MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

January 25, 2005

1. Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION ON TUESDAY, JANUARY 25, 2005 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRPERSON DIANE DILLON, SUPERVISORS

HAROLD MOSKOWITE, BRAD WAGENKNECHT AND MARK LUCE. SUPERVISOR BILL DODD WAS EXCUSED. THE MEETING WAS CALLED TO ORDER BY

CHAIR DILLON AT 9:01 A.M.

2. Pledge of Allegiance.

KATE DARGAN, NAPA COUNTY FIRE MARSHAL, LED THE SALUTE TO THE FLAG IN MEMORY OF BOB PUTNEY.

Presentations and Commendations

3A. Presentation by Human Resources Director of Certificates of Completion to participants of the Napa County Supervisory Academy.

PRESENTATION MADE

4. Public Comment.

RICHARD DEE SPOKE REGARDING HIS CONCERNS ABOUT HEALTH AND SAFETY OF THE CRESTWOOD CENTER. HE STATED HE HAD BROUGHT THESE SAME CONCERNS TO THE BOARD’S ATTENTION IN JUNE 2004 ON BEHALF OF HIS NEIGHBORS. MR. DEE SAID HE WAS TOLD PREVIOUSLY THAT THE RESULTS OF STAFF’S INVESTIGATION WOULD BE AVAILABLE IN NOVEMBER 2004, AND STATED NO ONE WAS NOTIFIED OF THE PUBLIC HEARING THAT OCCURRED REGARDING THE CRESTWOOD CENTER. HE INQUIRED AS TO HOW THAT HAPPENED, AND HOW THE FACILITY HAS GROWN TO ITS CURRENT SIZE WITHOUT AN ENVIRONMENTAL REVIEW. MR. DEE PROVIDED A LETTER TO THE BOARD FROM A FORMER EMPLOYEE OF THE CRESTWOOD CENTER IN RESPONSE TO AN ARTICLE IN THE NAPA REGISTER DATED JUNE 21, 2004.

CHAIR DILLON REFERRED MR. DEE’S CONCERNS TO STAFF FOR FOLLOW UP.

5. Department Directors' Reports and Announcements.

DAVE WHITMER, AGRICULTURAL COMMISSIONER/SEALER OF WEIGHTS AND MEASURES, GAVE A REPORT ON PESTICIDE REGULATION, AND DISTRIBUTED A COPY OF THE REPORT.

5. Continued

JIM FEATHERSTONE, ACTING DIRECTOR OF HEALTH AND HUMAN SERVICES, REPORTED THAT IN CONJUNCTION WITH VOLUNTEER STAFF AND LAW ENFORCEMENT, HIS DEPARTMENT WILL BE CONDUCTING A COUNT OF THE HOMELESS ON JANUARY 31, 2005. HE STATED THERE WILL BE TWO COUNTS DONE, ONE DURING THE DAY AT SERVICE FACILITIES AND AN UNSHELTERED COUNT AT NIGHT. MR. FEATHERSTONE INDICATED THE RESULTS OF THE COUNT WILL IMPACT THE COUNTY’S STATE FUNDING FROM HOUSING AND URBAN DEVELOPMENT (HUD).

Consent Calendar

6A. County Fire Chief requests approval of the following actions relating to the Firewise grant:

1. Acceptance of the grant in the amount of $255,459 for the Wildland Urban Interface Firewise Program; and

2. Approval of Budget Transfer No. 56 appropriating $255,459 in the Fire Protection budget with offsetting revenues from the Wildland Urban Interface grant.

(4/5 vote required) BT-56

6B. Sheriff and Human Resources Director request the following actions regarding the provision of

Law enforcement services for the City of American Canyon:

1. Approval of and authorization for the Chair to sign Amendment No. 10 to Agreement No. 3220 with the City of American Canyon increasing the amount by $101,022 for a new maximum of $2,333,692 amending the Scope of Work to include an additional Deputy Sheriff I/II; and A-3220

(AMEND. 10)

2. Adoption of a resolution amending the Departmental Allocation List for the Sheriff's

Department with regards to adding one (1) Deputy Sheriff I/II position, effective January 29, 2005. R-05-16

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

Chair to sign the renewal of Agreement No. 2390 with the California Department of Mental

Health for a maximum of $228,243 for the term July 1, 2004 through June 30, 2005 for the Conditional Release Program (CONREP). A-2390

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

Chair to sign Amendment No. 1 to Agreement No. 4354 with Catholic Charities, Inc., revising the

Scope of Work to include changes in the claiming process for the Casa Grande Housing Program

and incorporating agency-wide changes to the General Terms and Conditions. A-4354

(AMEND. 1)

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

Chair to sign Amendment No. 1 to Agreement No. 4495 with River Oak Center for Children and

