MINUTES OF THE
MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF NAPA
March 23, 2004
1. Call to Order; Roll Call.
THE
BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY,
MARCH 23, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRPERSON MARK LUCE, SUPERVISORS BILL DODD
AND
DIANE DILLON. SUPERVISORS MIKE RIPPEY
AND BRAD WAGENKNECHT WERE EXCUSED. THE
MEETING WAS CALLED TO ORDER BY CHAIR LUCE
AT 9:02
A.M.
2. Pledge of Allegiance.
EVELINA MOLINA LED THE SALUTE TO
THE FLAG.
Presentations and
Commendations
3A. Presentation from the Napa County Medical Society of
an Accreditation Award to both the Adult and Juvenile Correctional Facilities.
PRESENTATION MADE
3B. Presentation
of a proclamation recognizing March 31, 2004 as César Estrada Chávez Day of Service and Learning.
PRESENTATION MADE
4. Public Comment.
NONE
5. Department Directors’ Reports and Announcements.
JOHN TUTEUR, ASSESSOR-RECORDER/COUNTY
CLERK/REGISTRAR OF VOTERS, REQUESTED AGENDA ITEM 6J BE REMOVED FROM TODAY’S
AGENDA AND PLACED ON THE APRIL 6, 2004 AGENDA. MR. TUTEUR STATED THIS REQUEST IS A RESULT OF FINDING TWO PAPER
BALLOTS UPON COMPLETION OF THE FINAL BALLOT COUNT. HE STATED THE TWO BALLOTS WILL BE COUNTED TODAY AND THE TALLY
WILL BE COMBINED WITH THE CURRENT TALLY.
MR. TUTEUR SAID THE ELECTION CANVASS WILL BE AVAILABLE SOMETIME LATER
THIS WEEK AND REITERATED THE CANVASS WILL BE BROUGHT BEFORE THE BOARD FOR
APPROVAL AT THEIR
APRIL 6, 2004 MEETING.
5. Continued
PATRICK LYNCH, ASSISTANT DIRECTOR OF CONSERVATION,
DEVELOPMENT AND PLANNING, REPORTED ON THE STATUS OF THE NEXTEL ANTENNA PROJECT
AND PROVIDED FOLLOW-UP ON COMMENTS MADE BY MR. THOMAS DURING PUBLIC COMMENT AT
THE MARCH 16, 2004 BOARD OF SUPERVISORS’ MEETING. MR. LYNCH STATED SINCE THAT DATE, THE DEPARTMENT HAS HAD
CONVERSATIONS WITH MR. THOMAS, OFFERED TO REVIEW THE FILE WITH HIM, AND ADVISED
HIM OF THE DEADLINE TO FILE AN APPEAL, WHICH IS MARCH 26, 2004.
Consent Calendar
6A. Director
of Health and Human Services requests approval of and authorization for the
Chair to sign Amendment No. 1 to Agreement No. 4149 with Alternatives for
Better Living, Inc., increasing the amount by $1,500 for a new maximum of
$2,750 to provide counseling services in the Children’s Behavioral Health and
Child Welfare Services Programs. A-4149
(AMEND.
1)
6B. 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:
1) Amendment
No. 1 to Agreement No. 4542 with Sharon Harp, MFT, increasing the amount by
$4,000 for a new maximum of $10,000; A-4542
(AMEND. 1)
2) Amendment No. 1 to Agreement No. 4563 with Steven Boyd,
LCSW, increasing the amount by $3,000 for a new maximum of $6,000; and A-4563
(AMEND.
1)
3) Amendment No. 1 to Agreement No. 6178 with Neelam
Sachdev, M.D., increasing the amount by $15,000 for a new maximum of $30,000. A-6178
(AMEND.
1)
6C. Director of Health and Human Services requests approval
of and authorization for the Chair to sign Amendment No. 1 to Agreement No.
