLAMATION DISTRICT’S FINANCIAL STATEMENTS.
HER OFFICE IS CURRENTLY IN THE PROCESS OF COMPLETING THE AUDIT FOR THE
DISTRICT, AND IT WILL BE AVAILABLE TO THE PUBLIC AT THE DISTRICT’S NEXT
MEETING.
4.
Department Directors’
Reports and Announcements.
NONE
Consent Calendar
5. Chief Probation Officer requests approval of and
authorization for the Chair to sign an agreement with Lee and Virginia
Molgaard, dba Youth and Families Consulting of Ames, in the amount of $6,000
for the term April 22, 2003 through June 30, 2003 to provide Strengthening
Families Program training to social service providers and develop local
trainers assisting the Youth and Family Resource Network (YFRN) Program. A-5066
6. Chief Probation Officer requests approval of and
authorization for the Chair to sign an agreement with Douglass L. Marum, Ph.D.
for $5,000 for the term March 1, 2003 through June 30, 2003 to provide
individual and family counseling to clients participating in the Youth and
Family Resource Network Program. A-5067
7.
Chief
Probation Officer requests adoption of a resolution approving the second year
operation of the Youth & Family Resource Network (YFRN) Program and
submitting the plan to the State Board of Corrections for Fiscal Year 2003/2004
in the amount of $424,868.
R-03-72
8. Chief Probation Officer and Library Director request approval of Budget Transfer No. 87 appropriating $8,000 to the Library Budget, with offsetting revenues from the Probation Department’s Youth and Family Resources Network Program (AB1913) to expand the English Language Literacy Intensive program to American Canyon Middle School. (4/5 vote required)
BT-87
9. Sheriff requests authorization to sign the State of
California, Department of Parks and Recreation grant application for Fiscal
Year 2003/2004 in the amount of $67,000 for the purchase of a truck, two ATV’s
and miscellaneous equipment.
10. Sheriff requests authorization to sign the State of
California, Department of Parks and Recreation grant application for Fiscal
Year 2003/2004 in the amount of $65,000 for funding overtime costs for patrol
in the North Lake Berryessa Public Lands and the Knoxville Recreation Areas.
11. Auditor-Controller
requests authorization to draw a warrant in the amount of $31,000 from the Napa
County Fair Fund, payable to the Napa County Fair, as the third installment of
the 2003 Allocation from the State.
12.
Auditor-Controller requests the Board accept and instruct the
Clerk of the Board to file the Audit Report for the Treasurer-Tax Collector’s
Office for the fiscal year ended June 30, 2001. (Report on file with Clerk of the Board)
13. Director of Health and Human Services requests approval of the
following actions regarding the Transitional Residential Alliance and
Integrated Network (TRAIN) grant for the term January 1, 2003 through
December 31, 2003:
A.
Authorization
for the Chair to sign renewals of the following agreements:
i) Agreement No. 3989 with Community Action of Napa Valley,
Inc. for a maximum of $78,629 to provide counseling services for adult homeless
and to administer rent subsidies; A-3989
ii) Agreement No. 3990 with Napa Emergency Women’s Services,
Inc. (NEWS) for a maximum of $31,050 to provide case management and referral
for women and families including those with domestic violence issues; and A-3990
iii) Agreement No. 3991 with Progress Foundation for a maximum of $28,938 to provide outreach and case management services to the homeless population.
A-3991
B. Acceptance of a grant from the U.S. Department of Housing and Urban Development for the Transitional Residential Alliance and Integrated Network (TRAIN) project in the amount of $123,439.
14. Director of Health and Human Services requests approval of and
authorization for the Chair to sign Amendment No. 1 to Agreement No. 4711 with
Margaret Lee, LCSW, increasing the amount by $2,000 for a new maximum of $3,500
to provide additional counseling services in the Substance Abuse Treatment
Options Program (STOP). A-4711
(AMEND.
1)
15. Director of Health and Human Services requests approval of and
authorization for the Chair to sign Amendment No. 2 to Agreement No. 4591 with
Gregory Matsumoto, Psy.D., increasing the amount by $1,500 for a new maximum of
$12,384 to provide additional counseling services for clients in the children’s
programs. A-4591
(AMEND.
