1

MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

July 19, 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, AND MARK LUCE. SUPERVISOR BRAD WAGENKNECHT WAS EXCUSED. THE MEETING WAS CALLED TO ORDER BY CHAIR DILLON AT 9:02 A.M.

2. Pledge of Allegiance.

ALICE HUGHEY, CHIEF FISCAL OFFICER, HEALTH AND HUMAN SERVICES AGENCY, LED THE SALUE TO THE FLAG.

Presentations and Commendations.

3A. Presentation of Retirement Resolution No. 05-109 to Frances Houser, Literacy and Volunteer Services Supervisor, in recognition of over 19 years of service.

PRESENTATION MADE

3B. Presentation of Retirement Resolution No. 05-110 to Myra Gillette, Senior Account Clerk, in recognition of 25 years of service.

PRESENTATION MADE

3C. Agricultural Commissioner requests the Chair proclaim the week of July 18 - July

24, 2005 as "Invasive Weed Awareness Week".

PRESENTATION MADE

4. Public Comment.

NONE

5. Department Heads' Reports and Announcements.

MARCIA K. HULL, TREASURER-TAX COLLECTOR, ANNOUNCED THAT THE UNSECURED TAX BILLS WILL BE MAILED JULY 20, 2005. THIS YEAR THE STATEMENTS CONTAIN A MESSAGE WHICH ADVISES THAT TAXES MAY BE PAID EITHER ONLINE OR BY A 1-800 PHONE NUMBER.

HILLARY GITELMAN, DIRECTOR, CONSERVATION, DEVELOPMENT PLANNING AND PLANNING, PRESENTED A HANDOUT WHICH WAS CREATED TO ADDRESS ON-GOING QUESTIONS POSED TO THE DEPARTMENT ABOUT USE PERMITS AND HOW THE COUNTY MONITORS CAPACITIES AT WINERIES. THE PLANNING DEPARTMENT ALONG WITH WINE INDUSTRY REPRESENTATIVES COLLABORATED ON CREATION OF THIS HANDOUT.

Consent Calendar

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

sign the following amendments with Progress Foundation, Inc.:

1. Amendment No. 2 to Agreement No. 2156 incorporating agency-wide changes to the

General Terms and Conditions, decreasing the amount by $26,965 for a

new maximum of $468,483, and revising the contractor's budget for the operation

of transitional residential programs at Laurel and Randolph Houses; and

A-2156

(AMEND. 2)

2. Amendment No. 2 to Agreement No. 4838 incorporating agency-wide changes

to the General Terms and Conditions, increasing the amount by $71,956 for a new

maximum of $675,017, and revising the contractor's budget for the operation of

Progress Place, a crisis residential program. A-4838

(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. 2939 with J. Richard

Geisler, Ph.D., incorporating agency-wide changes to the General Terms and

Conditions and increasing the amount by $4,310 for a new maximum of $18,000

to provide conservatorship investigation services to clients of the Behavioral Health Program.

A-2939

(AMEND. 2)

6C. Director of Health and Human Services requests approval of the recommendation

of the Interim Alcohol and Drug Administrator to certify Alternatives for Better Living, Inc.

as a Penal Code 1000 provider.

6D. Director of Environmental Management requests approval of and authorization

for the Chair to sign an agreement with the City of Calistoga for the term July 17,

2005 through June 30, 2006, with an automatic annual renewal provision, for the

County to provide inspection services related to illicit discharge detection and

elimination components of Phase II National Pollutant Discharge Elimination

System (NPDES) Municipal Stormwater General Permits. A-6484

6E. Director of Environmental Management requests the following:

1. Adoption of a resolution authorizing the County to submit grant applications to the

California Integrated Waste Management Board for all available grants under

the California Oil Recycling Enhancement Act and all available Household

Hazardous Waste grants for the period June 30, 2005 to June 30, 2010; R-05-120

2. Authorize the Director of Environmental Management, or his/her designee, to

execute in the name of the County of Napa all grant documents necessary to

secure grant funds and implement the approved grant project.

