MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

October 16, 2001

1. Call to Order.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, OCTOBER 16, 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.

THERESA ZIMNEY, PROGRAM MANAGER, HEALTH AND

HUMAN SERVICES AGENCY LED THE SALUTE TO THE FLAG.

3. Public Comment.

JACK FICHTENBERG FROM THE VETERANS’ HOME IN YOUNTVILLE SPOKE CONCERNING A STATE WATER PROJECT THAT THE COUNTY DID NOT CHOOSE TO ADMINISTER AND IS CURRENTLY BEING ADMINSTERED BY THE CITY OF NAPA AND ELIGIBLE TO RECEIVE WATER. MR. FICTENBERG ENCOURAGED THE COUNTY TO TAKE PRECAUTIONS.

4. Department Heads’ Reports and Announcements.

COUNTY ADMINISTRATOR JAY HULL INTRODUCED

ALICE HUGHEY, MANAGEMENT ANALYST III WITH THE

COUNTY ADMINISTRATOR’S OFFICE.

Consent Calendar

5. Director of Corrections requests approval of Budget Transfer No. 34 transferring $15,000 within the Corrections budget and establishing a fixed asset for the purchase of kitchen equipment.

BT-34

6. Sheriff requests approval of and authorization for Chairman to sign a grant agreement with the State Department of Boating and Waterways in the amount of $45,000 for the term August 1, 2001 through July 31, 2002 for the purchase of a patrol boat and trailer.

7. Sheriff requests approval of and authorization to apply for a grant with the

California Office of Traffic Safety in the amount of $60,000 to fund a driving under the influence education and enforcement campaign.

8. Auditor-Controller requests the Board accept and instruct the Clerk of the Board to file the Audit Report for the fiscal year ended June 30, 2001 for the Napa Special Investigation Bureau-Special Investigation Fund. (Report on file with the Clerk of the Board)

9. Auditor-Controller requests the Board accept and instruct the Clerk of the Board to file the Follow-up Audit Reports for the fiscal year ended June 30, 2000 for the following departments: (Reports on file with the Clerk of the Board)

a. Treasurer-Tax Collector

b. Agricultural Commissioner/Sealer

c. Public Administrator/Public Guardian

d. Corrections

e. Fire Protection

f. University Cooperative Extension Service

g. Training and Employment Center

h. Library

10. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 3555 with the City of Napa for a maximum of $8,000 for the term July 1, 2001 through June 30, 2002 to provide services to the

Friday Night Live and Club Live Programs.

A-3555

11. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 1885 with Linda Bancke, Ph.D., for a maximum of $64,630 for the term July 1, 2001 through June 30, 2002 to provide psychological services.

A-1885

12. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4374 with Victor Treatment Centers, Inc., for a maximum of $360,484 for the term July 1, 2001 through June 30, 2002 to provide residential day treatment services.

A-4374

13. Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4203 with Troyer & Associates for a maximum of $31,000 for the term July 1, 2001 through June 30, 2002 to provide consultation services and program evaluation as required by the Drug Court Grant.

A-4203

14. Agricultural Commissioner requests approval of and authorization for Chairman to sign an agreement with the Napa Valley Grape Growers Association, the Napa Valley

Vintners Association and the Napa County Farm Bureau, for the sharing of costs related to the Napa County Glassy-winged Sharpshooter/Pierce's Disease Work Plan in Napa County.

A-4607

15. 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. PW 00-23, "Paint & Re-carpet of Drinking Driver Program (DDP) Offices Project."

16. Director of Public Works requests the following actions relating to the

"Carither's Building Roof Installation Project," PW 01-18:

a. Reject the lowest bidder, Clark Roofing, Inc., for submitting a

non-responsive bid;

b. Relieve Clark Roofing, Inc. of their bid and return their bid bond; and

c. Award the construction contract to Kodiak Roofing and Waterproofing Company of Loomis, California, for their second lowest bid of $85,000 and authorization for Chairman to sign the construction contract.

17. Acting Library Director requests authorization to amend the holiday closing schedule for the Napa Main Library as follows for the remainder of calendar year 2001:

Sunday November 11, 2001 Veteran's Day Closed

Friday November 23, 2001 Day after Thanksgiving Closed

Monday December 24, 2001 Christmas Eve Close at 5:00 P.M.

