AGENDA

 

   NAPA COUNTY BOARD OF SUPERVISORS

 

TUESDAY                    SEPTEMBER 26, 2000                 9:00 A.M.

 

 

 

Brad Wagenknecht

District 1

Mark  Luce

District 2

Mel Varrelman

District 3

Kathryn Winter

District 4

Mike Rippey

District 5

 

 

Jay Hull

County Administrator

Mary Jean McLaughlin

Clerk of the Board

Robert Westmeyer

County Counsel

 

 

 

 

 

 

 

 

GENERAL INFORMATION

 

The Board of Supervisors meets each Tuesday at 9:00 A.M. at 1195 Third Street, Room 305, Napa, California 94559.  If you require an assistive listening device, interpreter or any other special arrangement please provide the Clerk of the Board with 24-hour notice by calling 253-4580 (253-6088TDD).

 

The agenda is divided into three sections:

 

CONSENT CALENDAR - These matters include routine financial and administrative actions, as well as the final adoption of ordinances and are approved by a single majority vote.

 

SET MATTERS - These items are noticed hearings, work sessions and public hearings.

 

REGULAR CALENDAR - These items include significant policy and administrative actions and are classified by program areas.  Immediately after approval of the CONSENT CALENDAR, if the time for hearing SET MATTERS has not arrived, the REGULAR CALENDAR will be considered.

 

ANY MEMBER OF THE AUDIENCE DESIRING TO ADDRESS THE BOARD ON A MATTER ON THE AGENDA please proceed to the rostrum and, after receiving recognition from the Chair, give your name, address, and your comments or questions.  In order that all interested parties have an opportunity to speak, please be brief and limit your comments to the specific subject under discussion.  Time limitations shall be at the discretion of the Chair or Board.

 

 

AGENDA AVAILABLE ONLINE AT www.co.napa.ca.us

 

 

 

 

1.        Call to Order; Roll Call.

 

 

2.        Pledge of Allegiance.

 

 

3.        9:00 A.M.  PUBLIC COMMENT

 

In this time period, anyone may address the Board of Supervisors regarding any subject over which the Board has jurisdiction but which is not on today's agenda.  Individuals will be limited to a three-minute presentation.  No action will be taken by the Board of Supervisors as a result of any item presented at this time.

 

4.        Department Heads’ Reports and Announcements.

 

 

CONSENT CALENDAR

 

FINANCE

 

 

5.        Auditor-Controller requests the Board accept and instruct the Clerk of the Board to file the Audit Report of the Department of Business, Transportation & Housing-California Complete Count Campaign Contract Award (Census 2000), for the period February 1, 2000 to June 1, 2000.

          (Report on file with the Clerk of the Board)

 

 

HUMAN SERVICES

 

 

6.               Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign renewals of the following agreements with Buckelew Programs for the term July 1, 2000 through June 30, 2001 for adult mental health services:

 

A.              Agreement No. 3569 for The Avenue Program for a maximum of $260,093; and

B.              Agreement No. 4065 for the Supported Living Program for a maximum of $94,300.

 

 

7.               Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4204 with Alternatives for Better Living, Inc. for a maximum of $99,175 for the term July 1, 2000 through June 30, 2001 for provision of services to the Napa County Drug Court.

 

 

CONSENT CALENDAR – Continued

 

HUMAN SERVICES – Continued

 

 

8.               Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 1939 with Our Family, Inc. for a maximum of $255,936 for the term July 1, 2000 through June 30, 2001 for residential substance abuse services.

 

 

9.               Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4064 with Janet Cain, Ph.D., for the term July 1, 2000 through June 30, 2001 to provide services in the Mental Health Outpatient Managed Care Program.

 

 

10.            Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4011 with Redwood Toxicology Laboratory, Inc. for a maximum of $14,400 for the term July 1, 2000 through June 30, 2001 to provide drug screening services for agency clients.

 

 

11.            Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 2242 with the Volunteer Center of Napa County, Inc. for a maximum of $8,000 for the term July 1, 2000 through June 30, 2001 to provide Child Abuse Prevention Education within County area school districts.

