MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

March 11, 2003

1. Call to Order.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, MARCH 11, 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.

CONNIE BATTISTI LED THE SALUTE TO THE FLAG.

3. Presentation of a proclamation declaring the week of March 10-16, 2003 as Cover the Uninsured Week. (Supervisor Wagenknecht)

THE CHAIRMAN PRESENTED THE PROCLAMATION.

4. Public Comment.

HERBERT FORD COMMENTED ON THE FOLLOWING:

· REQUESTED MODIFICATION TO WORDING UNDER PUBLIC COMMENT ON THE BOARD’S AGENDA.

· CONCERNED ABOUT THE TRAFFIC SAFETY, PUBLIC WELFARE AND INFRASTRUCUTRE NECESSARY TO ACCOMMODATE TWO PROPOSED NEW WINERIES IN ANGWIN.

AL CARDWELL COMMENTED REGARDING THE PLIGHT OF THE HOMELESS.

MURIEL FAGIANI COMMENTED ON THE LENGTH OF TIME ALLOTTED TO EACH SPEAKER DURING THE PUBLIC COMMENT PERIOD.

ROBERT CHAUDHARY COMMENTED ON A RECENT NAPA VALLEY REGISTER EDITORIAL REGARDING THE COSTS ASSOCIATED WITH THE PREPARATION OF THE PROPOSED STREAM SETBACK ORDINANCE.

5. Department Heads’ Reports and Announcements.

NONE

Consent Calendar

6. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4564 with Barbara G. Reisman, M.D., for a maximum of $5,000 for the term January 1, 2003 through June 30, 2003 to provide services in the Mental Health Outpatient Managed Care Program. A-4564

7. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4799 with BD Morgan Investment Group, Inc., dba BD MIG, increasing the amount by $3,000 for a new maximum of $8,000 to provide additional transportation and security guard services for clients transported to psychiatric hospitals.

A-4799

(AMEND. 1)

8. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements for the term February 1, 2003 through June 30, 2003 to provide counseling services in the Children’s Behavioral Health and Child Welfare Services Programs:

A. Agreement with Bill Ruhs, MFT, for a maximum of $1,872; A-4934

B. Agreement with Steven Boyd, LCSW, for a maximum of $1,512; and A-4935

C. Agreement with Judith Speed, Ph.D., for a maximum of $1,500. A-4936

9. Director of Conservation, Development and Planning requests approval of and authorization for the Chair to sign an agreement with Keyser-Marston Associates for $24,000 for the term March 11, 2003 through June 30, 2003 for preparing updates to jobs/housing, fiscal impact and housing mitigation analyses for the Montalcino at Napa Valley Project.

HELD FOR DISCUSSION

CONTINUED TO MARCH 18, 2003. MR-DD-BD-ML-BW

10. Director of Conservation, Development and Planning requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4826 with Nichols-Berman Environmental Planners increasing the amount by $15,450 for a new maximum of $73,240, for additional responses to comments for the Montalcino at Napa Valley Project environmental document. A-4826

(AMEND. 1)

11. Director of Environmental Management requests adoption of a resolution authorizing applications for Reuse Assistance Grants for a period of five years, through December 31, 2008 from the California Integrated Waste Management Board. R-03-41

12. Director of Public Works requests approval of plans and specifications for the “Historic Courthouse Rehabilitation and Criminal Courts Building Office Remodel Project,”

PW 02-20, authorization to advertise for bids and setting 3:30 P.M. on April 24, 2003 for the opening of sealed bids.

HELD FOR DISCUSSION

APPROVED REQUEST MR-DD-BD-ML-BW

13. Director of Public Works requests award of the contract for the “Progress Place Program Interior Painting Project,” PW 02-24, to Zartaloudis of Napa, California, for their low bid of $44,000 and authorization for the Chair to sign the construction contract.

14. Director of Public Works requests adoption of a resolution abandoning a portion of Sheehy Court and authorization for the Chair to sign a Certificate of Acceptance of an Easement Deed for additional right of way in Sheehy Court. R-03-48

15. Director of Public Works requests adoption of a resolution temporarily closing portions of Henry Road from 7:00 A.M. to 10:00 A.M. on Saturday, March 29, 2003 for the running of the Carneros Vineyard Run. R-03-42

16. Director of Public Works requests adoption of a resolution temporarily closing Berryessa-Knoxville Road from State Highway 128 to Pope Canyon Road, Pope Canyon Road between Berryessa-Knoxville Road and Pope Valley Cross Road, Pope Valley Cross Road between Pope Canyon Road and Chiles Pope Valley Road, Chiles Pope Valley Road between Pope Valley Cross Road and Howell Mountain Road, and Howell Mountain Road between Chiles Pope Valley Road and Pacific Union College from 10:30 A.M. to 2:00 P.M. on Thursday, March 27, 2003 for the Solano Bicycle Classic.

