MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

February 23, 1999

 

  1. Call to Order.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, FEBRUARY 23, 1999 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRMAN MARK LUCE, SUPERVISORS MIKE RIPPEY, MEL VARRELMAN, KATHRYN WINTER AND BRAD WAGENKNECHT.

  1. Pledge of Allegiance.
  2. NAPA SANITATION DISTRICT MANAGER MIKE ALEXANDER LED THE SALUTE TO THE FLAG.

  3. Public Comment.

WENDY RAMSEY ADVISED THE BOARD CONCERNING PROPOSAL OF PAUL NORMAN TO PURCHASE THE AGRICULTURAL BUILDING LOCATED AT 1463 POLK STREET AND PROBLEMS WITH THE NEGOTIATION PROCESS. MS. RAMSEY REQUESTED THAT THE BOARD LOOK INTO THE MATTER.

THE BOARD INDICATED THAT IT WOULD TAKE THE MATTER UNDER ADVISEMENT.

PAUL NORMAN REQUESTED THE MATTER BE PLACED ON A FUTURE AGENDA AND SUBMITTED BACKGROUND INFORMATION TO THE BOARD.

COUNTY COUNSEL ROBERT WESTMEYER REVIEWED THE PROCEDURES TO BE FOLLOWED REGARDING THE SALE OF COUNTY PROPERTY.

Consent Calendar

  1. Chief Probation Officer requests approval of and authorization for Chairman to sign an agreement with the Volunteer Center of Napa County, Inc. in the amount of $15,000 for the term July 1, 1998 through June 30, 1999 for the provision of therapeutic services to minors.
  2. APPROVED BW-R-V-W-L A-4127

  3. Chief Probation Officer requests authorization to amend the Departmental Allocation List for Probation adding two (2) Probation Officer I/II positions, effective March 6, 1999.
  4. APPROVED BW-R-V-W-L

     

  5. Director of Corrections requests authorization for Auditor-Controller to pay an invoice over one year old for $3,469.50 due to a lost invoice from Ritz Foodservice.
  6. APPROVED BW-R-V-W-L

  7. Assessor/Recorder-County Clerk requests approval of and authorization for Chairman to sign Amendment No. 3 to Agreement No. 3770 with the State Department of Finance for fourth year participation in the State-County Property Tax Administration program for a loan amount of $366,020.
  8. APPROVED BW-R-V-W-L A-3770

    (AMEND. 3)

  9. Assessor/Recorder-County Clerk requests approval of Budget Transfer No. 41 in the amount of $73,900 increasing Appropriations in the Assessor (Budget Unit 11700); Auditor-Controller (Budget Unit 11000); Treasurer-Tax Collector (Budget Unit 11600); and Management Information Services (Budget Unit 17700) departments, with revenues from the State-County Property Tax Administration Loan Program Trust Fund, for implementation of the approved Megabyte client-server system. (4/5ths vote of the Board required)
  10. APPROVED BW-R-V-W-L BT-41

  11. Auditor-Controller requests acceptance of and instruction to the Clerk of the Board to file the following:

    1. Audit Report of the Probation Trust Fund for Fiscal Year ended
    2. June 30,1998; and

    3. Audit Report of the County of Napa Mary Arnold Trust for Fiscal Year ended June 30, 1998.

(Copies on file with the Clerk of the Board)

APPROVED BW-R-V-W-L

  1. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign an agreement with Alternatives for Better Living for a maximum of $12,260 for the term January 1, 1999 through June 30, 1999 to provide self-sufficiency training to participants in the CalWorks program.

APPROVED BW-R-V-W-L A-4128

  1. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 3402 with the California Department of Health Services allocating $366,464 for the term October 1, 1998 through September 30, 1999 for operation of the Women, Infants and Children (WIC) Supplemental Nutrition program.
  2. APPROVED BW-R-V-W-L A-3402

  3. 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 $89,053 for the term January 1, 1999 through September 30, 1999 to develop and implement services funded by the MediCal Outreach grant.
  4. APPROVED BW-R-V-W-L A-4129

     

  5. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign an agreement with Napa County Council for Economic Opportunity, Inc. for a maximum of $7,261 for the term July 1, 1998 through June 30, 1999 for the Napa Senior Nutrition program.
  6. APPROVED BW-R-V-W-L A-4130

  7. Director of Health and Human Services Agency requests the following actions related to the Child Welfare Agency (CWA) accreditation:

    1. Amend the Departmental Allocation List in the HHS Administration
    2. (Budget Unit 50000) adding one (1) Staff Services Analyst I/II position, Limited Term, effective March 6, 1999 to June 30, 2000. (Details on file with the Clerk of the Board); and

      APPROVED BW-R-V-W-L

    3. Approve a Budget Transfer appropriating $15,500 from the SB 910 Trust

Fund for salary/benefit appropriation for the CWA accreditation.

