MINUTES OF THE
MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF NAPA
August 19, 2003
1. Call to Order; Roll Call.
THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, AUGUST 19, 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 9:02 A.M.
2. Pledge of Allegiance.
TRENT CAVE, DIRECTOR OF ENVIRONMENTAL MANAGEMENT, LED THE SALUTE TO THE FLAG.
3. Public Comment.
DAVID BAKER, EXECUTIVE DIRECTOR OF SEIU LOCAL 614, INTRODUCED NEW STAFF MEMBER CAITLIN MCCUNE, FIELD REPRESENTATIVE.
4. Department Directors’ Reports and Announcements.
GARY LIEBERSTEIN, DISTRICT ATTORNEY, ANNOUNCED THAT SCOTT LESTRANGE, ASSISTANT DISTRICT ATTORNEY, RECENTLY RETIRED, AND THE NEWLY APPOINTED ASSISTANT DISTRICT ATTORNEY IS BOB GREGGINS.
MR. LIEBERSTEIN THEN INTRODUCED MR. GREGGINS.
MR. GREGGINS THANKED MR. LIEBERSTEIN FOR HIS CONFIDENCE IN DOING THE JOB OF THE ASSISTANT DISTRICT ATTORNEY.
5. Chief Probation Officer requests approval of and authorization for the Chair to sign renewals of the following agreements with the California Youth Authority for the term July 1, 2003 through June 30, 2004 for wards of the Juvenile Court:
A. Agreement No. 628 for a maximum of $31,890 for the provision of diagnostic, treatment, and temporary detention; and A-628
B. Agreement No. 3629 for a maximum of $5,000 for the provision of temporary emergency housing. A-3629
6. Sheriff requests approval of and authorization for the Chair to sign Amendment No. 8 to Agreement No. 3220 with the City of American Canyon for a maximum amount of $2,073,191
for the term July 1, 2003 through June 30, 2004 to provide law enforcement services.
7. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4072 with Community Action of Napa Valley, Inc., for a maximum of $150,805 for the term July 1, 2003 through June 30, 2004 to provide Proposition 99 tobacco control services. A-4072
8. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4581 with Solano School of Nursing Assistants, Inc., for a maximum of $3,500 for the term July 1, 2003 through June 30, 2004 to provide vocational training services. A-4581
9. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4705 with Preferred Healthcare Registry, Inc., for a maximum of $100,000 for the term July 1, 2003 through June 30, 2004 to provide occupational and physical therapy services. A-4705
10. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4771 with Wine Valley Yellow Cab Company for a maximum of $7,500 for the term July 1, 2003 through June 30, 2004 to provide services to CalWORKs recipients for the Guaranteed Ride Home Program. A-4771
11. Director of Public Works requests the following:
A. Approval to revise the scope of the Connolly Ranch Bathroom and Field Kitchen project, as approved by the Board on September 11, 2001 as one of the Proposition 12 Parks Bond Act of 2000 Napa County Per Capita grant projects; and
B. Approval of and authorization for the Chair to sign a land tenure agreement with The Land Trust of Napa County certifying that the Land Trust (or its successors) will maintain and operate the property and improvements funded by the grant. A-6106
12. Director of Public Works requests award of the contract for the “Property Fence at Yountville Maintenance Yard Project,” RDS 03-05, to Crusader Fence Co. of Rancho Cordova, California, for their low bid of $13,886 and authorization for the Chair to sign the construction contract.
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 Contract No.
RDS 02-13, “Asphalt Concrete Overlay of Various Roads in Napa County Project.”
14. Director of Public Works requests approval of and authorization for the Chair to sign a Federal Apportionment Exchange Program and State Match Program Agreement with the State of California Department of Transportation (State Agreement No. X03-5921(031)) for the Fiscal Year 2002/2003 to receive $337,648 into the County Road Fund. A-6108
15. Director of Public Works/Aviation requests authorization to sign all Federal Aviation Administration (FAA) and State of California Grant documents for approved projects contained
in the Airport Capital Improvement Program.
16. Human Resources Director requests adoption of a resolution amending the Departmental Allocation List for the Health and Human Services Agency with regards to adding three (3) Office Assistant II positions, one of which will be designated bilingual, and two (2) Medical Secretary positions, effective August 30, 2003. R-03-155
17. Human Resources Director requests the following actions regarding the County Kaiser Health Plan benefit, effective September 1, 2003:
A. Adoption of a resolution approving monthly rates for County employees and retirees over age 65; and R-03-156
B. Authorization for the Human Resources Director to sign service agreements for the period September 1, 2003 through December 31, 2004.
