MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

October 9, 2001

1. Call to Order.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, OCTOBER 9, 2001 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRMAN MIKE RIPPEY, SUPERVISORS MARK LUCE, MEL VARRELMAN, BILL DODD AND BRAD WAGENKNECHT.

2. Pledge of Allegiance.

DEPUTY CLERK OF THE BOARD JULIE LLOYD LED THE SALUTE TO THE FLAG.

3. Public Comment.

JACK FICTENBERG FROM THE VETERANS’ HOME IN YOUNTVILLE SUBMITTED COPIES FROM A VIEWSHED MANUAL AND HOUSING “BEST PRACTICES” DESIGN AND DENSITY MULTI-FAMILY EMPHASIS MATERIALS.

THE BOARD REFERRED THE DOCUMENTS TO THE CONSERVATION, DEVELOPMENT AND PLANNING DEPARTMENT AND SUPERVISOR LUCE TO SPEAK FURTHER WITH MR. FICTENBERG.

LEILA BAILEY ADDRESSED THE BOARD CONCERNING INTERNET ACCESS AT NAPA CITY/COUNTY LIBRARY WITH REGARD TO TRANSPORTATION MATTERS.

COUNTY ADMINISTRATOR WILL LOOK INTO THE MATTER.

4. Department Heads’ Reports and Announcements.

REGIONAL COORDINATOR DONNA DEWEERD REPORTED ON A $750,000 GRANT TO START A STRATEGIC PLANNING SERVICE. MS. DEWEERD ADVISED THAT THE TOTAL AWARD OF THE GRANT WILL BE $3.3 MILLION.

Consent Calendar

5. District Attorney requests approval of and authorization for Chairman to sign an agreement with the Office of Criminal Justice Planning for $145,299 for the term July 1, 2001 through June 30, 2002 to continue the Statutory Rape Vertical Prosecution Program.

6. Sheriff requests approval of Budget Transfer No. 25 appropriating $6,713 in the Sheriff's budget with offsetting revenue from the Rural and Small County Law Enforcement Assistance Program Trust and establishing a fixed asset to purchase a trailer for the Sheriff's Search and Rescue. (4/5 vote required)

BT-25

7. Assessor/Recorder-County Clerk, Treasurer/Tax Collector and Information Technology Services (ITS) Director request the following for contract support and computer hardware upgrades (4/5 vote required):

A. Approval of Budget Transfer No. 30 for $110,526 appropriating $23,700 in the Assessor budget and $86,826 in the ITS budget, of which $76,826 is funding for a fixed asset, with offsetting revenues from the State-County Property Tax Administration trust fund; and

BT-30

B. Approval to establish as a fixed asset a data transmission switch in the ITS budget.

8. Auditor-Controller requests the Board accept and instruct the Clerk of the Board to file the Audit Report for the quarter ended December 31, 2000 for the Napa County Treasurer-Cash and Investments. (Report on file with the Clerk of the Board)

9. Treasurer/Tax Collector requests adoption of a resolution amending the Departmental Allocation List with regard to certain positions in the Treasurer/Tax Collection Department, effective October 9, 2001.

R-01-119

10. Director of Health and Human Services Agency requests adoption of a resolution amending the Departmental Allocation List in the Substance Abuse Services and Behavioral Health Care Departments, effective October 13, 2001.

R-01-120

11. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign an agreement with the University of San Francisco for the term

September 4, 2001 through August 31, 2002 for fieldwork performed at the adolescent day treatment program.

A-4599

12. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign an agreement with The Regents of the University of California, Berkeley, for a maximum of $7,500 for the term June 1, 2001 through May 31, 2002 to provide research of a regional approach for child welfare workers and the courts to improve the system of care for Bay Area children.

A-4600

13. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign an agreement with Del Domezio, LCSW, for a maximum of $4,092 for the term July 1, 2001 through June 30, 2002 to provide counseling services in the Childrens' Behavioral Health and Child Welfare Services Programs.

A-4601

14. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign an agreement with Napa Valley Adult School for a maximum of $3,791 for the term July 1, 2001 through June 30, 2002 to provide classes in the Spanish language for staff of Health and Human Services.

A-4602

15. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 1939 with Our Family, Inc. for a maximum of $337,826 for the term July 1, 2001 through June 30, 2002 for residential substance abuse services.

A-1939

16. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 3857 with Andre Zunino dba Solution Computing for a maximum of $40,620 for the term July 1, 2001 through June 30, 2002 to provide consultation and technical support for automated operations.

