MINUTES OF THE MEETING OF THE

BOARD OF SUPERVISORS

NAPA COUNTY

November September 1614, 1999

 

1. Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, NOVSEMPTEMBER 146, 1999 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: VICE-CHAIRMAN

MEL VARRELMANARK LUCE, SUPERVISORS MIKE RIPPEY, MEL VARRELMAN, KATHRYN WINTER AND BRAD WAGENKNECHT. CHAIRMAN MARK LUCE WAS EXCUSED.

2. Pledge of Allegiance.

ASSISTANT CHIEF PROBATION OFFICER ANDY VANDERSHOOT DR. MILSTONE, 1999-2000 NAPA COUNTY GRAND JURY MEMBER LED THE SALUTE TO THE FLAG.

LINDA EMERSON, ATTORNEY WITH THE LAW FIRM OF DICKENSON, PEATMAN AND FOGARTY LED THE SALUTE TO THE FLAG.

3. Presentation of Proclamation on behalf of the Napa County Commission on Self-Esteem recognizing "Community Heroes".

3. DR. MILSTONE, 1999-2000 NAPA COUNTY GRAND JURY MEMBER LED THE SALUTE TO THE FLAG.

Public Comment.

NONE

4. Department Heads’ Reports and Announcements.

NONE

CANDACE ELIZA SPOKE CONCERNING HOMELESS RIGHTS FOR RESPECT OF THEIR PERSONAL PROPERTY AND PRIVACY AND REQUESTED HELP FOR THE HOMELESS.CUDDER ADDRESSED THE BOARD

AND AERS OF HILL AND DALE, OF SUPPORT FOR LETTER WRITTEN BY THE MT. VEEDER-LOKOYA SAFETY & PRESERVATION ASSOCIATION AND THEIR RECOMMENDATION TO CEASE THE GROWTH ON MT. VEEDER PENDING EVALUATION OF THE AFFECT OF THE EXISTING DEVELOPMENT.

 

 

 

 

 

Consent Calendar

  1. Chief Probation Officer requests the following:

    2. A. Adopt a resolution accepting an agreement with the State of California, State Board of Control, in the amount of $20,144 for the Restitution Program; and

    B. Approve and authorize the Chief Probation Officer to sign an agreement with the State Board of Control in the amount of $20,144 for the term July 1, 1999 through June 30, 2000 to track restitution claims filed by crime victims.

  2. Public Defender requests authorization for payment of a claim that is more than one year old from Richard Geisler, Ph.D., in the amount of $315 for psychological evaluations.

  3. Public Defender requests approval to authorize employee up to 500 hours of voluntary leave without pay.

  4. Sheriff requests authorization for out-of-state travel for Senior Deputy

Stephen Sprengelmeyer and Deputy Mark Foster to attend the Institute of Police Technology and Management, Inspection and Investigation of Commercial Vehicle Accidents School on November 15-19, 1999 in Tempe, Arizona for an approximate cost of $2,900 for both officers.

9. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the following agreements for provision of services under the Answers Benefiting Children (ABC) grant, for the term July 1, 1999 through June 30, 2000:
    1. Agreement with ALDEA, Inc. for a maximum of $62,523;

      2. B. Agreement with Family Service of the North Bay, Inc. for a maximum of $47,423;

      C. Agreement with Napa County Council for Economic Opportunity, Inc. for a maximum of $42,523; and

    2. D. Agreement with Volunteer Center of Napa County, Inc. for a maximum of $10,600.

APPROVED BW-W-R-V-L

A

 

10. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign Amendment Nos. 1 and 2 to Agreement No. 3579 with the California Department of Drug and Alcohol Programs for the term July 1, 1998 through June 30, 1999 amending reporting requirements and establishing a new total allocation of $1,460,873.

11. Director of Public Works requests acceptance of the work as complete and authorization for Chairman to sign and file a Notice of Completion with the Clerk/Recorder for Contract No. PW 97-26, "Napa County Hall of Justice Fire Alarm System Upgrade Project."

  1. Acting Job Training Director requests approval of and authorization for Chairman to sign an agreement with the State of California Employment Development Department/Job Training Partnership in the amount of $177,524 for the term July 16, 1999 through

July 15, 2002 to provide Welfare-to-Work programs.

