MINUTES OF THE MEETING OF THE

BOARD OF SUPERVISORS

NAPA COUNTY

January 11, 2000September 14, 1999

 

1. Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, JANUARY 11, 2000SEPTEMBER 14, 1999 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRMAN MEL VARRELMANAR,K LUCE, SUPERVISORS MIKE RIPPEY, MARK LUCEEL VARRELMAN, KATHRYN WINTER AND

BRAD WAGENKNECHT. AND BRAD WAGENKNECHT.

2. Pledge of Allegiance.

LORENZO ZIALCITA, ADMINISTRATIVE ANALYST WITH THE COUNTY ADMINISTRATOR’S OFFICE, LED THE SALUTE TO THE FLAG.

LINDA EMERSON, ATTORNEY WITH THE LAW FIRM OF DICKENSON, PEATMAN AND FOGARTY LED THE SALUTE TO THE FLAG.

3. Presentation of Proclamation on behalf of the Napa County Commission on Self-Esteem recognizing "Community Heroes".

DR. MILSTONE, 1999-2000 NAPA COUNTY GRAND JURY MEMBER LED THE SALUTE TO THE FLAG.
  1. Public Comment.

    2. CANDACE ELIZA SPOKE CONCERNING HOMELESS RIGHTS FOR RESPECT OF THEIR PERSONAL PROPERTY AND PRIVACY AND REQUESTED HELP FOR THE HOMELESS.CUDDER ADDRESSED THE BOARD

    AND AERS OF HILL AND DALE, OF SUPPORT FOR LETTER WRITTEN BY THE MT. VEEDER-LOKOYA SAFETY & PRESERVATION ASSOCIATION AND THEIR RECOMMENDATION TO CEASE THE GROWTH ON MT. VEEDER PENDING EVALUATION OF THE AFFECT OF THE EXISTING DEVELOPMENT.

     

     

     

     

     

    Consent Calendar

  2. Chief Probation Officer requests the following:

    3. A. Adopt a resolution accepting an agreement with the State of California, State Board of Control, in the amount of $20,144 for the Restitution Program; and

    B. Approve and authorize the Chief Probation Officer to sign an agreement with the State Board of Control in the amount of $20,144 for the term July 1, 1999 through June 30, 2000 to track restitution claims filed by crime victims.

  3. Public Defender requests authorization for payment of a claim that is more than one year old from Richard Geisler, Ph.D., in the amount of $315 for psychological evaluations.

  4. Public Defender requests approval to authorize employee up to 500 hours of voluntary leave without pay.

  5. Sheriff requests authorization for out-of-state travel for Senior Deputy

Stephen Sprengelmeyer and Deputy Mark Foster to attend the Institute of Police Technology and Management, Inspection and Investigation of Commercial Vehicle Accidents School on November 15-19, 1999 in Tempe, Arizona for an approximate cost of $2,900 for both officers.

9. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the following agreements for provision of services under the Answers Benefiting Children (ABC) grant, for the term July 1, 1999 through June 30, 2000:
    1. Agreement with ALDEA, Inc. for a maximum of $62,523;

      2. B. Agreement with Family Service of the North Bay, Inc. for a maximum of $47,423;

      C. Agreement with Napa County Council for Economic Opportunity, Inc. for a maximum of $42,523; and

    2. D. Agreement with Volunteer Center of Napa County, Inc. for a maximum of $10,600.

APPROVED BW-W-R-V-L

A

 

10. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign Amendment Nos. 1 and 2 to Agreement No. 3579 with the California Department of Drug and Alcohol Programs for the term July 1, 1998 through June 30, 1999 amending reporting requirements and establishing a new total allocation of $1,460,873.

11. 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 97-26, "Napa County Hall of Justice Fire Alarm System Upgrade Project."

  1. Acting Job Training Director requests approval of and authorization for Chairman to sign an agreement with the State of California Employment Development Department/Job Training Partnership in the amount of $177,524 for the term July 16, 1999 through

July 15, 2002 to provide Welfare-to-Work programs.

13. Acting Job Training Director requests approval of and authorization for Chairman to sign the following:

A. JTPA Title II Master Subgrant Closeout No. G700101 for $919,520 for the period July 1, 1996 to June 30, 1999;

B. JTPA Title II Capacity Building Subgrant Line Item Closeout No. G900122 for $25,000 for the period July 1, 1998 to June 30, 1999;

C. JTPA Title III Subgrant Closeout No. G800181 for $1,401,862 for the period

July 1, 1997 to June 30, 1999; and

D. JTPA Title III Rapid Response Subgrant Line Item Closeout No. G900181 for $99,893 for the period July 1, 1998 to June 30, 1999.

