MINUTES OF THE
MEETING OF THE BOARD OF SUPERVISORS
COUNTY OF NAPA
April 26, 2005
1. Call to Order; Roll Call.
THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION ON TUESDAY, APRIL 26, 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 9:03 A.M.
2. Pledge of Allegiance.
MEEGAN CONDON, MANAGEMENT ANALYST II, LED THE SALUTE TO THE FLAG.
Presentations and Commendations
3A. Presentation of a proclamation declaring May, 2005 as "Older Americans Month" in Napa County.
PRESENTATION MADE
4. Public Comment.
SUSAN RUSHING-HART SPOKE REGARDING THE EROSION CONTROL PROBLEMS IN SALVADOR CREEK. SHE STATED SHE WAS CONCERNED BY THE APPARENT LACK OF IMPLEMENTATION OF MITIGATION MEASURES IN THE ALSTON PARK AREA.
CHAIR DILLON RESPONDED THE FLOOD CONTROL AND WATER CONSERVATION DISTRICT BOARD DISCUSSED THIS ISSUE AT THEIR
APRIL 19, 2005 MEETING AND THAT DISTRICT STAFF CONTINUES TO
WORK ON THE ISSUE.
GEORGE BACHICH SPOKE REGARDING THE BOARD’S RETREAT HELD ON APRIL 11 AND 12, 2005. HE FELT THE MEETING WAS NOT NOTICED AS A PUBLIC MEETING AND PROVIDED SUGGESTED AMENDMENTS TO THE BOARD’S ADOPTED VISION STATEMENT AND THE DRAFT GUIDING PRINCIPLES FOR THE GENERAL PLAN STEERING COMMITTEE. HE PRESENTED HIS SUGGESTED AMENDMENTS IN WRITING TO THE BOARD.
CHAIR DILLON RESPONDED THAT THE MEETING WAS NOTICED AS A PUBLIC MEETING WITHIN THE GUIDELINES OF THE BROWN ACT.
5. Department Heads' Reports and Announcements.
NATASHA MERKULOFF, DIRECTOR OF CHILD SUPPORT SERVICES, SPOKE REGARDING AB 667 (JONES: CHILD SUPPORT ENFORCEMENT) AND STATED THE CALIFORNIA STATE CHILD SUPPORT DIRECTORS’ ASSOCIATION, CALIFORNIA STATE ASSOCIATION OF COUNTIES (CSAC), AND SEIU HAVE ALL TAKEN A POSITION OPPOSING THE BILL. SHE STATED THE BILL IMPOSES VERY RIGID PERFORMANCE MEASURES ON CHILD SUPPORT SERVICES DEPARTMENTS, REGARDLESS OF A COUNTY’S CURRENT PERFORMANCE LEVEL. AFTER A YEAR, IF THE COUNTY IS NOT MEETING THE REQUIRED GOALS, THE STATE WILL MANDATE A PERFORMANCE IMPROVEMENT PLAN FOR THE COUNTY, AND IF AFTER ANOTHER YEAR THE COUNTY IS STILL NOT REACHING THE PROPOSED GOALS, THE STATE SHALL REQUIRE THE REMOVAL OF THE LOCAL CHILD SUPPORT SERVICES DIRECTOR OR IMPOSE PENALTIES ON THE COUNTY FOR LACK OF PERFORMANCE. MS. MERKULOFF SAID CONCERNS INCLUDE THAT A TOP PERFORMING COUNTY, SUCH AS NAPA, WOULD HAVE A HARD TIME INCREASING THEIR PRODUCTIVITY ESPECIALLY WITH A SHORTFALL IN PERSONNEL; THE PROPOSED STATE IMPOSED PENALTIES ARE A VIOLATION OF PROPOSITION 1A; AND IT WOULD STOP THE CREATION OF A STATEWIDE AUTOMATED SYSTEM. SHE ASKED THAT THE BOARD GO ON RECORD IN OPPOSITION TO THE BILL.
