MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

 

March 1, 2005

 

 

1.         Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION ON TUESDAY, MARCH 1, 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.

MEEGAN CONDON, COUNTY EXECUTIVE OFFICE MANAGEMENT ANALYST, LED THE SALUTE TO THE FLAG.

 

 

3.         Presentations and Commendations.

            NONE

 

 

4.         Public Comment.

            NONE

 

 

5.         Department Directors' Reports and Announcements.

JOHN TUTEUR, ASSESSOR-RECORDER-COUNTY CLERK-REGISTRAR OF VOTERS, PROVIDED AN UPDATE ON THE MARCH 8, 2005 ELECTION.  HE STATED Today WAS THE last day TO request AN absentee ballot BY MAIL OR ONLINE, AND SAID EARLY VOTING BEGAN FEBRUARY 28, 2005 IN THE CITY OF ST. HELENA, TOWN OF YOUNTVILLE, AND THE ELECTIONS OFFICE.  MR. TUTEUR SAID THERE WILL BE NO PAPER BALLOTS AT THE PRECINCTS FOR THIS ELECTION AND IF SOMEONE WANTED TO VOTE USING A PAPER BALLOT, THEY MUST DO SO AT THE ELECTIONS OFFICE.

 

NANCY WATT, COUNTY EXECUTIVE OFFICER, INTRODUCED RANDY SNOWDEN, NEW DIRECTOR OF HEALTH AND HUMAN SERVICES (H&HS).

 

RANDY SNOWDEN THANKED THE BOARD FOR THE OPPORTUNITY TO WORK AS THE DIRECTOR OF H&HS, AND RECOGNIZED JIM FEATHERSTONE, ASSISTANT DIRECTOR OF H&HS, FOR THE OUTSTANDING JOB HE DID AS ACTING DIRECTOR OF THE DEPARTMENT.

 

CHAIR DILLON ACKNOWLEDGED AND THANKED MR. FEATHERSTONE ON BEHALF OF THE BOARD FOR THE JOB HE DID AS ACTING DIRECTOR.

 

 

 

 

Consent Calendar

 

 

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

            the California Department of Forestry and Fire Protection for a maximum of $5,554,011 for the

            term July 1, 2004 through June 30, 2005 for fire protection services.                 A-923

 

 

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

            Balzac Communications, Inc. for a maximum of $100,000 for the term March 1, 2005 through

            September 30, 2005 for development and implementation of a "Firewise" public awareness

            campaign.                                                                                                                     A-6404

 

 

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

            sign the following two agreements with the California Department of Veterans Affairs:

                        1.   Renewal of Agreement No. 946, Subvention Certificate of Compliance, for release of the Fiscal Year 2004-2005 state funding for the County Veterans Service Office; and

                                                                                                                                                A-946

 

2.   A Medi-Cal Certificate of Compliance committing the County to assist veterans in obtaining benefits from non-Medi-Cal funding sources.                                  

 

 

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

            sign Amendment No. 2 to Agreement No. 4935 with Steven Boyd, LCSW, increasing the amount

            by $2,000 for a new maximum of $3,000 to provide additional counseling services in the           Children’s Behavioral Health and Child Welfare Services Programs.                       A-4935

                                                                                                                                                (AMEND. 2)

 

 

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

            sign the following amendments regarding the Safe and Drug Free Schools and Communities       Grant:

                        1.   Amendment No. 1 to Agreement No. 6255 with COPE Family Center, incorporating agency-wide changes to the General Terms and Conditions, revising the scope of work to include new principal objectives, revising the budget for the current grant year, and increasing the amount by         $22,112 for a new maximum of $111,753; and

                                                                                                                                                A-6255

                                                                                                                                                (AMEND. 1)

 

2.      Amendment No. 2 to Agreement No. 6254 with the Boys and Girls Club of

      Napa Valley, revising the budget for the current grant year.              A-6254

                                                                                                                        (AMEND. 2)

 

 

 

 

 

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

            sign Amendment No. 2 to Agreement No. 6274 with Margaret Grimley, M.D., increasing the    amount by $5,000 for a new maximum of $7,500 to provide services in the Mental Health Outpatient Managed Care Program.                                                                              A-6274

                                                                                                                                                (AMEND. 2)

 

 

6G.      Director of Public Works requests the following actions relating to the "Health and Human

            Service Agency Building G Re-Carpet Project,” PW 04-22:

                        1.   Rejection of the one and only bid received on February 3, 2005; and

           

                        2.   Approval of revised plans and specifications for the "Health and Human Service Agency Building G Re-Carpet Project," PW 04-22R, authorization to re-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.

