TUESDAY                   DECEMBER 4, 2001                 9:00 A.M.




Brad Wagenknecht

District 1

Mark  Luce

District 2

Mel Varrelman

District 3

Bill Dodd

District 4

Mike Rippey

District 5



Jay Hull

County Administrator

Mary Jean McLaughlin

Clerk of the Board

Robert Westmeyer

County Counsel










The Board of Supervisors meets each Tuesday at 9:00 A.M. at 1195 Third Street, Room 305, Napa, California 94559.  If you require an assistive listening device, interpreter or any other special arrangement please provide the Clerk of the Board with 24-hour notice by calling 253-4580 (253-6088TDD).


The agenda is divided into three sections:


CONSENT CALENDAR - These matters typically include routine financial or administrative actions, as well as final adoption of ordinances that cannot be both introduced and adopted at the same meeting.  Any item on the CONSENT CALENDAR will be discussed separately at the request of any person.  CONSENT CALENDAR items are usually approved with a single motion.


SET MATTERS - These items are noticed hearings, work sessions and public hearings.


REGULAR CALENDAR - These items include significant policy and administrative actions and are classified by program areas.  Immediately after approval of the CONSENT CALENDAR, if the time for hearing SET MATTERS has not arrived, the REGULAR CALENDAR will be considered.


ANY MEMBER OF THE AUDIENCE DESIRING TO ADDRESS THE BOARD ON A MATTER ON THE AGENDA please proceed to the rostrum and, after receiving recognition from the Chair, give your name, address, and your comments or questions.  In order that all interested parties have an opportunity to speak, please be brief and limit your comments to the specific subject under discussion.  Time limitations shall be at the discretion of the Chair or Board.





1.        Call to Order; Roll Call.



2.        Pledge of Allegiance.



3.        9:00 A.M.  PUBLIC COMMENT


In this time period, anyone may address the Board of Supervisors regarding any subject over -which the Board has jurisdiction but which is not on today's agenda.  Individuals will be limited to a three-minute presentation.  No action will be taken by the Board of Supervisors as a result of any item presented at this time.


4.        Department Heads’ Reports and Announcements.







5.        District Attorney requests authorization to apply for a grant for $20,000 from the Department of Justice for a domestic violence outreach project.






6.        Assessor/Recorder-County Clerk requests the following:


          A.       Approval of Budget Transfer No. 50 transferring $32,000 from the Recorders Modernization and Vital Statistics trust funds to purchase bank-note paper, an electric embosser and two-year maintenance agreements on new equipment (4/5 vote required);

          B.       Approval to waive competitive bidding requirements and authorize a sole source award to BMI Imaging of Sacramento, California, for the purchase of two (2) Canon MS 400 Reader Printers in the total amount of $23,750; and

          C.       Approval to establish as fixed assets the two reader/printers in the Recorder-Clerk's budget.  (4/5 vote required)






7.        Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4367 with Allen, Shea & Associates for a maximum of $52,375 for the term July 1, 2001 through June 30, 2002 to provide professional services in connection with the In-Home Supportive Services Employer of Record Program.








8.        Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign renewals of the following agreements for AIDS services with the California Department of Health Services (CDHS) for a maximum of $659,049 for the term July 1, 2001 through June 30, 2004:


          A.       Agreement No. 3409, a CDHS Master Grant Agreement;

          B.       Agreement No. 3484, for AIDS case surveillance activities;

          C.       Agreement No. 3485, for HIV testing; and

          D.       Agreement No. 3820, for AIDS education and prevention activities.






9.        Director of Environmental Management requests:


A.       Adoption of a resolution authorizing a joint application with the County of Sonoma for a used oil opportunity grant from the California Integrated Waste Management Board (CIWMB) to implement an agricultural used oil recycling program; and

B.       Authorization to retain Ecology Action without competitive solicitation to apply for the CIWMB grant at no cost to the County, and if the grant is received, to implement the related grant program.



