MINUTES OF THE

 

MEETING OF THE BOARD OF SUPERVISORS

 

COUNTY OF NAPA

 

September 25, 2001

 

 

1.         Call to Order.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, SEPTEMBER 25, 2001 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT:  CHAIRMAN MIKE RIPPEY, SUPERVISORS MARK LUCE, MEL VARRELMAN, BILL DODD AND BRAD WAGENKNECHT.

 

2.                  Pledge of Allegiance.

DIRECTOR OF CORRECTIONS DAN CUNNINGHAM LED THE SALUTE TO THE FLAG.

 

3.         Public Comment.

            NONE

 

4.         Department Heads’ Reports and Announcements.

DIRECTOR OF HEALTH AND HUMAN SERVICES TERRY LONGORIA PRESENTED THE BOARD WITH GEL PENS AND CLIFFORD BOOKS IN SPANISH WHICH ARE GIVEN TO CHILDREN WHEN THEY RECEIVE THEIR IMMUNIZATIONS.

 

MS. LONGORIA REPORTED THAT FLU SHOTS WOULD BE ON SCHEDULE THIS YEAR.

 

ACTING LIBRARY DIRECTOR JANET MCCOY REPORTED THAT OCTOBER 14, 2001 WILL BE THE FIRST DAY THAT THE NAPA CITY-COUNTY LIBRARY WILL BE OPEN THE FOLLOWING EXPANED HOURS:

 

SUNDAY       2:00 P.M. –  9:00 P.M.

MONDAY     8:00 P.M. –  9:00 P.M.

TUESDAY     8:00 P.M. –  9:00 P.M.

 

MS. MCCOY ALSO REPORTED ON INCIDENT HANDLING AND REPORTING.

 

MS. MCCOY GAVE A PROGRESS REPORT ON THE NEW LIBRARY IN AMERICAN CANYON.

 

Consent Calendar

 

 

5.         Chief Probation Officer requests amendment of the Departmental Allocation List to delete one (1) Deputy Probation Officer III and add one (1) Limited Term Deputy Probation Officer III to the Probation Department, effective September 2, 2001, to implement AB 1913, the Crime Prevention Act of 2000.

 

 

 

 

 

6.         District Attorney and Chief Probation Officer request the following actions related to the Victim Compensation and Government Claims Board:

 

A.        Adoption of a resolution authorizing the District Attorney and the Chief Probation Officer to enter into restitution contracts with the State of California; and

R-01-117

 

B.         Approval of and authorization for the District Attorney and the Chief Probation Officer to each sign agreements with the State Board of Control for $56,621 and $23,884 respectively, for the term July 1, 2001 through

 

7.         Assessor/Recorder-County Clerk requests the following actions related to the upgrade of the Recorder-Clerk computer system:

 

A.                 Approval of Budget Transfer No. 22 transferring $69,488 from the

Modernization, Micrographics and Vital Statistics trust funds;

BT-22

 

B.         Approval to establish as a fixed asset one server in the Recorder-Clerk budget; and

 

C.         Approval to establish as fixed assets two routing switches in the Information Technology Services budget.

 

8.         Auditor-Controller requests authorization to pay extraordinary travel expenses incurred by County employees attending various out-of-state conferences as a result of terrorist acts in Washington, D.C. and New York City.

 

9.         Director of Health and Human Services Agency requests approval of the Napa County In-Home Supportive Services (IHSS) Advisory Committee's Bylaws effective September 2001.  (Bylaws on file with the Clerk of the Board)

 

10.       Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4348 with J. Michael Murphy, EdD., for a maximum of $13,860 for the term July 1, 2001 through June 30, 2002 to provide consultation services regarding children at risk.

A-4348

 

11.       Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4074 with Martin L. Forst, Ph.D., for a maximum of $10,000 for the term July 1, 2001 through June 30, 2002 to provide evaluation services for the County Tobacco Control Plan.

A-4074

 

12.       Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4000 with Community Resources for Children for a maximum of $750,000 for the term July 1, 2001 through June 30, 2002 to administer and make direct payments to providers of child care services.