 

 

6H.      Assessor-Recorder-County Clerk, Auditor-Controller and Treasurer-Tax Collector request:

                        1.   Approval of and authorization for the Chair to sign an agreement with the State Department of Finance implementing participation in the State-County Property Tax Administration Grant Program for a grant amount of $366,020 for 2004-2005; and

                                                                                                                                                A-4933-1

 

2.      Approval of Budget Transfer No. 70 increasing appropriations by $329,860 in the Assessor, Tax Collector, Recorder, Auditor, County Executive Office, Board of Supervisors, County Counsel and Information Technology budgets for supplies, equipment, training, and staff time with offsetting revenues from the State-County Property Tax Administration Grant, Modernization and Vital Statistics Trusts.

                              (4/5 vote required)                                                                                      BT-70

 

 

6I.        Human Resources Director requests adoption of a resolution making certain technical amendments

            to the Management Classified, Management Non-Classified, Management Non-Classified (Other)

            and Confidential Management Compensation Plans relating to CPA Premium Pay, health benefits,

            insurances, and the designation of positions.                                                                   R-05-32

 

 

6J.        Human Resources Director requests adoption of a resolution approving equity adjustments for

            certain unrepresented employees using the same formula established and agreed to during the

            recently settled negotiations between the County and SEIU, Local 614.                         R-05-33

 

 

6K.      Human Resources Director requests adoption of a resolution regarding the following actions

            relating to the Assessor-Recorder-County Clerk Department and its divisions, effective

March 1, 2005:

                        1.   Amend the Departmental Allocation List to:

                                    a.   Add one (1) Staff Services Manager, one (1) Assessment Records Supervisor, and one (1) Auditor Appraiser Limited Term (LT) through June 30, 2005; and

           

6K.                  1.   Continued

 

                                    b.   Delete one Assessment-Records Assistant II and one (1) additional resulting vacancy.

 

                  2.   Amend the Table and Index to delete Chief Deputy Recorder/County Clerk/Registrar and amend the salary table for Assessment Records Supervisor; and

 

                        3.   Amend appropriate policies to delete Chief Deputy Recorder/County Clerk/Registrar.

                                                                                                                                                R-05-34

 

 

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

            Allocation List for the Human Resources Division of the County Executive Office with regards to

            deleting one (1) (Confidential) Office Assistant II and adding one (1) Office Assistant II position,

            effective March 1, 2005.                                                                                               R-05-35

 

 

6M.      County Executive Officer requests approval of and authorization of the following actions            pertaining to the Napa County Community Indicators Project:

1.      Agreement with the University of California at Santa Barbara - Economic Forecast Project for a maximum of $24,500 for the term December 15, 2004 through

July 30, 2005 for assistance in the research and development of a community indicators report; and                                                                                           A-6405

           

2.   Budget Transfer No. 71 appropriating $19,520 in the Regional Training Employment budget, with offsetting revenue from the Napa County Community Indicators Fund, a component fund of the Community Foundation of Napa Valley. (4/5 vote required)

                                                                                                                                                BT-71

 

 

6N.      County Executive Officer requests approval of Budget Transfer No. 61 required to support

            Affordable Housing Fund expenditures approved by the Board of Supervisors at their

November 30, 2004 meeting, as follows (4/5 vote required):

                        1.   Transfer of $1,000,000 from the Affordable Housing Fund balance to the

                              Lincoln Avenue Project; and                                                                      

           

2.   Transfer of $900,000 from the Affordable Housing Fund balance to the South Napa Homeless Shelter Project.                                                                              BT-61

 

 

6O.      County Executive Officer requests adoption of a resolution pertaining to the acceptance or

            rejection of gifts, bequests or devises, as authorized by Government Code Section 25355.

            ITEM REMOVED FROM AGENDA

 

 

 

 

 

6P.       County Executive Officer requests the following actions relating to the Napa County Family

            Violence Prevention Council:

                  1.   Dissolve the Napa County Family Violence Prevention Council effective immediately; and

           

2.   Delete the Napa County Family Violence Prevention Council from Part II, Section 13 of the Napa County Policy Manual.

 

 

6Q.      County Executive Officer requests the appointment of Wendy A. Wallin to serve on the

Area Agency on Aging Serving Napa and Solano Counties with the term of office to commence

            immediately and expire July 1, 2005.

 

 

6R.       County Executive Officer recommends the appointment of Michael Scully representing private

            sector business to the Napa Valley Workforce Investment Board (NVWIB) with the term of office        to commence immediately and expire as determined by the NVWIB.

 

 

6S.       Approve minutes of the meetings held January 25, February 1, 8 and 15, 2005.

 

 

7.         Discussion of items removed from the Consent Calendar.

            SEE ITEM 6O.

 

            APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6S, AS NOTATED ABOVE.

