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Board of Supervisors

December 3, 2024 ·9:00 AM Final

Board of Supervisors Chambers 1195 Third Street, Third Floor

Agenda PDF 📹 Watch video Official record ↗

Agenda — 114 items

  1. 1 GENERAL INFORMATION
  2. 2 The Board of Supervisors meets as specified in its adopted annual calendar on Tuesdays at 9:00 A.M. in regular session at 1195 Third Street, Suite 310, Napa, California 94559. The meeting room is wheelchair accessible. Assistive listening devices and interpreters are available through the Clerk of the Board of the Napa County Board of Supervisors. Requests for disability related modifications or accommodations, aids or services may be made to the Clerk of the Board’s office no less than 72 hours prior to the meeting date by contacting (707) 253-4580.
  3. 3 DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
  4. 4 Levine Act Compliance: Effective January 1, 2023, the Levine Act (Government Code Section 84308) governs contributions in Board of Supervisor proceedings related to licenses, permits, or entitlements, as defined in the Act. Board members are prohibited from accepting contributions exceeding $250 from parties, their agents, or participants during such proceedings and for 12 months after a final decision. If a Board member received a contribution exceeding $250 within the past 12 months, disclosure is required on the record, and the member must not use their position to influence decisions. Parties and participants must disclose applicable contributions exceeding $250 on the record, providing the following: • Name of the party or participant and any other person making the contribution • The name of the recipient • The amount of the contribution; and • The date the contribution was made. This information does not constitute legal advice. Parties and participants are advised to consult their legal counsel for guidance on compliance.
  5. 4 page break
  6. 5 ON A MATTER ON THE AGENDA
  7. 6 Please proceed to the podium when the matter is called and, after receiving recognition from the Chair, give your name and your comments or questions. In order that all interested parties have an opportunity to speak, please be brief and limit your comments to the specific subject under discussion. Time limitations shall be at the discretion of the Chair or Board, but is generally limited to three minutes.
  8. 7 ON A MATTER NOT ON THE AGENDA
  9. 8 Public comment is an opportunity for members of the public to speak on items that are not on the agenda but are within the subject matter jurisdiction of Napa County and its related districts and agencies. Public comment is limited to three minutes per speaker, subject to the discretion of the Chair. Comments should be brief and focused, and speakers should be respectful of one another who may have different opinions. The Board is here to listen to everyone who wishes to address them, but everyone has the responsibility to act in a civil manner. Please remember this meeting is being recorded and broadcast on live television. The County will not tolerate profanity, hate speech, abusive language, or threats. Also, while public input is appreciated, the Brown Act prohibits the Board from taking any action today on matters raised during public comment.
  10. 9 page break
  11. 10 How to Watch or Listen to the Napa County Board of Supervisors Meetings
  12. 11 The Napa County Board of Supervisors will continue to meet pursuant to the annually adopted meeting calendar available at the following link: https://www.countyofnapa.org/1429/Board-of-Supervisors-Special-Districts-C The Board realizes that not all County residents have the same ways to stay engaged, so several alternatives are offered. Remote Zoom participation for members of the public is provided for convenience only. In the event that the Zoom connection malfunctions for any reason, the Board of Supervisors reserves the right to conduct the meeting without remote access. Please watch or listen to the Board of Supervisors meeting in one of the following ways:
  13. 11 page break
  14. 1. Attend in-person at the Board of Supervisors Chambers, 1195 Third Street, Napa Suite 305.
  15. 2. Watch via YouTube at https://www.youtube.com/@NapaCounty/streams.
  16. 3. Watch online at https://napa.legistar.com/Calendar.aspx (click the “In Progress” link in the “Video” column).
  17. 4. Watch on Napa Valley TV Channel 28.
  18. 5. Watch on Zoom via www.zoom.us/join (Meeting ID: 842-343-169) or listen on Zoom by calling 1-669-900-6833 (Meeting ID: 842-343-169).
