MINUTES OF THE MEETING OF THE
BOARD OF SUPERVISORS
March 28, 2000
1. Call to Order; Roll Call.
THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, MARCH 28, 2000 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRMAN MEL VARRELMAN, SUPERVISORS MIKE RIPPEY, MARK LUCE, KATHRYN WINTER AND BRAD WAGENKNECHT.
2. Pledge of Allegiance.
TREASURER-TAX COLLECTOR MARCIA HUMPHREY LED THE SALUTE TO THE FLAG.
CYNTHIA BUTTERFIELD WITH GREENSPACE THE CAMBRIA LAND TRUST PRESENTED A WRITTEN REPORT PREPARED FOR THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION ON PROGRAMS FOR CAPTURING, HANDLING, UTILIZING, AND DISPOSING OF INFECTED PINE MATERIALS TO STOP THE SPREAD OF PITCH CANKER. MS. BUTTERFIELD REQUESTED THE BOARD REVIEW AND ADOPT THE RESOUTION AND ORDINANCE TO IMPLEMENT PROGRAMS.
THE MATTER WAS REFERRED TO STAFF.
BYRON HAWKINS REPORTED ON THE STATUS OF THE REMOVAL OF METHYL TERTIARY BUTYL ETHER (MTBE) FROM GASOLINE AND REQUESTED THE BOARD SUPPORT SB 1971 (MOUNTJOY) TO SPEED UP CALIFORNIA’S PHASE-OUT OF MTBE AND SB 1972 (MOUNTJOY) CALLING FOR A COMPREHENSIVE STUDY OF THE IMPACT OF ADDING ETHANOL TO REFORMULATE GASOLINE.
STAFF WAS INSTRUCTED TO PLACE THE BILLS ON THE APRIL 4, 2000 AGENDA FOR THE BOARD TO TAKE A POSITION ON THE LEGISLATION.
5. 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 $41,800 for the term July 1, 1999 through June 30, 2000 for the provision of therapeutic services to Napa County minors.
7. District Attorney requests authorization to extend the expiration date for an Attorney I/II/III-Limited Term (LT) to June 30, 2001.
8. Sheriff requests approval of Budget Transfer No. 66 transferring $4,471 from the Fingerprint ID Trust Fund (Budget Unit 23500) for maintenance support of the "Live Scan" fingerprinting equipment. BT-66
10. Treasurer/Tax Collector requests approval of the following persons nominated to serve on the Napa County Treasury Oversight Committee with the terms of office to expire on March 31, 2001:
Pam Kindig Auditor-Controller.
Mike Rippey Representative selected by the Board.
Barbara Nemko County Superintendent of Schools or his/her designee.
Bruce Heid A representative selected by a majority of the presiding officers of
the governing bodies of the school districts and community college
Jill Techel A representative selected by a majority of the presiding officers of
the legislative bodies of the special districts in the County that are
required or authorized to deposit funds in the County Treasury.
11. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign an agreement with Alternatives for Better Living, Inc. for a maximum of $18,507 for the term November 1, 1999 through June 30, 2000 to provide services under the "First Impressions" program to clients of the County’s CalWORK’s program.
12. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign an agreement with the County of Marin for a maximum of $15,000 for the term March 28, 2000 through June 30, 2000 for the use of the Marin County Electronic Prehospital Information System (a database) and assistance with its implementation.
13. Director of Health and Human Services Agency and Personnel Director request authorization to amend the Departmental Allocation List, effective April 1, 2000 as follows:
In Budget Unit 42000: Add one (1) Staff Services Analyst I/II and delete one (1) Quality Improvement Coordinator; In Budget Unit 40000: Add one (1) (M) Staff Services Manager;
(Details on File with the Clerk of the Board)
14. Director of Environmental Management requests approval of Budget Transfer No. 68 increasing appropriations in Budget Unit 40500 by $73,332 with offsetting revenues from a California Integrated Waste Management Board grant, for hazardous waste collection and public education events. (Requires 4/5 vote)
16. Director of Public Works requests approval of Budget Transfer Nos. 64 and 65 establishing appropriations totaling $400,000 in Roads (Budget Unit 30000) and Transportation System (Budget Unit 32000) with offsetting revenues, for the emergency repair of Wooden Valley Bridge. BT-64
17. Director of Public Works requests approval of plans and specifications for the "Napa County Airport-Various Projects," PW 99-2, authorization to advertise for bids and setting 3:30 P.M. on April 27, 2000 for opening of sealed bids.