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

            (SEE NAPA BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)

 

 

8C.      9:45 a.m.  Public Hearing.  Auditor-Controller requests consideration and possible adoption of

            resolution establishing the property tax administration fee allocation for public entities in Napa

            County for Fiscal Year 2004-2005, for services rendered in Fiscal Year 2003-2004, as authorized

            by Chapter 3.44 of the Napa County Code Section 95.3 of the Revenue and Taxation Code.

            PUBLIC HEARING HELD – NO TESTIMONY PRESENTED

 

            ADOPTED RESOLUTION              ML-BD-HM-BW-DD                                   R-05-36

 

 

8D.      9:50 a.m.  Public Hearing.  Auditor-Controller requests consideration of and possible adoption of

            resolution decreasing the Criminal Justice Administrative Fee (booking fee) from $116 to $54 per          booking, effective July 1, 2005, pursuant to Section 29550 of the California Government Code.

            PUBLIC HEARING HELD – NO TESTIMONY PRESENTED

 

            ADOPTED RESOLUTION              BW-BD-HM-ML-DD                                   R-05-37

 

 

8E.       10:00 a.m.  County Executive Officer recommends that the Board review and accept the

Fiscal Year 2004-2005 Mid-Year Fiscal Review and approve the following budget transfers

(4/5 vote required):

                        1.   Budget Transfer No. 62, appropriating $177,504 in the Health Department Budget, with offsetting revenues from the State Bioterrorism Grant, to fund Bioterrorism

                              Grant-related activities; and                                                             BT-62

 

2.      Budget Transfer No. 66 in the amount of $97,937 from General Fund Designations, increasing appropriations in the Health Department budget to fund Bioterrorism

      Grant-related activities and facility improvements at the Family Health Clinic.           

                                                                                                                                                BT-66

FOR THE RECORD IT WAS STATED THAT BUDGET TRANSFER NO. 66 INCLUDED CANCELLATION OF A $16,560 DESIGNATION FOR THE DAHL FAMILY TRUST AND AN $81,377 DESIGNATION FOR BIOTERRORISM GRANT FUNDS.    

           

APPROVED REQUESTS                 BW-BD-HM-ML-DD

 

 

8F.       11:00 a.m.  Recess to the dedication of the new Sheriff's Facility, 1535 Airport Boulevard, Napa.

            DEDICATION MADE

 

 

8G.      2:30 p.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 AND JANUARY 25, 2005)

THE BOARD APPROVED STAFF’S REQUEST FOR CONTINUANCE TO

APRIL 5, 2005 AT 9:30 A.M.          

ML-BD-HM-BW-DD

 

 

 

 

8H.      3:00 p.m.  Public Hearing.  Director of Environmental Management requests adoption of two

            resolutions establishing, increasing and decreasing fees for services provided by the

            Environmental Management Department.

            PUBLIC HEARING OPENED – NO TESTIMONY PRESENTED

 

THE BOARD ADOPTED ONE RESOLUTION THAT adoptED fees in SecTION 110.040 OF THE Food Facility Plan RevieW.

                                                                        BW-BD-HM-ML-DD

 

            THE BOARD CONTINUED THE PUBLIC HEARING TO APRIL 5, 2005 AT 10:00 A.M.

                                                                        ML-BW-BD-HM-DD

 

 

Administrative Items

 

 

9A.      Director of Child Support Services requests discussion and possible action regarding taking

            necessary actions to address a projected budget shortfall for Fiscal Year 2005-2006 including

            elimination of up to four positions.

THE BOARD AUTHORIZED THE DIRECTOR OF CHILD SUPPORT SERVICES

TO TAKE THE NECESSARY ACTIONS TO ADDRESS THE DEPARTMENT’S PROJECTED BUDGET SHORTFALL FOR FISCAL YEAR 2005-2006.

                                                                        BD-ML-HM-BW-DD

 

 

9B.       First reading and intention to adopt an ordinance making administrative and procedural

            amendments to portions of Chapters 2.12 (County Auditor), 2.88 (Appeals), 5.20 (Cleaning of

            Septic Tanks), 5.40 (Peddling and Soliciting), 8.16 (Noise Control Regulations), and 13.15

            (Groundwater Conservation) of the Napa County Code. 

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

 

            THE BOARD DECLARED INTENT TO ADOPT THE ORDINANCE.

                                                                        BD-BW-HM-ML-DD

 

 

Legislative Items

 

 

10A.    Approval of and authorization for the Chair to sign a letter of support for HR 233/S 128 - the

            Northern California Coastal Wild Heritage Wilderness Act.

            THE BOARD WENT ON RECORD IN SUPPORT OF HR 233/S 128.

