MINUTES OF THE MEETING OF THE

BOARD OF SUPERVISORS

NAPA COUNTY

September 12, 2000

1. Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, SEPTEMBER 12, 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.

GEORGE ALTAMURA LED THE SALUTE TO THE FLAG.

3. Presentation of a proclamation designating September 2000 as Hunger Awareness Month.

THE CHAIRMAN PRESENTED THE PROCLAMATION TO

GEORGE ALTAMURA.

MR. ALTAMURA GAVE SPECIAL RECOGNITION TO FRANCIS COPPOLA AND JOHNNY AND LINDA MILLER IN CONNECTION WITH THE “HANDS ACROSS THE VALLEY” FUNDRAISER.

4. Public Comment.

AL CARDWELL SPOKE REGARDING PUBLIC NOTICE ON DEFAULT OF PROPERTY TAXES AND HIS CONCERNS ABOUT INCREASED PROPERTY TAXES AND RENT. MR. CARDWELL READ LETTER TO THE EDITOR RELATIVE TO THE SAME SUBJECT THAT HE STATED WOULD NOT BE PUBLISHED IN THE NAPA VALLEY REGISTER.

GARY MARGADANT WITH THE MT. VEEDER SAFETY AND PRESERVATION ASSOCIATION STEERING COMMITTEE READ LETTER STATING THEIR CONCERN REGARDING THE COUNTY’S WATERSHED PROTECTION REGULATIONS AND/OR RELATED ENVIRONMENTAL REVIEW PARTICULARLY WITH THE NEGATIVE DECLARATION ON CHATEAU POTELLE AND REQUESTED THE BOARD PLACE THE MATTER ON THE AGENDA TO ADDRESS THE PROBLEM.

CANDACE ELIZA REQUESTED HOUSES FOR THE HOMELESS.

IRVING THOMAS PRESENTED LETTER AND REGISTERED HIS COMPLAINT REGARDING MUDDY WATER FLOWING FROM CHATEAU POTELLE IN SPRING OF 2000 AND ASKED THAT COUNTY STAFF AND THE NAPA COUNTY RESOURCE CONSERVATION DISTRICT INVESTIGATE AND A PUBLIC HEARING BE SCHEDULED.

CLEO JEAN MANSPEAKER THANKED THE BOARD FOR HER APPOINTMENT TO THE NAPA COUNTY MENTAL HEALTH BOARD AND ADVISED THAT THE AREA IV BOARD FOR THE DEVELOPMENTALLY DISABLED HAS INVITED HER TO BE ON THE PANEL FOR POLICE OFFICERS TRAINING.

5. Department Heads’ Reports and Announcements.

CONSERVATION, DEVELOPMENT AND PLANNING DIRECTOR JEFFREY REDDING ADVISED THAT THE NAPA RIVER WATERSHED TASK FORCE WOULD BE PRESENTING ITS COMMENTS TO THE BOARD ON

OCTOBER 3, 2000.

DIRECTOR OF HEALTH AND HUMAN SERV ICES TERRY LONGORIA ADVISED THE BOARD THAT SOCIAL SECURITY ADMINISTRATION HAS ANNOUNCED THAT IT WILL BE CLOSING THE NAPA OFFICE AND THAT SHE IS FIGHTING TO KEEP IT OPEN AND HAS PROPOSED AN EXTENSION OFFICE AT HUMAN SERVICES.

STAFF WAS ASKED TO FORWARD A LETTER TO OUR LEGISLATIVE REPRESENTATIVES AND SOCIAL SECURITY ADMINISTRATION URGING THAT THE NAPA OFFICE REMAIN OPEN.

EMERGENCY SERVICES MANAGER NEAL O’HAIRE PROVIDED UPDATE ON THE EARTHQUAKE AND DAMAGE ASSESSMENT.

LIBRARY DIRECTOR TOM TRICE REPORTED ON ISSUES WITH THE LIBRARIES AND THE PHASING IN OF ADDITIONAL CITY SUPPORT.

Consent Calendar

6. Director of Corrections requests authorization for Auditor-Controller to pay the following invoices to the Bob Barker Company, Inc. which are over one year old:

A. $38.98 for a wall mirror; and

B. $57.53 for inmate jeans.

7. District Attorney/Family Support requests approval of and authorization for Chairman to sign an agreement with The ARM Group, Inc. for a maximum of $65,000 for the term July 1, 2000 through June 30, 2001 to provide computer support services.

