MINUTES OF THE
MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF NAPA
November 30, 2004
1. Call to Order; Roll Call.
THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION ON TUESDAY, NOVEMBER 30, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRPERSON MARK LUCE, SUPERVISORS BILL DODD, MIKE RIPPEY, BRAD WAGENKNECHT AND DIANE DILLON. THE MEETING WAS CALLED TO ORDER BY CHAIR LUCE AT 9:04 A.M.
2. Pledge of Allegiance.
HELENE FRANCHI, MANAGEMENT ANALYST III, LED THE SALUTE TO THE FLAG.
3. Presentations and Commendations.
NONE
4. Public Comment.
NONE
5. Department Directors' Reports and Announcements.
MARK CARO, SAFETY OFFICER, invited everyone to stop by the germ city station in the lobby OF THE COUNTY ADMINISTRATION BUILDING today to participate in a DEMONSTRATION ON PROPER HAND WASHING AND FOOD HANDLING AND SERVING TECHNIQUES. MR. CARO STATED WITH THE CURRENT SHORTAGE OF FLU VACCINATIONS, IT IS VERY IMPORTANT TO ENSURE PROPER HYGIENE SO AS NOT TO SPREAD GERMS. HE STATED THIS PROGRAM WOULD BE PRESENTED IN NAPA COUNTY SCHOOLS BY ENVIRONMENTAL MANAGEMENT.
JOHN TUTEUR, ASSESSOR-RECORDER-COUNTY CLERK-REGISTRAR OF VOTERS, ASKED THE BOARD IF THEY HAD ANY QUESTIONS REGARDING ITEM 6M ON TODAY’S AGENDA.
SUPERVISOR DILLON STATED SHE RECEIVED FEEDBACK THAT THE CALISTOGA TRIBUNE AND THE WEEKLY CALISTOGAN WERE CONCERNED THAT THEY COULD NOT RECEIVE ELECTION RESULTS ON TUESDAY AS REQUESTED AND HAD TO WAIT UNTIL WEDNESDAY’S PRESS CONFERENCE.
MR. TUTEUR RESPONDED THAT HE PREFERRED TO ANNOUNCE CONCRETE AND CONFIRMED RESULTS RATHER THAN RAW DATA. HE STATED HE ALSO PREFERRED TO BE ABLE TO DEMONSTRATE FOR THE CANDIDATES THE PROCESS OF HOW THE VOTE TOTALS FOR MANUAL AND ELECTRONIC TALLIES WERE DETERMINED AT THE TIME OF THE ANNOUNCEMENT, WHICH HE WAS UNABLE TO DO UNTIL LATE WEDNESDAY MORNING.
5. Continued
SUPERVISOR WAGENKNECHT INQUIRED AS TO WHY THE RAW DATA COULD NOT BE DISTRIBUTED WITH AN EXPLANATION THAT IT IS DATA THAT HAS NOT YET BEEN VERIFIED.
MR. TUTEUR RESPONDED THAT THE CITY OF CALISTOGA HAD A VERY CLOSE RACE THIS ELECTION AND AS A RESULT HE MADE THE DECISION NOT TO RELEASE RAW DATA.
Consent Calendar
6A. Chief Probation Officer requests approval of and authorization for the Chair to sign Amendment
No.1 to Agreement No. 4776 with ALDEA Children and Family Services increasing the amount
by $31,920 for a new maximum of $124,420 and amending the Scope of Work to include staff
training and increased funding for substance abuse services provided by the Wolfe Center to
at-risk minors under the supervision of the Napa County Probation Department. A-4776
(AMEND. 1)
6B. Acting Director of Health and Human Services requests approval of and authorization for the
Chair to sign renewals of the following revenue agreements for AIDS services with the California
Department of Health Services for the term July 1, 2004 through June 30, 2007:
1. Agreement No. 3409 (AIDS Master Grant Agreement) for a maximum of $362,202;
A-3409
2. Agreement No. 3484 prescribing terms and conditions for HIV/AIDS Surveillance;
A-3484
3. Agreement No. 3485 prescribing terms and conditions for HIV Counseling and Testing; and A-3485
4. Agreement No. 3820 prescribing terms and conditions for AIDS Education and Prevention activities. A-3820
6C. Acting Director of Health and Human Services Agency requests approval of and authorization for
the Chair to sign the renewal of revenue Agreement No. 3662 with the California Department of
Health Services (CDHS) for a maximum of $100,449 for the term July 1, 2004 through
June 30, 2007 for the Housing Opportunities for Persons With AIDS (HOPWA) Program.
