MINUTES OF THE
MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF NAPA
July 22, 2003
1. Call
to Order; Roll Call.
THE BOARD OF SUPERVISORS OF THE
COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, JULY 22, 2003 AT 9:00 A.M. WITH
THE FOLLOWING MEMBERS PRESENT: CHAIRPERSON
BRAD WAGENKNECHT, SUPERVISORS BILL DODD, MARK LUCE AND DIANE DILLON. SUPERVISOR MIKE RIPPEY WAS EXCUSED. THE MEETING WAS CALLED TO ORDER BY CHAIR
WAGENKNECHT AT 9:01 A.M.
2. Pledge of
Allegiance.
MR. KEVIN BLOCK, ATTORNEY, LED THE SALUTE TO THE FLAG.
3. Public
Comment.
MR. KEVIN BLOCK, ATTORNEY FOR MR. LESLIE RUDD, ANNOUNCED THAT
MR. LESLIE RUDD LOANED LOS NINOS CHILD CARE CENTER, THROUGH COMMUNITY
ACTION OF NAPA VALLEY (CANV), $80,000 TO HELP THEM KEEP OPERATING UNTIL A STATE
BUDGET IS ADOPTED. HE THEN INTRODUCED
MR. JOHN BOWMAN, FINANCIAL DIRECTOR, RUDD FOUNDATION.
MR. BOWMAN PRESENTED THE $80,000 CHECK TO HOWARD SIEGEL, CHAIRMAN OF THE
BOARD OF CANV.
MR. SIEGEL THANKED MR. BOWMAN, MR. RUDD AND MR. BLOCK, COMMENTING THAT HE
IS AMAZED BY THE GENEROSITY OF THE COMMUNITY AND OF MR. RUDD.
THE BOARD MEMBERS ECHOED THE GRATITUDE TO MR. RUDD AND THE GENEROSITY OF
ALL MEMBERS OF THE COMMUNITY.
4. Department Directors’ Reports and Announcements.
BRUCE HEID, HEALTH AND HUMAN SERVICES AGENCY DIRECTOR, ALSO THANKED MR.
RUDD FOR THE LOAN AND STATED HIS DEPARTMENT AND THEIR CLIENTS WOULD HAVE BEEN
SEVERELY IMPACTED IF THE CENTER CLOSED.
5. Director of Public Works requests
approval of and authorization for the Chair to sign an agreement with Intrepid
Electronic Systems Inc. for a maximum of $43,450 for the term
July 22, 2003 through June 30, 2004 to
upgrade computer equipment and software to improve the reliability of the
access control system in the Napa County Criminal Courts Building (CCB).
A-6091
6. Director of Public Works requests acceptance of the work as complete and authorization for the Chair to sign and the Clerk of the Board to file a Notice of Completion with the Clerk/Recorder for Contract No. PW 02-16, “Napa County Airport Emergency Generator Replacement Project.”
7. Director of Public Works requests
approval of and authorization for the Chair to sign Amendment No. 3 to
Agreement No. 4593 with Quincy Engineering, Inc. increasing the amount by
$23,898 for a new maximum of $302,000 for plans and specification revisions and
estimate for the construction of interim improvements at the intersection of
Highway 12/Highway 29/Airport Road. A-4593
(AMEND.
3)
8. County Executive Officer requests authorization for Leave Without Pay for an Attorney IV in the Public Defender’s Office from July 9, 2003 through December 13, 2003.
9. County Executive Officer requests the
appointment of Steve Bouch, Court Executive Officer, to serve as Trustee for
the Board of Supervisors; and the reappointment of Norbert U. Frost, Attorney,
to serve as Trustee for the Bar Association to the Napa County Law Library,
with the term of office to commence immediately and to expire in January, 2004.
10. Approve minutes of Board of Supervisors’
meetings of April 22 and April 21, 2003.
11. Discussion of items removed from the Consent Calendar.
APPROVED CONSENT CALENDAR ITEMS 5 THROUGH 10.
BD-DD-MR-ML-BW
X
12. 9:15 A.M. Public Hearing Casa
Las Trancas Winery/John and Linda Miller Trust (located on a 11.66 acre parcel
on the north side of “Old Trancas Street”, approximately 220 feet east of
intersection with Big Ranch Road) request the following:
A. First
and final reading and adoption of proposed ordinance (No. 01265-RZG)
to rezone +/- 6.45 acres of an 11.66 acre
parcel from a Residential
County/Agricultural Preserve
RC/AP split zoning district to an Agricultural Preserve zoning; and
12. Continued
B. Approval of Use Permit to establish a new 100,000-gallon per year winery with 22,700 square feet of building (s) for fermentation, barrel storage, bottling, retail sales, administration offices and laboratories and a 1,500 square foot covered crush pad area for a winery totaling 24,200 square feet and, 1) custom crushing activities (crushing, fermentation, barrel aging and bottling) for up to two custom producers utilizing 25% (25,000 gallons per year) of the total approved winery production capacity; 2) three full and/or part-time employees (three additional employees at harvest); 3) 50 visitors per week; 4) a picnic area; 5) 17 parking spaces; 6) tours and tasting by appointment only;
7) a marketing plan with six activities per year with a maximum of 35 people per event, two wine auction events with a maximum of 50 people per event and one event per month for wine related organizations with a maximum of 35 people per event; 8) construction of a pressure distribution sewage system; and, 9) road and access improvements; and
