MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

 

July 26, 2005

 

1.         Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION ON TUESDAY, JULY 19, 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 AT 9:04 A.M.

 

2.         Pledge of Allegiance.

            BRUCE CAKEBREAD LED THE SALUTE TO THE FLAG.

 

3.         Presentations and Commendations.

            NONE

 

4.                  Public Comment.

KAREN CRUZ SPOKE ABOUT PRESERVING THE REDWOOD TREES LOCATED NEAR ARROYO AND BROWN STREETS IN THE CITY OF NAPA.   DUE TO THE FLOOD CONTROL PROJECT THE TREES ARE SLATED TO BE REMOVED.

 

GERALD PALMER ALSO SPOKE ABOUT PRESERVING THE TREES.      

 

MURIEL FAGIANI SPOKE ABOUT PRESERVING THE COOMBS STREET BRIDGE IN THE CITY OF NAPA AND ITS RELATIONSHIP TO THE FLOOD CONTROL PROJECT.

 

5.                  Department Heads' Reports and Announcements.

GARY LIEBERSTEIN, NAPA COUNTY DISTRICT ATTORNEY, REPORTED THAT NAPA  COUNTY IS ONE OF FOUR PROJECTS SELECTED TO PARTICIPATE IN THE STATE GRANT MONIES ON COMMUNITY GANG VIOLENCE PREVENTION.   THESE MONIES WILL FUND THE PROJECT UP TO $400,000 FOR THE NEXT THREE YEARS.  OTHER AGENCIES FUNDED WERE LOS ANGELES COUNTY, CITY OF SACRAMENTO AND THE CITY OF OXNARD.

 

 

Consent Calendar

 

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

            sign Amendment No. 2 to Agreement No. 6298 with Susan Tam increasing the amount by

            $102,000 for a new maximum of $214,000 and extending the term through August 31, 2006 to

            provide services for the implementation of the Napa County Public Health Preparedness and

            Response to Bioterrorism Grant Program and the Health Resources Services Administration

            (HRSA) grant.                                                                                                              A-6298

                                                                                                                                                (AMEND. 2)


 

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

            sign Agreement No. 6391-2 with J & C Nationwide, Inc. dba JCNationwide for a maximum of

            $105,000 for the term July 26, 2005 through June 30, 2006 to provide temporary or permanent

            psychiatrist placement services to the mental health program.

                                                                                                                                                A-6391-2

 

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

            sign the Local Workforce Investment Area Local Plan Modification for Program Year 2005-2006.

            Community Resources & Infrastructure.

 

6D.      Director of Environmental Management requests approval of and authorization for the Chair to

            sign Amendment No. 9 to Agreement No. 3352 with the Napa-Vallejo Waste Management

            Authority to modify administrative and support services provided by the County for the Authority.

                                                                                                                                                A-3352

                                                                                                                                                (AMEND. 9)

           

6E.       Director of Public Works requests approval of and authorization for the Chair to sign a Space

            License Agreement with Tissue Banks International, Inc. (TBI) dba Northern California

            Transplant Bank for a maximum of $60,000 for the term July 26, 2005 through June 30, 2007 for

            its use of the new Sheriff facility to harvest human tissue for therapeutic transplantation.

A-6486

 

6F.       Director of Public Works requests approval of plans and specifications for the “650 Imperial Way

            Fire Protection System Modifications Project,” PW 05-04, 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.        

 

6G.      Director of Public Works/Aviation requests authorization for the Chair to sign a Certificate of

            Acceptance of an Avigation and Hazard Easement Deed from McMahon & LaGrand. (Assessor’s

            Parcel No. 058-070-025)

 

6H.      Director of Public Works/Aviation requests authorization for the Chair to sign a Certificate of    Acceptance of an Avigation and Hazard Easement Deed from John Cochran. (Assessor’s Parcel

            Nos. 058-083-013 and 058-083-015)

 

6I.        Assessor-Recorder-County Clerk requests approval of and authorization for the Chair to

            sign Amendment No. 2 to Agreement Nos. 4645-3 and 4646-3 with Madera County extending the

            term through June 30, 2006 and providing for an annual automatic renewal for the cost-sharing of

            the base-year tracking and manufactured home/aircraft automated valuation enhancements to the

            Megabyte Property Tax System.                                                                                   A-4645-3

                                                                                                                                                (AMEND. 2)

 

                                                                                                                                                A-4646-3

                                                                                                                                                (AMEND. 2)

 


 

6J.        Auditor-Controller requests authorization to prepare the necessary accounting entries to close the

            financial books for the Fiscal Year ended June 30, 2005.