A-4144

8. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 2731 with Child or Parent Emergency dba C.O.P.E. Family Center for a maximum of $10,000 for the term July 1, 2000 through June 30, 2001 to provide administrative services for the County’s Child Abuse Prevention Council.

A-2731

9. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4069 with Napa County Council for Economic Opportunity, Inc. for a maximum of $50,000 for the term July 1, 2000 through June 30, 2001 to provide consultant services to the Napa Valley Coalition of Non-Profit Agencies.

R-BW-L-W-V A-4069

A

10. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4214 with ALDEA, Inc. for the term July 1, 2000 through June 30, 2001 to provide counseling services to specific clients of Child Welfare Services and Children’s Behavioral Health Programs.

A-4214

11. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4259 with the Napa County Office of Education for a maximum of $11,509 for the term July 1, 2000 through October 31, 2000 to provide mentoring services to at risk youth.

A-4259

12. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign renewals of the following agreements with psychiatric hospitals to provide Managed Care Inpatient Mental Health services and mental health services for uninsured clients for the term July 1, 2000 through June 30, 2001:

A. Managed Care Inpatient agreements:

1) Agreement No. 3592 with St. Helena Hospital; and

A-3592

2) Agreement No. 4135 with California Specialty Hospital.

A-4135

B. Uninsured Mental Health Care agreements:

1) Agreement No. 4141 with St. Helena Hospital for a maximum of $42,000; and

A-4141

2) Agreement No. 4142 with California Specialty Hospital for a maximum of $20,000.

A-4142

13. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign renewals of the following agreements to provide services in the Mental Health Outpatient Managed Care Program for the term July 1, 2000 through June 30, 2001:

A. Agreement No. 4268 with Del Domezio, LCSW;

A-4268

B. Agreement No. 4060 with Kevin Kappler, Ph.D.;

A-4060

C. Agreement No. 4282 with Loretta C. Silvagni, LCSW;

A-4282

D. Agreement No. 4054 with Daniel R. Lott, Ph.D.; and

A-4054

E. Agreement No. 4170 with Lena Kibble, MFCC.

A-4170

14. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4288 with the County of Marin increasing the amount by $15,000 for a new maximum of $30,000 for the term July 1, 2000 through June 30, 2001 for the use of the Marin County Electronic Prehospital Information System (a database) and assistance with its implementation.

A-4288

(AMEND. 1)

15. Director of Health and Human Services Agency requests authorization for Auditor-Controller to pay a claim over one year old totaling $57.40 to the University of California-School of Optometry for medical services to a child served in the California Children’s Services Program.

16. Director of Health and Human Services Agency and Job Training Director request authorization to sign a Memorandum of Understanding with the Napa Valley Workforce Investment Board for the term July 1, 2000 through June 30, 2005 as required by the Workforce Investment Act of 1998.

17. Director of Conservation, Development and Planning requests approval of and authorization for Chairman to sign a Joint Powers Agreement with the Napa County Resource Conservation District in the amount of $39,900 for the term July 1, 2000 through September 30, 2000 to assist in the implementation of the Napa County Conservation Regulations.

A-4358

18. Director of Public Works requests approval of and authorization for Chairman to sign Amendment No. 2 to Agreement No. 4213 with O’Mahony & Myer increasing the amount by $15,700 for a new maximum of $63,326 to provide plans and specifications for a new generator for the east wing of Building “K” at the Napa County Health and Human Services Complex and for signage lighting at the complex.

A-4213

(AMEND. 2)

19. Director of Public Works requests approval of and authorization for Chairman to sign amendments to the following agreements:

A. Amendment No. 11 to Agreement No. 2002 with the City of St. Helena, for lease space at the City Council Chamber Room for Small Claims Court, extending the term through June 30, 2001;

A-2002

(AMEND. 11)

B. Amendment No. 3 to Agreement No. 4134 with the Bell Family Trust, for additional lease space located at 650 Imperial Way, Suite 100, commencing September 1, 2000 through June 30, 2003, for an additional monthly cost of $907; and

A-4134

(AMEND. 3)

C. Amendment No. 2 to Lease Agreement No. 4151 with Robert C. Jessell, for lease space located at 1804 Soscol Avenue, Suites 204 and 205, for the term August 7, 2000 through June 30, 2003 at a new monthly cost of $2,721.80, with a 6% increase at the beginning of each new fiscal year commencing on July 1, 2001.

