MINUTES OF THE
MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF NAPA
June 26, 2001
1. Call to Order.
THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, JUNE 26, 2001 AT 9:00 A.M. WITH THE FOLLOWING SUPERVISORS PRESENT: MARK LUCE, MEL VARRELMAN, BILL DODD AND BRAD WAGENKNECHT.
2. Pledge of Allegiance.
ASSISTANT COUNTY ADMINISTRATOR NANCY WATT LED THE SALUTE TO THE FLAG.
3. Public Comment.
4. Department Heads’ Reports and Announcements.
5. Sheriff requests approval of and authorization for Chairman to sign the following agreements for the term July 1, 2001 through June 30, 2002, for Coroner services:
A. Agreement with Richard Pierce Funeral Service for mortuary services and facilities;
B. Amendment No. 5 to Agreement No. 1711 with Louis E. Daugherty, M.D. for autopsy and forensic pathology services; and
C. Agreement with Forensic Medical Group for autopsy and forensic
6. Sheriff requests approval of and authorization for Chairman to sign a Memorandum of Understanding with the cities of Napa, St. Helena and Calistoga for the purchase, installation and operation of a countywide multi-agency mobile data communication system.
7. Auditor-Controller requests acceptance of the Fiscal Year 2001/2002 Proposed Budget for Board-governed Special District, County Service Area No. 3, with a total appropriation of $193,611.
8. Treasurer-Tax Collector requests approval of the application for Discharge of Accountability, filed with the Board of Supervisors, pertaining to certain uncollectable tax bills, totaling $34,545.19. (Copy of list on file with Clerk of the Board)
9. Director of Health and Human Services Agency requests approval of the extension of the following Fiscal Year 2000/2001 Agreements for the term July 1, 2001 through September 30, 2001, with no changes in rate, scope of service or expenditure:
Agreement No. Contractor Name-Subject Amount
1885 Linda Bancke PhD–Court/Mental Health Assessments $ 13,158
2100 ALDEA-CAPIT $ 8,250
2115 COPE-CAPIT $ 12,637
2156 Progress Foundation-Residential $242,449
2556 N.C.C.E.O.-Homeless Services $ 48,148
2939 Richard Geisler PhD–Conservatorships/Child Evals. $ 4,695
2596 ALDEA-Child Welfare Bilingual Family $ 11,560
2976 N.E.W.S.-Domestic Violence 1,875
3260 Crestwood Behavioral Health -IMD n/a
3353 Napa Valley College-ILP $ 19,142
3534 Mental Health Consumer Concerns -Patients Rights $ 17,938
3569 Buckelew Programs-Avenue $ 63,024
3608A Therapy Link for Children-CCS $ 30,544
3647 Matrix-System of Care $ 25,000
3784 ARC-Solano-Day Treatment $ 11,328
3851 Family Services of the North Bay-Satellite Housing $ 26,250
3960 Solano Diversified Services-Day Treatment $ 4,332
4015 Buckelew Programs-Board and Care Liaison $ 11,402
4065 Buckelew Programs-Supportive Living $ 22,934
4135 California Specialty Hospital-Managed Care n/a
4141 St. Helena Hospital-Uninsured Care $ 10,500
4142 California Specialty Hospital-Uninsured Care $ 5,000
4177 COPE-Gang $ 6,500
4277 Telecare Corporation-Managed Care n/a
4402 Davis Guest Home-Board and Care n/a
4423 Edgewood Center for Children-Residential Day Treatment n/a
4464 Telecare Corporation-Uninsured Care $ 2,000
10. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 3579 with the California Department of Drug and Alcohol Programs reducing the allocation by $122,181 for a new maximum of $1,615,140.
11. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 3579 with the California Department of Drug and Alcohol Programs for the term July 1, 2001 through June 30, 2005, establishing a new total allocation of $4,481,724.
12. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 3315 with the California Department of Mental Health for a maximum of $514,006 for the term July 1, 2000 through June 30, 2001 for mental health beds at Napa State Hospital.
13. Director of Conservation, Development and Planning requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4303-01 with David Early dba Design, Community and Environment (DCE), extending the term through June 30, 2002 for continued services related to the update of the Housing Element of the Napa County General Plan.
14. Director of Conservation, Development and Planning requests adoption of a resolution modifying Resolution No. 01-61 creating the Napa River Watershed Task Force Oversight Committee to clarify the appointment of the Technical Advisory Committee members on the Committee.