DAVE WHITMER, AGRICULTURAL COMMISSIONER AND SEALER OF WEIGHTS AND MEASURES, REPORTED THAT THE FIFTH GLASSY WINGED SHARP SHOOTER EGG MASS OF THE SEASON WAS FOUND ON APRIL 22, 2005. HE STATED THIS IS THE FOURTH SHIPMENT INTO THE COUNTY THAT CONTAINED AN EGG MASS. THE FIRST TWO WERE FOUND ON A SHIPMENT FROM VENTURA COUNTY, THE THIRD ALSO CAME FROM VENTURA COUNTY THROUGH SAN JOAQUIN COUNTY, AND THE FOURTH FROM RIVERSIDE COUNTY. MR. WHITMER STATED THE RECENT FINDING WAS ON A PURCHASE MADE BY A MEMBER OF THE LOCAL WINE INDUSTRY AND STATED HE IS CONCERNED THAT SUCH PURCHASES ARE NOT BEING MADE LOCALLY. HE STATED MORE EDUCATIONAL EFFORTS ARE NEEDED AND THAT HE WOULD BE BACK ON MAY 3, 2005 TO REQUEST THE BOARD DECLARE THE MONTH OF MAY AS GLASSY WINGED SHARP SHOOTER MONTH.
Consent
Calendar
6A. Sheriff requests approval of the following items related to the establishment of a fixed asset and
purchase of one protective bomb suit for the Hazardous Device Team:
1. Approval of Budget Transfer No. 79 transferring $17,607 within the Sheriff's budget and establishing a fixed asset in the amount of $17,607; (4/5 vote required) and
BT-79
2. A waiver of competitive bidding requirements and sole source award to Med-Eng Systems, Inc. of Ottawa, Ontario, Canada for a total of $17,607 pursuant to County Ordinance Code 2.36.090.
6B. Director of Health and Human Services requests approval of and authorization for the Chair to
sign the following agreements with the California Department of Mental Health:
1. Renewal of Agreement No. 3315 for the term July 1, 2003 through June 30, 2004 establishing the County’s mental health services performance contract for Fiscal
Year 2003-2004; A-3315
2. Renewal of Agreement No. 3315 for the term July 1, 2004 through June 30, 2005 establishing the County's mental health services performance contract for Fiscal
Year 2004-2005; and A-3315
3. Amendment No. 1 to Agreement No. 4028 increasing the amount by $33,077 for a new maximum of $725,613 for the Napa County Mental Health Managed Care Program. A-4028
(AMEND. 1)
6C. Director of Health and Human Services requests approval of and authorization for the Chair to
sign Amendment No. 2 to Agreement No. 4000 with Community Resources for Children
increasing the amount by $98,730 for a new maximum of $521,730 to administer and make direct
payments to child care service providers for Fiscal Year 2004-2005. A-4000
(AMEND. 2)
6D. Director of Health and Human Services requests approval of and authorization for the Chair to
sign Amendment No. 1 to Agreement No. 4455 with P.R. Resources, Inc., dba MedSource
Consultants (formerly dba Psychiatric Resources) increasing the amount by $4,000 for a new
maximum of $24,000, incorporating agency-wide changes to the General Terms and Conditions,
and revising the Scope of Work to provide permanent placement services for vacant staff
psychiatrist positions in the mental health program. A-4455
(AMEND. 1)
6E. Director of Health and Human Services requests approval of and authorization for the Chair to
sign Amendment No. 2 to Agreement No. 6221 with Charles Taylor, Ph.D., increasing the amount by $8,040 for a new maximum of $15,000 to provide psychologicial assessments.
A-6221
(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. 6281 with Napa Valley College extending the term
through September 30, 2005 to provide small business plan development training for clients
participating in the INCLUSION Program. A-6281
(AMEND. 2)
6G. Director of Health and Human Services requests approval of and authorization for the Chair to
sign Amendment No. 1 to Agreement No. 6321 with Frieda Weinstein, MFT, increasing the
amount by $7,000 for a new maximum of $12,000 to provide services in the Mental Health
Outpatient Managed Care Program. A-6321
(AMEND. 1)
6H. Director of Health and Human Services requests approval of and authorization for the Chair to
sign the following two Memoranda of Understandings with the Napa County Office of Education:
1. A Memorandum of Understanding for the term January 3, 2005 through June 30, 2005 setting forth funding requirements for Assembly Bill 3632 mental health services; and
A-6424
2. A Memorandum of Understanding for the term July 1, 2005 through June 30, 2008 for
participation in a grant submitted by the Napa County Office of Education to the Drug Free Communities Support Program for operation of the CATALYST Project.
A-6425
6I. Director of Health and Human Services requests approval of Budget Transfer No. 77 transferring
$11,629 from Special Department Expense to Equipment in the Public Health budget and
establishment of two fixed assets in the amount of $11,629 for the purchase of two 7 x 14 trailers.
