MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

October 26, 2004

1.         Call
to Order; Roll Call.

THE
BOARD OF SUPERVISORS OF THE COUNTY
OF NAPA MET IN REGULAR
SESSION ON TUESDAY, OCTOBER 26, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT:  CHAIRPERSON MARK LUCE, SUPERVISORS BILL
DODD, MIKE RIPPEY, BRAD WAGENKNECHT AND DIANE DILLON.  THE MEETING WAS CALLED TO ORDER BY CHAIR
LUCE AT 9:06 A.M.

2.         Pledge
of Allegiance.

STEVEN LEDERER, DEPUTY PLANNING DIRECTOR, LED THE
SALUTE TO THE FLAG.

3.         Presentations
and Commendations.

NONE

4.         Public
Comment.

NONE

5.         Department
Directors' Reports and Announcements.

NANCY WATT, COUNTY
EXECUTIVE OFFICER, INTRODUCED BRITT FERGUSON, THE NEW ASSISTANT COUNTY EXECUTIVE OFFICER.

JOHN TUTEUR, ASSESSOR-RECORDER-COUNTY
CLERK-REGISTRAR OF VOTERS, REPORTED THE ELECTIONS DEPARTMENT MAILED 33
INCORRECT BALLOTS AND THAT ONCE THE PROBLEM WAS IDENTIFIED ALL RECIPIENTS
RECEIVED THE CORRECT BALLOT WITHIN 24 HOURS.  MR. TUTEUR STATED THE ERROR OCCURRED AS A
RESULT OF A MIX-UP BETWEEN BALLOTS SIX AND EIGHT.

MR. TUTEUR REPORTED
THERE WERE 69,172 REGISTERED VOTERS AS OF OCTOBER 25, 2004.  HE STATED IF THE VOTER REGISTRATION WAS
POSTMARKED BY OCTOBER 19, 2004, THE VOTER WILL BE REGISTERED AND ELIGIBLE TO
VOTE.MR. TUTEUR SAID THE ABSENTEE VOTER
TOTAL WILL EXCEED 22,000 THIS YEAR AND THAT TODAY AT 5:00 P.M. WAS THE DEADLINE
TO SUBMIT AN APPLICATION TO VOTE ABSENTEE.
HE RECOMMENDED IF SOMEONE WANTS TO VOTE USING A PAPER BALLOT THEY VOTE
ABSENTEE.

MR. TUTEUR REPORTED EARLY VOTING NUMBERS THROUGHOUT THE
COUNTY.

MR. TUTEUR STATED DUE TO THE HUGE NUMBER OF ABSENTEE
BALLOTS, HIS OFFICE MAY NOT BE ABLE TO COUNT ALL BALLOTS BEFORE ELECTION DAY.

Consent
Calendar

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

Chair to sign the renewal of Agreement No. 6135 with Child
Start, Inc., for a maximum of

$28,760 for the term September 1, 2004 through August 31,
2005 for reimbursement for meals

provided at the Therapeutic Child Care Center.                                                 A-6135

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

Chair to sign
Amendment No. 4 to Agreement No. 4092 with the County of Solano
increasing the

amount by $14,125 for a new maximum of $284,820 to provide
partial funding of a staff position

for program oversight of three of Napa County AIDS
programs.                                   A-4092

(AMEND.
4)

6C.      Acting
Director of Health and Human Services requests approval to adopt the Statewide

Maximum Allowable (SMA) rates established annually by the
State Department of Mental Health

for Short-Doyle/Medi-Cal.

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

Chair to sign the Children’s Medical Services Plan
and Budget for Fiscal Year 2004-2005.

6E.       Acting
Director of Health and Human Services requests approval of and authorization
for the

Chair to sign an application for funding from the
Employment Development Department for

California Rapid Response Special Project Funding for a
maximum of $249,578 for the term

November 1, 2004 through October 31, 2005 for the Business Resource Center
(BRC) Project

which will give Napa
County businesses easy
access to business-related information and services.

