MINUTES OF THE
MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF NAPA
December 7, 2004
1. Call to Order; Roll Call.
THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION ON TUESDAY, DECEMBER 7, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRPERSON MARK LUCE, SUPERVISORS BILL DODD, MIKE RIPPEY, BRAD WAGENKNECHT AND DIANE DILLON. SUPERVISOR RIPPEY WAS EXCUSED FOR ITEMS 8E, 8F AND 8G. THE MEETING WAS CALLED TO ORDER BY CHAIR LUCE AT 9:04 A.M.
A MOMENT OF SILENCE WAS OBSERVED IN HONOR OF LANCE CORPORAL PHILLIP WEST WHO LOST HIS LIFE IN SERVICE TO HIS COUNTRY IN IRAQ.
2. Pledge of Allegiance.
CHAIR MARK LUCE LED THE SALUTE TO THE FLAG.
Presentations and Commendations
3A. Presentation of Retirement Resolution No. 04-188 to Will Selleck, Supervising Planner, in
recognition of over 27 years of service.
PRESENTATION MADE R-04-188
3B. Presentation of Retirement Resolution No. 04-189 to Joanne Sorenson, Public Health Nurse,
in recognition of over 21 years of service. R-04-189
4. Public Comment.
GEORGE BACHICH, NAPA VALLEY LAND STEWARDS ALLIANCE, SPOKE REGARDING THE PROCESS USED BY THE COUNTY FOR APPROVING ORDINANCES AND RESOLUTIONS. HE STATED THE LAND STEWARDS ALLIANCE BOARD INTENDS TO CIRCULATE PETITIONS FOR A BALLOT INITIATIVE TO HAVE THE BOARD MEMBERS BY LAW READ THEIR WEEKLY AGENDA PACKETS IN THEIR ENTIRETY.
5. Department Directors' Reports and Announcements.
BEN WILSON, DIRECTOR OF INFORMATION TECHNOLOGY SERVICES, AND
PAT KOWTA, SENIOR INFORMATION SYSTEMS SPECIALIST, ANNOUNCED THAT NAPA COUNTY RECEIVED A CALIFORNIA STATE ASSOCIATION OF COUNTIES (CSAC) CHALLENGE AWARD FOR THE CREATION OF A SPECIAL DISTRICT THROUGH THE USE OF GLOBAL INFORMATION SYSTEMS (GIS) AND PRESENTED THE AWARD TO THE BOARD.
6A. Acting Director of Health and Human Services requests approval of and authorization for the
Chair to sign the renewal of Agreement No. 3741 with Queen of the Valley Hospital of Napa, California, for a maximum of $70,000 for the term July 1, 2004 through June 30, 2005 to provide
indigent medical services. A-3741
6B. Acting Director of Health and Human Services requests approval of and authorization for the
Chair to sign Amendment No. 1 to Agreement No. 6232 with Sunny Hills Children's Garden
incorporating agency-wide changes to the General Terms and Conditions and revising the Scope
of Work and the rate structure for payment for Fiscal Year 2004-2005. A-6232
6C. Acting Director of Health and Human Services requests approval of and authorization for the
Chair to sign Amendment No. 2 to Agreement No. 6245 with Mark Duerr, dba Duerr Evaluation
Resources, modifying the budget for program evaluation services for the Safe and Drug Free
Schools and Communities grant. A-6245
6D. Acting Director of Conservation, Development and Planning requests approval of and
authorization for the Chair to terminate Agreement No. 6228 with Raney Planning and
Management and sign an agreement with Environmental Science Associates (ESA) for $159,985
for the term December 7, 2004 through June 30, 2005 to prepare a California Environmental
Quality Act (CEQA) document for Artesa Vineyards and Winery (Codorniu Napa Inc.),
#01226-ECPA. (Assessor's Parcel No. 032-540-018) A-6228
6E. Director of Public Works requests award of the contract for the “Hall of Justice Planning Remodel Project,” PW 04-19, to Murray Building of Sonoma, California, for their low base bid of $33,905, and authorization for the Chair to sign the construction contract.
