MINUTES OF THE MEETING OF THE
BOARD OF SUPERVISORS
NAPA COUNTY
September 14, 1999
1. Call to Order; Roll Call.
THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, SEPTEMBER 14, 1999 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRMAN MARK LUCE, SUPERVISORS MIKE RIPPEY, MEL VARRELMAN, KATHRYN WINTER AND BRAD WAGENKNECHT.
2. Pledge of Allegiance.
LINDA EMERSON, ATTORNEY WITH THE LAW FIRM OF DICKENSON, PEATMAN AND FOGARTY LED THE SALUTE TO THE FLAG.
3. Public Comment.
TODD ADAMS ADDRESSED THE BOARD CONCERNING VINEYARD DEVELOPMENT AND ADVISED REGARDING THE NATIVE PLANT PROTECTION ACT REQUESTING CONSIDERATION OF SURROUNDING HABITAT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
MIKE JOELL, PLANNING CONSULTANT FOR JOHN AND GIOVANNA SCRUBY AND THE NEIGHBORS INVESTED IN A CLEAN ENVIRONMENT (N.I.C.E.) QUESTIONED WHEN THE APPROPRIATE TIME WOULD BE TO ADDRESS THE BOARD REGARDING THE REPORT ON STATUS OF COMPLIANCE WITH APPLICABLE PROVISIONS OF THE NAPA COUNTY CODE AND USE PERMIT CONDITIONS – MUSTARDS GRILL/CONSENTINO WINERY (ITEM NUMBER 27).
THE CHAIRMAN ADVISED MR. JOELL TO SPEAK ON THE MATTER DURING ITEM NUMBER 27.
SUPERVISOR WINTER READ A STATEMENT ABOUT A DOCUMENTARY ENTITLED "CLIMB AGAINST THE ODDS", DEDICATED TO MARCY ELY-WILSON, WHO LOST HER COURAGEOUS BATTLE WITH BREAST CANCER THIS PAST SPRING. SHE ANNOUNCED THAT THE DOCUMENTARY WILL AIR ON MONDAY, SEPTEMBER 20, 1999 AT 9:00 P.M. ON KQED PUBLIC TELEVISION.
TERRY LONGORIA, DIRECTOR OF HEALTH AND HUMAN SERVICES INTRODUCED DR. PATRICIA TYLER, AS THE COUNTY’S NEW PSYCHIATRIC MEDICAL DIRECTOR.
DR. TYLER EXPRESSED HER PLEASURE TO BE PART OF THE COMMUNITY AND TO WORK WITH MRS. LONGORIA.
CANDACE ELIZA SPOKE RELATIVE TO BREAST CANCER AND OTHER HEALTH CONCERNS SHE HAS WHICH SHE BELIEVES ARE CAUSED BY ELECTROMAGNETIC FIELDS.
Consent Calendar
4. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign an agreement with Pacific Union College (PUC) reciting terms and conditions for placement of interns from the PUC nursing programs in Health Clinics of Health and Human Services Agency for the term July 28, 1999 through July 28, 2001.
A-4210
5. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 3742 with the California Department of Health Services (CDHS) for the term July 1, 1999 through June 30, 2000 with a maximum of $1,000 to fund County activities to enroll eligible persons in the AIDS Drug Assistance Program (ADAP).
A-3742
6. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign an agreement with Queen of the Valley Hospital for a maximum of $25,000 for the term July 1, 1999 through June 30, 2000 to provide services according to the County’s Tobacco Control Plan.
A-4211
7. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign Amendment No. 3 to Agreement No. 3099 with Mercy-St. Helena Ambulance Services, extending the term through February 29, 2000.
A-3099
(AMEND. 3)
8. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4089 with the County of Sonoma for a maximum of $111,810 to continue as a member of the Regional Emergency Medical Services Agency for the term July 1, 1999 through June 30, 2000.
A-4089
9. Agricultural Commissioner requests approval of and authorization for Chairman to sign renewals of the following agreements with the California Department of Food and Agriculture (CDFA) and the United States Department of Agriculture (USDA) for the term July 1, 1999 through June 30, 2000:
locations with revenue not to exceed $738;
A-1030
revenue not to exceed $500;
A-1992
revenue not to exceed $33,314; and
A-1812
of $42,840.
A-2036
10. Agricultural Commissioner requests adoption of two resolutions approving and authorizing the Chairman to sign the following agreements with the California Environmental Protection Agency, Department of Pesticide Regulation for the term
July 1, 1999 through June 30, 2000:
Pesticide Permit Regulations with revenue not to exceed $20,460; and
R-99-110
A-1733
to the Department of Pesticide Regulation with revenue not to exceed $10,200.