15. Director of Conservation, Development and Planning requests approval of and authorization for Chairman to sign agreement with David Hubbell for a maximum of $9,075 for the term June 26, 2001 through August 31, 2001 to continue to assist with preparation of Carneros Lodge Draft Environmental Impact Report.
16. Director of Public Works requests award of the contract for the "Tree Maintenance on Various Napa County Roads Project," RDS 00-19, to TruGreen LandCare, LLC, of Windsor, California, for their low bid of $43,700 and authorization for Chairman to sign the contract. A-4499
17. Director of Public Works requests approval of and authorization for the Chairman to sign the following:
A. Amendment No. 4 to Agreement No. 3399 with Norman and Else Madsen 1992 Revocable Trust, for lease space at 1710 Soscol, Suite 5, for Family Court Services, on a month-to-month basis at a new monthly cost of $2,610;
B. Amendment No. 2 to Agreement No. 4098 with Robert Louis Stevenson Plaza Association, for lease space located at 1700 Second Street, Suite 378, for Regional Training Employment, extending the term through June 30, 2003 at a new monthly cost of $1,690; and
C. Amendment No. 1 to Agreement No. 4395 with BD Morgan Investigations Group, for security services for various County buildings, for the term July 1, 2001 through June 30, 2003 at a weekly cost of $1,472.
18. Registrar of Voters requests approval of and authorization for Chairman to sign a new agreement with Sequoia Voting Systems Inc. in the amount of $60,000 for software enhancement to the existing election management and ballot counting system to permit an early voting pilot project for March and November 2002.
19. Personnel Director requests approval to revise the class specification for Library Circulation Supervisor. (Details on file with Clerk of the Board)
20. County Administrator requests approval of and authorization for Chairman to sign an agreement with the Napa County Local Agency Formation Commission (LAFCO) for the term July 1, 2001 through June 30, 2002 for support services to be provided by the County.
21. County Administrator requests adoption of a resolution waiving the right to a protest hearing under the Cortese-Knox-Hertzberg Local Government Reorganization Act for certain property annexations to the Napa Sanitation District.
22. County Administrator/Purchasing Agent requests authorization to declare certain items as surplus, remove them from inventory and dispose of them at public auction. (Complete list on file with the Clerk of the Board)
23. County Administrator and Personnel Director request the following actions, effective June 30, 2001:
A. Amend the Departmental Allocation List for the Library to add one (1)
(M) Acting Library Director;
B. Amend the Table and Index adding Acting Library Director; and
C. Appointment of Janet McCoy to the position of Acting Library Director
(Details on file with the Clerk of the Board).
24. County Administrator requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4136 with Napa Superior Court allowing for automatic extension of the Memorandum of Understanding related to County services provided to the Court.
25. Discussion of items removed from the Consent Calendar.
APPROVED CONSENT CALENDAR NUMBERS 5 THROUGH 24.
26. 9:00 a.m. - Public Hearing - Director of Health and Human Services Agency requests adoption of resolution establishing fees for drug treatment and related services as authorized by the Substance Abuse and Crime Prevention Act of 2000 (Proposition 36), Chapter 2.5 of Title 9 of the California Code of Regulations, and Chapter 12.5 of Part 1 of Division 2 of Title 5 of the California Government Code.
PUBLIC HEARING HELD
ADOPTED RESOLUTION V-L-D-BW-R R-01-74
27. 9:05 a.m. - Presentation by the Auditor-Controller requesting adoption of a resolution establishing the final appropriation and revenue levels and cancellations and provisions for reserves and designations for the Fiscal Year 2001/2002 Final Budget for the County of Napa.
APPROVED THE “BOTTOM LINE” APPROPRIATION LEVELS AND REVENUES FOR EACH BUDGET UNIT AND INTERNAL SERVICE/ENTERPRISE FUNDS AS RECORDED ON ATTACHMENT A, AS LISTED IN THE MEMORANDUM FROM PAMELA A. KINDIG, AUDITOR-CONTROLLER DATED JUNE 26, 2001 AND AUTHORIZED THE AUDITOR-CONTROLLER TO ENTER SUCH CHANGES INTO THE FINAL BUDGET.
28. 9:10 a.m.- Presentation of a Proclamation declaring June 26, 2001 as The Napa Access Supervised Visitation/Monitored Exchange Program Day.
29. 9:15 a.m. - Director of Conservation, Development and Planning and Housing Planner to:
A. Present draft of the Napa County Housing Element Update;
B. Request acceptance of said Update; and
C. Request said Update be referred to the Conservation, Development and Planning Commission for required Public Review and Hearings.