6F. Director of Public Works requests approval of and authorization for the Chair to sign Amendment
No. 2 to Lease Agreement No. 1905 with Progress Foundation for County owned space located at
720-730 Randolph Street reimbursing the County $50,160 annually and extending the term
through June 30, 2005. A-1905
6G. Director of Public Works requests approval of and authorization for the Chair to sign Amendment No. 4 to Agreement No. 4395 with RedPhantom Enterprises, Inc., successor in interest of
BD Morgan Investigations Group extending the term through June 30, 2005 to provide security
services for property owned and/or occupied by Napa County. A-4395
6H. Human Resources Director requests approval of and authorization for the Chair to sign
Amendment No. 4 to Agreement No. 4527 with Job Care Medical Services Program of
St. Helena Hospital and Health Center amending the service and fee schedule to include respiratory protection exams, respiratory questionnaire reviews, and respiratory mask fit tests.
6I. Human Resources Director requests approval of and authorization for the Chair to sign
Amendment No. 1 to Agreement No. 6364 with Managed Health Network amending the definitions to redefine eligible participants and amending the Scope of Work to increase the
number of counseling sessions available per eligible participant for the County's Employee Assistance Program (EAP), effective September 1, 2004. A-6364
6J. Human Resources Director requests adoption of a resolution regarding a conversion of a service
retirement to an industrial disability retirement with Public Employee's Retirement System (PERS)
retroactively effective to January 29, 2000.
ITEM REMOVED FROM AGENDA.
6K. Human Resources Director requests adoption of a resolution regarding the following in connection
with the Coroner's Division of the Sheriff's Department, effective December 7, 2004:
1. Amend the Departmental Allocation List to add one (1) Coroner Forensic Technician; and
2. Amend the Table and Index to add Coroner Forensic Technician.
6L. County Executive Officer requests approval of and authorization for the Chair to sign an
agreement with the County of Sonoma, Human Services Department for a maximum of $210,774
for the term October 1, 2004 through June 30, 2005 to implement Projects INCLUSION Year 4,
CHOICE, COMPASS and TIME for people with disabilities seeking employment.
6M. County Executive Officer requests the reappointment of Frank Cabral to serve as the Napa County
representative on the Napa County Mosquito Abatement District Board of Trustees with the new term of office to begin January 1, 2005 and expire December 31, 2008.
6N. County Executive Officer requests the appointment of Helmuth "Karl" Nittka representing the
Yountville community to serve on the Community Emergency Response Team Training Advisory
Committee (CERT TAC) with the term of office to commence immediately and expire
June 30, 2006.
7. Discussion of items removed from the Consent Calendar.
APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6N, AS NOTATED ABOVE.
Set Matters or Public Hearings
8A. 9:15 A.M. Public Hearing. County Executive Officer requests authorization for the Chair to sign a Letter of Public Convenience or Necessity allowing the issuance of a new Type 20 Retail
Off-Sale Alcoholic Beverage License at 6380 Silverado Trail, Napa, California.
PUBLIC HEARING HELD – NO TESTIMONY PRESENTED
APPROVED REQUEST BW-DD-BD-MR-ML
8B. 9:25 A.M. Public Hearing. Acting Director of Conservation, Development and Planning requests adoption of five resolutions relating to Williamson Act Agricultural Preserve contracts:
PUBLIC HEARING HELD – NO TESTIMONY PRESENTED
1. One resolution approving four new contracts for 2004 with the following applicants:
i. Douglas Pierce, in the general location of Butts Canyon Road;
ii. Clarence and Carol Kent, in the general location of Curry Lane;
iii. Leonardini Family Vineyards, in the general location of Silverado Trail and
Deer Park Road; and
iv. Petrus and Hortense Bekker, in the general location of Spring Mountain Road.
ADOPTED RESOLUTION BD-DD-MR-BW-ML R-04-201
2. Three resolutions rescinding three existing contracts and replacing the same with six new contracts:
i. One with Brian and Claudia Fleury and two with Beckstoffer Vineyards, all in the general location of Galleron Lane;
ii. Richard and Helene Poe, in the general location of Partrick Road; and
iii. One with Marjorie Brown and another with Garrett and Beverly Brown, both in the general location of Atlas Peak Road.