HELD FOR DISCUSSION

APPROVED REQUEST BD-MR-ML-DD-BW R-03-43

17. Director of Public Works requests the following actions in relation to the Napa County Sheriff’s Facility Project:

A. Approval of Budget Transfer No. 78 appropriating $1,000,000 in Fund 1040 Department 16300 Capital Improvement budget with offsetting revenues from the 2003 Certificates of Participation issuance (4/5 vote required); and BT-78

B. Award the contract for the “Napa County Sheriff’s Facility Project,” PW 01-26, to McCrary Construction Company of Belmont, California, for their low bid of $13,128,000 and authorization for the Chair to sign the construction contracts.

18. Director of Public Works requests the following actions in relation to the Juvenile Justice Center Project:

A. Approval of Budget Transfer No. 78 appropriating $1,500,000 in Fund 1040 Department 16300 Capital Improvement budget with offsetting revenues from the 2003 Certificates of Participation issuance (4/5 vote required); BT-78

B. Approval to award the construction contract for the “Juvenile Justice Center Project,” PW 02-17, to Flintco, Inc. of Rancho Cordova, California, for their low bid of $11,949,000 and authorization for the Chair to sign the construction contracts;

C. Approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 4906 with URS Corporation increasing the amount by $894,095 for a new maximum of $990,000 for consulting and project management services; and A-4906

(AMEND. 2)

18. Continued

D. Approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 4535 with RossDrulisCusenbery Architecture, Inc., increasing the amount by $50,505 for a new maximum of $1,270,183 for consulting and engineering services. A-4535

(AMEND. 2)

19. Director of Public Works/Aviation requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 3370 with R. A. Bridgeford, Inc. clarifying the scope of services with regard to self-service fuel operations. A-3370

(AMEND. 1)

20. Director of Public Works/Road Commissioner requests a waiver of competitive bidding requirements and authorization to make a sole source award for the purchase of two portable changeable message signs from 3M Company of St. Paul, Minnesota, for the total amount of $40,513.

21. Director of Public Works/Road Commissioner requests a waiver of competitive bidding requirements and authorization to make a sole source award for the purchase of a Tarco Hylander roadway sand applicator from Municipal Maintenance Equipment of Sacramento, California, for the total amount of $15,005.

22. County Counsel requests adoption of a resolution authorizing the issuance and sale of Napa Valley Community College District General Obligation Bonds, Election of 2002, Series A in an aggregate principal amount not to exceed $25,000,000. R-03-49

23. Human Resources Director requests adoption of a resolution amending the Departmental Allocation List for the Library with regard to deleting two (2) half-time Library Assistant I/II positions and adding one (1) Library Assistant I/II, effective March 15, 2003. R-03-44

24. Human Resources Director requests adoption of a Resolution of Intention and authorization for the Chair to sign a Certification of Compliance amending the contract with the Board of Administration of the California Public Employees’ Retirement System, to allow employees to purchase service credit for time worked as an extra help employee pursuant to Section 14.3 of the Public Services Unit and Public Services Supervisory Unit Memoranda of Understanding.

R-03-45

25. Library Director requests authorization to accept a donation in the amount of $8,000 from the Friends of the Napa Library for the design and printing of presentation brochures.

26. Regional Training Employment Coordinator requests approval of and authorization for the Chair to sign an agreement with Julie Kawahara Holl dba Kawahara and Associates for a maximum of $45,000 for the term March 1, 2003 through September 30, 2003 to complete documents and tasks necessary to implement the strategic plan of Project INCLUSION, a workforce development program for disabled clients. A-4937

27. County Executive Officer requests appointment of the following applicants to the Measure A Financial Oversight Committee with the term of office expiring June 30, 2005:

Applicant Term Commences Representing

Don J. Huffman Immediately Business Community

Lou Jefferson March 19, 2003 Local Media

28. County Executive Officer requests appointment of the following applicants to serve on the Mental Health Board with the term of office expiring January 1, 2006:

Applicant Representing

Rachel L. Humphreys Interested and Concerned Citizen

Gerald S. Levin* Interested and Concerned Citizen

June Moroney* Consumer

Beryl Joanne Nielsen* Interested and Concerned Citizen

*Incumbents

29. Second reading and adoption of an ordinance amending Section 2.100.090 and Section 2.100.210 to the Napa County Code relating to the definition of the Non-Classified Service, vacation accruals, and payouts upon separation from County employment. O-1218

30. Discussion of items removed from the Consent Calendar.

NUMBERS 9, 12 AND 16 WERE HELD FOR DISCUSSION.

APPROVED CONSENT CALENDAR NUMBERS 6 THROUGH 29, WITH EXCEPTIONS AS NOTED ABOVE. MR-DD-BD-ML-BW

Set Matters

31. 9:10 a.m. - Recess to the Napa County Flood Protection and Watershed Improvement Authority Special Meeting.

