AGENDA

MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

January 12, 1999

Call to Order.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, JANUARY 12, 1999 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRMAN MARK LUCE, SUPERVISORS MIKE RIPPEY, MEL VARRELMAN, KATHRYN WINTER AND BRAD WAGENKNECHT.

Pledge of Allegiance.

LINDA EMERSON, ATTORNEY, DICKENSON, PEATMAN & FOGARTY, LED THE SALUTE TO THE FLAG.

Public Comment

NONE

Consent Calendar

Director of Corrections requests approval of Budget Transfer No. 28 appropriating $47,854 from Contingencies (Budget Unit 91000) to Detention Medical Services (Budget Unit 24600) for inmate medical services.

APPROVED BW-R-V-W-L BT-28

X

Director of Corrections requests approval of and authorization for Chairman to sign an agreement with Bernadette Defilippis for the term January 12, 1999 through September 1, 1999 for collection of DNA samples as required by Penal Code 290.2.

APPROVED BW-R-V-W-L A-4107

X

Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 2131 with the University of California for $29,835 for the term July 1, 1998 through June 30, 1999 to provide training to Eligibility Division staff.

APPROVED BW-R-V-W-L A-2131

X

County Fire Chief requests authorization to pay invoices over one year old in the amount of $1,168.55 to St. Helena Hospital and Health Center.

APPROVED BW-R-V-W-L

X

Director of Conservation, Development and Planning requests approval of Budget Transfer No. 21 increasing revenue by $17,306 (Budget Unit 29000) with a corresponding increase in expenditures to fund the Silverado Parking Study.

APPROVED BW-R-V-W-L BT-21

X

Director of Public Works requests acceptance of work done and authorization for Chairman to sign and file a Notice of Completion with the Clerk/Recorder for Contract No. PW 97-11, "Relocation of Airport Road Project".

APPROVED BW-R-V-W-L

X

Director of Public Works requests authorization to reduce the retention from 10% to 5% for the Napa County Criminal Courts Building Project, PW 96-4.

APPROVED BW-R-V-W-L

X

Director of Public Works requests approval of and authorization for Chairman to sign an agreement with Valley Architects for $12,800 and 12% of construction costs should the County proceed with construction, for the term January 12, 1999 through June 30, 1999 for design work relating to the Napa County Airport Administration building.

APPROVED BW-R-V-W-L A-4106

X

Director of Public Works requests approval of the following relating to the Hazard Mitigation Grant Program (HMGP):

County participation in the HMGP operated by the Federal Emergency Management Agency (FEMA) and the State Office of Emergency Services, thereby accepting a $1.1 million grant;

Authorization for Director to sign on behalf of the County Participation Agreements prepared by County Counsel with up to thirty individual homeowners to provide partial reimbursement for the elevation of their homes above Base Flood Elevation under this program; and

Budget Transfer No. 30 establishing a $550,000 appropriation (Budget Unit 16000) for the FEMA Home Elevation Grant with a corresponding revenue offset in Capital Improvement Program account of the General Fund.

APPROVED BW-R-V-W-L BT-30

X

Acting Job Training Director requests authorization for out-of-state travel to attend the 1999 National Association of Private Industry Councils Forum in Washington, D.C., from February 28 through March 2, 1999 for an estimated cost of $1,000.

APPROVED BW-R-V-W-L

X

Clerk of the Board requests approval of the revised Conflict of Interest Codes for the Napa County Office of Education and the Napa Sanitation District.

APPROVED BW-R-V-W-L

X

Library Director requests authorization, pursuant to Resolution No. 97-134 Section 2, to accept a $3,000 donation from an individual who requests no public acknowledgment.

APPROVED BW-R-V-W-L

X

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

APPROVED BW-R-V-W-L

X

17. County Administrator requests approval of Budget Transfer No. 32 in the amount of

$118,200 from Appropriations for Contingencies, increasing Appropriations in Probation (Budget Unit 24700), District Attorney (Budget Unit 22400), Health and Human Services (Budget Unit 42000) and Equipment Pool (Budget Unit 18000) to support the County’s inter-agency response to gang-related activities.

APPROVED BW-R-V-W-L BT-32

X

County Administrator requests approval of and authorization for Chairman to sign Amendment No. 3 to Agreement No. 3759 with Ralph Hunter increasing the hourly compensation to $28 and extending the term through June 30, 2000 to provide services in the Emergency Services and Safety areas.

APPROVED BW-R-V-W-L A-3759

X (AMEND. 3)

Approve the recommendation of the County Administrator to accept the listing of applicants for two openings on the Napa County Commission on the Status of Women and consideration of the appointments for January 19, 1999:

Category Applicant Expiration of Term

General Public Joan H. Bristow October 1, 2000

Mary Ann Formosa

Lynn Pritchett-Newman

APPROVED BW-R-V-W-L

X

Approve the recommendation of the County Administrator to accept the listing of applicants for one opening on the Napa County Commission on Aging and consideration of the appointment for January 19, 1999:

Category Applicant Expiration of Term

Organization Concerned Thomas James Laborde September 30, 2000

With Older Adults Betty Lou Tronstad

APPROVED BW-R-V-W-L

X

Appointment of Karen Wyeth to serve on the Wildlife Conservation Commission as the Conservation, Development and Planning Commission representative with the term to expire February 1, 2000.