18. Director of Public Works/Aviation requests authorization for Chairman to sign a Certificate of Acceptance of an Avigation and Hazard Easement Deed from George S. Nielson and Diann M. Nielson, Trustees of the Nielson Family Revocable Trust. (Assessor’s Parcel
19. County Counsel requests approval of and authorization for Chairman to sign Amendment No. 8 to Agreement No. 3881 with Miller, Starr and Regalia increasing the amount by $50,000 for a new maximum of $260,000, with no change in term, to provide supplemental legal services. A-3881
20. Personnel Director and Agricultural Commissioner/Sealer request:
21. County Administrator requests adoption of a resolution renewing the delegation of authority, to the Napa County Treasurer-Tax Collector, to invest and reinvest funds held in the County Treasury. R-00-36
22. Appointment of the following interested persons to serve on the Mental Health Board for the terms as indicated below:
Applicant Category of Appointment Term
*Deborah M. Tuttle (Incumbent) Consumer 1-1-03
*Cathey von Brandt-Barnes Consumer 1-1-03
*Teresa D. Stimson (Incumbent) Interested & Concerned Citizen 1-1-03
*Lynda S. Raymond (Incumbent) Consumer 1-1-03
Applicant Category of Appointment Term
*Judy Ness Interested & Concerned Citizen 1-1-03
*Anita Noriega Interested & Concerned Citizen 1-1-03
*Marian Hoffman Johnson Interested & Concerned Citizen 1-1-02
*Cleo Jean Manspeaker Interested & Concerned Citizen 1-1-01
*Patricia Wear Interested & Concerned Citizen 1-1-01
*As recommended by the Mental Health Board.
23. Approve minutes of Board of Supervisors’ meeting of March 14, 2000.
24. Discussion of items removed from the Consent Calendar.
APPROVED CONSENT CALENDAR NUMBERS 5 THROUGH 23
25. 9:05 a.m. - Regional Training Employment Coordinator requests approval to submit a Coalition Building/Skills Development grant application, for a total request of $750,000 to the United States Department of Labor and authorize Napa County to act as the Grant Administrator on behalf of the North Bay Employment Connection.
APPROVED REQUESTS W-L-R-BW-V
26. 9:10 a.m. - Job Training Director requests approval of and authorization for Chairman to sign the following:
APPROVED REQUESTS BW-W-R-L-V
27. 9:10 a.m. - Treasurer/Tax Collector to discuss Investment Portfolio and present for approval the County’s Investment Policy.
DISCUSSED – PRESENTATION MADE
28.9:15 a.m. - Public Hearing - Board to consider appeals filed by Stephen and Madeline McFeely and Donald and Erela Gleason to a decision by the Zoning Administrator on December 3, 1999 to determine an existing Negative Declaration adequate and approve Use Permit Modification No. 99066-MOD of Robert Caldwell/Calistoga Ranch Club as a minor modification of Use Permit No. U-90-2 to reconfigure the approved units to cluster configuration located on a 167-acre parcel northeast of the Silverado Trail/Larkmead Lane intersection along the extension of Lommel Road within an Agricultural Watershed (AW) Zoning District. (Assessor’s Parcel No. 018-060-026) Environmental Determination: Mitigated Negative Declaration prepared and approved by the Conservation, Development and Planning Commission for U-90-2 (November 7, 1990) deemed adequate after recirculation. (Continued from February 1, 2000)
PUBLIC HEARING HELD
THE FOLLOWING MOTION BY SUPERVISOR RIPPEY DIED FOR LACK OF A SECOND:
TO DECLARE INTENT TO UPHOLD THE APPEAL ON THE BASIS THAT THE PROPOSAL IS NOT A MINOR MODIFICATION; IT IS AN
INTENSIFICATION OF USES; AN ATTEMPT TO MAKE THE PROJECT MORE VIABLE; AND NEEDS TO BE REVIEWED THROUGH THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION PROCESS.
