MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

May 14, 2002

1. Call to Order.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, MAY 14, 2002 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRMAN BILL DODD, SUPERVISORS MARK LUCE, MEL VARRELMAN AND MIKE RIPPEY.

SUPERVISOR BRAD WAGENKNECHT WAS EXCUSED.

2. Pledge of Allegiance.

SUPERVISOR MEL VARRELMAN LED THE SALUTE TO THE FLAG.

3. Public Comment.

NONE

4. Department Heads’ Reports and Announcements.

NONE

Consent Calendar

5. Chief Probation Officer requests authorization for out of state travel for Manuel Aguirre, Deputy Probation Officer, to attend the National Youth Gang Symposium in Orlando, Florida, from June 10-13, 2002, at an estimated cost of $1,450.

6. Sheriff requests authorization for out of state travel for Lt. John Robertson, Sgt. Tracey Stuart, and members of the Sheriff’s Activities League Bike Team to attend the following National Championship Mountain Bike Races at no cost to the County:

A. June 13-16, 2002 in East Roy, Wisconsin;

B. June 20-23, 2002 in Snowshoe Mountain, West Virginia;

C. August 1-4, 2002 in Durango, Colorado; and

D. August 15-18, 2002 in Mount Snow, Vermont.

7. Sheriff requests ratification of a lease with the California Department of Mental Health for an annual maximum of $1,100 for the term March 1, 1999 through February 28, 2004 for the Sheriff’s Activities League program.

8. Sheriff requests approval of the following in relation to the purchase of an Evidence Barcode Tracking System:

A. Budget Transfer No. 112 transferring $22,594 within the Sheriff’s budget;

BT-112

B. Establishment of a fixed asset in the same amount for the above referenced system (4/5 Vote Required); and

C. Waiver of competitive bidding requirements and authorization for a sole source award to Que Tel Corporation of Herndon, Virginia.

9. Acting Director of Health and Human Services requests approval of the following actions relating to Partnership HealthPlan of California:

A. Approval of and authorization for Chairman to sign a letter of support for a Long Term Care Integration (LTCI) planning grant; and

B. Authorization for the Acting Director of Health and Human Services to appoint three (3) County members to the LTCI Task Force.

10. Acting Director of Health and Human Services requests approval of and authorization for Chairman to sign an agreement with Pacific Union College for the term May 14, 2002 though June 17, 2002 for fieldwork performed at the Agency.

A-4750

11. Acting Director of Health and Human Services requests approval of and authorization for Chairman to sign an agreement with Healthy Partnerships, Inc., for a maximum of $14,000 for the term February 15, 2002 through June 30, 2002 to provide consultation regarding the development of the Residential Stabilization Center.

A-4751

12. Acting Director of Health and Human Services requests approval of and authorization for Chairman to sign an agreement with Sapphire Technologies, Inc. for $21,800 for the term May 14, 2002 through June 30, 2002, to provide consultation regarding the ECHO billing system.

A-4752

13. Acting Director of Health and Human Services requests:

A. Approval of and authorization for Chairman to sign the following amendments to the California Department of Health Services (CDHS) AIDS education and prevention agreements, increasing the amount by $75,000 over three years for a new maximum of $676,815:

i) Amendment No. 2 to Agreement No. 3409, CDHS Master Grant Agreement; and

A-3409

(AMEND. 2)

ii) Amendment No. 2 to Agreement No. 3820, Memorandum of

Understanding.

A-3920

(AMEND. 2)

B. Approval of Budget Transfer No. 111 increasing appropriations by $25,000 in the Public Health budget, with offsetting revenue from CDHS. (4/5 vote required)

BT-111

14. Acting Director of Health and Human Services requests approval of Budget Transfer No. 113 for $24,947 from the County Bounty Trust Fund to purchase furniture and supplies. (4/5 Vote Required)

BT-113

15. Agricultural Commissioner requests approval of Budget Transfer No. 114 appropriating $50,000 in the Agricultural Commissioner budget, with offsetting revenues from the State Agricultural Gas Tax Fund. (4/5 Vote Required)

BT-114

16. Director of Conservation, Development and Planning requests the following actions in relation to the purchase of a large format printer:

A. Approval of Budget Transfer No. 110 transferring $7,214 within the Planning budget; and

BT-110

B. Establishment of a fixed asset in the same amount for said printer.

(4/5 Vote Required)

17. County Fire Chief requests approval of Budget Transfer No.109 transferring $8,000 within the Fire Protection budget and establishing a fixed asset for a combination purchase ($8,000) and donation ($37,710) of a fire prevention trailer from the Napa County Firefighter’s Association for a total fixed asset value of $45,710. (4/5 Vote Required)

BT-109

18. County Fire Chief requests authorization for Auditor-Controller to pay claims over one year old totaling $235 to the California Department of Forestry and Fire Protection for training certification.

