MINUTES OF THE
MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF NAPA
July 8, 2003
1. Call
to Order; Roll Call.
THE BOARD OF SUPERVISORS OF THE
COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, JULY 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 9:03 A.M.
2. Pledge of
Allegiance.
MARY ANN ECHO LED THE SALUTE TO THE FLAG.
3. Presentation on behalf
of the International City/County Management Association recognizing the County
of Napa for its professional management.
PRESENTATION MADE
4. Presentation of Resolution No.
03-107 to the Napa Valley Vintners Association supporting the “100% Napa Valley”
certification mark program.
PRESENTATION MADE R-03-107
5. Public
Comment.
SUPERVISOR LUCE SPOKE ABOUT HIS RECENT BUSINESS TRIP
TO NIGERIA, COMMENTING THAT IT IS A RICH COUNTRY BUT SOCIETY IS BANKRUPT AS THE LEVEL
OF CORRUPTION THERE IS VERY HIGH. HE
STATED THE GOVERNMENT DEDICATES MONEY TO PROJECTS, BUT THE MONEY ENDS UP IN THE
POCKETS OF THE CONTRACTORS AND THE WORK NEVER GETS COMPLETED. HE COMMENTED THAT ETHICS, INTEGRITY AND
ACCOUNTABILITY ARE IMPORTANT AND THROUGH THEIR ACTIONS, THE BOARD SHOULD
CONTINUE TO ASSURE PEOPLE THAT THEIR TRUST IS WELL PLACED.
6. Department
Directors’ Reports and Announcements.
BRUCE HEID, HEALTH AND HUMAN
SERVICES DIRECTOR, REPORTED THAT COMMUNITY ACTION OF NAPA VALLEY (CANV) IS
FACING FINANCIAL CHALLENGES INCLUDING THE DE-FUNDING OF NUESTRA ESPERANZA, AND
PROBABLE TEMPORARY CLOSING OF THE LOS NINOS CHILD CARE CENTER.
MR. HEID STATED HIS DEPARTMENT
CONTINUES TO WORK CLOSELY WITH CANV TO ENSURE CRITICAL SAFETY NET PROGRAMS ARE
MAINTAINED.
6. Continued
JOHN TUTEUR, COUNTY
ASSESSOR-RECORDER/COUNTY CLERK, REPORTED THAT THE ASSESSMENT ROLL WAS COMPLETED
ON TIME THIS YEAR, BILLING $17 BILLION.
MR. TUTEUR STATED THE UNSECURED TAX ROLL SHOULD BE GOING OUT IN THE NEAR
FUTURE, WHICH ACCOUNTS FOR $400 MILLION.
7. Chief Probation Officer requests
approval of and authorization for the Chair to sign the renewal of Agreement
No. 4352 with Alternatives for Better Living for a maximum of $43,974 for the
term July 1, 2003 through June 30, 2004 for provision of group and individual
counseling to court wards and at-risk youth under the supervision of the
Probation Department. A-4352
8. Chief Probation Officer requests
approval of and authorization for the Chair to sign the renewal of Agreement
No. 4890 with Fresno Unity Group Homes, Inc., for a maximum of $59,796 for the
term of July 1, 2003 to June 30, 2004 for placement of a Napa County ward. A-4890
9. Chief Probation Officer requests
approval of and authorization for the Chair to sign the renewal of Agreement
No. 5067 with Douglass Marum, MFT, for a maximum of $10,000 for the term
July 1, 2003 through June 30, 2004
to provide individual and family counseling to participants in the Youth and
Family Resource Network (YFRN) program. A-5067
10. Auditor-Controller requests approval of and authorization for the Chair to sign the following agreements with the agencies listed below and the County of Napa for provision of services by the Napa County Auditor-Controller’s Office with rates based on actual costs for the Fiscal Year 2003/04 and thereafter:
A. Napa County
Children and Families First Commission; A-6060
B. Napa-Vallejo Waste Management Authority; A-6061
C. Napa Valley Housing Authority; A-6062
D. Napa County Transportation Planning Agency; A-6063
E. Upper
Valley Waste Management Agency; A-6064
F. In-Home Supportive Services Public Authority of Napa County; A-6065
G. Congress Valley Water District; A-6066
H. Napa Sanitation District; A-6067
I. Napa County
Resource Conservation District; A-6068
J. Napa County Mosquito Abatement District; A-6069
K. Napa River Reclamation District; and A-6070
L. Napa County Flood Control and Water Conservation District A-6071
11.