                                                                        BD-BW-HM-ML-DD

11.       Board of Supervisors' Committee Reports and Announcements.

SUPERVISOR WAGENKNECHT REPORTED THAT ON FEBRUARY 28, 2005, HE ATTENDED A FIRST 5 RETREAT.  HE STATED FIRST 5 ANNUALLY RECEIVES $1.5 MILLION DOLLARS IN CIGARETTE TAX MONEY TO BE USED ON CHILDREN FROM NEWBORNS TO AGE FIVE, AND ONE OF THE INITIATIVES THEY ARE WORKING ON IS THE CHILDREN’S HEALTH CARE INITIATIVE WHEREBY ALL CHILDREN IN THIS AGE RANGE WOULD BE COVERED BY HEALTH INSURANCE.  HE SAID OTHER ISSUES THEY ARE WORKING ON ARE INFANT MENTAL HEALTH AND SCHOOL READINESS.

 

SUPERVISOR WAGENKNECHT REPORTED THAT HE ATTENDED A COMMISSION ON AGING MEETING ON FEBRUARY 28, 2005 AND SAID THE COMMISSION HAD A GOOD DISCUSSION WITH IN-HOME SUPPORTIVE SERVICES (IHSS) DURING THE MEETING.

 

SUPERVISOR DODD REPORTED HE HAD BEEN SELECTED TO REPLACE SUPERVISOR RIPPEY ON THE CAL-FED TASK FORCE BY THE ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG).  HE SAID HE ATTENDED A JOINT PLANNING COMMITTEE MEETING BETWEEN THE CAL-FED TASK FORCE AND THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT AND STATED IT IS GOOD TO HAVE A COUNTY REPRESENTATIVE AT THE REGIONAL MEETINGS.

 

SUPERVISOR DODD DISTRIBUTED A HANDOUT ON NAPA COUNTY’S CHILDREN’S HEALTH CARE INITIATIVE. 

 

SUPERVISOR LUCE REPORTED THAT NAPA SANITATION DISTRICT HAS REQUESTED BIDS FOR WATER USE ON THE SOMKY RANCH PROPERTY AND STATED THE BIDS ARE DUE MARCH 3, 2005.

 

CHAIR DILLON REPORTED THAT ALL BOARD MEMBERS ATTENDED

THE VOLUNTEER FIRE APPRECIATION DINNER IN CALISTOGA ON

FEBRUARY 26, 2005, TO HONOR AND RECOGNIZE ALL OF THE COUNTY’S

PAID AND VOLUNTEER FIREFIGHTERS.

 

CHAIR DILLON REPORTED THAT SHE ATTENDED THE CALISTOGA AND

ST. HELENA BOYS AND GIRLS CLUB FUND RAISER ON FEBRUARY 26, 2005,

AT WHICH THEY RAISED IN EXCESS OF $375,000.

 

 

12.       Board of Supervisors' Future Agenda Items.

SUPERVISOR WAGENKNECHT REQUESTED STAFF AGENDIZE A DISCUSSION REGARDING POSSIBLE ADOPTION OF A WOOD SMOKE ORDINANCE.

 

SUPERVISOR DODD REQUESTED THAT STAFF AGENDIZE AN UPDATE ON THE NAPA COUNTY CHILDREN’S HEALTH CARE INITIATIVE TO BE PRESENTED BY CONNIE BATTISTI.

 

 

 

12.       Continued

 

CHAIR DILLON REPORTED THE MENTAL HEALTH BOARD HELD A SPECIAL MEETING LAST WEEK TO REVIEW APPLICATIONS FOR THE COUNTY’S MENTAL HEALTH DIRECTOR POSITION.  SHE ALSO REPORTED THERE IS A MEETING SCHEDULED IN ST. HELENA ON MARCH 7, 2005, ON THE ISSUE OF YOUTH SUBSTANCE ABUSE.

 

 

13.       County Executive Officer Reports and Announcements.

NANCY WATT, COUNTY EXECUTIVE OFFICER, ANNOUNCED THAT THE

REFUNDING OF THE 1996 CERTIFICATES OF PARTICIPATION CLOSED THIS MORNING.

 

 

14.       Closed Session.

                        A. Public Employee Performance Evaluation (Government Code

                              Section 54957)  Title: Public Defender

            CLOSED SESSION HELD – NO REPORTABLE ACTION

 

B.     Conference With Legal Counsel - Existing Litigation (Government Code Section 54956.9(a)) Name of case: Bart Properties, Inc. vs. County of Napa,

(Napa County Superior Court Case No. 26-27921)

SUPERVISOR MOSKOWITE RECUSED HIMSELF FROM THIS CLOSED SESSION DUE TO POTENTIAL CONFLICT OF INTEREST.

 

CLOSED SESSION HELD – NO REPORTABLE ACTION

 

 

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

MARCH 8, 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