MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

December 17, 2002

1. Call to Order.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, DECEMBER 17, 2002 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRMAN BILL DODD, SUPERVISORS MIKE RIPPEY, BRAD WAGENKNECHT, MEL VARRELMAN AND MARK LUCE.

2. Pledge of Allegiance.

SUPERVISOR VARRELMAN LED THE SALUTE TO THE FLAG.

3. Presentation of California State Association of Counties Challenge Award to the Health and Human Services Agency Therapeutic Child Care Center.

PRESENTATION MADE

4. Public Comment.

CANDACE ELIZA COMMENTED ON THE PLIGHT OF THE HOMELESS IN THE COMMUNITY.

5. Department Heads’ Reports and Announcements.

JOHN TUTEUR, ASSESSOR/RECORDER-COUNTY CLERK (REGISTRAR OF VOTERS) , UPDATED THE BOARD ON THE SMALL ELECTION PROBLEM AND THANKED THE BOARD FOR CERTIFYING THE ELECTION RESULTS ON DECEMBER 3, 2002.

MR. TUTEUR FURTHER ADVISED THAT ON DECEMBER 11, 2002, STAFF WENT BEFORE NAPA COUNTY SUPERIOR COURT AND PRESIDING JUDGE SNOWDEN WHO ACCEPTED THE STIPULATION AGREED TO BY ALL PARTIES, WHICH CALLS FOR THE ELECTION TO BE HELD AGAIN AS PART OF CITY OF NAPA MARCH 4, 2003 ELECTION.

NANCY WATT, ACTING COUNTY EXECUTIVE OFFICER, REPORTED ON THE SUPPLEMENTAL AGENDA ITEM CONTINUING THE PROCLAMATION OF LOCAL EMERGENCY FOR NAPA COUNTY DECLARED DECEMBER 16, 2002. IN ADDITION, MS. WATT ACKNOWLEDGED THE FIRST RESPONDERS WHO ARRIVED AT APPROXIMATELY 2:00 A.M.

Supplemental Agenda

A. Request to add supplemental agenda Item B. below and make a finding that there is a need to

take immediate action and that the need to take immediate action came to the attention of the local agency subsequent to the regular agenda being posted pursuant to Government Code Section 54954.2(b)(2).

APPROVED REQUEST R-V-L-BW-D

B. Acting County Executive Officer/Director of Emergency Services requests adoption of a resolution confirming and continuing the Proclamation of Local Emergency declared on December 16, 2002 relating to the severe storm and flooding which occurred over the past few days.49.

ADOPTED RESOLUTION BW-L-V-R-D R-02-247

Consent Calendar

6. Director of Child Support Services requests approval of Budget Transfer No. 47 transferring $126,000 within the Child Support Services budget to fund facility improvements, rent, and information technology services. (4/5 Vote Required) BT-47

7. Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 3402 with the California Department of Health Services (CDHS) for $1,744,371 for the term October 1, 2002, through September 30, 2005, for operation of the Women, Infants and Children (WIC) Supplemental Nutrition Program.

HELD FOR DISCUSSION

APPROVED REQUEST V-L-R-BW-D A-3402

8. Director of Health and Human Services requests approval of and authorization for Chairman to sign Amendment No. 2 to Agreement No. 4663 with Judith Day, MFT, increasing the amount by $2,500 for a new maximum of $5,500 to provide additional units of service in the Mental Health Outpatient Managed Care Program. A-4663

(AMEND. 2)

9. Director of Health and Human Services requests approval of the following actions regarding the Napa County Children and Families Commission:

A. Acceptance of two grants totaling $204,520;

B. Authorization for Chairman to sign an agreement in the amount of $137,720 for the term November 25, 2002, through December 31, 2003 to fund staff for the Therapeutic Child Care Center; A-4895

C. Authorization for Chairman to sign an agreement in the amount of $66,800 for the term November 25, 2002, through December 31, 2003 to provide training;

A-4896

D. Approval of Budget Transfer No. 39 in the amount of $78,098, increasing appropriations with offsetting revenue in the Public Health budget (4/5 vote required); and BT-39

9. Continued

E. Adoption of a resolution amending the Departmental Allocation List with regard to an Assistant Public Health Manager Limited Term (LT) position in the Public Health Department, effective January 1, 2003. R-02-246

10. Director of Health and Human Services requests approval of and authorization for Chairman to sign the Children’s Medical Services plan and budget for Fiscal Year 2002-2003.