A-3662
6D. Acting Director of Health and Human Services requests approval of and authorization for the
Chair to sign the renewal of revenue Agreement No. 4089 with Sonoma County for a maximum of
$114,718 for the term July 1, 2004 through June 30, 2005 for emergency medical services
administration. A-4089
6E. Acting Director of Health and Human Services requests approval of and authorization for the
Chair to sign Amendment No. 1 to Agreement No. 6339 with Barrie Glen, Ph.D., revising the
Compensation table to include assessment services for clients of the Children’s Behavioral Health
and Child Welfare Services programs without changing the maximum amount of the contract.
A-6339
(AMEND. 1)
6F. Acting Director of Health and Human Services requests approval of and authorization for the
Chair to sign the following agreements regarding the Universal Perinatal Home Visitation
Program for the term November 30, 2004 through June 30, 2005:
1. The following three agreements for a combined maximum of $42,000 for home visitation services:
a. Child Abuse Prevention Services, dba COPE Family Center; A-6365
b. Queen of the Valley Hospital of Napa, California; and A-6366
c. St. Helena Hospital. A-6367
2. Agreements with Caroline Pietrangelo Owens:
a. Agreement for a maximum of $39,000 to provide home visitation coordination services; and A-6368
b. Business Associate Agreement setting forth the terms and conditions of the Health
Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule.
A-6368-1
6G. Acting Director of Health and Human Services requests approval of Budget Transfer No. 43
transferring $6,413 from Services and Supplies to Equipment and establishment of a fixed asset in
the amount of $6,413 for the purchase of a new medical refrigeration system in the Public Health
Department Immunization Clinic. (4/5 vote required) BT-43
6H. Library Director requests adoption of a revision to the Library's “2004 Holiday Schedule” to add
December 24 as a closed day, and adoption of the Library's “2005 Holiday Schedule.”
6I. Library Director requests approval of the following actions pertaining to California Library
Literacy Grants:
1. Acceptance of two California Library Literacy Services grants from the State of California totaling $18,330; and
2. Approval of Budget Transfer No. 42 increasing appropriations by $18,330 for Literacy
Services. (4/5 vote required) BT-42
6J. Director of Public Works requests adoption of a resolution authorizing the filing of an application
for Federal Surface Transportation Program funding for a maximum of $1,514,000 for overlay of
Wooden Valley Road, Yountville Cross Road and Silverado Trail, committing the necessary
non-federal match for the projects and stating the County's assurance to complete the project.
R-04-190
6K. Director of Public Works requests the following relating to a lease agreement with the State
Employment Development Department (EDD):
1. Rescind Agreement No. 6201 dated December 9, 2003; and A-6201
2. Approve and authorize the Chair to sign a new agreement with EDD to house equipment for job seekers at 650 Imperial Way, Suite 101, as part of the Training and Employment Center's Job Connection Program for the term October 1, 2003 through June 30, 2006 reimbursing the County at $214.20 per month for a maximum of $7,069 for the entire term. A-6369
6L. Director of Public Works requests approval of the Final Map for condominium purposes entitled
"Camino Oruga Group Industrial Condominiums".
6M. Assessor-Recorder-County Clerk-Elections Department requests Board declaration of the results
of those elections under their jurisdiction as set forth in the Certified Statement of Vote (Official
Canvass) for the General Election held on Tuesday, November 2, 2004 pursuant to the Elections Code Sections 15300-15400.