19. Director of Public Works requests authorization for Auditor-Controller to pay a claim over one year old totaling $579 to Coastland Civil Engineering, Inc. for pavement inspection services.

20. Director of Public Works requests approval of and authorization for Chairman to sign an agreement with Terrance E. Lowell & Associates, Inc. for a maximum of $6,180 for the term May 14, 2002 through August 31, 2002 to prepare the 2002/2003 annual assessments related to County Service Area No. 3 (CSA 3).

A-4753

21. Director of Public Works requests approval of and authorization for Chairman to sign an agreement with Kenwood Energy for a maximum of $12,656 for the term May 14, 2002 through June 30, 2003 to develop energy-efficiency improvement options for County buildings.

A-4754

22. Clerk of the Board requests appointment of Teresa Zimny to serve on the Napa County Children and Families Commission as a County representative with the term of office to commence immediately and expire on January 1, 2006.

23. County Counsel requests the following actions:

A. Determine it will not participate in the Year 2002 Tax and Revenue Anticipation Note Program on behalf of the Napa Valley Community College District because the District has chosen to participate in a pooled cash flow borrowing program sponsored by the Community College League of California Cash Flow Financing Program; and

B. Direct staff to advise Bond Counsel for the District of the Board’s decision not to participate.

24. Napa County Deferred Compensation Board of Control and County Counsel request adoption of a resolution approving and adopting the “Restated and Amended 457 Deferred Compensation Plan and Trust/Custodial Document” which was approved and adopted by the Board of Control on April 22, 2002.

R-02-95

25. Acting Personnel Director requests adoption of a resolution amending the Table and Index and Departmental Allocation List with regards to deleting one (1) Land Information Mapping Specialist and adding one (1) Planner I/II position in the Conservation, Development and Planning Department, effective May 14, 2002.

R-02-100

26. Acting Personnel Director requests adoption of a resolution amending the Table and Index with regard to the Staff Psychiatrist, effective May 25, 2002.

R-02-101

27. County Executive Officer requests authorization for out of state travel for the annual PeopleSoft Conference in New Orleans, Louisiana, from August 25-29, 2002, for staff from the following departments: Information Technology Services (6), Auditor-Controller (3), Treasurer-Tax Collector (1), and County Executive Officer (1).

28. County Executive Officer requests approval of and authorization for Chairman to sign an agreement with John Volpi for $2,145 for the term May 9, 2002 through May 31, 2002 to provide emergency services in the absence of the Emergency Services Manager.

A-4755

29. Approve minutes of Board of Supervisors’ meetings of April 9, April 16, and

April 23, 2002.

30. Discussion of items removed from the consent calendar.

NONE

APPROVED CONSENT CALENDAR NUMBERS 5 THROUGH 29.

R-L-BW-V-D

X

Set Matters

31. 9:10 a.m. - Consideration and possible adoption of a resolution, including findings, implementing the Board's decision upholding on appeal the decision of the Conservation, Development and Planning Commission approving Use Permit No. 00088-UP, the Olney Winery, located on the west end of Dry Creek Road, approximately 1,500 feet south of its intersection with Linda Vista Avenue, in an Agricultural Watershed (AW) Zoning District, Assessor's Parcel Number 035-120-035. (Public Hearing Closed)

(Continued from May 7, 2002)

CONTINUED TO MAY 21, 2002 AT 2:30 P.M.

D-V-L-BW-R

X

32. 9:15 a.m. - Public Hearings - County Counsel requests the following actions relating to Small Wind Energy Systems:

A. Adoption of a Negative Declaration with findings as recommended.

B. First and final reading and adoption of an ordinance amending Title 18 of the Napa County Code to add a new Chapter 18.117 entitled, Small Wind Energy Systems, which is intended to provide for the allowable local level of review, restriction and approval of small wind energy systems under recently enacted State law (Government Code Section 65892.13).

C. Adoption of a resolution establishing a $1,750 fee for review of projects subject to the new Chapter 18.117, entitled Small Wind Energy Systems relating to the installation and use of small wind energy systems in the unincorporated areas of Napa County. Environmental Determination: Categorically Exempt pursuant to CEQA Guideline 15273(a)(1) rates, tolls, fares and charges.

PUBLIC HEARING HELD

ADOPTED NEGATIVE DECLARATION

V-R-L-BW-D

X

TITLE READ

THE BOARD WAIVED READING BALANCE OF ORDINANCE.

