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Board of Supervisors

October 15, 2024 ·9:00 AM Final

Board of Supervisors Chambers 1195 Third Street, Third Floor

Agenda — 96 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. 5 ON A MATTER ON THE AGENDA
  6. 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.
  7. 7 ON A MATTER NOT ON THE AGENDA
  8. 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.
  9. 9 page break
  10. 10 How to Watch or Listen to the Napa County Board of Supervisors Meetings
  11. 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:
  12. 1. Attend in-person at the Board of Supervisors Chambers, 1195 Third Street, Napa Suite 305.
  13. 2. Watch via YouTube at https://www.youtube.com/@NapaCounty/streams.
  14. 3. Watch online at https://napa.legistar.com/Calendar.aspx (click the “In Progress” link in the “Video” column).
  15. 4. Watch on Napa Valley TV Channel 28.
  16. 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).
  17. 6. To listen or watch in Spanish, please visit https://www.countyofnapa.org/3723/
  18. 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:
  19. 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.
  20. 20 page break
  21. 1. CALL TO ORDER; ROLL CALL
  22. 2. PLEDGE OF ALLEGIANCE ▶ jump to 0:19
  23. 3. PET OF THE WEEK ▶ jump to 7:02
  24. 4. APPROVAL OF PROCLAMATIONS AND COMMENDATIONS Adopted the Resolution Pass ▶ jump to 6:48
  25. A. Presentation of a Proclamation recognizing October 2024 as “Domestic Violence Awareness Month” in Napa County. (No Fiscal Impact) 24-1661 ▶ jump to 8:31
  26. 5. CONSENT CALENDAR - SPECIAL DISTRICTS Adopted the Resolution Pass ▶ jump to 13:56
  27. 27 Napa County Housing Authority
  28. A. Acceptance of donation report for quarter ending September 30, 2024. (Fiscal Impact $75,540 Revenue; Housing Authority Fund; Budgeted; Discretionary) 24-1677
  29. 29 Lake Berryessa Resort Improvement District
  30. B. Approve and authorize Amendment No. 2 to Agreement No. 230149B (LBRID) with GHD, Inc. for a new maximum of $468,877 for the Lift Station A - Sewer Collection Tank Replacement Project, LB 22-03R2. (Fiscal Impact: $229,089 Expense; Lake Berryessa Resort Improvement District Fund; Budgeted; Discretionary). 24-1632
  31. C. Award a Construction Contract to Fort Bragg Electric, Inc. for the Water Supply Intake Utility Building Project, LB 24-01. (Fiscal Impact: $228,623 Expense; Lake Berryessa Resort Improvement District Fund; Budgeted; Discretionary) 24-1686
  32. 6. CONSENT CALENDAR Adopted the Resolution Pass ▶ jump to 14:34
  33. 33 Agricultural Commissioner
  34. A. Approve and authorize Agreement No. 170682B with the California Department of Food & Agriculture for a maximum of $131,964 for reimbursement of expenditures associated with placing and inspecting traps for the detection of exotic pests. (Fiscal Impact: $131,964 Revenue; General Fund; Budgeted; Mandatory) 24-1753
  35. 35 page break
  36. 36 Clerk of the Board
  37. B. Approval of minutes from the September 24, 2024 regular meeting. (No Fiscal Impact) 24-933
  38. C. Appoint Ines Deluna to represent a Non-Profit, Community Based Organization Providing Services to At-Risk Minors on the Napa County Juvenile Justice Coordinating Council with term of office to commence immediately and expire on December 31, 2026. (No Fiscal Impact) 24-1718
  39. D. Appoint Marlena G. Garcia to represent Member Category “C” on the First 5 Napa County Children and Families Commission with term of office to commence immediately and expire on January 1, 2027. (No Fiscal Impact) 24-1727
  40. E. Reappoint Michael Silacci for a second term, representing Napa Valley Grapegrowers on the Napa County Housing Commission with term of office to commence immediately and expire on October 1, 2028. (No Fiscal Impact) 24-1729
  41. F. Approval of the 2025 Board of Supervisors meeting calendar. (No Fiscal Impact) 24-1730
  42. 42 County Fire Department