C. Adoption of mitigated negative declaration subject to the conditions of approval of the use permit.
ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration
Prepared. According to the Mitigated
Negative Declaration, the proposed project would have, if mitigation measures
are not included, potentially significant environmental impacts in the
following areas: aesthetics, cultural, noise, traffic.
(CONTINUED FROM OCTOBER 22, 2002,
DECEMBER 3, 2002, JANUARY 21,
2003 AND APRIL 22, 2003)
PUBLIC HEARING HELD
THE BOARD ADOPTED THE MITIGATED
NEGATIVE DECLARATION.
ML-BD-MR-DD-BW
X
TITLE READ.
THE
BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.
X
THE
BOARD ADOPTED THE ORDINANCE. O-1226
ML-BD-MR-DD-BW
X
THE BOARD APPROVED USE PERMIT NUMBER 02082-UP
SUBJECT TO CONDITIONS OF APPROVAL NUMBERS 1 THROUGH 18 AND MITIGATION MEASURES
AS REFERENCED IN THE STAFF REPORT DATED JULY 22, 2003.
ML-BD-MR-DD-BW
X
13.
10:00
A.M. County Counsel requests that the Board consider and adopt a resolution
of Decision on Appeal and Findings of Fact:
1) granting the first ground of appeal regarding marketing events and
acknowledging withdrawal of the rest of the appeal filed by Gary Gates on behalf
of Louise Rossi (a neighbor); and 2) denying the first ground of appeal
regarding marketing events and acknowledging withdrawal of the rest of the
appeal filed by Chuck Meibeyer, attorney for Del Dotto Vineyards, Inc.,
(applicant) regarding the decision by the Conservation, Development, and
Planning Commission on April 2, 2003 to approve Use Permit Request #02082-UP
for the Del Dotto Vineyards, Inc. and Erickson Properties, Inc. to establish a
new winery within an Agricultural Preserve (AP) Zoning District. (Assessor’s Parcel No. 027-160-045 ptn, and
046) 1445 South St. Helena Highway, St.
Helena.
ENVIRONMENTAL
DETERMINATION: Mitigated Negative Declaration Prepared. According to the Mitigated Negative
Declaration, the proposed project would have, if mitigation measures are not
included, potentially significant environmental impacts in the following areas:
traffic, historic resources, and aesthetics.
(STAFF REQUESTS CONTINUANCE TO AUGUST 12, 2003 AT 10:30 A.M.)
PUBLIC HEARING CONTINUED TO AUGUST 12, 2003 AT 10:30 A.M.
DD-BD-MR-ML-BW
X
14. Information
Technology Services Director requests the following:
A. Approval of and authorization for the
Chair to sign an agreement with CherryRoad Technologies for a maximum of
$341,000 for the term July 22, 2003 through
June 30, 2004 for the implementation
of PeopleSoft Time and Labor and PeopleSoft Benefits Administration modules;
and A-6090
B. Approval
of Budget Transfer No. 4 in the amount of $40,000 increasing appropriations
in the ITS budget with offsetting revenue from the Property Tax Administration
Program Trust. (4/5 vote required) BT-4
APPROVED REQUEST BD-DD-BD-MR-BW
X
15. The
Legislative Subcommittee will present a report. The Board may or may not take
action on any or all items presented for discussion.
WILLIAM CHIAT, COUNTY EXECUTIVE
OFFICER, REPORTED ON SB 440, WHICH TRIES TO REMEDY SOME OF THE PROBLEMS WITH
BINDING ARBITRATION FOR PUBLIC SAFETY EMPLOYEES. MR. CHIAT STATED THAT SINCE THE REMEDIES PROPOSED IN THE BILL ARE
UNACCEPTABLE, THE LEGISLATIVE COMMITTEE IS RECOMMENDING THE BOARD SEND A LETTER
TO LEGISLATORS OPPOSING THE BILL.
THE BOARD WENT ON RECORD IN
OPPOSITION OF SB 440.
BD-ML-MR-DD-BW
X
15. Continued
MR. CHIAT GAVE AN UPDATE ON AB 1470,
WHICH WOULD ALLOW THE VOTERS TO DETERMINE IN-HOME SUPPORTIVE SERVICES WORKERS’
WAGES IN THE EVENT AN AGREEMENT CANNOT BE MADE WITH THE UNION, ON WHICH THE
BOARD PREVIOUSLY TOOK ACTION TO OPPOSE.