APPROVED REQUESTS AND AUTHORIZED THE CHAIRMAN TO FORWARD LETTERS TO COMMITTEE MEMBERS ACKNOWLEDGING THE WORK COMPLETED BY THE NAPA COUNTY HOUSING COMMITTEE AND EXTENDING INVITATIONS TO ATTEND PUBLIC HEARINGS.
30. 9:30 a.m. - Public Hearing - Board to consider appeal filed by Paul Carey, Attorney on behalf of Delores Cakebread and Van and Carolyn U. Moller to a decision by the Conservation, Development and Planning Commission on January 17, 2001 to approve Staglin Family Partners Use Permit Modification Request No. 99546 to modify an approved and partially constructed winery including: (1) an increase in cave size from 20,688 square feet to approximately 22,756 square feet, (2) addition of a third cave portal, (3) elimination of the approved exterior office building with the relocation of said office space to the cave, (4) replacement of the approved exterior concrete work pad with a gravel staging area with use limited to receipt of grapes, (5) addition of a mobile bottling use, and (6) addition of red grape crushing on a proposed (via lot line adjustment) 11.8 acre parcel, located between Bella Oaks Lane and Manley Lane approximately 5,000 feet southwest of State Highway 29 within an Agricultural Preserve (AP) Zoning District. (Assessor's Parcel Nos. 027-250-038 and 027-250-039). Environmental Determination: Categorically Exempt. (Continued from April 24, 2001)
PUBLIC HEARING HELD
THE BOARD ADDED THE FOLLOWING THREE (3) CONDITIONS OF APPROVAL:
23. AT SUCH TIME THAT THE STAGLINS APPLY TO THE NAPA COUNTY PLANNING COMMISSION (“COMMISSION”) FOR PERMISSION TO EITHER OR BOTH: (A) CRUSH, PRESS OR CONDUCT PRIMARY FERMENTATION OF RED GRAPES AT THEIR BELLA OAKS PROPERTY, AND/OR (B) BOTTLE ANY WINE AT THEIR BELLA OAKS PROPERTY, THE COMMISSION SHALL HEAR AND DECIDE THE MATTER DE NOVO. IN ANY SUCH PROCEEDING, THE STAGLINS SHALL HAVE THE BURDEN OF PROOF, AND NEITHER PARTY WAIVES THEIR RIGHT TO APPEAL THE DECISION OF THE COMMISSION TO THE BOARD OR ANY OTHER BODY WITH JURISDICTION. NOTHING IN THIS PARAGRAPH SHALL ALTER THE PARTIES’ RESPECTIVE BURDENS OF PROOF UNDER THE PRVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”).
24. ANY SUCH APPLICATION BY THE STAGLINS SHALL BE
ACCOMPANIED BY THE APPROPRIATE FEE AND THE COUNTY SHALL PREPARE A NEW “INITIAL STUDY” UNDER CEQA FOR DETERMINATION OF THE APPROPRIATE ENVIRONMENTAL DOCUMENT.
25. ADDITIONAL MEASURES SHALL BE UNDERTAKEN TO REDUCE NOISE LEVELS PRODUCED AT THE WINERY. TO THAT END, THE STAGLINS SHALL USE THEIR BEST EFFORTS TO REDUCE THE LEVCELS OF SOUND PRODUCED FROM THE OPERATION OF MECHANICAL EQUIPMENT LOCATED OUTSIDE THE FAÇADE AT THEIR WINERY AS WELL AS VENTILATION FANS AND VENTS ASSOCIATED WITH VENTILATING THE WINERY CAVES. THEREFORE, THE IMPROVEMENTS TO BE CONSTRUCTED BY THE STAGLINS AT THEIR BELLA OAKS WINERY SHALL FURTHER INCLUDE CONSTRUCTION OF AN INSULATED ENCLOSURE (ABOVE AND ON ALL SIDES) OF THE MECHANICAL AND REFRIGERATION EQUIPMENT LOCATED OUTSIDE THE CAVE FAÇADE ADJACENT TO THE BERM. FURTHER, THE STAGLINS SHALL INSTALL AND MAINTAIN ALL FEASIBLE MARINE INSULATION OF ALL MOTORS, FANS, AND SIMILAR NOISE PRODUCING ELEMENTS OF THIS MECHANICAL EQUIPMENT (THE PARTIES ACKNOWLEDGE THAT THE COOLING TOWER CANNOT BE ENCLOSED, NOR SHALL THE TRASH, ELECTRICAL TRANSFORMER, AND POMACE AREAS NEED TO BE COVERED BY A ROOF STRUCTURE). FURTHER,
