MINUTES OF THE
MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF NAPA
February 9, 1999
- Call to Order.
THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, FEBRUARY 9, 1999 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRMAN MARK LUCE, SUPERVISORS MIKE RIPPEY, MEL VARRELMAN, KATHRYN WINTER AND BRAD WAGENKNECHT.
- Pledge of Allegiance.
PERSONNEL DIRECTOR BRUCE HEID LED THE SALUTE TO THE FLAG.
- Public Comment.
DIRECTOR OF PUBLIC WORKS KEN JOHANSON PROVIDED A STATUS REPORT ON RECENT STORMS AND DAMAGES.
- Sheriff requests the following actions:
- Authorization to accept $34,725 from the California Highway Patrol
increasing revenue for a Highway 29 Safety Grant; and
- Approval of Budget Transfer No. 39 (Budget Unit 23500) increasing overtime expenditures by $28,835 and fixed assets by $5,890 for the purchase of one Ultralyte 200 Laser ($3,495) and one Accident Investigation Package ($2,395).
APPROVED V-W-R-BW-L BT-39
- Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign renewals of the following agreements for "The Avenue" mental health residential program for the term July 1, 1998 through June 30, 1999:
A. Agreement No. 3570 with the County of Marin for $58,128; and
APPROVED V-W-R-BW-L A-3570
- Agreement No. 4041 with the County of Contra Costa for $58,128.
APPROVED V-W-R-BW-L A-4041
- Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 3555 with the City of Napa for a maximum of $8,000 for the term July 1, 1998 through June 30, 1999 to provide services to the Friday Night Live program.
APPROVED V-W-R-BW-L A-3555
- Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the following agreements with the Napa County Council for Economic Opportunity:
- Amendment No. 1 to Agreement No. 2556 increasing the amount by
$25,000 for a new maximum of $133,000 for the term July 1, 1998 through June 30, 1999 for homeless shelter services; and
APPROVED V-W-R-BW-L A-2556
A (AMEND. 1)
- Renewal of Agreement No. 3989 for $106,262 for the term October 1, 1998 through September 30, 1999 to provide services under the federal grant for the Transitional Residential Alliance and Integrated Network.
APPROVED V-W-R-BW-L A-3989
- Director of Health and Human Services Agency requests approval of and authorization for
Chairman to sign Amendment No. 1 to Mental Health Managed Care Agreement No. AUD5144 with Michelle Merritt, Marriage, Family and Child Counselor.
APPROVED V-W-R-BW-L A-4122
- Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign an agreement with Community Health Clinic Ole for a maximum of $45,704 for the term July 1, 1998 through December 31, 1999 to provide indigent outreach services through a Wellness and Prevention grant.
APPROVED V-W-R-BW-L A-4123
- Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4058 with Else Ross, M.D., increasing the amount by $3,445 for a new maximum of $16,965 and extending the term through June 30, 1999 for provision of psychiatric services and consultation for monolingual latino residents.
APPROVED V-W-R-BW-L A-4058
- Director of Public Works requests approval of and authorization for Chairman to sign a Deferred Construction Agreement with Richard T. Boswell deferring construction of a left-turn lane on Silverado Trail as a condition of Use Permit No. 117980.
APPROVED V-W-R-BW-L A-4124
- Director of Public Works requests the following actions pertaining to the completion of the intersection of Atlas Peak Road and Monticello Road (State Highway 121):
A. Authorization to release bonds for performance and labor/materials; and
- Authorization for the Director of Public Works to release the Certificate of
Deposit upon notification from the State of California of acceptance of intersection improvements.
- Director of Public Works requests approval of and authorization to sign a Grant Agreement with the Federal Aviation Administration for the grinding and resealing of joints on Runway 6-24 and overlay of Taxiway "C" and "D".
- Director of Public Works requests authorization for Chairman to sign a Certificate of Acceptance of an Avigation and Hazard Easement Deed from Napa South Limited Partnership, Napa East Limited Partnership and Hines Group II for six parcels located on the east side of State Route 221 generally between Airport Boulevard and Streblow Drive.
- Director of Public Works requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 3916 with Martin & Kane, Inc. increasing the amount by $52,018 for a new maximum of $217,693 for additional design work and preparation of construction documents for the Oakville Crossroad Bridge.
APPROVED V-W-R-BW-L A-3916
- Acting Job Training Director and Regional Training Coordinator request approval of and authorization for Chairman to sign an agreement with the Solano Private Industry Council for a maximum of $105,750 for the term October 1, 1998 through September 30, 1999 for the implementation of a regional staff development plan.
