MINUTES OF THE
MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF NAPA
January 11, 2005
1. Call to Order; Roll Call.
THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION ON TUESDAY, JANUARY 11, 2005 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRPERSON DIANE DILLON, SUPERVISORS BILL DODD, HAROLD MOSKOWITE, BRAD WAGENKNECHT AND MARK LUCE. THE MEETING WAS CALLED TO ORDER BY CHAIR DILLON AT 9:01 A.M.
2. Pledge of Allegiance.
PAM KINDIG, AUDITOR-CONTROLLER, LED THE SALUTE TO THE FLAG.
Presentations and Commendations
3A. Presentation of Retirement Resolution No. 05-02 to Betty Hopkins, Auditor-Appraiser II, in
Recognition of 35 years of service.
PRESENTATION MADE R-05-02
4. Public Comment.
NONE
5. Department Directors' Reports and Announcements.
COUNTY EXECUTIVE OFFICER NANCY WATT INTRODUCED ERNIE LOVELESS, NEWLY APPOINTED FIRE CHIEF.
CHIEF LOVELESS THANKED MS. WATT AND THE BOARD AND STATED HE IS LOOKING FORWARD TO WORKING IN NAPA COUNTY AGAIN.
MS. WATT INTRODUCED HILLARY GITELMAN, NEWLY APPOINTED DIRECTOR OF CONSERVATION, DEVELOPMENT AND PLANNING.
MS. GITELMAN STATED SHE WAS PLEASED TO BE WORKING IN NAPA AND THANKED THE BOARD FOR THE OPPORTUNITY.
JIM FEATHERSTONE, ACTING DIRECTOR OF HEALTH AND HUMAN SERVICES, SPOKE REGARDING THE HARD WORK OF DEDICATED INDIVIDUALS WHO WORKED FOR NON-PROFIT ORGANIZATIONS IN NAPA COUNTY DURING THE HOLIDAYS. HE STATED THROUGH THE COMBINED EFFORTS OF CATHOLIC CHARITIES, SALVATION ARMY, AND HEALTH AND HUMAN SERVICES, APPROXIMATELY 2,000 FAMILIES WERE SERVED THROUGHOUT THE HOLIDAYS WITH FOOD AND GIFTS.
5. Continued
MR. FEATHERSTONE STATED THIS SUPPORT WAS MADE POSSIBLE THROUGH DONATIONS MADE BY MANY OTHER AGENCIES AND MEMBERS OF THE COMMUNITY.
Consent Calendar
6A. 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 02-20, "Historic Courthouse Rehabilitation and Criminal Courts Building Office
Remodel Project."
6B. Director of Public Works requests approval of plans and specifications for the "Energy Efficient
Lighting Retrofit for the Hall of Justice and Administration Building Project,” PW 04-14,
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.
6C. Director of Public Works requests approval of and authorization for the Chair to sign a Napa Land
Tenure and Funding Agreement with the State of California for $20,000 for the term of
January 11, 2005 through ten years from the date of completion for the Acorn Soup Program
Bothe-Napa Valley Park Campfire Center Project rehabilitating an existing structure known as the
Campfire Center, which is an outdoor environmental learning theater. A-6385
6D. Director of Public Works requests the following actions regarding the proposed new parking
structure planned for the County parcels bounded by Third, Fourth, Coombs and
Randolph Streets:
1. Approval of and authorization for the Chair to sign an agreement with
Watry Design, Inc. for a maximum of $750,290 for the term January 11, 2005
through June 30, 2007 to prepare plans, specifications and engineering, and assist
with construction bidding and administration; A-6386
2. Approval and authorization for the Auditor-Controller to establish Fund 1140 - County Center Improvement Fund; and
3. Approval of Budget Transfer No. 53 appropriating $1,551,037 in the County Center
Improvement Fund (Fund 1140) with offsetting revenue in the amount of $500,000 from the City of Napa and $1,051,037 as an Operating Transfer In from the Capital Improvement General Fund. (4/5 vote required) BT-53
6E. Director of Public Works and County Counsel request adoption of a resolution amending Part III
of the County Policy Manual, pertaining to fees, to delete subsection (d) of Section 10.020,
referencing superseded Outdoor Festival permits, and to delete subsection (b) of Section 140.050
so as to allow fee waivers to be granted administratively for Special Events permits.
R-05-06
6F. Second reading and adoption of 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)]. O-1250
6G. County Counsel requests the Board waive any potential conflicts of interest that may exist now or
in the future so that Miller, Starr & Regalia may be considered for the position of corporate
counsel for Napa Recycling & Sanitation LLC.
