MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

 

January 4, 2005

 

 

1.         Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION ON TUESDAY, JANUARY 4, 2005 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT:  CHAIRPERSON MARK LUCE; CHAIRPERSON-ELECT DIANE DILLON; SUPERVISORS BILL DODD, HAROLD MOSKOWITE AND

BRAD WAGENKNECHT.  THE MEETING WAS CALLED TO ORDER BY CHAIR LUCE AT 9:02 A.M.

 

 

2.         Pledge of Allegiance.

            ERNIE LOVELESS, NAPA COUNTY FIRE CHIEF, LED THE SALUTE TO THE FLAG.

 

 

3A.      Board of Supervisors Organization for 2005: Election of Officers (Chairperson and

Vice-Chairperson).

THE BOARD ELECTED SUPERVISOR DILLON AS CHAIRPERSON AND SUPERVISOR DODD AS VICE-CHAIRPERSON.

                                                            BW-BD-HM-DD-ML

 

 

4.         Public Comment.

            NONE

 

 

5.                  Department Directors Reports and Announcements.     

NONE

 

 

Consent Calendar

 

 

6A.      Chief Probation Officer requests authorization to accept an anonymous donation in the amount of

$50 for the IMPACT Program.

 

 

6B.       County Fire Chief requests approval of and authorization for the Chair to sign an agreement with

the City of Calistoga for a maximum of $453,250 for the term January 4, 2005 through

June 30, 2010 for fire protection services.                                                                     A-6379

 

 

 

 

 

 

 

 

6C.      County Fire Chief requests approval of the following items related to the purchase of a

ChemSentry detection system for the Hazardous Incident Team:

1.   Approval of Budget Transfer No. 50 in the amount of $17,145 increasing appropriations in the County Fire budget with offsetting revenue from Emergency Services budget unit to establish a fixed asset for the purchase of the biodetection system; (4/5 vote required) and                                                                 BT-50

 

2.   A waiver of competitive bidding requirements and sole source award for the purchase of the ChemSentry Detector System from Air Instrumentation, Inc. of Round Rock, Texas for $17,145 pursuant to County Ordinance Code 2.36.090.

 

 

6D.      Acting Director of Health and Human Services requests approval of and authorization for the

Chair to sign Amendment No. 1 to Agreement No. 2242 with Volunteer Center of Napa County,

Inc., decreasing the amount by $7,704 for a new maximum of $19,276 to provide Child Abuse

Prevention and Education Services, incorporating agency-wide changes to the General Terms and

Conditions, and revising the Scope of Work to decrease the number of workshops provided.

                                                                                                                                    A-2242

                                                                                                                                    (AMEND. 1)

 

 

6E.       Acting Director of Health and Human Services requests approval of and authorization for the

Chair to sign Amendment No. 3 to Agreement No. 4724 with Locumtenens.com, Inc., revising the

Scope of Work to clarify billing requirements for psychiatric services provided in the mental

health programs.                                                                                                           A-4724

                                                                                                                                    (AMEND. 3)

 

 

6F.       Acting Director of Health and Human Services requests approval of and authorization for the

Chair to sign Amendment No. 1 to Agreement No. 6156 with Catholic Charities, Inc., decreasing

the amount by $13,522 for a new maximum of $45,560, revising the Scope of Work to reflect

changes in tenant services provided, and incorporating agency-wide changes to the General Terms

and Conditions.                                                                                                            A-6156

                                                                                                                                    (AMEND. 1)

 

 

6G.      Acting Director of Health and Human Services requests approval of and authorization for the

Chair to sign Amendment No. 1 to Agreement No. 6298 with Susan Tam increasing the amount

by $67,195 for a new maximum of $112,000 and extending the term through August 30, 2005 to

provide services for the implementation of the Napa County Public Health Preparedness and

Response to Bioterrorism Grant Program and the Health Resources Services Administration

(HRSA) grant.                                                                                                              A-6298

                                                                                                                                    (AMEND. 1)

 

 

 

 

 

 

 

6H.      Acting Director of Health and Human Services requests approval of and authorization for the

Chair to sign the following agreements with Progress Foundation, Inc.:

1.   Amendment No. 1 to Agreement No. 2156 decreasing the amount by $16,289 for a new maximum of $495,448 to reallocate operational expenses from Laurel and Randolph Houses for the development of the Supportive Living Program;