A-4151

(AMEND. 2)

20. Director of Public Works requests approval of plans and specifications for the “Asphalt Concrete Overlay of Various Roads in Napa County Project,” RDS 00-07, authorization to advertise for bids and setting 3:30 P.M. on October 12, 2000 for the opening of sealed bids.

21. Director of Public Works requests approval of plans and specifications for the “Health and Human Services (Building K) and Juvenile Hall New Generators Installation Project,” PW 00-11, authorization to advertise for bids and setting 3:30 P.M. on October 12, 2000 for the opening of sealed bids.

22. Director of Public Works requests approval of Budget Transfer No. 12 reducing the appropriation in Roads Services and Supplies (Budget Unit 30000) by $50,000 and creating an appropriation for a new project, “Third Avenue Drainage Design” in the same budget unit.

BT-12

23. Director of Public Works requests approval of Budget Transfer No. 13 transferring $100,000 from contingencies to a new appropriation in the General Fund Capital Improvement Budget (Budget Unit 16000) for repairs to the earthquake-damaged second floor of the Historic Courthouse. (4/5 vote required)

BT-13

24. Director of Public Works/Aviation requests authorization for the Director of Public Works/Aviation to sign all Federal Aviation Administration (FAA) and State of California grant documents for projects contained in the Airport Capital Improvement Program as approved in the current fiscal year’s Airport Capital Projects budget.

25. Housing Director requests appointment of Conservation, Development and Planning Commissioner Tony Holzhauer to the Napa County Farmworker Housing Oversight Committee.

26. Job Training Director requests approval of the following actions related to the Napa Valley Workforce Investment Board:

A. Approval of the Napa Valley Workforce Investment Board, Inc. Bylaws;

B. Acceptance of Program Year 2000-2001 Performance Standards; and

C. Approval of a Memorandum of Understanding between the Napa Valley Workforce Investment Board and the Napa Valley One-Stop System.

27. Library Director requests adoption of the following changes to the Napa City-County Library Policy Manual:

A. A new “Library Programs” policy; and

B. Revisions to the existing:

i. “Exhibits, Bulletins, and Programs” policy;

ii. “Library Cards” policy; and

iii. Napa City-County Library Commission Bylaws.

(Copy of complete Policy Manual on file with the Clerk of the Board)

28. Personnel Director requests amendment of the Departmental Allocation List for Public Works adding one (1) Associate Civil Engineer to Public Works-Engineering, effective September 12, 2000, to handle the expanded workload of the Capital Improvement Program.

29. Personnel Director requests amendment of the Departmental Allocation List for the Agricultural Commissioner/Sealer adding one (1) (S) Administrative Office Assistant and one (1) Senior Office Assistant, effective September 16, 2000 and delete any subsequent vacancies.

30. Personnel Director requests authorization to amend the Table and Index increasing the salary of the Clerk of the Board/Public Information Officer, effective August 19, 2000.

31. Regional Training Employment Coordinator requests authorization for Chairman to sign a regional consortium grant application for $3,000,000 to the United States Department of Labor for H1-B visa funds for the purpose of retraining workers in the four North Bay counties of Napa, Solano, Sonoma and Marin.

32. County Administrator requests approval of and authorization for Chairman to sign an agreement with Bartig, Basler and Ray, Certified Public Accountants, in the amount of $7,500 for the term September 12, 2000 through June 30, 2001 to audit the Information Technology Services proposed cost recovery methodology.

A-4362

33. Appoint Maritza E. Monge to serve on the Workforce Investment Board representing Private Sector Business with the term of office to be determined by lot by the membership with seven (7) members to expire December 31, 2002, and eight (8) members to expire July 1, 2003.

34. Second reading and adoption of an ordinance amending Napa County Code Section 2.71.080 to delete references to “First” in the phrase “Children and Families First.”

Environmental Determination: Not subject to California Environmental Quality Act (CEQA).