Families decreasing the amount by $14,000 for a new maximum of $54,000 to provide residential

mental health services, revising the Scope of Work to reflect the specific specialty mental health

services that may be authorized, revising the rate structure for payment, and incorporating agency-

wide changes to the General Terms and Conditions. A-4495

(AMEND. 1)

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

Chair to sign Amendment No. 3 to Agreement No. 6086 with Sherri Hollman, MFT, increasing

the amount by $6,500 for a new maximum of $10,000 to provide services in the Mental Health

Outpatient Managed Care Program. A-6086

(AMEND. 3)

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

Chair to sign Amendment No. 1 to Agreement No. 6362 with RedPhantom Enterprises, Inc.,

increasing the amount by $72,000 for a new maximum of $122,000 to provide transportation for

clients to psychiatric hospitals and to provide security guard services to staff and clients of the Health and Human Services Agency. A-6362

(AMEND. 1)

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

Chair to sign the following agreements with J & C Nationwide, Inc. dba JCNationwide:

1. Agreement for a maximum of $66,080 for the term January 25, 2005 through

June 30, 2005 to provide temporary or permanent psychiatrist placement services

to the mental health program; A-6391

2. Business Associate Agreement setting forth the terms and conditions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule.

A-6391-1

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

Chair to sign a Memorandum of Understanding with North Bay Regional Center for the term

January 25, 2005 through December 31, 2006 clarifying respective roles and responsibilities of

North Bay Regional Center and Napa County. A-6392

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

Chair to sign the Health Resources and Services Administration (HRSA) certification of

collaboration and grant application to the California Department of Health Services (CDHS) for

$185,708 for the period September 1, 2004 through August 31, 2005 to fund cooperative

agreements with hospitals and supporting health care systems.

6K. Library Director and County Executive Officer/Purchasing Agent request:

1. Approval of Budget Transfer No. 57 in the amount of $5,950 within the Library Fund and establishment of a fixed asset in the amount of $5,950 for the purchase of a Checkpoint Intelligent Library System Mobile Programming Station;

(4/5 vote required) and BT-57

2. Waiver of competitive bidding requirements and sole source award for the purchase of a Checkpoint Intelligent Library System Mobile Programming Station from Checkpoint Systems, Inc., Thorofare, New Jersey, for a Total of $5,950 pursuant to County Ordinance Code 2.36.090.

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

No. 1 to Agreement No. 4708 with SimplexGrinnell, L.P., increasing the amount by $380 for a

new maximum of $6,815 annually, for quarterly fire sprinkler system inspections at an additional location of the Animal Shelter. A-4708

(AMEND. 1)

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

No. 3 to Agreement No. 4846 with Bell Products, Inc. increasing the amount by $2,624 for a new

maximum of $15,690 annually, for quarterly preventive maintenance service on the heating and

air conditioning system located at 650 Imperial Way in Napa. A-4846

(AMEND. 3)

6N. Napa County Parks and Open Space Advisory Committee (NCPOAC) requests approval of distribution of $40,000 of Proposition 40 funds to the City of Calistoga for a community pool

facility.

6O. Auditor-Controller requests adoption of a resolution revising the appropriation limitation for the

2004-2005 Fiscal Year. R-05-10

6P. Auditor-Controller requests the Board accept and instruct the Clerk of the Board to file:

1. Audit Reports of the Napa County Probation Trust Fund and Mary Arnold Trust Fund for the Fiscal Years ended June 30, 2003 and 2004; and

2. Fiscal Monitoring Reports of the Private Industry Council of Solano County, Inc. and the County of Sonoma Human Services Department for the grants distributed by the County of Napa Regional Training and Employment Center through June 30, 2004 and March 31, 2004, respectively.

6Q. Auditor-Controller requests the Board accept and instruct the Clerk of the Board to file the Audit

Report of the County of Napa County Executive Office - Human Resources Division for Fiscal

Year ended June 30, 2003.

6R. Auditor-Controller requests the following actions regarding the Napa County Fair:

1. Approval of the proposed budget for the Napa County Fair for the 2005 Fiscal Year; and

2. Authorization to draw a warrant in the amount of $31,000 from the Napa County Fair fund, payable to the Napa County Fair, for the purpose of replenishing their Operating fund.

6S. Human Resources Director requests adoption of Retirement Resolution No. 05-08 to

George Castaneda, Cook II, in recognition of over 17 years of service. R-05-08

6T. Human Resources Director requests adoption of Retirement Resolution No. 05-09 to

Dr. Michael Kerr, Psychiatric Social Worker, in recognition of over 34 years of service.