6135 with Child Start, Incorporated/Napa Solano Head Start increasing the
amount by $2,784 for a new maximum of $29,520 for reimbursement for meals provided at the
Therapeutic Child Care Center. A-6135
(AMEND. 1)
6D. Director of Health and Human Services requests approval
of and authorization for the Chair to sign an agreement with Dennis Thompson,
dba, Thompson Associates, for a maximum of $18,000 for the term March 1, 2004
through June 30, 2004 to provide workshop services to clients participating in
the Training and Employment Center Program. A-6259
6E. Director of Health and Human Services requests approval of and authorization for the Chair to sign the Declaration of Intent with the Department of Health Services for Rural Health Services Program Funding for the Emergency Medical Services Appropriation for Fiscal Year 2003-2004.
6F. Director of Health and Human Services requests approval
of and authorization for the Chair to sign a Memorandum of Understanding with
the Napa County Office of Education for the term January 12, 2004 through June
30, 2004 setting forth funding requirements for Assembly Bill 3632 mental
health services. A-6260
6G. Director of Public Works/Aviation requests authorization for the Chair to sign the Certificates of Acceptance of Avigation and Hazard Easement Deeds from Waterton 93 Investment Partnership. (Assessor’s Parcel Nos. 058-602-037, 058-602-038 and 058-602-039)
6H. Director of Public Works/Aviation requests authorization for the Chair to sign a Certificate of Acceptance of an Avigation and Hazard Easement Deed from Mary Kay Kaltreider.
(Assessor’s Parcel No. 057-250-022)
6I. Director of Public Works/Aviation requests authorization for the Chair to sign a Certificate of Acceptance of an Avigation and Hazard Easement Deed from Richard M. Hancock and
Alecia M. Hancock. (Assessor’s Parcel No. 057-110-043)
6J. Assessor-Recorder/County
Clerk/Registrar of Voters requests approval of the Certified Statement of the
Results (Official Canvass) of the Primary Election held on Tuesday, March 2,
2004 pursuant to Elections Code 15300-15400.
(Certified Statement on file with the Clerk of the Board)
ITEM REMOVED FROM
AGENDA – CONTINUED TO APRIL 6, 2004.
6K. Auditor-Controller
requests the Board accept and instruct the Clerk of the Board to file the
following Audit Reports and Monitoring Letter:
Audit Reports - County of Napa - For the Fiscal Year Ended June 30, 2002
1) Department
of Probation - Mary Arnold Trust Fund
2) Department
of Probation - Probation Trust Fund
3) Department
of Corrections - Inmate Welfare Trust Fund
6K. Continued
Audit Reports - County of Napa - For the Fiscal Year Ended June 30, 2003
4) Napa
Special Investigation Bureau - Special Investigation Fund
5) District
Attorney’s Office - Special Investigation Fund
6) District
Attorney’s Office - Child Recovery Fund
7) Probation
Department - Drug Court Revolving Fund
Monitoring Letter for the Fiscal Year Ended June 30, 2003
8) Department
of Health and Human Services Agency - Workforce Investment Board
(Reports on file with Clerk of the Board)
6L. County Counsel requests adoption of a resolution authorizing
the Board to hear and make decisions regarding applications by property owners
to waive tax recoupment fees that may be owing due to an immediate rezone of
Timberland Production Zone lands pursuant to Government Code Section 51142(e). R-04-37
6M. Treasurer-Tax
Collector requests approval of the following persons nominated to serve on the
Napa County Oversight Committee with the terms of office to expire on March 31,
2005:
Pam Kindig Auditor-Controller
Alternate: Craig Goodman, Assistant
Auditor-Controller
Mike Rippey Representative of
the Board of Supervisors
Alternate: Mark Luce
Barbara Nemko County Superintendent of Schools or his/her designee
Alternate: J. R. Purkis, Assistant Superintendent
of Schools
Jackie
Dickson A representative
selected by a majority of the presiding
(NVUSD board) officers of the
governing bodies of the school districts and
community college
district.