  19. 6. To listen or watch in Spanish, please visit https://www.countyofnapa.org/3723/
  20. 18 If you are unable to attend the meeting in person and wish to submit a general public comment or a comment on a specific agenda item, please do the following:
  21. 19 1. Call the Board of Supervisors Public Comment Line at 707-299-1776 during the item on which you want to speak. Comments will be limited to three minutes, subject to the discretion of the Chair. If you cannot make the meeting, you may leave a comment by voice mail by calling the Public Comment Line before or after the meeting. 2. Email your comment to publiccomment@countyofnapa.org 24 hours in advance of the meeting to ensure that your comment will be shared with all members of the Board of Supervisors. For more information, please contact the Clerk of the Board's office at 707-253-4580 or email clerkoftheboard@countyofnapa.org.
  22. 20 page break
  23. 1. CALL TO ORDER; ROLL CALL
  24. 2. PLEDGE OF ALLEGIANCE ▶ jump to 3:01
  25. 3. PET OF THE WEEK ▶ jump to 3:37
  26. 4. APPROVAL OF PROCLAMATIONS AND COMMENDATIONS ▶ jump to 5:58
  27. A. Proclamation honoring Senator Bill Dodd, Senate District 3. (No Fiscal Impact) 24-1999 ▶ jump to 6:12
  28. B. Proclamation honoring American Canyon Mayor Leon Garcia for his years of service. (No Fiscal Impact) 24-2058 ▶ jump to 21:31
  29. 5. CONSENT CALENDAR - SPECIAL DISTRICTS ▶ jump to 34:00
  30. 28 Napa County Groundwater Sustainability Agency
  31. A. Authorize submittal of a comment letter authored by the NCGSA’s Groundwater Technical Advisory Group (TAG) to the State Water Board expressing concerns related to the State Water Resources Control Board’s Supply and Demand Assessment Unit and Paradigm Environmental, Inc.’s project to model surface water supply and demand in the Napa River Watershed. (No Fiscal Impact) 24-2014 ▶ jump to 54:31
  32. 6. CONSENT CALENDAR Approved the requested action as amended Pass ▶ jump to 39:25
  33. 31 Auditor-Controller
  34. A. Accept and instruct the Clerk of the Board to file the Napa Valley Tourism Improvement District (NVTID) Annual Report for Fiscal Year 2023-2024. (No Fiscal Impact; Discretionary) 24-1982
  35. B. Accept and instruct the Clerk of the Board to file the Annual Report in accordance with SB 165 for Fiscal Year 2023-24 on financial activity of Community Facilities District 2012-1 Milliken-Sarco-Tulocay (MST). (No Fiscal Impact; Mandatory) 24-1984
  36. 34 Clerk of the Board
  37. C. Approval of minutes from the November 12, 2024 regular meeting. (No Fiscal Impact) 24-937
  38. 36 page break
  39. D. Approval of recently amended conflict of interest codes for various local agencies. (No Fiscal Impact) 24-1776
  40. 38 Corrections
  41. E. Approve and authorize a Memorandum of Understanding (MOU) No. 8685 with the Napa Valley Unified School District Adult Education to provide educational services to the incarcerated population at the Napa County Jail. (No Fiscal Impact; Discretionary) 24-2025
  42. 40 County Counsel
  43. F. Adopt an Ordinance modifying Napa County Code Chapter 5.70 and adding Chapter 5.80 to reduce the waste and pollution caused by single-use plastic bags and eliminating the use of single-use plastic food ware in the County. (No Fiscal Impact; Discretionary) 24-2001
  44. 42 County Executive Office
  45. G. Consider and approve dissolution of the Board’s Legislative Subcommittee as a standing committee. (No Fiscal Impact) 24-1935 ▶ jump to 65:20
  46. 43 page break
  47. H. Approve and authorize out of state travel for Supervisor Anne Cottrell to attend the National Association of Counties (NACo) Annual Legislative Conference in Washington, D.C. from February 26-March 7, 2025. (Fiscal Impact: $3500; General Fund; Budgeted; Discretionary) 24-2041
  48. I. Approve and authorize allocation of Board of Supervisors’ funds for non-profit support and community engagement event in Supervisorial District 3 on December 5, 2024. (Fiscal Impact: $1,000 Expense; Budgeted; General Fund; Discretionary) 24-2042
