MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

March 2, 1999

 

  1. Call to Order.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, MARCH 2, 1999 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRMAN MARK LUCE, SUPERVISORS MIKE RIPPEY, MEL VARRELMAN, KATHRYN WINTER AND BRAD WAGENKNECHT.

  1. Pledge of Allegiance.

DR. OLIVE JACK WITH THE NAPA COUNTY COMMISSION ON AGING LED THE SALUTE TO THE FLAG.

  1. Public Comment.
  2. NONE

     

    Consent Calendar

  3. Auditor-Controller requests approval of and authorization for Chairman to sign an agreement with Bartig, Basler and Ray in the amount of $7,500 for the term March 2, 1999 through June 30, 1999 to conduct a rate review of the Napa Valley Disposal Service.
  4. APPROVED BW-V-R-W-L A-4133

  5. Auditor-Controller requests authorization to draw a warrant in the amount of $97,000 from the Napa County Fair Fund, payable to the Napa County Fair, for the purpose of replenishing their operating fund.
  6. APPROVED BW-V-R-W-L

  7. Director of Health and Human Services Agency requests adoption of a resolution authorizing the application of a $175,000 grant from the California Department of Mental Health for the "Supportive Housing Demonstration Project" providing services to homeless persons.
  8. APPROVED BW-V-R-W-L R-99-18

  9. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 3608 with Therapy Link for Children for a maximum of $71,246 for the term October 1, 1998 through June 30, 1999 to provide occupational and physical therapy services.
  10. APPROVED BW-V-R-W-L A-3608

     

     

  11. Director of Health and Human Services Agency approval of Budget Transfer No. 47, realizing revenue in the amount of $69,987 and appropriating this amount to fund staff and contract activities funded through the MediCal Outreach grant.
  12. APPROVED BW-V-R-W-L BT-47

  13. Director of Environmental Management requests approval of Budget Transfer No. 46 transferring $4,000 from the Departments’ Incentive Funds to Fixed Assets, and authorization to purchase an In Focus projector.
  14. APPROVED BW-V-R-W-L BT-46

  15. 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. RDS 97-21, "Seismic Retrofit of Trancas and Bale Lane Bridges Project."
  16. APPROVED BW-V-R-W-L

  17. Director of Public Works requests approval of and authorization for Chairman to sign a Certificate of Acceptance of an Avigation and Hazard Easement Deed from John E. Ahmann, Judy Ahmann, and Christina Ahmann (Assessor’s Parcel No. 048-030-026) located in the general vicinity of Milton Road.
  18. APPROVED BW-V-R-W-L

  19. Director of Public Works requests adoption of a resolution temporarily restricting parking along portions of Imola Avenue from Soscol Avenue to Fourth Avenue and along Fourth Avenue from Imola Avenue to 1,000 feet north from Friday, March 26, 1999 to Sunday, March 28, 1999 and the temporary closure of Penny Lane to all but residents on Saturday, March 27, 1999 and Sunday, March 28, 1999 during the Grundig International Bicycle Race at Skyline Park.
  20. APPROVED BW-V-R-W-L R-99-19

  21. Director of Public Works requests adoption of a resolution authorizing submittal of a Transportation Development Act (TDA) Article 3 application for $25,000 to sign various County roadways as Class III bikeways.
  22. APPROVED BW-V-R-W-L R-99-20

  23. Director of Public Works requests adoption of a resolution approving a Transportation Development Act (TDA) Article 3 claim for $10,000 for a countywide bicycle map and authorization for the Public Works Director to transfer the funds to the Napa County Transportation Planning Agency (NCTPA) to create the map.
  24. APPROVED BW-V-R-W-L R-99-21

  25. Director of Public Works requests the Board approve the reduction, from 10% to 5%, of the amount withheld from payments to the contractor for work completed on the Health and Human Services Agency Project, PW 97-6.
  26. APPROVED BW-V-R-W-L

     

     

  27. Director of Public Works requests approval of Budget Transfer No. 45 transferring $57,977 from Capital Projects, Maintenance to the Health and Human Services (HHS) Project to allow budgeted maintenance projects to be completed as part of the HHS Project.
  28. APPROVED BW-V-R-W-L BT-45

  29. Director of Public Works requests authorization for out-of-state travel for County Board of Supervisors member, Mike Rippey, and Flood Control District staff member, Dave Dickson, to travel to Washington, D.C., March 15 through 17, 1999 for meetings regarding the Army Corps of Engineers’ budget at an estimated cost of $1,200 each.
  30. APPROVED BW-V-R-W-L

