MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

January 28, 2003

1. Call to Order

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN A REGULAR SESSION, TUESDAY, JANUARY 28, 2003 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRPERSON BRAD WAGENKNECHT, SUPERVISORS BILL DODD, MIKE RIPPEY, MARK LUCE AND DIANE DILLON. THE MEETING WAS CALLED TO ORDER BY CHAIR WAGENKNECHT AT 9:00 A.M.

2. Pledge of Allegiance.

KEVIN BLOCK, ATTORNEY, LED THE SALUTE TO THE FLAG.

3. Public Comment.

NONE

4. Department Heads’ Reports and Announcements.

NONE

5. Chief Probation Officer requests approval of and authorization for the Chair to sign a one year agreement with the County of Sonoma for the placement of Napa County wards at the Sierra Youth Center at a rate of $3,000 per month. A-4913

6. Chief Probation Officer requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4434 with the Napa County Office of Education for the term September 1, 2002 through June 30, 2003 with reimbursement to Napa County in the amount of $52,000 for on-campus juvenile probation services at Liberty High School. A-4434

7. Assessor/Recorder-County Clerk (Registrar of Voters) requests:

A. Approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4503 with Sequoia Voting Systems, Inc. in the amount of $12,934 for seven (7) Edge/AVC touch screen electronic ballot boxes, software and technical support to conduct remote early voting for the March 4, 2003 election; A-4503

(AMEND. 1)

B. Authorization to declare the following items as surplus and to dispose of them as follows: three (3) Benton card readers, one (1) IBM card punch machine, one (1) IBM punch-card cabinet and five hundred (500) Datavote ballot punches as rebate for this contract and three (3) wooden card reader cabinets to another county elections department to accommodate new ballot tabulation equipment.

8. Director of Health and Human Services requests approval of the following actions regarding the Napa County Therapeutic Child Care Center:

A. Authorization for the Chair to sign the renewal of Agreement No. 4458 with Barbara McCarroll, Ph.D., for a maximum of $72,240 for the term January 1, 2003 through December 31, 2003 for the services of an Infant/Child Mental Health Specialist;

A-4458

B. Authorization for the Chair to sign an agreement with Community Action of Napa Valley, Inc., for a maximum of $137,812 for the term January 27, 2003 through June 30, 2003 for the daily operation of the Therapeutic Child Care Center; A-4915

C. Authorization for the Chair to sign the Subsidized Payment Program Agreement for Child Care Services with Community Resources for Children. A-4916

D. Approval of Budget Transfer No. 61 in the amount of $137,812 increasing appropriations with offsetting revenue in the Public Health budget. (4/5 vote required) BT-61

9. County Fire Chief requests approval of and authorization for the Chair to sign the Fiscal Year 2002-2003 Schedule A and Amador Plan Cooperative Agreement with the State of California Department of Forestry and Fire Protection for a maximum of $4,003,560 for the term July 1, 2002 through June 30, 2003 for the provision of fire protection services. A-923

10. Director of Public Works requests approval of Budget Transfer No. 58 appropriating an additional $600,000 for facility improvements in the Historic Courthouse and Criminal Courts Building, in the Capital Improvements budget, with offsetting revenues from Local Court Revenue, for a new project total of $2,838,500. (4/5 vote required) BT-58

11. Human Resources Director requests adoption of a resolution amending the Departmental Allocation List with regards to deleting one (1) Mental Health Counselor and adding one (1) Supervising Mental Health Counselor I in the Health and Human Services Agency, effective February 1, 2003. R-03-15

12. Human Resources Director requests adoption of a resolution amending the Departmental Allocation List with regards to deleting one (1) Employment Specialist I/II position and adding one (1) Employment Specialist I/II Limited Term (LT) in the Training Employment Center, effective January 28, 2003 through June 30, 2004. R-03-16

13. Human Resources Director and Director of Health and Human Services request approval of the following actions regarding the AB 2034 Program which provides mental health services to the homeless:

13. Continued

A. Adoption of a resolution amending the Departmental Allocation List with regards to adding one (1) Social Worker Supervisor I Limited Term (LT), one (1) Mental Health Worker II (LT), and one (1) Alcohol and Drug Counselor III (LT) in Behavioral Health, effective February 1, 2003 through December 31, 2003; and R-03-17

B. Approval of Budget Transfer No. 60 in the amount of $195,935 increasing appropriations with offsetting revenue in the Behavioral Health budget. (4/5 vote required)

BT-60

14. Acting County Executive Officer requests the cancellation of the Board’s February 11, 2003 Regular Meeting.

15. Acting County Executive Officer requests reappointment of Supervisor Bill Dodd to serve on the Metropolitan Transportation Commission (MTC) for a new four year term that commences February 10, 2003 and expires February 9, 2007.

16. Acting County Executive Officer requests appointment of the following individuals to the Tobacco Advisory Board with the terms of office to expire January 31, 2005:

Applicants Category

Sally Sheehan-Brown* Agency Concerned With Tobacco Related Diseases

Sandy Sparby Clarke* Agency Concerned With Tobacco Related Diseases

Emilie Kuhlman-Furrer* Health Care Organization

Jeanne Title* Educational Institution

Lia S. Miller Member At Large

*Incumbents

17. Acting County Executive Officer/Purchasing Agent and Director of Public Works request a waiver of competitive bidding requirements and authorization to make a sole source award for the purchase of a used 2002 Buick Century from Kastner Pontiac Olds GMC Honda of Napa, California, for the total amount of $12,388.

18. Discussion of Items Removed from the Consent Calendar.

NONE

APPROVED CONSENT CALENDAR ITEMS 5 THROUGH 17.

MR-BD-ML-DD-BW

Set Matters

19. 9:10 A.M. - Director of Public Works and Auditor-Controller request adoption of a resolution determining improvement fund surplus and disposition of surplus amount for Green Island Road Assessment District No. 1987-1.

SUPERVISOR DODD RECUSED HIMSELF DUE TO A FINANCIAL CONFLICT OF INTEREST IN REAL PROPERTY LOCATED ON DODD COURT.

ADOPTED RESOLUTION MR-ML-DD-BW R-03-14

20. 9:15 A.M. - PUBLIC HEARING - Consideration and possible action regarding an appeal filed by Kevin Block, on behalf of his clients Susan and Lonen Curtis to a decision made by the Conservation, Development and Planning Department (the "Department") on October 16, 2002 approving an Erosion Control Plan Structural No. 02461-ECPS (A Modification to ECPS No. 98241-ECPS) for Kenneth and Susan Viney for land disturbing and earthmoving activities associated with the final construction of the lower driveway (“Phase 1”) on two parcels totaling 51.04 acres located on the west side of Soda Canyon Road, approximately 4.35 miles north of its intersection with Silverado Trail in an Agricultural Watershed (AW) Zoning District. (Assessor’s Parcel Nos. 032-090-014 and 032-060-025)

PUBLIC HEARING OPENED

PUBLIC HEARING CONTINUED TO FEBRUARY 25, 2003 AT 9:15 A.M.

ML-MR-BD-DD-BW

21. 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. 22 and remainder of Agenda.

THE BOARD RECESSED TO THE NAPA VALLEY EXPOSITION.

22. 10:00 A.M. - PUBLIC HEARING - First and final reading 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;

22. Continued

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;

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 affect 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, 10 AND 17, 2002)

SUPERVISOR DILLON ANNOUNCED UNDER NUMBER 24 THAT SHE HAS NOT RECEIVED AN OPINION FROM THE FAIR POLITICAL PRACTICES COMMISSION (FPPC) REGARDING HER ABILITY TO VOTE ON THE INTERIM ORDINANCE, SO SHE WILL NOT BE ATTENDING THE PUBLIC HEARING TODAY AT THE NAPA VALLEY EXPOSITION. SUPERVISOR DILLON STATED SHE DOES NOT WANT TO RECUSE HERSELF FROM VOTING ON THE INTERIM ORDINANCE AT THIS TIME PENDING AN OPINION FROM THE FPPC.