Alternate: Peggy
Berlin (Calistoga Unified Board)
Jill Techel A
representative selected by a majority of the presiding officers of the
legislative bodies of the special districts in the county that are required or
authorized to deposit funds in the County Treasury.
6N. County
Executive Officer requests adoption of a resolution amending the County’s
Purchasing Policy in relation to increasing the purchasing agent’s
authorization limit to $50,000 in accordance with revised Government Code
Section 25502.3, effective January 1, 2004.
R-04-38
6O. County Executive Officer
requests adoption of a resolution renewing the delegation of authority granted
to the Napa County Treasurer-Tax Collector to invest and re-invest funds held
in the County treasury for a one-year period beginning April 1, 2004. R-04-39
6P. County
Executive Officer requests approval of and authorization for the Chair to sign
Amendment No. 1 to Agreement No. 4825 with Jeffrey C. Baird, dba Baird &
Driskell Community Planning, extending the termination date to June 30, 2004,
to complete services related to the County Housing Element. A-4825
(AMEND.
1)
6Q. County Executive Officer requests the appointment of Susan E.
Bohrer-Todd to the Advisory Board on Alcohol and Drug Programs, representing
the Interested Citizen category, with term of office to expire January 1, 2007.
6R. County Executive Officer requests the following reappointments
to the Napa County Winegrape Pest and Disease Control District with the term of
office to expire March 26, 2007:
Applicants Vineyard Location
Andrew Bledsoe Oakville
Frank E. Leeds Rutherford
Raymond L. Tonella Rutherford
6S. Approve minutes of Board of Supervisors’ regular and
special meetings of March 2 and regular meeting of February 24, 2004.
7. Discussion of items removed from the Consent Calendar.
NONE
APPROVED CONSENT CALENDAR ITEMS 6A
THROUGH 6S, AS NOTATED ABOVE.
Set Matters – Public
Hearings
8A. 9:30
A.M. Partnership HealthPlan of California to
provide a status report on the program.
REPORT GIVEN
8B. 10:15 A.M. PUBLIC HEARINGS
1) First and final reading and adoption
of an ordinance #04001-ORD updating and making technical changes to
Section18.10.020; Sections 18.40.020, 18.40.060, 18.40.110, 18.40.170,
18.40.240, and 18.40.250; Sections 18.44.080, 18.44.090, 18.44.120, 18.44.170
and adding Section 18.44.210; Chapter 18.80; Section 18.104.010; Section
18.110.030; and Section 18.116.045 of the Napa County Code relating to: a)
updating for consistency with the Napa County Airport Land Use Compatibility
Plan; b) establishment of a process for modification to site
8B. Continued
development standards; c)
miscellaneous technical corrections; and, d) updating signage regulations.
ENVIRONMENTAL
DETERMINATION: Categorically Exempt,
Class 5
(CEQA Guidelines Section 15303),
Minor alterations to land use limitations.
2) Proposed
Specific Plan Amendment #SPAMD 0101 updating and making technical changes to
the 1986 Airport Industrial Area Specific Plan relating to: a) updating for
consistency with the Napa County Airport Land Use Compatibility Plan;
b)
establishment of a process for modification to site development standards;
c)
miscellaneous technical corrections; and, d) updating signage regulations. The Airport Specific Plan regulations
pertain to lands within the County of Napa generally located south of the
intersection of State Routes 29 and 221, west of Kelly Road, east of the Napa
River, and north of Green Island Road within the IP:AC (Industrial Park:
Airport Compatibility Combination District), the GI:AC (General Industrial:
Airport Compatibility Combination District), AV:AC (Airport: Airport
Compatibility Combination District), and the I:AC (Industrial: Airport
Compatibility Combination District).
ENVIRONMENTAL
DETERMINATION: Categorically Exempt,
Class 5
(CEQA Guidelines Section
15303), Minor alterations to land use limitations.