R-99-111
A-3307
11. Agricultural Commissioner requests approval of and authorization for Chairman to sign an agreement with the California Department of Food and Agriculture (CDFA) in the amount of $3,404 for the term July 1, 1999 through June 30, 2002 for reimbursement of costs associated with the performance of enforcement of the California Organic Foods Act.
A-4212
12. Agricultural Commissioner requests approval of and authorization for Chairman to sign renewals of the following agreements with the California Department of Food and Agriculture (CDFA), Division of Measurement Standards, for the term July 1, 1999 through June 30, 2004:
and sampling of petroleum products, with revenue not to exceed $2,325 per fiscal
year and not to exceed $11,625 through June 30, 2004; and
A-2683
A-3547
13. Director of Public Works requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4166 with Glass Architects, increasing the amount by $6,995, for a new maximum of $68,215 and adding the remodel of the Historic Courthouse’s entrance for handicapped accessibility to the scope of work.
A-4166
(AMEND. 1)
14. Director of Public Works requests acceptance of the work as complete and authorization for Chairman to sign and file a Notice of Completion with the Clerk/Recorder for Contract No. PW 98-07 "Napa County Assessor/Recorder Public Access Remodel Project."
15. Director of Public Works requests authorization to award the contract for "Hazardous Material Removal at 1436 Polk Street, Napa" PW 99-12, to Northern Abatement Company, Inc. of American Canyon, California for their low bid of $33,950.
16. Director of Public Works requests approval of plans and specifications for the "Administration and Hall of Justice Parking Overlay and Sheriff’s Parking Expansion Project," PW 99-11, authorization to advertise for bids and setting 3:30 P.M. on October 7, 1999 for opening of sealed bids.
17. Director of Public Works requests authorization for Chairman to sign a Grant of Easement from the County to Pacific Gas and Electric Company (PG&E) to relocate an electrical pole line and some underground electrical wiring at the Napa County Airport.
18. Director of Public Works requests approval to nominate James C. Hanson, Consulting Civil Engineer, as Napa County’s representative on the Putah Creek Watermaster Advisory Committee.
19. Director of Public Works requests approval of and authorization for Chairman to sign an agreement with O’Mahony & Myer for the following amounts, for the term
September 14, 1999 through September 6, 2000 for electrical engineering design work relating to the following:
A. Generator EG-1 to serve Health and Human Services, Buildings A-J:
Pre-purchase services - $3,250 fee;
Architectural fee of $2,000;
Construction documents, bidding and construction administration services fee for an amount equal to 9% of the lesser of: i) the preliminary estimate of $136,400, or ii) the bid award total for both, the pre-purchased generator and construction.
19. Continued
B. Generator EG-2 to serve Health and Human Services, Building K:
Pre-purchase services - $3,250 fee;
Architectural fee of $2,000;
Construction documents, bidding and construction administration services fee for an amount equal to 9% of the lesser of: i) the preliminary estimate of $125,000, or ii) the bid award total for both, the pre-purchased generator and construction.
A-4213
20. Acting Job Training Director requests approval and authorization for Chairman to sign a letter in support of restored funding for workforce development services as included in the Labor, Health, Human Services and Education Appropriations bill. (4/5 vote required)
21. County Counsel requests authorization for the Auditor/Controller to pay a claim which is over one year old in the amount of $32.50 for legal services submitted by Lisa O’Brien.
22. Discussion of Items Removed from the Consent Calendar.
APPROVED CONSENT CALENDAR NUMBERS 1 THROUGH 21.
BW-W-R-V-L
Set Matters
23. 9:15 a.m. - Public Hearing - Consideration and adoption of a resolution, including a Decision on Appeal and Findings of Fact, denying the cross appeals of Staglin and 27 citizens from the decision of the Conservation, Development and Planning Commission to approve Use Permit No. 98072-UP allowing the establishment of a 36,000 gallon per year winery on a proposed 11.8 acre parcel approximately 5,000 feet southwest of State Highway 29 in an Agricultural Preserve (AP) Zoning District and upholding approval of the use permit by the Commission subject to revised conditions of approval.