14. County Counsel requests approval of and authorization for Chairman to sign Amendment No. 6 to Agreement No. 3881 with Miller, Starr and Regalia for representation of the County of Napa in the matter of Napa Citizens for Honest Government et al. v. Napa County Board of Supervisors which will increase the contract maximum by $60,000.

 

 

 

 

15. Personnel Director requests amendment of the Departmental Allocation List and Table and Index for District Attorney (Budget Unit 22400), effective October 2, 1999 as follows:

A. Add one (1) Assistant District Attorney and delete one (1) Chief Deputy District Attorney; and

B. Add one (1) Chief Deputy District Attorney-Criminal Division and authorize deletion of subsequent vacancy.

16. Personnel Director requests amendment of the Departmental Allocation List for Public Defender (Budget Unit 22600) deleting one (1) Administrative Office Assistant and adding one (1) Staff Services Analyst I, effective September 21, 1999.

17. Regional Training Employment Coordinator requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4176 with Unified Solutions increasing the contract by $1,868 for a new maximum of $23,880 upgrading the e-mail software.

18. County Administrator requests approval of the proposed responses to the 1998/99 Grand Jury Report and authorization for Chairman to sign the letter transmitting the responses to the Presiding Judge of the Superior Court.

19. Adoption of Retirement Resolution No. 99-109 for Betty McNairy, Supervising Public Health Nurse, Physical Health Department, in recognition of 20 years of service.

 

  1. Discussion of items removed from the Consent Calendar.

Set Matters

21. 9:00 a.m. - Presentation by the Auditor-Controller regarding adoption of the FY 1999/00 Final County Budget:

PRESENTATION MADE

    1. Adoption of a resolution establishing the final appropriation and revenue levels for the FY 1999/00 Final Budget for the County of Napa; and

ADOPTED RESOLUTION V-BW-R-W-L R-99-114

 

 

 

  1. Continued

Adoption of a resolution establishing the FY 1999/00 appropriation limit and the

estimated revenue subject to the limit for the County of Napa, as required by Article XIII-B of the California Constitution.

ADOPTED RESOLUTION V-BW-R-W-L R-99-115

22. 9:00 a.m. - Auditor-Controller requests adoption of a resolution establishing the final appropriation and revenue levels for the 1999/00 Final Budget for County Service Area

No. 3 governed by the Board of Supervisors.

ADOPTED RESOLUTION W-V-R-BW-L R-99-116

  1. 9:00 a.m. - Board of Supervisors meeting as the Board of Directors of the Lake Berryessa Resort Improvement District.

    2. (SEE LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)

  2. 9:00 a.m. - Board of Supervisors meeting as the Board of Directors of the Napa-Berryessa Resort Improvement District.

    3. (SEE NAPA-BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)

  3. 9:00 a.m. - Board of Supervisors meeting as the Board of Trustees of the Monticello Public Cemetery District.

    4. (SEE MONTICELLO PUBLIC CEMETERY DISTRICT MINUTES)

  4. 9:00 a.m. - Board of Supervisors meeting as the Board of Directors of the Silverado Community Services District.

    5. (SEE SILVERADO COMMUNITY SERVICES DISTRICT)

  5. 9:15 a.m. - Recess to the Napa County Flood Protection and Watershed Improvement Authority (NCFPWIA) Special Meeting. (See NCFPWIA Agenda)

    6. (SEE NAPA COUNTY FLOOD PROTECTION AND WATERSHED IMPROVEMENT AUTHORITY MINUTES)

  6. 9:15 a.m. – Public Hearing - Board to consider application for Temporary Event License Request No. 99086-E filed by Oberlin Dance Collective/San Francisco to hold a fund-raiser (An Evening In The Country) with wine tasting, dinner, fashion show and dance performances by the Dance Company at Niebaum-Coppola Estate Winery on Saturday, September 25, 1999 from 6:30 p.m. to 10:00 p.m. with an expected attendance of 400 persons at 1991 St. Helena Highway, St. Helena. (Assessor’s Parcel No. 027-210-018)

PUBLIC HEARING H

 

29. 9:30 a.m. – Public Hearing - First reading and intention to adopt an ordinance repealing current Chapter 8.28 of the Napa County Code pertaining to the regulation of fireworks, adding a new Chapter 8.28 pertaining to fireworks and making other conforming changes to Chapter 5.36 (Temporary Events). Environmental Determination: Exempt from the California Environmental Quality Act (CEQA).