                                                                                                                                    A-2156

                                                                                                                                    (AMEND. 1)

 

2.   Amendment No. 1 to Agreement No. 4838 decreasing the amount by $55,475 for a new maximum of $603,061 to reallocate operational expenses from Progress Place, a crisis residential program for the development of the Supportive Living Program; and

                                                                                                                                    A-4838

                                                                                                                                    (AMEND. 1)

 

3.      Agreement in the amount of $165,250 for the term January 1, 2005 through

      June 30, 2005 for operation of the Supportive Living Program.                    A-6380

 

 

6I.        Acting Director of Health and Human Services requests approval of and authorization for the

Chair to sign an agreement with Community Action of Napa Valley, Inc., for a maximum of

$5,236 for the term January 1, 2005 through June 30, 2005 to provide rental subsidies to clients

served by the Community Outreach and Integration Team (COIT).                                A-6381

 

 

6J.        Acting Director of Health and Human Services requests approval of and authorization for the

Chair to sign a Memorandum of Understanding with ALDEA, Inc., for the term January 4, 2005

through October 31, 2005 for participation in a planning grant ALDEA received from the

St. Joseph's Foundation to examine the social, health, and economic issues impacting the Latino

community.                                                                                                                   A-6382

 

 

6K.      Library Director requests authorization to waive fines for overdue library materials from

            January 16 - 22, 2005.

 

 

6L.       Director of Public Works requests approval of plans and specifications for the “Health and Human

Services Agency Building G Re-Carpet Project,” PW 04-22, authorization to advertise for sealed

bids and opening of the bids at a time, date and location to be published by the Director of Public

Works pursuant to Section 20150.8 of the Public Contract Code.

 

 

6M.      Director of Public Works requests acceptance of the work as complete and authorization for the

Chair to sign and Clerk of the Board to file a Notice of Completion with the Clerk/Recorder for

Contract No. PW 02-21, “Napa County Airport Perimeter Fencing Phase I Project.”

 

 

6N.      Director of Public Works requests acceptance of the work as complete and authorization for the

Chair to sign and Clerk of the Board to file a Notice of Completion with the Clerk/Recorder for

Contract No. PW 04-08, “Napa County Airport Administration Building Remodel Project.”

 

6O.      Director of Public Works requests acceptance of the work as complete and authorization for the

Chair to sign and Clerk of the Board to file a Notice of Completion with the Clerk/Recorder for

Contract No. PW 03-15, “Hall of Justice New 500 Gallon Diesel Aboveground Storage Tank

Project.”

 

6P.       Director of Public Works requests approval of and authorization for the Chair to sign Amendment

No. 1 to Lease Agreement No. 4479 with Norman Alumbaugh Company, Inc., for leased space

located at 1546 First Street, Napa, California for Napa County Child Support Services for the

term July 1, 2004 through June 30, 2006, for a reduced annual cost of $108,120.

                                                                                                                                    A-4479

                                                                                                                                    (AMEND. 1)

 

 

6Q.      Director of Public Works requests approval of and authorization for the Chair to sign Amendment

No. 1 to Agreement No. 4923 with Empire Elevator Company, Inc., increasing the amount by

$1,800 for a new maximum of $35,147 annually, for elevator maintenance service at

650 Imperial Way.                                                                                                        A-4923

                                                                                                                                    (AMEND. 1)

 

 

6R.       Director of Public Works requests adoption of a resolution amending the formation resolution and

approving updated bylaws of the Napa County Parks and Open Space Advisory Committee

(NCPOAC) relating to regular meeting location and cancellation of meetings during emergencies,

making the Secretary a non-member staff appointee of the Public Works Director, providing for

elected first and second Vice-Chairs, and approving various non-substantive technical changes.

                                                                                                                                    R-05-03

 

 

6S.       County Counsel requests approval of recently amended conflict of interest codes for various local

agencies.