  43. G. Approve a Budget Amendment to increase the Fire Operations Capital Assets appropriation by $1,069,196 to purchase radios, waive competitive bidding requirements, and provide a sole source award to Motorola Solutions due to technical compatibility requirements. (Fiscal Impact: $1,069,196 Expense; Fire Fund; Not Budgeted; Discretionary) [4/5 vote required] 24-1703
  44. H. Approve a waiver of competitive bidding requirement and provide a sole source award to Golden State Fire Apparatus to purchase one Type VI Engine, due to technical compatibility requirements. (Fiscal Impact: $630,000 Expense; Fire Fund; Budgeted; Discretionary) 24-1766
  45. 45 page break
  46. 46 Health and Human Services Agency
  47. I. Approve and authorize Agreement No. 250184B with Expressions of Hope for a contract maximum of $398,796 upon approval through June 30, 2025, and each subsequent renewal, for the administration of the Family Urgent Response System. (Fiscal Impact: $398,796 Expense; Health and Human Services Agency Fund; Budgeted; Discretionary). 24-1607
  48. J. Approve and authorize Revenue Agreement No. 250154B with the California Department of Public Health for a contract maximum of $64,480 for Fiscal Years 2025-2029 for costs associated with the Human Immunodeficiency Virus Surveillance Program. (Fiscal Impact: $64,480 Revenue; Health and Human Services Agency Fund; Budgeted; Mandatory). 24-1610
  49. K. Approve and authorize Agreement No. 8681 with the California Department of Social Services for the term July 1, 2024 through June 30, 2027 for the purpose of establishing the responsibilities of the State and the County in the provision and receipt of certain services, including legal consultation and legal representation in administrative action appeals associated with the Resource Family Approval program. (No Fiscal Impact; Mandatory). 24-1648
  50. L. Approve and authorize Amendment No. 6 to Revenue Agreement No. 200130B with California Department of Public Health (Special Supplemental Nutrition Program for Women, Infants, and Children), to increase the contract maximum by $500,000 for a new contract maximum of $3,328,653 through September 30, 2025. (Fiscal Impact: $3,328,653 Revenue; Health and Human Services Agency Fund; Budgeted; Mandatory) 24-1650
  51. M. Adopt a Resolution approving the County’s Mental Health Services Act Fiscal Year 2024-2025 Annual Update to the Three-Year Plan for Fiscal Year 2023-2024 to Fiscal Year 2025-2026. (No Fiscal Impact) 24-1676
  52. N. Authorize the purchase of a capital asset; and approval of a Budget Amendment for an ice machine for the cafeteria located at South Campus for use by Winston’s Community Unity Project (CUP). (Fiscal Impact: $7,500 Expense, Health and Human Services Agency Fund; Not Budgeted; Discretionary) [4/5 vote required] 24-1692
  53. O. Approve and authorize Amendment No. 3 to Agreement No. 220003B for $920,190 and Amendment No. 3 to Agreement No. 220004B for $1,165,320 with Progress Foundation, Inc., for mental health services in Fiscal Year 2024-2025. (Fiscal Impact: $2,085,510 Expense; Health and Human Services Agency Fund; Budgeted; Mandatory). 24-1722
  54. 54 Human Resources – Division of CEO’s Office
  55. 54 page break
  56. P. Adopt a Resolution to amend the Departmental Allocation List for the Public Defender’s Office effective October 26, 2024, with no increase to full-time equivalents. (Fiscal Impact: $5,000 Expense; General Fund; Budgeted; Discretionary) 24-1667
  57. Q. Adopt a Resolution to amend the Table and Index of Classifications and the Departmental Allocation List for the Probation Department with no increase to full-time equivalents. (Fiscal Impact: $11,500 Expense; General Fund; Budgeted; Discretionary) 24-1685
  58. R. Adopt a Resolution to amend the Departmental Allocation List for the District Attorney’s Office by extending an existing Attorney I/II/III - Limited Term, through December 31, 2025, with no net increase in full-time equivalents. (No Fiscal Impact) 24-1787