R-L-BW-V-D

X

ADOPTED ORDINANCE L-R-V-BW-D O-1197

X

ADOPTED RESOLUTION L-R-V-BW-D R-02-102

X

33. 9:30 a.m. - Public Hearing - Director of Conservation, Development and Planning requests the following actions relating to Discount Auto Dismantlers and Towing, located at 450 Tower Road (APN 057-110-023):

A. Consideration and possible adoption of resolution determining:

i) Whether conditions constitute a public nuisance pursuant to

ii) Napa County Code Section 1.20.050; and

ii) Whether the County should abate the nuisance, and if so, whether to levy an assessment against the property to recover the County’s cost of abatement.

B. Authorization to serve notice by posting and by publication pursuant to Government Code Section 6064.

Environmental Determination: Categorically Exempt. (Continued from March 26 and April 16, 2002. Staff requests continuance of Public Hearing to June 18, 2002 at

9:30 a.m.)

THE BOARD AUTHORIZED STAFF TO SERVE NOTICE BY POSTING AND PUBLICATION, PURSUANT TO GOVERNMENT CODE SECTION 6064. V-R-L-BW-D

X

PUBLIC HEARING CONTINUED TO JUNE 18, 2002 AT 9:30 A.M.

R-V-L-BW-D

X

34. 9:40 a.m. - Director of Conservation, Development and Planning requests waiver of permit fees associated with the Phelps Farmworker Housing Project.

APPROVED REQUEST R-L-BW-V-D

X

35. 10:00 a.m. - Public Hearing - First and final reading and adoption of Proposed Ordinance Amendment No. 00232-ORD adding Chapter 18.104.245 to the Napa County Code for the purpose of modifying minimum parcel size and setback requirements for establishing Pre-Prohibition wineries. Environmental Determination: Negative Declaration Prepared. According to the Negative Declaration, the proposed project would have, if mitigation measures are not included, potentially significant environmental impacts in the following areas: None.

PUBLIC HEARING HELD

ADOPTED NEGATIVE DECLARATION

R-L-BW-R-D

X

THE BOARD WAIVED READING BALANCE OF ORDINANCE.

R-L-BW-R-D

X

ADOPTED ORDINANCE R-L-BW-R-D O-1198

X

36. 10:00 a.m. - Public Hearing - Appeal filed by Thomas F. Carey, Attorney on behalf of Bighorn Cellars, LLC, to a decision by the Conservation, Development and Planning Commission on February 20, 2002 to approve Bighorn Cellars, LLC/Alfred & Mary Bishop Use Permit Request No. 00275-MOD to modify Use Permit No. 95036-UP, to increase annual production from 15,000 to 30,000 gallons, add on-site bottling and to allow the use of 3,500 square feet for wine storage by other entities, located on a 1.16-acre parcel on the south of State Highway 121, approximately 800 feet west of its intersection with Atlas Peak Road within a Commercial Limited (CL) Zoning District.

(Assessor’s Parcel No. 049-110-003) 1821 Monticello Road, Napa.

Environmental Determination: Mitigated Negative Declaration adopted. (Continued from April 23, 2002; (Applicant/Appellant requests withdrawal)

THE BOARD ACCEPTED WITHDRAWAL OF THE APPEAL.

L-V-BW-R-D

X

Regular Calendar

37. Clerk of the Board requests appointment of the following applicants to serve on the Napa County Commission on Self-Esteem with the terms of office to expire on June 30, 2005:

Applicants

Sarah Hebb Carpenter

Synthia S. Smith

SUPERVISOR LUCE NOMINATED AND THE BOARD APPOINTED

SARAH HEBB CARPENTER.

SUPERVISOR VARRELMAN NOMINATED AND THE BOARD APPOINTED SYNTHIA S. SMITH

R-V-L-BW-D

X

38. County Executive Officer recommends appointment of Natasha Merkuloff-Nichols as Director of Child Support Services, effective June 8, 2002.

APPOINTMENT MADE AS RECOMMENDED

R-V-L-BW-D

X

THE BOARD CONGRATULATED MS. MERKULOFF-NICHOLS ON HER APPOINTMENT.

39. Discussion and possible action regarding legislation.

NONE

40. Board of Supervisors’ Committee Reports and Announcements.

CHAIRMAN DODD REPORTED REGARDING COUNTY CONTRACT WITH NAPA RENTAL INFORMATION AND MEDIATION SERVICE AND REPORT THAT IS FORTHCOMING ON THE ISSUES.

41. Board of Supervisors’ Future Agenda Items.

NONE

42. Closed Session.

CLOSED SESSION HELD – NO REPORT

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

MAY 21, 2002 AT 9:00 A.M.

BILL DODD, CHAIRMAN

ATTEST:

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