APPROVED V-W-R-BW-L A-4125
- Regional Training Coordinator requests adoption of a resolution approving the submittal of three One-Stop Career Center grant proposals, for a total request of $950,000, to the State Economic Development Department and authorizing Napa County to act as the Grant Administrator on behalf of the North Bay Employment Connection.
APPROVED V-W-R-BW-L R-99-13
- County Administrator requests approval of the following actions to recognize funds from a State grant and County trust fund, to compensate the Napa Valley Economic Development Corporation for job creation services:
- Approve Budget Transfer No. 36 accepting and appropriating unanticipated revenue of $53,420 in Budget Unit 18600 from a grant with the State Trade and Commerce Agency for a Job Creation Program; and
APPROVED V-W-R-BW-L BT-36
- Amend Budget Unit 18600 accepting and appropriating unanticipated revenue of $5,000 from the Community Partnership Trust Fund and recognizing receipt of the initial payment of the State Trade and Commerce Agency Job Creation Grant by transferring $13,355 from the Auditor’s Trust Fund to Budget Unit 18600 (County Contributions) as revenue.
- County Administrator requests adoption of a resolution designating certain emergency interim successors for each member of the Board of Supervisors pursuant to Napa County Code Section 2.04.080.
APPROVED V-W-R-BW-L R-99-14
- Adoption of a resolution honoring the retirement of Frank Waldapfel from the Napa County Fire Department/Edgerly Island Volunteer Fire Department.
APPROVED V-W-R-BW-L R-99-12
- Reappointment of the following persons to serve on the Law Library Board of Trustees with the terms of office to expire January 1, 2000:
Judge W. Scott Snowden, Superior Court
Michael Williams, Attorney (to serve as Trustee for Richard Bennett, Superior Court)
Paul Bardwell, Attorney, Bar Association
Dr. Houghton Gifford, Attorney (to serve as Trustee for Judge Ronald Young, Superior
Lou Biggo, Attorney (to serve as Trustee for Chairman of the Board of Supervisors)
James V. Jones, Attorney (to serve as Trustee for Judge Philip Champlin, Superior Court)
Paul Loomis, Attorney (to serve as Trustee for Judge Francisca Tisher, Municipal Court)
- Approve minutes of Board of Supervisors’ meeting of February 2, 1999.
APPROVED AS AMENDED TO CORRECT THE SPELLING OF SENATOR WES CHESBRO’S LAST NAME ON ITEM NUMBER 18 (APPROVAL OF MINUTES OF THE MEETING OF JANUARY 26, 1999) AND TO INDICATE THAT SUPERVISOR WAGENKNECHT REPORTED REGARDING THE EDUCATIONAL REIMBURSEMENT AUGMENTATION FUND (ERAF) AND NAPA SANITATION DISTRICT EFFORTS TO CONTROL ODOR (RATHER THAN CHAIRMAN LUCE).
- Discussion of items removed from the Consent Calendar.
24. 9:30 a.m. - Public Hearing - Appeal filed by Robert and Ariane Matschullat to a decision by the Conservation, Development and Planning Commission on December 2, 1998 to adopt a Negative Declaration and approve Use Permit No. 97219-UP of Hagafen Winery/Norman and Irit Weir to establish a new winery of 6,800 square feet and an annual production capacity of 50,000 gallons (with up to 25,000 gallons per year produced by up to four custom production operations involving crushing, fermentation, barrel aging and bottling) and a Marketing Plan on a 12.23 acre parcel located on the east side of Silverado Trail approximately 0.5 mile north of its intersection with Soda Canyon Road within an Agricultural Preserve (AP) Zoning District. (Assessor’s Parcel No. 039-130-002)
Environmental Determination: Negative Declaration prepared.
(Continued from January 26, 1999)
CHAIRMAN LUCE ADVISED THAT HE HAD VISITED THE SITE.
THE BOARD DETERMINED THAT IT WOULD RELY ON THE ADMINISTRATIVE RECORD AND ACCEPT NEW TESTIMONY.