 

6K.      Auditor-Controller requests the Board accept, and instruct the Clerk of the Board to file, the

            following County of Napa Audit Reports for the Fiscal Year ended June 30, 2004:

                        1. Treasurer-Tax Collector Department, Central Collections Revolving Fund;

                        2. Napa Special Investigation Bureau, Special Investigation Revolving Fund;

                        3. District Attorney's Office, Special Investigation Revolving Fund;

                        4. District Attorney's Office, Child Recovery Fund;

                        5. Health and Human Services Agency, Over the Counter Revolving Fund;

                        6. Napa City/County Library, Library Revolving Fund; and

                        7. County Executive Office, Insurance Revolving Fund.

 

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

            Reports for the Napa County Local Transportation Fund and Napa County Transportation Act

            Fund for Fiscal Year 2003-2004. 

 

6M.      Auditor-Controller requests approval of and authorization for the Chair to sign an agreement with

            Bartig, Basler & Ray, Certified Public Accountants, for a maximum of $58,500 for the term

            July 1, 2005 through June 30, 2006 to provide financial audits for Fiscal Year 2004-2005. 

                                                                                                                                                A-6487

 

6N.      County Counsel and District Attorney request the Board take the following actions:

1.      Approve the expenses relating to the out of country travel that Regina Clark, Child 

Recovery Assistant, was required to incur during a trip to Paris, France, pursuant to a Napa Superior Court Order, from June 30, 2005 - July 4, 2005 at an estimated cost of $9,400; and

 

2.      Direct staff to file an appropriate SB90 claim for recovery of the $9,400 from the State

of California.

 

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

            Allocation List for the Conservation, Development and Planning Department with regards to

            deleting one (1) Permit Technician position and adding one (1) Plans Examiner position, effective

            July 26, 2005.                                                                                                               R-05-128

 

6P.       Human Resources Director requests adoption of Retirement Resolution No. 05-119 to

            Maryellen Vander Sluis, Mental Health Counselor-Licensed, in recognition of over 31 years of

            service.                                                                                                                         R-05-119

 

 

6Q.      County Executive Officer requests approval of and authorization for the Chair to sign Amendment

            No. 1 to Agreement No. 6405 with the University of California at Santa Barbara - Economic

            Forecast Project increasing the amount by $8,000 for a new maximum of $32,500, extending the

            term through August 31, 2005, and amending the Scope of Work to include printing services for

            the Napa County Community Indicators Report.                                                           A-6405

                                                                                                                                                (AMEND. 1)


 

6R.       County Executive Officer requests the following appointments to serve on the Board of Directors

            of the Watershed Information Center and Conservancy (WICC) of Napa County representing

            Napa County Cities and Town as recommended by the Napa County City Selection Committee

            with terms of office to commence immediately and expire as indicated.

 

                        Name                                       City                                                      Term Expires

                        Lori Luporini                            City of American Canyon                      August 2006

                        Mark Van Gorder                    City of Napa                                        August 2008

 

6.                  Discussion of Items Removed from the Consent Calendar.

NONE

 

APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6R.