18. County Executive Officer requests appointment of the following applicants to serve on the Napa Valley Workforce Investment Board with terms commencing immediately and expiring as indicated:
Term expires June 30, 2004 Representing
Christine Burns* Private Sector Business
Elizabeth Davis (formerly Pridmore)* Private Sector Business
Carmen Garcia* One-Stop Partners
Larry Glenn* Labor
Jacquelin S. Gitman Community Based Organization
Randy Gourley* Labor
E.J. Hullana* Private Sector Business
Term expires June 30, 2004 Representing
Reuben Katz* Private Sector Business
Maritza Monge* Private Sector Business
Barbara Nemko* Education
Peter Stoppello* Private Sector Business
Brad Wagenknecht* Board of Supervisors
Term expires June 30, 2005
Bill Blair Education
Arvin Chaudhary* Private Sector Business
David Crespin* Private Sector Business
Valerie S. Deitrick Private Sector Business
Deborah L. Fries* One-Stop Partners
Kathleen Forni Private Sector Business
Robert G. Green* Private Sector Business
Celine Haugen* Economic Development
Aurelio Hurtado* Community Based Organization
Susan K. Jensen* Economic Development
Rhonda Slota* One-Stop Partners
Teresa Zimny* One-Stop Partners
19. Approve minutes of Board of Supervisors’ meetings of August 5 and July 29, 2003 and
July 30, 2002.
SUPERVISOR DILLON ABSTAINED FROM VOTING ON THE MINUTES OF
JULY 30, 2002.
20. Discussion of items removed from consent calendar.
ITEM 11 WAS HELD FOR DISCUSSION.
APPROVED CONSENT CALENDAR ITEMS 5 THROUGH 19, AS NOTATED ABOVE.
21. Board of Supervisors meeting as a Board of Equalization.
(SEE BOARD OF EQUALIZATION MINUTES)
22. Recess to the Napa County Flood Control and Water Conservation District meeting.
(SEE NAPA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT MINUTES)
23. 2:30 P.M. Public Hearing.
Board of Supervisors conduct a public hearing and first and final reading and adoption of proposed ordinance change No. 03109-Ord making technical corrections to Sections 18.12.010, 18.104.230, 18.104.305 and 18.140.050 and amending Sections 18.104.270, 18.116.020 and 18.124.120 of the Napa County Code relating to standards and permits for fences, signs for agricultural parcels, setbacks for wineries located in open space areas, and revocation of use permits due to abandonment of use.
ENVIRONMENTAL DETERMINATION: Categorical exemption pursuant to Class 5 (California Environmental Quality Act (CEQA) Guidelines Section 15303) minor alterations to land use limitations.
(PUBLIC HEARING CONTINUED FROM JUNE 10, 2003)
PUBLIC HEARING HELD
THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.
THE BOARD ADOPTED THE ORDINANCE. O-1227
24. 3:00 P.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, MAY 20 AND
JULY 8, 2003)
PUBLIC HEARING HELD
SUPERVISOR DILLON MOTIONED TO DENY THE APPEAL, AND MODIFY THE EROSION CONTROL PLAN BY ADDING THE FOLLOWING TWO CONDITIONS OF APPROVAL: 1) THE APPLICANT SHALL PROVIDE FUNDING TO THE COUNTY TO CONTRACT WITH AN INDEPENDENT THIRD PARTY PROFESSIONAL TO VERIFY THE EXISTING STRUCTURAL INTEGRITY OF THE CULVERT BRIDGE; REPAIRS NEEDED (IF ANY) ARE THE FINANCIAL OBLIGATION OF THE APPLICANT AND SHALL BE COMPLETED PRIOR TO BUILDING PERMIT ISSUANCE; AND 2) THAT A RETAINING WALL AND SWALE BE INSTALLED ALONGSIDE THE DRIVEWAY BETWEEN SODA CANYON ROAD AND THE BRIDGE SIMILAR TO THAT DESIGNED BY PAUL BARTELT (AUGUST 2003 VERSION ON FILE WITH THE PLANNING DEPARTMENT).
SUPERVISOR LUCE AMENDED THE MOTION TO CHANGE “BUILDING PERMIT ISSUANCE” TO “OCTOBER 15, 2004”.
SUPERVISOR DILLON APPROVED THE AMENDMENT.
THE BOARD TENTATIVELY APPROVED THE MOTION, AS AMENDED AND NOTATED ABOVE, AND CONTINUED THE ITEM TO SEPTEMBER 23, 2003 AT
10:00 A.M. FOR CONSIDERATION OF FINDINGS OF FACT.
25. 4:00 P.M. Public Hearing.
Proposed Ordinance Amendment of the Board of Supervisors of the County of Napa amending Chapters 13.15, 15.08, 18.124 and 18.128 of the Napa County Code establishing permit requirements for the extraction and use of pumped groundwater as a water source on affected properties and exemption from said permit requirements.
ENVIRONMENTAL DETERMINATION: Categorically Exempt, Class 8 (CEQA Guidelines Section 15308).
DROPPED FROM CALENDAR BASED ON CONTINUATION OF PLANNING COMMISSION’S PUBLIC HEARING. THIS ITEM WILL BE RE-NOTICED FOR
THE BOARD OF SUPERVISORS.