13. Acting Job Training Director requests approval of and authorization for Chairman to sign the following:

A. JTPA Title II Master Subgrant Closeout No. G700101 for $919,520 for the period July 1, 1996 to June 30, 1999;

B. JTPA Title II Capacity Building Subgrant Line Item Closeout No. G900122 for $25,000 for the period July 1, 1998 to June 30, 1999;

C. JTPA Title III Subgrant Closeout No. G800181 for $1,401,862 for the period

July 1, 1997 to June 30, 1999; and

D. JTPA Title III Rapid Response Subgrant Line Item Closeout No. G900181 for $99,893 for the period July 1, 1998 to June 30, 1999.

14. County Counsel requests approval of and authorization for Chairman to sign Amendment No. 6 to Agreement No. 3881 with Miller, Starr and Regalia for representation of the County of Napa in the matter of Napa Citizens for Honest Government et al. v. Napa County Board of Supervisors which will increase the contract maximum by $60,000.

 

 

 

 

15. Personnel Director requests amendment of the Departmental Allocation List and Table and Index for District Attorney (Budget Unit 22400), effective October 2, 1999 as follows:

A. Add one (1) Assistant District Attorney and delete one (1) Chief Deputy District Attorney; and

B. Add one (1) Chief Deputy District Attorney-Criminal Division and authorize deletion of subsequent vacancy.

16. Personnel Director requests amendment of the Departmental Allocation List for Public Defender (Budget Unit 22600) deleting one (1) Administrative Office Assistant and adding one (1) Staff Services Analyst I, effective September 21, 1999.

17. Regional Training Employment Coordinator requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4176 with Unified Solutions increasing the contract by $1,868 for a new maximum of $23,880 upgrading the e-mail software.

18. County Administrator requests approval of the proposed responses to the 1998/99 Grand Jury Report and authorization for Chairman to sign the letter transmitting the responses to the Presiding Judge of the Superior Court.

19. Adoption of Retirement Resolution No. 99-109 for Betty McNairy, Supervising Public Health Nurse, Physical Health Department, in recognition of 20 years of service.

 

  1. Discussion of items removed from the Consent Calendar.

Set Matters

21. 9:00 a.m. - Presentation by the Auditor-Controller regarding adoption of the FY 1999/00 Final County Budget:

PRESENTATION MADE

    1. Adoption of a resolution establishing the final appropriation and revenue levels for the FY 1999/00 Final Budget for the County of Napa; and

ADOPTED RESOLUTION V-BW-R-W-L R-99-114

 

 

 

  1. Continued

Adoption of a resolution establishing the FY 1999/00 appropriation limit and the

estimated revenue subject to the limit for the County of Napa, as required by Article XIII-B of the California Constitution.

ADOPTED RESOLUTION V-BW-R-W-L R-99-115

22. 9:00 a.m. - Auditor-Controller requests adoption of a resolution establishing the final appropriation and revenue levels for the 1999/00 Final Budget for County Service Area

No. 3 governed by the Board of Supervisors.

ADOPTED RESOLUTION W-V-R-BW-L R-99-116

  1. 9:00 a.m. - Board of Supervisors meeting as the Board of Directors of the Lake Berryessa Resort Improvement District.

    2. (SEE LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)

  2. 9:00 a.m. - Board of Supervisors meeting as the Board of Directors of the Napa-Berryessa Resort Improvement District.

    3. (SEE NAPA-BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)

  3. 9:00 a.m. - Board of Supervisors meeting as the Board of Trustees of the Monticello Public Cemetery District.

    4. (SEE MONTICELLO PUBLIC CEMETERY DISTRICT MINUTES)

  4. 9:00 a.m. - Board of Supervisors meeting as the Board of Directors of the Silverado Community Services District.

