1

MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

May 10, 2005

1. Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION ON TUESDAY, MAY 10, 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 9:01 A.M.

2. Pledge of Allegiance.

KATE DARGAN, FIRE MARSHAL, LED THE SALUTE TO THE FLAG.

Presentations and Commendations

3A. Presentation of a proclamation declaring May 9-16, 2005 as Wildfire Awareness Week.

PRESENTATION MADE

3B. Presentation of a proclamation declaring May 15-21, 2005 as Emergency Medical Services Week in Napa County.

PRESENTATION MADE

3C. Presentation of a proclamation declaring May 14, 2005 as National Association of Letter

Carriers Food Drive Day.

PRESENTATION MADE

4. Public Comment.

JARVIS PEAY SPOKE REGARDING AN INCIDENT HE HAD WITH A DEPUTY SHERIFF WHOM HE STATED THREATENED HIS LIFE. MR. PEAY STATED THAT HE PROVIDED EACH OF THE BOARD MEMBERS WITH A COPY OF THE POLICE REPORT ASSOCIATED WITH THE INCIDENT AND STATED HE FELT THE BEHAVIOR OF THE OFFICER WAS UNACCEPTABLE.

5. Department Heads' Reports and Announcements.

NONE

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. 4596 with Your Home Nursing Services, Inc.,

incorporating agency-wide changes to the General Terms and Conditions and revising the rate

structure for payment for in-home protective services to dependent adults for Fiscal Year

2005-2006. A-4596

(AMEND. 2)

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

sign Amendment No. 2 to Agreement No. 4888 with Napa Valley First Impressions, Inc.,

incorporating agency-wide changes to the General Terms and Conditions and decreasing the

amount by $573 for a new maximum of $25,313 to provide career clothing to CalWORKs clients.

A-4888

(AMEND. 2)

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

sign Amendment No. 1 to Agreement No. 4924 with Alternatives for Better Living, Inc.,

incorporating agency-wide changes to the General Terms and Conditions, revising the Scope of

Work to include a higher level of treatment services, adding required funding source language, increasing the amount by $25,000 for a new maximum of $55,000 for Fiscal Year 2004-2005, and

establishing a maximum of $100,000 for Fiscal Year 2005-2006 to provide services under the

Substance Abuse Treatment Options Program (STOP). A-4924

(AMEND. 1)

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

sign Amendment No. 1 to Agreement No. 6294 with Aldea, Inc., incorporating agency-wide

changes to the General Terms and Conditions, revising the Scope of Work to include language

allowing for the automatic amendment of Drug Medi-Cal rates, decreasing the amount by $14,278

for a new maximum of $26,422 for Fiscal Year 2004-2005, and decreasing the amount by $10,825

for a new maximum of $15,597 for Fiscal Year 2005-2006 to provide substance abuse services for

youth. A-6294

(AMEND. 1)

6E. Agricultural Commissioner/Sealer of Weights and Measures requests approval of and

authorization for the Chair to sign renewals of the following agreements with the California

Department of Food and Agriculture (CDFA) and the United States Department of Agriculture (USDA) to perform services for the term July 1, 2005 through June 30, 2006:

1. Agreement No. 3547 for reimbursement of county expenditures for weighmaster audits with revenue not to exceed $4,650; A-3547

2. Agreement No. 2683 for reimbursement of county expenditures for performance of inspections and sampling of petroleum products with revenue not to exceed $2,325; and A-2683

6E. Continued

3. Agreement No. 2036 for payment not to exceed $65,250 for wildlife management services provided by USDA. A-2036

6F. Director of Conservation, Development and Planning requests approval of and authorization for

the Chair to sign Amendment No. 5 to Agreement No. 4797 with EDAW, Inc. increasing the

amount by $11,209 for a new maximum of $409,437 for preparation of the California

Environmental Quality Act document for Erosion Control Plan Application #99323 (Robert

Mondavi Properties at Suscol Springs Vineyard Project). A-4797

(AMEND. 5)

6G. Director of Conservation, Development and Planning requests approval of and authorization for

the Chair to sign Amendment No. 2 to Agreement No. 6184 with EDAW, Inc. increasing the

amount by $41,450 for a new maximum of $238,041 for the term May 10, 2005 through

September 30, 2005 for preparation of the California Environmental Quality Act document for Rodgers Property Vineyard Project Erosion Control Plan Application #02454. (Assessor's Parcel

Nos. 030-220-002, 030-130-008,030-120-009, and 030-220-001) A-6184

(AMEND. 2)

6H. Director of Conservation, Development and Planning requests approval of and authorization for

the Chair to sign Amendment No. 1 to Agreement No. 6345 with Moore Iacofano Goltsman, Inc.