6F.       Acting
Director of Health and Human Services requests approval of the following
actions

regarding bioterrorism grant funding:

1.   Authorization for the Chair to sign a revenue agreement with
the California Department of Health Services for a maximum of $349,530 for the
term July 1, 2004 through August 30, 2005 for bioterrorism preparedness funding
activities; and

A-6349

2.
Authorization for the Chair to sign the Certification
Against Supplanting, certifiying that funds will not be used to supplant
funding for existing levels of service and that funds will only be used for the
purposes stated in the Bioterrorism Preparedness Plan and Budget.

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

authorization for the Chair to sign Amendment No. 1 to
Agreement No. 4911 with Austin

McInerny Consulting increasing the amount by $12,000 for a
new maximum of $55,730 for

continued support for the management and oversight of the
Jones and Stokes/ EDAW Baseline

Data Report (BDR) consultant team.

REMOVED FOR
DISCUSSION

APPROVED REQUEST                   BW-BD-MR-DD-ML
A-4911

(AMEND.
1)

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

authorization for the Chair to sign Amendment No. 1 to
Agreement No. 6160 with

Jones & Stokes/EDAW increasing the amount by $160,224
for a new maximum of $1,625,224

for further support to complete the Baseline Data Report
(BDR).

REMOVED FOR
DISCUSSION

APPROVED REQUEST                   BW-BD-MR-DD-ML                                   A-6160

(AMEND.
1)

6I.        Acting
Director of Conservation, Development and Planning requests approval of and

authorization for the Chair to sign an agreement with
Environmental Science Associates (ESA)

for $111,674 for the term October 26, 2004 through June
30, 2005 to prepare a California

Environmental Quality Act document for Robert Nicholas
Vineyard, Lowell Valley

#99048-ECPA (Assessors Parcel No. 047-010-017).                                                 A-6350

6J.        Library
Director requests authorization to accept a grant of $15,000 from the
DeLong-Sweet

Family Foundation.

6K.      Director
of Public Works requests approval of and authorization for the Chair to sign an

agreement with City of Napa for a maximum County cost of $37,000 for
design and construction

of scour repairs at the Trancas Street bridge over the Napa River.                                 A-6351

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

following:

1.   Grant Funding Agreement with National Oceanic and Atmospheric
Administration (NOAA) in the amount of $68,635 from the Coastal Impact
Assistance Program for a Feasibility Study of potential bicycle and pedestrian
routes in the Highway 29 corridor in the unincorporated area; and                                                           A-6352

6L.       Continued

2.   Approval of and authorization for the Chair to sign an
agreement with Bruce Randolph

Anderson, dba LandPeople, for a maximum of $60,010
for the term October 26, 2004 through June 30, 2005 to conduct the Feasibility
Study of potential bicycle and pedestrian routes in the Highway 29 corridor in
the unincorporated area.

A-6352-1

6M.      Director
of Public Works requests the following actions relating to the
"Residential Stabilization

Center Fire Sprinkler System Installation Project,"
PW 04-13:

1.   Rejection of the only bid received on September 23, 2004; and

2.   Approval of revised plans and specifications for the
"Napa Valley Residential Stabilization Center Fire Sprinkler System
Installation Project," PW 04-13R, authorization to re-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.

6N.      Acting
Communications Manager requests approval of and authorization for the Chair to
sign an

agreement with American Telesource, Inc. for a maximum of
$4,391 for the term July 1, 2004

through March 31, 2005 for voice mail maintenance and
repair services.                        A-6353

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

Environmental Resource Specialist position in the
Environmental Management Department,

effective November 6, 2004.                                                                                        R-04-177

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

Allocation List with regard to adding two (2) Mental
Health Counselor Limited Term positions

through June 30, 2005 in the Behavioral Health Division of
the Health and Human Services

Agency, effective October 26, 2004.                                                                            R-04-178

6Q.      County Executive
Officer requests approval of Budget Transfer No.
33 transferring $5,000 from

Contingencies to the County Executive Office budget for
tribal gaming consulting services.