ADOPTED RESOLUTION BD-DD-MR-BW-ML R-04-202
3. One resolution amending six existing contracts with one associated new contract.
i. Volker and Liesel Eisele, in the general location of Lower Chiles Valley Road;
ii. Clark Holden, Kenneth Clark and Ruth Moale, in the general location of
Wooden Valley Road;
iii. Two with Stag's Leap Wine Cellars, both in the general location of
iv. Bouchaine Vineyards, in the general location of Buchli Station Road;
v. Carneros Pacific, LLC, also in the general location of Buchli Station Road; and
8B. 3. Continued
vi. Jay Heminway, new contract, in the general location of Lower Chiles
ADOPTED RESOLUTION BD-DD-MR-BW-ML R-04-205
8C. 9:30 A.M. Public Hearing. Acting Director of Conservation, Development and Planning recommends:
1. Consideration and possible adoption of a resolution rescinding Resolution No. 86-53 (which adopted the 1986 County California Environmental Quality Act (CEQA) Guidelines) and Adopting Local Procedures for Implementing the California Environmental Quality Act.
ENVIRONMENTAL DETERMINATION: Categorical Exemption Class 8: It has been
determined that this type of project does not have a significant effect on the environment and is
exempt from the California Environmental Quality Act [See Class 8 (“Actions by Regulatory
Agencies for Protection of the Environment”) which may be found in the Guidelines for the implementation of the California Environmental Quality Act at 14 CCR 15308.]
PUBLIC HEARING HELD – TESTIMONY PRESENTED
ADOPTED RESOLUTION AND APPROVED AMENDMENTS TO THE LOCAL PROCEDURES. MR-BW-BD-DD-ML R-04-206
2. Second reading and adoption of an ordinance amending Chapter 2.88 adding a new Section 2.88.050 (I) regarding environmental statements in connection with appeals.
ENVIRONMENTAL DETERMINATION: General Rule. It can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment and
therefore CEQA is not applicable [See Guidelines For the Implementation of the California Environmental Quality Act, 14 CCR 15061(b)(3)].
(CONTINUED FROM SEPTEMBER 14, OCTOBER 5, AND OCTOBER 26, 2004)
ADOPTED ORDINANCE BW-MR-BD-DD-ML O-1249
8D. 10:00 A.M. Workforce Investment Board (WIB) to present annual report of accomplishments of the Workforce Investment and Job Connection.
8E. 10:15 A.M. County Counsel requests the Board consider and adopt a resolution of Decision on Appeal and Findings of Fact denying the appeal filed by The Highlands at Silverado Owners
Association regarding the decision by the Conservation, Development and Planning Commission
on September 15, 2004 to approve Tentative Parcel Map No. 04147-PM for the Silverado Napa
Corporation to divide a 455-acre site into two parcels consisting of 215 acres and 240 acres within an Agricultural Watershed (AW) Zoning District. (Assessor’s Parcel Nos. 061-040-004 and
061-180-001, split for assessment purposes) 1600 Atlas Peak Road.
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.
ADOPTED RESOLUTION DD-BW-BD-MR-ML R-04-207
8F. 10:30 A.M. Acceptance of report from the Napa County Parks and Open Space Advisory Committee (NCPOAC) for consideration and possible action regarding the following:
1. Distribution of $293,312 in Proposition 40 funds for projects as recommended by the
2. Approval of feasibility study to be conducted by Trust for Public Land (TPL) for a fiscal analysis of parks and open space;
3. Expansion of the Committee's mandate and extension of term to end of 2006; and
4. Recommendation to create a full-time professional-level position, with appropriate
administrative support, dedicated to working on parks and open space issues.
REPOT ACCEPTED AND APPROVED REQUESTS WITH AMENDMENT TO FUNDING DISTRIBUTION AND REFERRAL OF PROPOSED STAFF POSITION REQUEST TO THE COUNTY EXECUTIVE OFFICE FOR REVIEW.
8G. 11:00 A.M. Public Hearing. Consideration and possible adoption of a resolution revising fees for certain Library services.
PUBLIC HEARING HELD – NO TESTIMONY PRESENTED
ADOPTED RESOLUTION BD-DD-MR-BW-ML R-04-208
8H. 1:30 P.M. Recess to the Napa County Flood Control and Water Conservation District meeting.
(SEE NAPA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT MINUTES)
9A. County Executive Officer to present the Task Force's final report on their review of the operations
of the Office of the Registrar of Voters.
THE BOARD DIRECTED THE COUNTY EXECUTIVE OFFICER TO TRANSITION THE EXISTING TASK FORCE TO AN IMPLEMENTATION TEAM WHO WILL MONITOR THE IMPLEMENTATION OF THE FINDINGS CONTAINED IN THE REPORT.