(4/5 vote required) BT-77
6J. Director of Conservation, Development and Planning requests approval of and authorization for
the Chair to sign an agreement with BMI Imaging Systems for a maximum of $21,460 for the term
April 26, 2005 through June 30, 2005 to scan/image all documents and maps for nonresidential
permits. A-6426
6K. Director of Public Works requests the Board grant an easement to the Napa Sanitation District
across a portion of the County's maintenance yard located at 933 Water Street (Assessor's Parcel
No. 003-242-003) to facilitate utility relocations required by the Napa River/Napa Creek Flood
Protection Project, and authorize the Director of Public works to sign the necessary Easement
Deed and any related documents.
6L. 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 02-06, “Napa County Airport 2003 Airport Expansion Project.”
6M. Director of Public Works requests approval of plans and specifications for the "Napa County
Airport Apron Rehabilitation Phase I and Taxiway Development Area Project,” PW 05-01,
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.
6N. Director of Public Works requests approval of partial release of retention for the "Napa County
Sheriff Facility Project," PW 01-26, to McCrary Construction Company of Belmont, California,
pursuant to Section 7107 of the Public Contract Code.
6O. Director of Public Works requests adoption of a change order authorizing construction contract
changes for the "Cuttings Wharf Road Class 2 Bike Lane Project, Segment 3," RDS 05-07, in
accordance with Public Contract Code Section 20136(c) to deal with unexpected circumstances for
an amount not to exceed $29,000. (2/3 vote required)
6P. Auditor-Controller requests authorization for out of state travel for Auditor-Controller Pamela
Kindig to attend the annual Government Finance Officers Association (GFOA) Conference in San
Antonio, Texas, from June 24 - June 30, 2005.
6Q. County Counsel requests the following as they relate to Administrative Leaves of Absence and
Salary on Promotion:
1. Second reading and adoption of an ordinance amending Sections 2.100.235 and 2.100.340 of the Napa County Code; and O-1257
2. Adoption of a resolution to revise Part I, Section 37 of the County Policy Manual.
R-05-68
6R. County Counsel requests adoption of a resolution adopting an amended and restated 457 Deferred
Compensation Plan and Trust/Custodial Document to incorporate minor technical changes.
R-05-65
6S. County Counsel requests authorization for Clerk of the Board to execute memorandum by which
the Board opts out of participating in the issuance of California School Cash Reserve Program
Authority 2005 Pooled Tax Revenue Anticipation Notes ("TRANs"), and allows Calistoga Joint
Unified, Napa Valley Unified and St. Helena Unified School Districts to issues TRANs on their
own behalf.
6T. Human Resources Director requests adoption of a resolution amending the Departmental
Allocation List in the Sheriff's Department to delete one (1) Legal Clerk II and add one (1)
Evidence Technician, effective May 7, 2005. R-05-66
6U. Local Enforcement Agency Manager requests adoption of a resolution authorizing application to
the California Integrated Waste Management Board for a solid waste Local Enforcement Agency
Grant in the amount of $18,000, and authorization for the Assistant County Executive Officer to
execute the required documents. R-05-67
6V. County Executive Officer requests approval of the amended County Travel Policy, effective
May 1, 2005.
APPROVED, AS AMENDED.
6W. County Executive Officer and Director of Compliance request acceptance of the Compliance
Program Quarterly Report for the period ending March 31, 2005.
7. Discussion of items removed from the Consent Calendar.
NONE
Approved consent calendar items 6a through 6w, as notated above. BW-BD-HM-ML-DD
Set Matters or Public Hearings
8A. 9:15 a.m. Napa County Commission on Aging to present its annual report.
REPORT PRESENTED
8B. 9:45 a.m. Public Hearing. First and final reading and adoption of
technical cleanup ordinance to:
1. Eliminate the Zoning Administrator as the decision maker on use permits in the Industrial Park Zoning District to be consistent with previous ordinances;
2. To reflect the change in title from “Fire Warden” to “Fire Chief”; and
3. To delete “overlay” in lieu of the more correct wording of “combination” district.
PUBLIC HEARING HELD – NO TESTIMONY PRESENTED
TITLE READ
THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.
BD-BW-HM-ML-DD
ADOPTED ORDINANCE ML-BW-BD-HM-DD O-1258
8C. 9:45 a.m. Public Hearing. First and final reading and adoption of an ordinance implementing
process improvements for various procedural and administrative practices designated in the Napa
County Code, including political signs, parcel design, fences, entry structures, parking requirements, certificates of extent of legal nonconformities, and expiration of site plan approvals.
