1

MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

August 23, 2005

1. Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION ON TUESDAY, AUGUST 23, 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 8:44 A.M.

2. Pledge of Allegiance.

JOANN ORTEGA LED THE SALUTE TO THE FLAG.

Presentations and Commendations

3. Presentation of a Proclamation to The Honorable W. Scott Snowden, Judge of the Superior Court of Napa County, in recognition of over 25 years of service.

PRESENTATION MADE

4. Public Comment.

GEORGE BACHICH ASKED THE BOARD TO PULL ITEM 6O FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION.

5. Department Heads' Reports and Announcements.

RANDY SNOWDEN, DIRECTOR OF HEALTH AND HUMAN SERVICES, GAVE AN UPDATE ON WEST NILE VIRUS IN NAPA COUNTY. HE CONFIRMED THAT 11 BIRDS HAVE BEEN INFECTED WITH THE VIRUS. HE ADVISED ALL COUNTY RESIDENTS TO TAKE PROPER PRECAUTIONS AGAINST ALL MOSQUITOES.

CHAIR DILLON INTRODUCED COMMANDER RASMUSSEN AND OFFICER RICO FROM THE CALIFORNIA HIGHWAY PATROL (CHP) WHO APPEARED AT HER REQUEST TO ADDRESS THE BOARD REGARDING THE RECENT ACCIDENTS OCCURRING ON THE SILVERADO TRAIL. THEY INFORMED THE BOARD ABOUT CHP EFFORTS TO ANALYZE THE CAUSES OF THE ACCIDENTS IN ORDER TO DIRECT RESOURCES APPROPRIATELY.

CHAIR DILLON EXPRESSED HER APPRECIATION FOR ALL THE EFFORTS THE CHP IS MAKING TO ADDRESS THESE CONCERNS.

SUPERVISOR DODD SUGGESTED THE POSSIBILITY OF INCLUDING THE CHP IN DISCUSSIONS ABOUT THE PROPOSED TRANSPORTATION SALES TAX INITIATIVE REGARDING ITEMS THAT WOULD BE BENEFICIAL IN ASSISTING THE CHP IN ADDRESSING TRAFFIC SAFETY.

Consent Calendar

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

agreements with the Napa County Office of Education:

1. Renewal of Agreement No. 4434 for a maximum reimbursement of $70,894 for the term

July 1, 2005 through June 30, 2006 to fund a Deputy Probation Officer assigned to

Liberty High School to provide supervision of wards; and A-4434

2. Agreement for a maximum reimbursement of $20,500 for the term July 1, 2005 through

September 30, 2005 to fund a Deputy Probation Officer assigned to the Safe

Schools/Healthy Students Program which will expand campus safety. A-6498

6B. Chief Probation Officer requests approval of and authorization for the Chair to sign the following

agreements for services provided on behalf of the Napa Community Youth Diversion Program:

1. Agreement with City of Napa Police Department for a maximum of $11,157 for the term

September 6, 2005 through June 30, 2006 to provide diversion services to at risk youth.

A-6499

2. Agreement with State Corrections Standards Authority (CSA) for a maximum of

$11,157 for the term July 1, 2005 through June 30, 2006 for the Juvenile Accountability

Block Grants Program; A-6500

3. Approval of Budget Transfer No. 5 increasing appropriations in the Probation

Department in the amount of $11,157 with offsetting revenues. (4/5 vote required)

BT-5

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

sign Amendment No. 1 to Agreement No. 4092, a Joint Powers Agreement with the County of

Solano, increasing the amount by $80,416 for a new maximum of $95,416 to fund the purchase of

laboratory computer systems pursuant to the Napa County and Solano County Bioterrorism

Preparedness Plans. A-4092

(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. 4317 with Staff Care, Inc., incorporating agency-wide

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

compliance language, and increasing the amount by $65,000 for a new maximum of $100,000 to

provide temporary or permanent psychiatrist placement services for the Mental Health Program.