  49. 46 page break
  50. J. Approve and authorize allocation of Board of Supervisors’ funds for non-profit support and community engagement event in Supervisorial District 1 on December 11, 2024. (Fiscal Impact: $1,000 Expense; Budgeted; General Fund; Discretionary) 24-2059
  51. 48 County Fire Department
  52. K. Approve and authorize Agreement No. 250257B with the City of Calistoga to provide emergency medical, rescue, and fire protection services in areas of Napa County where the City of Calistoga may provide enhanced response services. (Fiscal Impact: $150,000 annual savings; Fire Fund; Budgeted; Discretionary.) 24-1996
  53. L. Approve and authorize to declare Capital Asset No. 27219, a 2008 Chevrolet Van, as surplus and no longer required for public use, remove from inventory, and dispose of at public auction. (Fiscal Impact: estimated $2,000 Revenue; Fire Fund; Budgeted; Discretionary) [4/5 vote required] 24-2019
  54. 51 Elections
  55. M. Certify November 5, 2024 Election Results of Napa County/NVTA Measure U. (No Fiscal Impact) 24-2028
  56. 53 Health and Human Services Agency
  57. N. Approve and authorize Amendment No. 4 to Agreement No. 230135B with Mentis, Inc., to increase the contract maximum by $54,000 for a new contract maximum of $214,742 for three fiscal years, before reverting back to the previous contract maximum of $160,742, in order to allocate Behavioral Health Bridge Housing grant funds to incoming residents of their new housing unit. (Fiscal Impact: $214,742 Expense; Health and Human Services Agency Fund; Budgeted; Mandatory). 24-2018
  58. O. Adopt a Resolution to authorize Director of Health and Human Services Agency to execute the formal application and program documents related to the Behavioral Health Continuum Infrastructure Program (BHCIP) Round 1 (2024) Launch Ready Program pursuant to the Behavioral Health Infrastructure Bond Act of 2024. (Fiscal Impact: $22 Million revenue; Health and Human Services Agency Fund; Budgeted; Mandatory). 24-2057
  59. 56 Housing & Homeless Services – Division of CEO’s Office
  60. P. Adopt a Resolution to delegate program document and loan signing authority to the County Executive Officer or designee for program-related loan documents for the Mobile Home Repair Program. (Fiscal Impact- Discretionary) 24-1785
  61. Q. Adopt a Resolution authorizing an amendment to loan documents with Our Town St. Helena, waiving the application fee and loan modification fee and allow funds from an existing predevelopment loan to Our Town St. Helena to remain with the Project, remove obligation of the developer regarding the revised loan balance, and terminate the loan balance promissory note. (Fiscal Impact $68,828 Expense; Affordable Housing Fund; Budgeted; Discretionary.) 24-2010
  62. 59 Human Resources – Division of CEO’s Office
  63. R. Adopt a Resolution to amend the Departmental Allocation List for the University of California Cooperative Extension, effective December 7, 2024, with no increase to full-time equivalents. (Fiscal Impact: $44,600 Expense; General Fund; Budgeted; Discretionary) 24-1941
  64. 60 page break
  65. S. Adopt a Resolution to amend Napa County Policy Manual, Part I, Section 37C1-4 - Management Compensation Plan, effective December 3, 2024. (No Fiscal Impact) 24-1962
  66. T. Adopt a Resolution to amend the Departmental Allocation List for the Planning, Building, and Environmental Services (PBES) Department effective December 7, 2024, with a net increase of 1.0 full-time equivalent. (No Fiscal Impact; Discretionary) 24-1971
  67. 63 Planning, Building and Environmental Services (PBES)
  68. U. Approve and authorize Amendment No. 2 to Agreement No. 230266B with Mead & Hunt to support finalizing and adopting the update to the Airport Land Use Compatibility Plan. (Fiscal Impact: $40,000 Expense; Not Budgeted; General Fund; Discretionary). 24-1995