Assessor/Recorder-County Clerk,
Auditor-Controller, Treasurer/Tax Collector and
Information Technology Services Director request approval of and authorization for the Chair to sign Amendment No. 1 extending the term of Agreements No. 4645-3 and
4646-3 for an additional two-year period, ending June 30, 2005, with Madera County for base-year tracking and manufactured home/aircraft automated assessment respectively.
A-4645-3
(AMEND.
1)
A-4646-3
(AMEND.
1)
12. Director of Health and Human
Services requests approval of and authorization for the Chair to sign renewals
of the following agreements with ALDEA, Inc. for the term
July 1, 2003 through July 10, 2003:
A. Agreement No. 3558 for a maximum of $5,000 for the
Therapeutic Learning Center (TLC); and A-3558
B. Agreement No. 4496 for a maximum of $10,000 for the ALDEA Day Adolescent Program for Treatment (ADAPT). A-4496
13. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 3873 with Catholic Charities, Inc. for a maximum of $98,478 for the term July 1, 2003 through June 30, 2004 to provide substance abuse prevention and education services. A-3873
14. Director of Health and Human Services requests approval of
and authorization for the Chair to sign the renewal of Agreement No. 4924 with
Alternatives for Better Living, Inc. for a maximum of $30,000 for the term July
1, 2003 through June 30, 2004 to provide services under the Substance Abuse
Treatment Options Program (STOP). A-4924
15. Director of Health and Human
Services requests approval of and authorization for the Chair to sign the
renewal of Agreement No. 4806 with Bayberry, Inc., for a maximum of $20,000 for
the term July 1, 2003 through June 30, 2004 to provide respite services to
caregivers and families of clients referred by the Children’s Behavioral Health
Programs. A-4806
16. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following amendments to revenue agreements with the City of Napa for the term July 1, 2003 through June 30, 2004 for the Family Self-Sufficiency program:
A. Amendment No. 8 to Agreement No.
3668 for a maximum of $67,594 for a Family Self-Sufficiency Coordinator; and A-3668
(AMEND. 8)
B. Amendment No. 1 to Agreement No.
4907 for a maximum of $59,896 for a Family Self Sufficiency Counselor. A-4907
(AMEND. 1)
17. Director
of Health and Human Services requests approval of and authorization for the
Chair to sign agreements for the term July 1, 2001 through July 21, 2003 to
provide services in the Mental Health Outpatient Managed Care Program:
A. Agreement with Fred Hollander for
$21,000; A-6072
B. Agreement with Gerane Park for
$10,000; and A-6073
C. Agreement with Dana Talbot for
$21,000. A-6074
18. Director of Health and Human
Services requests approval of and authorization for the Chair to sign an
agreement with Shameem Ghauri, M.D., for a maximum of $75,000 for the term
July 1, 2003 through June 30, 2004 to
provide psychiatric services to clients in the children’s mental health
programs. A-6075
19. Director
of Health and Human Services requests approval of Budget Transfer No. 116 increasing appropriations by $73,204 in the Mental Health Budget with offsetting revenue from
the Probation budget, to fund a juvenile justice program position. (4/5 vote required) AMENDED
TO REFLECT BUDGET TRANSFER NO. 2 (RATHER THAN BUDGET TRANSFER NO. 116).
BT-2
20. Agricultural
Commissioner requests the Board take the following actions:
A. Adopt resolution accepting the
engineer’s report for the Napa County Winegrape Pest and Disease Control
District and setting a public hearing on the proposed levy of assessment for
the district; R-03-114
B. Set Public Hearing for August 5, 2003
at 9:30 a.m. to hear protests to the establishment of the proposed assessment;
C. Direct the Clerk of the Board to comply
with the requirements of Article XIII D of the California Constitution with
respect to notice requirements for the proposed assessment; and
20. Continued
D. Designate Rob Paul, Deputy County
Counsel, as the person to answer questions regarding the assessments and
protest proceedings.
