MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

December 10, 2002

1. Call to Order.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, DECEMBER 10, 2002 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRMAN BILL DODD, SUPERVISORS MARK LUCE, MEL VARRELMAN, MIKE RIPPEY AND BRAD WAGENKNECHT.

2. Pledge of Allegiance.

JIM HINCH LED THE SALUTE TO THE FLAG.

3. Presentation of Proclamation to Jean Phillips proclaiming December 10, 2002 as “Jean Phillips Day” in Napa County.

PRESENTATION MADE

4. Public Comment.

HERBERT FORD REQUESTED CLOSED SESSION ITEMS BE SCHEDULED EITHER AT THE BEGINNING OR THE ENDING OF THE BOARD’S AGENDA FOR PUBLIC CONVENIENCE.

5. Department Heads’ Reports and Announcements.

NONE

Consent Calendar

6. Chief Probation Officer requests approval of and authorization for Chairman to sign an agreement with Fresno Unity Group Homes, Inc., for a maximum of $45,222 for the term October 1, 2002 to June 30, 2003 to provide housing, counseling and medical costs for a Napa County ward.

A-4890

7. Sheriff requests approval of Budget Transfer No. 148 increasing appropriations by $16,787 with offsetting revenue from the California Law Enforcement Equipment Program Trust Account (CLEEP) for the purchase of computer equipment. (4/5 Vote Required)

BT-148

8. Auditor-Controller requests the Board accept and instruct the Clerk of the Board to file the following Audit Reports for the Napa County Department of Corrections: (Reports on file with Clerk of the Board)

A. Department of Corrections for the fiscal year ended June 30, 2001;

B. Inmate Welfare Trust for the fiscal year ended June 30, 2001; and

C. Inmate Cash Revolving Fund for the fiscal year ended June 30, 2002.

9. Treasurer/Tax Collector requests adoption of a resolution approving the sale of tax-defaulted property at public auction and authorization to re-offer any unsold parcel at a reduced minimum bid. (Copy of property schedule subject for auction on file with the Clerk of the Board)

R-02-240

10. Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4514 with Shasta County Private Industry Council for a maximum of $10,190 for the term July 1, 2002, through June 30, 2003, for services and monthly maintenance of the SMARTware2000 client tracking system. A-4514

11. Director of Health and Human Services requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4526 with Napa County Transportation Planning Agency, decreasing the amount by $18,572 for a new maximum of $62,954, for the provision of transit services under the Low Income Flexible Transit Program (LIFT).

APPROVED AS AMENDED TO REFLECT DECREASING THE AMOUNT BY $18,570 (RATHER THAN 18,572) A-4526

(AMEND. 1)

12. Director of Health and Human Services requests approval of the following actions regarding operation of the winter shelter:

A. Authorization for Chairman to sign Amendment No. 1 to Agreement No. 2556 with Community Action of Napa Valley, Inc. to provide a sub-grant of funds to the County for shelter rent; and A-2556

(AMEND. 1)

B. Budget Transfer No. 40 increasing appropriations by $6,125 with offsetting revenue in the Social Services budget. (4/5 Vote Required)

BT-40

13. County Fire Chief requests approval of and authorization for Chairman to sign a Joint Powers Agreement with the cities of St. Helena, Calistoga, Napa, and the American Canyon Fire Protection District for the use of the Fire Safe House Demonstration Trailer.

HELD FOR DISCUSSION

APPROVED A-4891

14. Director of Public Works acting as the County Road Commissioner requests adoption of a resolution for County Maintained Road Mileage (CMM) pursuant to Section 2121 of the Streets and Highways Code. R-02-241

15. Director of Public Works requests approval of and authorization for Chairman to sign an agreement with the State of California Department of Fish and Game for the term December 10, 2002 through December 9, 2017 for the operation and maintenance of the Napa River Ecological Reserve. A-4892

16. County Counsel requests that the Board of Supervisors call a special meeting of the Board of Supervisors, pursuant to Government Code Section 54956, to be held Thursday, December 12, 2002, commencing at 8:00 a.m., at the Gasser Building, 433 Soscol Avenue, Napa, California, for the sole purpose of conducting a closed session, authorized by Government Code Section 54957, to discuss, and possibly take action, on the following matter: Appointment of the County Executive Officer.

17. Human Resources Director requests approval to pay off accrued vacation up to 400 hours to a Probation Officer III who is retiring effective December 28, 2002.

18. Human Resources Director requests adoption of a resolution amending the Departmental Allocation List with regards to the extension of certain Limited Term positions in the Regional Training Employment, Substance Abuse Services, Social Services, and Public Works Departments, effective December 28, 2002. (Details on file with Clerk of the Board) R-02-242

19. Information Technology Services Director requests authorization to purchase up to 100 units of training in PeopleSoft software at an approximate cost of $525 per unit for a maximum of $52,500.

