MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

May 11, 1999

 

  1. Call to Order.

    2. THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, MAY 11, 1999 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRMAN MARK LUCE, SUPERVISORS MIKE RIPPEY, KATHRYN WINTER AND BRAD WAGENKNECHT. SUPERVISOR MEL VARRELMAN WAS EXCUSED.

  2. Pledge of Allegiance.

    3. PERSONNEL DIRECTOR BRUCE HEID LED THE SALUTE TO THE FLAG.
  3. Public Comment.

    4. GREG WILLIS REQUESTED THE BOARD INVESTIGATE REPORTS OF UNITED STATES’ AIRFORCE JETS ALLEGEDLY SPRAYING FUEL LACED WITH HAZARDOUS CHEMICALS OVER THE NORTH BAY AREA AT THE 8,000’ T0 10,000’ LEVELS.

    STAFF WAS DIRECTED TO CONTACT THE UNITED STATES AIRFORCE TO DETERMINE THE ACCURACY OF THE REPORT.

  4. Director of Corrections requests approval of Budget Transfer No. 84 for $17,560 transferring funds within the budget unit (24500) to establish a fixed asset line item to purchase a steamer, mixer and power snake.

    5. APPROVED W-BW-R-V-L BT-84

    X

  5. District Attorney requests approval of Budget Transfer No. 85 for $5,250 transferring funds within the Public Administrator/Guardian Budget Unit (28900) to establish a fixed asset line item to purchase a multimedia projection system.

    6. APPROVED W-BW-R-V-L BT-85

    X

  6. District Attorney requests approval of Budget Transfer No. 82 in the amount of $3,408 from the Consumer Affairs Trust Fund to purchase a laptop computer, scanner and sheet feeder, for the Consumer/Environmental and Code/Zoning Enforcement Division (Budget Unit 22400).

    7. APPROVED W-BW-R-V-L BT-82 X

     

  7. District Attorney requests adoption of a resolution approving and authorizing Chairman to sign the Standard Agreement relating to the Domestic Violence Grant from the Office of Criminal Justice Planning accepting one time funding of $145,890 for the term June 1, 1999 through October 31, 1999.

    8. APPROVED W-BW-R-V-L R-99-49

    X A-4163

  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 Abuse Prevention Services dba Child Or Parent Emergency (COPE), for a maximum of $10,000 for the term July 1, 1998 through June 30, 1999 to provide administrative services for the County’s Child Abuse Prevention Council.

    9. APPPROVED W-BW-R-V-L A-2731 X

  9. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 3884 with the California Emergency Medical Services Authority extending the term from June 30, 1999 through June 30, 2000 to continue the automated data collection grant.

    10. APPROVED W-BW-R-V-L A-3884 X (AMEND. 1)

  10. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the following agreements with the Volunteer Center:

    1. Agreement to administer services for families at risk of gang activity, for a maximum of $9,800 for the term February 1, 1999 through June 30, 1999; and

      2. APPROVED W-BW-R-V-L A-4160

      X

    2. Agreement to administer early intervention services for drug and alcohol programs, for a maximum of $21,760 for the term April 15, 1999 through June 30, 1999.

APPROVED W-BW-R-V-L A-4161

X

  1. Director of Public Works requests approval of the following:

    1. Budget Transfer No. 86 appropriating $20,000 in the Equipment Pool (Budget Unit 18000), with offsetting revenue from the Abandoned Vehicle Abatement Trust Fund, for the purchase of a Ranger pick-up for the Environmental Management Abandoned Vehicle Abatement Program; and

      2. APPROVED W-BW-R-V-L BT-86

      X

       

      11. Continued

    2. Budget Transfer No. 81 transferring $16,000 to the Equipment Pool (Budget Unit 18000) from the Agricultural Commissioner (Budget Unit 26400) for the purchase of two all-terrain vehicles (ATV), as approved by the Board on April 27, 1999.

APPROVED W-BW-R-V-L BT-81

X

  1. Director of Public Works requests approval of Budget Transfer No. 83 establishing a $135,000 appropriation in the Capital Improvement Budget (Budget Unit 16000), for the purchase and installation of an emergency generator to serve the Health and Human Services/Juvenile Hall complex, with offsetting revenue from unallocated 1993 Certificates of Participation funds.

    2. APPROVED W-BW-R-V-L BT-83

    X

  2. Director of Public Works requests approval of and authorization for Chairman to sign Amendment No. 2 to Agreement No. 3357 with Napa Mill Development Company for the provision of additional parking spaces for use by the County.

    3. APPROVED W-BW-R-V-L A-3357

    X (AMEND. 2)

  3. Director of Public Works requests approval of plans and specifications for the "Hall of Justice Corrections Booking Area and Work Furlough Modifications Project," PW 99-5, and authorization for the advertising for bids, setting 3:30 p.m. on June 9, 1999 for the opening of the sealed bids.