2)
16. Director of Health and Human Services requests approval of and
authorization for the Chair to sign an agreement with Napa Valley Economic
Development Corporation for a maximum of $20,000 for the term March 1, 2003
through June 30, 2003 to address the technology industry’s labor needs and
develop employment opportunities by promoting the Knowledge Administrator
occupation. A-5068
17. Director of Health and Human Services requests approval of and
authorization for the Chair to sign a Memorandum of Understanding with the
Special Education Local Plan Area/Local Education Agency (SELPA) for the term
April 22, 2003 through August 31, 2003 clarifying respective roles and responsibilities
in the California Children’s Services (CCS) medical therapy program. A-5069
18. 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. Access
Dental Plan; A-5070
B. BD Morgan Investment Group,
Inc. dba BD MIG; A-5071
C. Sarah
Boggs, MFT; A-5072
D. Nancy Burkey, M.D.; A-5073
E. Davis
Guest Home, Inc.; A-5074
F. Richard
Geisler, Ph.D.; A-5075
G. Douglass
Marum, MFT; A-5076
H. Edward
Olvera, MFT; A-5077
I. Redwood
Toxicology Laboratory, Inc.; A-5078
J. Caroline
Sniffen-Smith; A-5079
K. Susan
Schmall, Ph.D.; A-5080
L. Vista
DelMar Child & Family Service; and A-5081
M. Andre
Zunino dba Solution Computing. A-5082
19. Director of Health and Human Services requests adoption
of a resolution approving the Substance Abuse and Crime Prevention Act of 2000
County Plan and Funding Request for Fiscal Year 2003/2004. (Plan on file with the Clerk of the Board) R-03-73
20. Director of Health and Human Services and Compliance Officer request acceptance of the Compliance Program Quarterly Report for the period ending March 31, 2003.
21. Director of Public Works
requests approval of and authorization for the Chair to sign an agreement with
Siemens Building Technologies, Inc. for a maximum of $31,200 for the term
April 22, 2003 through June 30, 2004 for the upgrade, reprogramming and
training of the Staefa HVAC Controller System in the Carithers Building. A-5083
22. Director of Public Works
requests award of the contract for the “Lewelling Avenue Outfall Project,” PW
02-07, to Argonaut Constructors of Santa Rosa, California, for their low bid of
$615,915, and authorization for the Chair to sign the construction contract.
23.
Director
of Public Works requests adoption of a resolution temporarily closing a portion
of Berryessa-Knoxville Road from 8:00 A.M. to 11:00 A.M. on Saturday, May 17,
2003 for the Fifth Annual Napa Valley Triathlon.
HELD
FOR DISCUSSION
APPROVED
REQUEST, AS AMENDED. R-03-74
MR-BD-ML-DD-BW
24. County Counsel
requests authorization for Auditor-Controller to pay a claim over one year old
in the amount of $1,049.90 to Shannon Richards for Conflict Public Defender
attorney services.
25. County Counsel requests adoption of a
resolution authorizing the issuance and sale of Napa Valley Unified School
District General Obligation Bonds, Election of 2002, Series 2003 in an
aggregate principal amount not to exceed $35,000,000. R-03-75
26. County Counsel
and the Napa Valley Housing Authority request 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 22, 2003 through August 31, 2003 to
prepare the Engineer’s Report required for the levy of assessments pertaining
to Napa County Service Area #4 (CSA#4) for Fiscal Year 2003/2004. A-5084
27. Director of Emergency Services requests
the following:
A. Acceptance of supplemental grant in the amount of $8,836 from the Federal Emergency Management Agency, Office of National Preparedness through the Governor’s Office on Service and Volunteerism;
B. Approve
Budget Transfer No. 88 appropriating $8,836 in Emergency Services with
offsetting revenues from the grant program (4/5 vote required); and
BT-88
C. Approval of and authorization for the Chair to sign the following agreements, each in the amount of $1,500 for the term April 22, 2003 through December 4, 2003, related to services provided with a portion of the grant funds:
i)
Agreement
with the Volunteer Center of Napa County, Inc.; and
A-5085
ii)
Agreement
with the American Red Cross, Silverado-Napa Chapter.
A-5086
28. Human Resources Director requests adoption of a resolution
amending the Departmental Allocation List for the Public Works Department with
regards to deleting one (1) Staff Services Analyst I/II and adding one (1)
Staff Services Manager, effective April 26, 2003.
R-03-77
29. Human Resources Director requests adoption of a resolution
amending the Departmental Allocation List for the Juvenile Hall Department with
regards to adding two (2) Juvenile Hall Counselor I/II Limited Term (LT)
positions funded through June 30, 2003 effective April 26, 2003. R-03-76
30. Human Resources Director requests adoption of a resolution
amending the Departmental Allocation List for the Human Resources Department
with regards to deleting one Senior Human Resources Analyst and
adding one (.75) Senior Human Resources Analyst, effective
April 26, 2003. R-03-78
31. Human Resources Director requests approval of Budget Transfer
No. 82 transferring $808,000 from the Workers’ Compensation Retained Earnings
to the Workers’ Compensation budget to cover claim and settlement costs for the
remainder of fiscal year and increased insurance premium costs. (4/5 vote required) BT-82
32. Information Technology Services Director requests approval of
and authorization for the Chair to sign an agreement with BindView Corporation
for a maximum of $5,000 for the term April 22, 2003 through August
30, 2003 for consultation and training services in relation to the BindView
software. A-5087
33. Regional Training Employment Coordinator requests approval of and authorization for the Chair to sign an agreement with the Shirley Ware Education Center for $115,569 for the term October 1, 2002 through September 30, 2005 to implement the Nurse Workforce Initiative (NWI) Project to recruit, counsel, train and certify 40 individuals for careers as licensed nurses.