10.      Director of Public Works requests approval of Budget Transfer No. 45 transferring $50,000 within existing appropriations in the Capital Improvement Program budget (Fund 1000) to enable the completion of the Capell Valley Fire Station project.



11.      Director of Public Works requests award of the contract for the "Concrete Repairs at Various Locations Project," RDS 00-21, to J.A. Gonsalves & Son Construction, Inc. of Napa, California, for their low bid of $34,490 and authorization for Chairman to sign the construction contract.






12.      Information Technology Services Director and Records Manager request approval to destroy 956 boxes of superannuated records.  (Details on file with the Clerk of the Board)









13.      Job Training Director requests approval of and authorization for Chairman to sign an agreement with Napa Valley College Small Business Development Center for a maximum of $10,000 for the term July 1, 2001 through June 30, 2002 for small business development activities.



14.      Personnel Director requests adoption of a resolution amending the Departmental Allocation List with regard to a Mental Health Counselor position in Behavioral Health and Substance Abuse Services, effective December 4, 2001.



15.      Regional Coordinator requests approval of and authorization for Chairman to sign an agreement with the California Employment Development Department for $135,000 for the term January 1, 2002 through January 31, 2003 to develop the 2002 California Occupational Information System for the North Bay.



16.      Regional Coordinator requests approval of and authorization for Chairman to sign an agreement with the Workforce Investment Board for $175,208 for the term July 1, 2001 through June 30, 2002 to provide youth employment services.



17.      County Administrator requests approval of and authorization for Chairman to designate the Job Training Director as the Local Workforce Investment Area Administrator.



18.      Approve minutes of Board of Supervisors’ meeting of October 16, 2001.









20.      9:05 A.M.  Presentation by the Executive Director of the Regional Council of Rural Counties.



21.      9:10 A.M.  PUBLIC HEARING  Conservation, Development and Planning Director requests approval of the following Agricultural Preserve Contracts:


Contract/                                                                                                  Assessor's

File Number       Property Owner                 Type Contract                         Acreage  Parcel No.

01169-AGK     Robert & Margaret Losey    A (New contract)                24.42      036-190-002

01165-AGK     John & Helle Floisand         H (New contract)                15.93      043-190-005

01164-AGK     Ted & Ladislas Hall            H (New contract)                90.00      027-040-039

01211-AGK     Claude & Katherine Blankiet H (Amending 97166-AGK)    45.75      034-030-052

01225-AGK     Harold I. Moskowite Trust   H (Amending 365/82/H)         173.50     032-420-005


ENVIRONMENTAL DETERMINATION:  Categorically Exempt: Class 17 (Establishment of agricultural preserves and the making and renewing of open space contracts under the Williamson Act).



22.      9:10 A.M.  Closed Session regarding:




          Significant exposure to litigation pursuant to Government Code Section 54956.9(b):

(Four cases)



23.      9:15 A.M.  Consideration and possible adoption of a resolution implementing intended decision denying the appeal of Robert Lichtman and others and upholding the decision of the Conservation, Development and Planning Commission approving Use Permit No. 00175-UP, the Tom Eddy Winery, located at the Napa/Sonoma County line.  (Assessor's Parcel No. 017-110-001)

          (CONTINUED FROM NOVEMBER 27, 2001)



24.      9:30 A.M.  PUBLIC HEARING  Consideration and possible adoption of the following in relation to the Lakeview Boat Storage, LLC’s General Plan Amendment Request No. GPA 00-001:


A.       Negative Declaration prepared in connection with the calling of a special election on March 5, 2002 regarding the matter described in paragraph B; and



SET MATTERS – Continued


Item No. 24 - Continued


B.       Ordinance calling an election for the purpose of submitting to the voters of Napa County the question of whether the Napa County General Plan Land Use Map should be amended to change the land use map designation of a 4.7-acre portion of a 30.74-acre parcel (Assessor's Parcel No. 019-280-006) from Agriculture, Watershed & Open Space to Rural Residential, said parcel being located on the northeasterly side of Knoxville-Berryessa Road, approximately 1/2 mile south of its intersection with Pope Canyon Road.

