MINUTES OF THE

MINUTES OF TH= E

MEETING OF THE BOARD OF SUPERVISORS

C= OUNTY OF NAPA

October = 26, 2004

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1. &nbs= p; Call to Order; Roll Call.

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. &nbs= p; Pledge of Allegiance.

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

3. &nbs= p; Presentations and Commendations.

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4. &nbs= p; Public Comment.

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5. &nbs= p; Department Directors' Reports and Announcements.

NANCY WATT, COUNTY EXECUTIVE OFFICER, INTRODUCED BR= ITT FERGUSON, THE NEW ASSISTANT <= st1:PlaceType w:st=3D"on">COUNTY EXECUTIVE OF= FICER.

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 OCCURR= ED AS A RESULT OF A MIX-UP BETWEEN BALLOTS SIX AND EIGHT.

MR. TUTEUR RE= PORTED THERE WERE 69,172 REGISTERED VOTERS AS OF OCTOBER 25, 2004. HE STATED IF THE VOTER REGISTRATIO= N 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 DEAD= LINE TO SUBMIT AN APPLICATION TO VOTE ABSENTEE.= HE RECOMMENDED IF SOMEONE WANTS TO VOTE USING A PAPER BALLOT THEY VO= TE ABSENTEE. <= /b>

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 DA= Y.

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Cons= ent Calendar

6A. &nb= sp;    Acting Director of Health and Human Services requests approval of and authorization for the

Chair to sign the renewal of Agreement No. 6135 with C= hild 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.           &nbs= p;            &= nbsp;           &nbs= p;            A-6135

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6B. &nb= sp;     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 pro= vide partial funding of a staff position

for program oversight of three of Napa County AIDS programs.     &nbs= p;            &= nbsp;           &nbs= p;    A-4092

        =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;           (AME= ND. 4)

6C. &nb= sp;    Acting Director of Health and Human Services requests approval to adopt the Statew= ide

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

for Short-Doyle/Medi-Cal.

6D. &nb= sp;    Acting Director of Health and Human Services requests approval of and authorization for the

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

6E. &nb= sp;     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 e= asy access to business-related information and services.

6F. &nb= sp;     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 wi= th 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 fun= ding activities; and

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2.&n= bsp;     Authorization for the Chair to sign the Certificati= on 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.        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;             &= nbsp;

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6G. &nb= sp;    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 f= or 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.            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;

REMOVED FOR DISCUSSION

APPROVED REQU= EST        &= nbsp;          BW-BD-MR= -DD-ML        &= nbsp;           &nbs= p;            &= nbsp; A-4911

        =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;           (AME= ND. 1)

6H. &nb= sp;    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 Repo= rt (BDR).      &= nbsp;           &nbs= p;            &= nbsp;

REMOVED FOR DISCUSSION

APPROVED REQU= EST        &= nbsp;          BW-BD-MR= -DD-ML        &= nbsp;           &nbs= p;            &= nbsp; A-6160

        =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;           (AME= ND. 1)

6I. &nb= sp;      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 Califor= nia

Environmental Quality Act document for Robert Nicholas Vineyard, Lowell Valley

#99048-ECPA (Assessors Parcel No. 047-010-017).        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;   A-6350

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

Family Foundation.

6K. &nb= sp;    Director of Public Works requests approval of and authorization for the Chair to sig= n an

agreement with City of Napa for a maximum County cost of $37,0= 00 for design and construction

of scour repairs at the Trancas Street bridge over the Napa River.        &= nbsp;           &nbs= p;            A-6351

6L. &nb= sp;     Director of Public Works requests approval of and authorization for the Chair to sign the

following:

1. Grant Funding Agreement with National Oceanic and Atmosphe= ric Administration (NOAA) in the amount of $68,635 from the Coastal Impact Assistance Program for a Feasibility Study of potential bicycle and pedestr= ian routes in the Highway 29 corridor in the unincorporated area; and        &= nbsp;                &= nbsp;           &nbs= p;            &= nbsp;        A-6352

6L.       Conti= nued

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 Feasibil= ity Study of potential bicycle and pedestrian routes in the Highway 29 corridor= in the unincorporated area.

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6M. &nb= sp;    Director of Public Works requests the following actions relating to the "Residential Stabilization

Center Fire Sprinkler System Installation Project,&quo= t; 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 se= aled 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 Cont= ract Code.

6N. &nb= sp;    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.    &nb= sp;            =        A-6353

6O. &nb= sp;    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.            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            = R-04-177

6P. &nb= sp;     Human Resources Director requests adoption of a resolution amending the Departmen= tal

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

through June 30, 2005 in the Behavioral Health Divisio= n of the Health and Human Services

Agency, effective October 26, 2004.            =             &nb= sp;            =             &nb= sp;            =             &nb= sp; R-04-178

6Q. &nb= sp;    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)&nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;   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. &nb= sp;     Approve minutes of the meeting held October 12, 2004.

        &= nbsp;   SUPERVISOR DODD ABSTAINED FROM THIS I= TEM.