  59. 58 Information Technology Services – Division of CEO’s Office
  60. S. Approve a Budget Amendment to increase appropriations in Information Technology Services for the purchase of a new Requests for Proposal Bid Solution Software and related Implementation costs. (Fiscal Impact: $83,165 Expense; General Fund; Not Budgeted; Discretionary) [4/5 Vote Required] 24-1684
  61. T. Approve and authorize Agreement No. 8682 with Personal Computing, Inc. dba Valley Internet for the pursuit of grant funding for broadband deployment projects. (No Fiscal Impact; Discretionary) 24-1691
  62. U. Approve and authorize Agreement No. 250209B with Infoverity U.S., Inc. for consulting services for a maximum of $100,000 for extended post Go-Live support related to the Master Data Management Solution for the term of October 15, 2024, through June 30, 2025. (Fiscal Impact: $100,000 Expense; Information Technology Services Fund; Budgeted; Discretionary) 24-1721
  63. V. Declare certain items of personal property as surplus and no longer required for public use; and approve and authorize the Purchasing Agent to dispose of these items of personal property by donating them to Computers for Classrooms. (No Fiscal Impact) 24-1736
  64. W. Authorize purchase of a capital asset for a Key Fill Device required for the encryption of the Communications radio system and approve a related Budget Amendment. (Fiscal Impact: $6,000 Expense; Not Budgeted; ITS Fund; Discretionary) [4/5 Vote Required] 24-1749
  65. 64 Probation
  66. 64 page break
  67. X. Approve and authorize grant funding and Agreement No. 250218B with the Office of Traffic Safety to provide intensive probation supervision for high-risk felony and repeat DUI offenders. (Fiscal Impact: $200,000 Revenue; General Fund; Budgeted; Discretionary) 24-1698
  68. 66 Public Works
  69. Y. Approve and authorize Lease Agreement No. 250204B with the City of American Canyon for the term October 1, 2024 through December 31, 2028 for an annual rental rate of $75,950, plus custodial, utilities and interior maintenance fees, with a 2% annual rent increase, to house Health and Human Services Agency staff, located at American Canyon City Hall, 4381 Broadway, Suites 101 and 108, American Canyon. (Fiscal Impact: $75,950 Expense; Health and Human Services Agency Fund, Budgeted; Discretionary) 24-1571
  70. Z. Approve and authorize two Certificates of Acceptance for additional right-of-way for Silverado Trail to accommodate a recently constructed left turn lane for the Sam Jasper Winery project. (No Fiscal Impact; Discretionary) 24-1627
  71. AA. Approve establishment of a change fund account for the Airport in the amount of $100. (No Fiscal Impact; Discretionary) 24-1680
  72. AB. Accept a donation in the amount of $1,200 from Redwood Credit Union to the Napa County Airport. (Fiscal Impact: $1,200 Revenue; Airport Operations; Not Budgeted; Discretionary) 24-1681
  73. AC. Approve the Plans & Specifications for the Jail Transition Project, PW 22-30 and authorize the Director of Public Works to advertise and open sealed bids, at a time, date, and location pursuant to Section 20150.8 of the Public Contract Code; and approve a Budget Amendment. (Fiscal Impact: $100,000, Expense; Capital Improvement Projects Fund; Not Budgeted; Discretionary) [4/5 vote required] 24-1750
  74. 7. PUBLIC COMMENT ▶ jump to 14:43
  75. 8. BOARD OF SUPERVISORS REPORTS AND ANNOUNCEMENTS ▶ jump to 15:34
  76. 9. DISCUSSION OF ITEMS PULLED FROM CONSENT CALENDARS ▶ jump to 21:03
  77. 10. ADMINISTRATIVE ITEMS - SPECIAL DISTRICTS ▶ jump to 21:04
  78. 76 page break
  79. 11. ADMINISTRATIVE ITEMS ▶ jump to 21:06
  80. 78 County Executive Office
  81. A. Adopt a Resolution declaring Napa County’s intention to renew the Napa Valley Tourism Improvement District for an additional ten years and fix the time and place of a public meeting and public hearing on the proposal; adopt a Resolution requesting that affected municipalities consent to the renewal; and receive a presentation from Visit Napa Valley. ($11,000,000 annual revenue; Napa Valley Tourism Improvement District; Budgeted; Mandatory) 24-1264 Adopted the Resolution Pass ▶ jump to 108:55