  69. 65 page break
  70. 66 Public Works
  71. 66 page break
  72. V. Approve and authorize creation of Capital Improvement Project 25015 for the “Upper Partrick Road Rehabilitation Project” PW 24-37; and approve a Budget Amendment in the amount of $1,000,000 for design and construction. (Fiscal Impact: $1,000,000 Expense; Capital Improvement Projects Fund (CIP); Not Budgeted; Discretionary) [4/5 vote required] 24-1894
  73. W. Approve and authorize Amendment No. 1 to Agreement No. 240278B with ADKO Engineering, increasing the not-to-exceed amount for work in Fiscal Year 2024-25 from $500,000 to $1,000,000 to provide technical and construction support services for various projects including the 2025 Minor Bridge Repairs Project. (Fiscal Impact: $500,000 Expense; Various Capital Improvement Project Funds; Budgeted; Discretionary) 24-1899
  74. X. Approve and authorize the disposal of 16 county surplus vehicles and one surplus piece of equipment and authorize the sale of these vehicles and equipment at auction. (Fiscal Impact: Increased Revenue; Fleet Fund - Roads Equipment Replacement and Replacement Vehicles; Not Budgeted; Discretionary) [4/5 vote required] 24-1913
  75. Y. Adopt a Resolution to authorize submission of a Program Supplement Agreement to Caltrans and related actions to secure and implement Federal Highway Bridge Program Funding to manage and design the Conn Valley Road Bridge over Conn Creek Project. (No Fiscal Impact; Discretionary) 24-1972
  76. Z. Approve a Budget Amendment for Fiscal Year 2024-25 Measure A - Unincorporated Sub-Division totaling $2,758,262 to reimburse Public Works Measure A funded projects. (Fiscal Impact: $2,758,262 Expense; Measure A - Unincorporated Fund; Not budgeted; Discretionary) [4/5 vote required] 24-1983
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  78. 72 page break
  79. AA. Approve and authorize Amendment No. 2 to Agreement No. 240326B with TLCD Architecture for $121,670 for a new maximum of $602,356 for additional architectural, engineering, and associated services in support of the “Crisis Stabilization Unit (CSU) - Children’s Services Expansion Project” PW 24-15. (Fiscal Impact: $121,670 Expense; Health and Human Services Fund; Budgeted; Discretionary) 24-1990
  80. AB. Authorization to close the Animal Shelter on Thursday, December 19, 2024, from 3:30 p.m. to 5:00 p.m. to hold an all-hands meeting and recognition of staff, volunteers and partners of the Napa County Animal Shelter. (No Fiscal Impact; Discretionary) 24-2008
  81. 75 Sheriff
  82. 75 page break
  83. AC. Adopt a Resolution approving and authorizing the Sheriff’s Office to apply for and accept a grant award from the Fiscal Year 2025-26 Boating Safety and Enforcement Financial Aid Program. (Fiscal Impact: $308,150 Revenue; General Fund; Budgeted; Discretionary) 24-1914
  84. 7. PUBLIC COMMENT ▶ jump to 39:37
  85. 77 page break
  86. 8. BOARD OF SUPERVISORS REPORTS AND ANNOUNCEMENTS ▶ jump to 43:30
  87. 9. DISCUSSION OF ITEMS PULLED FROM CONSENT CALENDARS ▶ jump to 46:46
  88. 79 page break
  89. 10. ADMINISTRATIVE ITEMS - SPECIAL DISTRICTS ▶ jump to 65:29
  90. 11. ADMINISTRATIVE ITEMS ▶ jump to 65:29
  91. 82 County Counsel
  92. A. Consideration and adoption of a Resolution of Findings of Fact and Decision on Appeal regarding an appeal filed by Appellant Water Audit California (Appellant or WAC) concerning the Napa County Planning Commission’s decision on May 1, 2024, to approve the William Cole Winery Use Permit Major Modification Application No. P19-00101-MOD and Variance P19-00441-VAR submitted by William and Jane Ballentine, William Ballentine Jr. and Jane Sorenson TR (Applicant or William Cole). (No Fiscal Impact) 24-1372 Adopted the Resolution Pass ▶ jump to 67:23
  93. 84 County Executive Office
  94. B. Approve the 2025 Napa County State and Federal Legislative & Regulatory Platform. (No Fiscal Impact) 24-1910 ▶ jump to 72:11