PUBLIC HEARING HELD
ADOPTED RESOLUTION R-BW-V-W-L R-99-112
N
24. 9:15 a.m. - Public Hearing Board to consider appeal filed by Linda Emerson, on behalf of Susan and Thomas Jinks, to Condition No. 2 of Conditional Certificate of Compliance No. 97516-COC, requiring the paving of the access road, as approved by the Zoning Administrator on March 5, 1999 to recognize a 19.80 acre parcel as a separate, legal lot of record, located approximately 4,000 feet east of Silverado Trail, 9,000 feet southeast of Yountville Cross Road, within an Agricultural Watershed (AW) Zoning District. (Assessor’s Parcel No. 032-400-025) Environmental Determination: Exempt from the California Environmental Quality Act (CEQA). (Continued from June 8, 1999) (Appellant Requests Continuance)
PUBLIC HEARING HELD
REMOVED FROM CALENDAR
W-V-R-BW-L
25. 9:15 a.m. – Public Hearing - Board to consider appeal filed by Michael E. Williamson, on his behalf and on behalf of the Summit Lake Drive Preservation Coalition, to a decision by the Conservation, Development and Planning Commission on April 7, 1999 to adopt a Negative Declaration and approve Use Permit Request No. 98183-UP of Robert Craig Winery, L.P. to establish a new winery with a production capacity of 25,000 gallons/year (including custom production up to 5,000 gallons/year produced by a maximum of two (2) custom production operations involving crushing, fermentation, barrel aging and bottling), the construction of a 12,000 + square foot winery building, retail sales and a marketing plan, located on a 20.19 acre parcel, the south side of Summit Lake Drive, approximately 1-1/4 miles west of its intersection with White Cottage Road, within an Agricultural Watershed (AW) Zoning District. (Assessor’s Parcel No. 018-060-072) Environmental Determination: Negative Declaration Prepared. (Continued from July 13 and 20, 1999)
PUBLIC HEARING CONTINUED TO NOVEMBER 9, 1999 AT 9:15 A.M.
W-V-R-BW-L
26. 1:30 p.m. – Open Fiscal Year 1999-2000 Final Budget Hearings (See Schedule for Fiscal Year 1999-2000 Final Budget Hearings Agenda)
FISCAL YEAR 1999-2000 FINAL BUDGET HEARINGS OPENED
A. Receive Budget overview presentation from the County Administrator;
OVERVIEW PRESENTED
Hearings;
REPORT ACCEPTED
and
COMMENTS ACCEPTED
D. Upon conclusion of public and Board comment, commence discussion of individual
budget units, programs and priorities.
DISCUSSION COMMENCED
GENERAL ADMINISTRATION BUDGETS
Budget Suppl.
Budget No. Budget Unit Page No. Report
10100 Board of Supervisors A4 YES
THE BOARD APPROVED BUDGET IN THE AMOUNT OF $365,133
V-BW-R-W-L
10200 County Administrator A8 YES
THE BOARD APPROVED BUDGET IN THE AMOUNT OF $1,185,879
V-BW-R-W-L
GENERAL ADMINISTRATION BUDGETS
Budget Suppl.
Budget No. Budget Unit Page No. Report
10300 Clerk of the Board A12
THE BOARD APPROVED BUDGET IN THE AMOUNT OF $296,820
V-K-R-BW-L
12500 County Counsel A36
THE BOARD APPROVED BUDGET IN THE AMOUNT OF $1,545,217
V-W-R-BW-L
13000 Personnel Services DIVISION A40
THE BOARD APPROVED BUDGET IN THE AMOUNT OF $903,968
V-W-R-BW-L
13600 Primary-General Elections A44
THE BOARD APPROVED BUDGET IN THE AMOUNT OF $874,540
BW-V-R-W-L
14200 Communications A48 YES
THE BOARD APPROVED BUDGET IN THE AMOUNT OF $510,800
V-W-R-BW-L
14500 Records Management/Mail Services A52 YES
THE BOARD APPROVED BUDGET IN THE AMOUNT OF $427,851
V-BW-R-W-L
17700 Management Information Services A94 YES
THE BOARD APPROVED BUDGET IN THE AMOUNT OF $4,078,978
W-V-R-BW-L
17800 Central Services A98 YES
THE BOARD APPROVED BUDGET IN THE AMOUNT OF $7,225,535
BW-W-R-V-L
18100 Insurance - Workers’ Compensation A110 YES
The BoarD APPROVED BUDGET IN THE AMOUNT OF $1,606,495
V-BW-R-W-L
18200 Insurance A114
THE BOARD APPROVED BUDGET IN THE AMOUNT OF $1,581,948
V-W-R-BW-L
18300 Insurance - Liability A118
THE BOARD APPROVED BUDGET IN THE AMOUNT OF $1,354,500
W-V-R-BW-L
GENERAL ADMINISTRATION BUDGETS
Budget Suppl.