(CONTINUED FROM FEBRUARY 24, 2004)
PUBLIC HEARING HELD –
TESTIMONY PRESENTED
TITLE READ
THE BOARD WAIVED READING THE BALANCE
OF THE ORDINANCE.
BD-DD-MR-BW-ML
X X
THE BOARD FOUND THE PROJECT
CATEGORICALLY EXEMPT.
BD-DD-MR-BW-ML
X X
ADOPTED ORDINANCE BD-DD-MR-BW-ML O-1234
X X
STAFF REQUESTED ADOPTION OF THE SPECIFIC PLAN AMENDMENT
BE CONTINUED TO APRIL 6, 2004.
8C. 11:00
A.M. Susan Moore to present annual report of the
Advisory Board on Alcohol and Drug Programs.
REPORT PRESENTED
8D. 11:15
A.M. PUBLIC HEARING Thomas Weinert/Weinert - Rezoning Request #03298-RZG. Director of Conservation, Development and
Planning Department requests first and final reading and adoption of ordinance
to rezone an 18.84 acre parcel within the unincorporated area of the County
from TP (Timber Preserve) to an AP (Agricultural Preserve) zoning district
pursuant to Government Code Section 51133.
The project is located on the east side of Big Ranch Road, approximately
800 feet south of its intersection with Garfield Lane. (Assessor’s Parcel No.
038-180-020)
2130 Big Ranch Road, Napa.
ENVIRONMENTAL
DETERMINATION: Categorically Exempt,
Class 5.
(STAFF REQUESTS CONTINUANCE TO MAY
11, 2004 AT 10:00 A.M.)
PUBLIC HEARING OPENED – NO
TESTIMONY PRESENTED
PUBLIC HEARING CONTINUED TO MAY 11,
2004 AT 10:00 A.M.
BD-DD-MR-BW-ML
X X
8E. 1:30
P.M. PUBLIC HEARING
1) Lakeview Boat Storage, LLC./Lakeview Boat Storage –
Rezoning
Request #03351-RZG.
First and final reading, adoption of
proposed ordinance, and approval to rezone a
4.70 acre portion of a 30.7 acre parcel from AW
(Agricultural Watershed) to
MC (Marine Commercial) zoning district, located on
two parcels, a 30.74± parcel (Assessor’s Parcel
No. 019-280-006) and a 2.10± parcel (Assessor’s Parcel
No. 019-280-004) on the east side of
Knoxville-Berryessa Road, approximately
one-half mile south of its intersection with Pope
Canyon Road; within a MC (Marine Commercial) zoning district and an AW/MC
(Agricultural Watershed/Marine Commercial) split zoning district. (Assessor’s Parcel Nos.
019-280-004 and 019-280-006) 7150 and 7140 Berryessa
Knoxville Road, Napa.
2) Lakeview Boat Storage , LLC./Lakeview Boat Storage – Use
Permit
Request #03352-UP.
Approval of a use permit to expand the existing boat storage area with: (1) new storage buildings with 71 new enclosed units for a new total of 283 enclosed units and 52 covered units; (2) a new impervious driveway and parking areas totaling
23,750 square feet, for a new total impervious improved area of 68,750 square feet or approximately 1.5 acres; (3) new non-impervious areas for trailer storage totaling 54,650 square feet; and, (4) improvements to Berryessa-Knoxville Road including a left turn lane for southbound traffic and a right turn lane for northbound traffic, located on two parcels, a 30.74± parcel (Assessor’s Parcel No. 019-280-006) and a 2.10± parcel (Assessor’s Parcel No. 019-280-004) on the east side of Knoxville-Berryessa Road, approximately one-half mile south of its intersection with Pope Canyon Road within a MC (Marine Commercial) zoning district and an AW/MC (Agricultural Watershed / Marine Commercial) split zoning district. (Assessor’s Parcel Nos. 019-280-004 and 019-280-006) 7150 and 7140 Berryessa Knoxville Road, Napa.