PUBLIC HEARING HELD – NO TESTIMONY PRESENTED
8C. Continued
THE ORDINANCE WAS AMENDED TO REMOVE SECTION 18.116.020 REGARDING MAXIMUM AGGREGATE AREA FOR POLITICAL SIGNS AND REMAND THIS SECTION BACK TO THE PLANNING COMMISSION. AS A RESULT, THE ORDINANCE WILL NOW HAVE TWO READINGS BEFORE THE BOARD AND THIS IS THE FIRST READING AND INTENT TO ADOPT THE ORDINANCE.
TITLE READ
THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.
BW-ML-BD-HM-DD
THE BOARD DECLARED INTENT TO ADOPT THE ORDINANCE.
BD-BW-HM-ML-DD
8D. 9:45 a.m. Public Hearing. First and final reading and adoption of an ordinance proposing certain
procedural changes to the Conservation Regulations for:
1. Replacing structural erosion control plans (ECPS) with the more comprehensive National Pollution Discharge Elimination System (NPDES) stormwater erosion
control plans;
2. Making the process for requesting allowance to grade in the winter shutdown period consistent between sensitive domestic water supply drainage and other watersheds;
3. Correcting various typographical and technical errors; and
4. Amending certain other sections to improve clarity and processing of erosion control applications.
PUBLIC HEARING HELD – NO TESTIMONY PRESENTED
TITLE READ
THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.
BD-BW-HM-ML-DD
ADOPTED ORDINANCE BD-BW-HM-ML-DD O-1259
8E. 10:30 a.m. Recess to the In-Home Supportive Services Public Authority of Napa County special meeting.
(SEE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY OF NAPA COUNTY MINUTES)
9. Administrative Items.
NONE
Legislative Items
10A. Discussion and possible action concerning any and all issues related to Regional Housing Needs
Allocations. (Unanimous vote of the Board members present required)
THE BOARD DIRECTED STAFF TO INCLUDE THIS ITEM ON EVERY AGENDA UNTIL FURTHER NOTICE.
11. Board of Supervisors' Committee Reports and Announcements.
SUPERVISOR DODD REPORTED HE ATTENDED THE Napa County Transportation Planning Agency (NCTPA) BOARD MEETING LAST WEEK. HE STATED THE COUNTY RECEIVED $1.4 MILLION FOR ROADS AND STREETS FROM THE METROPOLITAN TRANSPORTATION COMMISSION (MTC) AND THAT PROJECTS ON REDWOOD ROAD AND SILVERADO TRAIL WOULD BE CANDIDATES TO RECEIVE the FUNDS. SUPERVISOR DODD SAID THE SHORT-RANGE TRANSIT PLAN WAS RELEASED FOR PUBLIC REVIEW AND COMMENT, AND MTC RECEIVED COMMENTS AND SUGGESTIONS FROM THE NAPA COUNTY LEAGUE OF GOVERNMENT’S (NCLOG) SALES TAX SUBCOMMITTEE.
SUPERVISOR DODD ANNOUNCED THAT MAY 19, 2005 IS BIKE TO WORK DAY AND ENCOURAGED EVERYONE TO BIKE TO WORK.
SUPERVISOR WAGENKNECHT REPORTED THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT IS CURRENTLY WORKING ON A COMPREHENSIVE LEGISLATIVE PACKAGE.
SUPERVISOR WAGENKNECHT REPORTED ON APRIL 25, 2005, HE ATTENDED THE BAY AREA WATER FORUM IN OAKLAND. HE STATED THIS GROUP IS WORKING TOWARDS BECOMING THE COORDINATING BODY FOR ALL WATER RELATED ACTIVITIES IN THE BAY AREA. HE SAID THE GROUP HAS BEEN FUNDED FROM CALFED OVER THE PAST SEVERAL YEARS AND THEY ARE NOW SEEKING FUNDING FROM OTHER SOURCES.
CHAIR DILLON EXPRESSED HER CONCERN OVER THE NUMBER OF COMMISSIONS BEING CREATED ON WATER ISSUES.
SUPERVISOR LUCE REPORTED THE NAPA SANITATION DISTRICT (NSD) WAS AWARDED A NEW PERMIT FROM THE REGIONAL WATER QUALITY CONTROL BOARD (RWQCB).