Monday December 31, 2001 New Year's Eve Close at 5:00 P.M.

18. Acting Library Director requests authorization to accept the following:

a. Grant in the amount of $25,000 from the Napa City-County Public

Library Foundation for computers for the American Canyon Library; and

b. Two grants totaling $15,000 from the Friends of the Napa Library for an acoustical wall in the Children's Room and for seismic shelving replacement.

19. Clerk of the Board requests appointment of the following person to serve on the

Law Library Board of Trustees with the term of office to expire January 1, 2002:

Theresa H. Francis, Attorney (To serve as Trustee for

Judge Raymond Guadagni, Superior Court)

20. Clerk of the Board requests appointment of the following three (3) applicants to the

Napa Valley Workforce Investment Board:

Applicants Representing Expiration of Terms

Carmen J. Garcia One Stop Partners July 1, 2002

Randolph Edwin Gourley Labor July 1, 2002

Mimi Gatens Private Sector To be determined

21. Information Technology Services Director requests approval of and authorization for Chairman to sign Amendment No. 2 to Agreement No. 4334 with Megabyte Systems, increasing the amount by $7,500 for a new maximum of $135,408 amending the scope of services for inter and intranet software and maintenance.

A-4334

(AMEND 2)

22. Personnel Director requests adoption of a resolution amending the

Departmental Allocation List, Table and Index and approving the new class specification for the position of LAFCO Staff Analyst in the Local Agency Formation Commission, effective October 16, 2001.

R-01-125

23. Regional Coordinator requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4485 with the County of Marin to include standard insurance provisions.

A-4485

(AMEND 1)

24. Regional Coordinator requests approval of and authorization for Chairman to sign an agreement with the County of Marin for a maximum of $50,000 for the term July 1, 2001 through June 30, 2002 to provide staff support to the Marin County

Workforce Investment Board.

A-4608

25. County Administrator requests the following actions regarding the

Tobacco Settlement Funds:

a. Approval of and authorization for Chairman to sign the following agreements for the term October 16, 2001 through September 30, 2002:

i) Agreement with Sister Ann Community Dental Clinic, Inc., for a maximum of $56,000;

A-4609

ii) Agreement with ALDEA, Inc., for a maximum of $160,000;

A-4610

iii) Agreement with Community Health Clinic Ole’ for a maximum of $200,000; and

A-4611

iv) Agreement with Community Action of Napa Valley for a maximum of $159,000.

A-4612

25. Continued

b. Approval of Budget Transfer No. 35, increasing appropriations in

County Contributions by $575,000 with offsetting revenue from the

Tobacco Settlement Trust.

(4/5 Vote Required)

BT-35

26. County Administrator/Purchasing Agent requests authorization to remove certain

fixed assets from the County's unassigned property list. (Complete list on file with the

Clerk of the Board)

27. Approved minutes of Board of Supervisors’ meeting of September 18, 2001.

28. Discussion of items removed from the Consent Calendar.

NONE

APPROVED CONSENT CALENDAR NUMBERS 5 THROUGH 28

V-BW-L-D-R

Set Matters

29. 9:05 a.m. - Don Peterson and Dale Wagerman, Napa County's Legislative Lobbyists, to provide Status Report.

STATUS REPORT PRESENTED

30. 9:25 a.m. - Presentation on the Non-Custodial Parent Demonstration Project and request for adoption of a resolution in support of the project.

PRESENTATION MADE

ADOPTED RESOLUTION BW-D-L-V-R R-01-126

31. 9:30 a.m. – Board of Supervisors meeting as a Board of Equalization.

(SEE BOARD OF EQUALIZATION MINUTES)

32. 10:00 a.m. - Public Hearing - Board to consider appeal filed by Nicholas R. Van Male, Attorney on behalf of Robert Lichtman, Wesley and Lauren Thollender, Earl and

Janet Thollender, Peggy Pochini, Marie R. Rogers, Madonna Day, Bud and Lisa Pochini and Peter and Libby Fourkas to the Conservation, Development and Planning Commission decision on May 2, 2001 to approve TOM EDDY - Use Permit Request No. 00175-UP to establish a 48,000 gallon/year winery within a proposed 10,200 square foot winery structure with retail sales by appointment only, a marketing plan, and custom production activities for 3 custom producers involving crushing, fermentation, barrel aging, bottling and utilizing up to 15,400 gallons/year of the proposed total production capacity, located on a 14+ acre parcel on the northeast side of State Highway 128, at the Napa/Sonoma County line within the Agricultural Watershed (AW) Zoning District. 3870 Highway 128.