    5. (SEE SILVERADO COMMUNITY SERVICES DISTRICT)

  5. 9:15 a.m. - Recess to the Napa County Flood Protection and Watershed Improvement Authority (NCFPWIA) Special Meeting. (See NCFPWIA Agenda)

    6. (SEE NAPA COUNTY FLOOD PROTECTION AND WATERSHED IMPROVEMENT AUTHORITY MINUTES)

  6. 9:15 a.m. – Public Hearing - Board to consider application for Temporary Event License Request No. 99086-E filed by Oberlin Dance Collective/San Francisco to hold a fund-raiser (An Evening In The Country) with wine tasting, dinner, fashion show and dance performances by the Dance Company at Niebaum-Coppola Estate Winery on Saturday, September 25, 1999 from 6:30 p.m. to 10:00 p.m. with an expected attendance of 400 persons at 1991 St. Helena Highway, St. Helena. (Assessor’s Parcel No. 027-210-018)

PUBLIC HEARING H

 

29. 9:30 a.m. – Public Hearing - First reading and intention to adopt an ordinance repealing current Chapter 8.28 of the Napa County Code pertaining to the regulation of fireworks, adding a new Chapter 8.28 pertaining to fireworks and making other conforming changes to Chapter 5.36 (Temporary Events). Environmental Determination: Exempt from the California Environmental Quality Act (CEQA).

  1. 9:45 a.m. - Director of Public Works/Aviation requests the following actions relating to the Napa Rotary Club-sponsored Air Show at the Napa County Airport on October 16 and 17, 1999 (4/5 vote required):

    1. Approval of and authorization for Chairman to sign a concession agreement

      2. with the Napa Rotary Club for the Air Show; and

    2. Authorization for the Temporary Events Fee of $310 to be collected by the

Department of Public Works.

31. 10:00 a.m. - Harold Moskowite to present a report on the Capell Valley Fire Station.

32. 10:00 a.m. - Closed session regarding:

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

Name of case: Alan Cowardin et al. v. Board of Supervisors for the County of Napa and John Tuteur, Registrar of Voters for the County of Napa, Superior Court Case No. 26-07036.

 

  1. 10:15 a.m. - Discussion and possible action relating to the adoption of a resolution ordering that a special election be conducted on either the 7th, 14th or 21st of December, 1999, to enable the voters to determine whether or not the ordinance proposed by the Aetna Springs Initiative should be adopted.

CONTINUED TO SEPTEMBOC

 

34. 1:30 P.M. Recess to the Napa County Flood Control and Water Conservation District (NCFCWCD) meeting. (See NCFCWCD Agenda)

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

Regular Calendar

55. District Attorney requests approval of and authorization for Chairman to sign an agreement with the California Department of Justice for the term November 1, 1999 through June 30, 2000 to conduct blood and urine samples for alcohol analysis for all persons arrested by Napa County law enforcement agencies who are suspected of being under the influence of alcohol.

A-3998

 

6. District Attorney and Personnel Director request amendment of the Departmental Allocation List in the Child Abduction Unit of the District Attorney’s Office (Budget Unit 22400) to add a 0.75 Child Recovery Assistant, effective November 16, 1999.

 

FINANCE

 

7. Auditor-Controller requests adoption of a resolution specifying the amount of

Ad Valorum Property Tax Revenue shifted from each local agency within the County to the Educational Revenue Augmentation Fund (ERAF) established by State law in the County and agreeing to conditions imposed by the State for allocation to the County of certain State funds.

BW-R-V-W-L R-99-134

A X

 

 

 

 

 

 

 

 

 

 

CONSENT CALENDAR – Continued

8.

HUMAN SERVICES

 

  1. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign an agreement with Napa County Council for Economic Opportunity, Inc., (NCCEO) for a maximum of $39,775 for the term October 1, 1999 through June 30, 2000 for provision of implementation services to the Napa County Drug Court.

BW-R-V-W-L

A X

9

. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. . 2556 with Napa County Council for Economic Opportunity, Inc. (NCCEO) for a maximum of $108,000 for the term July 1, 1999 through June 30, 2000 to provide Samaritan Family (homeless) Shelter and related services.

A-2556

10. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 1939 with Our Family, Inc. for a maximum of $255,941 for the term July 1, 1999 through June 30, 2000 for residential substance abuse services.

A-1939

 

111. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign renewals of the following contracts with Buckelew Programs for adult mental health services for the term July 1, 1999 through June 30, 2000:
    1. Agreement No. 3569 for The Avenue Program, for a maximum of $256,629;

      2. A-3569

    2. Agreement No. 4015 for liaison services to board and care facilities, for a maximum of $42,851; and

      3. A-4015

    3. Agreement No. 4065 for the Supported Living Program, for a maximum of $91,167.

A-4065

 

PROPERTY

 

  1. Director of Public Works requests authorization for Chairman to sign a Certificate of Acceptance of an Easement Deed from Edward A. Keith as a condition of Use Permit

    2. No. 97484.

     

  2. Director of Public Works requests authorization to pay four invoices over one year old totaling $879.42 for office supplies and equipment.