6F. Director of Public Works requests adoption of a resolution summarily vacating a

portion of North Fork Crystal Springs Road. R-05-121

6G. 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 Notices of

Completion with the Clerk/Recorder for the following projects:

1. Contract No. RDS 04-11, “Cuttings Wharf Class II Bike Lane Project";

2. Contract No. RDS 04-05, "Cuttings Wharf Class II Bike Lane Completion Project";

3. Contract No. RDS 05-07, "Cuttings Wharf Class II Bike Lane Segment 3 Project".

6H. Director of Public Works/Aviation requests the following actions relating to the

5-year Airport Capital Improvement Program:

1. Award of the contract for the "Napa County Airport Apron Rehabilitation Phase I and

Taxiway Development Area Project,” PW 05-01, to Ghilotti Bros., Inc. of San Rafael,

California, for their low base bid of $2,258,448 and authorization for the Chair to sign

the construction contract; and

2. Approval of Budget Transfer No. 2 appropriating $585,156 in the Airport Capital

Improvement budget with offsetting revenues from the Federal Aviation

Administration (FAA), State and the Airport Enterprise Fund for Apron

Rehabilitation and the Taxiway Development Area Project at the Napa County

Airport. (4/5 vote required) BT-2

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

Departmental Allocation List for the Payroll and Accounts Payable division of

the Auditor-Controller Department with regards to adding one (1) (MC)

Accountant-Auditor Manager, effective July 19, 2005. R-05-122

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

Departmental Allocation List with regard to the following actions in the Public

Health Division of the Health and Human Services Agency, effective July 19,

2005:

1. Delete one (1) .5 FTE Limited Term Communicable Disease Investigator and

add one (1) Communicable Disease Investigator;

2. Delete one (1) resulting vacancy as result of filling Communicable Disease

Investigator position through a department promotion; and

3. Delete one (1) Staff Services Manager and add one (1) Program Manager I.

R-05-123

6K. County Executive Officer requests approval of and authorization for the Chair to

sign an agreement with Delta Dental for the term March 1, 2005 through June 30, 2006 for a self- insured employee dental plan. A-6485

7. Discussion of Items Removed from the Consent Calendar.

NONE

APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6K

BD-ML-HM-BW-DD

Set Matters or Public Hearings

8A. 9:00 a.m. County Executive Officer requests adoption of a resolution establishing front loader

compactor rates for the collection of solid waste, recyclable material, and green waste for the Unincorporated Area of Garbage Zone One, effective October 1, 2005. R-05-124

PUBLIC HEARING HELD – NO TESTIMONY PRESENTED

ADOPTED RESOLUTION BD-ML-HM-BW-DD

8B. 9:05 a.m. County Executive Officer requests the Board hold a public hearing and, at the close of the hearing, grant a taxicab permit to the following applicant:

Name Application Type

Matthew C. Craig Driver

PUBLIC HEARING HELD – NO TESTIMONY PRESENTED

APPROVED BD-ML-HM-BW-DD

8C. 9:30 a.m. - Recess to the Board of Equalization

8D. 10:30 a.m. - Presentation and project report by staff of the San Francisco Bay Regional Water Quality Control Board (RWQCB) regarding Total Maximum Daily Load (TMDL) Technical Reports addressing sediment and pathogens in the Napa River Basin and possible direction to County staff regarding preparation of County comments.

REPORT GIVEN – ITEM CONTINUED TO SEPTMBER 13, 2005 AT 10:45 AM FOR THE BOARD TO REVIEW A DRAFT RESPONSE LETTER.

8E. 11:30 a.m. Consideration and possible actions regarding applicant’s (William Hill Napa, Inc.)

request for a partial cancellation of existing Williamson Act contract number 95255-AGK, rescission of the remaining portion of contract 95255-AGK (APN 039-190-048), recission of contract number 95256-AGK (APN 039-190-049) in its entirety; and execution of a new Williamson Act contract for the subject property with the exception of a one-acre home site. Actions include:

1. Findings pursuant to Government Code Section 51282;

2. Determination and certification to the Auditor the amount of the cancellation fee

that the landowner shall pay upon cancellation; and

8E. Continued.