A-4000

 

 

13.       Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign renewals of the following agreements with Napa County Council for Economic Opportunity, Inc. (NCCEO) for the term July 1, 2001 through June 30, 2002:

 

A.                 Agreement No. 4070 for a maximum of $33,752 to provide community services in the CalWORK's Program; and

A-4070

 

B.         Agreement No. 4278 for a maximum of $2,768 to provide counseling services to specific clients of Child Welfare Services and Children's Behavioral Health Programs.

A-4278

 

14.              Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the following agreements for the term July 1, 2001 through June 30,

2002 to provide counseling services in the Children's Behavioral Health and Child Welfare Services Programs:

 

A.        Renewal of Agreement No. 4149 with Alternatives for Better Living, Inc. for a maximum of $1,500;

A-4149

 

B.         Renewal of Agreement No. 3749 with Ron Haimowitz, Ph.D., for a maximum of $9,792;

A-3749

 

C.         Agreement with Gregory Matsumoto, PsyD., for a maximum of $5,884; and

A-4591

 

D.        Agreement with Carol Nagle, LCSW, for a maximum of $1,460.

A-4592

 

15.       Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the following amendments to Agreement No. 3897A with the California Department of Health Services (CDHS) regarding Medi-Cal Administrative Activities:

 

A.        Amendment No. 1 increasing the amount by $260,000 for a new maximum of $350,000 for the term July 1, 1999 through June 30, 2000; and

 

B.         Amendment No. 1 increasing the amount by $500,000 for a new maximum of $860,000 for the term July 1, 2000 through June 30, 2003.

A-3897A

(AMEND. 1)

 

 

 

 

 

 

 

 

 

16.       Director of Health and Human Services Agency requests approval of revisions to the executed grant agreement with the U.S. Department of Housing and Urban Development for the Transitional Residential Alliance and Integrated Network (TRAIN) project.

                                                                                                                                   

17.       Director of Public Works requests approval of plans and specifications for the "Concrete Repairs at Various Locations Project, " RDS 00-21, authorization to advertise for bids and setting 3:30 p.m., on October 25, 2001 for opening of sealed bids.

 

18.              Director of Public Works requests authorization for out-of-state travel for Linda Hoy, Public Works Accounting and Computer Systems Supervisor, and Kim Henderson, Staff Services Analyst, to attend the Cascade Automated Management Systems (CAMS)

Annual Conference in Eugene, Oregon, from October 16 through 19, 2001 at an estimated cost of $1,200.

 

19.              Director of Public Works requests approval of and authorization for Chairman to sign an agreement with Quincy Engineering for a maximum of $152,500 for the term September 25, 2001 through June 30, 2002 for the design of traffic flow improvements at the intersection of Highway 29/Highway12/Airport Boulevard.

SUPERVISOR DODD COMMENDED DIRECTOR OF PUBLIC WORKS

KEN JOHANSON FOR HIS GOOD WORK IN BRINGING ABOUT THE ABOVE DESIGN PROJECT.                                                                                                                                                                                                                 A-4593

 

20.         Director of Public Works/Aviation requests approval of and authorization for Chairman to sign a lease agreement (Lease No. DTFA08-99-L-19201) with the Federal Aviation Administration for no monetary consideration, for the term July 1, 1999 through September 30, 2001 with an option for automatic annual renewal through September 30, 2020, for the Napa County Airport sites on which the Air Traffic Control Tower and the Rotating Beam Ceilometer are located.

A-4590

 

21.       Director of Public Works requests award of the contract for the “Airport Boulevard Widening Project,” RDS 01-17, to Heide and Williams of Napa, California, for their low bid of $294,517.70, and authorization for Chairman to sign the construction contract.