6N. Clerk of the Board requests the following:
1. Approval of and authorization for the Registrar of Voters to consolidate and conduct a General Municipal Election as requested by the City of St. Helena for the election of certain officers of the City ( City of St. Helena Resolution No. 2004-110) to be held March 8, 2005; and
2. Approval of and authorization for the Registrar of Voters to establish a central counting precinct and to provide the City with certain services in conjunction with the consolidated General Municipal Election as requested by the (City of St. Helena Resolution No. 2004-111) with the provision that all services rendered by the County for the City in connection with such election be reimbursed in full.
6O. Clerk of the Board requests the following:
1. Approval of and authorization for the Registrar of Voters to consolidate and conduct a General Municipal Election as requested by the Town of Yountville for the election of certain officers of the Town and Proposition E (Town of Yountville Resolution
No. 2294-04) to be held March 8, 2005; and
6O. Continued
2. Approval of and authorization for the Registrar of Voters to establish a central counting precinct and to provide the Town with certain services in conjunction with the consolidated General Municipal Election as requested by the Town (Town of Yountville Resolution No. 2295-04) with the provision that all services rendered by the County for the Town in connection with such election be reimbursed in full.
6P. Clerk of the Board requests the following:
1. Approval of and authorization for the Registrar of Voters to conduct an Election as requested by the St. Helena Unified School District for the election of certain officers of the District (School District Resolution No. 04-10) to be held March 8, 2005; and
2. Approval of and authorization for the Registrar of Voters to conduct all election services from publication to ballot counting with the provision that all services rendered by the County for the District in connection with such election will be reimbursed in full.
6Q. Clerk of the Board requests the following:
1. Approval of and authorization for the Registrar of Voters to conduct a General Municipal Election as requested by the City of Napa for the election of certain officers of the City (City of Napa Resolution No. R2004 175) to be held March 8, 2005; and
2. Approval of and authorization for the Registrar of Voters render specified services to the City relating to the conduct of a General Municipal Election as requested by the City (City of Napa Resolution No. R2004 176) with the provision that all services rendered by the County for the City in connection with such election be reimbursed in full.
6R. Human Resources Director requests adoption of a resolution amending the Departmental
Allocation List for the Health and Human Services Agency with regards to deleting one (1)
Secretary and one (1) Office Assistant II from the Training and Employment Center Division and
adding one (1) Secretary and one (1) Office Assistant II to the Social Services Division, effective December 4, 2004.
ITEM REMOVED FROM AGENDA
6S. Human Resources Director requests adoption of a resolution regarding the following in connection
with the District Attorney's Office, effective November 30, 2004:
1. Amend the Departmental Allocation List to add one (1) Supervising District Attorney's
Investigator and delete one (1) subsequent vacancy;
2. Amend the Table and Index to add a Supervising District Attorney's Investigator; and
3. Amend appropriate policies to add Supervising District Attorney's Investigator.
R-04-191
6T. Human Resources Director requests adoption of a Resolution of Intention to approve amending
the contract with the Board of Administration of the California Public Employees' Retirement System to provide for employee's sharing the cost of the retirement benefit and receiving tax
deferment of that shared cost effective January 15, 2005 for all safety employees.
R-04-192
6U. Human Resources Director requests approval of a fifty-one (51) day extension of Leave Without
Pay for a Licensed Mental Health Counselor in the Behavioral Health Division of the Health and
Human Services Agency from November 10, 2004 through December 31, 2004.
6V. County Executive Officer requests adoption of a resolution appointing Hillary E. Gitelman as
Director of Conservation, Development, and Planning and Napa County Zoning Administrator to
serve at the will of the Board of Supervisors. R-04-193
6W. Approve minutes of the meeting held November 9, 2004.