20. Regional Training Employment Coordinator requests approval of and authorization for Chairman to sign an agreement with Sonoma County Human Services Department for a maximum of $133,730 for the term of October 1, 2002 through December 31, 2002 to coordinate the Caregiver Training Initiative in Sonoma County. A-4893

21. Acting County Executive Officer requests adoption of resolution regarding adjustments in the allocation of property and other taxes as a result of the American Canyon Road/Flosden Road Annexation No. 3 to City of American Canyon and American Canyon Fire Protection District.

R-02-243

22. Acting County Executive Officer requests approval of and authorization for Chairman to sign Amendment No. 2 to Agreement No. 4330 with Deloitte & Touche, LLP, for a maximum of $100,000 for the term December 10, 2002, through June 30, 2003, to evaluate compliance and billing practices. A-4330

(AMEND. 2)

23. Acting County Executive Officer/Purchasing Agent requests approval of and authorization for Chairman to sign an agreement with Paula Stabler for $25,000 for the term December 10, 2002 through June 30, 2003 to provide space planning and systems furniture coordination services.

A-4894

24. Discussion of items removed from the consent calendar.

SEE NUMBERS 13 AND 23.

APPROVED CONSENT CALENDAR NUMBERS 1 THROUGH 23, AS AMENDED.

BW-R-L-V-D

Set Matters

25. 9:05 a.m. – Public Hearing - Consideration and possible rescission of the existing Type “F” Contract No. 139/77/F for Assessor’s Parcel No. 049-080-024, and substitution of the following three (3) agricultural preserve contract amendments relating to a single lot line adjustment application for the lands of Arcadia Vineyards, LLC:

(1) Type “H” Contract No. 02222-AGK for 40.00 acres (Assessor’s Parcel No. 049-080-026) of the original 125.51 acres of contracted land.

(2) Type “H” Contract No. 02223-AGK for 60.60 acres (Assessor’s Parcel No. 049-080-027) of the original 125.51 acres of contracted land.

(3) Type “H” Contract No. 02224-AGK covers 32.34 acres (Assessor’s Parcel No. 049-080-025) of the original 125.51 acres of contracted land.

Environmental Determination: Categorically Exempt under 14CCR15317 (“Class 17”)-Establishment of agricultural preserves and execution of contracts under the Williamson Act.

PUBLIC HEARING HELD

APPROVED REQUEST V-L-R-BW-D

26. 9:10 a.m. - First reading and intention to adopt an ordinance amending Section 2.04.040 of the Napa County Code relating to the compensation of the members of the Board of Supervisors and implementing the 401(a) Match currently available to all members of the Non-Classified Service except the Board of Supervisors. Environmental Determination: Exempt from California Environmental Quality Act (CEQA). No possibility the ordinance will have a significant effect on the environment. CEQA Guideline 15061(b)(3) [14 CCR 15061(b)(3)].

TITLE READ

THE BOARD WAIVED READING BALANCE OF THE ORDINANCE.

V-BW-L-R-D

THE BOARD DECLARED INTENT TO ADOPT THE ORDINANCE.

V-BW-L-R-D

27. 9:15 a.m. – Public Hearing - First and final reading and adoption of proposed Ordinance Amendment No. 02467 amending various sections of the Napa County Code regarding zoning regulations principally applicable in the Berryessa Highlands Subdivision.

Environmental Determination: Categorically Exempt. (General Rule, Class 5-Minor Alterations in Land Use Limitations)

PUBLIC HEARING HELD

TITLE READ

THE BOARD WAIVED READING BALANCE OF THE ORDINANCE.

BW-R-L-V-D

THE BOARD ADOPTED THE ORDINANCE.

BW-R-L-V-D O-1212

28. 9:15 a.m. – Public Hearing - Appeal filed by Joseph F. Barletta and D. Michael Enfield to a decision by the Director of Public Works to approve a lot line adjustment of the lands of Lyle E. and Jean M. Schafer and Silverado Owners Association. Continued from

November 12, 2002. Staff requests continuance to January 7, 2003 at 10:30 a.m.

PUBLIC HEARING CONTINUED TO JANUARY 7, 2003 AT 10:30 A.M.

V-BW-L-R-D

29. 9:20 a.m. – Public Hearing - Appeal by Norbert J. Dickman to the approval by the Director of Public Works of a lot line adjustment application of the lands of James Creek Vineyards, LLC.

(Continued from September 24 and October 22, 2002. Applicant and Appellant request continuance to January 14, 2003 at 10:30 a.m.

PUBLIC HEARING CONTINUED TO JANUARY 14, 2003 AT 10:30 A.M.

V-BW-L-R-D

30. 9:20 a.m. - Closed Session.