APPROVED W-BW-R-V-L

X

  1. Director of Public Works requests approval of and authorization for Chairman to sign the following agreements with Terrance E. Lowell & Associates, Inc. with terms to expire September 30, 1999 for specialized engineering and professional services as follows:

    1. Agreement to calculate the 1999/2000 fire and street maintenance

      2. improvement assessments for County Service Area (CSA) No. 3, at a cost not to exceed $8,925; and

      APPROVED W-BW-R-V-L A-3933

      X

    2. Agreement to initiate annexation proceedings of properties to the north of County Service Area No. 3, at a cost not to exceed $9,905.

APPROVED W-BW-R-V-L A-4162

X

 

  1. County Counsel requests the following actions:

    1. Determine that the County will not participate in the 1999/2000 Tax and Revenue Anticipation Note Program on behalf of the Calistoga Joint Unified School District, the Napa Valley Unified School District, and the St. Helena Unified School District because such Districts have chosen to participate in a pooled cash flow borrowing program sponsored by the California School Boards Association Finance Corporation; and

      2. THE BOARD DETERMINED IT WOULD NOT PARTICIPATE IN THE 1999/2000 TAX AND REVENUE ANTICIPATION NOTE PROGRAM.

      W-BW-R-V-L

      X

    2. Direct staff to advise Bond Counsel for the Districts of the Board’s decision not to participate.

STAFF WAS DIRECTED TO NOTIFY BOND COUNSEL FOR THE CALISTOGA JOINT UNIFIED SCHOOL DISTRICT, THE NAPA UNIFIED SCHOOL DISTRICT AND THE ST. HELENA UNIFIED SCHOOL DISTRICT OF IT’S DETERMINATION. W-BW-R-V-L

X

  1. Local Enforcement Agency Manager requests adoption of a resolution Authorizing an

    2. Application for a Solid Waste Enforcement Assistance Grant for Fiscal Year 1999/2000 in the amount of $17,500 to the California Integrated Waste Management Board.

    APPROVED W-BW-R-V-L R-99-50

    X

  2. Personnel Director requests the following actions effective May 29, 1999: (Details on file with the Clerk of the Board)

    1. Amend the Personnel Departmental Allocation List (Budget Unit 13000) to delete one (1) Administrative Services Supervisor and one (1) Senior Office Assistant; and add one (1) Personnel Services Specialist and one (1) Supervising Office Assistant, a net staffing change of zero;

    2. Amend the Table and Index to reflect the above allocation list change; and

    3. Approve a new class specification.

APPROVED W-BW-R-V-L

X

 

  1. County Administrator requests approval and authorization for out-of-state travel for the County Administrator, Treasurer/Tax Collector, Auditor/Controller and Community Partnership Manager to New York from May 22 through 27, 1999, on behalf of the Napa County Flood Protection and Watershed Improvement Authority, to meet with investors and credit rating agencies prior to the issuance of sales tax revenue bonds by the Authority.

    2. APPROVED AND CORRECTED TO REFLECT THE DEPARTURE DATE AS MAY 21 RATHER THAN MAY 22, 1999.

    W-BW-R-V-L

    X

  2. County Administrator requests approval of and authorization for Chairman to sign Amendment No. 6 to Agreement No. 3295 with Arts Council of Napa Valley in the amount of $58,000, with offsetting revenue from the State of California, for the term July 1, 1998 through June 30, 1999 for the Arts in Mental Health Program.

    3. APPROVED W-BW-R-V-L A-3295 X (AMEND. 6)

  3. County Administrator requests approval of and authorization for Chairman to sign the following related to the continuation of the Victim Witness Services Program:

    1. Grant Agreement No. VW97180280 with the State Office of Criminal Justice Planning; and

APPROVED W-BW-R-V-L

X

B. Amendment No. 12 to Agreement No. 1530-B with the Volunteer Center, increasing the amount by $152,932 for the term July 1, 1999 to June 30, 2000.

APPROVED W-BW-R-V-L A-1530-B X (AMEND. 12)

22. County Administrator requests approval of and authorization for Chairman to sign Amendment No. 6 to Agreement No. 2208-B with the Napa Valley Economic Development Corporation decreasing the amount by $40,000 to a new total of $15,000 for marketing services.

APPROVED W-BW-R-V-L A-2208-B X (AMEND. 6)

  1. County Administrator/Purchasing Agent requests authorization to declare a Portable Hangar located at the County Airport as surplus and dispose of it at public auction.

APPROVED W-BW-R-V-L X

 

 

  1. County Administrator requests the following:

    1. Approve and authorize the Chairman to sign the "Closing Agreement on Final Determination Covering Specific Matters" between the County of Napa and United States Department of Treasury-Internal Revenue Service, in resolution of understated reportable income and taxes due for taxable years 1995, 1996 and 1997; and located at the County Airport as surplus and dispose of it at public auction.