 

 

6T.       Human Resources Director requests adoption of Retirement Resolution No. 05-01 to

Donald Myers, Auditor-Appraiser III, in recognition of over 31 years of service.           R-05-01

 

 

6U.      Human Resources Director requests adoption of a resolution amending Personnel Rule 9,

regarding the timing requirements of performance evaluations, contained in County Policy

Manual, Part I, Section 37H, effective January 4, 2005.                                                R-05-04

 

 

6V.      Human Resources Director requests adoption of a resolution amending the Table and Index of

classes for an Attorney III position in the County Counsel's Office establishing the salary at

$54.50 per hour effective January 1, 2005.                                                                   R-05-05

 

 

 

 

 

 

6W.     County Executive Officer requests approval of and authorization for the Chair to sign the

following agreements for the term October 1, 2004 through June 30, 2005 to serve people with disabilities seeking employment:

1.   Agreement with County of Marin, Human Services Division for a maximum of $200,675 to implement Projects INCLUSION, CHOICE and COMPASS; and

                                                                                                                                    A-6383

 

2.   Agreement with County of Solano, Workforce Investment Board for a maximum of $59,875 to implement Projects CHOICE and COMPASS.                  A-6384

 

 

6X.      County Executive Officer requests approval of and authorization for the Chair to sign the

Nurse Workforce Initiative (NWI) Subgrant R384429 closeout for $1,041,024 for the period

of October 1, 2002 to September 30, 2004.                                                                

 

 

6Y.      County Executive Officer and Clerk of the Board request adoption of a 2005 meeting schedule for

the Board of Supervisors, specifying the following Tuesday dates as those on which the Board

will not meet:

January 18, 2005                      August 30, 2005

February 22, 2005                   September 6, 2005      

March 29, 2005                       November 29, 2005

May 31, 2005                          December 27, 2005

July 5, 2005

 

 

6Z.       Approve minutes of the meetings held December 7 and 14, 2004.

 

 

Supplemental Agenda

 

 

6AA.    County Executive Officer requests the Board's appointment of Ernie Loveless as Napa County

Fire Chief, effective January 1, 2005.

 

 

7.         Discussion of items removed from the Consent Calendar.

            NONE

 

            APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6AA.

                                                                        ML-BW-BD-HM-DD

 

 

Set Matters or Public Hearings

 

 

8A.      9:00 A.M.  Recess to the Board of Equalization.

            (SEE BOARD OF EQUALIZATION MINUTES)

 

 

8B.       9:00 A.M.  Recess to the Napa County Public Improvement Corporation special meeting.

            (SEE NAPA COUNTY PUBLIC IMPROVEMENT CORPORATION MINUTES)

 

 

8C.      9:00 A.M.  Recess to the Napa County Housing Authority special meeting.

            (SEE NAPA COUNTY HOUSING AUTHORITY MINUTES)

 

 

8D.      9:00 A.M.  Recess to the Lake Berryessa Resort Improvement District special meeting.

(SEE LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)

 

 

8E.       9:00 A.M.  Recess to the Napa Berryessa Resort Improvement District special meeting.

            (SEE NAPA BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)

 

 

8F.       9:00 A.M.  Recess to the Silverado Community Services District special meeting.

(SEE SILVERADO COMMUNITY SERVICES DISTRICT MINUTES)

 

 

8G.      9:00 A.M.  Recess to the Monticello Public Cemetery District special meeting.

(SEE MONTICELLO PUBLIC CEMETERY DISTRICT MINUTES)

 

 

8H.      9:15 A.M.  Recess to the In-Home Supportive Services Public Authority of Napa County meeting.

(SEE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY MINUTES)

 

 

8I.        9:30 A.M. Public Hearing.  First reading and intention to adopt an ordinance regarding fair housing and reasonable accommodations.

ENVIRONMENTAL DETERMINATION: General Rule. It can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment and therefore CEQA is not applicable [See Guidelines For the Implementation of the California Environmental Quality Act, 14 CCR 15061(b)(3)].

PUBLIC HEARING HELD – NO TESTIMONY PRESENTED

 

TITLE READ

 

THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.

                                                            ML-BW-BD-HM-DD

 

THE BOARD DECLARED INTENT TO ADOPT THE ORDINANCE.

                                                            ML-BW-BD-HM-DD

 

 

8J.        11:15 A.M. CLOSED SESSION.  CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION  (Government Code Section 54956.9(a)) Name of case: Pedro Jaramillo vs.

County of Napa, et. al. (US District Court No. C 04-01740 BZ)

            CLOSED SESSION HELD – NO REPORTABLE ACTION

 

8K.      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)

 

8L.       2:00 P.M.  Recess to the Napa County Flood Protection and Watershed Improvement Authority

meeting.