21. Director of Public Works requests
approval of and authorization for the Chair to sign Amendment No. 2 to
Agreement No. 4781 with RossDrulisCusenbury Architecture Inc., increasing the
amount by $100,185 for a new maximum of $338,580, for additional design
changes, seismic structural investigation, and Historic Architect peer review
for the rehabilitation of the Napa County Historic Courthouse and Office
Remodel for the Criminal Courts Building. A-4781
(AMEND.
2)
22. Director of Public Works requests
approval of and authorization for the Chair to sign a Professional Services
Agreement with Superior Building Services, Inc. dba Continental Building
Services for a maximum of $4,414 for the term July 8, 2003 through June 30,
2004 with automatic fiscal year renewal provisions for janitorial service at
the Calistoga Library. A-6076
23. Director
of Public Works requests the following actions:
A. Adopt Resolution accepting the
engineer’s report for County Service Area (CSA) No. 3 for streetside
landscaping, street and highway lighting, street sweeping, and structural fire
protection services, and setting a public hearing on the proposed levy of
assessment;
R-03-115
B. Set Public Hearing for August 5, 2003
at 9:30 a.m. to hear protests to the proposed assessment;
C. Direct the Clerk of the Board to comply
with the requirements of Article XIII D of the California Constitution with
respect to notice requirements for the proposed assessment; and
D. Designate Wanda Kennedy, Airport
Manager, as the person to answer questions regarding the assessments and
protest proceedings.
24. Director of Public Works requests
approval of Budget Transfer No. 115, increasing Fiscal Year 2002/03
appropriations in the Equipment Pool Operating Budget Unit by $100,000 to cover
excess expenditures, offset by over-realized revenues. (4/5 vote required) BT-115
25. Director of Public Works/Aviation requests authorization for the Chair to sign Certificates of Acceptance of an Avigation and Hazard Easement Deed from:
A. Alice B. Strand (Assessor’s Parcel No. 046-531-019);
B. Chapel of the Chimes (Assessor’s Parcel No. 046-370-006); and
C. Philip A. Zeidman and Ari Zeidman (Assessor’s Parcel No. 058-060-008).
26. Library Director requests authorization for out of state travel for Library Computer Systems Technician Katherine Anderson and Head of Technical Services Anne Moya to attend the Library’s automation system annual users group meeting in Denver, Colorado, from September 16 - 20, 2003 for an estimated total cost of $2,450.
27. County
Counsel requests the Board take the following actions:
A. Adopt resolution accepting the
Engineer’s report for County Service Area No. 4 and setting a public hearing on
the proposed levy of assessment; R-03-116
B. Set Public Hearing for August 5,
2003 at 9:30 a.m. to hear protests to the proposed assessment;
C. Direct the Clerk of the Board to
comply with the requirements of Article XIII D of the California Constitution
with respect to notice requirements for the proposed assessment; and
D. Designate Rob Paul, Deputy County
Counsel, as the person to answer questions regarding the assessments and
protest proceedings.
28. County Executive Officer requests adoption
of a resolution approving a cost of living adjustment of 3.0% effective July 5,
2003, for the following employee groups:
Non-Classified
Classified (Management)
Confidential
Public Services Employee Unit
Public Services Employee Supervisory Unit
R-03-117
29. County
Executive Officer and Auditor-Controller request authorization to increase the
amounts of the following children’s counseling contracts, if necessary, by a
maximum of $5,000 per contract in order to provide services through June 30,
2003:
A. Agreement No. 5547 with Sarah Boggs; A-5547
B. Agreement No. 4822 with Richard
Cohan; A-4822
C. Agreement No. 4601 with Del Domezio; A-4601
D. Agreement No. 4591 with Gregory
Matsumoto; A-4591
E. Agreement No. 4934 with Bill Ruhs; A-4934
F. Agreement No. 4879 with Dana Talbot;
and A-4879
G. Agreement No. 4710 with Robert
Zemanek. A-4710
30. County Executive Officer/Purchasing Agent
requests the Board of Supervisors to declare certain items of personal property
as surplus and no longer required for public use, and to authorize their
disposal at public auction. (Complete
list on file with the Clerk of the Board)
31. County Executive Officer/Purchasing Agent and Director of Public Works request the Board of Supervisors to declare certain vehicles and equipment as surplus and no longer required for public use, and to authorize their disposal at public auction. (Complete list on file with the Clerk of the Board)
32. Approve minutes of Board of Supervisors’ meetings of June
19, June 18, June 17, June 10,
April 1 and March 18, 2003.