 

22.       Clerk of the Board requests appointment of the following persons to the Measure A Financial Oversight Committee with the terms of office listed below:

 

                                          Representing                                        Term Expires

Robert A. Biale            Agricultural Industry                           January 1, 2004

Carl Ebbeson               Agricultural Industry                           January 1, 2002

Kevin Wynne              City of American Canyon                    January 1, 2004

 

23.       County Counsel requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4489 with Curiale Dellaverson, Hirschfeld, Kelly & Kraemer, LLP, increasing the amount by $50,000 for a new maximum of $172,000 for additional legal fees in connection with binding interest arbitration matter between the County and the Napa County Deputy Sheriff's Association.

 

 

 

 

24.       Regional Coordinator requests approval of and authorization for Chairman to sign an agreement with the Workforce Investment Board of Solano County, Inc. for $227,516 for the term March 1, 2001 through June 30, 2002 to coordinate and implement the Caregiver Training Initiative in Solano County.

A-4594

 

25.       County Administrator requests approval of and authorization for Chairman to sign an agreement with the Napa County Resource Conservation District for a maximum of $3,125 for the term September 25, 2001 through December 31, 2001 for cost share match for the Sustainable Winegrowing Manual Project.

A-4595

 

26.       County Administrator/Purchasing Agent requests authorization to declare certain items as surplus, remove them from inventory, and dispose of them at public auction.  (Complete list on file with the Clerk of the Board)

 

27.       Approve minutes of Board of Supervisors’ meeting of August 14, 2001.

 

28.       Discussion of items removed from the Consent Calendar.

            NONE

 

            APPROVED CONSENT CALENDAR NUMBERS 5 THROUGH 27.

                                                                                    BW-V-L-D-R

 

 

Set Matters

 

 

29.       9:05 a.m. - Public Hearing - Presentation by Scott Duyan, Head of School, on the construction of the Blue Oak School located on former County property at 1436 Polk and 1201 Franklin Streets in the City of Napa.

            PRESENTATION MADE

 

30.       9:10 a.m. – Public Hearing - Board to consider and approve the expenditures for the current fiscal year as requested by the Sheriff, the District Attorney and the Director of Corrections for the Supplemental Law Enforcement Services Fund (also known as the State COPS Program).

            PUBLIC HEARING HELD

 

            APPROVED REQUEST                             V-BW-L-D-R

 

31.       9:15 a.m. - Special Meeting - Board of Supervisors sitting as the Board of Directors of the Lake Berryessa Resort Improvement District.

            (SEE LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)

 

 

 

 

 

 

 

32.       9:30 a.m. – Public Hearing - Board to consider Application for Temporary Event License Request No. 01008-E filed by Kristina Gargiulo/Nation Media Group to hold an event Destination Health:Wellness in the Wine Country which will provide a series of interactive and educational activities designed to relay an overall message of a healthy lifestyle and include fitness classes, beauty makeovers, cooking demos, massage, health screenings, rock climbing wall, reflexologist, food, wine tastings, and music at St. Supery Winery on Saturday, September 29, and Sunday, September 30, 2001, from 10:00 a.m. to 5:00 p.m., with an overall expected attendance of 3,000 persons at 8440 St. Helena Highway, Rutherford.  (Assessor’s Parcel No. 030-190-019)

            PUBLIC HEARING HELD

 

APPROVED REQUEST.  STAFF WAS INSTRUCTED TO REVIEW THE PROCESS WITH FOCUS ON APPLICATIONS BEING REQUIRED NINETY (90) DAYS PRIOR TO THE DATE OF THE EVENT AND REPORT BACK WITH RECOMMENDATIONS.                               D-L-V-BW-R

                                                                                 A

 

