1

MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

May 3, 2005

1. Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION ON TUESDAY, MAY 3, 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.

Connie Battisti, Co-Chair, Napa County Children's Health Initiative, LED THE SALUTE TO THE FLAG.

Presentations and Commendations

3A. Presentation of a proclamation declaring May, 2005 as Napa County Watershed Awareness Month.

PRESENTATION MADE

3B. Presentation of a proclamation to Dave Whitmer, Agricultural Commissioner, proclaiming

May, 2005 as Glassy-winged Sharpshooter Awareness Month.

PRESENTATION MADE

4. Public Comment.

NONE

5. Department Heads' Reports and Announcements.

NONE

Consent Calendar

6A. Sheriff requests authorization to sign the State of California, Department of Parks and Recreation

grant application for Fiscal Year 2005-2006 in the amount of $55,000 for partial reimbursement of

salaries and benefits, off highway vehicle equipment and repairs in regards to law enforcement

efforts in isolated areas of the County.

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

sign a revenue agreement with the California Department of Health Services (CDHS) for the

Health Resources and Services Administration (HRSA) National Bioterrorism Hospital

Preparedness Program for a maximum of $185,708 for the term September 1, 2004 through

August 31, 2005 to fund cooperative agreements with hospitals and supporting health care

systems. A-6427

6C. Agricultural Commissioner requests approval of and authorization for the Chair to sign an

agreement with Kristin Lowell Inc. for a maximum amount of $5,700 for the term May 3, 2005

through August 31, 2005 to prepare the Engineer’s Report required for the levy of assessments

pertaining to the Napa County Winegrape Pest and Disease Control District for Fiscal Year

2005-2006. A-6428

6D. Director of Public Works requests award of the contract for the "Energy Efficient Lighting

Retrofit for the Hall of Justice and Administration Building Project," PW 04-14, to

T. Marshall Associates, LTD. of Pleasanton, California, for their low base bid of $205,782 and authorization for the Chair to sign the construction contract.

6E. Clerk of the Board and County Counsel request the Board acknowledge the request of the

Napa Valley Community College District’s Bond Counsel, Stradling, Yocca, Carlson & Rauth, to

not authorize the issuance of a tax and revenue anticipation note, thereby allowing the community

college district to issue the note in its name, and authorize the Clerk of the Board to sign and

return the acknowledgement to the District’s Bond Counsel.

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

Allocation List in the Recorder/County Clerk division of the Assessor-Recorder-County Clerk

Department to add one (1) Limited Term Assessment Records Assistant I, effective May 3, 2005,

through June 30, 2006. R-05-72

6G. County Executive Officer and Clerk of the Board request transfer of unclaimed monies totaling

$7,512 currently held in the Clerk of the Board Tax Deposit Trust Fund to the General Fund.

6H. County Executive Officer/Director of Emergency Services requests approval of and authorization

for the Chair to sign an agreement with Of The Woods for a maximum of $50,000 for the term

May 3, 2005 through July 31, 2005 to provide brush chipping services for a Firewise grant

program. A-6429

6I. County Executive Officer/Director of Emergency Services requests approval of Budget Transfer

No. 80 in the amount of $6,226 increasing appropriations in the Information Technology budget

with offsetting revenue from the Emergency Services budget unit to establish a fixed asset for the

purchase of a 42-inch printer. (4/5 vote required) BT-80

6J. County Executive Officer/Purchasing Agent requests the following:

1. Declare certain items of personal property as surplus and no longer required for public use; and

2. Authorize the Purchasing Agent to dispose of these items of personal property by direct sale to the Los Angeles County Elections Department.

7. Discussion of items removed from the Consent Calendar.

NONE

APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6J.

