MINUTES OF THE MEETING OF THE

 

BOARD OF SUPERVISORS

 

NAPA COUNTY

 

May 9, 2000

 

 

1.         Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, MAY 9, 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.

            SUPERVISOR LUCE LED THE SALUTE TO THE FLAG.                                     

 

3.                  Public Comment

NONE

 

4.            Department Heads’ Reports and Announcements.

DIRECTOR OF MANAGEMENT INFORMATION SERVICES BEN WILSON PROVIDED AN UPDATE ON THE COMPUTER VIRUS THAT OCCURRED MAY 5, 2000. 

 

Consent Calendar

 

5.            Director of Corrections requests approval of and authorization for the Director to sign a Memorandum of Understanding (MOU) with the Social Security Administration establishing terms and conditions for the provision of information about qualifying inmates.

PULLED  FROM THE AGENDA – NO ACTION TAKEN

 

6.                  Sheriff requests the following actions related to the Boat Patrol Program:

 

A. Approval of and authorization for Chairman to sign the Financial Aid Application and agreement with the State Department of Boating and Waterways in the amount of  $336,516 for Fiscal Year 2001/2002; and

A-3446

 

B. Approval for Sheriff or his designate, to sign quarterly activity reports and other documents for the State Department of Boating and Waterways.

 

 

 

 

 

 

 

 

 

 

 

7.                  Sheriff requests authorization for out-of-state travel for Senior Deputy Janine Gallagher to attend the Gang Resistance Education and Training (G.R.E.A.T.) National Conference in Tuscon, Arizona from August 1-4, 2000 for an estimated cost of $1,000.

 

8.                  Treasurer/Tax Collector requests adoption of a resolution approving the sale of tax-defaulted property at public auction and authorization to re-offer any unsold parcels at a reduced minimum bid.  (Copy of Property Schedule Subject for Auction on File with the Clerk of the Board)                        

R-00-56

 

9.                  Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 3962 with the United States Department of Housing and Urban Development for $400,000 extending the term through January 1, 2001 for the Transitional Residential Alliance and Integrated Network (TRAIN) Project.

A-3962

(AMEND. 1)

 

10.            Director of Public Works requests approval of Budget Transfer Nos. 78 and 79, accomplishing the following:

 

A. Establishing an appropriation of $593,058 in Fund 1070 for the relocation of the Records Center, with offsetting revenues from the proceeds of the sale of the 1436 Polk Street property;

 

B. Transferring $30,000 from Hall of Justice Fire Prevention Project to Health and Human Services Child Care Project (Budget Unit 16100);

 

C. Returning an unexpended $20,000 from Capital Projects (Budget Unit 16000, Fund 1070) to the Recorder’s Modernization Trust Fund (Budget Unit 28000); and BT-78

 

D. Transferring $20,000 from Napa County Fire (Budget Unit 25800) to the Edgerly Island Satellite Fire Station Project (Budget Unit 16000) to offset actual costs of land improvements at the site.

BT-79

 

11.       Local Enforcement Agency Manager requests adoption of a resolution authorizing:

 

A. The submittal of an application to the California Integrated Waste Management Board for the 2000/2001 Solid Waste Enforcement Assistance Grant in the amount of $18,000; and

R-00-57

 

B.            The Assistant County Administrator to execute the required documents.

 

 

 

 

 

12.            Regional Training Employment Coordinator requests approval of Budget Transfer No. 84 for $8,200 transferring funds within the budget unit and establishing a fixed asset to purchase a projection and display system for use in the One Stop Employment Center.

                                                                                                                                    BT-84

 

13.            Approve minutes of Board of Supervisors’ meeting of April 25, 2000.

 

14.            Discussion of items removed from the Consent Calendar.

            (SEE ITEM NUMBER 5)

 

APPROVED CONSENT CALENDAR NUMBERS 6 THROUGH 13.

                                                                                    BW-R-L-W-V

 

15.       9:05 a.m. - County Administrator requests consideration of bid proposals for Jail and Juvenile Hall Medical Services, with possible contract award to one of three bidders, and authorization to prepare a contract for these services.