33. Discussion of items removed from Consent Calendar.
NUMBERS 21, 22, 23, 27 AND 29 WERE
PULLED FOR DISCUSSION BUT NOT VOTED ON INDIVIDUALLY.
APPROVED CONSENT CALENDAR NUMBERS 7
THROUGH 32, AS AMENDED.
BD-DD-MR-ML-BW
34. 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, FEBRUARY 25, APRIL 22 AND MAY 20,
2003; APPLICANT
AND APPELLANT HAVE REQUESTED CONTINUANCE;
STAFF REQUESTS CONTINUANCE TO AUGUST 19,
2003 AT 3:00 P.M.)
PUBLIC HEARING CONTINUED TO AUGUST 19, 2003 AT 3:00 P.M.
BD-DD-MR-ML-BW
35. 10:15
A.M. PUBLIC
HEARING Consideration and possible action regarding appeals filed
by
1)
Gary Gates on behalf of Louise Rossi (a neighbor) and 2) Del Dotto Vineyards,
Inc., (applicant) to a decision by the Conservation, Development, and Planning
Commission on April 2, 2003 to approve the Del Dotto Winery/Erickson
Properties, Inc. – Use Permit Request #02082-UP to establish a new 48,000
gallon per year winery within: (1) a new 6,924 square foot winery building with
15,025 square feet of caves for a winery totaling 21,949 square feet; (2)
custom crushing activities (crushing, fermentation, barrel aging and bottling)
for up to six custom producers and utilizing 21% (10,000 gallons per year) of
the total approved winery production capacity (reduced to two custom producers
and 5,000 gallons); (3) four full time and one part time employees;
35. Continued
(4)
200 visitors per week; (5) 20 parking spaces; (6) tours and tasting by
appointment only; (7) a marketing plan; (8) an entry structure; and (9) a
left-hand turn lane on St. Helena Highway; located on a + 15 acre parcel
(after pending Lot Line Adjustment) on the west side of St. Helena Highway, 800
feet south of its intersection with
Zinfandel Lane, within an Agricultural Preserve (AP) zoning district. (Assessor’s Parcel #027-160-045 ptn, and
046) 1445 South St. Helena Highway, St.
Helena.
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:
traffic, historic resources, and aesthetics.
(CONTINUED
FROM JUNE 24, 2003)
PUBLIC HEARING HELD
THE BOARD APPROVED A CHANGE IN THE CONDITIONS OF
APPROVAL AS OUTLINED BELOW:
CONDITION 2C: CHANGE FROM 62 SMALL EVENTS TO 27
SMALL EVENTS; WITH NO MORE THAN 10 OF THESE EVENTS BEING HELD AT NIGHT; LIMITED
TO A MAXIMUM OF 24 PEOPLE, WITH AN AVERAGE OF 14 PEOPLE; AND NO MORE THAN THREE
(3) EVENTS PER MONTH.
CONDITION 2: INCLUDE DOCUMENTATION THAT SHUTTLE
BUSES ARE REQUIRED TO TRANSPORT PEOPLE TO AND FROM THE SITE FOR 300 AND 100
PERSON EVENTS.
TO ADD A CONDITION OF APPROVAL
THAT IF CALTRANS’ CONDITIONS CANNOT BE MET, THEN NO USE PERMITS CAN BE ISSUED,
AND THE PROJECT GOES BACK TO THE PLANNING COMMISSION ESSENTIALLY AS A NEW
PROJECT.
ML-BD-MR-DD-BW
N
AS A RESULT OF THESE CHANGES IN THE CONDITIONS OF
APPROVAL, THE
DEL DOTTOS WITHDREW THEIR APPEAL, AND MS. ROSSI
WITHDREW HER APPEAL (EXCEPT FOR THE PORTION OF THE APPEAL THAT CAUSED THE
CONDITIONS TO CHANGE).
