MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

 

August 2, 2005

 

1.         Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION ON TUESDAY, AUGUST 2, 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 9:02 A.M.

 

2.         Pledge of Allegiance.

TRENT CAVE, DIRECTOR OF ENVIRONMENTAL MANAGEMENT, LED THE SALUTE TO THE FLAG.

 

Presentations and Commendations

 

3A.      Presentation of Retirement Resolution No. 05-126 to Trent Cave, Director of Environmental

            Management, in recognition of over 32 years of service.                                               

PRESENTATION MADE                                                                                        R-05-126

 

3B.       Presentation of Retirement Resolution No. 05-127 to Lance Heide, Public Works Superintendent,

            in recognition of over 35 years of service.                                                                     

PRESENTATION MADE                                                                                        R-05-127

 

4.         Public Comment.

            NONE

 

5.                  Department Heads' Reports and Announcements.

HILLARY GITELMAN,  DIRECTOR OF CONSERVATION, DEVELOPMENT AND PLANNING, CONGRATULATED AND THANKED THE BOARD ON THEIR APPOINTMENTS TO THE GENERAL PLAN STEERING COMMITTEE.  THE COMMITTEE HAS HELD ITS FIRST MEETING AND FEELS CONFIDENT THAT THEY ARE HEADED TOWARDS SUCCESS.  PETER MCCREA WAS ELECTED THE CHAIR AND THOMAS ANDREWS WAS ELECTED THE VICE-CHAIR.  THE NEXT MEETING WILL BE THE LAST WEEK  IN AUGUST.

 

ERNIE LOVELESS, NAPA COUNTY FIRE CHIEF, INTRODUCED TIM STREBLOW AS DEPUTY CHIEF FOR THE DEPARTMENT OF FORESTRY AND FIRE PROTECTION, SONOMA-LAKE-NAPA UNIT.  HE IS NOW IN CHARGE OF ALL THE OPERATIONS FOR THE UNIT FOR NAPA, SONOMA, LAKE, YOLO, COLUSA AND SOLANO COUNTIES.   CHIEF LOVELESS ALSO INTRODUCED TODD DURHAM AS THE NEW DIVISION CHIEF, SOUTH OPERATIONS.

 

TIM STREBLOW AND TODD DURHAM ADDRESSED THE BOARD AND THANKED THEM FOR THEIR SUPPORT.

 


Consent Calendar

 

6A.      Chief Probation Officer requests approval of and authorization for the Chair to sign Agreement

            No. 4802 with Isadora Asch for a maximum of $35,520 for the term August 2, 2005 through

            June 30, 2006 for Peer Court Services.                                                             A-4802

 

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

            sign the renewal of revenue Agreement No. 2390 with the California Department of Mental Health

            for a maximum of $207,000 for the term July 1, 2005 through June 30, 2006 for the Conditional

            Release Program (CONREP).                                                                                      A-2390

 

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

            sign an agreement with the U.S. Department of Housing and Urban Development (HUD) for a

            maximum of $19,950 for the term July 1, 2005 through June 30, 2006 for the Homeless

            Management Information System (HMIS).                                                                    A-6488

 

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

            sign an agreement with Embassy Suites Hotel Napa Valley for a maximum of $500 for the rental

            fee of a meeting room to conduct a bioterrorism training on August 15, 2005.    A-6489

 

6E.       Director of Health and Human Services requests approval of Version 6 of the HHSA contract

            General Terms and Conditions for automatic inclusion in Health and Human Services professional

            services agreements that provide for such automatic inclusion.               

 

6F.       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 05-09, "Napa County Historic Courthouse Painting Project.”

 

6G.      County Counsel requests approval of and authorization for the Chair to sign Amendment No. 2 to

            Agreement No. 4488 with Martha Romero establishing new rates to provide specialized legal

            services related to bankruptcy law.                                                                                A-4488

                                                                                                                                                (AMEND. 2)

 

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

            agreement with County Personnel Administrators Association of California (CPAAC) and TALX

            Corporation for the term May 1, 2005 through April 30, 2008 for unemployment claims

            administration services.                                                                                                 A-6490

 

6I.        Human Resources Director requests adoption of a resolution regarding the following in connection

            with the Environmental Management Department, effective August 6, 2005:

1.      Amend the Departmental Allocation List to add one (1) Acting Director of

Environmental Management;

 

                        2.  Amend the Table and Index to add Acting Director of Environmental Management; and

 

                        3.  Appoint Jill Pahl as Acting Director of Environmental Management. R-05-130


 

6J.        County Executive Officer requests the following appointments/reappointments to the Napa

            County Tobacco Advisory Board with terms to commence immediately and expire as indicated.