 

 

CONSENT CALENDAR – Continued

14.

PROPERTY – Continued

 

Director of Public Works requests acceptance of the work as complete and authorization for Chairman to sign and file a Notice of Completion with the Clerk/Recorder for Contract No. PW 99-7, Hall of Justice & Sullivan Building Re-roof Project.

 

 

 

 

 

15. Director of Public Works requests acceptance of the work as complete and authorization for Chairman to sign and file a Notice of Completion with the Clerk/Recorder for Contract No. PW 97-17, "Juvenile Hall Locks, HVAC and Fire Sprinkler Upgrade."

 

16. Director of Public Works requests acceptance of the work as complete and authorization for Chairman to sign and file a Notice of Completion with the Clerk/Recorder for Contract No. PW 99-12, "Hazardous Material Removal at 1436 Polk Street."

 

 

17. Director of Public Works requests approval of Budget Transfer No. 25, moving $6,000 from the Sheriff’s Asset Forfeiture account into the Sheriff’s Remodel Capital Project (Budget Unit 16000) to cover additional costs associated with relocating Sheriff’s Administration to the second floor of the Hall of Justice.

BT-25

18. Director of Public Works requests approval of the following actions pertaining to Agreement No. 4165 with Napa Valley Gateway Limited, relating to Napa Valley Gateway Unit Three, Phase Five:

A. Acknowledge completion of roadway and storm drainage improvements;

B. Authorize release of performance bonds and labor and material bonds; and

C. Accept maintenance bond for roadway and storm drainage improvements.

A-4165

 

  1. Director of Public Works/Aviation requests authorization for Chairman to sign a Certificate of Acceptance of an Avigation and Hazard Easement Deed from Pacific Gas and Electric Company. (Assessor’s Parcel No. 057-060-008)

 

 

 

 

 

 

 

 

 

 

 

CONSENT CALENDAR – Continued

20.

GENERAL ADMINISTRATION

 

Acting Job Training Director requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4101 with the Napa County Office of Education for a maximum of $49,630 for the term July 1, 1999 through June 30, 2000 for

School-to-Career activities.

A-4101

21. County Administrator requests approval of and authorization for Chairman to sign the renewal of Agreement No. 3295 with Napa State Hospital in the amount of $71,000 in State funds for the term December 1, 1999 through June 30, 2000 for the Arts in Mental Health Program providing art therapy to the Napa State Hospital residents.

A-3295

22. County Administrator/Director of Emergency Services requests approval of Budget Transfer No. 24 increasing revenue by $500 (Budget Unit 29300) with corresponding increase in Special Departmental Expense:Other to allow for acceptance of donation from Sutter Home/Napa Valley Marathon to purchase equipment for the Radio Amateur Civil Emergency Services (RACES) program.

BT-24

 

 

 

23. Approve minutes of Board of Supervisors’ meeting of October 26, 1999.

APPROVED CONSENT CALENDAR NUMBERS 5 THROUGH 23.

BW-R-V-W-L

X

24. Discussion of items removed from the Consent Calendar.ISCUSSION OF ITEMS REMOVED FROM THE CONSENT CALENDAR.

NONE

 

Set Matters

 

25. 9:15 a.m. - Director of Health and Human Services Agency presentation on Child Welfare League of America accreditation process and request for approval to submit an application for accreditation.

PRESENTATION MADE

APPROVED SUBMISSION OF GRANT APPLICATION

W-BW-R-V-L

X

  1. 9:30 a.m. - Board of Supervisors meeting as the Board of Directors of the Lake Berryessa Resort Improvement District.