25. THE STAGLINS SHALL ENSURE THAT ALL VENTILATION FANS ARE INSTALLED IN AN SHALL ENSURE THAT ALL VENTILATION FANS ARE INSTALLED IN AN INSULATED ENCLOSURE AND SURROUNDED BY MARINE INSUJLATION WHEREVER FEASIBLE, AND THE STAGLINS ALSO SHALL INSTALL NOISE-REDUCING BAFFLES ON ALL VENTS WHICH PROVIDE VENTILATION FOR THE CAVE IMPROVEMENTS. SUBJECT TO A DETERMINATION BY THE DIRECTOR OF THE BUILDING DIVISION OF THE CONSERVATION, DEVELOPMENT & PLANNING DEPARTMENT THAT THE APPLICATIONS FOR PERMITS COMPLY WITH THE UNIFORM BUILDING CODES, ALL OF THE FOREGOING SITE MODIFICATIONS WILL BE APPROVED BY THE COUNTY, BUT CONSTRUCTION OF SUCH ITEMS MAY BE COMMENCED IMMEDIATELY AFTER RECEIPT OF APPROVALS FROM THE PLANNING AND BUILDING DEPARTMENTS. THE GOAL (BUT NOT ABSOLUTE REQUIREMENT) OF THE FOREGOING MEASURES IS TO COME AS CLOSE AS IS REASONABLY PRACTICABLE TO MITIGATE AND MINIMIZE THE SOUND IMPACT OF THE WINERY’S MECHANICAL, REFRIGERATION, COOLING, VENTILATION AND AIR CONDITIONING EQUIPMENT ON THE NEIGHBORS’ PROPERTIES SO THAT IT IS NO GREATER THAN THE SOUND IMPACT ON THE WINERY OF THE NEIGHBORS’ COOLING, VENTILATION AND AIR CONDITIONING EQUIPMENT AS MEASURED AT A DISTANCE ONE-HALF WAY BETWEEN THE PARTIES RESPECTIVE COOLING, VENTILATION AND AIR CONDITIONING SYSTEMS.
THE BOARD ACCEPTED WITHDRAWL OF APPEAL.
31. 9:45 a.m. - Public Hearing - Second Reading and adoption of an Ordinance adding a new Section 18.124.091 to the Napa County Code to authorize the automatic extension of the period within which a use permit must be used in the event litigation ensues regarding the validity of General Plan, Specific Plan or Zoning regulations upon which the approval of the Use Permit was based.
Environmental Determination: Exempt from CEQA, General Rule (County Guidelines Section 404)
PUBLIC HEARING HELD
ADOPTED ORDINANCE V-D-L-BW-R O-1183
32. 9:45 a.m. - Public Hearings - Board to Consider:
Napa Sanitation District – General Plan Amendment Request No. GPA 95-06. Board to consider adoption of resolution to approve General Plan Amendment on 306 acres of property owned by the Napa Sanitation District, to change the land use map in the County General Plan from Public Institutional to Agriculture Watershed and Open Space. The land use map change will allow a golf course as a use with an approved use permit for same. The golf course is not an allowable use in the current Public Institutional land use designation. The site is located west of Devlin Road, south of Soscol Ferry Road, north of Sheehy Creek, and east of the California Northern railroad tracks within the Agricultural Watershed:Airport Compatibility Combination (AW:AC) Zoning District. (Assessor’s Parcel Nos. 046-400-015; 046-400-016; 057-010-036 and 057-010-037). Environmental Determination: Environmental Impact Report Certified.
