1

MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

April 5, 2005

1. Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION ON TUESDAY, APRIL 5, 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 9:04 A.M.

2. Pledge of Allegiance.

JOICE BEATTY, IN-HOME SUPPORTIVE SERVICES (IHSS) PUBLIC AUTHORITY OF NAPA COUNTY ADVISORY BOARD CHAIR, LED THE SALUTE TO THE FLAG.

Presentations and Commendations

3A. Presentation of a proclamation declaring the week of April 10 - 16, 2005 as "Crime Victims' Rights Week" in Napa County.

PRESENTATION MADE

4. Public Comment.

NONE

5. Department Directors' Reports and Announcements.

PAM KINDIG, AUDITOR-CONTROLLER, THANKED HER STAFF FOR THE HARD WORK THEY DID IN COMPILING THE AUDIT REPORT FOR FISCAL YEAR

2003-2004 THAT WAS PRESENTED TO THE BOARD ON MARCH 22, 2005, AND INTRODUCED JOBINA TOH, ACCOUNTANT-AUDITOR III, CRAIG GOODMAN, ASSISTANT AUDITOR-CONTROLLER, AND ERIKA CARVALHO, ACCOUNTANT-AUDITOR MANAGER.

Consent Calendar

6A. County Fire Chief, pursuant to Section 8.3 of the Memorandum of Understanding between the County of Napa and Volunteer Departments, requests ratification of the following 2005 volunteer chief election/appointment results:

Edgerly Island Steve Hiza

Soda Canyon Doug Christian

Capell Valley Gil Pridmore

Rutherford Ron Wicker

Dry Creek-Lokoya Gary Green

Angwin Avery Browne

Deer Park Rod Sterling

Gordon Valley Matt Macy

6B. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 3580 with Queen of the Valley Hospital of Napa, California,

through its CARE Network, for a maximum of $32,483 for the term July 1, 2005 through

June 30, 2006 to provide Housing Opportunities for Persons with AIDS (HOPWA) services.

A-3580

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

sign Amendment No. 1 to Agreement No. 2390 with the California Department of Mental Health

revising the structure of payment for the Conditional Release Program (CONREP).

A-2390

(AMEND. 1)

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

sign the following agreements with COPE Family Center, Inc.:

1. Amendment No. 1 to Agreement No. 2731 decreasing the amount by $5,000 for a new

maximum of $22,000, incorporating agency-wide changes to the General Terms and

Conditions, and revising the scope of work and budget to provide child abuse prevention services for Fiscal Year 2004-2005; A-2731

(AMEND. 1)

2. Amendment No. 2 to Agreement No. 3724 decreasing the amount by $20,384 for a

new maximum of $171,079, incorporating agency-wide changes to the General Terms and Conditions, and revising the scope of work and budget to provide services under the Family Preservation and Support Program for Fiscal Year 2004-2005; and

A-3724

(AMEND. 2)

3. Renewal of Agreement No. 6264 for a maximum of $9,984 for the term July 1, 2004 through June 30, 2005 to provide guardianship services. A-6264

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

sign Amendment No. 10 to revenue Agreement No. 3668 with the Housing Authority of the City of Napa increasing the maximum by $6,776 for a new maximum of $80,189 to provide a Family

Self-Sufficiency Coordinator to assist families to obtain economic independence and prepare for home ownership. A-3668

(AMEND. 10)

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

sign an agreement with Allen, Shea & Associates for a maximum of $66,780 for the term

April 5, 2005 through June 30, 2006 to serve as project manager and consultant for the County's Mental Health Services Act Plan (Proposition 63). A-6410

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

Health Director to sign a grant agreement with the California Department of Mental Health for

$40,761 for Fiscal Year 2005-2006 McKinney Projects for Assistance in Transition from

Homelessness (PATH) funds.

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

No. 6 to Agreement No. 4202 with Napa County Flood Protection and Watershed Improvement

Authority increasing the amount by $300,000 for a new maximum of $2,234,054 to develop a

preliminary restoration design project for the Rutherford Reach of the Napa River.