A-4317

(AMEND. 1)

6E. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 6339 with Barrie Glen, Ph.D., increasing the amount by

$5,000 for a new maximum of $10,000 to provide expert witness testimony for specifically

referred clients in the Children’s Behavioral Health and Child Welfare Services Programs.

A-6339

(AMEND. 1)

6F. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 6375 with Victor Treatment Centers, Inc., incorporating

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

language detailing the service and documentation requirements for provision of specialty mental

health services, and increasing the amount by $29,140 for a new maximum of $60,500 to provide

residential mental health services. A-6375

(AMEND. 1)

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

sign a revenue agreement with the Child and Family Policy Institute of California for a maximum

of $5,000 for the term May 1, 2005 through April 30, 2006 for the CalWORKs/Child Welfare

Partnership Project. A-6501

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

sign the following revenue agreements with First 5 Napa County Children and Families

Commission, each for a maximum of $100,000 and each for the term July 1, 2005 through June

30, 2006:

1. Agreement to provide funding for an Infant-Child Mental Health Specialist and a

Special Education Instructor/Early Childhood Teacher at the Therapeutic Child Care

Center; A-6502

2. Agreement to provide funding for prevention and therapeutic infant-parent mental health

services for children at the Therapeutic Child Care Center. A-6503

6I. Director of Health and Human Services requests approval of and authorization for the Chair to sign an agreement with Chateau Hotel Napa Valley for a maximum of $3,200 for meeting room

rental fees to conduct stakeholder training, planning and priority setting for the Mental Health Services Act on September 12, 19 and 26, and October 3, 2005. A-6504

6J. Napa County Mental Health Board requests adoption of a resolution approving comprehensive

revisions to its bylaws. R-05-145

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

the Chair to sign Amendment No. 1 to Agreement No. 6350 with Environmental Science

Associates (ESA) increasing the amount by $14,865 for a new maximum of $126,539 and

extending the term through June 30, 2006 to complete the preparation of the California

Environmental Quality Act document associated with Erosion Control Plan Application #99048-

ECPA, Nicholas Vineyards. A-6350

(AMEND. 1)

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

the Chair to sign Amendment No. 1 to Agreement No. 6354 with Environmental Science

Associates (ESA) increasing the amount by $13,582 for a new maximum of $129,788 and

extending the term through June 30, 2006 to complete the preparation of the California

Environmental Quality Act document associated with Erosion Control Plan Application #00006-

ECPA, Cianciarulo Vineyards. A-6354

(AMEND. 1)

6M. Director of Conservation, Development and Planning requests the following:

1. Termination of Agreement No. 6149 with Environmental Science Associates (ESA), for

preparation of a combined/joint Environmental Impact Report (EIR) for the Saintsbury

Vineyards (#01259-ECPA) and Hudson Vineyards (#99376-ECPA & #03376-ECPA)

Erosion Control Plans and vineyard projects; and

2. Approval of and authorization for the Chair to sign an agreement with ESA for a

maximum of $132,307 for the term August 23, 2005 through June 30, 2006 for

preparation of an EIR for the Hudson Vineyards (#99376-ECPA & #03376-ECPA)

Erosion Control Plan project only. A-6505

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

the Chair to sign an agreement with Nichols-Berman Environmental Planners for a maximum of

$89,600 for the term August 23, 2005 through June 30, 2006 to prepare a Subsequent

Environmental Impact Report for the proposed Montalcino at Napa Golf Course Use Permit, Zone

Change, and Zoning Ordinance Amendment. A-6506

6O. County Counsel requests approval of and authorization for the Chair to sign an agreement with

Mark A. Wasser of the law firm of Kronick, Moskovitz, Tiedemann & Girard for a maximum of

$25,000 for the term August 10, 2005 through December 30, 2005 for legal services related to

preparing a legal analysis of the Fair Payment For Public Benefit Act for inclusion in the report

ordered by the Board pursuant to California Elections Code Section 9111. A-6507

ITEM REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION.