  95. C. Conduct a public meeting to allow public testimony on the renewal of the Napa Valley Tourism Improvement District (NVTID) and the levy of assessments on lodging businesses. (No Fiscal Impact) 24-1964 ▶ jump to 88:43
  96. 87 County Fire Department
  97. D. Receive a presentation on 2024 operations of the Napa County Fire Department, including Napa Communities Firewise Foundation on community Fire Safe Councils, Fire Administration, and FEMA grants. (No Fiscal Impact) 24-1656 ▶ jump to 130:00
  98. 12. PUBLIC HEARING - SPECIAL DISTRICTS ▶ jump to 206:53
  99. 13. PUBLIC HEARINGS ▶ jump to 209:30
  100. 91 Planning, Building and Environmental Services (PBES)
  101. A. PUBLIC HEARING - Hillwalker Vineyards Winery Appeal Open and move to continue the public hearing for an appeal filed (P24-00237-APL) by Water Audit California (Appellant) to the Napa County Planning Commission’s decision on August 21, 2024 to: 1) Adopt the revised Mitigated Negative Declaration; and 2) Approve Use Permit No. P23‐00101‐UP, Use Permit No. P23-00239-UP (an Exception to the Conservation Regulations), and an Exception to the Napa County Road and Street Standards (RSS) filed by Kevin Morrison (Applicant). (No Fiscal Impact; Mandatory) (APPELLANT, APPLICANT, AND STAFF REQUEST A CONTINUANCE TO FEBRUARY 25, 2025, AT 2:00 PM.) 24-1719 Adopted the Resolution Pass ▶ jump to 211:22
  102. 93 page break
  103. B. PUBLIC HEARING - Sentinel LLC/Inglenook Residence Appeal Move to continue the public hearing for an appeal filed by Water Audit California (Appellant) to the Napa County Planning Commission’s decision on November 15, 2023, to approve a Use Permit Exception to the Conservation Regulations (No. P22-00404-UP) filed by Adobe Associates, Inc. on behalf of Niebaum-Coppola Estate Winery LP (Applicant) to allow a private access road to encroach into the creek setback in order to serve existing agricultural structures and a potential future residence. (No Fiscal Impact) (CONTINUED FROM NOVEMBER 12, 2024. APPELLANT, APPLICANT, AND STAFF REQUEST A CONTINUANCE TO DECEMBER 17, 2024, AT 9:00 AM.) 24-2032 Adopted the Resolution Pass ▶ jump to 212:39
  104. C. PUBLIC HEARING 2:00 PM - Benjamin Ranch Appeal (P21-00151-APL) Conduct a public hearing to consider adoption of revised conditions of approval mutually agreed upon by Michael Honig/ Keep Rutherford Rural (Appellant) and Frank Family Vineyards, LLC, acquired by Treasury Wine Estates Americas Company (Applicant) to resolve the appeal filed by the Appellant concerning the Napa County Planning Commission’s approval of Benjamin Ranch Winery’s Use Permit Application No. P13-00371. (No Fiscal Impact; Mandatory) 24-1968 Adopted the Resolution Pass ▶ jump to 227:05
  105. 96 page break
  106. 14. CLOSED SESSION ▶ jump to 206:57
  107. A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957) Title: Director of Public Works 24-1950
  108. B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957) Title: Fire Administrator 24-1952
  109. C. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation (Government Code Section 54956.9(d)(1)) Name of Case: Napa County and the People of the State of California ex rel. Sheryl L. Bratton v. Hoopes Family Winery Partners, LP, Hoopes Vineyard, LLC, and Lindsay Blair Hoopes; Napa Superior Court Case No. 22CV001262 24-1988
  110. 15. ADJOURNMENT ▶ jump to 234:51
  111. 102 ADJOURN TO THE BOARD OF SUPERVISORS REGULAR MEETING, TUESDAY, DECEMBER 17, 2024 AT 9:00 A.M.
  112. 103 I HEREBY CERTIFY THAT THE AGENDA FOR THE ABOVE STATED MEETING WAS POSTED AT A LOCATION FREELY ACCESSIBLE TO MEMBERS OF THE PUBLIC AT THE NAPA COUNTY ADMINISTRATIVE BUILDING, 1195 THIRD STREET, NAPA, CALIFORNIA ON WEDNESDAY, NOVEMBER 27, BY 5:00 P.M. A HARDCOPY SIGNED VERSION OF THE CERTIFICATE IS ON FILE WITH THE CLERK OF THE BOARD OF SUPERVISORS AND AVAILABLE FOR PUBLIC INSPECTION.
  113. 104 Neha Hoskins (By e-signature)
  114. 105 NEHA HOSKINS, Clerk of the Board