26. Auditor-Controller to discuss and request the following actions:
A. Adoption of a resolution authorizing the issuance of a promissory note to fund payment of the 2002-2003 delinquent secured taxes in connection with the implementation of the Teeter Plan as set forth in Revenue and Taxation Code Section 4703.2 for Fiscal Year 2003-2004;
B. Adoption of a resolution adopting the tax rates for the Fiscal Year 2003-2004 Secured Tax Roll; and
ADOPTED RESOLUTION R-03-153
C. Adoption of a resolution establishing the Fiscal Year 2003-2004 appropriation limit and estimated revenue subject to the limit for the County of Napa, as required by Article XIII-B of the California Constitution.
ADOPTED RESOLUTION R-03-154
27. Discussion and possible action including, but not limited to, the following legislation:
Budget Accountability Act
THE BOARD WENT ON RECORD IN SUPPORT OF THE BUDGET ACCOUNTABILITY ACT.
28. Board of Supervisors’ Committee Reports and Announcements.
SUPERVISOR DODD REPORTED THAT ON THURSDAY, AUGUST 14, 2003, THE NAPA COUNTY LEAGUE OF GOVERNMENT (NCLOG) HELD A MEETING IN WHICH THERE WAS A DISCUSSION ON THE HOUSING AGREEMENTS WITH THE CITIES OF AMERICAN CANYON AND NAPA. SUPERVISOR DODD STATED THAT PUBLIC MEETINGS ARE SCHEDULED TO BE HELD WITHIN THE NEXT 35 DAYS ON THIS MATTER.
SUPERVISOR RIPPEY REPORTED RHONERT PARK’S CITY COUNCIL IS NOW WORKING ON THE ISSUE OF THEIR CITY BEING A POTENTIAL SITE FOR A GAMBLING CASINO.
SUPERVISOR WAGENKNECHT REQUESTED THAT STAFF MONITOR THE SITUATION.
29. Board of Supervisors’ Future Agenda Items.
30. County Executive Officer Report.
BILL CHIAT PROVIDED AN UPDATE ON ITEMS SCHEDULED FOR FUTURE BOARD MEETINGS, AS FOLLOWS:
THE BUREAU OF LAND MANAGEMENT WILL MAKE A PRESENTATION TO THE BOARD ON AUGUST 26, 2003, AND THE AUDITOR/CONTROLLER WILL PROVIDE A BUDGET UPDATE;
ON SEPTEMBER 9, 2003, THE STABILIZATION CENTER AND HOMELESS SHELTER REPORT WILL BE GIVEN BY STAFF;
GROUNDWATER ORDINANCE REVISIONS WILL BE PRESENTED AND THE TRANSIENT OCCUPANCY TAX STUDY SESSION WILL BE HELD ON
SEPTEMBER 16, 2003;
A JOINT MEETING WITH CITY OF AMERICAN CANYON’S CITY COUNCIL IS SCHEDULED FOR SEPTEMBER 18, 2003 AT 7:00 P.M.;
A CODE COMPLIANCE PRESENTATION WILL BE MADE ON SEPTEMBER 23, 2003;
ON SEPTEMBER 30, 2003, THE ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) WILL BE MAKING A PRESENTATION TO THE BOARD, AND A PRESENTATION ON THE NAPA STATE HOSPITAL COST STUDY WILL BE MADE BY STAFF;
THE MAXIMUS FEE STUDY WILL BE PRESENTED ON OCTOBER 21, 2003; AND
A TOUR AND WORKSHOP OF LAKE BERRYESSA IS BEING PLANNED FOR LATE OCTOBER/EARLY NOVEMBER.
MR. CHIAT REPORTED THAT THERE ARE OTHER ITEMS THAT ARE WORKS-IN-PROGRESS, AND AS OF TODAY, ARE NOT SCHEDULED TO COME BEFORE THE BOARD. THESE ITEMS INCLUDE: UPDATES REGARDING PROPOSITION 36; LAND TRUST VEGETATIVE MAPPING STUDY, AND THE LOCAL FOREST RULES AND PRACTICES.
MR. CHIAT ALSO STATED THAT THE POTENTIAL POWER LINES PLANNED FOR INSTALLATION BY PG&E IN THE NAPA VALLEY MAY BE PERMANENTLY POSTPONED DUE TO INNOVATIONS IN TECHNOLOGY.
31. Closed Session.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code Section 54956.9 (a))
Names of cases:
i) Jorge Deharo, Hector Olvera, Latinos Unidos de Napa, an Unincorporated Association v. County of Napa et. al. (Napa County Superior Court Case No. 26-22255)
ii) Napa Citizens for Honest Government et al v. Napa County Board of Supervisors (Case No. 26-04014)
CLOSED SESSION NOT HELD - CONTINUED TO AUGUST 26, 2003.
ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,
AUGUST 26, 2003 AT 9:00 A.M.
BRAD WAGENKNECHT, Chairperson
ATTEST: __________________________________ PAMELA MILLER, 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