  31. Director of Public Works requests approval of Budget Transfer No. 40 increasing the appropriation for the Criminal Courts Building in various budget units by a total of $301,230 to fund the closeout of the project, with offsetting revenue from unused balances in past Certificates of Participation issues.
  32. APPROVED BW-V-R-W-L BT-40

  33. Second reading and adoption of Ordinance Amendment No. 98248-ORD proposing to amend Title 18, Chapter 18.104 of the Napa County Code by adding a new Section 18.104.235 to allow exceptions to winery setback requirements for historical buildings and sites provided certain criteria are met.
  34. APPROVED BW-V-R-W-L O-1153

  35. Board of Supervisors meeting as the Board of Directors of the Silverado Community Services District.
  36. (SEE SILVERADO COMMUNITY SERVICES DISTRICT MINUTES)

     

  37. Clerk of the Board requests approval of and authorization for the Registrar of Voters to establish a Central Counting Precinct at Napa County Elections Department to conduct an election in consolidation with the June 8, 1999 Special Election pursuant to Education Code 5091(a), request of Barbara Nemko, Ph.D., Napa County Superintendent of Schools on behalf of Howell Mountain School District and with the provision that all services rendered by the County in connection with such an election be reimbursed in full.
  38. APPROVED BW-V-R-W-L

  39. Congress Valley Water District, pursuant to Government Code Section 26909(f), requests approval to replace the annual audit with a biennial audit, effective March 2, 1999. (Unanimous vote of the Board required)
  40. APPROVED BW-V-R-W-L

  41. Personnel Director requests authorization to amend the Table and Index increasing the salary of certain management positions, effective March 6, 1999. (Details on file with the Clerk of the Board)
  42. APPROVED BW-V-R-W-L

     

  43. Personnel Director requests the following actions effective March 6, 1999: (Details on file with the Clerk of the Board)

    1. Amend Departmental Allocation Lists as follows:

    1. Delete subsequent vacancy in Napa Consolidated Courts (Budget 21000) as a result of filling the Court Administrative Assistant position through departmental promotion or transfer; and
    2. Delete Court System Specialist in Napa Consolidated Courts and add Court System Specialist to Court Data Processing (Budget Unit 20900).

    1. Amend Table and Index for Court Administrative Assistant; and
    2. Approve revised class specification for Court Administrative Assistant.

APPROVED BW-V-R-W-L

  1. Personnel Director requests the following actions effective March 6, 1999: (Details on file with the Clerk of the Board)

    1. Amend Table and Index for Public Works Accounting and Computer Systems Supervisor; and
    2. Approve revised class specification for Public Works Accounting and Computer Systems Supervisor.

APPROVED BW-V-R-W-L

  1. Personnel Director requests approval of revised class specification for Supervising Accountant-Auditor. (Copy on file with the Clerk of the Board)
  2. APPROVED BW-V-R-W-L

  3. Regional Training Employment Coordinator requests authorization to amend the Departmental Allocation List for Regional Training Employment (Budget Unit 50600) adding one (1) Secretary, Limited Term, effective March 6, 1999 through September 30, 1999 and deleting a .5 Office Assistant I, Limited Term.
  4. APPROVED BW-V-R-W-L

  5. County Administrator requests the following actions:

    1. Second reading and adoption of an ordinance amending certain sections of Chapter 8.08 of the Napa County Code to prohibit smoking in bars to comply with California Labor Code Section 6404.5 and to make certain technical corrections; and
    2. APPROVED BW-V-R-W-L O-1152

      28. Continued

    3. Adoption of a revised Smoking Policy which prohibits smoking in all enclosed and semi-enclosed facilities within County places of employment.

APPROVED BW-V-R-W-L

 

  1. County Administrator requests amendment of 1999 Meeting Schedule for the Board of Supervisors to specify that the Board will meet on Tuesday, March 30, 1999 and will not meet April 6, 1999.
  2. APPROVED BW-V-R-W-L

  3. County Administrator requests acceptance of the listing of applicants for one (1) opening on the Napa County Commission on Aging and consideration of the appointment for March 9, 1999:

Category Applicant Expiration of Term

Organization Concerned Bonnie Leigh Anderson September 30, 2000

with Older Adults Betty Lou Tronstad

Lillian S. West

APPROVED BW-V-R-W-L

  1. Reappointment of David G. Duckhorn and Gary Van Scyoc to serve as Citizen members on the Wildlife Conservation Commission with the terms to expire February 1, 2002.