6P. County Counsel and County Executive Officer request adoption of a resolution establishing a

$1,000 County Match for the benefit of 401(a) Retirement Savings Plan participants for the 2006

calendar year. R-05-146

6Q. Human Resources Director requests adoption of a resolution amending the Table and Index to

increase the salary of the Chief Appraiser in the Assessor-Recorder-County Clerk-Elections

Department, effective August 23, 2005. R-05-147

6R. Human Resources Director requests adoption of a resolution amending the County's Policy for

Maintaining a Harassment and Discrimination Free Work Environment. R-05-148

6S. Human Resources Director requests adoption of a resolution amending the Table and Index for the

purpose of adding the $130 biweekly Management Compensation to salary for all management

non-classified, management non-classified (other) and management classified employees effective

August 27, 2005. R-05-149

6T. County Executive Officer requests approval of and authorization for the Chair to sign a grant

contract with the U.S. Department of Labor, Office of Disability Employment Policy for a

maximum of $436,500 for the term September 30, 2005 through September 29, 2006 for the fifth

and final year of the Project INCLUSION grant. A-4603

7. Discussion of Items Removed from the Consent Calendar.

SEE ITEM 6O

FOLLOWING A DISCUSSION, THE BOARD APPROVED ITEM 6O.

BW-ML-BD-HM-DD

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

BD-BW-HM-ML-DD

Set Matters or Public Hearings

8A. 9:30 a.m. Discussion and possible action related to a request by the Town of Yountville in the

amount of $20,000 for the Yountville Community Pool. (Supervisor Luce)

DISCUSSION HELD

MATTER REFERRED TO THE NAPA COUNTY PARKS AND OPEN SPACE ADVISORY COMMITTEE FOR A REPORT AND RECOMMENDATION.

ML-BW-BD-HM-DD

8B. 10:00 a.m. County Counsel requests the Board consider and adopt a resolution of Findings of Fact and Decision on Appeal granting the appeal filed by Gary Houck, applicant regarding the decision

by the Conservation, Development and Planning Commission on May 18, 2005 to deny Viewshed

Request #P05-0005-VIEW for applicant to construct a two-story 8,219 square foot main residence and an approximate 10,000 square foot separate landscaped yard area located predominantly on a major ridgeline as defined in 18.106.020 of the Napa County Code and a 1,200 square foot second unit and a 1,000 square foot guest cottage located 25-feet below the major ridgeline. (These two

units are proposed to be constructed on the property at a later date, under a separate Viewshed

Protection Program application, however, were included in the environmental review of this

application as part of the entire project.) The project site is on a 41.35-acre parcel, located on a

private driveway approximately 1,300-feet west of Soda Canyon Road and 3.5 miles north of its

intersection with Silverado Trail 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 environmental impacts in the following areas: Aesthetics

and Biological Resources. This project site is not on any of the lists of hazardous waste sites

enumerated under Government code section 65962.5

ITEM CONTINUED TO TUESDAY, SEPTEMBER 13, 2005 AT 2:30 P.M. FOR FURTHER CONSIDERATION OF THE FINDINGS.

ML-BD-BW-HM-DD

8C. 10:15 a.m. Recess to the Napa County Flood Protection and Watershed Improvement Authority

special meeting.

(SEE NAPA COUNTY FLOOD PROTECTION AND WATERSHED IMPROVEMENT AUTHORITY SPECIAL MEETING MINUTES)

Administrative Items

9A. Discussion direction to staff regarding improvements to the code enforcement efforts initiated by

the Department of Conservation, Development, and Planning Department, as follows:

1. Direct staff to prepare an ordinance increasing administrative citations; and

2. Direct staff to prepare a resolution rescinding the March 1998 procedure manual,

eliminating the 30-day grace period and universally applying the "investigation fee" for

work performed without permit; and

3. Direct staff to prepare a budget transfer increasing appropriations by $200,000 in

Building Division's Fiscal Year 2005-2006 budget to fund County-initiated abatement

efforts.