           

                        Terms to Expire January 31, 2006                                Representing

                        Yvonne Baginski                                                           Community Representative

                        Marti Palmer                                                                Health Care Organization

                        Carol Pierce                                                                 At Large Member

                        Todd Wiley                                                                  Community Representative

 

                        Terms to Expire January 31, 2007                                Representing

                        Sally Sheehan-Brown*                                                 Agency Concerned with Tobacco                                                                                                                     Related Diseases

                        Sandy Clarke*                                                             Agency Concerned with Tobacco                                                                                                                     Related Diseases

                        Emilie K. Furrer*                                                          Health Care Organization

                        Terry Gonsalves                                                           Agency Conerned with Substance                                                                                                                     Abuse/Addiction

                        Carole McLain                                                             At Large Member

                        Jeanne Title*                                                                Educational Institution

 

                        *Incumbents

 

6K.      County Executive Officer requests the following appointments/reappointments of applicants from

            each of the following categories to the Advisory Board on Alcohol and Drug Programs with the

            terms of office to commence immediately and expire as indicated.

           

                        Alcohol Industry, Term Expires January 1, 2007

                        Debra Blodgett*

 

                        Education, Term Expires January 1, 2008

                        Jeanne Title**

                                               

                        Interested Citizen (Two Positions),  One Term to Expire January 1, 2006 and One Term to                   Expire January 1, 2008

                        Lisa Clark*

                        Jon Emerick**

 

                        *Recommended by the Advisory Board

                        **Incumbent and recommended by the Advisory Board. The Advisory Board also                                recommends Jon Emerick to fill the term expiring January 1, 2008.

 

6L.       County Executive Officer requests the appointment of Christopher Thomas Bennett to

            serve on the State Council on Developmental Disabilities - Area 4 Board representing the

            category of a developmentally disabled person or parent or guardian with the term of office

            to commence immediately and expire December 31, 2008.


 

6M.      County Executive Officer/Director of Emergency Services requests adoption of a resolution

            adopting the National Incident Management System as the official regulatory guidance for

            emergency response, preparedness, mitigation, prevention and recovery in Napa County.

R-05-131

 

6N.      Second reading and adoption of an ordinance amending Napa County Code Chapter 2.24 relating

            to the 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, as

            authorized by Government Code Section 24011.  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

 

7.         Discussion of Items Removed from the Consent Calendar.

NONE

 

APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6N

                                                            BD-BW-ML-HM-DD

 

Set Matters or Public Hearings

 

8A.      9:00 a.m. Director of Public Works requests the following actions relating to County Service Area         No. 3 (CSA No. 3):

1.      Open Public Hearing to consider any objections or protests with respect to the  

Assessments for adoption in CSA No. 3, and tabulation of ballots from the landowners within the North Area Annexation;

PUBLIC HEARING OPENED – TESTIMONY PRESENTED

 

2.      Close Public Hearing and adopt a resolution authorizing and levying assessments for  

Fiscal Year 2005-2006;                                                                             R-05-132

PUBLIC HEARING CLOSED.

 

THE BOARD ADOPTED A RESOLUTION AS REVISED AUTHORIZING AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2005-2006.                                   

                                                BD-BW-ML-HM-DD

 

3.      Open Public Hearing to accept testimony on the Fiscal Year 2005-2006 budget, with a  

total appropriation of $284,502; and

PUBLIC HEARING OPENED – NO TESTIMONY PRESENTED

 

4.      Close Public Hearing and continue consideration to August 9, 2005 at 9:00 A.M. for

Final adoption.

PUBLIC HEARING CLOSED –  CONSIDERATION CONTINUED TO AUGUST 9, 2005 AT 9:00 A.M. FOR FINAL ADOPTION.

                                                           

8B.       9:00 a.m.  County Executive Officer requests the following actions relating to County Service     Area No. 4 (CSA No. 4):

1.      Open Public Hearing to consider any objections or protests with respect to the

assessments proposed for adoption in CSA No. 4;

PUBLIC HEARING OPENED – NO TESTIMONY PRESENTED

 

2.      Close Public Hearing and adopt a resolution authorizing and levying assessments for

Fiscal Year 2005-2006;                                                                             R-05-133

PUBLIC HEARING CLOSED

 

BOARD ADOPTED THE RESOLUTION AUTHORIZING AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2005-2006

                                                            BW-BD-ML-HM-DD

 

3.      Open Public Hearing to accept testimony on the Fiscal Year 2005-2006 budget, with a

Total appropriation of $441,880; and

PUBLIC HEARING OPENED – NO TESTIMONY PRESENTED

 

4.      Close Public Hearing and continue consideration to August 9, 2005 at 9:00 A.M. for

final adoption.