APPROVED BW-V-R-W-L

  1. Approve minutes of Board of Supervisors’ meeting of February 23, 1999.
  2. CONTINUED TO MARCH 9, 1999 TO ALLOW THE CLERK OF THE BOARD TO AMEND THE MINUTES TO INDICATE THAT SUPERVISOR KATHRYN WINTER HAD ABSTAINED FROM VOTING DUE TO A CONFLICT OF INTEREST ON ITEM NUMBER 16 (RESOLUTION AUTHORIZING THE SUBMISSION OF THE ANSWERS BENEFITTING CHILDREN (ABC) GRANT PROPOSAL WHICH WAS NOT REFLECTED IN THE MINUTES.

    SUPERVISOR WINTER INDICATED THAT SHE HAD INTENDED TO ALSO ABSTAIN ON ITEM NUMBER 13 (AGREEMENT WITH THE NAPA COUNTY COUNCIL FOR ECONOMIC OPPORTUNITY, INC. (NCCEO) OR THE NAPA SENIOR NUTRITION PROGRAM). HOWEVER, FOLLOWING DISCUSSION, STAFF WAS ASKED TO LOOK AT ALTERNATIVES TO RESOLVE THE MATTER.

    BW-V-R-W-L

  3. Discussion of items removed from the Consent Calendar.

NONE

 

Set Matters

  1. 9:05 a.m. – Sheriff to present update on gang-related activities in Napa County.
  2. UPDATE PRESENTED BY LIEUTENANT BRIAN BANDUCCI.

  3. 9:15 a.m. - Napa County Commission on Aging to present Annual Report. (Copy on file with the Clerk of the Board)

REPORT PRESENTED BY JOICE BEATTY, CHAIRPERSON AND DR. OLIVE JACK.

  1. 9:30 a.m. – Public Hearing – Board to consider Application for Abatement of Penalty for failure to timely file a Change of Ownership Statement filed by Robert D. Egan.
  2. PUBLIC HEARING HELD

    THE BOARD ABATED THE PENALTY.

    BW-W-R-V-L

  3. 10:00 a.m. - Director of Health and Human Services Agency requests approval of and authorization to release a Request For Proposals for Emergency Advanced Life Support Ambulance Services in Napa County. (Details on file with the Clerk of the Board)
  4. A MOTION BY SUPERVISOR VARRELMAN, SECONDED BY SUPERVISOR WAGENKNECHT TO DIRECT STAFF TO BIFURCATE THE REQUEST FOR PROPOSALS (RFP’S) INTO AN UP-VALLEY ZONE AND A DOWN-VALLEY ZONE FAILED ON THE FOLLOWING ROLL CALL VOTE:

    V-BW-R-W-L

    N N N

    SUPERVISOR VARRELMAN MADE A MOTION TO ABSTRACT ANGWIN FROM THE RFP. HOWEVER, FOLLOWING DISCUSSION, THE MOTION DIED FOR LACK OF A SECOND.

    CONTINUED TO MARCH 9, 1999 TO ALLOW STAFF TO LOOK AT THE POSSIBILITY OF BIFURCATING THE RFP INTO AN UP-VALLEY ZONE AND A DOWN-VALLEY ZONE AND ISSUES RAISED BY SUPERVISOR VARRELMAN INCLUDING THE ANGWIN ISSUE.

    R-W-V-BW-L

    A

    SUPERVISOR WINTER SUGGESTED THAT COST INFORMATION BE PROVIDED TO THE BOARD.

    THE BOARD RESCINDED ITS PREVIOUS MOTION TO CONTINUE THE MATTER TO MARCH 9, 1999.

    R-W-V-BW-L

    A

    37. Continued

    CONTINUED TO MARCH 30, 1999 TO ALLOW STAFF TO LOOK AT THE POSSIBILITY OF BIFURCATING THE RFP INTO AN UP-VALLEY ZONE AND A DOWN-VALLEY ZONE AND ISSUES RAISED BY SUPERVISOR VARRELMAN INCLUDING THE ANGWIN ISSUE.

    R-BW-V-W-L

  5. 11:15 a.m. – Tour of Criminal Courts Building.

TOUR CANCELLED AND STAFF WAS ASKED TO RESCHEDULE.

  1. 1:30 p.m. – Recess to the Napa County Flood Control and Water Conservation District meeting.

(SEE NAPA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT MINUTES)

Regular Calendar

  1. County Administrator requests the following related to the Napa County Children and Families First Commission:

    1. Acceptance of the listing of applicants for five (5) current openings for consideration on March 9, 1999 with terms of office to be determined by lot with one term to expire January 1, 2000, one to expire January 1, 2001, one to expire January 1, 2002 and two to expire January 1, 2003.

1 – Member of the Napa County Board of Supervisors.

Supervisor Winter

2 – to be selected from among the County Health Officer and those persons being responsible for the management of County functions pertaining to children’s services, public health services, behavioral health services, social services and tobacco and other substance abuse prevention and treatment services.