ENVIRONMENTAL
DETERMINATION: Categorically Exempt,
Class 5
(CEQA Guidelines Section
15303), Minor alterations to land use limitations.
PUBLIC HEARING HELD – NO
TESTIMONY PRESENTED
8E. Continued
TITLE READ
THE BOARD WAIVED READING THE BALANCE
OF THE ORDINANCE.
BD-DD-MR-BW-ML
X X
ADOPTED ORDINANCE BD-DD-MR-BW-ML O-1235
X X
THE BOARD ADOPTED THE MITIGATED
NEGATIVE DECLARATION.
BD-DD-MR-BW-ML
X X
APPROVED USE PERMIT #03352-UP
BD-DD-MR-BW-ML
X X
8F. 2:30
P.M. PUBLIC HEARING
Consideration
and possible action regarding an appeal filed by Reginald B. Oliver to a
decision made by the Conservation, Development and Planning Department (the
“Department”) on November 3, 2003 approving a Viewshed Protection Program
request No. 03339-VIEW for John Nichols replacing an existing 2,528 sq. ft.
house with a new 4,000 sq. ft. house and a separate 2,490 sq. ft. garage. The
project is located on a parcel totaling 3.37 acres located on the east side of
Silverado Trail, near its intersection with Bale Lane in an Agricultural Watershed
(AW) Zoning District. (Assessor’s
Parcel No. 021-030-025)
(CONTINUED FROM MARCH
9, 2004)
PUBLIC HEARING HELD – TESTIMONY
PRESENTED
ITEM CONTINUED TO APRIL 6, 2004
AT 2:30 P.M.
Administrative Items
9A. Treasurer-Tax
Collector requests approval of the County’s Investment Policy.
APPROVED REQUEST DD-BD-MR-BW-ML
X X
9B. County
Executive Officer requests approval of and authorization for the Chair to sign
a Master Property Tax Sharing agreement with City of American Canyon.
ITEM REMOVED FROM AGENDA
10. Legislative Items.
NONE
11. Board of Supervisors’ Committee Reports and Announcements.
SUPERVISOR DILLON REPORTED THAT SHE ASKED PUBLIC WORKS
STAFF TO LOOK INTO THE 300 YEAR-OLD OAK TREE SITUATION THAT WAS REPORTED IN THE
NAPA VALLEY REGISTER ON MARCH 22, 2004.
STEVEN LEDERER, DEPUTY DIRECTOR OF CONSERVATION,
DEVELOPMENT AND PLANNING, RESPONDED THAT THERE IS A SPECIFIC MITIGATION MEASURE
FOR CALTRANS TO ADDRESS CULTURAL AND ARCHEOLOGICAL CONCERNS, AND STATED HE
EXPECTED THAT THE TREE COULD GO INTO ONE OF THOSE CATEGORIES FOR EVALUATION OF
THE CONSTRUCTION OF THE LEFT TURN LANE IN FRONT OF THE SATTUI WINERY.
12. Board of Supervisors’ Future Agenda
Items.
NONE
13. County Executive Officer Reports and
Announcements.
NONE
14. Closed Session.
A. CONFERENCE
WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government
Code Section 54956.9 (a))
Name of
case: Jorge Deharo, Hector Olvera, Latinos Unidos
de Napa, an Unincorporated Association v. County of Napa et. al. (Case No.
26-22255)
CLOSED SESSION HELD - NO
REPORTABLE ACTION
B. 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
Adjournment.
ADJOURNED TO BOARD
OF SUPERVISORS’ SPECIAL MEETING, FRIDAY,
MARCH 26, 2004 AT
3:30 P.M.
_____________________________________
MARK LUCE, Chairperson
ATTEST: _____________________________________
PAMELA
MILLER, Clerk of the Board
KEY
Vote: ML =
Mark Luce; DD = Diane Dillon; BD = Bill Dodd; MR = Mike Rippey; BW = Brad
Wagenknecht
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