A-5088
34. County Executive Officer is requesting
approval to cancel the Board of Supervisors’ regularly scheduled meeting of
Tuesday, April 29, 2003 due to the scheduling of a special meeting of the Board
of Supervisors on Monday, April 21, 2003.
35. County Executive Officer requests appointment of Georgia
Bachmeier Gann to serve as the youth representative on the Wildlife
Conservation Commission with term expiring February 1, 2004.
36. County Executive Officer/Purchasing Agent
requests the following:
A. Declare certain items of personal property as surplus and no
longer required for public use
(Complete list on file with the Clerk of the Board); and
B. Authorize the Purchasing Agent to dispose of these items of
personal property by donating them to Our Family, Inc., a tax-exempt Health and
Human Service organization.
37. Discussion of items removed from the
Consent Calendar.
ITEM 23 WAS HELD FOR DISCUSSION.
APPROVED CONSENT CALENDAR ITEMS 5 THROUGH 36,
AS NOTATED ABOVE.
DD-BD-MR-ML-BW
Set Matters
38. 9:05 A.M. Library Director requests approval of and authorization for the
Chair to sign an agreement with the City of Calistoga for provision of Public
Library Services.
APPROVED REQUEST DD-BD-MR-ML-BW A-5089
39. 9:15 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, DECEMBER 3, 2002 AND
JANUARY 21,
2003; APPLICANT REQUESTS CONTINUANCE TO JULY 22, 2003 AT
9:15 A.M.)
PUBLIC HEARING CONTINUED TO JULY 22, 2003 AT 9:15 A.M.
BD-DD-MR-ML-BW
40. 9:30
A.M. Board of Supervisors meeting as a
Board of Equalization.
(SEE BOARD OF EQUALIZATION
MINUTES)
41.
10:00
A.M. PUBLIC
HEARING Consideration and
possible action regarding an appeal filed by Kevin Block, on behalf of his
clients Susan and Lonen Curtis to a decision made by the Conservation,
Development and Planning Department (the “Department”) on October 16, 2002
approving an Erosion Control Plan Structural No. 02461-ECPS (A Modification to
ECPS No. 98241-ECPS) for Kenneth and Susan Viney for land disturbing and
earthmoving activities associated with the final construction of the lower
driveway (“Phase 1”) on two parcels totaling 51.04 acres located on the west
side of Soda Canyon Road, approximately 4.35 miles north of its intersection
with Silverado Trail in an Agricultural Watershed (AW) Zoning District. (Assessor’s Parcel Nos. 032-090-014 and
032-060-025)
(CONTINUED FROM JANUARY 28 AND FEBRUARY 25, 2003;
APPELLANT
AND APPLICANT REQUEST CONTINUANCE TO MAY 20, 2003 AT 2:00
P.M.)
PUBLIC
HEARING CONTINUED TO MAY 20, 2003 AT 2:00 P.M.
BD-MR-ML-DD-BW
42.
10:00
A.M.
Presentation by Fire Marshall of the Napa County Wildland-Urban
Fire Plan with recommendation for the Board to conceptually approve a
comprehensive program to include elements for:
A. Public
Education (including FireWise Workshop).
B.
Local
Code Enhancements.
C.
Technical
Education.
D.
Project/Plan
Review in Wildland-Urban Interface area.
E.
Customized
Inspection Program.
F.
Community
and Emergency Planning.
PRESENTATION MADE
THE BOARD CONCEPTUALLY APPROVED THE NAPA COUNTY
WILDLAND-URBAN FIRE PLAN PROGRAM.
43.
12:00
P.M. Recess to the groundbreaking
ceremony for the Napa County Sheriff’s facility, 1335 Airport Boulevard. (Next to the Greenwood Ranch Fire Station)
RECESSED TO GROUNDBREAKING CEREMONY.
44. 2:00 P.M. PUBLIC
HEARING Conservation, Development and
Planning Department requests consideration and possible action regarding
adoption of a mitigated negative declaration.