6H. County Counsel requests adoption of a resolution approving a property owners' request to be
exempted from the approved County Service Area No. 4 (CSA No. 4) assessment.
R-05-07
6I. County Executive Officer requests approval of and authorization for the Chair to sign an
agreement with Jones Hall, a Professional Law Corporation, for an approximate maximum of
$68,000 for the term of January 4, 2005 through June 30, 2005 for Bond and Disclosure Counsel
services in connection with the refinancing of the County's 1996 Certificates of Participation.
A-6387
6J. County Executive Officer requests approval of and authorization for the Chair to sign an
agreement with Kelling, Northcross & Nobriga for a maximum of $110,000 for the term
January 4, 2005 through June 30, 2005 for financial advisor services in connection with the refinancing of the County's 1996 Certificates of Participation as well as other possible financial advisory services that may be needed. A-6388
6K. County Executive Officer requests the appointment of John Reichel to serve on the Napa River
Watershed Conservancy/Watershed Information Center Board of Directors representing the
Napa County Land Trust with the term of office to commence immediately and expire
August 2008.
7. Discussion of items removed from the Consent Calendar.
NONE
APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6K.
BW-BD-HM-ML-DD
Set Matters or Public Hearings
8A. 9:15 A.M. Recess to the Lake Berryessa Resort Improvement District special meeting.
(SEE LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)
8B. 10:15 A.M. Public Hearing. Consideration and possible action regarding an appeal filed by
Mr. Tom Futo to a decision by the Director of Public Works to a partial denial of a road
improvement exception request for the property located at 1575 Oakville Grade (Assessor's
Parcel No. 027-360-018) and associated with Use Permit # 04029-UP.
ENVIRONMENTAL DETERMINATION: The appeal of the Director’s determination on the road
Exemption is not a “project” as defined in CEQA Section 15378. Section 15378(c) sets forth that
the term “project” refers to an activity which is being approved, and does not mean each separate
governmental approval. In this case, the Board’s determination on the road exception merely
establishes how existing regulations are being interpreted, and will not result, either directly or
indirectly, in a physical change in the environment. This code interpretation is necessary to
establish the scope of the “project” that will then be subject to CEQA evaluation.
(APPELLANT REQUESTS CONTINUANCE TO JANUARY 25, 2005 AT 10:15 AM)
PUBLIC HEARING OPENED
PUBLIC HEARING CONTINUED TO JANUARY 25, 2005 AT 10:15 A.M.
BD-BW-HM-ML-DD
Administrative Items
9A. Director of Conservation, Development and Planning requests a continuance of the discussion and
possible revisions to Chapter 18.116020 of the Napa County Code regarding sign regulations ending consistency finding and vetting with the Napa County Planning Commission.
ITEM CONTINUED TO JANUARY 25, 2005 FOR DISCUSSION.
BW-BD-HM-ML-DD
9B. County Executive Officer requests approval of:
1. Proposed Budget Policies to guide the preparation and administration of the County's Fiscal Year 2005-2006 Budget; and
2. The Proposed Fiscal Year 2005-2006 Budget Calendar.
APPROVED REQUESTS BD-ML-HM-BW-DD
9C. County Executive Officer requests the nomination of one member of the Board of Supervisors to
serve on the County Medical Services Program (CMSP) Governing Board with the term of office
to commence immediately and expire December 31, 2006.
THE BOARD NOMINATED SUPERVISOR WAGENKNECHT FOR APPOINTMENT.
BD-ML-HM-BW-DD
9D. First and final reading and adoption of an ordinance amending Agreement No. 1464 with the
Board of Administration of CalPERS to provide for employees sharing the cost of the retirement
benefit and receiving tax deferment of that shared cost effective January 15, 2005 for all safety
employees pursuant to Government Code Section 20516.
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)].
TITLE READ
THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.
BD-ML-HM-BW-DD
ADOPTED ORDINANCE ML-BD-HM-BW-DD O-1251
9E. Emergency Services Manager and Public Health Officer to present an update of Napa County's
terrorism and bioterrorism preparedness.
PRESENTATION MADE
10. Legislative Items.
NONE
11. Board of Supervisors' Committee Reports and Announcements.
SUPERVISOR WAGENKNECHT STATED THE PARKS AND OPEN SPACE COMMITTEE HAS EXPRESSED CONCERNS REGARDING THE ISSUES SURROUNDING SKYLINE PARK AND KEEPING THE PROPERTY OFF THE STATE’S SURPLUS LAND LIST. HE STATED THE COMMITTEE MET WITH A COUNTY EXECUTIVE OFFICE ANALYST TO DISCUSS THE PROCESS OF HIRING AN ADMINISTRATIVE SUPPORT PERSON FOR THE COMMITTEE.