ENVIRONMENTAL DETERMINATION:  Negative Declaration prepared (The proposed project will not have a significant effect on the environment).



25.      10:00 A.M.  Consideration and possible adoption of a resolution implementing intended decision upholding in part and denying in part the decision of the Conservation, Development & Planning Commission approving Use Permit No. 00243-UP, the Palmaz Vineyards Winery, located at the eastern end of Hagen Road within an Agricultural Watershed Zoning District, Assessor's Parcel Nos. 049-270-015, 049-270-016, 049-270-017, 049-270-018, 049-320-012, and 049-320-015, in the appeal by Citizens for the Protection of Coombsville Environment from the decision of the Planning Commission, subject to the terms and conditions of a settlement among the parties.  (Public Hearing Closed)



26.      10:00 A.M.  PUBLIC HEARING  Adoption of Negative Declaration and first reading and intention to adopt Proposed Zoning Ordinance Amendment No. 00214-ORD and, intention to adopt the accompanying Resolution establishing a method for determining slope applicability, Application Completeness Checklist, Viewshed Protection Manual (Design Manual) and establishing a project review fee in the amount of $250.  The proposed ordinance would amend Title 18 of the Napa County Code to add a new Chapter 18.106, entitled "Viewshed Protection Program," regulating the placement and design of certain structures in the unincorporated portions of Napa County.  Structures proposed to be located on slopes of 15% or greater or on ridgelines as defined by the proposed Chapter would be affected by the ordinance and required to satisfy criteria included in the Chapter prior to issuance of building permits.  The proposed Chapter establishes design criteria, exemptions, exception procedures, and findings.

          ENVIRONMENTAL DETERMINATION:  Negative Declaration Prepared.  According to the Negative Declaration, the proposed project would have, if mitigation measures are not included, potential environmental impacts in the following areas: None.

          (CONTINUED FROM NOVEMBER 20, 2001)



SET MATTERS – Continued



27.      10:10 A.M.  Consideration and possible action relating to placing on the March 2002 ballot, a proposed General Plan Amendment that would facilitate the development of farmworker housing in agricultural areas of the county:


A.       Adoption of an ordinance calling an election for the purpose of submitting to the voters of Napa County the question of whether Napa County Ordinance No. 02-02 should be approved or rejected.  Ordinance No. 02-02 would amend the Napa County General Plan to authorize the creation of parcels two (2) acres or larger in size in areas of the county designated on the General Plan as Agricultural Resource or Agriculture, Watershed and Open Space, so long as the parcel will be utilized for farmworker housing, and is owned or operated by a local government agency that is authorized to develop farmworker housing; and

B.       Discussion and possible action regarding whether the Board wishes to submit an Argument in favor of the proposed General Plan Amendment and, if so, direction to staff to prepare said Argument.

ENVIRONMENTAL DETERMINATION:  Exempt from California Environmental Quality Act (CEQA) (14 California Administrative Code 15061(b)(3)).



28.      10:30 A.M.  Peter Dreier, City of Napa Housing Director, to present subcommittee recommendations on a joint housing trust fund board proposal and request further direction.



29.      1:30 P.M.  Recess to the Napa County Flood Control and Water Conservation District (NCFCWCD) meeting.  (See NCFCWCD Agenda)








30.      Clerk of the Board requests appointment of one (1) of the following individuals to the Advisory Board on Alcohol and Drug Programs to represent the Business Community with the term of office to expire January 31, 2004:


          Eric J. Joyce

          J. Earl Rogers

          Cheryl J. Stanley



31.      Discussion and possible action regarding legislation.








32.      Board of Supervisors’ Committee Reports and Announcements.



33.      Board of Supervisors’ Future Agenda Items.