Dr. Kristie A. Brandt *

Teresa M. Longoria *

2 – to be selected from among those persons described in the paragraph above and those persons who are educators specializing in early childhood development, representatives of a local child care resource or referral agency, or a local child care coordinating group, representatives of a local organization for prevention or early intervention for families at risk, representatives of community-based organizations that have the goal of promoting nurturing and early childhood development, representatives of local school districts, representatives of local medical, pediatric or obstetric associations or societies, recipients of project services included in the County strategic plan.

  1. Continued

Gail V. Adams Patricia Jennings

Tony Apolloni, Ph.D. Hope Lugo

Dan Corsello Lisa G. Lyke

Dianne "Dee" M. Cuney Dr. George Monteverdi

Cristine Eugenia Gallagher Tina M. Persaud

Bruce Heid * Mary "Michele" Savage

Darlene Elaine Howell Ardis J. Troedson

Jay Hull * James Robert Wallis, Jr.

APPROVED REQUEST R-V-W-BW-L

    1. Discussion and possible action directing staff to prepare an ordinance amending Napa County Code Section 2.71.060 and 2.71.070 to increase the membership of the Commission from five (5) members to nine (9) members and designate staggered terms in accordance with the increase.

APPROVED REQUEST V-W-R-BW-L

  1. Appointment to the Conservation, Development and Planning Commission/Airport Land Use Commission:

    1. Consideration of the appointment of Supervisor Brad Wagenknecht’s
    2. nomination to the Conservation, Development and Planning Commission (CDPC)/Airport Land Use Commission (ALUC) for the term of office prescribed by Section 2.72 of the Napa County Code which provides that the term of office shall run coterminous with the term of office of the appointing Board of Supervisor member:

      Applicants: Kyle Brocker

      Gerald Jay Golik

      David W. Graves

      SUPERVISOR WAGENKNECHT NOMINATED AND THE BOARD APPOINTED DAVID W. GRAVES.

      BW-R-V-W-L

    3. If the applicant appointed to the CDPC has no aviation expertise, then it is recommended that the terms of both ALUC Commissioners Carl Joseph Kangas and Roger Allen Collinson be unspecified.

APPROVED RECOMMENDATION

R-W-V-BW-L

 

  1. Discussion and possible action regarding legislation.
  2. NANCY WATT, LEGISLATIVE ANALYST WITH THE COUNTY ADMINISTRATOR’S OFFICE REPORTED ON S. 432 (THURMOND) WHICH WOULD INCREASE THE RATE OF TAX ON WINE. MS. WATT TO PREPARE RESOLUTION IN OPPOSITION TO S. 432 FOR CONSIDERATION BY THE BOARD MARCH 9, 1999 AND TO BE FORWARDED TO THE CALIFORNIA STATE ASSOCIATION OF COUNTIES EXECUTIVE COMMITTEE, THE CONGRESSIONAL DELEGATION AND LOCAL LEGISLATORS.

    SUPERVISOR RIPPEY REPORTED ON SECRETARY OF AGRICULTURE’S ATTEMPT TO STABILIZE REVENUES FOR TIMBER HARVEST COUNTIES.

  3. Board of Supervisors’ Committee Reports and Announcements.

SUPERVISOR WINTER REPORTED ON THE FOLLOWING:

SUPERVISOR RIPPEY REPORTED ON THE FOLLOWING:

IN PUBLIC TRUST.

43. Continued

SUPERVISOR WAGENKNECHT REPORTED ON THE FOLLOWING:

CHAIRMAN LUCE REPORTED ON THE FOLLOWING:

  1. Board of Supervisors’ Future Agenda Items.
  2. 3/9/99 - RESOLUTION SUPPORTING METROPOLITAN TRANSPORTATION COMMISSION’S PREFERRED ALTERNATIVE FOR THE NEW EAST SPAN OF THE SAN FRANCISCO-OAKLAND BAY BRIDGE. (SUPERVISOR WINTER)

    NON SPECIFIC DATE – DISCUSSION AND POSSIBLE ACTION REGARDING PROPOSITION 10 (ADDITIONAL TOBACCO SURTAX FOR EARLY CHILDHOOD DEVELOPMENT) NATIONAL TOBACCO SETTLEMENT AND IMPLICATIONS TO NAPA COUNTY. (SUPERVISOR RIPPEY)

  3. Department Heads’ Reports and Announcements.
  4. NONE

  5. Closed Session regarding:

A. Conference with Legal Counsel - Anticipated Litigation

Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: (Three cases)

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

B. 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 et. al. (Napa Superior Court Case No. 26-04014).

CLOSED SESSION HELD – NO REPORT

 

 

Adjournment

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

MARCH 9, 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