R-05-09

6U. Human Resources Director requests adoption of a resolution regarding the following in connection

with the Health and Human Services Agency and its divisions, effective January 29, 2005:

1. Amend the Departmental Allocation List to delete one (1) Community Aide and add

one (1) Community Health Assistant in the Public Health division; and

2. Amend the Departmental Allocation List to delete one (1) Mental Health Worker II – Licensed and add one (1) Senior Mental Health Worker in the Behavioral Health division. R-05-11

6V. Human Resources Director requests adoption of a resolution amending the Departmental

Allocation List for the Payroll Unit of the Auditor-Controller with regards to adding one (1)

6W. Human Resources Director requests adoption of a resolution designating certain persons as

employees of the County for purposes of workers' compensation, excluding others, and rescinding

all other resolutions on the same subject. R-05-13

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

agreement with U. S. Bank National Association, for the term of January 4, 2005 through

June 30, 2005 for the provision of Trustee services in connection with the refinancing of the County's 1996 Certificates of Participation. A-6400

6Y. County Executive Officer requests adoption of a resolution amending the Department

Head Performance Review Process contained in County Policy Manual, Part I, Section 8C,

effective January 25, 2005. R-05-14

6Z. County Executive Officer/Purchasing Agent requests authorization to declare certain items as

surplus and no longer required for public use, remove them from inventory, and dispose of them

at public auction. (4/5 vote required)

6AA. County Executive Officer requests the reappointment of James P. Barrett, James W. Ford, and

Koerner Rombauer to serve as general public representatives on the Airport Advisory Commission

with the term of office to commence immediately and expire December 31, 2007.

6BB. Approve minutes of the meeting held January 4, 2005.

7. Discussion of items removed from the Consent Calendar.

NONE

APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6BB.

BW-HM-BD-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. 9:15 a.m. Recess to the Napa Berryessa Resort Improvement District special meeting.

(SEE NAPA BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)

8C. 9:30 a.m. Recess to the Board of Equalization.

(SEE BOARD OF EQUALIZATION MINUTES)

8D. 9:35 a.m. Recess to the Napa County Flood Protection and Watershed Improvement Authority

special meeting.

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

8E. 9:40 a.m. Director of Public Works requests the following actions relating to the implementation

of the Water Resources Work Plan approved December 14, 2004:

1. Approval of and authorization for the Chair to sign Amendment No. 5 to Agreement No. 4202 with the Napa County Flood Protection and Watershed Improvement Authority (NCFPWIA), increasing the amount of Measure A funds by $958,000 for a new maximum of $1,934,054 and extending the term through June 30, 2006 to develop a project scope and funding plan for a future Milliken-Sarco-Tulocay recycled water project and a master plan for possible future Angwin/Deer Park community water supply reliability improvements; and

2. Approval of Budget Transfer No. 49 appropriating $52,000 in the Capital Improvement budget with offsetting revenues from the County's share of Measure A funds.

(4/5 vote required)

THE BOARD CONTINUED THE ITEM TO FEBRUARY 1, 2005.

ML-BW-BD-HM-DD

8F. 10:15 a.m. Public Hearing. Consideration and possible action on an appeal filed by

Mr. Tom Futo to a partial denial by the Director of Public Works of a road improvement exception

requested by the appellant in connection with the application for Use Permit # 04029-UP for

property located at 1575 Oakville Grade (Assessor's Parcel No. 027-360-018).

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.

(CONTINUED FROM JANUARY 11, 2005)

THE BOARD APPROVED STAFF’S REQUEST FOR CONTINUANCE TO

MARCH 1, 2005 AT 2:30 P.M.

BW-HM-BD-ML-DD

Administrative Items

9A. First reading and intention to adopt an ordinance making technical changes to Chapters 3.06

(Low Value Escape Assessments), 8.04 (Retail Food Facilities), 8.08 (Clean Indoor Air and

Health Protection), 8.32 (Fire Zone Regulations), 10.24 (Special Events on Public Roadways), 13.04 (Approved Water Supply Systems), 13.28 (System Location and Soil Characteristics),

15.08 (Building and Excavation Permits), 16.12 (Surface Mining and Reclamation), and 17.36

(Improvement Standards) of the Napa County Code.

ENVIRONMENTAL DETERMINATION: 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)].

9A. Continued

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

9B. County Executive Officer requests the appointment of one of the following applicants to serve on

the Napa County Parks and Open Space Advisory Committee as the Supervisorial District No. 1

representative (Wagenknecht) with the term of office to commence immediately and expire December 31, 2006:

Applicants

David M. Briggs

Laurie Elizabeth Davis

Lucio Ezequiel Perez

THE BOARD APPOINTED DAVID M. BRIGGS.

BW-ML-BD-HM-DD

9C. Consideration and possible appointment of Supervisor Moskowite's nomination from one of the

following applicants to the Conservation, Development and Planning Commission with the term

of office to commence immediately and run coterminous with the term of Supervisor Moskowite:

Applicants

Radomir (Rocky) Antovich

William H. Crain

Ronald Seth Citron, M.D.