APPROVED AS AMENDED TO INDICATE BUDGET TRANSFER NO. 43.

BW-R-V-W-L BT-43

  1. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign a signatory form authorizing two fiscal division staff to request reimbursement of expenses from the California Department of Rehabilitation.
  2. APPROVED BW-R-V-W-L A-3963

  3. Director of Health and Human Services Agency requests adoption of a resolution authorizing the submission of the Answers Benefiting Children (ABC) grant proposal to the Governorís Office of Criminal Justice Planning and the California Department of Social Services for a maximum of $775,000.
  4. APPROVED BW-R-V-W-L R-99-15

    A

  5. County Fire Chief requests approval of and authorization for Chairman to sign an agreement with Terrance E. Lowell and Associates, Inc. in the amount of $13,000 for the term October 1, 1998 through June 30, 1999 to provide assistance in developing a revised methodology for calculating and collecting fire development fees.
  6. APPROVED BW-R-V-W-L A-4131

  7. Director of Public Works requests acceptance of work done and authorization for Chairman to sign and file a Notice of Completion with the Clerk/Recorder for Contract No. PW 98-2, "Napa County Administration Building & Carithers Office Remodel Project."
  8. APPROVED BW-R-V-W-L

  9. Communications Manager requests approval of and authorization for Chairman to sign an agreement with Richard Hodges, d.b.a. Convergence Consulting at a cost not to exceed $30,000 for the term February 16, 1999 through December 31, 1999 for telecommunications consulting services.
  10. APPROVED BW-R-V-W-L A-4132

     

  11. Personnel Director requests the following actions, effective March 6, 1999:

    1. Amend Conservation, Development and Planning Allocation List to delete one (1) Graphics Specialist and one (1) Planning Drafting Technician and add one (1) Land Information Mapping Specialist and one (1) Graphics Technician;
    2. Amend Table and Index to delete Graphics Specialist and Planning
    3. Drafting Technician and add Land Information Mapping Specialist and Graphics Technician; and

    4. Approve class specifications for Land Information Mapping Specialist and

Graphics Technician.

(Details on file with the Clerk of the Board)

APPROVED BW-R-V-W-L

  1. Personnel Director requests approval of Memoranda of Understanding with Public Services Employee Unit and Public Services Employee-Supervisory Unit of the Napa Association of Public Employees, SEIU, Local 614, effective July 11, 1998. (Copies on file with the Clerk of the Board)
  2. APPROVED BW-R-V-W-L A-2613

    A-2614

  3. County Administrator requests the following actions related to improving code enforcement efforts:

    1. Authorization to amend the Departmental Allocation List for District Attorney adding one (1) Attorney I/II/III position, effective immediately; and
    2. Approve Budget Transfer No. 42 appropriating $26,000 from Contingencies for salary/office expenses.

APPROVED BW-R-V-W-L BT-42

  1. County Administrator and Napa County Fire Chief request adoption of the following resolutions relating to the levy of a special tax on real property, the proceeds of which must be used for the purpose of obtaining and furnishing fire suppression equipment:

    1. Adoption of a resolution withdrawing the December 15, 1998 Order of Election which called a special election on June 8, 1999, due to the elimination of that date as an established election date effective January 1, 1999 (Chapter 913; Statutes of 1998). Said election having been called to determine whether certain County unincorporated voters wish to approve the levy of a special tax on certain real property, the proceeds of which must be used for the purpose of obtaining and furnishing fire suppression equipment; and
    2. APPROVED BW-R-V-W-L R-99-16

       

      23. Continued

    3. Adoption of a resolution calling a special election on June 8, 1999, following the passage of SB49 (Chapter 2; Statutes of 1999) on an urgency basis which re-instated the June election date in odd years as an established election date, to determine whether certain County unincorporated voters wish to approve the levy of a special tax on certain real property located in the unincorporated area, the proceeds of which must be used for the purpose of obtaining and furnishing fire suppression equipment.

APPROVED BW-R-V-W-L R-99-16

  1. County Administrator requests acceptance of the listing of applicants for one vacancy on the Conservation, Development and Planning Commission/Airport Land Use Commission and schedule the appointment for March 2, 1999:

    1. Consideration of the appointment of Supervisor Brad Wagenknechtís nomination to the Conservation, Development and Planning Commission (CDPC)/Airport Land Use Commission (ALUC) for the term of office prescribed by Section 2.72 of the Napa County Code which provides that the term of office shall run coterminous with the term of office of the appointing Board of Supervisor member:
    2. Applicants: Kyle Brocker

      Gerald Jay Golik

      David W. Graves

    3. If the applicant appointed to the CDPC has no aviation expertise, then it is recommended that the terms of both ALUC Commissioners Carl Joseph Kangas and Roger Allen Collinson be unspecified.