PUBLIC HEARING HELD – TESTIMONY PRESENTED

PUBLIC HEARING CLOSED

MR-BD-ML-DD-BW X

A MOTION BY SUPERVISOR LUCE TO SEND THE “LUCE IDEA” BACK TO THE PLANNING COMMISSION FOR CONSIDERATION DIED FOR LACK OF A SECOND.

THE BOARD REQUESTED STAFF BRING BACK FOR CONSIDERATION, THE FOLLOWING:

· ANALYSIS FOR MODIFICATION OF CLASS 1 SETBACK TO 100 FEET REPLACING THE LIMITED MANAGEMENT ZONE

· TWO-YEAR SUNSET CLAUSE

· DESCRIPTION OF EDUCATIONAL PIECE

BD-ML-MR-DD-BW

N X

22. Continued

THE BOARD REQUESTED STAFF BRING BACK RESIDENTIAL SETBACKS IN OPTION 3 WITHOUT ADDRESSING THE CLASS III STREAMS.

BD-ML-MR-DD-BW

N X

A PUBLIC HEARING NOTICE WILL BE PUBLISHED FOR MARCH 11, 2003 AT 2:00 P.M. ML-MR-BD-DD-BW

X

23. Discussion and possible action regarding legislation.

NONE

24. Board of Supervisors’ Committee Reports and Announcements.

REFER TO SUPERVISOR DILLON’S COMMENTS UNDER NUMBER 22.

25. Board of Supervisors’ Future Agenda Items.

SUPERVISOR DILLON REQUESTED:

· AN UPDATE REGARDING ENFORCEMENT OF CURRENT COUNTY ORDINANCES AND THE POSSIBLE DEVELOPMENT OF NEW COUNTY ORDINANCES RELATED TO ENFORCEMENT.

· CONSIDERATION OF INCREASED PROTECTION FOR OUR PUBLIC DRINKING WATER WATERSHEDS INCLUDING ONE THAT IS PRIVATE, HOWELL MOUNTAIN MUTUAL WATER COMPANY, BUT PROVIDES WATER TO THE ANGWIN AREA. SHE BELIEVES SOMETHING SPECIAL NEEDS TO BE DONE TO PROTECT THE FRIESEN LAKE AREA AND THE FIVE OTHER SUBWATERSHEDS WHICH INCLUDE KIMBALL, BELL CANYON, LAKE HENNESSEY, MILLIKEN AND RECTOR.

SUPERVISOR RIPPEY CONCURS WITH SUPERVISOR DILLON’S REQUESTS AND REPORTED ON A RECENT ARTICLE IN THE NAPA VALLEY REGISTER ADDRESSING ONGOING SITUATIONS IN ANGWIN. THE ARTICLE WAS VERY GOOD, BUT IT MAY BE A BIT MISTAKEN AND SUPERVISOR RIPPEY BELIEVES THE ANGWIN WATER SUPPLY IS IN THE CONN WATERSHED, SO IT IS COVERED UNDER THE MORE STRICT REGULATIONS FOR MUNICIPAL WATER SUPPLIES. THERE MAY BE SOME CONFUSION ON THIS TOPIC AND REQUESTED CLARIFICATION.

26. Closed Session regarding:

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to Government Code Section 54956.9(b): (Two cases)

CLOSED SESSIONS – NOT HELD

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, FEBRUARY 4, 2003 AT 9:00 A.M.

BRAD WAGENKNECHT, Chairperson

ATTEST:

MICHELLE PRICE, Deputy Clerk of the Board

KEY

Vote: BW = Brad Wagenknecht; BD = Bill Dodd; MR = Mike Rippey; ML = Mark Luce;

DD = Diane Dillon

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