      2. APPROVED W-BW-R-V-L A-4159 X

    2. Approve Budget Transfer No. 87, moving $200,000 from Contingencies (Budget Unit 91000) to Central Services (Budget Unit 17800).

APPROVED W-BW-R-V-L BT-87 X

25. Appoint Kevin Ryan to serve on the Tobacco Advisory Board representing a Health Care Organization with the term of office to expire January 31, 2000.

APPROVED W-BW-R-V-L X

26. Approve minutes of Board of Supervisors’ meeting of May 4, 1999.

APPROVED W-BW-R-V-L X

27. Discussion of items removed from the Consent Calendar.

NONE

  1. 9:10 a.m. - Public Hearing - First and final reading and adoption of an ordinance amending the agreement with the Board of Administration of Public Employees’ Retirement System (PERS) to provide one year final compensation for County Peace Officers hired after March 24, 1984, pursuant to Government Code Section 20042.

PUBLIC HEARING HELD

TITLE READ

WAIVED READING BALANCE OF THE ORDINANCE

W-BW-R-V-L

X

ADOPTED ORDINANCE W-BW-R-V-L O-1156

X A-1464

 

29. 9:15 a.m. - Public Hearing - Appeal filed by Cathy Roche, on behalf of E. Richard Jones to a decision by the Conservation, Development and Planning Commission on October 9, 1998 to require that fill deposited in an on-site stream for a flat pad and vineyard access road be removed and the site be restored to its original condition located on two parcels east of Silverado Trail, 3884 Silverado Trail, Calistoga, within an Agricultural Watershed (AW) Zoning District. (Assessor’s Parcel Nos. 021-010-069 and 021-010-070)

Environmental Determination: Exempt from California Environmental Quality Act.

(Continued from November 24, 1998 and February 9, 1999) (Applicant Requests

Continuance of the Public Hearing to May 25, 1999. Staff Concurs.)

PUBLIC HEARING OPENED - NO TESTIMONY PRESENTED

PUBLIC HEARING CONTINUED TO MAY 25, 1999.

R-W-V-BW-L

X

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

(requires unanimous vote):

    1. Support of bills related to the Return of Property Taxes: ACA 17, SB 165, AB 1195 and ACA 11;

      2. THE BOARD WENT ON RECORD TO SUPPORT THESE BILLS.

      R-W-V-BW-L

      X

    2. AB 1612 (Florez) related to funding for repair of local streets and highways (Continued from May 4, 1999); and

THE BOARD WENT ON RECORD TO OPPOSE AB 1612 (FLOREZ)

W-R-V-BW-L

X

C. AB 1380 (Villaraigosa) related to liability limits for health care.

STAFF WAS DIRECTED TO TRACK THE BILL’S PROGRESS.

  1. Board of Supervisors’ Committee Reports and Announcements.

SUPERVISOR WAGENKNECHT REPORTED ON THE FOLLOWING:

6:30 P.M. AT WESTWOOD SCHOOL;

SCHEDULED FOR JULY 1999 AND ADVISES THAT COMMUNITY-WIDE REPRESENTATION IS DESIRED.

SUPERVISOR WINTER REPORTED ON THE METROPOLITAN TRANSPORTATION COMMISSION’S RETREAT.

 

  1. Continued

SUPERVISOR MIKE RIPPEY REPORTED ON THE SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION MEETING, AND ADVISED A NAPA RIVER WATERSHED TASK FORCE MEETING IS SCHEDULED TODAY AT 1:30 P.M. TO REVIEW THE LANGUAGE OF THE INTERIM REPORT.

  1. Board of Supervisors’ Future Agenda Items.

    2. STAFF TO REVIEW FUTURE AGENDA ITEMS ON TENTATIVE SCHEDULE.

    COUNTY COUNSEL TO REVIEW MEASURE A AND REPORT TO THE BOARD WITH A TIMELINE FOR THE BALLOT IN NOVEMBER 2000.

  2. Department Heads’ Reports and Announcements.

NONE

34. Closed Session regarding:

Conference with Legal Counsel - Existing Litigation

(Government Code Section 54956.9(a))

Name of case: PAH/Stanley Ranch, LLC v. County of Napa, Napa County Airport Land Use Commission et. al. (Napa Superior Court Case No. 26-04804)

CLOSED SESSION HELD – NO REPORT

Adjournment

ADJOURNED TO BOARD OF SUPERVISORS’ SPECIAL MEETING, MONDAY, MAY 17, 1999 AT 9:00 A.M. AT CAKEBREAD CELLARS, 8300 SAINT HELENA HIGHWAY, RUTHERFORD.

MARK LUCE

Chairman

ATTEST:

PATRICIA GILMORE

Deputy 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