7. &nbs= p;       Discussion of items removed from the Consent Calendar.

&= nbsp;          SEE ITEMS 6G AND 6H.

        &= nbsp;   APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6S, AS NOTATED ABOVE.

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Set Matters or Public Hearings

8A. &nb= sp;    9:15 A.M. Public Hearing. Acting Director of Conserva= tion, Development and Planning requests

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

PUBLIC HEARIN= G HELD – TESTIMONY PRESENTED

1.&n= bsp;     Adopt a resolution adopting an Environmental Assess= ment (dated

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

ADOPTED RESOLUTION     &nb= sp;        DD-BW-BD-MR-ML        &= nbsp;           &nbs= p;            &= nbsp; 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;<= /p>
ADOPTED RESOL= UTION, AS AMENDED

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3. First and final reading and adoption of an ordinance adding Chapter 18.82 to the County Code establishing an Affordable Housing Combina= tion District; adding a new Chapter (18.107) related to residential density bonu= ses 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 in= to conformity with the updated Housing Element; and

TITLE READ

THE BOARD WAIVED READING THE BALANCE OF= THE ORDINANCE.

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ADOPTED ORDINANCE            =     BW-BD-MR-DD-ML        &= nbsp;           &nbs= p;            &= nbsp; O-1246

&= nbsp;          <= /b>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 zon= ing district of those parcels.

TITLE READ

THE BOARD WAIVED READING THE BALANCE OF= THE ORDINANCE.

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ADOPTED ORDINANCE&n= bsp;            = ;   BW-DD-BD-MR-ML        &= nbsp;           &nbs= p;            &= nbsp; A-1247

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8A.&nbs= p;     Continued

ENVIRONMENTAL DETERMINATION: Environmental Assessment prepared pursuant to

Government Code section 65759. The proposed project wo= uld 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, Nois= e, 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. &nb= sp;     1:30 P.M. Public Hearing. A= cting Director of Conservation, Development and Planning

recommends:

1. Consideration and possible adoption of a resolution rescin= ding Resolution No. 86-53 (which adopted the 1986 County California Environmental Quality Act (CEQA) Guidelines) and Adopting Local Procedures for Implementi= ng 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 implementa= tion of the California Environmental Quality Act at 14 CCR 15308.]

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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 ther= e

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

therefore CEQA is not applicable [See Guidelines For t= he Implementation of the Califor= nia

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

(CONTINUED F= ROM 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.

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8C. &nb= sp;    1:30 P.M. Acting Director of Health and Human Services requests discussion and possible action

regarding Community House.

DISCUSSION HE= LD

8D. &nb= sp;    2:00 P.M. Public Hearing. Consideration and tentative decision regarding an appeal filed by

The High= lands at Silverado Owners Association to a decision by the Conservation, Developm= ent and Planning Commission on September 15, 2004 to approve Tentative Parcel M= ap #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 Silve= rado subdivisions, south of Atl= as Peak Road,

and north of Monticello Road within an Agricultural Watershed (AW) Zon= ing District.

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

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8D.&nbs= p;     Continued

ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration Prepared. According to= the Mitigated Negative Declaration, the proposed project would have, if mitigat= ion measures

are not included, potentially significant environmental impacts in the following areas: aesthetics, air quality, biological resourc= es, 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.

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9. = ;        Administrative Items.

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10. &nb= sp;     Legislative Items.

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11. &nb= sp;     Board of Supervisors' Committee Reports and Announcements.

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12. &nb= sp;     Board of Supervisors' Future Agenda Items.

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13. &nb= sp;     County Executive Officer Reports and Announcements.=

NANCY WATT, COUNTY EXECUTIVE OFFICER, REPORTED RECEIVING A LETTER FROM THE NAPA COUNTY LEAGUE OF GOVERNM= ENTS (NCLOG) REQUESTING THE BOARD MAKE APPOINTMENTS TO THE NCLOG Adhoc Transportation Sales Tax Committee, AND STATED THE ITEM WILL BE AGENDIZED F= OR 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

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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

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14.&nbs= p;      Continued

C. Conference With Legal Counsel - Existing Litigat= ion (Government Code Section 54956.= 9(a))

Names of cases:

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

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

   = ;                 &= nbsp;         3. Napa Citizens for Honest Government et.= al. v. Napa County Board of Supervisors

(Case No. 26-04014)

&= nbsp;          CLOSED SESSIONS NOT HELD

Supp= lemental Agenda

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14.       Closed Session.

D. CONF= ERENCE 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.

__________________________= __________

           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;         MARK LUCE, Chairperson

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ATTEST:         = ____________________________________

        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           PA= MELA MILLER, Clerk of the Board

=

KEY=

Vote:  = ; ML =3D Mark Luce; DD =3D Diane Dillon; BD =3D Bill Dodd; MR =3D Mike Rippey; BW =3D Brad Wagenknecht

The maker of the motion and second are reflected respectively in the order of the recorded vote.

Notations under Vote: N =3D No; X =3D Excused; A =3D Abs= tain