APPROVED BW-R-V-W-L

  1. Approve minutes of Board of Supervisorsí meeting of February 9, 1999.

APPROVED THE FOLLOWING AS AMENDED:

ITEM NUMBER 24 (APPEAL FILED BY ROBERT AND ARIANE MATSCHULLAT TO A DECISION BY THE CONSERVATION, DEVELOPMENT & PLANNING COMMISSION ON DECEMBER 2, 1998 TO ADOPT A NEGATIVE DECLARATION AND APPROVE USE PERMIT NUMBER 97219-UP OF HAGAFEN WINERY/NORMAN AND IRIT WEIR) TO INDICATE THAT SUPERVISOR RIPPEY OFFERED THE AMENDMENT TO THE MOTION TO MODIFY CONDITIONS OF APPROVAL NUMBERED 2B, 3A, C AND 5 (RATHER THAN SUPERVISOR VARRELMAN), SECONDED BY SUPERVISOR VARRELMAN AND ACCEPTED BY SUPERVISOR WINTER.

 

25. Continued

ITEM NUMBER 28 (BOARD OF SUPERVISORSí COMMITTEE REPORTS AND ANNOUNCEMENTS) TO INDICATE THAT SUPERVISOR WINTER REPORTED THAT PROJECT "DARYL" IS A NAPA COUNTY PROJECT (RATHER THAN A CITY OF BERKELEY PROJECT) AND THAT SHE WAS APPOINTED AS THE ASSOCIATION OF BAY AREA GOVERNMENTSí REPRESENTATIVE ON THE BAY AREA ECONOMIC FORUM (RATHER THAN THE REPORT TO THE BAY AREA ECONOMIC FORUM).

BW-R-V-W-L

26. Discussion of items removed from the Consent Calendar.

NONE

Set Matters

 

  1. 9:10 a.m. - Update on Y2K status:

    1. Tim Kelly, PG&E Local Government Relation Representative.
    2. (Supervisor Rippey)

    3. Mike Alexander, Manager, Napa Sanitation District. (Supervisor Winter)

UPDATE PRESENTED

  1. 9:30 a.m. - Public Hearing - Appeal filed by Roger Bubel to a decision by the Conservation, Development and Planning Commission on November 18, 1998 to adopt a Negative Declaration and approve Use Permit No. 96553-UP of Wild Horse Valley Ranch to re-establish a commercial horse boarding facility for 83 horses at an existing equestrian facility and training center, utilizing existing structures (4,876 square foot barn, 3,754 square foot barn and 7,666 square foot barn), 341 square feet of lockers for boarders, pastures and paddocks, located on a 359.73 acre parcel, a portion of a 2,600 + acre ranch, approximately one mile northeast of the terminus of Wild Horse Valley Road within an Agricultural Watershed (AW) Zoning District. (Assessorís Parcel No. 033-190-001)

Environmental Determination: Negative Declaration prepared.

PUBLIC HEARING HELD

THE BOARD ACCEPTED WITHDRAWAL OF THE APPLICATION FOR USE PERMIT REQUEST #96553-UP.

R-BW-V-W-L

 

 

29. 11:00 a.m. - Public Hearing - Appeal filed by Skaggs Trucking to a decision by the Conservation, Development and Planning Commission on October 21, 1998 not to adopt a Negative Declaration and to deny Use Permit Request No. 97426-UP proposing to establish a truck terminal with storage yard, maintenance shop and business offices and a contractorís storage yard with separate office located at 200 Tower Road on a 5.81 acre parcel on the north side of Tower Road approximately 400 feet west of State Highway 29 within a General Industrial:Airport Compatibility Combination (GI:AC) Zoning District. (Assessorís Parcel No. 057-110-018) Environmental Determination: Negative Declaration prepared. (Continued from December 8, 1998 and January 26, 1999)

PUBLIC HEARING HELD

THE BOARD UPHELD THE APPEAL IN PART, ADOPTED THE NEGATIVE DECLARATION WITH THE PROJECT REVISION STATEMENT AND APPROVED USE PERMIT REQUEST #97426-UP WITH CONDITIONS OF APPROVAL AS RECOMMENDED BY THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION ON FEBRUARY 17, 1999.

BW-R-V-W-L

30. 2:00 p.m. - Closed Session including, but not limited to, the following:

A. Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9)

Name of Case: Claim filed with Workersí Compensation Appeals Board on February 25, 1998 (case number unassigned).

Name of Case: Napa Citizens for Honest Government et. al. v. Napa County Board of Supervisors et. al. (Napa Superior Court Case No. 26-04014).