(Assessor’s Parcel No. 017-110-001)

Environmental Determination: Negative Declaration adopted.

(Continued from August 7 and 21, 2001)

PUBLIC HEARING HELD

THE BOARD:

FOUND THAT IT HAS READ AND CONSIDERED THE ORAL AND WRITTEN TESTIMONY ON THE NEGATIVE DECLARATION AND INCLUDING THE INCLUSION OF NOISE MITITGATION MEASURES RECOMMENDED IN THE OCTOBER 10, 2001 REPORT PREPARED BY T.A. BARNEBEY, PH.D, AND AGREED TO BY THE APPLICANT;

THE NEGATIVE DECLARATION IS BASED UPON INDEPENDENT JUDGMENT BY THE BOARD OF SUPERVISORS; AND

ADOPTED THE NEGATIVE DECLARATION.

THE BOARD REFERRED THE MATTER TO COUNTY COUNSEL TO PREPARE FINDINGS OF FACT TO SUPPORT ITS DECISION FOR CONSIDERATION WITHIN THIRTY (30) DAYS.

L-D-V-BW-R

N

THE BOARD DECLARED INTENT TO DENY THE APPEAL AND APPROVE

USE PERMIT NO 00175-UP WITH THE FOLLOWING ADDITIONAL CONDITIONS OF APPROVAL REQUIRING THE APPLICANT TO:

· METER THE USE OF GROUNDWATER BY THE PROJECT TO ASSURE THE PROJECT IS NOT USING MORE THAN ITS FAIR SHARE ALLOCATION OF GROUNDWATER.

· MINIMIZE THE REMOVAL OF TREES TO THE GREATEST EXTENT POSSIBLE CONSISTENT WITH DEVELOPMENT OF THE PROJECT.

L-D-V-BW-R

N

33. 11:00 a.m. - Public Hearing - Board to consider appeal filed by Mary U. Akens, Attorney

on behalf of Citizens for Protection of Coombsville Environment to

Conservation, Development and Planning Commission decision on June 20, 2001 to approve PALMAZ - Use Permit Request No. 00243-UP to construct a new winery with an annual production capacity of 35,000 gallons in one phase within approximately 50,000 square feet of caves; tours and tasting by appointment and a marketing plan are proposed; cave spoils to be disposed of off-site; erosion control measures will be incorporated into the cave portal, road construction and other paved areas in accordance with the County’s standard procedures; process wastewater treatment involves a proposed underground system including storage, located at the eastern end of Hagen Road on a 120 acre parcel to be created by a lot line adjustment, within an Agricultural Watershed (AW) Zoning District. (Assessor’s Parcel Nos. 049-270-015, 049-270-016, 049-270-017 and 049-270-018; and

049-320-012 and 049-320-015)

Environmental Determination: Negative Declaration adopted.

(Staff requests continuance to November 13, 2001 at 10:00 a.m.)

PUBLIC HEARING OPENED – NO TESTIMONY PRESENTED

PUBLIC HEARING CONTINUED TO NOVEMBER 13, 2001 AT 10:00 A.M.

BW-L-V-D-R

34. 1:30 p.m. - Recess to the Napa County Flood Control and Water Conservation District (NCFCWCD) meeting.

(SEE NAPA COUNTY FLOOD CONTROL AND WATER CONSERVATION

DISTRICT MINUTES)

Regular Calendar

35. Discussion and possible action regarding legislation.

NONE

36. Board of Supervisors’ Committee Reports and Announcements.

NONE

37. Board of Supervisors’ Future Agenda Items.

NON-SPECIFIC DATE – DISCUSSION AND POSSIBLE ACTION REGARDING CONSTRUCTION OF CAVES FOR WINERIES.

(SUPERVISOR DODD)

38. Closed Session: None scheduled.

CLOSED SESSION NOT HELD

Adjournment

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, OCTOBER 23, 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