 

 

12.            Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign renewals of the following agreements for the term July 1, 2000 through June 30, 2001 for provision of services under the Answers Benefiting Children (ABC) grant:

 

A.              Agreement No. 4218 with ALDEA, Inc. for a maximum of $62,523;

B.              Agreement No. 4234 with Child or Parent Emergency (COPE) for a maximum of $292,968;

C.              Agreement No. 4219 with Family Service of the North Bay, Inc. for a maximum of $47,423;

D.              Agreement No. 4216 with Napa County Council for Economic Opportunity, Inc. for a maximum of $42,523; and

E.               Agreement No. 4217 with the Volunteer Center of Napa County, Inc. for a maximum of $5,560.

 

 

CONSENT CALENDAR – Continued

 

PROPERTY

 

 

13.      Director of Public Works requests approval of and authorization for Chairman to sign a sublease agreement with the State of California at an initial monthly rent of $2,968.99 for the term October 1, 2000 through September 30, 2001 for space at 650 Imperial Way to be used by the Employment Development Department in relation to the One-Stop Job Service Program.

 

 

14.      Director of Public Works requests approval of and authorization for Chairman to sign an agreement with Baronian Associates of Mill Valley, for a maximum of $10,100, with the term to expire when the work is completed, for construction documents and administration relating to the landscape design for the median on Atlas Peak Road.

 

 

15.      Director of Public Works requests approval of Budget Transfer No. 16 transferring $8,409 from Probation (Budget Unit 24700) to the Equipment Pool (Budget Unit 18000) for the purchase of a used vehicle.  (4/5 vote required)

 

 

GENERAL ADMINISTRATION

 

 

16.      Job Training Director requests authorization for out-of-state travel to participate in the Center for Workforce Preparation, Satellite Town Hall Meeting broadcast in Washington, D.C., from October 3–5, 2000, at an estimated cost of $1,650.

 

 

17.      Library Director requests amendment of the Departmental Allocation List for Library increasing the Literacy Project Associate position from a 0.5 Full Time Equivalent (FTE) to a 0.8 FTE, effective September 30, 2000.

 

 

18.      Library Director requests authorization to apply for a three-year state-funded grant, administered by the California State Library, in the amount of $200,000 to initiate a pilot program promoting English language skill development, reading and library use among target groups of K-12 children and their families.

 

 

CONSENT CALENDAR – Continued

 

GENERAL ADMINISTRATION – Continued

 

 

19.      Library Director requests approval of the following actions relating to the Federal Library Services and Technology Act Grant:

 

A.              Acceptance of the Federal grant, administered by the California State Library, in the amount of $67,000 for a one-year adult literacy program pilot project; and

B.              Approval of Budget Transfer No. 15 increasing appropriations for Services and Supplies by $61,000 and Contingencies by $6,000  (Budget Unit 61200) with an offsetting increase in Revenues of $67,000.  (4/5 vote required)

 

 

20.      Library Director request approval of and authorization for Chairman to sign Amendments No. 3 and No. 4 to Agreement No. 2685 with the Town of Yountville extending the term of the original agreement through June 30, 2000 (Amendment No. 3) and increasing the amount from $377 to $624 per month covering an additional four (4) hours of service each week for the period July 1, 2000 through June 30, 2001 (Amendment No. 4).

 

 

21.      Regional Training Employment Coordinator requests approval of and authorization for Chairman to sign an agreement with the Workforce Information Group for a maximum of $225,000 for the term July 1, 2000 through December 31, 2001 to design and develop an internet-based application for workforce development services.

 

 

22.      Regional Training Employment Coordinator requests approval of and authorization for Chairman to sign an agreement with E-Vision Partners for a maximum of $45,000 for the term July 1, 2000 through December 31, 2001 to develop an employer curriculum to assist employers in retaining skilled workers.

 

 

23.      County Administrator requests approval of and authorization for Chairman to sign the renewal of Agreement No. 3295 with Napa State Hospital in the amount of $71,000 in State funds for the term July 1, 2000 through June 30, 2001 for the Arts in Mental Health Program providing art therapy to the Napa State Hospital residents.