PUBLIC HEARING REOPENED
PUBLIC HEARING CLOSED
A MOTION BY SUPERVISOR LUCE, SECONDED BY SUPERVISOR WAGENKNECHT TO DECLARE INTENT TO DENY THE APPEAL AND REFER BACK TO STAFF WITH AN ADDITIONAL CONDITION TO CONFIRM THE COMMITMENT MADE BY THE APPLICANT FAILED ON THE FOLLOWING ROLL CALL VOTE:
N N N
THE BOARD DECLARED INTENT TO UPHOLD THE APPEAL AND INSTRUCTED COUNTY COUNSEL TO PREPARE FINDINGS OF FACT TO SUPPORT ITS DECISION FOR CONSIDERATION MAY 9, 2000 AT 9:30 A.M.
29. 10:00 a.m. - Public Hearing - Board to consider appeal filed by Ian and Gale Leech to a decision by the Conservation, Development and Planning Commission on November 3, 1999 to approve Frazier Winery Use Permit Request No. 98480-UP to establish a new winery of 10,000 square feet and an annual production capacity of 50,000 gallons per year (with up to 10,000 gallons per year produced by one custom production operation involving crushing, fermentation, aging and bottling), construct a 1,800 square foot tasting building, convert an existing 2,400 square foot structure to a crushing and fermenting area, and add 16,500 square feet of caves for storage, located on a 45.98 acre parcel at the end of Rapp Lane off Second Avenue within an Agricultural Watershed (AW) Zoning District. (Assessor’s Parcel No. 052-170-042) Environmental Determination: Negative Declaration Adopted. (Continued from February 8, 2000)
PUBLIC HEARING HELD
THE BOARD DECLARED INTENT TO DENY THE APPEAL AND UPHOLD USE PERMIT REQUEST NO. 98480-UP WITH MODIFIED CONDITIONS OF APPROVAL AS STATED DURING THE PUBLIC HEARING AND INSTRUCTED COUNTY COUNSEL TO PREPARE FINDINGS OF FACT TO SUPPORT ITS DECISION FOR CONSIDERATION MAY 9, 2000 AT 9:45 A.M.
ANALYSIS OF FUTURE WINERY USE PERMITS IN HIGH DENSITY, URBAN AREAS WHERE THERE IS A POSSIBLE IMPACT ON SCHOOLS, TRAFFIC AND HOMES SUCH AS THE COOMBSVILLE AREA WAS SUGGESTED.
SUPERVISOR RIPPEY THANKED EVERYONE FOR WORKING TOGETHER TO REACH A REASONABLE CONCLUSION.
30. 11:00 a.m. - Public Hearing - Board to consider appeal filed by Irving Thomas to a decision by the Zoning Administrator on February 4, 2000 to approve Sign Permit Request No. 98266-S of Stags Leap District Winegrowers Association for twenty-three (23) agricultural association signs within the Stags Leap District on and along Silverado Trail and Yountville Cross Road within Agricultural Preserve (AP) and Agricultural Watershed (AW) Zoning Districts in the following locations:
Sign No. Parcel Address Name
1 039-051-007 5300 Silverado Trail Shafer Vineyards
2 039-051-017 5350 Silverado Trail Chimney Rock Winery
3 039-040-051 5589 Silverado Trail Robert Mondavi Winery
4 039-051-005 5330 Silverado Trail Clos du Val
5 039-030-022 5584 Silverado Trail Palisade Vineyard
6 039-030-021 5584 Silverado Trail Palisade Vineyard
7 039-030-023 5584 Silverado Trail Regusci Winery
8 039-040-025 5795 Silverado Trail Hartwell Vineyards
9 039-030-012 5672 Silverado Trail Locked Horns Vineyard
10 039-040-034 5901 Silverado Trail Pine Ridge Estate Vines
11 039-230-007 6293 Silverado Trail Circle Hill Vineyard
12 031-230-010 Yountville Cross Rd. Cornerstone Vineyard
13 039-040-016 5991 Silverado Trail Taylor Vineyard
14 039-040-032 6121 Silverado Trail Disney Family Vineyard
15 032-530-019 6110 Silverado Trail Pillar Rock Vineyard
16 032-530-013 6150 Silverado Trail Stags Leap Winery
17 031-220-016 6171 Silverado Trail Hermosa Vineyard
18 032-530-005 6154 Silverado Trail Unknown
19 031-220-020 1467 Yountville Cross Rd. Annapurna Vineyards
20 031-320-006 6236 Silverado Trail Baldacci Family Vineyard
21 031-230-017 6320 Silverado Trail Robert Sinskey Vineyards
22 031-230-013 1473 Yountville Cross Rd. S. Anderson Vineyard
23 031-230-012 1523 Yountville Cross Rd. Stony Meadow Vineyards
Environmental Determination: Categorically exempt from the California Environmental Quality Act (CEQA).