PUBLIC HEARING CLOSED – CONSIDERATION CONTINUED AUGUST 9, 2005 AT 9:00 A.M. FOR FINAL ADOPTION.

 

8C.      9:00 a.m.  Agricultural Commissioner/Sealer of Weights and Measures requests

            the following actions relating to the Napa County Winegrape Pest and Disease Control District

            (WP&DCD):

1.      Open Public Hearing to consider any objections or protests with respect to the

Assessments proposed for WP&DCD for Fiscal Year 2005-2006; and

PUBLIC HEARING OPENED – NO TESTIMONY PRESENTED

 

2.      Close Public Hearing and adopt a resolution authorizing and levying assessments for

Fiscal Year 2005-2006 on qualifying properties in the WP&DCD.              R-05-134

PUBLIC HEARING CLOSED

 

BOARD ADOPTED THE RESOLUTION AUTHORIZING AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2005-2006

                                                            BD-BW-ML-HM-DD

 

8D.      9:00 a.m.  Recess to the Lake Berryessa Resort Improvement District meeting.

            (SEE MINUTES OF LAKE BERRRYESSA RESORT IMPROVEMENT DISTRICT)

 

8E.       9:00 a.m.  Recess to the Napa Berryessa Resort Improvement District meeting.

            (SEE MINUTES OF NAPA BERRYESSA RESORT IMPROVEMENT DISTRICT)

 

8F.       9:00 a.m.  Recess to the Monticello Public Cemetery District meeting.

            (SEE MINUTES OF MONTICELLO PUBIC CEMETERY DISTRICT)

 

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

            (SEE MINUTES OF SILVERADO COMMUNITY SERVICES DISTRICT)  

 

8H.      9:30 a.m.  Public Hearing Consideration and possible action regarding an appeal filed by attorney          Bruce Ahnfeldt on behalf of his client, Gary Houck, of a decision by the Conservation,

            Development and Planning Commission on May 18, 2005 to deny Mr. Houck's Viewshed

            application request (No. P05-0005-VIEW) to construct a two-story 8,219 sq. ft. main residence,

            including a swimming pool, a covered pool cabana, yard and spa and an approximate 10,000 sq. ft.

            separate landscaped yard area including a bocce ball court with two small shade structures at

            either end, and a covered barbeque area and restroom. The main residence, yard area, and

            accessory structures and uses are proposed on the ridgeline and to the west of ridgeline of the site,

            south of Stags Leap, which can be viewed from Silverado Trail and State Highway 29, scenic

            roadway candidates identified in the Scenic Highways element of the Napa County General Plan

            [pp. 7-1] and Chapter 18.106 of the Napa County Code, Viewshed Protection Program. The

            project also includes improving and extending the existing private access drive from Soda Canyon

            Road to provide an all-weather surface to the project development areas and also includes a new

            septic system, water storage tanks and a 1,500 square foot horse barn.

           

The septic field, water tanks and horse barn are located on the east side of the ridgeline and would not be visible from Silverado  Trail. This project is within an AW (Agricultural Watershed) zoning district. (Assessor's Parcel No. 039-640-001) 2275 Soda Canyon Road, Napa. 

 

ENVIRONMENTAL DETERMINATION:     Mitigated Negative Declaration prepared. According to the Mitigated Negative Declaration, the proposed project would have, if mitigation measures are not included, potentially significant impacts in the following areas: aesthetics and biological resources.

THE BOARD ALLOWED ADDITIONAL EVIDENCE TO BE ADMITTED INTO THE RECORD.                        

ML-HM-BD-BW-DD

 

PUBLIC HEARING HELD – TESTIMONY PRESENTED

 

SUPERVISOR WAGENKNECHT’S MOTION TO REFER THE MATTER BACK TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION AND REPORT BACK WITHIN 45 DAYS FAILED. 

                                                BW-DD-BD-ML-HM          

                                                                 N    N     N

 

THE BOARD ADOPTED THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM.

                                                ML-BD-HM-BW-DD

                                                                         N     N

 

THE BOARD DECLARED INTENT TO APPROVE THE PROJECT AS MODIFIED BY THE APPLICANT.

                                                ML-BD-HM-BW-DD

                                                                          N    N           

 

THE ITEM WAS CONTINUED TO AUGUST 23, 2005, AT 10:00 A.M. FOR SUBMISSION OF FINDINGS.