PUBLIC HEARING HELD
SUPERVISOR WINTER MADE A MOTION, SECONDED BY CHAIRMAN LUCE TO DECLARE INTENT TO DENY THE APPEAL AND APPROVE USE PERMIT APPLICATION #97219-UP, SUBJECT TO CONDITIONS OF APPROVAL ADOPTED BY THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION AND ADOPT THE MITIGATED NEGATIVE DECLARATION AND INSTRUCTED COUNTY COUNSEL TO PREPARE FINDINGS OF FACT TO SUPPORT ITS DECISION FOR CONSIDERATION MARCH 9, 1999. HOWEVER, FOLLOWING DISCUSSION, SUPERVISOR RIPPEY OFFERED AN AMENDMENT TO THE MOTION, SECONDED BY SUPERVISOR VARRELMAN AND ACCEPTED BY SUPERVISOR WINTER TO MODIFY THE FOLLOWING CONDITIONS OF APPROVAL:
2B. WINE AND FOOD EVENTS
LUNCHES AND DINNERS IN THE WINERY OR TASTING ROOM FOR TRADE AND CONSUMER BY PRIOR APPOINTMENT.
FREQUENCY: 10 PER YEAR
NUMBER OF PERSONS: MAXIMUM 75
TIME OF DAY: NOON-3:00PM (6); 7:00-9:00PM (6)
TOURS, TASTING, AND CATERED FOOD SERVICE FOR CONSUMERS AND TRADE BY PRIOR APPOINTMENT:
FREQUENCY: 6 PER YEAR
NUMBER OF PERSONS: MAXIMUM 50
TIME OF DAY: NOON-3:00PM (3); 7:00-10:00PM (3)
3A. TOURS OF THE WINERY AND/OR TASTING OF WINE ARE LIMITED TO 25 PERSONS PER DAY, EXCEPT SATURDAYS. WHEN NO TOURS OR TASTING SHALL BE PERMITTED, AND SHALL BE LIMITED TO MEMBERS OF THE WINE TRADE, PERSONS INVITED BY THE WINERY WHO HAVE PRE-ESTABLISHED BUSINESS OR PERSONAL RELATIONSHIPS WITH THE WINERY OR ITS OWNERS AND PERSONS WHO HAVE MADE UNSOLICITED PRIOR APPOINTMENTS FOR TOURS OR TASTINGS. (AS DEFINED BY SECTION 18.08.620). VISITOR COUNTS SHALL BE MAINTAINED DAILY THAT WOULD BE MADE AVAILABLE TO THE DEPARTMENT WITHIN (5) DAYS NOTICE AND SHALL BE COMPILED IN AN ANNUAL REPORT SUBMITTED TO THE DEPARTMENT BY THE END OF JANUARY EACH YEAR.
- THE WINERY SHALL BE OPEN FOR RETAIL SALES OF WINE SUNDAY THROUGH THURSDAY 10:00 AM AND 5:00 PM (10:00 TO 6:00 SUMMER). NO RETAIL SALES SHALL BE CONDUCTED EITHER FRIDAY OR SATURDAY.
- ALL OUTDOOR STORAGE OF WINERY PRODUCTION EQUIPMENT SHALL BE SCREENED FROM VIEW OF ADJACENT PROPERTIES BY A VISUAL BARRIER CONSISTING OF FENCING AND/OR DENSE LANDSCAPING, AND SHALL REMAIN WITHIN THE DRIVEWAY LOOP. NO OPEN STORAGE IS TO EXCEED THE HEIGHT OF THE SCREENING.
25. 11:00 a.m. - Public Hearing - Appeal filed by Cathy Roche, on behalf of E. Richard Jones to a decision by the Conservation, Development and Planning Commission on October 9, 1998 to require that fill deposited in an on-site stream for a flat pad and vineyard access road be removed and the site be restored to its original condition located on two parcels east of Silverado Trail, 3884 Silverado Trail, Calistoga, within an Agricultural Watershed (AW) Zoning District. (Assessor’s Parcel Nos. 021-010-069 and 021-010-070)
Environmental Determination: Exempt from California Environmental Quality Act.
(Continued from November 24, 1998)
PUBLIC HEARING CONTINUED TO MAY 11, 1999 AT 9:15 A.M.
- Acting Job Training Director to present a proposal to open an Up-Valley Job Connection Satellite Center with the following requested actions:
- Personnel Director requests authorization to amend the Departmental
Allocation List for Training and Employment (Budget Unit 50500) adding one (1) Employment Program Specialist I, Limited Term, effective February 6, 1999 through October 1, 1999; and
APPROVED REQUEST V-W-R-BW-L
- Director of Public Works requests approval of and authorization for Chairman to sign a sublease agreement with Commercial Insurance Alternatives for 330 square feet of space at 1572 Railroad Avenue, St. Helena, in the amount of $1,030.16 per month, for the term February 18, 1999 through September 30, 1999.