16. Board of Supervisors’ Committee Reports
and Announcements.
SUPERVISOR DODD TALKED ABOUT THE AVAILABILITY OF
TRANSPORTATION FUNDS, STATING THAT AN AGREEMENT HAD BEEN WORKED OUT ALLOWING
WORK ON STATE-WIDE PROJECTS TO CONTINUE UNTIL AUGUST 14, 2003, AT WHICH TIME
HOPEFULLY THERE WILL BE A STATE BUDGET.
IF THERE IS NO BUDGET, THE HOPE IS THAT THE CONTRACTORS WOULD TAKE ON
THE FUNDING. IF THAT OCCURS, THERE
WOULD BE A TEN PERCENT PENALTY ON THE AMOUNT ADVANCED, WHICH WOULD CAUSE THE
COST OF THE PROJECTS TO INCREASE.
SUPERVISOR DILLON COMMENTED THAT AT THE RECENT NAPA
COUNTY TRANSPORTATION PLANNING AGENCY (NCTPA) MEETING, THE TOPIC OF WHO WOULD
PAY THAT TEN PERCENT WAS DISCUSSED AND THAT WHO WOULD PAY THE TEN PERCENT WAS
STILL UNDECIDED.
SUPERVISOR DILLON ANNOUNCED THAT SUPERVISOR LUCE WAS
RE-ELECTED CHAIRPERSON OF THE UPPER VALLEY WASTE MANAGEMENT AGENCY.
17. Board of Supervisors’ Future Agenda
Items.
SUPERVISOR WAGENKNECHT COMMENTED THAT HE RECEIVED A
LETTER FROM JOE CALIFANO OF THE NATIONAL CENTER ON ADDICTION AND SUBSTANCE
ABUSE AT COLUMBIA UNIVERSITY REGARDING A REQUEST TO PROCLAIM SEPTEMBER 22, 2003
AS FAMILY DAY. THE LETTER ALSO
REQUESTED THE BOARD’S SUPPORT OF “A FAMILY DAY – A DAY TO EAT DINNER WITH YOUR
CHILDREN”, AND STATED HE WOULD LIKE TO HAVE THIS PLACED ON A FUTURE AGENDA FOR
DISCUSSION.
MR.
CHIAT RESPONDED HE HAD ALSO RECEIVED A COPY OF THE LETTER AND FORWARDED THE
LETTER TO HEALTH AND HUMAN SERVICES WITH A REQUEST TO SEE WHAT ELSE MAY BE
PLANNED FOR FAMILY DAY.
18. County Executive Officer Report.
MR. CHIAT REPORTED THE PINK PERFECTION CAMELLIA
PLANT HAD BEEN SUCCESSFULLY TRANSPLANTED TO ITS NEW HOME.
MR.
CHIAT ADVISED THE BOARD THAT ON THEIR AGENDA FOR
AUGUST
12, 2003 AT 9:30 A.M., THE BUREAU OF RECLAMATION WILL GIVE A PRESENTATION ON
THE VISITOR SERVICES PLAN FOR BERRYESSA.
IN ADDITION, ON AUGUST 12, 2003, STAFF WILL PRESENT A REPORT REGARDING
THE TRANSIENT OCCUPANCY TAX.
18. Continued
MR.
CHIAT REPORTED THAT INTERVIEWS WILL BE CONDUCTED FOR THE PROJECT MANAGER
POSITION FOR NAPA
COUNTY LEAGUE OF GOVERNMENT (NCLOG)
NEXT WEEK.
MR.
CHIAT STATED THE JOINT MEETING WITH NAPA CITY COUNCIL SCHEDULED FOR JULY 29,
2003 WILL BE POSTPONED UNTIL THERE IS AN AGREEMENT ON THE HOUSING ELEMENT. AT THAT TIME, THE JOINT MEETING WILL BE
RESCHEDULED SO THAT A JOINT STAFF PRESENTATION CAN BE MADE.
MR.
CHIAT ALSO COMMENTED THAT HE IS CURRENTLY IN TALKS WITH THE CITY OF AMERICAN
CANYON REGARDING THE POSSIBILITY OF CONDUCTING JOINT MEETINGS WITH THE CITY
COUNCIL AND THE BOARD.
19.
Closed Session.
NONE
Adjournment.
ADJOURNED TO THE
BOARD OF SUPERVISORS’ REGULAR MEETING,
TUESDAY, JULY 29,
2003 AT 9:00 A.M.
__________________________________
BRAD
WAGENKNECHT, Chairperson
ATTEST: __________________________________ PAMELA
MILLER, Clerk of the Board
KEY
Vote: BW =
Brad Wagenknecht; BD = Bill Dodd; MR = Mike Rippey; ML = Mark Luce; DD = Diane
Dillon
The maker of the motion and second are reflected
respectively in the order of the recorded vote.
Notations under Vote: N = No; X = Excused; A = Abstain