APPROVED BW-R-V-W-L

X

Appointment of G. Alan Murray to serve on the Napa State Hospital Task Force as a Community Member with the term to expire November 1, 1999.

APPROVED BW-R-V-W-L

X

Approve minutes of Board of Supervisors’ meeting of January 5, 1999.

APPROVED BW-R-V-W-L

X

Discussion of items removed from the Consent Calendar.

NONE

Set Matters

9:15 a.m. - Public Hearing - Proposed Agricultural Preserve Contract Amendment No. 98028-AGK request of Michael Marston to amend Type "H" Agricultural Preserve Contract No. 445/84 to conform to an adjustment of parcel boundaries involving a transfer of property between two contiguous parcels. The proposal would adjust the acreage of the parcel under contract from 67.24 acres to 109.2 acres. The parcel is located on White Sulphur Springs Road within an Agricultural Watershed (AW) Zoning District. (Assessor’s Parcel No. 027-020-026 and portion of No. 027-020-032). Environmental Determination: Categorically Exempt.

PUBLIC HEARING HELD

APPROVED REQUEST AND INSTRUCTED STAFF TO RECORD THE CONTRACT AMENDMENT. W-BW-R-V-L

X

9:30 a.m.- Public Hearing Appeal filed by Last Resort, Inc. to a decision by the Conservation, Development and Planning Commission on September 16, 1998 to deny Site Plan Approval No. 98047-SPA to establish a 100-seat restaurant open to the public at the Aetna Springs Resort on a 24.46 acre parcel located on the south side of Aetna Springs Road within an Agricultural Watershed (AW) Zoning District. (Assessor’s Parcel No. 018-020-046) (Continued from November 10, 1998) (Applicant requests continuance to March 23, 1999 at 9:30 a.m.)

PUBLIC HEARING CONTINUED TO MARCH 23, 1999 AT 9:30 A.M.

W-R-V-BW-L

10:00 a.m. - Public Hearings - Appeal filed by Susan J. Jinks to a decision by the Zoning Administrator:

On April 3, 1998 to deny Certificate of Compliance Request No. 94204-COC for an Unconditional Certificate of Compliance to recognize a 27.08 acre parcel as a legal lot of record located approximately one mile northeast of Silverado Trail from a point two miles southeast of the intersection with Yountville Cross Road within an Agricultural Watershed (AW) Zoning District. (Assessor’s Parcel No. 032-400-008) Environmental Determination: Exempt from California Environmental Quality Act (CEQA).

On April 3, 1998 to deny Certificate of Compliance Request No. 94205-COC for an Unconditional Certificate of Compliance to recognize an 18.24 acre parcel as a legal lot of record located approximately one mile northeast of Silverado Trail from a point two miles southeast of the intersection with Yountville Cross Road within an Agricultural Watershed Zoning District. (Portion of Assessor’s Parcel No. 032-400-009) Environmental Determination: Exempt from CEQA.

On April 17, 1998 to deny Certificate of Compliance Request No. 94207-COC for an Unconditional Certificate of Compliance to recognize a 20.75 acre parcel as a legal lot of record located approximately one mile northeast of Silverado Trail from a point two miles southeast of the intersection with Yountville Cross Road within an Agricultural Watershed Zoning District. (Portion of Assessor’s Parcel No. 032-400-009) Environmental Determination: Exempt from CEQA.

(Continued from July 28, September 1 and November 10, 1998)

(Applicant requests continuance to March 9, 1999 at 9:30 a.m.)

PUBLIC HEARING CONTINUED TO MARCH 9, 1999 AT 9:30 A.M.

BW-R-V-W-L

Regular Calendar

Director of Health and Human Services Agency to make a presentation about homeless issues including a discussion on availability of shelters during cold weather.

STRATEGIES FOR WORKING WITH THE HOMELESS OF NAPA WERE PRESENTED.

Library Director to report on five year strategic planning process.

REPORT PRESENTED

Discussion and possible adoption of a resolution regarding adjustments in the allocation of property taxes as a result of the annexation of certain property to the City of American Canyon and the annexation of certain other property to the American Canyon Fire Protection District.

ADOPTED RESOLUTION BW-R-V-W-L R-99-6

X

Discussion and possible action regarding legislation.

NONE

Board of Supervisors’ Committee Reports and Announcements.

SUPERVISOR RIPPEY REPORTED ON THE FOLLOWING:

MENTAL HEALTH ADVISORY BOARD MEETING AND UPCOMING QUARTERLEY MEETING WITH EMPHASIS ON DEVELOPMENT OF A PROGRAM FOR A SMOKE-FREE HEALTH & HUMAN SERVICES CAMPUS.