THE BOARD APPROVED ACCEPTANCE OF THE WITHDRAWALS AND
CONTINUED THE PUBLIC HEARING TO JULY 22, 2003 AT 10:00 A.M. FOR PRESENTATION OF
FINDINGS OF FACT.
MR-BD-ML-DD-BW
36. 2:30
P.M. PUBLIC HEARING Director of Conservation, Development and
Planning Department requests consideration and adoption of a resolution
ordering the account and proposed assessment confirmed for costs incurred for
the abatement of a nuisance.
ENVIRONMENTAL DETERMINATION: Categorically Exempt from CEQA pursuant to
California Code of Regulations 15321 (Class 21) and Napa County CEQA Guidelines
§ 409(u).
PUBLIC HEARING HELD
ADOPTED RESOLUTION DD-BD-MR-ML-BW R-03-118
37. County Executive Officer requests
authorization for the Health Partnership Coalition to serve as an advisory
committee to the Board of Supervisors in the development of proposals for use
of Tobacco Settlement Funds returning in September 2003 with recommendations.
38. County Executive Officer requests
appointment of one (1) of the following applicants to serve as a representative
from the public at large on the Wildlife Conservation Commission with term
expiring February 1, 2006:
Yvonne
Baginski
Janet
R. Barth
Kelly
Reed
THE BOARD APPOINTED JANET R. BARTH.
DD-MR-BD-ML-BW
39. County Executive Officer requests
appointments to the Napa River Watershed Conservancy/Watershed Information
Center (WIC) Board of Directors as follows:
A. Appointment of one (1) of the
following applicants representing the general public:
Carol
A. Kunze
Karen
Jean Bower Turjanis
THE BOARD APPOINTED CAROL A. KUNZE.
BD-ML-MR-DD-BW
B. Appointment of the following two (2)
applicants representing Napa County Cities as recommended by the Napa County
City Selection Committee:
David Crawford, City of Napa
Bonnie K. Schoch, City of St. Helena
THE BOARD APPOINTED DAVID CRAWFORD AND BONNIE K.
SCHOCH.
BD-DD-MR-ML-BW
40. County Executive Officer requests
appointment of one (1) person from the following applicants
to serve on the Napa City-County Library
Commission with the term of office to expire
June 30, 2006:
Thomas A. Gumina
Carol Anne Lies*
*Incumbent
THE BOARD APPOINTED CAROL ANNE LIES.
DD-MR-BD-ML-BW
41. Discussion
and possible action including, but not limited to, the following legislation:
S 171/HR 1301:
Medicare Ambulance Payment Reform Act of 2003
THE BOARD DIRECTED STAFF TO SEND A
LETTER TO CONGRESSMAN MIKE THOMPSON ADVISING HIM WHAT IS APPROPRIATE FOR THE
COUNTY OF NAPA AND ASKING HIM TO MONITOR THESE BILLS AND TAKE THE APPROPRIATE
ACTION.
42. Board of Supervisors’ Committee Reports and Announcements.
NONE
43. Board of Supervisors’ Future Agenda
Items.
44. County Executive Officer Report.
NO REPORT
45. Closed
Session:
A. CONFERENCE WITH LEGAL COUNSEL –
ANTICIPATED LITIGATION
Significant exposure to litigation
pursuant to subdivision (b) of Government Code Section 54956.9: (Two cases)
CLOSED SESSION HELD – NO REPORTABLE ACTION
B. CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code Section 54956.9 (a))
Name of case: Napa Valley Land
Stewards Alliance v. Napa County Board of Supervisors. (Case No. 26-21346)
(CONTINUED FROM JUNE 24, 2003)
SUPERVISOR DILLON RECUSED HERSELF FROM THIS ITEM AS SHE HAD
NOT YET RECEIVED A RULING ON POTENTIAL CONFLICT OF INTEREST FROM THE FAIR
POLITICAL PRACTICES COMMISSION.
CLOSED SESSION HELD – NO REPORTABLE ACTION
C.
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
SESSION HELD – NO REPORTABLE ACTION
Adjournment.
ADJOURNED TO THE
BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,
JULY 15, 2003 AT
9:00 A.M.
___________________________________
BRAD WAGENKNECHT, Chairperson
ATTEST: ___________________________________
PAMELA
MILLER, 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