Rich Jager

THE BOARD APPOINTED RICH JAGER.

HM-BW-BD-ML-DD

9D. County Executive Officer requests the following in relation to a multi-county agreement concerning tribal matters:

1. Approval of and authorization for the Chair to sign an agreement with Sonoma, Solano, and Yolo Counties creating the Northern California Counties Tribal Matters Consortium (NCCTMC) and adopting the NCCTMC basic principles;

APPROVED REQUEST BW-ML-BD-HM-DD A-6393 X

9D. Continued

2. Appoint one member of the Board of Supervisors and one alternate member to serve on

the NCCTMC Steering Committee; and

THE BOARD APPOINTED SUPERVISOR WAGENKNECHT AS MEMBER AND SUPERVISOR LUCE AS ALTERNATE.

BW-ML-BD-HM-DD

3. Authorize all members of the Board of Supervisors to advocate on behalf of the NCCTMC at the state and federal level.

APPROVED REQUEST BW-ML-BD-HM-DD

10. Legislative Items.

NONE

11. Board of Supervisors' Committee Reports and Announcements.

SUPERVISOR LUCE REPORTED HE ATTENDED THE California Association of Sanitation Agencies’ (CASA) CONFERENCE LAST WEEK WITH MICHAEL ABRAMSON, GENERAL MANAGER OF THE NAPA SANITATION DISTRICT. HE STATED THERE WERE DISCUSSIONS REGARDING LEGISLATION ISSUES FOR SANITATION DISTRICTS AS WELL AS DISCUSSIONS REGARDING THE STATE’S REGULATIONS ON BIO-SOLIDS.

SUPERVISOR WAGENKNECHT REPORTED HE ATTENDED THE SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION MEETING ON JANUARY 20, 2005. HE STATED ONE OF THE TOPICS DISCUSSED WAS A PROJECT IN MARIN COUNTY.

CHAIR DILLON REPORTED THAT SHE ATTENDED A CONFERENCE ON GENETICALLY MODIFIED ORGANISMS TWO WEEKS AGO WHICH SHE STATED WAS VERY INTERESTING. SHE STATED THAT A WEEK AGO SHE ATTENDED A MEETING AT ST. HELENA HOSPITAL REGARDING STEM CELL RESEARCH.

CHAIR DILLON ANNOUNCED THAT ST. HELENA AND CALISTOGA HELD THEIR ANNUAL CHAMBER OF COMMERCE DINNERS WITHIN THE PAST TWO WEEKS.

SHE ALSO SAID THE HISPANIC NETWORK ANNUAL PRESENTATION OF AWARDS WAS HELD JANUARY 18, 2005, and ruben oropeza, ENVIRONMENTAL MANAGEMENT COORDINATOR, WAS HONORED FOR HIS POSITIVE WORK IN THE COMMUNITY, SPECIFICALLY IN the AREA RELATED TO FARM WORKER HOUSING.

11. Continued

CHAIR DILLON REPORTED ON THE CALISTOGA GENERAL PLAN WORKSHOP HELD JANUARY 19, 2005. SHE STATED THERE WERE APPROXIMATELY 70 PEOPLE IN ATTENDANCE AND SAID IT WAS WELL ORGANIZED AND WELL RUN. SHE REMINDED THE PUBLIC THAT THE NEXT WORKSHOP WILL BE HELD WEDNESDAY, JANUARY 26, 2005 IN ST. HELENA.

12. Board of Supervisors' Future Agenda Items.

CHAIR DILLON REQUESTED A DISCUSSION REGARDING SKYLINE PARK BE AGENDIZED FOR FEBRUARY 1, 2005.

13. County Executive Officer Reports and Announcements.

NANCY WATT, COUNTY EXECUTIVE OFFICER, REPORTED THAT STAFF IS PROCEEDING WITH LOOKING AT A POSSIBLE REFINANCE OF THE COUNTY’S 1996 CERTIFICATES OF PARTICIPATION AND STATED STAFF IS MEETING

WITH STANDARD AND POORS, THE RATING AGENCY, ON JANUARY 26, 2005.

MS. WATT SAID SHE WILL UPDATE THE BOARD ON INFORMATION AS IT DEVELOPS.

14. Closed Session.

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(a))

Name of case: Pocket Protectors v. City of Sacramento, et al., (Court of Appeal, Third Appellate District Case No. C046247)

CLOSED SESSION HELD – NO REPORTABLE ACTION

B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code

Section 54957)

Title: Library Director

CLOSED SESSION HELD – NO REPORTABLE ACTION

C. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (Government Code Section 54957)

CLOSED SESSION HELD – NO REPORTABLE ACTION

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

FEBRUARY 1, 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