(MIG) increasing the amount by $17,300 for a new maximum of $49,520 for continued professional assistance with ongoing maintenance, development and support of the Watershed

Information Center & Conservancy's (WICC) online WebCenter. A-6345

(AMEND. 1)

6I. Director of Public Works requests approval of and authorization for the Chair to sign Amendment

No. 1 to Lease Agreement No. 4883 with Mosher Properties extending the term through

June 30, 2007 for leased warehouse space in Napa for storage of County equipment.

A-4883

(AMEND. 1)

6J. Director of Public Works requests approval of plans and specifications for the "Criminal Courts

Building Boiler Cover Project,” PW 03-16, 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.

6K. 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. RDS 04-06, “Devlin Road Extension Project.”

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 03-18, “Library HVAC Equipment Replacement Project.”

6M. County Counsel and the Napa Valley Housing Authority request approval of and authorization for

the Chair to sign an agreement with Kristin Lowell, Inc. for a maximum of $5,700 for the term

May 10, 2005 through August 31, 2005 to prepare the Engineer's Report required for the levy

of assessments pertaining to Napa County Service Area No. 4 (CSA No. 4) for Fiscal Year

2005-2006. A-6432

6N. Human Resources Director requests approval of and authorization for the Chair to sign

Amendment No. 5 to Agreement No. 4527 with Job Care Medical Services Program of

St. Helena Hospital and Health Center extending the term through June 30, 2006 and increasing certain rates for physical examination services. A-4527

(AMEND. 5)

SUPERVISOR LUCE RECUSED HIMSELF FROM THIS ITEM DUE TO A CONFLICT OF INTEREST.

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

Allocation List for the Juvenile Hall Division of the Probation Department deleting one (1)

Cook II and one (.5) Cook II and adding one (1) Cook I and one (.5) Cook I, effective

May 21, 2005. R-05-74

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

Allocation List in the Agricultural Commissioner's Department to extend the June 30, 2005,

expiration date of four (4) Limited Term Agricultural and Standards Service Worker II positions to

June 30, 2007, for the continued implementation of the County's Glassy-winged Sharpshooter

Workplan. R-05-75

6Q. County Executive Officer recommends the appointment/reappointment of the following applicants

to the Juvenile Justice Coordinating Council with the term of office to commence immediately and

expire December 31, 2007.

Public Member Representing

Felix Ayala Bedolla* Community-Based Drug & Alcohol Treatment Program

Barbara Nemko* County Office of Education or School District

Carla Dal Porto* Parent of At-Risk Youth from the Community At Large

Tammy Leona Rogers Community At Large

*Incumbents

6R. Approve minutes of the meeting held March 15, 2005.

7. Discussion of items removed from the Consent Calendar.

NONE

APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6R, AS NOTATED ABOVE.

BW-BD-HM-ML-DD

Set Matters or Public Hearings

8A. 9:00 a.m. Recess to the Silverado Community Services District special meeting.

SEE SILVERADO COMMUNITY SERVICES DISTRICT MINUTES.

8B. 9:20 a.m. Presentation by Agricultural Commissioner/Sealer of Weights and Measures of the

Annual Crop Report for 2004.

REPORT PRESENTED

8C. 9:30 a.m. Discussion and possible action to direct staff to prepare an ordinance recognizing

weddings as "activities for the education and development of consumers" per General Plan Policy

3.11, Processing of Agricultural Products, and allowing weddings at wineries when a use permit is

obtained. (Supervisor Luce)

SUPERVISOR LUCE MOTIONED (AND SUPERVISOR MOSKOWITE SECONDED) TO DIRECT STAFF TO MAKE THIS ITEM A HIGH PRIORITY AND TO PREPARE THE ORDINANCE AS DIRECTED.

AFTER FURTHER DISCUSSION, SUPERVISOR LUCE WITHDREW HIS MOTION AND THE BOARD APPROVED TO CONTINUE THE ITEM TO JUNE 21, 2005

AT 11:00 A.M.

ML-BD-HM-BW-DD

8D. 10:00 a.m. County Counsel requests the following:

1. Second reading and adoption of 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.

ADOPTED ORDINANCE BW-BD-HM-ML-DD O-1261

2. Adoption of a resolution establishing the form of the Indemnification Agreement to be executed by applicants as a condition of accepting and processing applications for discretionary land use approvals.

ADOPTED RESOLUTION BW-BD-HM-ML-DD R-05-76

8E. 3:30 p.m. Recess to Juvenile Justice Center Dedication Ceremony at 212 Walnut Street, Napa,

California.