  1. 9:45 a.m. - Director of Public Works/Aviation requests the following actions relating to the Napa Rotary Club-sponsored Air Show at the Napa County Airport on October 16 and 17, 1999 (4/5 vote required):

    1. Approval of and authorization for Chairman to sign a concession agreement

      2. with the Napa Rotary Club for the Air Show; and

    2. Authorization for the Temporary Events Fee of $310 to be collected by the

Department of Public Works.

31. 10:00 a.m. - Harold Moskowite to present a report on the Capell Valley Fire Station.

32. 10:00 a.m. - Closed session regarding:

Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(a))

Name of case: Alan Cowardin et al. v. Board of Supervisors for the County of Napa and John Tuteur, Registrar of Voters for the County of Napa, Superior Court Case No. 26-07036.

 

  1. 10:15 a.m. - Discussion and possible action relating to the adoption of a resolution ordering that a special election be conducted on either the 7th, 14th or 21st of December, 1999, to enable the voters to determine whether or not the ordinance proposed by the Aetna Springs Initiative should be adopted.

CONTINUED TO SEPTEMBOC

 

34. 1:30 P.M. Recess to the Napa County Flood Control and Water Conservation District (NCFCWCD) meeting. (See NCFCWCD Agenda)

(SEE NAPA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT MINUTES)

Regular Calendar

 

  1. Public Comment.

    2. SUZANNE CREWS ADDRESSED THE BOARD CONCERNING RAISING FUNDS FOR DOG SHELTER FACILITIES.

    THE MATTER WAS REFERRED TO STAFF FOR REPORT.

  2. Department Heads’ Reports and Announcements.

    3. NONE

  3. Sheriff requests approval of the following actions related to the 1999 Local Law Enforcement Block Grant from the Federal Block Grant program:

    1. Acceptance of $40,566 and authorization for the County Administrator to sign the grant documents; and

      2. APPROVED AS AMENDED TO INDICATE THE GRANT IS IN THE AMOUNT OF $45,073 (RATHER THAN $40,566).

    2. Approval of Budget Transfer No. 37 transferring $4,507 from the Asset Forfeitures Trust (Budget Unit 23500) to the Block Grant Trust to meet the match requirements.

BT-37

  1. Superior Court requests one (1) Judicial Assistant I-Limited Term (LT) be deleted from Budget Unit 21000 and one (1) Judicial Assistant II position be allocated to Budget

Unit 20200, effective January 22, 2000.

7. Agricultural Commissioner requests approval of and authorization for Chairman to sign an agreement with the California Department of Food and Agriculture (CDFA) for the term July 1, 1999 through June 30, 2000 to perform high-risk pest exclusion inspection services.

A-4103

 

 

 

 

 

 

 

8. Bridge Rail Replacement and Installation at Various Locations Project," RDS 98-13-R:

    1. Approval of Budget Transfer No. 38 moving $80,000 within Roads (Budget Unit 1090), from the appropriation for Services and Supplies, into the appropriations for guard rail and bridge rail with no change in the bottom line;

BT-38

B. Authorization to award the construction contract to Apex Fence Co., Inc. of Anderson, California for their low bid of $407,250; and

C. Authorization for Chairman to sign the construction contract.

  1. Personnel Director requests authorization to pay vacation accrued over 240 hours to a former employee of the U.C. Cooperative Extension.

BW-R-L-W-V

A

10. Regional Training Employment Coordinator requests approval of and authorization for Chairman to sign the following amendments related to the North Bay Employment Connection grant:

A. Amendment No. 1 to Agreement No. 4175 with JMPT Consulting extending the term through December 31, 1999 to complete contract objectives; and

A-4175

(AMEND. 1)

    1. Amendment No. 2 to Agreement No. 4125 with Private Industry Council of Solano County, Inc. increasing the amount by $78,120 for a new maximum of $217,001 and extending the term through June 30, 2000 for the continued implementation of regional staff development.