33.               9:30 a.m. – Public Hearing - Board to consider appeal filed by John L. & Rue W. Ziegler, James & Margaret Watson, Erika Mee, Willis Blakewell to the Conservation, Development and Planning Director’s decision of June 19, 2001 to approve Nextel Communication/Athene Neal-Site Plan Approval Request File 00247-SPA to (1) construct an unmanned Nextel communication facility consisting of a new 50’ tall (from

existing grade) “slimline” 12’2/4” diameter pole generally located south of an existing barn on the subject property, and (2) install a 3-panel array consisting of 6 antennas on

the top of the pole, each having a height of 8’, a width of 5” and a depth of 12’, and (3) construct new ground-mounted telecom support equipment consisting of a primary radio cabinet, primary power cabinet, battery cabinet, telecommunication cabinet, telecommunication and power connections all located within the existing barn building on the subject property, and (4) install approximately 16 lineal feet of underground cable between the new monopole and the equipment room, and (5) construct two new air conditioning units on the roof of the equipment room, and (6) construct a new emergency propane-powered back-up generator within a 5’ by 8’ area immediately south of the new monopole, and (7) install a new propane storage tank  within  an area of 5’ by 10’, approximately 60 feet south of the generator with a new underground connection, and (8) install a new GPS antenna on the roof of the existing barn, and (9) install underground cable between the equipment room and an existing power pole west of the facility, and (10) install a facility identification sign per County requirements at the property access drive at Mee Lane, located on the south side of Mee Lane, approximately one quarter mile east of the intersection of Mee Lane and Highway 29 within an Agricultural Preserve (AP) Zoning District.  (Assessor’s Parcel No. 030-080-029)  953 (N) Mee Lane, St. Helena.

Environmental Determination:  None required (Ministerial Act).

(Staff requests continuance of Public Hearing to November 20, 2001 at 10:00 A.M.)

            PUBLIC HEARING OPENED – NO TESTIMONY PRESENTED

 

            PUBLIC HEARING CONTINUED TO NOVEMBER 20, 2001 AT 10:00 A.M.

                                                                                    BW-V-L-D-R

 

 

 

 

 

 

34.       9:30 a.m. – Public Hearing - Board to consider appeal filed by Stuart Sloan, et al., to a decision by the Conservation, Development and Planning Commission on July 18, 2001 to approve Kathryn Hall Winery – Use Permit Request No. 00166-UP to establish a winery with an annual production of 18,000 gallons per year within a proposed 4,600 square foot winery building and for the following:  (a) 6,400± square feet of proposed caves attached to the winery; (b) private marketing activities; and (c) to utilize an existing off-site wastewater pond.  The winery site is 40.03 acres, located on Auberge Road, a private road off of Rutherford Hill Road, 7,000± feet north of Silverado Trail within an Agricultural Watershed (AW) Zoning District (Assessor’s Parcel No. 030-300-033); the wastewater pond is located on Assessor’s Parcel No. 030-300-026 SFAP, owned by Rutherford Hill Winery; and crosses Assessor’s Parcel No. 030-300-034 SFAP.  Environmental Determination:  Negative Declaration adopted. (Continued From September 18, 2001)

STAFF WAS INSTRUCTED TO REVIEW THE ACTUAL COST OF PROCESSING AN APPEAL VERSUS WHAT THE APPLICANT IS REQUIRED TO PAY.

 

PUBLIC HEARING CLOSED

 

SUPERVISOR VARRELMAN MADE A MOTION, SECONDED BY SUPERVISOR WAGENKNECHT TO DECLARE INTENT TO DENY THE APPEAL AND REFER TO COUNTY COUNSEL FOR POSSIBLE MODIFICATION OF CONDITIONS OF APPROVAL LANGUAGE FOR CONSIDERATION BY THE BOARD ON OCTOBER 9, 2001 AT 9:25 A.M.  HOWEVER, FOLLOWING DISCUSSION, THE MOTION WAS WITHDRAWN.

 

PUBLIC HEARING REOPENED            L-D-V-BW-R

 

THE BOARD DECLARED INTENT TO DENY THE APPEAL AND INSTRUCTED COUNTY COUNSEL TO PREPARE RESOLUTION ADOPTING FINDING OF FACT AND DECISION ON THE APPEAL INCLUDING CONCEPTUAL LANGUAGE AS STATED AT THE PUBLIC HEARING AND CONTINUED PUBLIC HEARING TO OCTOBER 9, 2001 AT 9:25 A.M.                                                         V-BW-L-D-R

                                                                                    N N

 