DEDICATION CEREMONY HELD

Administrative Items

9A. County Executive Officer requests the following appointments/reappointment of applicants from

each of the following categories to the Advisory Board on Alcohol and Drug Programs with terms to commence immediately and expire as indicated.

Law Enforcement, Term Expires 01-01-08

Terry Gonsalves*

Recovering Community, Term Expires 01-01-08 (One Position)

John Apodoca

Lisa Clark

Robert J. Howard**

Probation, Term Expires 01-01-08

Carla Maus*

Business Community, Term Expires 01-01-07

Lisa O'Brien*

* New applicant recommended by the Advisory Board

** Incumbent and recommended by the Advisory Board

THE BOARD REAPPOINTED ROBERT J. HOWARD TO THE RECOVERING COMMUNITY CATEGORY.

THE BOARD APPOINTED TERRY GONSALVES TO THE LAW ENFORCEMENT CATEGORY, CARLA MAUS TO THE PROBATION CATEGORY, AND LISA O’BRIEN TO THE BUSINESS COMMUNITY CATEGORY.

BW-BD-HM-ML-DD

9B. County Executive Officer requests adoption of a resolution authorizing the formation of the

General Plan Update Steering Committee, adoption of its bylaws, and direction to solicit

applications for membership on this Committee.

ADOPTED RESOLUTION BW-BD-HM-ML-DD R-05-77

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.)

ITEM NOT DISCUSSED

11. Board of Supervisors' Committee Reports and Announcements.

SUPERVISOR WAGENKNECHT REPORTED THAT THE PARKS AND OPEN SPACE COMMITTEE HAD A MEETING ON MAY 9, 2005 AND THEY WOULD LIKE TO PROVIDE THE BOARD A REPORT ON JUNE 7, 2005.

CHAIR DILLON REPORTED SHE AND SUPERVISOR LUCE ATTENDED THE Watershed Information Center and Conservancy of Napa County’s (WICC) board RETREAT held MAY 9, 2005 AND STATED THE WICC BOARD UPDATED THEIR STRATEGIC PLAN.

Supervisor luce ALSO reported ON THE WICC BOARD RETREAT AND STATED JEFF SHARP, PLANNER III, AND OTHER COUNTY STAFF HAVE CREATED A WEBSITE FOR WATERSHED PROJECT MANAGEMENT THAT CONTAINS INFORMATION SPECIFIC TO WATERSHED PROJECTS. HE STATED HE FELT THE COUNTY NEEDED TO BE BETTER CONNECTED WITH THE GENERAL PUBLIC INTERESTED IN OBTAINING BASIC WATERSHED INFORMATION AND COMMENTED THE WEBSITE COULD CONTAIN THIS TYPE OF DATA IN ADDITION TO PROJECT SPECIFIC INFORMATION. SUPERVISOR LUCE SAID THE ISSUE OF FUTURE FUNDING WAS ALSO DISCUSSED AT THE WICC BOARD RETREAT.

12. Board of Supervisors' Future Agenda Items.

SUPERVISOR DODD STATED APPROXIMATELY A YEAR AGO HE REQUESTED THAT A REVIEW AND ANALYSIS BE CONDUCTED OF THE MINISTERIAL APPROVAL PROCESS VERSUS THE DISCRETIONARY APPROVAL PROCESS OF EROSION CONTROL PLANS IN THE CONTEXT OF THE GENERAL PLAN REVIEW AND UPDATE PROCESS. HE REQUESTED AGAIN THAT THIS REVIEW AND ANALYSIS BE CONDUCTED.

13. County Executive Officer Reports and Announcements.

NANCY WATT, COUNTY EXECUTIVE OFFICER, REPORTED THAT NAPA COUNTY AND THE CITIES OF NAPA AND AMERICAN CANYON WILL RECEIVE AN AWARD FROM THE AMERICAN PLANNING ASSOCIATION FOR THE WORK DONE ON THE HOUSING MEMORANDUMS OF UNDERSTANDING AND SUBSEQUENT AGREEMENTS. SHE STATED THE AWARD WILL BE PRESENTED IN

SAN FRANCISCO ON MAY 20, 2005, AND THANKED THE CITY OF NAPA FOR THEIR WORK IN SUBMITTING THE INFORMATION FOR THE AWARD.

14. Closed Session.

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION

(Government Code Section 54957)

Title: County Executive Officer

CLOSED SESSION HELD – NO REPORTABLE ACTION

B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: (One case)

CLOSED SESSION NOT HELD

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

MAY 17, 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