3. Approval of the tentative cancellation of Type H Agricultural Preserve Contract

No. 95255-AGK (originally 93284-AGK) for a 1-acre adjusted parcel;

If the tentative cancellation is approved and conditions are met by the applicant,

the following actions will be scheduled for Board consideration on the same day,

July 19, 2005, at 2:30 p.m.: approval of a final certificate of cancellation, approval

for rescission of two Williamson Act contracts to be replaced by

one new Williamson Act contract and adoption of a resolution establishing the

new Williamson Act Preserve and contract. R-05-125

PUBLIC HEARING HELD – TESTIMONY PRESENTED

1. APPROVED FINDINGS MADE PURSUANT TO GOVERNMENT CODE SECTION 51282

BD-ML-HW-BW-DD

2. APPROVED ASSESSOR’S DETERMINATION OF THE CANCELLATION VALUATION AND CERTIFIED THE AMOUNT TO BE PAID

BD-ML-HW-BW-DD

3. APPROVED TENTATIVE CANCELLATION OF TYPE H AGRICULTURAL PRESERVE CONTRACT NO. 95255-AGK

ML-HM-BD-BW-DD

8F. 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 MEETING MINUTES)

8G. 2:30 p.m. Consideration and possible actions regarding applicant’s (William Hill Napa, Inc.)

request for a partial cancellation of an existing Williamson Act contract number 95255-

AGK, rescission of the remaining portion of Williamson Act contract 95255-AGK

(APN 039-190- 048), rescission of contract number 95256-AGK (APN 039-190-049) in its

entirety and execution of one new Williamson Act contract for the proposed 26.6 acre parcel.

Actions include:

1. Approval of a final certificate of cancellation;

2. Approval for rescission of two Williamson Act contracts;

3. Approval of one new Williamson Act contract; and

4. Adoption of a resolution establishing the new Williamson Act Preserve and contract.

R-05-125

PUBLIC HEARING HELD – NO TESTIMONY PRESENTED

APPROVED ITEM 8G #1-4 BD-HM-ML-BW-DD

Administrative Items

9A. County Executive Officer requests discussion and possible action on the

following recommendations related to the use of Tobacco Master Settlement

Agreement Funds:

1. Approval to allocate $750,000 for Fiscal Year 2005-2006 for physical, mental,

and drug and alcohol programs and facilities which provide inpatient and

outpatient services, including related prevention and education programs, based

on specific minimum qualifications, operating standards and funding selection

standards as set forth in the Fiscal Year 2005-2006 Tobacco Master Settlement

Agreement Funding Process and the Fiscal Year 2005-2006 Funding Guidelines;

2. Approval for staff to begin a review of the Tobacco Master Settlement

Agreement distribution process for Fiscal Year 2006-2007 and beyond utilizing a

wide range of information related to funding priorities in the Health and Human

Services area including Board direction and priorities, needs assessments, and

community input; and

3. Recommendation to the Children's Health Initiative to consider applying for

Tobacco Master Settlement Agreement Funds.

DISCUSSION HELD

APPROVED ML-BD-HM-BW-DD

10. Legislative Items.

(SEE ITEM 12)

11. Board of Supervisors' Committee Reports and Announcements.

NONE

12. Board of Supervisors' Future Agenda Items.

CHAIR DILLON AND SUPERVISOR LUCE REQUESTED THAT DISCUSSION OF THE IMPACTS OF AB1665 (LAIRD BILL), PARTICULARLY AS IT RELATES TO THE FLOOD CONTROL DISTRICT, NEEDED TO GO DIRECTLY TO THE BOARD AND NOT THROUGH THE LEGISLATIVE COMMITTEE.

13. County Executive Officer Reports and Announcements.

NANCY WATT, COUNTY EXECUTIVE OFFICE, ADVISED THAT THE COUNTY CODE WAS REVIEWED WITH REGARD TO TAXI CAB PERMITS. THE CODE DOES NOT ADDRESS ANY MINIMUM OR MAXIMUM LIMITS IN TERMS OF LICENSES. (SEE ITEM 8B)

14. Closed Session.

A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)

Property: The property known as

Skyline Park and certain adjacent areas of open space located within all or

portions of the following Assessor's Parcel Numbers: 046-450-041,

046-450-042, 046-380-001, 046-390-001, 045-350-002 and 045-360-001

Agency Negotiator: Robert Peterson and Michael Stoltz, Public Works

Department

Negotiating Parties: State of California Under Negotiation:

Price and terms of payment

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 HELD – NO REPORTABLE ACTION

Adjournment

ADJOURN TO BOARD OF SUPERVISORS’ MEETING, TUESDAY, JULY 26, 2005 AT 9:00 A.M.

____________________________________

BILL DODD, 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