SAN FRANCISCO BAY CONSERVATION DEVELOPMENT COMMISSION (BCDC) MEETING AND CALTRANS PROPOSAL TO BUILD A NEW SAN MATEO BRIDGE WHICH DOES NOT INCLUDE BICYCLE AND PEDESTRIAN ACCESS AND BCDC DIRECTION TO COME BACK WITH A PROPOSAL WHICH INCLUDES BICYCLE AND PEDESTRIAN ACCESS.

FUTURE PROPOSAL TO EXPAND THE RUNWAYS AT SAN FRANCISCO INTERNATIONAL AIRPORT BY ADDING FILL TO THE BAY AND PROPOSED RESTORATION OF CARGILL WETLANDS SURROUNDING THE AIRPORT.

GANG VIOLENCE PREVENTION TASK FORCE MEETING, WEDNESDAY, JANUARY 13, 1999, INTRODUCTION OF THE COUNTY’S NEW GANG PROSECUTOR DOUGLAS PHARR AND DISCUSSION OF LAW ENFORCEMENT EFFORTS.

SUPERVISOR WAGENKNECHT REPORTED ON THE FOLLOWING:

NAPA COUNTY FAMILY VIOLENCE PREVENTION COUNCIL PROPOSAL THAT WOULD REQUIRE RELINQUISHMENT OF FIREARMS IN DOMESTIC VIOLENCE CASES WHERE A RESTRAINING ORDER HAS BEEN OBTAINED.

SUPERVISOR WINTER REPORTED ON THE FOLLOWING:

ASSOCIATION OF BAY AREA GOVERNMENTS’ (ABAG)

HOUSING ALLOCATION PROJECT AND THAT MAYOR MARY LOU HOLT, TOWN OF YOUNTVILLE WILL BE ON THE 18-MEMBER TASK FORCE OF ELECTED OFFICIALS WHOSE CHARGE IS TO DEVELOP A METHOD FOR DISTRIBUTING THE HOUSING UNITS AND THEY ARE RECRUITING FOR A PLANNER TO PROVIDE ASSISTANCE WITH THE PROJECT. SHE (SUPERVISOR WINTER) WILL SERVE ON THE 40-MEMBER PEER REVIEW GROUP AND SUPERVISOR RIPPEY WILL BE INVOLVED IN THE APPROVAL PROCESS WHEN THE PROJECT COMES BEFORE THE ABAG EXECUTIVE COMMITTEE.

32. Continued

NAPA VALLEY HOUSING AUTHORITY MEETING AND RECRUITMENT OF A PLANNER FOR THE ASSOCIATION OF BAY AREA GOVERNMENTS’ (ABAG) HOUSING ALLOCATION PROJECT AND AGREED THAT EACH MEMBER WOULD SOLICIT FOR A PLANNER FOR THE PROJECT.

SUPERVISOR RIPPEY REQUESTED AND SUPERVISOR WINTER AGREED TO ATTEND THE ABAG EXECUTIVE COMMITTEE MEETING ON JANUARY 21, 1999 AS HE WILL BE ATTENDING THE FIRST MEETING OF THE NAPA RIVER WATERSHED TASK FORCE.

Board of Supervisors’ Future Agenda Items.

1/19/99 – APPOINTMENT OF BOARD OF SUPERVISORS’ REPRESENTATIVE TO THE LIBRARY STRATEGIC PLAN RESOURCE COMMITTEE.

Department Heads’ Reports and Announcements.

COUNTY ADMINISTRATOR JAY HULL REPORTED ON THE STATUS OF THE STATE BUDGET UNDER THE NEW ADMINISTRATION.

MR. HULL ADVISED THAT DALE WAGERMAN AND DON PETERSON, NAPA COUNTY’S LEGISLATIVE LOBBYISTS, WILL PRESENT THE LEGISLATIVE PLATFORM AT THE JAN/UARY 19, 1999 BOARD OF SUPERVISORS’ MEETING AND PLANS FOR MEETINGS WITH NEWLY ELECTED LEGISLATIVE REPRESENTATIVES.

Closed Session regarding:

A. Conference with Legal Counsel – Anticipated Litigation

Significant exposure to litigation pursuant to Subdivision (b)(1) of Government Code Section 54956.9: (One)

Initiation of litigation pursuant to Subdivision (c) of Government Code Section 54956.9: (One)

THE BOARD GRANTED AUTHORITY TO INITIATE LITIGATION.

R-W-BW-L-V

X

35. Continued

Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9)

Name of Case: Napa Citizens for Honest Government et al v. Napa County Board of Supervisors (Napa Superior Court Case No. 26-04014).

Name of Case: Foster v. County of Napa, et al (Napa Superior Court Case No. 77910).

CLOSED SESSION HELD – NO REPORT

Public Employee Performance Evaluation (Government Code Section 54957)

Title: Director of Public Works.
CLOSED SESSION HELD – NO REPORT

Adjournment
ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

JANUARY 19, 1999 AT 9:00 A.M.

MARK LUCE

Chairman

ATTEST:

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