                                                BW-ML-HM-BD-DD

 

Set Matters or Public Hearings

 

8A.      9:00 a.m.  Consideration and possible action regarding an appeal filed by the

            Law Offices of Thomas N. Lippe representing Earth Defense for the Environment Now 

            of decisions by the Director of Conservation, Development and Planning to certify an

            Environmental Impact Report (EIR) and to approve Erosion Control Plan No. 99323-ECPA for

            earth moving activities on slopes greater than 5% associated with the Robert Mondavi Properties'

            Vineyard Project. (Assessor's Parcel No. 046-400-034).  ENVIRONMENTAL          DETERMINATION: The Board has been provided with a Final Environmental Impact

            Report (FEIR), which has been prepared and certified pursuant to CEQA, the State CEQA

            Guidelines, and the County's local procedures. The adequacy of the FEIR is the subject of the

            appeal. If the Board upholds the appeal, the FEIR will be remanded back to the Department of

            Conservation, Development, and Planning for revision. If the Board denies the appeal it will need

            to affirmatively re-certify the FEIR pursuant to State CEQA Guidelines Section 15090.

            (CONTINUED FROM JUNE 21, 2005)                                                                                 PUBLIC HEARING HELD – TESTIMONY PRESENTED

 

THE BOARD DECLARED ITS INTENT TO RECERTIFY THE ENVIRONMENTAL IMPACT REPORT.

                                                BD-HM-ML-BW-DD

 

THE BOARD DECLARED ITS INTENT TO APPROVE THE MODIFIED PROJECT REFERENCE MAP.

                                                BW-HM-BD-ML-DD

 

ITEM CONTINUED TO TUESDAY, AUGUST 9, 2005 AT 11:30 A.M.  FOR SUBMISSION OF FINDINGS.


 

8B.       11:00 a.m. Director of Health and Human Services requests the Board conduct a

            public hearing and consider adoption of a resolution establishing and increasing client fees for the

            Drinking Driver Program.                                                                                              R-05-129

            PUBLIC HEARING HELD – NO TESTIMONY PRESENTED

 

            ADOPTED RESOLUTION              BD-ML-HM-BW-DD

 

8C.      11:10 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)

 

8D.      11:15 a.m. - County Executive Officer recommends that the Board receive an update by the Napa

            Valley Conference & Visitors Bureau and the Napa Valley Economic Development

            Corporation regarding a proposed countywide destination strategy.

            UPDATE GIVEN

 

8E.       2:15 p.m. -  Presentation by First 5 Napa County of 2005-2006 grants to grantees. (Supervisor

            Wagenknecht)

SUPERVISOR WAGENKNECHT AND COMMITTEE CHAIR, TERESA ZIMNY PRESENTED MINI GRANTS (UNDER $5,000) TOTALING $45,605 TO THE FOLLOWING ORGANIZATIONS:

            1.   A PLACE OF MY OWN - FURNITURE & EQUIPMENT;

            2.   CATHOLIC CHARITIES - THERAPUTIC ART PROGRAM;

3.   CHILD ABUSE PREVENTION COUNCIL - SAFE FROM THE START;

4.   CHILD START INC. - MATH AND SCIENCE PROGRAM MATERIALS;  

            5.   CHILD START INC. - RESOURCE SHARING LIBRARY;

6.   DeANGELO FAMILY CHILD CARE CENTER – FURNITURE &

      AND EQUIPMENT; 

7.   HEALTHY MOMS & BABIES – CAR SEATS;

8.   MUSIC FOR LIFE – MUSIC THERAPY;

9.   NAPA VALLEY ADULT SCHOOL – PARENT WORKSHOPS;

10. NAPA WOMEN’S CLUB – BOOKS AND SUPPLIES FOR BOOK DRIVE;

11. SISTER ANN DENTAL CLINIC – DENTAL EQUIPMENT;

12. ST. HELENA FAMILY CENTER – FURNITURE & EQUIPMENT; AND,

13. ST. LUKES PRE-SCHOOL – EDUCATIONAL & PLAYGROUND SUPPLIES.

           

           

SCHOOL READINESS PROGRAM GRANTS TOTALING $142,129 WERE PRESENTED TO THE FOLLOWING ORGANIZATIONS:

1.      CALISTOGA JOINT UNIFIED SCHOOL DISTRICT - SUMMER BRIDGES;

2.      COMMUNITY RESOURCES FOR CHILDREN – TOY LIBRARY AND RESOURCE CENTER;

3.      COPE FAMILY CENTER -  CHILD DEVELOPMENT ASSESSMENT AND CONSULTATION;

4.      NAPA COUNTY OFFICE OF EDUCATION – EAGER TO LEARN II; AND

5.      UNTIED SHOELACES – COMPREHENSIVE HEALTH ASSESSMENTS.


 

8E        Continued

 

GRANTS (OVER $5,000) totaling $686,577 WERE PRESENTED TO THE FOLLOWING ORGANIZATIONS:

            1.   CALISTOGA FAMILY CENTER – PARENTS AS EDUCATORS II;

2.   CHILD START, INC. – JOB TRAINING & DEVELOPMENT;

3.      CHILD START, INC. – RAISING A READER;

4.      COMMUNITY RESOURCES FOR CHILDREN – EMERGENCY CHILD CARE ASSISTANCE;

5.      COMMUNITY RESOURCES FOR CHILDREN – HOME VISITING CHILD CARE PROVIDER TRAINING;

6.      COPE FAMILY CENTER – FAMILY ECONOMIC SUCCESS;

7.      HEALTHY MOMS & BABIES – GESTATIONAL DIABETES PROGRAM;

8.      HEALTHY MOMS & BABIES – PROUD FATHERS PROGRAM;

9.      ONE FAMILY NETWORK – FAMILY RESOURCE NETWORK PHASE III;

10.  PARENT CHILD ADVOCACY (MATRIX) – FAMILY HEALTH CARE LAISION;

11.  SISTER ANN DENTAL CLINIC – CHILDRENS’ DENTAL TREATMENT;

12.  SISTER ANN DENTAL CLINIC – PREVENTATIVE DENTAL TREATMENT FOR PREGNANT WOMEN; AND,  

13.  ST. HELENA FAMILY CENTER – PARENT EDUCATION PROGRAM.

 

8F.       3:00 p.m. - Recess to a joint meeting with the Napa City Council. (Napa City Hall)

                        1. Discussion and possible endorsement of design concept for a joint City-County Parking

                            Garage.

 

                        2. Status Updates Related to Homeless Shelter and other areas of agreement related to

                            City-County Memorandum of Understanding (MOU).

 

            MEETING HELD

 

THE BOARD AND CITY COUNCIL APPROVED THE FOOTPRINT OF THE PROPOSED PARKING STRUCTURE AND DIRECTED STAFF TO COME BACK WITH OPTIONS FOR USE OF THE SETBACK AREA/OPEN SPACE WHICH DO NOT REQUIRE DESIGN CHANGE.

 

Administrative Items

 

 

9A.      First reading and intention to adopt an ordinance amending Chapter 2.24 of the Napa County

            Code relating to the office of District Attorney-Public Administrator, adding a new Chapter 2.31

            to the Napa County Code relating to the Public Administrator, separating the consolidated offices

            of District Attorney and Public Administrator, and providing that the Public Administrator be an

            Appointive Office.  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.                                                                                 O-1265

            TITLE READ

 

 

 

9A       Continued.

           

THE BOARD WAIVED READING OF THE BALANCE OF THE ORDINANCE.

                                                                        BD-BW-ML-HM-DD

 

            THE BOARD DECLARED INTENT TO ADOPT THE ORDINANCE.

                                                                        BW-HM-BD-ML-DD

 

9B.       County Executive Officer requests appointment/reappointment of one (1) of the following

            applicants to serve on the Napa City-County Library Commission with the term of office to

            commence July 1, 2005 and expire June 30, 2008.

 

                        Name

                        Tom Feutz*

                        Sandra Kay Soper

           

                        *Incumbent

 

            THE BOARD APPOINTED TOM FEUTZ.