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

 

 

Administrative Items

 

 

9A.      Acting Director of Conservation, Development and Planning requests authorization for the Chair

to sign Amendment No. 2 to Agreement No. 6160 with Jones & Stokes/EDAW increasing the amount by $57,822 for a new maximum of $1,728,046 for a public outreach/visioning process in

support of the General Plan Update.

THE BOARD DIRECTED STAFF TO REDUCE THE COST OF THE AMENDMENT TO APPROXIMATELY $21,000 AND RETURN TO THE BOARD ON JANUARY 11, 2005 WITH A NEW PROPOSED AMENDMENT AND SCOPE OF WORK.

                                                            ML-BD-HM-BW-DD

 

 

9B.       Discussion and possible action regarding appointments to forty-one various committees,

commissions and advisory boards on which individual Board of Supervisors' members serve,

including but not limited to the following:

Airport Industrial Area Subcommittee (AIASC);

Association of Bay Area Governments (ABAG) - Various Committees;

Bay Area Air Quality Management District - Board of Directors;

California State Association of Counties (CSAC) - Various Committees;

Local Agency Formation Commission;

Napa Sanitation District;

Napa County Transportation Planning Agency (NCTPA);

San Francisco Bay Conservation and Development Commission (BCDC); and,

Watershed Information Center and Conservancy of Napa County (WICC) –

Board of Directors.

THE BOARD TOOK ACTION ON SECTIONS A, B AND C OF THE STAFF REPORT AS FOLLOWS:

 

SECTION A: 

SUPERVISORS DODD AND MOSKOWITE APPOINTED TO THE AIRPORT INDUSTRIAL AREA SUBCOMMITTEE.

                                                            BD-BW-HM-ML-DD

 

SUPERVISOR LUCE APPOINTED TO THE ASSOCIATION OF BAY AREA GOVERNMENTS’ EXECUTIVE COMMITTEE, GENERAL ASSEMBLY, AND RECOMMENDED FOR APPOINTMENT TO THE REGIONAL AIRPORT PLANNING COMMITTEE.                           ML-BW-BD-HM-DD

 

 

9B.       Continued

 

SUPERVISOR DILLON APPOINTED TO THE COMMUNITY DEVELOPMENT STRATEGY TASK FORCE.          BW-ML-BD-HM-DD

 

 

SUPERVISOR DODD APPOINTED AS MEMBER AND SUPERVISOR MOSKOWITE APPOINTED AS ALTERNATE TO THE LOCAL AGENCY FORMATION COMMISSION.                             BW-ML-BD-HM-DD

 

SUPERVISOR MOSKOWITE APPOINTED AS ALTERNATE TO THE NAPA COUNTY TRANSPORTATION PLANNING AGENCY.

                                                                        BD-BW-HM-ML-DD

           

SUPERVISOR DILLON RECOMMENDED FOR APPOINTMENT TO THE SACRAMENTO RIVER WATERSHED PROGRAM BOARD OF TRUSTEES.

                                                            HM-BW-BD-ML-DD

                 

SUPERVISOR WAGENKNECHT APPOINTED AS MEMBER AND SUPERVISOR MOSKOWITE APPOINTED AS ALTERNATE TO THE SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION.

                                                                        HM-BW-BD-ML-DD

 

SUPERVISOR LUCE APPOINTED AS MEMBER AND SUPERVISOR MOSKOWITE APPOINTED AS ALTERNATE TO THE WATERSHED INFORMATION CENTER AND CONSERVANCY OF NAPA COUNTY BOARD OF DIRECTORS.

                                                            BW-DD-BD-HM-ML

 

SECTION A: NO CHANGES MADE TO REMAINING CURRENT APPOINTMENTS.

                                                            BW-ML-BD-HM-DD

 

SECTION B: NO CHANGES MADE TO CURRENT APPOINTMENTS.

                                                            BW-ML-BD-HM-DD

 

SECTION C: NO CHANGES MADE TO CURRENT APPOINTMENTS.

                                                            BW-ML-BD-HM-DD

 

 

10.       Legislative Items.

            NONE

 

 

11.       Board of Supervisors' Committee Reports and Announcements.

SUPERVISOR WAGENKNECHT REPORTED THERE IS A TRIBAL MATTER CONSORTIUM SCHEDULED IN SANTA ROSA ON JANUARY 5, 2005.  HE STATED

THAT NAPA, SOLANO, SONOMA AND MARIN COUNTIES ARE CLOSE TO SIGNING A JOINT POWERS AGREEMENT ON TRIBAL MATTERS, AND HE IS HOPEFUL THAT BY THE END OF JANUARY THE BOARD WILL MAKE AN APPOINTMENT FOR A MEMBER AND AN ALTERNATE TO THE STEERING COMMITTEE. 