7. Discussion of items removed from the Consent Calendar.
NONE
APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6W, AS NOTATED ABOVE. BD-DD-MR-BW-ML
Set Matters or Public Hearings
8A. 9:15 A.M. Public Hearing. Consideration and possible action regarding an appeal filed by the Howell Mountain Mutual Water Company to a decision by the Conservation, Development and Planning Commission on August 18, 2004 to approve Use Permit request No. PO4-0180-UP and variance request No. P04-0329 to modify a small winery use permit exemption for Outpost Wines to allow two winery buildings to encroach 20-40 feet into the required 300 foot private road setback, and to (1) increase production capacity from 20,000 gallons to 30,000 gallons per year; (2) replace two buildings totaling 2,700 sq. ft. with two buildings totaling 6,820 sq. ft.; (3) a
2,335 sq. ft. covered fermentation building and a 3,500 sq. ft. uncovered crush pad; (4) custom crushing activities for up to 3 custom producers utilizing 50% (15,000 gallons) of the total approved winery production; (5) add tours and tasting by appointment only with 4 visitors/day maximum, average of 6 visitors per week; (6) add a marketing plan consisting of: 5 events per year with a maximum of 25 people per event and two events per year with a maximum of
50 people per event; (7) add one part time employee for a total of one full-time and 2 art-time employees; (8) construct a special design wastewater system. The project is located on a 42.3 acre parcel on the south side of Summit Lake Drive approximately 3/4 mile from its intersection with White Cottage Road North, within an Agricultural Watershed (AW) Zoning District. (Assessor’s Parcel No. 018-200-026)
8A. Continued
ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration prepared. According
to the Mitigated Negative Declaration, the proposed project would have, if mitigation measures
are not included, a potentially significant environmental impact in the following area: Biological
Resources, Hydrology/Water Quality.
PUBLIC HEARING HELD – TESTIMONY PRESENTED
THE BOARD APPROVED ACCEPTANCE OF TWO MAPS INTO THE RECORD PRESENTED BY THE APPELLANT.
DD-BW-BD-MR-ML
THE BOARD DECLARED INTENT TO DENY THE APPEAL AND UPHOLD THE PLANNING COMMISSION’S DECISION; ADOPTED THE CONDITIONS OF APPROVAL, AS AMENDED (TO MODIFY THE USE PERMIT TO INDICATE IF THE PRIMARY SEPTIC AREA FAILS THE APPLICANT WILL RETURN TO THE PLANNING COMMISSION FOR REVIEW OF USE OF THE PROPOSED SECONDARY SITE); ADOPTED THE MITIGATION MONITORING PLAN; AND APPROVED THE PROJECT, AS MODIFIED BY THE APPLICANT’S AGREEMENT TO REVISE THE PROJECT TO INCLUDE A SPILL CONTAINMENT WALL AROUND THE TANK AREA AND TO REMOVE GRAPE SKIN RESIDUE OFF-SITE.
BW-MR-BD-DD-ML
N
8B. 10:45 A.M. Recess to the Monticello Public Cemetery District special meeting.
SEE MONTICELLO PUBLIC CEMETERY DISTRICT MINUTES
8C. 11:15 A.M. Public Hearing. First and final reading and adoption of an ordinance amending Agreement No. 1464 with the Board of Administration of CalPERS to provide 2.5% of final compensation at age 55 for County Miscellaneous employees pursuant to Government Code Section 21354.4.
PUBLIC HEARING HELD – NO TESTIMONY PRESENTED
TITLE READ
THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE
BW-MR-BD-DD-ML
ADOPTED ORDINANCE BW-MR-BD-DD-ML O-1248
8D. 1:30 P.M. Public Hearing. Consideration and tentative decision regarding an appeal filed by
The Highlands at Silverado Owners Association to a decision by the Conservation, Development and Planning Commission on September 15, 2004 to approve Tentative Parcel Map #04147-PM to divide a 455 acre site into Two parcels consisting of 215 acres (Parcel 1) and 240 acres (Parcel 2). The site is generally located to the east of the Silverado subdivisions, south of Atlas Peak Road, and north of Monticello Road within an Agricultural Watershed (AW) Zoning District. (Assessor’s Parcel Nos. 061-040-004 and 061-180-001(Split for assessment purposes)).