Budget No. Budget Unit Page No. Report
26400 Agricultural Commissioner/Sealer A174 YES
THE BOARD APPROVED BUDGET IN THE AMOUNT OF $1,291,900
V-W-R-BW-L
50500 Training AND Employment A266
THE BOARD APPROVED BUDGET IN THE AMOUNT OF $2,493,167
BW-W-R-V-L
50600 regional training employment A270
THE BOARD APPROVED BUDGET IN THE AMOUNT OF $1,210,538
W-BW-R-V-L
61200 lIBRARY A278 YES
THE BOARD ADOPTED BUDGET IN THE AMOUNT OF $2,999,499
W-BW-R-V-L
61500 Cooperative Extension A284 YES
THE BOARD ADOPTED BUDGET IN THE AMOUNT OF $277,617
W-V-R-BW-L
84000 Debt Service - C.O.P. A288
THE BOARD ADOPTED BUDGET IN THE AMOUNT OF $4,706,148
V-BW-R-W-L
FINANCE BUDGETS
11000 Auditor-Controller A20
THE BOARD ADOPTED BUDGET IN THE AMOUNT OF $1,315,843
V-BW-R-W-L
11300 Non-Departmental Revenue A24
THE BOARD ADOPTED BUDGET IN THE AMOUNT OF $40,300,322
V-BW-R-W-L
11600 Treasurer-Tax Collector A28 YES
THE BOARD ADOPTED BUDGET IN THE AMOUNT OF $1,023,051
V-BW-R-W-L
FINANCE BUDGETS
Budget Suppl.
Budget No. Budget Unit Page No. Report
11700 Assessor A32 YES
THE BOARD ADOPTED BUDGET IN THE AMOUNT OF $1,400,414
BW-V-R-W-L
28000 Recorder/COUNTY CLERK A188 YES
THE BOARD ADOPTED BUDGET IN THE AMOUNT OF $644,009
W-BW-R-V-L
HUMAN SERVICES BUDGETS
40000 Physical Health A236 YES
THE BOARD ADOPTED BUDGET IN THE AMOUNT OF $7,557,240
BW-W-R-V-L
42000 Behavioral Health A252 YES
THE BOARD ADOPTED BUDGET IN THE AMOUNT OF $12,299,361
BW-W-R-V-L
50000 Human Services DELIVERY SYSTEM a258
THE BOARD ADOPTED BUDGET IN THE AMOUNT OF $2,354,607
V-BW-R-W-L
50100 Department of Social Services A262 YES
THE BOARD ADOPTED BUDGET IN THE AMOUNT OF $19,789,103
BW-L-R-V-W
Regular Calendar
27. Report on status of compliance with applicable provisions of the Napa County Code and Use Permit Conditions – Mustards Grill/Cosentino Winery.
SUPERVISOR VARRELMAN REQUESTED A HISTORY OF COMPLAINTS INCLUDING THOSE FILED WITH THE DISTRICT ATTORNEY.
REPORT PRESENTED
CHAIRMAN LUCE REQUESTED THE DIRECTOR OF ENVIRONMENTAL MANAGEMENT TO PRESENT COMMENTS TO BE SUBMITTED TO THE STATE WATER RESOURCES BOARD FOR REVIEW SEPTEMBER 28, 1999.
28. Discussion and possible action including, but not limited to, the following legislation:
SB 1148 (Burton) Housing discrimination: restrictive covenants.
THE BOARD WENT ON RECORD IN OPPOSITION TO SB 1148 AND STAFF WAS INSTRUCTED TO FORWARD A LETTER TO GOVERNOR GRAY DAVIS REQUESTING THAT HE VETO THE BILL.
V-W-R-BW-L
29. Board of Supervisors’ Committee Reports and Announcements.
SUPERVISOR VARRELMAN REPORTED ON THE FOLLOWING:
LETTER FROM CONSTITUENT CONCERNING ACTIVITY/EVENT HELD ON DIAMOND MOUNTAIN ROAD. (LETTER REFERRED TO STAFF)
BED & BREAKFAST OWNERS THAT DO NOT PAY TRANSIENT OCCUPANCY TAX ARE COMMITING A FELONY.
SUPERVISOR WINTER REPORTED ON THE FOLLOWING:
NAPA COUNTY TRANSPORTATION PLANNING AGENCY (NCTPA) MEETING ON WEDNESDAY, SEPTEMBER 15, 1999 AT 2:00 P.M. AT YOUNTVILLE TOWN HALL WITH REGARD TO STATE ROUTE 29/TRANCAS STREET/REDWOOD ROAD INTERCHANGE LOWER COST ALTERNATIVES STUDY.