            THE BOARD AWARDED THE CONTRACT TO CALIFORNIA FORENSIC MEDICAL GROUP, INC., AND DIRECTED STAFF TO PREPARE A CONTRACT FOR EXECUTION PRIOR TO THE END OF THE FISCAL YEAR.                                                                                    R-W-L-BW-V

                                                                                                                                   

16.       9:10 a.m. - Director of Public Works and Executive Director of the Napa County Transportation Planning Agency request authorization for Chairman to sign a letter requesting inclusion of $14 million in the Governor’s Congestion Relief Project Listing for initial environmental, engineering and preliminary design of State Route 12 (Jamieson Canyon).

            SUPERVISOR WINTER MADE A MOTION, SECONDED BY

            SUPERVISOR RIPPEY, TO OPPOSE SENDING THE LETTER AS SUBMITTED.  HOWEVER, FOLLOWING DISCUSSION, THE MOTION WAS WITHDRAWN AND THE MATTER WAS CONTINUED TO MAY 16, 2000 PENDING MODIFICATION OF THE LETTER TO REQUEST FUNDING WITH REGARD TO THE INTERSECTION OF HIGHWAY 12, HIGHWAY 29 AND AIRPORT ROAD WITH AN EMPHASIS ON THE ISSUE OF SAFETY.

 

17.       9:15 a.m. - Public Hearing - Board to consider appeal filed by Steve and Vicki Nethercott to a decision by the Director of Conservation, Development and Planning on November 30, 1999 to cancel Building Permit Application No. B99-1032 for the conversion of a single family residence into a bed and breakfast lodging facility located at 129 Devlin Road within an Industrial Park (IP) Zoning District.  (Assessor’s Parcel No. 057-170-007)  Environmental Determination:  Exempt from California Environmental Quality Act (CEQA).  (Continued from February 8 and April 11, 2000; Appellant and Staff Request Continuance to June 13, 2000 at 9:00 a.m.)

            PUBLIC HEARING OPENED – NO TESTIMONY PRESENTED

 

            PUBLIC HEARING CONTINUED TO JUNE 27, 2000 AT 9:15 A.M.

                                                                                    BW-R-L-W-V

 

 

 

 

 

18.               9:30 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 and March 28, 2000; Attorney for Applicant requests the Public Hearing be reopened to submit additional information)

            THE BOARD AGREED TO REOPEN THE PUBLIC HEARING AND INSTRUCTED STAFF TO SET A DATE FOR HEARING, RENOTICE THE PUBLIC HEARING AND TO CONTACT THE APPELLANTS.

W-L-R-BW-V

                                                                                                         N

 

19.       9:45 a.m. - County Counsel requests the Board consider and adopt a resolution of Findings of Fact and Decision on Appeal consistent with the Board’s motion of intent to deny the appeal filed by Ian and Gale Leech to a decision by the Conservation, Development and Planning Commission on November 3, 1999 to adopt a Negative Declaration and to approve Use Permit No. 98480-UP Frazier Winery/Williard Frazier, Jr. to establish a 50,000 gallon/year winery utilizing grapes grown on site and his adjacent parcel, in phases totaling 30,700 square feet (including 16,500 square feet of caves) with retail sales by prior appointment and marketing on a 45.98 acre parcel located at the end of Rapp Lane off of Second Avenue within an  Agricultural Watershed (AW) Zoning District.  (Assessor’s Parcel No. 052-170-042)  Environmental Determination:  Negative Declaration Adopted. 