9B. County Executive Officer requests approval of and authorization for the Chair to sign a Parking
Garage Cooperative Agreement with the City of Napa.
APPROVED REQUEST BD-DD-MR-BW-ML A-6372
9C. County Executive Officer requests the appointment/reappointment of one of the following
applicants to serve as the Board of Supervisors representative on the Golden Gate Bridge, Highway and Transportation District with the term to expire January 1, 2007:
Michael J. Baldini
Hans W. Korve
Barbara Lightner Pahre*
J. Paul Silvestri, Jr.
THE BOARD REAPPOINTED BARBARA LIGHTNER PAHRE.
10. Legislative Items.
11. Board of Supervisors' Committee Reports and Announcements.
SUPERVISOR WAGENKNECHT REPORTED THAT HE, SUPERVISOR RIPPEY AND COUNTY STAFF ATTENDED A MEETING ON DECEMBER 6, 2004 IN SOLANO COUNTY ON TRIBAL MATTERS. HE STATED THE FOUR COUNTIES INVOLVED IN THE COOPERATIVE AGREEMENT, YOLO, SONOMA, SOLANO AND NAPA, ARE ALMOST FINISHED CREATING THE AGREEMENT, AND FELT IT MIGHT BE DONE AND READY TO BE AGENDIZED BY THE END OF JANUARY 2005.
SUPERVISOR WAGENKNECHT REPORTED THAT ON DECEMBER 1, 2004, HE ATTENDED AN AIR BOARD RETREAT AND STATED IN THE NEAR FUTURE HE WILL SPEAK TO THE BOARD ABOUT A POTENTIAL WOOD SMOKE ORDINANCE FOR NAPA COUNTY.
CHAIR LUCE PROVIDED SUPERVISOR RIPPEY AN UPDATE ON AGENDA ITEM 8F FROM TODAY’S AGENDA.
12. Board of Supervisors' Future Agenda Items.
SUPERVISOR DODD REQUESTED A DISCUSSION BE AGENDIZED REGARDING FEES FOR CHARITABLE OR NON-PROFIT EVENTS.
SUPERVISOR DODD STATED HE WAS CONTACTED BY SENATOR CHESBRO’S OFFICE AND STATED SENATOR CHESBRO IS PROPOSING EMERGENCY LEGISLATION TO MEMORIALIZE A PORTION OF HIGHWAY 29 AS THE
ROBERT MONDAVI HIGHWAY. SUPERVISOR DODD REQUESTED THIS BE AGENDIZED FOR DECEMBER 14, 2004.
SUPERVISOR DILLON REQUESTED THE HAZMAT MATERIALS BUSINESS
PLAN FEES BE AGENDIZED FOR DISCUSSION SOMETIME IN JANUARY OR FEBRUARY 2005.
13. County Executive Officer Reports and Announcements.
NANCY WATT, COUNTY EXECUTIVE OFFICER, REPORTED THAT ON DECEMBER 6, 2004, STAFF MET WITH REPRESENTATIVES FROM STANDARD AND POORS RATING AGENCY REGARDING THE ST. HELENA FLOOD PROJECT MEASURE A FUNDS. MS. WATT STATED THE AGENCY ACKNOWLEDGED HOW WELL THE FLOOD PROTECTION AND WATERSHED IMPROVEMENT AUTHORITY BOARD STRUCTURED THE DEAL TO ENSURE THE BONDS WOULD RECEIVE AS HIGH A CREDIT RATING AS POSSIBLE.
MS. WATT UPDATED THE BOARD ON THE POSSIBILITY OF REFINANCING THE 1996 CERTIFICATES OF PARTICIPATION (COPS). SHE STATED THE CALL PROVISION IS THIS MONTH AND AS A RESULT, THE COUNTY IS RESEARCHING THE POSSIBILITY OF REALIZING NET SAVINGS IF THE COPS WERE REFINANCED. MS. WATT STATED IT APPEARED TO BE A $13.6 MILLION REFUND AND APPROXIMATELY $750,000 OVER THE LIFE OF THE COP PAYOFF.
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 – ONE CASE ONLY – NO REPORTABLE ACTION
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957)
Title: County Executive Officer
CLOSED SESSION HELD – NO REPORTABLE ACTION
ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,
DECEMBER 14, 2004 AT 9:00 A.M.
MARK LUCE, Chairperson
PAMELA MILLER, Clerk of the Board
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