PUBLIC HEARING OPENED – NO TESTIMONY PRESENTED
PUBLIC HEARING CONTINUED TO APRIL 4, 2000 AT 10:00 A.M.
31. Discussion and possible appointment of two (2) persons to serve on the Wildlife Conservation Commission with the term of office to commence immediately and expire February 1, 2003:
Applicant Category of Appointment
Robert Soper (Incumbent) Citizen
David Vella (Incumbent) Citizen
Charles M. Saunders Citizen
SUPERVISOR RIPPEY NOMINATED AND THE BOARD REAPPOINTED ROBERT SOPER AND DAVID VELLA.
32. Discussion and possible appointments to the Solano-Napa Commission on Medical Care:
Hospitals in the Community (1) Expiration of Term
JoAline Olsen St. Helena Hospital December 31, 2001
Dennis Sisto, Alternate Queen of the Valley Hospital December 31, 2001
Medi-Cal Beneficiary or Representative of an
Organization Promoting Services to the Indigent (1) Expiration of Term
Cristine E. Gallagher (Incumbent) December 31, 2001
SUPERVISOR VARRELMAN NOMINATED AND THE BOARD APPOINTED JOALINE OLSEN. V-R-L-W-BW
SUPERVISOR RIPPEY NOMINATED AND THE BOARD APPOINTED DENNIS SISTO. R-L-W-BW-V
SUPERVISOR RIPPEY NOMINATED AND THE BOARD REAPPOINTED CRISTINE GALLAGHER. R-V-L-W-BW
33. Discussion and possible action including, but not limited to, the following legislation:
Senate Bill 1391 (Schiff): Juvenile Court Hearings
CONTINUED TO APRIL 4, 2000
34. Board of Supervisors’ Committee Reports and Announcements.
SUPERVISOR LUCE REPORTED ON CONFERENCE COORDINATED BY MANAGEMENT INFORMATION SERVICES (MIS) ON CURRENT AND FUTURE TECHNOLOGY. SUPERVISOR LUCE COMPLIMENTED MIS DIRECTOR BEN WILSON, HIS STAFF AND EVERYONE INVOLVED.
SUPERVISOR WINTER REPORTED ON UPCOMING METROPOLITAN TRANSPORTATION COMMISSION (MTC) MEETING TO DISCUSS THE GOVERNOR’S SURPLUS OF $1 MILLION. SUPERVISOR WINTER ADVISED THAT THE NAPA COUNTY TRANSPORTATION PLANNING AGENCY WILL NOT BE REQUESTING MTC TO PULL OUT THE $3 MILLION FOR THE TRANCAS STREET/STATE ROUTE 129 INTERCHANGE PROJECT AND THAT ADDITIONAL TRANSPORTATION NEEDS WILL BE SUGGESTED IN THE EVENT CAL TRANS DOES NOT RAISE THE COST OF THE PROJECT.
35. Board of Supervisors’ Future Agenda Items.
36. 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)):
Name of Case: 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
THE BOARD DETERMINED THERE WAS A NEED FOR A SUPPLEMENTAL AGENDA BASED ON THE URGENCY TO TAKE ACTION THAT AROSE SUBSEQUENT TO THE REGULAR AGENDA BEING POSTED.
Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(a)):
Name of Case: Sierra Club v. County of Napa, et al. (Napa Superior Court Case No. 26-07213)
CLOSED SESSION HELD – NO REPORT
ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,
APRIL 4, 2000 AT 9:00 A.M.
MARY JEAN MCLAUGHLIN
Clerk of the Board of Supervisors
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