                                                            ML-HM-BD-BW-DD

 

9C.      County Executive Officer requests the appointment 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 MARK LUCE TO SERVE AS AN ALTERNATE MEMBER ON THE LOCAL AGENCY FORMATION COMMISSION

                                                BD-BW-HM-ML-DD

 

10.       Legislative Items.

            NONE

 

11.       Board of Supervisors' Committee Reports and Announcements.

SUPERVISOR WAGENKNECHT REPORTED THAT HE ATTENDED THE FIRST FIVE MEETING WHERE LEGISLATION DEALING WITH A PROPOSAL SIMILAR TO THE CHILD HEALTH INITIATIVE WAS DISCUSSED.  HE SUGGESSTED THAT THE ISSUE BE REFERRED TO THE LEGISLATIVE SUB-COMMITTEE.

 

SUPERVISOR DODD REPORTED ON LAST WEEK’S NAPA COUNTY TRANSPORTATION PLANNING AGENCY (NCTPA) MEETING.  HE STATED THAT THE AGENCY IS MOVING CLOSER TO A FINAL DRAFT OF THE TRANSPORTATION SALES TAX PROPOSAL.  

 

SUPERVISOR WAGENKNECHT REPORTED THAT TODAY IS THE FIRST “SPARE THE AIR” DAY.  TRANSIT IS FREE TODAY IN THE BAY AREA WHICH INCLUDES NAPA.

 

 

 

11.       Continued.

HE ALSO REPORTED THAT THE AIR BOARD VOTED ON A FLARE RULE AT THEIR LAST MEETING.   HE STATED THAT FLARES ARE USED AT REFINERIES AND THE AIR BOARD VOTED ON A RULE THAT REGULATES THE USE OF FLARES.

 

SUPERVISOR LUCE REPORTED ON HIS ATTENDANCE AT THE ASSOCIATION OF BAY AREA GOVERNMENTS’ (ABAG) EXECUTIVE COMMITTEE MEETING ON

JULY 25, 2005.  HE VOLUNTEERED TO PARTICIPATE ON THE SUB-COMMITTEE ON HOMELESSNESS IN THE BAY AREA.  

 

CHAIR DILLON REPORTED ON HER ATTENDANCE AT THE COMMISSION ON AGING MEETING ON JULY 25, 2005.   SHE AND SUPERVISOR WAGENKNECHT ALSO ATTENDED THE BRANDING PRESENTATION BY DUANE KNAPP AT THE LINCOLN THEATRE IN YOUNTVILLE.

 

SUPERVISOR MOSKOWITE STATED THAT HE KNEW OF A CITIZEN FROM AMERICAN CANYON WHO IS INTERESTED IN SERVING ON THE COMMISSION ON AGING REPRESENTING THE FIFTH SUPERVISORAL DISTRICT.

 

SUPERVISOR DODD REPORTED ON HIS ATTENDANCE AT THE FIRST AIRPORT INDUSTRIAL AREA SUBCOMMITTEE MEETING WITH SUPERVISOR MOSKOWITE AND OTHER STAFF FROM THE CITY OF NAPA AND AMERICAN CANYON.  THE PURPOSE OF THE MEETING WAS TO REVIEW CURRENT DEVELOPMENTS IN SOUTH COUNTY.

 

12.       Board of Supervisors' Future Agenda Items.

CHAIR DILLON REQUESTED THAT A DISCUSSION OF THE REGULATIONS PURSUANT TO AB885 BE AGENDIZED FOR THE NEXT MEETING ON AUGUST 2, 2005.

 

13.       County Executive Officer Reports and Announcements.

            NONE

 

14A.    Closed Session

                        A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section                  54957)

                        Title: Director of Conservation, Development and Planning

            CLOSED SESSION HELD – NO REPORTABLE ACTION       

 

14B.                 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government                                  Code Section 54956.9(a))

                        Name of case: Pedro Jaramillo et. al. vs. County of Napa et. al. (US District Court Case

                        No. C 04 1740 BZ) 

            CLOSED SESSION HELD – NO REPORTABLE ACTION


 

Adjournment

            ADJOURN TO BOARD OF SUPERVISORS’ MEETING, TUESDAY, AUGUST 2, 2005 AT             9:00 A.M.

 

                                                                       

____________________________________

BILL DODD, Chairperson

 

 

 

ATTEST:         ____________________________________

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