A-4202

(AMEND. 6)

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

No. 1 to Agreement No. 4906-2 with the State Board of Corrections extending the term through

January 27, 2006 for construction of the Juvenile Justice Center. A-4906-2

(AMEND. 1)

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

following Space License Agreements for reimbursement of copier and fax machine costs for the

term beginning April 1, 2005 and continuing until terminated by either party for sublease of space at 650 Imperial Way, Suite 101, for the public-private One-Stop partnership at the Job Connection

facility, managed through the Health and Human Services Agency:

1. Goodwill Industries of the Redwood Empire, Inc.; and A-6411

2. California Human Development Corporation, Inc. A-6412

6K. Director of Public Works requests award of the contract for the "Napa County Airport Perimeter

Fencing Phase II Project," PW 04-12, to Dynaram Construction, Inc. of Sacramento, California,

for their low base bid of $289,828 and authorization for the Chair to sign the construction contract.

6L. Director of Public Works requests approval of Budget Transfer No. 72 increasing appropriations

in the Equipment Pool budget with offsetting revenue from Equipment Pool Fund Balance and

establishment of fixed assets in the amount of $182,000 for the purchase of six replacement

vehicles for the Sheriffs Department. (4/5 vote required) BT-72

6M. County Counsel and Napa County Deferred Compensation Board of Control request approval of

and authorization for the Chair to sign Amendment No. 1 to Agreement No. 6348 with Arnerich

Massena & Associates extending the term through December 31, 2005 to allow more time to

conduct the comprehensive deferred compensation provider vendor review process with no change

in the maximum amount. A-6348

(AMEND. 1)

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

Allocation List for the Health and Human Services Agency and its divisions with regards to the

following actions, effective April 5, 2005:

1. Add one (1) .5 Mental Health Worker II Limited Term position through June 30, 2005 to the division of Behavioral Health; and

2. Delete one (1) Cook II from the Behavioral Health division and add one (1) .5

Cook I/II to the division of Substance Abuse Services. R-05-50

6O. Treasurer-Tax Collector requests approval of the County’s Investment Policy in accordance with

Government Code Section 27133.

6P. Treasurer-Tax Collector requests approval of appointment of the following nominees to serve on

the Napa County Treasury Oversight Committee with terms of office to expire on March 31, 2006:

Nominee: Representing:

Pam Kindig Auditor-Controller

Alternate: Craig Goodman,

Asst. Auditor-Controller

Mark Luce Representative of the Board of Supervisors

Alternate: Brad Wagenknecht,

Supervisor

Barbara Nemko County Superintendent of Schools

Alternate: J.R.Purkis,

Asst. Superintendent of Schools

Jackie Dickson (Napa Valley Unified) Representative selected by a majority

Alternate: Peggy Berlin of the presiding officers of the

(Calistoga Unified) governing bodies of the school districts and community college district

6P. Continued

Jill Techel (NVWMA) Representative selected by a majority of the presiding officers of the legislative bodies of the special districts in the county which are required or authorized to deposit funds in the County Treasury

THE CLERK READ INTO THE RECORD THE TERMS OF OFFICE EXPIRE

MARCH 31, 2006, RATHER THAN 2005 AS NOTED ON THE RECOMMENDATION SECTION OF THE STAFF REPORT.

6Q. County Executive Officer requests adoption of a resolution renewing the delegation of authority

granted to the Napa County Treasurer-Tax Collector to invest and re-invest funds held in the County treasury for a one-year period beginning April 1, 2005. R-05-51

6R. County Executive Officer requests adoption of a resolution designating certain emergency interim

successors for each member of the Board of Supervisors pursuant to Napa County Code

Section 2.04.080. R-05-52

6S. County Executive Officer requests the following reappointments to the Napa County Winegrape

Pest and Disease Control District with the term of office to commence immediately and expire

March 26, 2008.