A-4125

(AMEND. 2)

11. County Administrator requests the following actions effective January 11, 2000:

A. Amend the Departmental Allocation List for County Administrator (Budget Unit 10200) to add one (1) (MC) Management Analyst III, one (1) 0.5 (C) Secretary, one (1) Senior Buyer and one (1) Buyer I/II and authorization to delete subsequent vacancies;

B. Amend the Table and Index of classes to add a Senior Buyer, Buyer I/II and delete Purchasing Clerk when appropriate; and

C. Approve new class specifications for Senior Buyer and Buyer I/II.

(Details on file with the Clerk of the Board)

12. County Administrator requests approval of Budget Transfer No. 39 transferring $302,700 from Appropriations for Contingencies to Central Services Budget Unit 17800 ($200,000) and Capital Improvement Budget Unit 16000 ($102,700) for purchase of electronics and equipment and construction of a jury room for the four defendant trial as approved by the Board on January 4, 2000.

BT-39

13. County Administrator requests approval to add May 30, 2000 to the list of dates the Board will not meet.

14. Appoint the following persons to serve on the Advisory Board on Drug and Alcohol Programs with the terms of office to expire January 1, 2003:

Applicant Category of Appointment

Denys J. Michaud (Incumbent) Interested Citizen

Christine Wheelan (Incumbent) Interested Citizen

Patricia M. Baird (Incumbent) Recovering Community

Mark F. Bozzini Interested Citizen

 

15. Approve minutes of Board of Supervisors’ meetings of December 14 and 22, 1999.

16. Discussion of items removed from the Consent Calendar.

NONE

APPROVED CONSENT CALENDAR NUMBERS 5 THROUGH 15, AS AMENDED. BW-R-L-W-V

 

Set Matters

 

17. 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, on 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, July 20, September 14, November 9 and November 23, 1999)

(Applicant requests continuance to March 14, 2000 at 9:15 a.m.)

PUBLIC HEARING CONTINUED TO MARCH 14, 2000 AT 9:15 A.M.

R-W-L-BW-V

 

 

 

 

 

 

 

 

18. 9:15 a.m. - Public Hearing - Appeal by Robert W. and Ariane M. H. Matschullat of the County of Napa Public Works Department’s approval of a plan for the construction of a left-turn lane to serve the Hagafen Winery on Silverado Trail.

(Staff Recommends continuance to January 25, 2000)

PUBLIC HEARING OPENED – NO TESTIMONY PRESENTED

PUBLIC HEARING CONTINUED TO JANUARY 25, 2000

L-R-W-BW-V

19. 10:00 a.m. - Public Hearing - Adoption of Zoning Ordinance Amendment No. 99055-ORD amending Title 18 of the Napa County Code to comprehensively revise the County’s Sign Regulations last substantially amended in August, 1993 and which are effective countywide. Specifically, the ordinance, if adopted, will amend Chapter 18.116 of the County’s Zoning Ordinance by adding new sections for signs in the Airport Industrial Area and for Agricultural Associations ("appellation"); substantially clarifying procedural requirements; revising the abatement schedule for nonconforming signs; adding size requirements for certain winery signs and prohibiting large billboards.

(Continued from November 23, 1999)

PUBLIC HEARING CONTINUED TO JANUARY 25, 2000

L-R-W-BW-V

20. 11:00 a.m. – Public Hearing - Board to consider appeal filed by John and Giovanna Scruby to a decision by the Director of Conservation, Development and Planning on October 29, 1999 to approve a proposed landscape plan for Cosentino Winery required as a Condition of Approval No. 10 of Use Permit No. 93362-MOD located on a 4.29 acre parcel on the west side of State Highway 29 approximately 1100 feet south of Yount Mill Road within an Agricultural Preserve (AP) Zoning District. (Assessor’s Parcel No. 027-540-013).

Environmental Determination: Exempt from California Environmental Quality Act (CEQA).

PUBLIC HEARING OPENED – TESTIMONY PRESENTED

PUBLIC HEARING CONTINUED TO JANUARY 25, 2000 AT 11:00 A.M.

Regular Calendar

 

21. Discussion and possible action regarding appointments of Board members to various committees, commissions and advisory boards.

(Continued from January 4, 2000)

THE BOARD AGREED THAT THE APPOINTMENTS WOULD REMAIN STATUS QUO, AS LISTED IN THE STAFF REPORT DATED JANUARY 4, 2000 WITH THE EXCEPTION OF THE FOLLOWING:

APPOINTED SUPERVISOR MARK LUCE TO THE ASSOCIATION OF BAY AREA GOVERNMENTS – SAN FRANCISCO BAY AREA ECONOMIC FORUM WITH NO SPECIFIED TERM OF OFFICE.