11. Director of Health and Human Services requests approval of bylaws for the Napa County Commission on Self-Esteem, effective December 17, 2002. (Bylaws on file with the Clerk of the Board)

12. Director of Public Works requests adoption of a Resolution of Intent to sell surplus real property located on Lincoln Avenue west of the intersection with Silverado Trail. R-02-249

13. Director of Public Works requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4780 with the Napa Courts increasing the funding by $800,000 for a new total of $2,838,500 for improvements to the Historic Courthouse and Criminal Courts facilities.

A-4780

(AMEND. 1)

14. Director of Public Works requests approval of and authorization for Chairman to sign an agreement with RossDrulisCusenbery for a maximum of $22,255 for the term December 17, 2002 through June 30, 2003 for facilities evaluation. A-4897

15. Director of Public Works requests acceptance of a Proposition 12 Parks Bond Act of 2000 grant, administered by the California State Department of Parks and Recreation, in the amount of $86,242 for the Skyline Park Entrance Redesign/Reconstruction Project.

16. Napa County Wildlife Conservation Commission requests approval of Budget Transfer No. 46 transferring $3,510 within the Wildlife Conservation Commission budget (4/5 Vote Required) and consideration and approval of the following two (2) grant proposals:

A. Request from the California Department of Fish and Game in the amount of $4,510 to purchase three (3) sets of Leica-Duovid model binoculars; and

B. Request from the Friends of the Napa River in the amount of $5,000 to conduct the second phase of a two-year project surveying steelhead spawning and rearing habitat in the Napa River watershed.

BT-46

17. Clerk of the Board requests approval of and authorization for the Registrar of Voters to conduct a consolidated general election to be held March 4, 2003, pursuant to the City of Napa’s request (Resolution No. R2002 234), with the provision that all services rendered by the County for the City in connection with such election be reimbursed in full. (Resolution on file with the Clerk of the Board)

18. County Counsel requests authorization for Jennifer Yasumoto’s attendance at the Health Care Compliance Association’s Fourth Annual HIPAA Conference in San Diego, California, from December 9-11, 2002, for an estimated cost of $2,225.

19. Director of Emergency Services requests the following actions pertaining to grant applications with the State Office of Emergency Services:

A. Approval and authorization to proceed with grant application in the amount of $85,260 on behalf of the Operational Area; and

B. Adoption of a resolution establishing signature authority for documents related to emergency services funding. R-02-248

20. Human Resources Director requests adoption of Retirement Resolution No. 02-245 for Judy Ellis, Supervising Collection Agent, Treasurer-Tax Collector, in recognition of over 18 years of service.

R-02-245

21. Human Resources Director requests authorization to reimburse County Executive Officer applicants’ travel expenses for attendance at interviews.

22. Human Resources Director requests adoption of a resolution amending the Management Compensation Plan with regard to management compensation and benefits.

HELD FOR DISCUSSION

ADOPTED RESOLUTION, AS AMENDED. R-02-250

23. Human Resources Director requests adoption of a resolution amending the Departmental Allocation List for Probation with regards to a Probation Officer I/II Limited Term (LT), effective January 4, 2003. (Details on file with the Clerk of the Board) R-02-251

24. Human Resources Director requests adoption of a resolution amending the Departmental Allocation List for the Library with regards to deleting one (1) Office Assistant II and adding one (1) Senior Office Assistant, effective December 17, 2002. (Details on file with the Clerk of the Board)

R-02-252

25. Human Resources Director requests adoption of a resolution amending the Departmental Allocation List and Table and Index and approving a new class specification with regards to the Medical Records Supervisor position of the Health and Human Services Agency, effective December 17, 2002. (Details on file with the Clerk of the Board) R-02-253

26. Human Resources Director and Assessor/Recorder-County Clerk request the following actions:

A. Approval of Budget Transfer No. 45 transferring $19,000 from the Recorders Modernization trust fund to Recorder/County Clerk budget to fund an Assessment Records Assistant I/II Limited Term (LT) position (4/5 vote required); and

BT-45

B. Adoption of a resolution amending the Departmental Allocation List with regard to certain positions of the Assessor/Recorder-County Clerk Department, effective December 21, 2002. R-02-254

27. Library Director requests adoption of a revision to the Library’s policy manual regarding the “Community Meeting Room Policy.” (Policy on file with the Clerk of the Board)

28. Regional Training Employment Coordinator requests approval of and authorization for Chairman to sign Amendment No. 2 to Agreement No. 4715 with OnRamp113 increasing the amount by $2,100 for a new maximum of $5,800 and extending the term through June 30, 2003 to allow for the continued maintenance and revisions to the North Bay Employment Connection websites.