BW-BD-HM-ML-DD

Set Matters or Public Hearings

8A. 9:00 a.m. Receive a report on the Napa County Children's Health Initiative by Connie Battisti, Co-Chair, Napa County Children's Health Initiative. (Supervisor Dodd)

REPORT RECEIVED

8B. 9:30 a.m. Public Hearing. First reading and intention to adopt an ordinance amending Chapter 5.12 of the Napa County Code regulating occupancy and use of public rights-of-way by cable systems and open video systems, providing for establishment of customer service standards, franchise and licensing requirements of such systems and prescribing minimum charges, terms and conditions for construction, maintenance and repair of such systems.

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)].

PUBLIC HEARING HELD – NO TESTIMONY PRESENTED

TITLE READ

THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.

BW-BD-HM-ML-DD

THE BOARD DECLARED INTENT TO ADOPT THE ORDINANCE.

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8C. 9:50 a.m. Public Hearing. County Executive Officer requests the following concerning establishing fees and rates for the collection of solid waste, recyclables and green waste for the Unincorporated Area of Garbage Zone One:

1. Open Public Hearing regarding the proposed franchise and rate surcharge fees, and service rates; and

PUBLIC HEARING HELD – NO TESTIMONY PRESENTED

2. Close Public Hearing and adopt the following two resolutions:

a. Resolution establishing franchise and rate surcharge fees charged to the Zone One solid waste collection franchisee for County costs of management and enforcement; and

ADOPTED RESOLUTION ML-BW-BD-HM-DD R-05-69

b. Resolution establishing rates for the collection of solid waste, recycling and green waste services applicable in Garbage Zone One, effective

October 1, 2005, contingent upon Board approval of the Franchise Agreement with Napa County Recycling and Waste Services.

ADOPTED RESOLUTION ML-BW-BD-HM-DD R-05-70

8D. 9:50 a.m. Public Hearing. County Executive Officer requests the following concerning approving a franchise for the collection of solid waste, recyclables, and green waste in Garbage Zone One:

1. Open Public Hearing regarding the approval of a franchise to Napa County Recycling and Waste Services, LLC., for the collection of solid waste, recyclables, and green waste in the Unincorporated Area of Garbage Zone One, effective October 1, 2015; and

PUBLIC HEARING HELD – NO TESTIMONY PRESENTED

2. Close Public Hearing and adopt one resolution that will:

a. Approve and authorize the Chair to sign a Memorandum of Understanding with the City of Napa for the County's use of the City's Material Diversion Facility for the term October 1, 2005 through November 30, 2015; and

ADOPTED RESOLUTION BD-ML-HM-BW-DD R-05-71

APPROVED REQUEST BD-ML-HM-BW-DD A-6430

b. Approve and authorize the Chair to sign the franchise agreement for the collection of solid waste, recyclables, and green waste in Garbage Zone One to Napa County Recycling and Waste Services, LLC., effective October 1, 2005 through November 30, 2015 with an option for up to (4) one year extensions.

APPROVED REQUEST BD-ML-HM-BW-DD A-6431

8E. 10:30 a.m. First reading and intention to adopt an ordinance adding a new Chapter 1.30 to Title 1

of the Napa County Code Providing for the Indemnification of the County for Land Use

Approvals.

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.

(CONTINUED FROM APRIL 19, 2005)

TITLE READ

THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.

BD-ML-HM-BW-DD

THE BOARD DECLARED INTENT TO ADOPT THE ORDINANCE.

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THE BOARD CONTINUED THE SECOND READING AND ADOPTION OF THE ORDINANCE TO MAY 10, 2005 AT 10:00 A.M.

8F. 11:00 a.m. Closed Session.

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

Names of cases:

1. Vickii Garcia v. County of Napa, et. al. (Napa Superior Court Case No. 26-23875)

2. Steven A. Flinn v. County of Napa, et. al. (California State Mediation & Conciliation Service Case No. 97-1-452)

CLOSED SESSION HELD – NO REPORTABLE ACTION

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.

Administrative Items

9A. County Executive Officer requests the appointment/reappointment of one (1) member of the Board

of Supervisors to serve on the Local Agency Formation Commission (LAFCO) as an alternate

member for a four (4) year term of office commencing immediately and expiring the first Monday

in May 2009.

