MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

December 4, 2001

1. Call to Order.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, DECEMBER 4, 2001 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRMAN MIKE RIPPEY, SUPERVISORS MARK LUCE, BILL DODD AND BRAD WAGENKNECHT.

SUPERVISOR MEL VARRELMAN WAS EXCUSED.

2. Pledge of Allegiance.

ASSESSOR/RECORDER/COUNTY CLERK JOHN TUTEUR LED THE SALUTE TO THE FLAG.

3. Public Comment.

NONE

4. Department Heads’ Reports and Announcements.

NONE

Consent Calendar

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 required);

BT-50

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.

A-4367

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;

A-3409

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

A-3484

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

A-3485

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

A-3820

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

R-01-147

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.

BT-45

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.

A-4642

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.

R-01-148

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.

A-4643

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.

A-4644

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.

19. Discussion of items removed from the Consent Calendar.

NONE

APPROVED CONSENT CALENDAR NUMBERS 5 THROUGH 18.

BW-D-V-L-R

X

Set Matters

20. 9:05 a.m. - Presentation by the Executive Director of the Regional Council of Rural Counties.

THE BOARD DECLARED INTENT TO JOIN 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).

PUBLIC HEARING HELD

APPROVED REQUEST D-BW-V-L-R

X

22. 9:10 a.m. - Closed Session regarding:

Conference with Legal Counsel – Anticipated Litigation

Significant exposure to litigation pursuant to Government Code

Section 54956.9(b): (Four cases)

CLOSED SESSION HELD - NO REPORT

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)

ADOPTED RESOLUTION D-BW-V-L-R R-01-149

X

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

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.).

PUBLIC HEARING HELD

TITLE READ

THE BOARD WAIVED READING BALANCE OF ORDINANCE

ADOPTED ORDINANCE D-BW-V-L-R 0-1187

X

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)

ADOPTED RESOLUTION D-L-BW-V-R R-01-150

X

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)

26. Continued

PUBLIC HEARING CONTINUED TO LATER IN THE DAY

D-BW-L-V-R

X

PUBLIC HEARING HELD

THE BOARD FOUND THAT IT HAS READ AND CONSIDERED THE ORAL AND WRITTEN TESTIMONY ON THE NEGATIVE DECLARATION AND THAT THE NEGATIVE DECLARATION IS BASED UPON INDEPENDENT JUDGMENT BY THE BOARD OF SUPERVISORS AND ADOPTED THE NEGATIVE DECLARATION. BW-D-L-V-R

X

TITLE READ

THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE

BW-D-L-V-R

X

THE BOARD DECLARED INTENT TO ADOPT ORDINANCE

D-BW-L-V-R

X

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

TITLE READ

THE BOARD WAIVED READING BALANCE OF ORDINANCE

BW-D-L-V-R

X

27. Continued

ADOPTED ORDINANCE, AS AMENDED AT THE MEETING.

BW-L-D-V-R O-1188

X

STAFF TO CONTINUE WITH THE WORK THAT WAS OUTLINED AT THE MEETING AND ZONING REGULATIONS TO IMPLEMENT CHANGES TO THE NAPA COUNTY CODE INCLUDING CONSIDERATION OF PERTINENT SUGGESTIONS AND INSURING A POSITIVE OUTCOME OF THE ELECTION .

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))

NO ACTION TAKEN

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.

RECOMMENDATIONS PRESENTED BY HOUSING PROGRAM COORDINATOR JENNY GOMEZ.

CONTINUED TO DECEMBER 11, 2001

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

(SEE NAPA COUNTY FLOOD CONTROL AND WATER CONSERVATION

DISTRICT MEETING MINUTES)

Regular Calendar

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

APPOINTED ERIC J. JOYCE D-L-BW-V-R

X

31. Discussion and possible action regarding legislation.

NONE

32. Board of Supervisors’ Committee Reports and Announcements.

SUPERVISOR WAGENKNECHT REPORTED ON ANNUAL CALIFORNIA COUNTIES SUPERVISORS ASSOCIATION MEETING AND THE INTERESTING DISCUSSIONS AND ACTIVITIES THAT OCCURRED INCLUDING CONCENSUS ON AGRICULTURE AND OPEN SPACE BY COUNTIES WITH DIFFERENT POINTS OF VIEW.

33. Board of Supervisors’ Future Agenda Items.

NONE

Adjournment

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, DECEMBER 11, 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