Name Vineyard Location

Will Nord Locations Vary

Alan Wagner Napa

6T. County Executive Officer requests authorization for the Chair to sign a letter requesting the State

Department of Alcohol and Drug Programs to enter into a direct contract with the Wolfe Center, a

program of Aldea, Inc., a public benefit corporation, for the provision of Drug Medi-Cal services.

7. Discussion of items removed from the Consent Calendar.

NONE

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

BD-ML-HM-BW-DD

Set Matters or Public Hearings

8A. 9:00 a.m. Recess to the Napa Berryessa Resort Improvement District meeting.

(SEE NAPA BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)

8B. 9:00 a.m. Recess to the Lake Berryessa Resort Improvement District meeting.

(SEE LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)

8C. 9:15 a.m. Recess to the In-Home Supportive Services Public Authority of Napa County meeting.

(SEE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY OF NAPA COUNTY MINUTES)

8D. 9:30 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 modification 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 modification 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 modification 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, JANUARY 25 AND MARCH 1, 2005; APPELLANT REQUESTS WITHDRAWAL OF THE APPEAL)

APPROVED REQUEST ML-BW-BD-HM-DD

8E. 10:00 a.m. Public Hearing. Director of Environmental Management requests adoption of a resolution establishing, increasing and decreasing fees for services provided by the Environmental Management Department.

(CONTINUED FROM MARCH 1, 2005)

PUBLIC HEARING HELD – TESTIMONY PRESENTED

ADOPTED RESOLUTION, AS AMENDED TO REMOVE ALL REFERENCES TO FEE INCREASES, WHICH WILL BE ADDRESSED IN THE FUTURE.

BW-ML-BD-HM-DD

8F. 10:30 a.m. Napa County Mosquito Abatement District Manager Wesley Maffei to present an

update on the spread of West Nile Virus.

UPDATE PRESENTED

8G. 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)

8H. 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. Napa County Mental Health Board to present its annual report.

REPORT PRESENTED

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

County Parks and Open Space Advisory Committee as the Supervisorial District No. 2

representative (Luce) with the term of office to commence immediately and expire

December 31, 2006.

Applicants

Laurie Elizabeth Davis

James M. Haller

Michael John Hanna

Lucio Ezequiel Perez

THE BOARD APPOINTED LAURIE ELIZABETH DAVIS.

ML-BD-HM-BW-DD

9C. First reading and intention to adopt an ordinance repealing Chapter 2.76 of the Napa County Code

pertaining to the Delinquency Prevention Commission.

ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by

14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.

TITLE READ

THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.

BD-BW-HM-ML-DD

THE BOARD DECLARED INTENT TO ADOPT THE ORDINANCE.

BD-BW-HM-ML-DD

9D. First reading and intention to adopt an ordinance adding a new Chapter 2.50 to consolidate the

Planning Agency, amending Chapters 2.52 and 2.72 and Section 15.04.030 to eliminate

duplication of departments contained in the new Chapter 2.50; amending Sections 1.24.020,

15.04.040, 15.08.010, 15.28.040, 15.44.050, and 17.08.080 to replace references to the Building

Codes Administrator with the newly created position of Chief Building Officer. ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by

14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not

applicable.

9D. Continued

TITLE READ

THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.

BD-ML-HM-BW-DD

THE BOARD DECLARED INTENT TO ADOPT THE ORDINANCE.

BW-ML-BD-HM-DD

Legislative Items

10A. County Executive Officer recommends receipt of a report concerning the 2005 California State

Association of Counties (CSAC) legislative conference. The Board may or may not take action on

any or all items presented for discussion. (Unanimous vote of the Board members present
required)

REPORT RECEIVED

THE BOARD WENT ON RECORD IN SUPPORT OF S 113 (FEINSTEIN), WHICH WOULD modify the date as of which certain tribal land of the Lytton Rancheria of California is deemed to be held in trust.

BW-ML-BD-HM-DD

SUPERVISOR LUCE REPORTED THAT THE LEGISLATIVE SUBCOMMITTEE WOULD BE DRAFTING LANGUAGE FOR INPUT ON AB 1367 (EVANS) RELATING TO REGIONAL HOUSING.