(4/5 vote required)                                                                                                        BT-33

6R.       County Executive
Officer and Director of Compliance request
acceptance of the Compliance Program Quarterly Report for the period ending
September 30, 2004.

6S.       Approve
minutes of the meeting held October 12, 2004.

SUPERVISOR DODD ABSTAINED FROM THIS ITEM.

7.         Discussion
of items removed from the Consent Calendar.

SEE
ITEMS 6G AND 6H.

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

BW-BD-MR-DD-ML

Set
Matters or Public Hearings

8A.      9:15
A.M.  Public Hearing.  Acting Director of Conservation,
Development and Planning requests

that the Board of  Supervisors discuss and take the
following actions:

PUBLIC HEARING HELD
– TESTIMONY PRESENTED

1.
Adopt a resolution adopting an Environmental Assessment
(dated

September 13, 2004), as amended, along with Findings
and a Statement of Overriding Considerations;

ADOPTED
RESOLUTION              DD-BW-BD-MR-ML                                   R-04-179

2.   Adopt a resolution adopting amendments to the Housing, Land
Use and Growth Management System Elements of the Napa County General Plan;

ADOPTED RESOLUTION,
AS AMENDED

BD-BW-MR-DD-ML                                   R-04-180

3.   First and final reading and adoption of an ordinance adding
Chapter 18.82 to the County Code establishing an Affordable Housing Combination
District; adding a new Chapter (18.107) related to residential density bonuses
and incentives; amending Chapter 8.02 to confirm it to the Growth Management
System Element; and amending Chapters 18.08, 18.16, 18.20, 18.36, 18.44, 18.60
and 18.104 and adding a new section (18.104.295) to bring those chapters into conformity
with the updated Housing Element; and

TITLE READ

THE BOARD WAIVED READING THE BALANCE OF THE
ORDINANCE.

BD-DD-MR-BW-ML

ADOPTED ORDINANCE                BW-BD-MR-DD-ML                                   O-1246

4.
First and final reading and
adoption of an ordinance that rezones fourteen (14) parcels

identified in the updated Housing Element that
combines the Affordable Housing Combination District with the principal zoning
district of those parcels.

TITLE READ

THE BOARD WAIVED READING THE BALANCE OF THE
ORDINANCE.

BD-DD-MR-BW-ML

ADOPTED ORDINANCE                BW-DD-BD-MR-ML                                   A-1247

8A.      Continued

ENVIRONMENTAL
DETERMINATION: Environmental Assessment prepared pursuant to

Government Code section 65759. The proposed project would
have, if mitigation measures are

not included, potentially significant environmental
impacts in the following areas: Aesthetics, Air

Quality, Biological Resources, Cultural Resources,
Geology, Soils and Seimsicity, Hazards and

Hazardous Materials, Hydrology and Water Quality, Noise,
Population, Public Services,

Transportation and Utilities and Service Systems. The
project sites identified are not on any of

the lists of hazardous waste sites enumerated under
Government Code Section 65962.5.

8B.       1:30
P.M. Public Hearing.  Acting
Director of Conservation, Development and Planning

recommends:

1.   Consideration and possible adoption of a resolution rescinding
Resolution No. 86-53 (which adopted the 1986 County California Environmental
Quality Act (CEQA) Guidelines) and Adopting Local Procedures for Implementing
the California Environmental Quality Act.

ENVIRONMENTAL
DETERMINATION: Categorical Exemption Class 8: It has been determined that
this type of project does not have a significant effect on the environment and
is

exempt from the California Environmental Quality Act [See
Class 8 (“Actions by Regulatory Agencies for Protection of the
Environment”) which may be found in the Guidelines for the implementation
of the California Environmental Quality Act at 14 CCR 15308.]