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, air quality, biological resources, geology and soils, hydrology and water quality, and noise. (CONTINUED FROM OCTOBER 26, 2004)
PUBLIC HEARING HELD – TESTIMONY PRESENTED
THE BOARD DECLARED INTENT TO DENY THE APPEAL AND UPHOLD THE PLANNING COMMISSION’S DECISION; ADOPTED THE CONDITIONS OF APPROVAL INCLUDING THE PLANNING COMMISSION’S ADDITIONAL CONDITION OF APPROVAL REGARDING MILLIKEN CREEK AS WELL AS AN ADDITIONAL CONDITION OF APPROVAL REGARDING SCREENING (AS OUTLINED IN THE STAFF REPORT); ADOPTED THE MITIGATION MONITORING PLAN AND APPROVED THE TENTATIVE PARCEL MAP.
BW-MR-BD-DD-ML
Administrative Items
9A. Discussion and direction to staff to initiate a process to develop an Adult Correctional System
Master Plan that will identify and address the County's jail and other adult corrections needs over
the next 20 years.
THE BOARD DIRECTED STAFF TO initiate a process to develop an Adult Correctional System Master Plan.
BD-BW-MR-DD-ML
9B. Discussion and possible action regarding the preparation and submittal of a grant application
to the State Department of Water Resources for pursuit of a ground water study in the Carneros
region in partnership with the Association of Bay Area Governments (ABAG).
(Supervisors Rippey and Wagenknecht)
DISCUSSION HELD – NO ACTION TAKEN
9C. County Executive Officer requests adoption of a resolution authorizing a loan from the Affordable
Housing Fund to the Napa County Health and Human Services Department, in the amount of
$900,000, to assist in the acquisition of a homeless shelter to be located on the Gasser Foundation
property in the City of Napa.
ADOPTED RESOLUTION BW-DD-BD-MR-ML R-04-194
9D. County Executive Officer requests adoption of a resolution authorizing a loan from the Affordable
Housing Fund, in the amount of $1,000,000, to Napa Valley Community Housing, to help fund
the development of approximately 200 units of affordable housing on property acquired in the City of Napa.
ADOPTED RESOLUTION MR-DD-BD-BW-ML R-04-195
9E. County Executive Officer requests the appointment of two members of the Board of Supervisors
to the Ad Hoc Transportation Sales Tax Committee of the Napa County League of Governments
(NCLOG).
THE BOARD APPOINTED CHAIR LUCE AND SUPERVISOR WAGENKNECHT.
BD-DD-MR-BW-ML
10. Legislative Items.
NONE
11. Board of Supervisors' Committee Reports and Announcements.
SUPERVISOR WAGENKNECHT REPORTED THAT HE, SUPERVISOR DILLON AND SEVERAL STAFF ATTENDED THE CALIFORNIA STATE ASSOCIATION OF COUNTIES (CSAC) CONFERENCE HELD NOVEMBER 16 THROUGH 19, 2004. HE STATED THE CONFERENCE WAS VERY INTERESTING AND IT WAS BENEFICIAL TO WORK WITH OTHER COUNTY SUPERVISORS AND SHARE IDEAS. SUPERVISOR WAGENKNECHT SAID HE IS CURRENTLY SHARING SOME OF THE INFORMATION WITH DEPARTMENT STAFF.
SUPERVISOR WAGENKNECHT REPORTED THAT ON NOVEMBER 29, 2004, HE ATTENDED THE BAY AREA WATER FORUM MEETING CHAIRED BY SUPERVISOR RIPPEY. HE STATED SUPERVISOR RIPPEY IS HIGHLY RESPECTED IN STATE MATTERS, SPECIFICALLY IN AREAS PERTAINING TO WATER. SUPERVISOR WAGENKNECHT STATED AT THE MEETING THEY CELEBRATED SUPERVISOR RIPPEY’S SERVICE TO THE ORGANIZATION and made him an emeritus with several projects to WORK on in the future.