O-1175

35. Second reading and adoption of an ordinance adding Subsection “W” to Section 1.24.020 of the Napa County Code authorizing the Napa County Fire Marshal, Assistant Fire Marshal, Deputy Fire Marshals, and Inspectors to make arrests without warrants.

Environmental Determination: Exempt from California Environmental Quality Act (CEQA), General Rule (County Guidelines Section 404).

O-1176

36. Approve minutes of Board of Supervisors’ meeting of August 15, 2000.

37. Discussion of items removed from the Consent Calendar.

NONE

APPROVED CONSENT CALENDAR NUMBERS 6 THROUGH 36.

R-BW-L-W-V

Set Matters

38. 9:10 a.m. - Public Hearing Closed - Board to consider and adopt a resolution of Decision on Appeal and Findings of Fact denying the appeals filed by Malcolm MacKenzie, Attorney on behalf of Austin & Erika Hills and Ronald & Teresa Kuhn and upholding the Conservation, Development and Planning Commission decision on May 17, 2000 to approve the following:

A. Beringer Wine Estates - Variance Request No. 99166-VAR to approve a variance to the winery road setback requirements set forth in Section 18.104.230 of the County Code to allow a proposed attached winery expansion to be located closer to an existing private roadway than the existing legal nonconforming setback of the winery on a 106-acre parcel, located approximately 4,000 feet east of Silverado Trail via a driveway located 4,000 feet south of the intersection of Silverado Trail and Yountville Cross Road within Agricultural Watershed (AW) and Agricultural Preserve (AP) Zoning Districts. (Assessor's Parcel No. 032-530-013); and

B. Beringer Wine Estates - Use Permit Modification Request No. 99165-MOD to approve a modification to Use Permit No. 91-18 to expand an existing winery in two phases with: (1) an increase in annual production from 60,000 gallons to 315,000 gallons, (2) construction of an 31,680 square feet of additional winery buildings, (3) use of 23,500 square feet of caves for barrel storage, (4) construction of wastewater ponds, (5) construction of a 75,000 gallon water tank, (6) construction of a 400 square foot pump house, (7) use of two temporary office trailers totaling 960 square feet, (8)

C. construction of related receiving, driveway and parking areas, (9) a waiver of County Public Works Department road improvement requirements, and (10) the on-site deposition of cave spoils on a 106-acre parcel, located approximately 4,000 feet east of Silverado Trail via a driveway located 4,000 feet south of the intersection of Silverado Trail and Yountville Cross Road within Agricultural Watershed (AW) and Agricultural Preserve (AP) Zoning Districts. (Assessor's Parcel No. 032-530-013)

Environmental Determination: Negative Declarations adopted.

(Staff requests continuance to September 26, 2000)

CONTINUED TO SEPTEMBER 26, 2000

W-BW-R-L-V

39. 9:15 a.m. - Public Hearing - Board to consider application for Temporary Event License Request No. 00037-E filed by Hands Across the Valley to hold a silent auction and dining event with entertainment on Saturday, September 23, 2000 at the Niebaum-Coppola Estate Winery, 1991 St. Helena Highway, Rutherford, from 5:30 P.M. to 10:00 P.M. with an expected attendance of 1,000 persons. (Assessor’s Parcel No. 027-210-018)

PUBLIC HEARING HELD

APPROVED REQUEST BW-V-R-L-W

40. 9:15 a.m. - Public Hearing - Board to consider appeal by Cyril Chappellet/

Chappellet Vineyards to a decision by the Conservation, Development and Planning Commission on June 21, 2000 to adopt a Negative Declaration and approve Use Permit No. 99199-UP of Bryant Family Winery to establish a new 6,276± square foot winery with 8,000 square feet of caves with a maximum production capacity of 8,500 gallons, located on a 35-acre parcel on a private road approximately ½-mile south of Sage Canyon Road within an AW (Agricultural Watershed) zoning district. (Assessor’s Parcel No. 032-510-005)

Environmental Determination: Negative Declaration prepared.

(Applicant and appellant request continuance to September 26, 2000 at 9:30 a.m.)

PUBLIC HEARING OPENED – NO TESTIMONY PRESENTED

PUBLIC HEARING CONTINUED TO SEPTEMBER 26, 2000 AT 9:30 A.M.