THE BOARD APPOINTED SUPERVISOR MOSKOWITE.

BD-BW-HM-ML-DD

9B. Second reading and adoption of an ordinance implementing process improvements for various

procedural and administrative practices designated in the Napa County Code, including political

signs, directional signs, comprehensive sign plans, parcel design, fences, entry structures, parking

requirements, certificates of extent of legal nonconformities, and expiration of site plan approvals.

ENVIRONMENTAL DETERMINATION: Categorical Exemption Class 5: It has been

determined that this type of project does not have a significant effect on the environment and is

exempt from the California Environmental Quality Act. The project will not impact an

environmental resource of hazardous or critical concern, has no cumulative impact, there is no

reasonable possibility that the activity will have significant effect on the environment due to

unusual circumstances, will not result in damage to scenic resources, is not located on a list of

hazardous waste sites, cause substantial adverse change in the significance of a historical resource

or extract groundwater in excess of the Phase 1 groundwater extraction standards as set by the

Department of Public Works. [See Class 5 (“Minor Alterations in Land Use Limitations”) which

may be found in the guidelines for the implementation of the California Environmental Quality

Act at 14 CCR §15305; see also Napa County’s Local Procedures for Implementing the California

Environmental Quality Act, Appendix B.]

ADOPTED ORDINANCE BD-ML-HM-BW-DD O-1260

Legislative Items

10A. Approval of and authorization for the Chair and certain County officers to sign a letter supporting

continued federal funding for the Safe and Drug Free Schools and Communities program.

(Unanimous vote of the Board members present required)

APPROVED REQUEST BW-ML-BD-HM-DD

10B. Discussion and possible action concerning any and all issues related to Regional Housing Needs

Allocations. (Unanimous vote of the Board members present required)

ITEM NOT DISCUSSED

10C. Discussion and possible action concerning SB 1059 - Electric transmission corridors.

(Unanimous vote of the Board members present required)

THE BOARD WENT ON RECORD IN OPPOSITION OF SB 1059.

ML-BD-HM-BW-DD

11. Board of Supervisors' Committee Reports and Announcements.

SUPERVISOR LUCE REPORTED THAT HE ATTENDED THE ASSOCIATION OF BAY AREA GOVERNMENTS’ (ABAG) GENERAL ASSEMBLY ON INDIAN GAMING WITH ANDREW CAREY, COUNTY EXECUTIVE OFFICE MANAGEMENT ANALYST, AND STATED THAT SUPERVISOR KROMM OF SOLANO COUNTY MADE AN EXCELLENT PRESENTATION OF THE NAPA/SOLANO/SONOMA CONSORTIUM’S EFFORTS REGARDING TRIBAL GAMING.

11. Continued

SUPERVISOR WAGENKNECHT REPORTED THAT HE ATTENDED A COUNTY MEDICAL SERVICES PROGRAM (CMSP) MEETING IN SACRAMENTO, AT WHICH DISCUSSION OCCURRED REGARDING MENTAL HEALTH COVERAGE PROVIDED TO COUNTIES. HE STATED PART OF THE DISCUSSION ON COVERAGE PERTAINED TO THE LENGTH OF TIME ALLOWED FOR TREATMENT IN A MENTAL HEALTH HOSPITAL.

12. Board of Supervisors' Future Agenda Items.

THE BOARD DIRECTED STAFF TO RETURN WITH A REPORT ON THE DISTRIBUTION OF TOBACCO SETTLEMENT FUNDS AND A PROPOSED PLAN ON FUNDING THE CHILDREN’S HEALTH INITIATIVE THROUGH THE USE OF TOBACCO SETTLEMENT FUNDS.

13. County Executive Officer Reports and Announcements.

NONE

14. Closed Session.

A. Public Employee Discipline/Dismissal/Release (Government Code Section 54957)

CLOSED SESSION HELD – NO REPORTABLE ACTION

Supplemental Agenda

14. Closed Session.

B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9: (One case)

CLOSED SESSION HELD – NO REPORTABLE ACTION

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

MAY 10, 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