 

 

24.      County Administrator requests adoption of a resolution designating agents to execute documents pertaining to the September 3, 2000 earthquake, as required by the Federal Emergency Management Agency and the Governor’s Office of Emergency Services.

 

 

CONSENT CALENDAR – Continued

 

GENERAL ADMINISTRATION – Continued

 

 

25.      County Administrator requests appointment of the following persons to the Napa County Commission on Aging with the terms of office expiring September 30, 2003:

 

Applicants                                               Representing

Joice M. Beatty  (Incumbent)                    Supervisorial District No. 3

Thomas James Laborde  (Incumbent)        Organization Concerned With Older Adults

Judith Gayle Cornils  (Incumbent)             Organization Concerned With Older Adults

Sarah Gorodezky  (Incumbent)                 Organization Concerned With Older Adults

Don Miller Westover                                Organization Concerned With Older Adults

 

 

26.      County Administrator requests appointment of the following persons to serve on the Napa County Council for Economic Opportunity, Board of  Directors, with the terms of office expiring September 1, 2001:

 

Applicants                                               Representing Agency

Edwin Rivera                                           Board of Supervisors

Brenda Irwin (Incumbent)                        Superintendent of Schools (Napa County

                                                                 Office of Education)

Martha M. Finnegan                                 Training and Employment

 

 

27.            County Administrator requests approval of and authorization for Chairman to sign the letter transmitting the response to the 1999/2000 Grand Jury Report to the Presiding Judge of the Superior Court.

 

 

28.       County Administrator/Purchasing Agent requests authorization to declare certain items as surplus and dispose of them at public auction.  (Complete list on file with the Clerk of the Board)

 

 

29.      Approve minutes of Board of Supervisors’ meeting of August 29, 2000.

 

 

30.      DISCUSSION OF ITEMS REMOVED FROM THE CONSENT CALENDAR.

 

 

SET MATTERS

 

 

31.      9:05 A.M.  Presentation of resolution to Napa Valley Vintner’s Association in appreciation of their efforts in connection with the Napa Valley Wine Auction.

          (CONTINUED FROM AUGUST 29, 2000)

 

 

32.      9:10 A.M.  PUBLIC HEARING  Board to consider approval of the expenditures requested by the Sheriff, the District Attorney and the Director of Corrections for the Supplemental Law Enforcement Services Fund (also known as the State COPS Program).

 

 

33.      9:10 A.M.  Closed Session regarding:

 

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

 

Significant exposure to litigation pursuant to Government Code Section 54956.9(b):  (One case)

 

 

34.      9:10 A.M.  PUBLIC HEARING CLOSED  Board to consider and adopt a resolution of Decision on Appeal and Findings of Fact denying the appeals filed by Malcolm MacKenzie, Attorney on behalf of Austin & Erika Hills and Ronald & Teresa Kuhn and upholding the Conservation, Development and Planning Commission decision on May 17, 2000 to approve the following:

 

A.              Beringer Wine Estates - Variance Request No. 99166-VAR to approve a variance to the winery road setback requirements set forth in Section 18.104.230 of the County Code to allow a proposed attached winery expansion to be located closer to an existing private roadway than the existing legal nonconforming setback of the winery on a 106-acre parcel, located approximately 4,000 feet east of Silverado Trail via a driveway located 4,000 feet south of the intersection of Silverado Trail and Yountville Cross Road within Agricultural Watershed (AW) and Agricultural Preserve (AP) Zoning Districts.  (Assessor's Parcel No. 032-530-013); and

B.       Beringer Wine Estates - Use Permit Modification Request No. 99165-MOD to approve a modification to Use Permit No. 91-18 to expand an existing winery in two phases with:  (1) an increase in annual production from 60,000 gallons to 315,000 gallons, (2) construction of an 31,680 square feet of additional winery buildings, (3) use of 23,500 square feet of caves for barrel storage, (4) construction of wastewater ponds, (5) construction of a 75,000 gallon water tank, (6) construction of a 400 square foot pump house, (7) use of two temporary office trailers totaling 960 square feet, (8) construction of related receiving, driveway and parking areas, (9) a waiver of County Public Works Department road improvement requirements, and (10) the on-site deposition of cave spoils on a 106-acre parcel, located approximately 4,000 feet east of Silverado Trail via a driveway located 4,000 feet south of the intersection of Silverado Trail and Yountville Cross Road within Agricultural Watershed (AW) and Agricultural Preserve (AP) Zoning Districts.  (Assessor's Parcel No. 032-530-013)

                     ENVIRONMENTAL DETERMINATION:  Negative Declarations adopted.