            ADOPTED RESOLUTION            BW-W-R-L-V         R-00-76        

                              N

                             

20.       10:00 a.m.- Public Hearing - Board to consider appeal filed by J. Stephen Reynolds to Conservation, Development and Planning Commission decision on February 16, 2000 to deny his Variance Request No. 99217-VAR and Use Permit Request No. 98502-UP to establish, within the required 600 foot setback from Silverado Trail, a 20,000 gallon per year winery (with up to 5,000 gallons produced by two custom production operations involving crushing, fermentation, aging and bottling) with retail sales and tasting by appointment only, convert an existing residence to winery tasting room and offices, and construct an entry gate located on a 13.45± acre parcel on the east side of Silverado Trail, south of its intersection with Soda Canyon Road, within an Agricultural Watershed (AW) Zoning District.  (Assessor’s Parcel No. 039-610-002)  Environmental Determination: Denial not subject to the California Environmental Quality Act (CEQA).  Negative Declaration prepared, but not

            submitted nor heard by the Conservation, Development and Planning Commission.

            PUBLIC HEARING OPENED –  NO TESTIMONY PRESENTED

 

 

 

 

 

 

20.            Continued

 

            PUBLIC HEARING CONTINUED TO JUNE 27, 2000 AT 10:00 A.M. PENDING ENVIRONMENTAL REVIEW BY THE CONSERVATION, DEVELOPMENT AND PLANNING COMMISSION.             BW-L-R-W-V                                                                                   

                                                           

21.       10:00 a.m. - Director of Public Works requests approval of and authorization for Chairman to sign the following documents related to the sale of County-owned property located at 3400 Jefferson Street in the City of Napa to the Napa Valley Housing Authority:

 

A.                 Purchase and Sale Agreement and related escrow documents; and

APPROVED REQUEST                             W-BW-R-L-V                  A-4311

 

B.                 Letter to the United States Department of Housing and Urban Development supporting the Napa Valley Community Housing application for grant funds to construct affordable housing on the property.

APPROVED REQUEST                             W-BW-R-L-V

 

SUPERVISOR WAGENKNECHT MADE A MOTION, SECONDED BY SUPERVISOR WINTER TO:  INSTRUCT STAFF TO INCLUDE IN THE LETTER, COMMENTS MADE AT THIS MEETING BY R. CHARLES WILSON, ADMINISTRATIVE ANALYST, COUNTY ADMINISTRATOR’S OFFICE,  WITH REGARD TO THE NUMBER OF UNITS AND AMOUNT OF FUNDS THE COUNTY HAS CONTRIBUTED; AND TO FORWARD A COPY OF THE LETTER TO SENATOR WESLEY CHESBRO, ASSEMBLYMEMBER

PAT WIGGINS AND MEMBERS OF THE LOCAL GOVERNMENT AND HOUSING COMMITTEES.  FOLLOWING ADVICE OF COUNTY COUNSEL, THAT ANY FURTHER ACTION SHOULD BE TAKEN UNDER LEGISLATION, THE MOTION WAS WITHDRAWN.

 

(SEE ITEM NUMBER 25)

22.            Discussion and possible appointment of one (1) person to represent an Organization Concerned with Older Adults from the following interested applicants to the Napa County Commission on Aging with the term to expire on September 30, 2002:

 

Applicants                                                           
Mary Rita Umphries                       

                        Jennifer Elena O’Toole                      

            SUPERVISOR LUCE NOMINATED AND THE BOARD APPOINTED

MARY RITA UMPHRIES.                         L-R-W-BW-V        

 

 

 

 

 

 

 

 

 

23.           Discussion and possible appointment of one (1) person to serve on the Wildlife Conservation Commission with the term of office commencing immediately and expiring on February 1, 2002:

 

                        Applicants                                          Category of Appointment

Jerry W. Gerald, Ph.D.                           Citizen

                        James Edward DeWeese                                 Citizen

                        Gayle Susan Campen (aka Saumya)               Citizen

                        Kathy Newsom                                              Citizen

THE CLERK ADVISED THE BOARD TO PULL THE APPLICATION FILED BY JAMES EDWARD DEWEESE AS HE IS NOT A NAPA RESIDENT AND THEREFORE, CANNOT BE CONSIDERED FOR APPOINTMENT.

 

SUPERVISOR WAGENKNECHT NOMINATED AND THE BOARD APPOINTED JERRY GERALD.            BW-W-R-L-V

 

24.            Discussion and possible appointment of one (1) member of the Board of Supervisors to serve as County of Napa representative on the Local Agency Formation Commission (LAFCO) for a four year term commencing immediately and expiring May 3, 2004.