SUPERVISOR DILLON REPORTED THE MENTAL HEALTH BOARD MET ON JANUARY 10, 2005 AND DISCUSSED PROPOSITION 63 (Mental Health Services Expansion, Funding, AND Tax on Personal Incomes Above
$1 Million). SHE STATED IT WILL ALLOW AN OPPORTUNITY TO RE-PLAN HOW MENTAL HEALTH SERVICES WILL BE DELIVERED IN NAPA COUNTY, AND THAT NAPA COUNTY WILL RECEIVE $75,000 FOR PLANNING PURPOSES.
12. Board of Supervisors' Future Agenda Items.
SUPERVISOR DODD REQUESTED STAFF RETURN TO THE BOARD WITHIN THE NEXT THIRTY (30) DAYS with A REPORT PROPOSING ADDITIONAL (new) AND REPLACEMENT sites for THE affordable housing overlay zone.
13. County Executive Officer Reports and Announcements.
NANCY WATT, COUNTY EXECUTIVE OFFICER, REPORTED THAT ON
JANUARY 10, 2005, THE GOVERNOR ANNOUNCED HIS VERSION OF THE FISCAL YEAR 2005-2006 STATE BUDGET. SHE SAID STAFF IS ALREADY REVIEWING THE BUDGET AND STATED IT CONTAINS THE SECOND YEAR OF FUNDING OF THE SHIFT OF FUNDS FROM VEHICLE LICENSE FEES (VLF), AS WELL AS PROPOSITION 1A (Protection of Local Government Revenues IN California), WHICH WILL PROVIDE LOCAL GOVERNMENT PROTECTION BEGINNING IN FISCAL YEAR 2006-2007. SHE STATED FOR NAPA COUNTY, IN THE CURRENT FISCAL YEAR, THE PAYMENT WAS $1.2 MILLION, WITH THE SAME PAYMENT NEXT YEAR.
MS. WATT REPORTED THAT THE STATE’S GENERAL FUND FOR FISCAL
YEAR 05-06 IS $85 BILLION, WHICH IS AN INCREASE OF $3.5 BILLION OVER THE CURRENT FISCAL YEAR. SHE SAID 93% OF NEXT YEAR’S BUDGET IS IN THREE PROGRAM AREAS: 53% TOWARDS EDUCATION, 8% TOWARDS YOUTH AND ADULT CORRECTIONS, AND A THIRD OF THE BUDGET GOING TOWARDS HEALTH AND HUMAN SERVICES.
MS. WATT STATED STAFF IS REVIEWING INFORMATION REGARDING IN-HOME SUPPORTIVE SERVICES AS WELL AS PROPOSITION 42 (TRANSPORTATION FUNDS) AND POTENTIAL IMPACTS TO NAPA COUNTY. SHE STATED THERE WILL BE A STATE-WIDE COUNTY ADMINISTRATOR MEETING ON
JANUARY 14, 2005, AT WHICH THE BUDGET WILL BE DISCUSSED, AND COMMENTED SHE WILL REPORT MORE ON THE BUDGET IN THE FUTURE.
SUPERVISOR DILLON COMMENTED THAT THE GOVERNOR SENT A REPORT TO THE LITTLE HOOVER COMMISSION PROPOSING THE ELIMINATION OF 88 BOARDS AND COMMISSIONS AND SUGGESTED IF THE CALIFORNIA STATE ASSOCIATION OF COUNTIES (CSAC) AND THE REGIONAL COUNCIL OF RURAL COUNTIES’ (RCRC) COMMENTED ON THE REPORT, PERHAPS NAPA COUNTY SHOULD JOIN THEM.
COUNTY EXECUTIVE OFFICER WATT STATED THERE WILL LIKELY BE A REPORT FROM THOSE GROUPS, AND THAT SHE IS ON A SUBCOMMITTEE CONSISTING OF OTHER COUNTY ADMINISTRATORS WHO WILL REVIEW THE CALIFORNIA PERFORMANCE REVIEW AND PROVIDE RECOMMENDATIONS FOR CSAC’S EXECUTIVE COMMITTEE REGARDING PROPOSED STATE-WIDE POSITIONS ON SOME OF THESE ISSUES.
14. Closed Session.
A. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (Government Code
Section 54957)
CLOSED SESSION NOT HELD
Adjournment.
ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,
JANUARY 25, 2005 AT 9:00 A.M.
____________________________________
DIANE DILLON, Chairperson
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