11. Continued
CHAIR DILLON REPORTED SHE AND NANCY WATT, COUNTY EXECUTIVE OFFICER, ATTENDED TWO RIBBON CUTTING CEREMONIES APRIL 22, 2005 IN ST. HELENA AND CALISTOGA. THE CEREMONIES WERE TO CELEBRATE THE NEW BUS ROUTE FOR VINE 11 FROM ST. HELENA THROUGH CALISTOGA TO SANTA ROSA. SHE THANKED NCTPA AND STATED THE COMMUNITY IS VERY EXCITED ABOUT AND APPRECIATIVE OF THE NEW TRANSPORTATION ROUTE.
CHAIR DILLON REPORTED SHE AND SUPERVISOR DODD ATTENDED THE VINEYARD OPEN HOUSE HOSTED BY THE VINTNER’S ASSOCIATION ON APRIL 23, 2005.
CHAIR DILLON REPORTED ON APRIL 25, 2005, SHE PARTICIPATED ON A CONFERENCE CALL WITH THE REGIONAL COUNCIL OF RURAL COUNTIES (RCRC) EXECUTIVE BOARD AND STATED OF GREAT CONCERN TO THE BOARD IS SB 1059 (ESCUTIA AND MORROW: ELECTRIC TRANSMISSION CORRIDORS).
SHE STATED THIS BILL WOULD ALLOW THE STATE TO DESIGNATE AREAS FOR TRANSMISSION LINES WITHOUT REGARD TO LOCAL PLANNING INPUT. SHE COMMENTED THAT RCRC AND SOUTHERN CALIFORNIA EDISON HAVE BOTH TAKEN A POSITION IN OPPOSITION TO THE BILL, WHILE THE CHAMBERS OF COMMERCE AND PG&E SUPPORT THE BILL. SHE REQUESTED SB 1059 BE REFERRED TO THE LEGISLATIVE SUBCOMMITTEE FOR REVIEW AT THEIR MAY 2, 2005 MEETING AND AGENDIZED FOR THE BOARD ON MAY 3, 2005.
ANDREW CAREY, MANAGEMENT ANALYST II, STATED BOTH CSAC AND THE LEAGUE OF CALIFORNIA CITIES HAVE TAKEN A POSITION IN OPPOSITION TO THE BILL.
CHAIR DILLON REPORTED ON APRIL 25, 2005, THERE WAS A COMMUNITY MEETING IN ST. HELENA REGARDING YOUTH SUBSTANCE ABUSE. SHE STATED 70 PEOPLE ATTENDED AND THE GROUP WILL BE MOVING FORWARD WITH VARIOUS SUB COMMITTEES TO ADDRESS ISSUES SUCH AS LAW ENFORCEMENT, PARENTING, AND SCHOOL PARTICIPATION. CHAIR DILLON THANKED SHIRIN VAKHARIA, PREVENTION COORDINATOR, FOR HER PARTICIPATION.
SUPERVISOR LUCE REPORTED ON APRIL 23, 2005, HE ATTENDED A RETIREMENT PARTY FOR RETIRED FIRE CHIEF BYRON CARNIGLIA, WHO SERVED THE COUNTY SINCE 1940.
12. Board of Supervisors' Future Agenda Items.
SUPERVISOR WAGENKNECHT REQUESTED THAT AB 667 BE REFERRED TO THE LEGISLATIVE SUBCOMMITTEE FOR REVIEW.
CHAIR DILLON REQUESTED SB 1059 BE REFERRED TO THE LEGISLATIVE SUBCOMMITTEE FOR REVIEW AT THEIR MAY 2, 2005 MEETING AND TO BE AGENDIZED FOR THE BOARD ON MAY 3, 2005 (AS NOTATED ABOVE).
12. Continued
CHAIR DILLON STATED SHE WOULD LIKE TO SEE A COORDINATED EFFORT AMONGST DEPARTMENTS REGARDING THE ISSUES SURROUNDING CAVE SPOILS IN THE FISCAL YEAR 2005-2006 WORK PLANS.
13. County Executive Officer Reports and Announcements.
NONE
14. Closed Session.
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code
Section 54957)
Title: Director of Environmental Management
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. v.
Napa County (Napa County Superior Court Case No. 26-27921)
CLOSED SESSION HELD – NO REPORTABLE ACTION
C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: (One case)
CLOSED SESSION HELD – NO REPORTABLE ACTION
Adjournment.
ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,
MAY 3, 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