STAFF DIRECTED TO PROCEED PURSUANT TO ITEMS 1, 2 AND 3.

ML-BW-BD-HM-DD

9B. Director of Conservation, Development and Planning requests the Board of Supervisors

provide direction to the Watershed Information Center & Conservancy (WICC) Board to review draft materials associated with the Regional Water Quality Control Board's (RWQCB) proposed

Total Maximum Daily Load (TMDL) allocations for the Napa River basin and apprise the Board

of Supervisors of opportunities in the TMDL process for local input and participation.

APPROVED REQUESTED ACTION

ML-BD-BW-HM-DD

9C. Director of Conservation, Development and Planning requests approval of and authorization for

the Chair to sign an agreement with Pacific Municipal Consultants (PMC) for a maximum of

$1,514,699 and a not to exceed amount of $750,000 for the initial term of August 23, 2005

through June 30, 2006, with an automatic renewal provision for subsequent fiscal years, for

consultant services related to the ongoing General Plan update.

APPROVED AGREEMENT AS RECOMMENDED BY STAFF A-6508

BD-ML-BW-HM-DD

9D. Auditor-Controller requests adoption of the following three resolutions:

1. Resolution authorizing the implementation of the Teeter Plan as follows:

a. Authorizing the continuance, for the purposes of the Teeter Plan, to be

governed by Revenue and Taxation Code Section 4703.2 for

Fiscal Year 2005-2006;

b. Authorizing the issuance of a promissory note to fund payment of the Fiscal

Year 2004-2005 delinquent secured taxes; and

c. Authorizing the Chair and Clerk of the Board to sign the note; ADOPTED RESOLUTION ML-BW-BD-HM-DD R-05-140

2. Resolution adopting the tax rates for the Fiscal Year 2005-2006 Secured Tax Roll; and

ADOPTED RESOLUTION BW-ML-BD-HM-DD R-05-141

3. Resolution establishing the Fiscal Year 2005-2006 appropriation limit and estimated

revenue subject to the limit for the County of Napa as required by Article XIII-B of the

California Constitution.

ADOPTED RESOLUTION ML-BD-BW-HM-DD R-05-142

10. Legislative Items.

NONE

11. Board of Supervisors' Committee Reports and Announcements.

SUPERVISOR WAGENKNECHT REPORTED ON HIS ATTENDANCE AT THE COMMISSION ON AGING MEETING. FORUMS WILL BE HELD IN THE CITIES OF AMERICAN CANYON, NAPA AND ST. HELENA FOR DISCUSSION OF PROPOSITION 63.

CHAIR DILLON REPORTED ON HER ATTENDANCE AT THE RECENT CALIFORNIA STATE ASSOCIATION OF COUNTIES MEETING AND THE REGIONAL COUNCIL OF RURAL COUNTIES MEETING.

12. Board of Supervisors' Future Agenda Items

SUPERVISOR MOSKOWITE INQUIRED ABOUT HIS REQUEST THAT THE SHERIFF’S DEPARTMENT UPDATE THE BOARD ON THE ISSUE OF SEX OFFENDERS IN NAPA. THE CLERK ADVISED THAT THE MATTER IS SCHEDULED FOR THE BOARD OF SUPERVISORS MEETING ON SEPTEMBER 20, 2005.

13. County Executive Officer Reports and Announcements.

NONE

14. Closed Session

A. Public Employee Appointment/Ongoing Recruitment of the Following

Position (Government Code Section 54957):

Title: Director of Corrections

CLOSED SESSION HELD – NO REPORTABLE ACTION

Adjournment.

Adjourn To Board Of Supervisors’ Special Meeting, Tuesday, September 06, 2005 At 9:30 a.m.

____________________________________

BILL DODD, Chairman

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