A-3857

17. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4187 with Sheila Daugherty for a maximum of $35,000 for the term July 1, 2001 through June 30, 2002 to provide consultation regarding Alcohol and Drug Prevention services.

A-4187

18. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign renewals of the following agreements with the Queen of the Valley Hospital through its HIV Network Program:

A. Agreement No. 3580 for a maximum of $31,570 for the term July 1, 2001 through June 30, 2002 to provide Housing Opportunities for Persons With AIDS (HOPWA) services; and

A-3580

B. Agreement No. 3236 for a maximum of $43,305 for the term April 1, 2001 through March 31, 2002 to provide case management services under the Ryan White Comprehensive AIDS Resources Emergency (CARE) Program.

A-3236

19. Director of Health and Human Services Agency requests approval of Budget Transfer

No. 26 transferring $31,487 within the Alcoholism and Drug Abuse budget and establishing fixed assets for the purchase of equipment for the Stabilization Center.

BT-26

20. Director of Health and Human Services Agency and Compliance Officer request acceptance of the Compliance Program Quarterly Report for the period ending October 3, 2001.

21. Director of Public Works requests approval of and authorization for Chairman to sign Amendment No. 2 to Agreement No. 4395 with BD Morgan Investigations Group modifying the weekly rate for security services related to the Library's expanded hours.

A-4395

(AMEND. 2)

22. Director of Public Works requests acceptance of the work as complete and authorization for Chairman to sign and file a Notice of Completion with the Clerk/Recorder for Contract

No. RDS 00-27, "Linda Vista Road Repair Project.

23. Director of Public Works requests acceptance of the work as complete and authorization for Chairman to sign and file a Notice of Completion with the Clerk/Recorder for Contract

No. RDS 00-17, "Seal Coat Resurfacing at Various Locations in Napa County Project.

24. Job Training Director requests approval of and authorization for Chairman to sign the California Local Workforce Investment Area Grant Recipient Listing for the term July 1, 2001 through June 30, 2002 for the Governor's 15% Discretionary Grant.

25. Job Training Director requests approval of and authorization for Chairman to sign an agreement with Golden Gate University for a maximum of $18,968 for the term July 1, 2001 through June 30, 2002 for client education and training.

A-4604

26. Job Training Director requests approval of and authorization for Chairman to sign the following agreements for the term September 1, 2001 through June 30, 2002 for activities related to the After School Arts Program:

A. Agreement with Napa County Arts Council, Inc. for a maximum of $70,800; and

A-4605

B. Agreement with CyberMill, Inc. for a maximum of $70,400.

A-4606

27. Personnel Director requests adoption of a resolution, increasing Basic life insurance coverage for Management and Non-Classified employees; increasing Basic contribution rates for the County; Supplemental and Additional Supplemental rates for employees; monthly rates for retirees, and authorization for the Personnel Director to sign the agreements with Hartford Insurance, effective November 1, 2001.

R-01-121

28. Personnel Director requests adoption of a resolution amending the Departmental Allocation List, Table and Index, and Personnel Policies and approving a new class specification with regard to certain positions in the Assessor/Recorder-County Clerk Department, effective October 13, 2001.

R-01-122

29. Regional Coordinator requests approval of the following actions pertaining to the Customized Training Services Grant (Project INCLUSION):

A. Approval of and authorization for Chairman to sign a grant agreement with the United States Department of Labor, Office of Disability Employment Policy, in the amount of $749,394 for the term September 30, 2001 through September 29, 2002 to improve the employment and career advancement of people with disabilities through the One Stop delivery system in Napa, Sonoma, and Marin counties; and

A-4603

29. Continued

B. Approval of Budget Transfer No. 28 increasing appropriations for the Regional Training and Employment budget by $575,795.

(4/5 Vote Required)

BT-28

30. Regional Coordinator requests approval of Budget Transfer No. 27 appropriating $1,127,057 in the Regional Training Employment budget, with offsetting revenue from a variety of grant programs managed by the regional office.

(4/5 Vote Required)

BT-27

31. Approve minutes of Board of Supervisors’ meeting of August 28, 2001.

32. Discussion of items removed from the Consent Calendar.

NONE

APPROVED CONSENT CALENDAR NUMBERS 5 THROUGH 32

BW-D-V-L-R

Set Matters

33. 9:05 a.m. - Public Hearing - County Administrator to discuss and request adoption of a resolution decreasing rates charged by the Napa Valley Disposal Service, Inc. (NVDS) to Garbage Zone One, located generally in the unincorporated areas of Napa County in the vicinity of the Cities of Napa and American Canyon, effective October 1, 2001.