    1. 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 Ė NO REPORT

31. 2:00 p.m. - Public Hearing - Ordinance Amendment No. 98248-ORD proposing to amend Title 18, Chapter 18.104 of the Napa County Code by adding a new Section 18.104.235 to allow exceptions to winery setback requirements for historical buildings and sites provided certain criteria are met. Environmental Determination: General Rule (exempt from California Environmental Quality Act (CEQA), Section 404, Napa County CEQA Guidelines) (Continued from January 26, 1999)

PUBLIC HEARING HELD

TITLE READ

THE BOARD WAIVED READING BALANCE OF ORDINANCE

W-BW-R-V-L

THE BOARD DECLARED INTENT TO ADOPT ORDINANCE

BW-W-R-V-L

Regular Calendar

  1. County Administrator requests first reading and intention to adopt an ordinance amending certain sections of Chapter 8.08 of the Napa County Code to prohibit smoking in bars to comply with California Labor Code Section 6404.5 and to make certain technical corrections. Environmental Determination: Not subject to CEQA.
  2. TITLE READ

    THE BOARD WAIVED READING BALANCE OF ORDINANCE

    R-W-V-BW-L

    THE BOARD DECLARED INTENT TO ADOPT ORDINANCE

    BW-R-V-W-L

  3. Discussion and possible action regarding legislation.
  4. SUPERVISOR VARRELMAN ADVISED OF U.S. SENATOR STROM THURMONDíS PROPOSAL TO PLACE AN ONEROUS TAX ON WINE (APPROXIMATELY A 300% INCREASE) AND THAT HE HAS ASKED NANCY WATT, LEGISLATIVE ANALYST WITH THE COUNTY ADMINISTRATORíS OFFICE TO MONITOR THE PROPOSAL. HE REQUESTED THE BOARD ASK THE CALIFORNIA STATE ASSOCIATION OF COUNTIES BOARD OF DIRECTORS TO ADOPT A RESOLUTION OPPOSING THE PROPOSAL, TO FORWARD THE RESOLUTION TO THE CONGRESSIONAL DELEGATION AND THAT THE BOARD FORWARD A LETTER IN OPPOSITION TO THE PROPOSAL.

  5. Board of Supervisorsí Committee Reports and Announcements.

SUPERVISOR VARRELMAN REPORTED ON THE FOLLOWING:

SUPERVISOR RIPPEY REPORTED ON THE FOLLOWING:

 

 

34. Continued

 

 

SUPERVISOR WINTER REPORTED ON THE FOLLOWING:

MEETING

SUPERVISOR WAGENKNECHT REPORTED ON THE FOLLOWING:

COOMBSVILLE AREA RESIDENTS

CHAIRMAN LUCE REPORTED ON THE FOLLOWING:

- UPPER VALLEY WASTE MANAGEMENT MEETING

- NAPA SANITATION DISTRICT MEETING

  1. Board of Supervisorsí Future Agenda Items.
  2. NON-SPECIFIC DATE - REQUEST OF THE NAPA VALLEY COMMUNITY HOUSING AND BRIDGE HOUSING CORPORATION FOR AN ADDITIONAL $500,000 IN HOUSING TRUST FUNDS FOR THE APARTMENTS AT SILVERADO CREEK AFFORDABLE HOUSING PROJECT. (SUPERVISOR WINTER)

    NON-SPECIFIC DATE - RECOMMENDATION BY THE NAPA VALLEY HOUSING AUTHORITY TO CONSIDER AMENDMENT TO THE COUNTY'S CONGREGATE HOUSING REGULATIONS INCREASING THE NUMBER OF DAYS FOR OPERATION OF HOUSING FACILITIES FROM 270 DAYS TO 330 DAYS IN A CALENDAR YEAR. (SUPERVISOR WINTER)

     

    NON-SPECIFIC DATE - DISCUSSION AND POSSIBLE ACTION REGARDING REQUEST FOR FUNDING TO CONSTRUCT A FIRE STATION IN THE LAKE BERRYESSA AREA. (CHAIRMAN LUCE)

     

    35. Continued

     

    3/2/99 - COUNTY ADMINISTRATOR REQUESTS AMENDMENT OF 1999 MEETING SCHEDULE FOR THE BOARD OF SUPERVISORS TO SPECIFY THAT THE BOARD WILL MEET ON TUESDAY, MARCH 30, 1999 AND WILL NOT MEET APRIL 6, 1999. (CHAIRMAN LUCE)

  3. Department Headsí Reports and Announcements.

NONE

 

Adjournment

ADJOURNED TO BOARD OF SUPERVISORSí REGULAR MEETING, TUESDAY,

MARCH 2, 1999 AT 9:00 A.M.

 

MARK LUCE

Chairman

ATTEST:

TERI SISSON

Supervising Clerk of the Board

KEY

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