 

11.       Continued

 

SUPERVISOR WAGENKNECHT STATED HE IS CURRENTLY THE AD HOC COMMITTEE’S ALTERNATE FOR NAPA COUNTY.

 

SUPERVISOR DILLON REPORTED SHE ATTENDED a Napa River Watershed Conservancy and Watershed Information Center Board MEETING ON DECEMBER 16, 2004.  SHE STATED THEY REVIEWED TENTATIVE REPORTS COMING FROM THE BASELINE DATA REPORT PREPARATION. 

 

SUPERVISOR DILLON REPORTED ON DECEMBER 17, 2004, SHE MET WITH THE NEW PRESIDENT OF THE ANGWIN COMMUNITY COUNCIL, BARBARA SPELLETICH.  SHE STATED THAT SHE, MS. SPELLETICH,  BOB PETERSON, PUBLIC WORKS DIRECTOR, AND DON RIDENHOUR, PUBLIC WORKS  DEPUTY DIRECTOR, MET AND TOURED THE FRIESEN LAKES AREA. 

 

 

12.       Board of Supervisors' Future Agenda Items.

SUPERVISOR LUCE REQUESTED THE SIGN ORDINANCE ISSUE BE AGENDIZED IN THE NEAR FUTURE.

 

ROBERT WESTMEYER, COUNTY COUNSEL, RESPONDED THAT THE ITEM IS AGENDIZED FOR JANUARY 11, 2005, AND STAFF WILL BE REQUESTING A SEVERAL WEEK CONTINUANCE.

 

 

13.       County Executive Officer Reports and Announcements.

COUNTY EXECUTIVE OFFICER NANCY WATT ANNOUNCED THAT

HILLARY GITELMAN, THE NEW DIRECTOR OF CONSERVATION, DEVELOPMENT AND PLANNING, WILL BEGIN JANUARY 6, 2005.

 

MS. WATT REPORTED THAT ON MONDAY, JANUARY 10, 2005, GOVERNOR SCHWARZENEGGER IS SCHEDULED TO RELEASE HIS PROPOSED BUDGET FOR FISCAL YEAR 2005-2006.  SHE STATED THERE IS A COUNTY ADMINISTRATOR MEETING SCHEDULED FOR JANUARY 14, 2005 TO DISCUSS THE PROPOSED BUDGET.  MS. WATT REPORTED THE GOVERNOR IS SCHEDULED TO GIVE HIS STATE OF THE STATE ADDRESS ON JANUARY 5, 2005 AT 5:00 P.M., WHICH SHOULD INCLUDE A BROAD OUTLINE OF HIS GOALS FOR THE UPCOMING YEAR ALONG WITH INFORMATION ON THE CALIFORNIA PERFORMANCE REVIEW, AS WELL AS HIS IDEAS ABOUT RE-DISTRICTING.

 

 

14.       Closed Session.

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government

                              Code Section 54956.9(a)) Names of cases:

1.   County of Napa v. Edward William Schlies, et. al. (Case No. 26-25408)

CLOSED SESSION HELD – NO REPORTABLE ACTION

 

 

 

14.       Continued

 

2.   County of Napa v. O'Neill/Mullin LLC; HNAPAD Associates, et. al.

      (Case No. 26-25407)

            CLOSED SESSION HELD

 

THE BOARD UNANIMOUSLY APPROVED A SETTLEMENT IN THE AMOUNT

OF $250,000.

 

 

 

 

 

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

JANUARY 11, 2005 AT 9:00 A.M.

 

 

 

____________________________________

MARK LUCE, Chairperson

 

 

                                    ____________________________________

                        DIANE DILLON, Chairperson-Elect

 

 

ATTEST:         ____________________________________

PAMELA MILLER, Clerk of the Board

 

 

 

 

 

 

 

 

 

 

 

 

 

KEY

 

Vote:  DD = Diane Dillon; BD = Bill Dodd; ML = Mark Luce;

HM = Harold Moskowite; BW = Brad Wagenknecht

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