2.   First reading and intention to adopt an ordinance amending
Chapter 2.88 adding a new Section 2.88.050 (I) regarding environmental
statements in connection with appeals.

ENVIRONMENTAL
DETERMINATION: General Rule. It can be seen with certainty that there

is no possibility the proposed action may have a
significant effect on the environment and

therefore CEQA is not applicable [See Guidelines For the
Implementation of the California

Environmental Quality Act, 14 CCR 15061(b)(3)].

(CONTINUED FROM
SEPTEMBER 14 AND OCTOBER 5, 2004; STAFF RECOMMENDS

CONTINUANCE TO
DECEMBER 7, 2004 AT 9:30 AM)

PUBLIC HEARING
CONTINUED TO DECEMBER 7, 2004 AT 9:30
A.M.

MR-DD-BD-BW-ML

8C.      1:30
P.M.  Acting Director of
Health and Human Services requests discussion and possible action

regarding Community House.

DISCUSSION HELD

8D.      2:00
P.M.  Public Hearing.  Consideration and tentative
decision regarding an appeal filed by

The  Highlands
at Silverado Owners Association to a decision by the Conservation, Development
and Planning Commission on September 15, 2004 to approve Tentative Parcel Map
#04147-PM to

divide a 455 acre site into two parcels consisting of 215
acres (Parcel 1) and 240 acres (Parcel 2).

The site is generally located to the east of the Silverado
subdivisions, south of Atlas Peak
Road,

and north of Monticello
Road within an Agricultural Watershed (AW) Zoning
District.

(Assessor’s Parcel Nos. 061-040-004 and 061-180-001 (Split
for assessment purposes)).

8D.      Continued

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, air quality, biological resources,
geology and soils, hydrology and water quality, and noise.

PUBLIC HEARING
OPENED – TESTIMONY PRESENTED

Public hearing continued to November 30, 2004 at 1:30
p.m.

Bd-dd-mr-bw-ml

9.         Administrative
Items.

NONE

10.       Legislative
Items.

NONE

11.       Board
of Supervisors' Committee Reports and Announcements.

NONE

12.       Board
of Supervisors' Future Agenda Items.

NONE

13.       County Executive
Officer Reports and Announcements.

NANCY WATT, COUNTY EXECUTIVE
OFFICER, REPORTED RECEIVING A LETTER FROM THE NAPA COUNTY LEAGUE OF GOVERNMENTS
(NCLOG) REQUESTING THE BOARD MAKE APPOINTMENTS TO THE NCLOG Adhoc
Transportation Sales Tax Committee, AND STATED THE ITEM WILL BE AGENDIZED FOR
NOVEMBER 30, 2004.

14.       Closed
Session.

A. Public Employee Performance Evaluation (Government Code

Section 54957)

Title: Director of Public Works

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: (Two
cases)

CLOSED SESSION HELD – NO REPORTABLE ACTION

14.       Continued

C. Conference With Legal Counsel - Existing Litigation (Government Code Section 54956.9(a))

Names of cases:

1.   County
of Napa v. Edward William
Schlies, et. al. (Case No. 26-25408)

2.   County
of Napa v. O'Neill/Mullin
LLC; HNAPAD Associates, et. al.                            (Case
No. 26-25407)

3.
Napa Citizens for Honest Government et. al.
v. Napa County Board
of Supervisors

(Case No. 26-04014)

CLOSED SESSIONS NOT HELD

Supplemental
Agenda

14.       Closed
Session.

D. 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.

ADJOURNED
TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

NOVEMBER
2, 2004 AT 9:00 A.M.

____________________________________

MARK
LUCE, Chairperson

ATTEST:         ____________________________________

PAMELA
MILLER, Clerk of the Board

KEY

Vote:    ML
= Mark Luce; DD = Diane Dillon; BD =
Bill Dodd; MR = Mike Rippey; 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