APPROVED REQUEST V-W-R-BW-L A-4126
- Discussion and possible action regarding legislation.
SUPERVISOR WINTER REPORTED ON A LETTER FROM SENATOR
RICHARD MOUNTJOY REQUESTING THE COUNTY FORWARD TO THE ENVIRONMENTAL PROTECTION AGENCY A COPY OF RESOLUTION 98-132 ADOPTED BY THE BOARD SUPPORTING EFFORTS TO REMOVE OR LIMIT THE LEVEL OF MTBE AND OTHER ETHER OXYGENATES IN WATER SUPPLIES AND MOTOR VEHICLE FUELS.
- Board of Supervisors’ Committee Reports and Announcements.
SUPERVISOR RIPPEY REPORTED REGARDING THE FOLLOWING:
- NAPA COUNTY YOUTH AND GANG VIOLENCE PREVENTION TASK FORCE MEETING TO BE HELD WEDNESDAY, FEBRUARY 10, 1999 AT 12:15 P.M. IN THE BOARD OF SUPERVISORS’ MEETING ROOM AND MARCH MEETING TO BE HELD IN THE EVENING OR A WEEKEND IN AMERICAN CANYON.
- TENTATIVE PUBLIC MEETING SCHEDULED ON FEBRUARY 17, 1999 AT 7:00 P.M. AT SILVERADO MIDDLE SCHOOL FOR RESIDENTS OF THE COOMBSVILLE AREA REGARDING THE PROPOSED GROUNDWATER ORDINANCE.
- HIS APPOINTMENT TO THE ASSOCIATION OF BAY AREA GOVERNMENTS ADMINISTRATIVE COMMITTEE.
- QUARTERLY MEETING OF TREASURY OVERSIGHT COMMITTEE REGARDING COUNTY PORTFOLIO AND DRAFT AUDIT.
- NAPA RIVER WATERSHED TASK FORCE MEETING DISCUSSIONS REGARDING A HEALTHY WATERSHED; FINANCING; HOW TO REACH CONCENSUS AND THE FOLLOWING REPORTS THAT WERE PRESENTED BY:
- CONSERVATION, DEVELOPMENT AND PLANNING DIRECTOR JEFFREY REDDING ON THE NAPA COUNTY GENERAL PLAN AND GROWTH PROJECTIONS.
- PHIL BLAKE WITH THE NAPA COUNTY RESOURCE CONSERVATION DISTRICT ON EROSION CONTROL PLANS.
- LESLIE FERGUSON WITH THE STATE WATER RESOURCES CONTROL BOARD ON REGULATIONS.
SUPERVISOR WINTER REPORTED REGARDING THE FOLLOWING:
- NAPA COUNTY PROJECT "DARYL" FUNDED BY A GRANT FROM HOME BASE FOR THE HOMELESS AND HARD TO REACH POPULATION AND UPCOMING MEETINGS.
- SALVATION ARMY’S NEED TO LOCATE A CHURCH FACILITY.
- HER APPOINTMENT AS THE ASSOCIATION OF BAY AREA GOVERNMENTS REPRESENTATIVE ON THE BAY AREA ECONOMIC FORUM.
CHAIRMAN LUCE REPORTED REGARDING THE FOLLOWING:
- REDWOOD EMPIRE ASSOCIATION MEETING, CONTINUED OUTREACH TO MARKET TOURISM, TRANSPORTATION ISSUES AND TARGET AIR PROPOSAL FOR SERVICE TO HARD TO REACH LOCATIONS.
- SALE OF R. A. BRIDGEFORD INC., DBA BRIDGEFORD FLYING SERVICES.
DIRECTOR OF PUBLIC WORKS KEN JOHANSON AND DEPUTY DIRECTOR OF PUBLIC WORKS TIL NOEGGERATH REPORTED ON THE SALE OF BRIDGEFORD FLYING SERVICES, FOUR (4) EXECUTIVE HANGARS AT THE NAPA COUNTY AIRPORT AND ANNUAL REPORT TO THE BOARD.
- Board of Supervisors’ Future Agenda Items.
- Department Heads’ Reports and Announcements.
- Closed Session regarding:
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 REPORT
ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,
FEBRUARY 23, 1999 AT 9:00 A.M.
Supervising Clerk of the Board
Vote: L = Mark Luce; R = Mike Rippey; V = Mel Varrelman; W = Kathryn Winter;
BW = Brad Wagenknecht
Notations under Vote: N = No; X = Excused; A = Abstained