A-4715

(AMEND. 2)

29. Regional Training Employment Coordinator requests approval of and authorization for Chairman to sign an agreement with CommunityPoll.com, Inc. for $55,000 for the term December 1, 2002 through November 30, 2003 to conduct comprehensive research for a State of the Workforce Report and a Regional Strategic Plan Framework in the North Bay for Project WIRE. A-4898

30. Acting County Executive Officer requests approval of the amended County Travel Policy, effective December 17, 2002. (Policy on file with the Clerk of the Board)

31. Acting County Executive Officer requests authorization to remove $2,071,443.11 of fixed assets from Criminal Justice Planning Budget Unit 27500’s inventory.

32. Acting County Executive Officer requests appointment of the following five applicants to serve on the Napa County Commission on the Status of Women as General Public Representatives with the term of office to expire October 1, 2004:

Hannah Craig (reappointment)

Kris Harvey

Sharon Macklin

Linda McDoniels (reappointment)

Laurie Puzo

HELD FOR DISCUSSION

APPROVED REQUEST V-L-R-BW-D

33. Acting County Executive Officer requests appointment of the following persons to the Measure A Financial Oversight Committee with the terms of office listed below:

Representing Term Expires

David Briggs Environmental Community June 30, 2004

Grania Lindberg Environmental Community June 30, 2005

William Chadwick Health and Human Services June 30, 2005

Carl Ebbeson Agricultural Industry June 30, 2005

Jean Phillips Board of Supervisors June 30, 2005

34. Acting County Executive Officer/Purchasing Agent and Information Technology Services Director request the following:

A. Declare certain personal computers as surplus and no longer required for public use (Complete list on file with the Clerk of the Board); and

B. Authorize the Purchasing Agent to dispose of said computers by donating them to the Napa Valley Unified School District and the Yountville Elementary School.

35. Discussion of items removed from the consent calendar.

SEE NUMBERS 7, 22 AND 32.

APPROVED CONSENT CALENDAR NUMBERS 6 THROUGH 35, AS AMENDED.

V-L-R-BW-D

Set Matters

36. 9:15 a.m. - Special Meeting - The Board of Supervisors meeting as the Board of Directors of the Napa-Berryessa Resort Improvement District.

(SEE NAPA-BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)

37. 9:15 a.m. - Special Meeting - The Board of Supervisors meeting as the Board of Directors of the Lake Berryessa Resort Improvement District.

(SEE LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)

38. 9:15 a.m. - Special Meeting - The Board of Supervisors meeting as the Board of Directors of the Silverado Community Services District.

(SEE SILVERADO COMMUNITY SERVICES DISTRICT MINUTES)

39. 9:25 a.m. - Second reading and adoption of 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)].

ADOPTED ORDINANCE V-BW-L-R-D O-1213

40. 9:30 a.m. - Board of Supervisors meeting as a Board of Equalization.

(SEE BOARD OF EQUALIZATION MINUTES)

41. 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;

41. Continued

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

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 and 10, 2002. Staff requests no further public testimony be permitted until January 28, 2003 at 10:00 a.m., that the hearing remain open, and that the hearing be continued until then to provide Supervisor-Elect Dillon the opportunity to participate.

PUBLIC HEARING CONTINUED TO JANUARY 28, 2003 AT 10:00 A.M.

BW-V-L-R-D

42. 11:00 a.m. – Public Hearing - First and final reading and possible adoption of an interim ordinance to amend Interim Urgency Ordinance No. 1204 to exempt use permits that were accepted for filing and deemed complete prior to June 18, 2002. Environmental Determination: General Rule (can not have significant effect on the environment as project by project environmental analysis done on each individual proposal to assure that no significant effect will result).

PUBLIC HEARING HELD – NO TESTIMONY PRESENTED

TITLE READ

WAIVED READING BALANCE OF ORDINANCE

BW-R-L-V-D

ADOPTED ORDINANCE BW-R-L-V-D O-1214

43. 11:15 a.m. - Presentation of a Retirement Resolution to Supervisor Mel Varrelman.

PRESENTATION MADE R-02-244

44. 1:30 P.M. Recess to the Napa County Flood Control and Water Conservation District meeting.

(SEE NAPA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT MINUTES)

Regular Calendar

45. Discussion and possible action regarding legislation.

NONE

46. Board of Supervisors’ Committee Reports and Announcements.

NONE

47. Board of Supervisors’ Future Agenda Items.

NONE

48. Closed Session regarding:

CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section

54957.6):

Agency negotiator: Charla Freckmann, Human Resources Director

Employee organization: SEIU Local 614 (NAPE)

CLOSED SESSION HELD – NO REPORT

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, JANUARY 7, 2003 AT 9:00 A.M.

BILL DODD

Chairman

ATTEST:

JO ANN EVANS

Deputy Clerk of the Board

KEY

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

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