BW-R-L-W-V

41. 9:20 a.m. - First reading and intention to adopt an ordinance adding a new Chapter 1.28 to Title 1 of the Napa County Code, authorizing County Enforcement Officers to issue citations and to impose and collect administrative penalties, for violations of County Ordinances. Environmental Determination: Exempt from the California Environmental Quality Act (CEQA), Class 21 Categorical Exemption.

TITLE READ

THE BOARD WAIVED READING BALANCE OF ORDINANCE

W-L-BW-R-V

THE BOARD DECLARED INTENT TO ADOPT ORDINANCE

W-R-L-BW-V

Regular Calendar

42. Consideration and possible adoption of a resolution by which the County will bear the cost of building permits issued by the County to repair or replace buildings damaged or destroyed by the earthquake which occurred in Napa County on September 3, 2000.

(Supervisor Varrelman)

ADOPTED RESOLUTION, AS AMENDED TO INDICATE THE DIRECTOR OF CONSERVATION, DEVELOPMENT AND PLANNING SHALL NOT CHARGE AND THE COUNTY SHALL BEAR THE COST OF THE FIRST TWO HUNDRED DOLLARS ($200.00) FILED WITH THE PLANNING DEPARTMENT ON OR BEFORE OCTOBER 31, 2000 (RATHER THAN $100.00 ON OR BEFORE OCTOBER 16, 2000).

R-W-BW-L-V R-00-118

43. County Counsel and Housing Director to report on the legal authority to adopt an urgency ordinance – rent stabilization rolling back mobile home park rents to July 31, 2000 and request direction to initiate an ordinance or urgency rent stabilization ordinance applicable in the unincorporated areas of Napa County.

(Continued from August 1, August 8 and August 15, 2000; Staff recommends continuance to September 26, 2000)

CONTINUED TO SEPTEMBER 26, 2000

R-W-L-BW-V

44. Discussion and possible action regarding legislation.

THE BOARD WAS ADVISED THAT GOVERNOR DAVIS SIGNED AB 2430 REGARDING AFFORDABLE HOUSING TRANSFER AGREEMENTS.

45. Board of Supervisors’ Committee Reports and Announcements.

SUPERVISOR RIPPEY REPORTED THAT THE NAPA RIVER WATERSHED TASK FORCE REPORT IS SCHEDULED ON THE BOARD OF SUPERVISORS’ AGENDA OCTOBER 3, 2000 AND REQUESTED THAT CERTIFICATES BE PRESENTED TO TASK FORCE MEMBERS FOR RECOGNITION OF THEIR WORK.

CONSERVATION, DEVELOPMENT AND PLANNING DIRECTOR JEFFREY REDDING INDICATED THE TASK FORCE REPORT WILL BE DISTRIBUTED TO THE BOARD PRIOR TO SEPTEMBER 19, 2000.

COUNTY COUNSEL ROBERT WESTMEYER ADVISED THE BOARD REGARDING OAK TREE PRESERVATION AND THAT ALL ORDINANCES ARE DISCRETIONARY AND DO NOT HAVE TO BE ADOPTED.

46. Board of Supervisors’ Future Agenda Items.

NON-SPECIFIC DATE – DISCUSSION AND POSSIBLE ACTION REGARDING EXPANDING THE HOURS OF OPERATION OF THE NAPA CITY/COUNTY LIBRARY. (SUPERVISOR WAGENKNECHT)

NON-SPECIFIC DATE – PRESENTATION REGARDING IN-HOME SUPPORT SERVICES AND REQUIREMENT TO CREATE AN ADVISORY COMMITTEE. (SUPERVISOR WINTER)

47. Closed Session regarding:

A. Conference with Labor Negotiator (Government Code Section

54957.6)

Agency negotiator: Bruce Heid

Employee organization: Napa County Deputy Sheriffs’ Association

B. Public Employee Discipline/Dismissal/Release (Government Code Section 54957)

C. Conference with Legal Counsel – Anticipated Litigation

Significant exposure to litigation pursuant to Government Code Section 54956.9(b): (Two cases)

CLOSED SESSION HELD – NO REPORTABLE ACTION

Adjournment

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, SEPTEMBER 19, 2000 AT 9:00 A.M.

MEL VARRELMAN

Chairman

ATTEST:

MARY JEAN MCLAUGHLIN

Clerk of the Board of Supervisors

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