            CONTINUED TO MAY 16, 2000

 

25.              Discussion and possible regarding legislation.

STAFF WAS INSTRUCTED TO FORWARD LETTER TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, IN SUPPORT OF AB 2430 REGARDING AFFORDABLE HOUSING TRANSFER AGREEMENTS AND IDENTIFYING CONSEQUENCES OF THE SUNSET PROVISION IN THE EVENT THE LEGISLATION IS NOT IMPLEMENTED. STAFF WAS ALSO INSTRUCTED TO REQUEST THE CITIES OF NAPA,

ST. HELENA, CALISTOGA AND THE TOWN OF YOUNTVILLE ALSO SUPPORT AB 2430.                                       BW-W-R-L-V     

 

            (SEE ITEM NUMBER 21)

 

26.       Board of Supervisors’ Committee Reports and Announcements.

            SUPERVISOR WINTER REPORTED THAT THE NAPA VALLEY HOUSING AUTHORITY MET TO DISCUSS THE STATUS OF FARM WORKER HOUSING AND DISCUSSED AB 2430 REGARDING AFFORDABLE HOUSING TRANSFER AGREEMENTS BUT NO ACTION WAS TAKEN DUE TO LACK OF A QUORUM.

 

            CHAIRMAN VARRELMAN ADVISED THAT DANIEL KUBROCK, A FOUNDING MEMBER ON THE NAPA COUNTY COMMISSION ON

            SELF-ESTEEM, HAS RESIGNED.  STAFF WAS INSTRUCTED TO FORWARD LETTER FROM THE BOARD OF SUPERVISORS THANKING HIM FOR HIS SERVICE TO THE COUNTY OF NAPA.

 

           

 

 

26.              Continued

 

CHAIRMAN VARRELMAN REPORTED ON LETTER FROM THE NAPA COUNTY FARM BUREAU REGARDING THE AGRICULTURAL COMMUNITIES DESIRE FOR A SELF-ASSESSMENT FOR FARM WORKER HOUSING AND EDITORIAL COMMENTS IN THE NAPA VALLEY REGISTER REGARDING THE COUNTY SIMPLY IMPOSING A TAX.

           

27.       Board of Supervisors’ Future Agenda Items.

5/16/00 – DISCUSSION AND POSSIBLE ACTION TO SET A DATE TO DISCUSS FARM WORKER HOUSING ISSUES IN NAPA COUNTY.

 

5/23/00 – COUNTY COUNSEL TO UPDATE THE BOARD ON THE FARMWORKER HOUSING ASSESSMENT PROPOSED BY THE NAPA VALLEY VINTNER’S ASSOCIATION.

 

28.       Closed Session regarding:

 

Conference with Legal Counsel- Existing litigation (Government Code

                                Section 54956.9(a))

 

Names of Cases:

i)                    Sierra Club v. County of Napa, et al. (Napa Superior Court Case No. 26-07213)

            CLOSED SESSION HELD – NO REPORT

 

ii) Matschullat v. Napa County, et.al. (Napa Superior Court Case

No. 26-05722)

THE BOARD RATIFIED THE STIPULATION FOR SETTLEMENT SIGNED ON ITS BEHALF BY DEPUTY COUNTY COUNSEL

JOSEPH C. FOLKARD ON MAY 4, 2000.  ALL PARTIES WILL BEAR THEIR OWN COSTS AND ATTORNEYS FEES.  A COPY OF THE SETTLEMENT AGREEMENT IS AVAILABLE FOR PUBLIC INSPECTION IN THE OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS.

                                                R-L-W-BW-V

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Adjournment

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

MAY 16, 2000 AT 9:00 A.M.

 

 

                                                                                                                                               

MEL VARRELMAN

Chairman

 

ATTEST:

 

MARY JEAN MCLAUGHLIN

Clerk of the Board

 

 

                                                           

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