SUPERVISOR DILLON REPORTED ON THE CSAC CONFERENCE STATING THERE WERE GOOD SESSIONS ON ELECTIONS AND ELECTRONIC VOTING, CALIFORNIA PERFORMANCE REVIEW (CPR) AND HOUSING ELEMENTS. SHE ALSO SAID THAT NAPA COUNTY RECEIVED A CSAC CHALLENGE AWARD FOR USE OF OUR GEOGRAPHICAL INFORMATION SYSTEM (GIS) TO CREATE A SPECIAL DISTRICT.
SUPERVISOR DODD REPORTED HE ATTENDED A CONFERENCE TITLED, FOCUS ON THE FUTURE, WHOSE PARTICIPANTS ARE CURRENT AND POTENTIAL SELF-HELP SALES TAX COUNTIES. HE STATED THAT NAPA AND SOLANO COUNTIES ARE THE ONLY COUNTIES OF THE NINE BAY AREA COUNTIES THAT ARE NOT SELF-HELP SALES TAX COUNTIES. SUPERVISOR DODD REPORTED THE SEMINARS WERE VERY INFORMATIVE AND INCLUDED TOPICS SUCH AS EXPENDITURE PLANS AND CAMPAIGNS FOR SALES TAX.
12. Board of Supervisors' Future Agenda Items.
SUPERVISOR DODD REQUESTED THAT A SIX MONTH PERFORMANCE EVALUATION FOR COUNTY EXECUTIVE OFFICER NANCY WATT BE AGENDIZED BEFORE THE END OF THE YEAR AND THANKED HER FOR THE SUMMARY OF HER ACCOMPLISHMENTS DURING THE PAST SIX MONTHS.
SUPERVISOR DILLON REQUESTED A DISCUSSION REGARDING THE PROTECTION OF THE FRIESEN LAKES WATERSHED BE HELD SOMETIME IN THE FUTURE AND MENTIONED TIMING SUCH A DISCUSSION WITH BUDGET DISCUSSIONS.
13. County Executive Officer Reports and Announcements.
NANCY WATT, COUNTY EXECUTIVE OFFICER, REPORTED THAT SHE JOINED A SUB-COMMITTEE CONSISTING OF COUNTY ADMINISTRATORS THROUGHOUT CALIFORNIA WHO WILL REVIEW THE CALIFORNIA PERFORMANCE REVIEW AND PROVIDE INPUT TO CSAC.
MS. WATT REPORTED THAT THE CPR IS SPECIFIC TO NAPA COUNTY AS IT RELATES TO SKYLINE PARK AS SKYLINE PARK IS LISTED IN THE CPR REPORT AS A CATEGORY 2 PROPERTY, WHICH MEANS IT IS UNDER REVIEW FOR DETERMINATION AS STATE SURPLUS PROPERTY. SHE STATED THAT AT THIS TIME THE APPROPRIATE PROCESS FOR COMMENTING ON THE CPR REPORT WOULD BE THROUGH THE COUNTY’S LEGISLATIVE SUB-COMMITTEE FOR POTENTIAL INCLUSION ON THE COUNTY’S LEGISLATIVE PLATFORM.
MS. WATT SAID SHE WOULD REPORT TO THE BOARD IN THE FUTURE ON MATTERS OF IMPORTANCE ON CPR AS THEY DEVELOP.
14. 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code Section 54957)
Title: Director of Child Support Services
CLOSED SESSION HELD – NO REPORTABLE ACTION
C. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
(Government Code Section 54957)
CLOSED SESSION NOT HELD
Adjournment.
ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, DECEMBER 7, 2004 AT 9:00 A.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