NCTPA MEETING ON WEDNESDAY, OCTOBER 20, 1999 AT 2:00 P.M. AT YOUNTVILLE TOWN HALL WITH REGARD TO STRATEGIC TRANSPORTATION PLAN.
CONSTITUENT REPORT OF HILLSIDE GRADING VIOLATION THAT OCCURRED OVER LABOR DAY WEEKEND.
SCA 3 (BURTON) RE: TRANSPORTATION BONDS BILL WAS NOT PASSED.
SUPERVISOR RIPPEY REPORTED ON THE FOLLOWING:
GANG VIOLENCE PREVENTION TASK FORCE MEETING AT YOUNTVILLE ELEMENTARY SCHOOL ON MONDAY,
SEPTEMBER 20, 1999 AT 6:30 P.M.
CITY OF AMERICAN CANYON IS CLOSE TO SECURING LARGE WETLAND ACREAGE FOR PURCHASE, MANAGEMENT AND RESTORATION FROM CAL FED AND LETTER OF SUPPORT FROM BOARD OF SUPERVISORS MAY BE REQUESTED.
29. Continued
CITY OF AMERICAN CANYON AND NAPA COUNTY LAND TRUST ARE ACQUIRING A DONATED PARCEL ON THE EAST SIDE OF THE CITY NEAR LYNCH CANYON FROM JACK NEWELL TO BE USED FOR PUBLIC ACCESS/ OPEN SPACE AND THEY ARE WORKING ON SECURING A GRANT FROM THE CALIFORNIA COASTAL CONSERVATORY FOR THE FIRST FEW YEARS.
LEGISLATION PASSED TO PLACE WATER BONDS ON THE BALLOT IN MARCH 2000 FOR FLOOD CONTROL SUBVENTIONS WHICH INCLUDES THE NAPA RIVER FLOOD CONTROL PROJECT.
CHAIRMAN LUCE REPORTED ON THE FOLLOWING:
AMERICAN CANYON LANDFILL HAS 250,000 YARDS OF SPACE THAT STILL NEEDS TO BE FILLED BEFORE IT CAN BE PERMANENTLY CLOSED.
AMERICAN CANYON CITY COUNCIL AND SOLANO-NAPA WASTE MANAGEMENT AUTHORITY DISCUSSIONS AND RATE REDUCTION WITH WASTE HAULERS.
CITY OF AMERICAN CANYON DECISION WHETHER TO JOIN THE NAPA SANITATION DISTRICT (NSD) WILL AFFECT THE SIZE OF THE PIPELINE.
NSD MOVING FORWARD WITH SECOND CLARIFIER TO INCREASE PRODUCTION AND NEGOTIATIONS ON FINAL BID FOR THE PROJECT TO BE UNDERWAY NEXT YEAR.
30. Board of Supervisors’ Future Agenda Items.
NON-SPECIFIC DATE – CONSERVATION, DEVELOPMENT AND PLANNING DIRECTOR TO REVIEW ACTIVITIES/EVENTS HELD AT WINERIES LOCATED IN RURAL AREAS OF THE COUNTY. (SUPERVISOR VARRELMAN)
NON-SPECIFIC DATE – DISCUSSION AND POSSIBLE ACTION REGARDING PROLIFERATION OF BED AND BREAKFASTS.
(SUPERVISOR VARRELMAN)
NON-SPECIFIC DATE – CONSERVATION, DEVELOPMENT AND PLANNING DIRECTOR, SHERIFF AND DISTRICT ATTORNEY TO REPORT ON COORDINATED ENFORCEMENT TO RESPOND TO HILLSIDE GRADING VIOLATIONS INCLUDING POSSIBLE PUNITIVE ACTION. (SUPERVISORS WINTER AND VARRELMAN).
31. Department Heads’ Reports and Announcements.
NONE
32. Closed Session regarding:
Conference with Legal Counsel – Anticipated Litigation
Significant exposure to litigation pursuant to Government Code Section 54956.9(b): (One case)
CLOSED SESSION HELD – NO REPORT
Adjournment
ADJOURNED TO WEDNESDAY, SEPTEMBER 15, 1999 AND THURSDAY, SEPTEMBER 16 AT 9:00 A.M. FOR CONTINUATION OF FISCAL YEAR 1999-2000 FINAL BUDGET HEARINGS AND TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, SEPTEMBER 21, 1999.
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