The Napa County Department of Public Works on behalf of the California
Department of Transportation is proposing improvements to the State Route 12
and State Route 29 intersection in Napa County, California. The proposed project would alleviate traffic
congestion during the morning and afternoon peak periods. The proposed project is located
approximately six kilometers (km; 3.7 miles) south of Napa, approximately eight
km (five miles) north of Vallejo, and less than 1.6 km (one mile) west of
American Canyon. The following improvements
are proposed as part of the project:
44.
Continued
·
The
construction of an additional northbound lane on Route 29 through the Route
12/29 Intersection. This lane would be
provided by widening the roadway into the existing unpaved median from 400
meters (m; 1310 feet) south to 650 m (2130 feet) north of the
intersection. Pavement widening would
include one 3.6 m lane and one 0.8-m (2.6-foot) paved left shoulder.
·
The
extension of the two existing southbound left-turn lanes along Route 29 north
of the intersection. These lanes would
be extended by approximately 190 m (625 feet).
The lanes would be 3.6 m (11.8 feet) in width and would include a 2.2 m
(7.0 foot) paved median.
·
The
relocation of existing traffic signals, electrical equipment, and signs in the
median and outside of the existing shoulders to match the widened intersection.
·
The
addition of a second left turn lane from Airport Boulevard to Route 29 to
provide additional capacity.
The proposed project would be completed within the
State right-of-way. No additional
right-of-way would be required.
ENVIRONMENTAL
DETERMINATION: Mitigated Negative Declaration Prepared. According to the proposed Mitigated
Negative Declaration, the proposed project would have, if mitigation measures
are not included, potentially significant environmental impacts in the
following areas: air quality, cultural
resources, geology, hazardous materials, noise and traffic.
PUBLIC
HEARING HELD – TESTIMONY PRESENTED
THE
BOARD ADOPTED THE MITIGATED NEGATIVE DECLARATION.
BD-MR-ML-DD-BW
Regular Calendar
45. Director of Public Works requests adoption of a resolution authorizing the Department of Public Works to accept a grant from the State Department of Boating and Waterways (DBW) in the amount of $985,000 to rehabilitate the County-owned boat launch facility at Cuttings Wharf and authorizing the Chair to execute the grant documents.
ADOPTED RESOLUTION BD-DD-MR-ML-BW R-03-79
46.
Discussion and possible
action regarding a Financial Privacy Ordinance. (Supervisor Wagenknecht)
A MOTION BY CHAIR WAGENKNECHT TO ADOPT A FINANCIAL
PRIVACY ORDINANCE, EFFECTIVE JANUARY 1, 2004 DIED FOR LACK OF A SECOND.
THE BOARD REFERRED THIS ITEM TO THE LEGISLATIVE
COMMITTEE FOR REVIEW AND RECOMMENDATION.
46. Continued
ROBERT WESTMEYER, COUNTY COUNSEL, ADVISED ONCE THE
FEDERAL COURT RULES ON THE SAN MATEO ORDINANCE, HE WILL PROVIDE A STATUS REPORT
TO THE BOARD.
47. Discussion and possible action including, but not limited to, the following legislation:
Registrar
of Voters requests Board action to oppose AB 1531(Longville)/SB 430 (Johnson)
creating two primary elections in presidential election years.
THE BOARD WENT ON RECORD IN OPPOSITION TO AB 1531
AND SB 430.
DD-ML-BD-MR-BW
48. Board of Supervisors’ Committee Reports and Announcements.
NONE
49. Board of Supervisors’ Future Agenda Items.
DISCUSSION AND POSSIBLE
ACTION REGARDING THE RULING BY THE FEDERAL COURT ON THE SAN MATEO FINANCIAL
PRIVACY ORDINANCE AND RECOMMENDATION FROM THE LEGISLATIVE COMMITTEE ON THE
STATUS OF THE LEGISLATION.
50. Closed Session:
CONFERENCE WITH LEGAL
COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to
Government Code Section 54956.9(b): (One case)
CLOSED SESSION HELD – NO REPORTABLE ACTION.
Supplemental
Agenda
51. Closed
Session regarding:
CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(a))
Sierra
Club v. County of Napa: (First
Appellate District Case No. A101941, Napa Superior Court Case No. 16-17241)
SUPERVISOR DILLON RECUSED HERSELF DUE TO A CONFLICT OF INTEREST
RELATING TO HER FORMER LAW FIRM AND BERINGER AS A CLIENT.
CLOSED SESSION HELD – NO
REPORTABLE ACTION.
Adjournment.
ADJOURNED TO THE
BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,
MAY 6, 2003 AT
9:00 A.M.
___________________________________
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