 

 

 

8I.        11:00 a.m.  Agricultural Commissioner requests the Board receive a brief report and acknowledge         the accomplishment of youth who submitted entries for the CyberMill ClubHouse's "Stories of the

            Valley" Digital Movie Contest. (Supervisor Wagenknecht)

            PRESENTATION MADE

 

9.                  Administrative Items.

NONE

 

Legislative Items

 

10A.    Approval of and authorization for the Chair to sign a letter of support for SB 861 relating to local

            government regulation of dangerous and vicious dogs. (Unanimous vote of the Board members

            present required)

THE BOARD WENT ON RECORD IN SUPPORT OF SB 861.

                                                            ML-BW-BD-HM-DD

 

10B.    B. Approval of and authorization for the Chair to sign a letter outlining Napa County's concerns             relating to AB 885, the proposed statewide regulations for onsite wastewater treatment systems.

            (Supervisor Dillon) (Unanimous vote of the Board members present required)

THE BOARD AUTHORIZED CHAIR DILLON AND SUPERVISOR MOSKOWITE TO REVISE THE DRAFT LETTER WITHOUT CHANGING THE BOARD’S POSITION AND AUTHORIZED THE CHAIR TO SIGN THE LETTER.

                                                            BW-ML-BD-HM-DD                                                          

 

11.       Board of Supervisors' Committee Reports and Announcements.

CHAIR DILLON REPORTED ON HER ATTENDANCE AT A FIRE ALLIANCE MEETING IN SACRAMENTO WITH CHIEF LOVELESS AND FIRE MARSHAL DARGAN.

 

SUPERVISOR DODD SPOKE REGARDING VARIOUS CALLS HE HAS BEEN RECEIVING ABOUT GARBAGE SERVICE IN THE COUNTY.  HE WILL SEND A LETTER TO THE EDITOR OF THE NAPA VALLEY REGISTER CONTAINING CONTACT INFORMATION FOR QUESTIONS THE PUBLIC MAY HAVE REGARDING THEIR GARBAGE SERVICE.

 

SUPERVISOR DODD ALSO REPORTED THAT THE METROPOLITAN TRANSPORTATION COMMISSION (MTC) APPROVED RESOLUTION 3434 WHICH IS A NEW POLICY THAT SETS FORTH HOUSING DENSITY REQUIREMENTS BEFORE ANY MTC FUNDING CAN GO TO DEVELOPMENTS IN THE TRANSPORTATION CORRIDORS AROUND STATIONS. 

 

SUPERVISOR WAGENKNECHT REPORTED ON A LOCAL AREA FORMATION COMMISSION (LAFCO) MEETING HE ATTENDED WITH SUPERVISOR LUCE AND SUPERVISOR DODD.

 

CHAIR DILLON REPORTED ON HER ATTENDANCE AT A CEREMONY IN YOUNTVILLE UNVEILING THE VETERANS’ BRIDGE SIGNS.

 

 

 

11.       Continued.

CHAIR DILLON ALSO SPOKE ON THE TRAGEDY IN THE SIERRA LAST THURSDAY WHERE MEMBERS OF BOY SCOUT TROUP #1 FROM

ST. HELENA LOST THEIR LIVES.  SHE COMMENDED HEALTH AND HUMAN SERVICES STAFF FOR PUTTING TOGETHER A GRIEF COUNSELING PLAN.

 

12.       Board of Supervisors' Future Agenda Items.

SUPERVISOR MOSKOWITE REQUESTED THAT THE SHERIFF’S DEPARTMENT REPORT TO THE BOARD ON THEIR WORK WITH SEX OFFENDERS.

 

CHAIR DILLON REQUESTED THAT THE BOARD DISCUSS WHETHER OR NOT THE TOTAL MAXIMUM DAILY LOAD (TMDL) STUDY SHOULD BE SENT TO THE WATERSHED INFORMATION CENTER AND CONSERVANCY (WICC) OF NAPA COUNTY FOR THEIR REVIEW.

 

13.       County Executive Officer Reports and Announcements.

NANCY WATT, COUNTY EXECU TIVE OFFICER, REPORTED THAT THE STATE HAS PAID BACK THE VEHICLE LICENSE LOAN FUNDS FOR 2002-2003 FISCAL YEAR IN THE AMOUNT OF $2.6 MILLION.

 

14.       Closed Session.

            NONE

 

Adjournment

            ADJOURN TO BOARD OF SUPERVISORS’ MEETING, TUESDAY, AUGUST 9, 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