PUBLIC HEARING HELD

ADOPTED RESOLUTION V-BW-L-D-R R-01-123

34. 9:10 a.m. - Presentation of Annual Report by the Napa County Commission on

Self Esteem. (Report on file with the Clerk of the Board)

PRESENTATION MADE

35. Closed Session:

Conference with Legal Counsel - Anticipated Litigation:

Significant exposure to litigation pursuant to Government Code

Section 54956.9(b): (One Case)

CLOSED SESSION HELD – NO REPORT

36. 9:25 a.m. - Public Hearing - Board to consider appeal filed by Stuart Sloan, et al., to a decision by the Conservation, Development and Planning Commission on July 18, 2001 to approve Kathryn Hall Winery – Use Permit Request No. 00166-UP to establish a winery with an annual production of 18,000 gallons per year within a proposed 4,600 square foot winery building and for the following: (a) 6,400± square feet of proposed caves attached to the winery; (b) private marketing activities; and (c) to utilize an existing off-site wastewater pond. The winery site is 40.03 acres, located on Auberge Road, a private road off of Rutherford Hill Road, 7,000± feet north of Silverado Trail within an Agricultural Watershed (AW) Zoning District (Assessor’s Parcel No. 030-300-033); the wastewater pond is located on Assessor’s Parcel No. 030-300-026 SFAP, owned by Rutherford Hill Winery; and crosses Assessor’s Parcel No. 030-300-034 SFAP. Environmental Determination: Negative Declaration adopted. (Continued from September 18 and September 25, 2001. (Applicant requests continuance to October 23, 2001 at 9:15 a.m.; Appellant concurs)

PUBLIC HEARING CONTINUED TO OCTOBER 23, 2001 AT 9:15 A.M.

V-BW-L-D-R

37. 9:30 a.m. - Public Hearing - Board to consider appeal filed by Malcolm A. Mackenzie, Attorney on behalf of Robert and Patricia Bagnato, Gaye Cook, Andrew and Julie Johnson, Frank and Phyllis Malachwiej, Earl and Kristen Martin, Edwin and Marcia Shonfeld and Milton and Barbara Wilson to a decision by the Conservation, Development and Planning Commission on May 16, 2001 to approve John Livingston Winery - Use Permit Request

No. 99543-MOD to expand the production capacity from 10,000 to 20,000 gallons per year, redesign the winery building of 5,700 square feet and expand cave use by 800 square feet, add two full time employees, add two customer parking spaces, add to the existing leach field, add retail sales and public tours and tasting by appointment and a marketing plan located on a 27.9 acre parcel at the terminus of Cabernet Lane approximately 850 feet west of Whitehall Lane within Agricultural Lane (Assessor’s Parcel No. 027-440-007). Environmental Determination: Negative Declaration adopted. (Public Hearing continued from August 28, 2001; Staff requests continuance to October 23, 2001 at 9:30 a.m.; Applicant and Appellants concur)

PUBLIC HEARING CONTINUED TO OCTOBER 23, 2001 AT 9:30 A.M.

V-BW-L-D-R

38. 9:30 a.m. - Public Hearing - Board to consider:

Napa Sanitation District – General Plan Amendment Request No. GPA 95-06. Board to consider adoption of resolution to approve General Plan Amendment on 306 acres of property owned by the Napa Sanitation District, to change the land use map in the County General Plan from Public Institutional to Agriculture Watershed and Open Space. The land use map change will allow a golf course as a use with an approved use permit for same. The golf course is not an allowable use in the current Public Institutional land use designation. The site is located west of Devlin Road, south of Soscol Ferry Road, north of Sheehy Creek, and east of the California Northern railroad tracks within the Agricultural Watershed:Airport Compatibility Combination (AW:AC) Zoning District. (Assessor’s Parcel Nos. 046-400-015; 046-400-016; 057-010-036 and

057-010-037) Environmental Determination: Environmental Impact Report certified.

38. Continued

SUPERVISOR VARRELMAN MADE A MOTION, SECONDED BY SUPERVISOR WAGENKNECHT TO DECLARED INTENT TO UPHOLD THE APPEAL FILED BY THE NAPA COUNTY FARM BUREAU AND DENY THE GENERAL PLAN AMENDMENT.