(CONTINUED FROM SEPTEMBER 12, 2000)

 

 

SET MATTERS – Continued

 

 

35.      9:15 A.M.  PUBLIC HEARING  County Counsel requests the Board of Supervisors consider and adopt a resolution amending the County Conflict of Interest Code to take into account changed circumstances in accordance with Government Code Section 87306.5.

 

 

36.      9:30 A.M.  PUBLIC HEARING  Board to consider appeal by Cyril Chappellet/

Chappellet Vineyards to a decision by the Conservation, Development and Planning Commission on June 21, 2000 to adopt a Negative Declaration and approve Use Permit No. 99199-UP of Bryant Family Winery to establish a new 6,276 ± square foot winery with 8,000 square feet of caves with a maximum production capacity of 8,500 gallons, located on a 35-acre parcel on a private road approximately ˝-mile south of Sage Canyon Road within an Agricultural Watershed (AW) Zoning District.  (Assessor’s Parcel No. 032-510-005)

          ENVIRONMENTAL DETERMINATION: Negative Declaration prepared.

(ContinueD FROM September 12, 2000; APPELLANT REQUESTS

 WITHDRAWAL OF THE APPEAL)

 

 

37.      10:00 A.M.  PUBLIC HEARING  Board to consider request from Avatar Wine Partners L.P. and Bouchaine Vineyards, Inc., to amend Type “H” Agricultural Preserve Contract No. 97125 and enter into a new Type “H” Agricultural Preserve Contract to conform to an adjustment of parcel boundaries between two contiguous parcels under separate ownership.  The parcels are located west of Buchli Station Road within an Agricultural Watershed (AW) Zoning District.  (Assessor’s Parcel Nos. 047-320-026 and 047-330-010)

          ENVIRONMENTAL DETERMINATION:  Categorically Exempt.

 

 

38.      10:15 A.M.  County Counsel and Housing Director to report on the legal authority to adopt an urgency ordinance – rent stabilization rolling back mobile home park rents to July 31, 2000 and request direction to initiate an ordinance or urgency rent stabilization ordinance applicable in the unincorporated areas of Napa County.

(CONTINUED FROM AUGUST 1, AUGUST 8, AUGUST 15 AND

  SEPTEMBER 12, 2000)

 

 

39.      10:30 A.M.  PUBLIC HEARING  Board to consider a request filed by Tom Aswad and John Campagna (Lakeview Boat Storage, LLC) to amend the Napa County General Plan Land Use Map to change the land use designation of a 4.7 ± acre portion of a 30.7 ± acre parcel from Agricultural Watershed and Open Space to Rural Residential complies with the General Plan Application Processing Criteria and that the general plan amendment request can be processed.  The project is located on the northeasterly side of Knoxville-Berryessa Road, approximately ˝-mile south of its intersection with Pope Canyon Road and north of the Berryessa Park Subdivision, within the Agricultural Watershed and Commercial Limited Zoning Districts.  (Assessor’s Parcel No. 019-280-006)

Environmental Determination:  Not subject to the California Environmental Quality Act (CEQA) since the activity is not a project as defined by CEQA Guidelines Section 15378.

 

 

REGULAR CALENDAR

 

GENERAL ADMINISTRATION

 

 

40.      Discussion and possible action regarding legislation.

 

 

41.      Board of Supervisors’ Committee Reports and Announcements.

 

 

42.      Board of Supervisors’ Future Agenda Items.

 

 

 

ADJOURN TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, OCTOBER 3, 2000 AT 9:00 A.M.