35.       10:30 a.m. – Public Hearing - Board to consider appeal filed by Thomas F. Carey, Attorney on behalf of Mario Perelli-Minetti Winery to the Conservation, Development and Planning Director’s June 18, 2001 decision to require a Use Permit for Minor Modification Request No. 00438-MOD for the addition of three (3) custom producers (one an alternating proprietor) to the existing 20,000 gallon winery.  The winery is located on an 8.8 acre parcel on the southwest side of Silverado Trail approximately 500 feet southeast of Zinfandel Lane within an Agricultural Preserve (AP) Zoning District.  (Assessor’s Parcel No. 030-250-006)  1443 Silverado Trail, St. Helena.  Environmental Determination: Exempt from California Environmental Quality Act (CEQA).  Appellant Requests Withdrawal of the Appeal.

            PUBLIC HEARING HELD

 

            THE BOARD ACCEPTED WITHDRAWAL OF THE APPEAL.

                                                                                                BW-D-L-V-R                                                             

 

 

 

Regular Calendar

 

 

36.       Discussion and possible action regarding County contribution to the victims of the World Trade Center tragedy in New York.

STAFF WAS INSTRUCTED TO FORWARD LETTER TO CALIFORNIA COUNTIES SUPERVISORS ASSOCIATION OF CALIFORNIA (CSAC) AND ALL CALIFORNIA COUNTIES REQUESTING THAT THEY JOIN IN MAKING  CONTRIBUTIONS.

 

STAFF WAS INSTRUCTED TO PREPARE BUDGET TRANSFER IN THE AMOUNT OF $25,000 FOR NAPA COUNTY’S CONTRIBUTION TO THE TWIN TOWERS FUND (TO BE EARMARKED FOR FIREFIGHTERS, POLICE OFFICERS AND PARAMEDICS).

 

37.       Recognition of Proposition 36 Agency Workgroup participants for their efforts in implementing the Substance Abuse and Crime Prevention Act of 2000.  (Supervisor Dodd)

STAFF WAS INSTRUCTED TO FORWARD LETTERS OF APPRECIATION TO PARTICIPANTS.                                                D-BW-L-V-R

 

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

 

            SB 497 (Sher): Land Use:  Relating to Energy Conservation/Lot Line Adjustments/

            Certificates of Compliance.

STAFF WAS INSTRUCTED TO FORWARD A LETTER TO GOVERNOR DAVIS COMMUNICATING THAT THE ABOVE LEGISLATION IS ONE INSTANCE  WHERE LOCAL CONTROL WOULD BE WELL SERVED.

                                                                        V-BW-L-D-R

           

39.       Board of Supervisors’ Committee Reports and Announcements.

            SUPERVISOR VARRELMAN EXPRESSED POPE VALLEY CONSTITUENTS' GRATIFICATION FOR THE BOARD’S CONTRIBUTION FOR THEIR CEMETERY.

 

            SUPERVISOR LUCE REPORTED THAT THE SOLANO COUNTY COURT GRANTED NAPA SANITATION DISTRICT RELIEF IN PENDING LITIGATION WITH REGARD TO THEIR PERMIT PROCESS.

 

            SUPERVISOR WAGENKNECHT SUGGESTED THE NEED TO SET PARAMETERS REGARDING WHEN A DECISION WILL BE MADE ON THE NAPA SANITATION DISTRICT GENERAL PLAN AMENDMENT.

 

40.       Board of Supervisors’ Future Agenda Items.

            NON-SPECIFIC DATE –  GENERAL REVIEW OF COUNTY ORDINANCES AND ENFORCABILITY.  (SUPERVISOR LUCE)

41.       Closed Session:  None Scheduled.

            CLOSED SESSION NOT HELD

 

 

 

 

 

 

 

 

 

 

 

 

 

Adjournment

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, OCTOBER 2, 2001 AT 9:00 A.M.

 

 

 

                                                                                                                                               

MIKE RIPPEY

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; D= Bill Dodd;

BW = Brad Wagenknecht

Notations under Vote:  N = No; X = Excused; A = Abstain