Public Employee appointment (Government Code Section 54957)

Title: County Executive Officer

CLOSED SESSION HELD – NO REPORT

31. 9:40 a.m. - Recess to the Napa Valley Exposition, Chardonnay Hall (Napa Fairgrounds),

575 Third Street, Napa, for Public Hearing on Agenda Item No. 32 and remainder of Agenda.

THE BOARD RECESSED FOR ITEM NUMBER 32 AND THE REMAINDER OF THE AGENDA.

32. 10:00 a.m. – Public Hearing - County Counsel requests first and final reading and intention to adopt an ordinance (#02304-ORD) to amend Section 16.04.750 (Riparian Zones-Restricted Activities) of Chapter 16.04 (Floodplain Management) and Section 18.10.020 (Duties-Specific Subjects) of Chapter 18.10 (Zoning Administrator); and to amend Chapter 18.108 (Conservation Regulations) by adding a new Section 18.108.110 (Watershed Conservation Plans) and modifying Sections 18.108.010 (Purpose), 18.108.020 (General Provisions), 18.108.025 (General Provisions-Intermittent/Perennial Streams), 18.108.030 (Definitions), 18.108.040 (Exceptions), 18.108.050 (Exemptions), 18.108.055 (Exemption from Discretionary Permit), and 18.108.060 (Slope Regulations-Prohibited Uses) of the Napa County Code. The proposal will:

A. Establish for County regulatory purposes a new biologically-based stream classification system similar to that used by the State Department of Forestry and the State Department of Fish & Game;

B. Increase standard stream setbacks to 150 feet on all Class I streams, 75 to 150 feet on all Class II streams, and 25 feet on all Class III streams, as so defined under this the new stream classification system proposed;

C. Establish zones within these setbacks and specify the activities allowed within each;

D. Establish reduced setbacks where well-developed riparian buffers have been maintained or are being re-established;

32. Continued

E. Establish procedures and criteria for approving in other instances reduced stream setbacks;

F. Establish exemptions to the stream setbacks proposed for projects that have little, if any, potential to effect stream function;

G. Establish the contents of, specify the mechanisms to develop, and the procedure for adopting comprehensive site-specific plans (i.e., Watershed Conservation Plans) for the protection and restoration of stream function within an individual drainage;

H. Provide the new definitions needed and clarify existing definitions;

I. Repeal certain out-dated provisions of the Floodplain Management Ordinance that may conflict with the new regulations being established hereunder; and

J. Amend the duties of the Zoning Administrator to include the review and approval/denial of all standard stream setback exception requests.

Environmental Determination: Categorically Exempt, Class 8 (California Environmental Quality Act (CEQA) Guidelines Section 15308). Continued from December 3, 2002)

PUBLIC HEARING CONTINUED TO DECEMBER 17, 2002 AT 10:00 A.M. TO THE NAPA VALLEY EXPOSITION, CHARDONNAY HALL (NAPA FAIRGROUNDS) 575 THIRD STREET, NAPA. R-BW-L-V-D

33. 12:00 p.m. - Recess to Annual “Old Timers” Luncheon at The Depot Restaurant.

RECESSED TO LUNCHEON

Regular Calendar

34. Discussion and possible action regarding legislation.

NONE

35. Board of Supervisors’ Committee Reports and Announcements.

SUPERVISOR LUCE REPORTED ON A RECENT MEETING OF THE ASSOCIATION OF BAY AREA GOVERNMENTS’ HAZARDOUS WASTE ALLOCATION COMMITTEE WHERE ONE OF ITS PROGRAMS, THE GREEN BUSINESS PROGRAM, RECEIVED THE GOVERNMENT’S ENERGY AND CONSERVATION AWARD.

36. Board of Supervisors’ Future Agenda Items.

NONE

37. Closed Session.

A. Conference with legal counsel – Anticipated Litigation

Significant exposure to litigation pursuant to Government Code

Section 54956.9(b): (one case)

CLOSED SESSION – NOT HELD

B. Conference with labor negotiator Government Code

Section 54957.6):

Agency negotiator: Charla Freckmann, Personnel Director

Employee organization: SEIU Local 614 (NAPE)

Unrepresented employees: Non-Classified, Management and Confidential

Employees (Excluding Elected Officials)

THIS ITEM WAS AMENDED TO DELETE THE REFERENCE TO EMPLOYEE ORGANIZATION.

CLOSED SESSION HELD – NO REPORT

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ SPECIAL MEETING, THURSDAY, DECEMBER 12, 2002 AT 8:00 A.M. AT THE GASSER BUILDING, 433 SOSCOL AVENUE, NAPA, CALIFORNIA.

BILL DODD

Chairman

ATTEST:

MICHELLE PRICE

Deputy Clerk of the Board

KEY

L = Mark Luce; R = Mike Rippey; V = Mel Varrelman; D= Bill Dodd; BW = Brad Wagenknecht

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