HOWEVER, FOLLOWING DISCUSSION, A SUBSTITUTE MOTION WAS MADE TO CONTINUE THE PUBLIC HEARING TO JANUARY 15, 2002 AT

9:15 A.M., WHICH FAILED ON THE FOLLOWING ROLL CALL VOTE: D-L-V-BW-R

N N N

THE BOARD PROCEEDED TO VOTE ON THE ORIGINAL MOTION TO DECLARED INTENT TO UPHOLD THE APPEAL FILED BY THE NAPA COUNTY FARM BUREAU AND DENY THE GENERAL PLAN AMENDMENT. V-BW-L-D-R

N N

PUBLIC HEARING CONTINUED TO JANUARY 15, 2002 AT 9:15 A.M., TO ALLOW THE APPLICANT TO REVISE THEIR PROJECT.

V-L-D-BW-R

Three (3) appeals filed as to the decision of the Conservation, Development and Planning Commission on April 18, 2001 to approve HCV Napa Associates LLC - Use Permit Request No. 98177-UP - Development plan to construct a resort, golf course, and convention center on a 405-acre site located within and adjacent to the Napa Airport Industrial Area Specific Plan business park. The resort consists of 458 guest rooms and 36 guest villas, for a total of 494 guest rooms and suites; two restaurants, a bar, a wine shop, and a deli, for a combined seating capacity of 450; a total of 120,580 square feet of conference space with 52,380 square feet in Phase One and 68,200 square feet in Phase Two (including a freestanding 45,500 square foot conference building) a 9,528 square foot spa facility; and two pools. Total building area would be approximately 564,513 square feet. The proposed golf course is an 18-hole championship course, with pro shop, driving range, parking, and access roads, located on land owned by the Napa Sanitation District, and would utilize treated effluent from the District for irrigation purposes. The project also includes bicycle/pedestrian paths, 40 acres of landscaping, 61 acres of vineyards, and a total of 771 parking spaces in Phases One and Two. The use permit also includes a request to allow various architectural features to exceed the 35 foot height limit set forth in Section 18.80.050.E of the Airport Compatibility Zoning District. The project site is located west of Devlin Road, south of Soscol Ferry Road, north of Sheehy Creek, and east of the California Northern railroad tracks within the Industrial Park: Airport Compatibility Combination (IP:AC) and Agricultural Watershed: Airport Compatibility Combination (AW:AC) Zoning Districts. (Assessor’s Parcel Nos. 046-400-015, 046-400-016,

057-010-036 and 057-010-037; 057-020-006, 057-020-017, 057-020-018,

057-020-020 and 057-020-025; 057-170-001 and 057-170-010; 057-210-002). Environmental Determination: Environmental Impact Report Certified.

38. Continued

The appeals were filed by:

A. Napa Sierra Club

B. Napa County Farm Bureau

C. HCV Napa Associates LLC

(Public Hearings continued from June 26, July 31, and September 11, 2001)

THE BOARD DECLARED INTENT TO DENY THE APPEAL(S) AND TO CERTIFY THE ENVIRONMENTAL IMPACT REPORT (EIR) BASED ON THE FACT THAT FINDINGS OF OVERRIDDING CONSIDERATION CANNOT BE MADE DUE TO IDENTIFIED UNMITIGATED, ADVERSE ENVIRONMENTAL EFFECTS. V-D-L-BW-R

RESOLUTION CERTIFYING THE EIR AND ADOPTING FINDINGS OF FACT AND DECISION ON THE APPEAL(S) TO BE SCHEDULED FOR BOARD CONSIDERATION JANUARY 15, 2002 AT 9:15 A.M.

39. Discussion and possible action regarding legislation.

NONE

40. Board of Supervisors’ Committee Reports and Announcements.

SUPERVISOR LUCE REPORTED ON ASSOCIATION OF BAY AREA GOVERNMENTS' (ABAG) REGIONAL PLANNING SESSION HELD OCTOBER 6, 2001.

41. Board of Supervisors’ Future Agenda Items.

NONE

Adjournment

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, OCTOBER 16, 2001 AT 9:00 A.M.

MIKE RIPPEY

Chairman

MARY JEAN MCLAUGHLIN

Clerk of the Board of Supervisors

TERI SISSON

Supervising Clerk of the Board

KEY

Vote: L = Mark Luce; R = Mike Rippey; V = Mel Varrelman; D= Bill Dodd;

BW = Brad Wagenknecht

Notations under Vote: N = No; X = Excused; A = Abstain