  82. 80 Public Works
  83. B. Receive a presentation regarding the possible use of a Project Labor Agreement on a future project. (Unknown Fiscal Impact; Discretionary) 24-1363 ▶ jump to 116:31
  84. 12. PUBLIC HEARING - SPECIAL DISTRICTS ▶ jump to 195:07
  85. 13. PUBLIC HEARINGS ▶ jump to 195:10
  86. 84 Planning, Building and Environmental Services (PBES)
  87. A. PUBLIC HEARING - Eva Pauly / Laketricity (DBA Dynamo Solar) Commercial Floating Solar Facility Use Permit, Zone Change, and Variance / Application Nos. P22-00340-UP, P23-00181-ZC, AND P23-00268-VAR Conduct a public hearing to consider the project and act on the Planning Commission’s recommendation on August 21, 2024 to: 1) Adopt an ordinance to rezone the developed portions of the project parcels (APN(s) 057-010-010 and 057-050-003) from the existing zoning district of Agricultural Watershed: Airport Compatibility (AW:AC) to Public Lands: Airport Compatibility (PL:AC); 2) Approve a Variance to allow construction of 42 transmission line towers at a height varying between 38.5-feet and 70-feet tall, whereby Napa County Code (“NCC”) Section 18.104.120 establishes a 35-foot height maximum; and 3) Approve a Use Permit, subject to Conditions of Approval, for construction of approximately 56-acres of floating solar panels (approximately 63,840 solar panels) on top of two of the Napa Sanitation District’s existing wastewater ponds to produce approximately 34.7 megawatts (MW) of direct current electricity, converted to 24.5 megawatts (MW) of alternating current electricity, construction of approximately 2-miles of electrical transmission lines, with portions constructed above and below ground, and construction of one 0.13-acre electrical substation located at the northern edge of the solar panels. The proposed project is located at 1515 Soscol Ferry Road, Napa and 200 Anderson Road, Napa - Accessor’s Parcel Numbers: 057-050-003-000, 057-010-010-000, 057-050-006-000, 057-010-038-000, 057-010-039-000, 046-400-016-000, 046-400-011-000, 046-400-057-00, and 046-400-004-000, the floating solar project parcels are 163.59-acres and 327.0-acres, the floating solar project site is approximately 1-mile southwest of the State Highway 29 and 221 interchange and the transmission lines will lead to an existing electrical substation approximately 0.35-miles northeast of the State Highway 29 and 221 interchange. (No Fiscal Impact) 24-1434 Adopted the Resolution Pass ▶ jump to 229:10
  88. B. PUBLIC HEARING 2:00 P.M. - William Cole Winery Appeal (Use Permit Major Modification No. P19-00101-MOD and Variance P19-00441-VAR) Conduct a public hearing to consider an appeal filed by Appellant Water Audit California (WAC or Appellant) concerning the Napa County Planning Commission’s decision on May 1, 2024, to approve the William Cole Winery Use Permit Major Modification 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). (CONTINUED FROM JULY 23, 2024) 24-1693 Adopted the Resolution Pass ▶ jump to 306:40
  89. 87 page break
  90. 14. CLOSED SESSION ▶ jump to 231:07
  91. A. Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9(d)(1))(2 Cases) Name of Case: Hoopes Vineyard LLC, Summit Lake Vineyards & Winery LLC, and Cook’s Flat Associates v. County of Napa; United States District Court, Northern District of California, Case No. 3:24-cv-6256 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 24-1767 ▶ jump to 231:08
  92. 15. ADJOURNMENT ▶ jump to 308:21
  93. 91 ADJOURNED IN HONOR OF JENNIFER MOROWIT TO THE BOARD OF SUPERVISORS REGULAR MEETING, TUESDAY, OCTOBER 29, 2024 AT 9:00 A.M.
  94. 92 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 FRIDAY, OCTOBER 11, 2024 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.
  95. 93 Neha Hoskins (By e-signature)
  96. 94 NEHA HOSKINS, Clerk of the Board