 

 

21. Continued

APPOINTED SUPERVISOR BRAD WAGENKNECHT TO THE INDEPENDENT HEARING PANEL FOR SOLID WASTE ISSUES WITH THE TERM OF OFFICE TO EXPIRE AUGUST 1, 2001.

APPOINTED SUPERVISOR MARK LUCE TO SERVE AS THE CHAIRMAN OF THE BOARD OF SUPERVISORS’ REPRESENTATIVE ON THE NAPA SANITATION DISTRICT WITH THE TERM OF OFFICE TO EXPIRE JANUARY 1, 2001.

R-BW-L-W-V

22. Discussion and possible action to appoint one (1) Public Member representing the County of Napa to serve on the Napa Sanitation District from the following interested applicants with the term of office to commence December 31, 1999 through December 31, 2000:

Applicants

Arthur C. Hemphill, M.D. (Incumbent)

Keren R. Goeschel

Ernest Heine

THE BOARD REAPPOINTED ARTHUR C. HEMPHILL, M. D.

L-R-W-BW-V

23. Appointment of two (2) Citizen members from the following interested applicants to serve on the Airport Advisory Commission with terms to expire December 31, 2002:

Applicants

Stanley Rosow (Incumbent)

Byron K. Uhl

Fred R. Self

THE BOARD REAPPOINTED STANLEY ROSOW AND APPOINTED

FRED R. SELF. W-R-L-BW-V

24. Discussion and possible action including, but not limited to, the following legislation:

Support of AB 1493 (Nakano) Recording Documents

THE BOARD WENT ON RECORD IN SUPPORT OF AB 1493.

BW-W-R-L-V

 

 

 

 

 

 

 

 

 

 

 

25. Board of Supervisors’ Committee Reports and Announcements.

SUPERVISOR WINTER REPORTED ON THE FOLLOWING:

    • MEETING WITH CITY OF NAPA COMMUNITY RESOURCES (PARKS & RECREATION) AND THEIR ENTHUSIASM REGARDING THE PROPOSAL TO PURCHASE OPEN SPACE LAND IN PERPETUITY THAT IS PART OF THE FLOOD RESTORATION WETLANDS AREA FOR BALL FIELD(S).

    • CAL TRANS PROJECT COSTS FOR ALTERNATIVE PROPOSAL FOR TRANCAS/STATE ROUTE 29 INTERCHANGE.

SUPERVISORS WINTER AND WAGENKNECHT REPORTED ON NAPA VALLEY HOUSING AUTHORITY MEETING.

  1. Board of Supervisors’ Future Agenda Items.

1/18/00 - CONSERVATION, DEVELOPMENT AND PLANNING DIRECTOR TO PRESENT REPORT AND CLARIFICATION REGARDING THE HISTORY OF AETNA SPRINGS, INCLUDING THE CONCEPT OF A PARK. (CHAIRMAN VARRELMAN AND SUPERVISOR RIPPEY)

NON-SPECIFIC DATE – PRESENTATIONS IN FAVOR AND IN OPPOSITION TO PROPOSITIONS ON THE MARCH 7TH BALLLOT. (CHAIRMAN VARRELMAN)

27. Closed Session regarding:

A. Conference with Legal Counsel – Anticipated Litigation.

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

B. Conference with Legal Counsel – Existing Litigation

(Government Code Section 54956.9(a)):

Names of cases:

i) Alan Cowardin et al. v. Board of Supervisors for the County of Napa and John Tuteur, Registrar of Voters for the County of Napa. (Napa Superior Court Case No. 26-07036)

    1. Napa Citizens for Honest Government and North Bay Citizens for Responsible Transportation v. County of Napa. (Napa County Superior Court Case No. 26-04014)

CLOSED SESSION HELD – NO REPORT

35. Discussion and possible action regarding legislation.

36. Board of Supervisors’ Committee Reports and Announcements.

37. Board of Supervisors’ Future Agenda Items.

38. Department Heads’ Reports and Announcements.

 

 

 

 

 

 

Adjournment

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, JANUARY SEPTEMBER 1828, 20001999 AT 9:00 A.M.

 

 

 

 

 

 

MEL VARRELMAN

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