(SEE LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)

27. 1:30 p.m. - Recess to the Napa County Flood Control and Water Conservation District (NCFCWCD) meeting. (See NCFCWCD Agenda)

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

28. 2:00 p.m. - Recess to the Napa County Flood Protection and Watershed Improvement Authority (NCFPWIA) Special Meeting. (See NCFPWIA Agenda)

(SEE NAPA COUNTY FLOOD PROTECTION AND WATERSHED IMPROVEMENT AUTHORITY MINUTES)

 

Regular Calendar

 

29. Chief Probation Officer requests approval to apply for and authorization to sign an application for a grant of $200,000 (maximum award) from the Office of Criminal Justice Planning to expand and improve the newly created Juvenile Drug Court Program.

APPROVED REQUEST W-R-V-BW-L

X

 

 

 

30. Sheriff requests approval to apply for and authorization to sign a grant of up to $200,000 for Fiscal Year 1999/2000 from the Office of Criminal Justice Planning for the development and improvement of the Napa County Sheriff’s Activities League (SAL).

APPROVED REQUEST R-W-V-BW-L

X

31. First reading and intention to adopt an ordinance related to the Napa County Children and Families First Commission amending Napa County Code Section 2.71.080 to clarify per diem payment and reimbursement of reasonable expenses for County employees who are members of the commission by virtue of their job assignment.

Environmental Determination: Not subject to California Environmental Quality Act (CEQA).

TITLE READ

THE BOARD WAIVED READING THE BALANCE OF ORDINANCE

R-BW-V-W-L

X

THE BOARD DECLARED INTENTION TO ADOPT ORDINANCE

BW-R-V-W-L

X

32. Board to consider calling a Special Meeting on Thursday, November 18, 1999 at 5:00 P.M. at the St. Helena Fire Station Training Room as requested by the St. Helena City Council to discuss Ambulance Request for Proposals (RFP).

A MOTION BY SUPERVISOR RIPPEY TO CALL A SPECIAL MEETING DIED FOR LACK OF A SECOND.

33. Discussion and possible action regarding legislation.

NONE

34. Board of Supervisors’ Committee Reports and Announcements.

SUPERVISOR WINTER REPORTED THAT THE NAPA COUNTY TRANSPORTATION PLANNING AGENCY IS SET TO ADOPT THE STRATEGIC PLAN AT THE WEDNESDAY, NOVEMBER 17, 1999 MEETING AT 3:00 P.M. AT YOUNTVILLE TOWN HALL. SUPERVISOR WINTER ALSO REPORTED THAT FOLLOWING THAT MEETING AT 5:00 P.M. THE METROPOLITAN TRANSPORTATION COMMISSION REPRESENTATIVES WILL BE IN NAPA TO DISCUSS THE BLUE PRINT FOR THE 21ST CENTURY AND HOW TO RAISE ADDITONAL FUNDS FOR TRANSPORTATION.

SUPERVISOR RIPPEY AND SUPERVISOR VARRELMAN REPORTED THAT THE NAPA COUNTY YOUTH AND GANG VIOLENCE PREVENTION TASK FORCE MEETING WAS HELD IN ST. HELENA AND THAT DISTRICT ATTORNEY GARY LIEBERSTEIN DESERVES alot OF CREDIT FOR ONGOING EFFORTS IN THIS REGARD.

 

 

35. Board of Supervisors’ Future Agenda Items.

NON-SPECIFIC DATE – COUNTY ADMINISTRATOR TO REPORT ON THE DISTRIBUTION OF TOBACCO SETTLEMENT FUNDS. (SUPERVISOR WINTER)

36. Closed Session regarding:

Conference with Legal Counsel – Existing Litigation (Government Code

Section 54956.9(a)):

Name of case(s):

    1. Sierra Club v. County of Napa, et al. (Napa Superior Court Case

      2. No. 26-07212)

    2. Sierra Club v. County of Napa, et al. (Napa Superior Court Case

No. 26-07213)

CLOSED SESSION HELD – NO REPORT

 

 

Adjournment

ADJOURNED TO BOARD OF SUPERVISORS’ REGULARL MEETING, TUESDAY, NOVEMBER 23, 1999 AT 9:00 A.M.

 

 

 

35. Discussion and possible action regarding legislation.

36. Board of Supervisors’ Committee Reports and Announcements.

37. Board of Supervisors’ Future Agenda Items.

38. Department Heads’ Reports and Announcements.

 

Adjournment

ADJOURN TO BOARD OF SUPERVISORS’ MEETING, TUESDAY, SEPTEMBER 28, 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