11. Board of Supervisors' Committee Reports and Announcements.

CHAIR DILLON REPORTED LAST WEEK SHE ATTENDED SOROPTIMIST AWARD CEREMONIES FOR THE CITIES OF NAPA AND CALISTOGA. SHE STATED THE AWARDS WERE PRESENTED TO WOMEN WHO ARE THE SOLE PROVIDERS FOR THEIR FAMILY BETTERING THEMSELVES BY RETURNING TO SCHOOL.

CHAIR DILLON REPORTED SHE PRESENTED A PROCLAMATION ON BEHALF OF THE BOARD TO THE CHILD ABUSE PREVENTION COUNCIL IN HONOR OF CHILD ABUSE PREVENTION MONTH.

CHAIR DILLON REPORTED ON MARCH 31, 2005, THAT SHE, HOWARD SIEGEL, COMMUNITY PARTNERSHIP MANAGER, JILL TECHEL, CITY OF NAPA MAYOR-ELECT, AND DAVE WHITMER, AGRICULTURAL COMMISSIONER-SEALER OF WEIGHTS AND MEASURES, MET WITH THE DELEGATION FROM THE WINE REGION IN TELAVI, REPUBLIC OF GEORGIA.

11. Continued

CHAIR DILLON REQUESTED PAMELA MILLER, CLERK OF THE BOARD, PROVIDE A BRIEF REPORT ON THE BOARDS, COMMITTEES AND COMMISSIONS (B/C/C) TRAINING WORKSHOP THAT OCCURRED ON MARCH 31, 2005. CLERK MILLER REPORTED THAT 19 PARTICIPANTS FROM 9 VARIOUS B/C/C ATTENDED THE WORKSHOP AND TOPICS COVERED INCLUDED AN OVERVIEW OF THE COUNTY ORGANIZATION, THE BROWN ACT, CREATION OF EFFECTIVE AGENDAS AND MINUTES, ROLES AND RESPONSIBILITIES, AND IDENTIFYING AND UTILIZING YOUR VALUES IN CONJUNCTION WITH MAKING A DIFFERENCE IN YOUR COMMUNITY.

12. Board of Supervisors' Future Agenda Items.

SUPERVISOR DODD REQUESTED STAFF AGENDIZE DISCUSSION REGARDING THE BUSINESS, TRANSPORTATION AND HOUSING AGENCY’S OUTLINE ON PROPOSED REFORMS FOR GENERAL PLAN HOUSING AND LAND USE ELEMENTS PRESENTED IN THE LEGISLATIVE REPORT.

CHAIR DILLON REQUESTED ENVIRONMENTAL MANAGEMENT CONSIDER STORMWATER FEES WHEN REVIEWING THE FEE INCREASES THAT WERE REMOVED FROM THE RESOLUTION IN TODAY’S AGENDA ITEM 8E.

13. County Executive Officer Reports and Announcements.

NANCY WATT, COUNTY EXECUTIVE OFFICER, ANNOUNCED THE COUNTY HAS BEEN CHOSEN TO RECEIVE A COUNTIES CARE FOR KIDS AWARD, PRESENTED BY THE NATIONAL ASSOCIATION OF COUNTIES. THE AWARD, WHICH IS THE SECOND CONSECUTIVE AWARD RECEIVED FOR COUNTIES CARE FOR KIDS, IS FOR NAPA’S INFANT-PARENT MENTAL HEALTH FELLOWSHIP PROGRAM.

MS. WATT ACKNOWLEDGED DR. KRISTIE BRANDT, CHIEF PUBLIC HEALTH MANAGER, WHO CREATED THE PROGRAM, AND STATED SHE WILL BE TRAVELING TO WASHINGTON, D.C. TO ACCEPT THE AWARD ON THE COUNTY’S BEHALF.

14. Closed Session.

NONE

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ SPECIAL MEETING, MONDAY,

APRIL 11, 2005 AT 8:30 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