Three (3) appeals filed as to the decision of the Conservation, Development and Planning Commission on April 18, 2001 to approve HCV Napa Associates LLC - Use Permit Request No. 98177-UP - Development plan to construct a resort, golf course, and convention center on a 405-acre site located within and adjacent to the Napa Airport Industrial Area Specific Plan business park. The resort consists of 458 guest rooms and 36 guest villas, for a total of 494 guest rooms and suites; two restaurants, a bar, a wine shop, and a deli, for a combined seating capacity of 450; a total of 120,580 square feet of conference space with 52,380 square feet in Phase One and 68,200 square feet in Phase Two (including a freestanding 45,500 square foot conference building) a 9,528 square foot spa facility; and two pools. Total building area would be approximately 564,513 square feet. The proposed golf course is an 18-hole championship course, with pro shop, driving range, parking, and access roads, located on land owned by the Napa Sanitation District, and would utilize treated effluent from the District for irrigation purposes. The project also includes bicycle/pedestrian paths, 40 acres of landscaping, 61 acres of vineyards, and a total of 771 parking spaces in Phases One and Two. The use permit also includes a request to allow various architectural features to exceed the 35-foot height limit set forth in Section 18.80.050.E of the Airport Compatibility Zoning District. The project site is located west
of Devlin Road, south of Soscol Ferry Road, north of Sheehy Creek, and east of the California Northern railroad tracks within the Industrial Park: Airport Compatibility Combination (IP:AC) and Agricultural Watershed: Airport Compatibility Combination (AW:AC) Zoning Districts. (Assessor’s Parcel Nos. 046-400-015, 046-400-016, 057-010-036 and 057-010-037; 057-020-006, 057-020-017, 057-020-018, 057-020-020 and 057-020-025; 057-170-001 and 057-170-010; 057-210-002). Environmental Determination: Environmental Impact Report Certified.
The appeals were filed by:
A. Napa Sierra Club
B. Napa County Farm Bureau
C. HCV Napa Associates LLC
PUBLIC HEARINGS OPENED – TESTIMONY PRESENTED
PUBLIC HEARINGS CONTINUED TO JULY 31, 2001 AT 9:30 A.M.
33. 10:00 a.m.- Special Meetings - The Board of Supervisors sitting as the following:
A. Board of Directors of the Napa-Berryessa Resort Improvement District.
(SEE NAPA-BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)
B. Board of Directors of the Lake Berryessa Resort Improvement District.
(SEE LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)
C. Board of Trustees of the Monticello Public Cemetery District.
(SEE MONTICELLO PUBLIC CEMETERY DISTRICT MINUTES)
34. 10:00 a.m. - The Board of Supervisors meeting as the Board of Directors of the Silverado Community Services District.
(SEE SILVERADO COMMUNITY SERVICES DISTRICT MINUTES)
35. 2:00 p.m. - Recess to the Special Meeting of the Napa County Flood Protection and Watershed Improvement Authority (NCFPWIA).
(SEE NAPA COUNTY FLOOD PROTECTION AND WATERSHED IMPROVEMENT AUTHORITY MINUTES)
36. Director of Conservation, Development and Planning to update the Board on the status of the Erosion Control Plan (ECP) Initial Study Program.
CONTINUED TO JULY 10, 2001 V-L-D-BW-R
37. Director of Public Works requests consideration of and possible action on the Napa County Transportation Planning Agency's request to separate the Agency from the Public Works Department.
CONTINUED TO JULY 10, 2001 V-L-D-BW-R
38. County Administrator requests authorization to convene a committee to review proposals submitted for the use of Tobacco Settlement Funds and to return to the Board of Supervisors in September 2001 with recommendations.
APPROVED REQUEST, AS OUTLINED, IN THE STAFF REPORT DATED
JUNE 26, 2001. V-BW-L-D-R
39. Discussion and possible action including, but not limited to, the following legislation:
AB 56 (Hertzberg): Voting Modernization Bond Act
THE BOARD WENT ON RECORD IN SUPPORT OF AB 56.
40. Board of Supervisors’ Committee Reports and Announcements.
41. Board of Supervisors’ Future Agenda Items.
42. Closed Session regarding:
A. Conference with Labor Negotiator (Government Code Section 54957.6)
Agency Negotiator: Bruce Heid
Employee Organization: Napa Association of Public Employees
B. Conference with Legal Counsel - existing litigation (Government Code Section 54956.9 (a))
Name of Case: County of Napa/Deputy Sheriff's Association (CSMCS Case No. ARB-00-0423, NB 2000)
C. Conference with Legal Counsel - Anticipated Litigation
Significant exposure to litigation pursuant to Government Code Section 54956.9(b): (One case)
D. Public Employee Performance Evaluation (Government Code
Title: Director of Environmental Management
CLOSED SESSION HELD – NO REPORT
ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, JULY 10, 2001 AT 9:00 A.M.
MARY JEAN MCLAUGHLIN
Clerk of the Board of Supervisors
Supervising Clerk of the Board
Vote: L = Mark Luce; R = Mike Rippey; V = Mel Varrelman; D= Bill Dodd;
BW = Brad Wagenknecht
Notations under Vote: N = No; X = Excused; A = Abstain