(SEE NAPA COUNTY FLOOD PROTECTION AND WATERSHED IMPROVEMENT AUTHORITY MINUTES)

32. 9:15 a.m. - Public Hearing - Consideration and possible action regarding an appeal filed by Norman and Meg Schultz to a decision by the Conservation, Development and Planning Commission on December 18, 2002 to approve the David Perata/Frank Perata Trust et al – Use Permit Request #02409-UP establishing a new 20,000 gallon per year winery that includes: (1) a 1,920 square foot addition to an existing 2,200 square foot barn for a winery totaling 4,120 square feet; (2) a 660 square foot covered work area; (3) custom crushing activities (crushing, fermentation, barrel aging and bottling) for one custom producer utilizing 10% (2,000 gallons per year) of the total approved winery production capacity; (4) two full-time and one part-time employees; (5) 50 visitors per week (averaging ten per day); (6) four parking spaces; (7) tours and tasting by appointment only; and, (8) a marketing plan with 12 private promotional, tours, tastings, and meals per year with an average of eight people and a maximum of ten per event, two release events per year with a maximum of 100 per event, located on a ±47.69 acre parcel on the east side of State Lane approximately ¾ mile north of its intersection with Yountville Cross Road within an Agriculture Preserve (AP) Zoning District. (Assessor’s Parcel No. 031-170-008) 1278 State Lane, Yountville.

ENVIRONMENTAL DETERMINATION: Negative Declaration Prepared. According to the proposed Negative Declaration, the proposed project would have no potentially significant environmental impacts.

(APPELLANT REQUESTS CONTINUANCE TO APRIL 8, 2003 AT 9:15 A.M.)

PUBLIC HEARING OPENED

PUBLIC HEARING CONTINUED TO APRIL 1, 2003 AT 9:15 A.M.

BD-MR-ML-DD-BW

33. 9:15 a.m. - District Attorney requests the following actions pertaining to a United States Department of Justice Elder Abuse Training Grant:

A. Approval of and authorization for District Attorney to sign a grant application in the amount of $310,000 for the term beginning October 1, 2003 through September 30, 2005; and

APPROVED REQUEST BD-DD-MR-ML-BW

B. Adoption of a resolution in support of the District Attorney’s grant application.

ADOPTED RESOLUTION BD-DD-MR-ML-BW R-03-46

34. 2:00 p.m. - Public Hearing - First and final reading to adopt an ordinance (#02304-ORD) to amend Chapter 16.04 (Floodplain Management) by revising Section 16.04.750 (Riparian Zones-Restricted Activities); to amend Chapter 18.10 (Zoning Administrator) by modifying Section 18.10.020 (Duties-Specific Subjects); and to amend Chapter 18.108 (Conservation Regulations) by 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), 18.108.060 (Slope Regulations-Prohibited Uses) and adding a new Section 18.108.110 (Watershed Conservation Plans) of the Napa County Code.

34. Continued

At the last public hearing on January 28, 2003, the Board directed staff to modify the ordinance to:

A. Establish special setback standards for all new residential projects that reflect the current Conservation Regulation (Chapter 18.108) slope-based setbacks and the riparian vegetation protection provisions of the existing Floodplain Management Ordinance (Chapter 16.04);

B. Replace the proposed two-zone Class I stream 150-foot setback, which consists of a 100-foot “No New Development Zone” and a 50-foot “Limited Management Zone,” with a single-zone 100-foot “No New Development Zone" setback, which increases by 5-to 50-feet with increased slope above 40%;

C. Require property owners and their agents to attend a watershed education course prior to engaging in any earth-disturbing activities located within 150 feet of any Class I or II stream or 25 feet of any Class III stream; and

D. Establish a 2-year sunset clause and a 1-year review of this ordinance by the Board of Supervisors.

PUBLIC HEARING HELD

A MOTION TO CONTINUE THE PUBLIC HEARING TO APRIL 8, 2003 AT 2:00 P.M. WAS WITHDRAWN TO ALLOW PUBLIC TESTIMONY.

PUBLIC HEARING CONTINUED TO APRIL 8, 2003 AT 2:00 P.M.

MR-ML-BD-DD-BW

N

Regular Calendar

35. Discussion and possible action regarding legislation.

BILL CHIAT, COUNTY EXECUTIVE OFFICER REPORTED ON THE FOLLOWING:

· THE LEGISLATIVE ANALYST WILL PROVIDE AN UPDATE NEXT WEEK REGARDING SEVERAL ITEMS REQUESTED BY THE BOARD.

· A GROUP OF ELECTED OFFICIALS AND STAFF FROM THE COUNTY ALONG WITH VARIOUS CITIES WILL BE ATTENDING THE CALIFORNIA STATE ASSOCIATION OF COUNTIES (CSAC) LEGISLATIVE SESSION NEXT WEEK AND CURRENTLY HAVE APPOINTMENTS WITH ASSEMBLYWOMAN PAT WIGGINS AND SENATOR WESLY CHESBRO.

36. Board of Supervisors’ Committee Reports and Announcements.

NONE

37. Board of Supervisors’ Future Agenda Items.

SUPERVISOR DILLON REQUESTED STAFF REVIEW THE NUMBER OF CYCLING EVENTS THAT OCCUR ANNUALLY AND REPORT BACK TO THE BOARD. SHE REQUESTED THE REPORT INCLUDE INFORMATION REGARDING THE TIMELINESS OF THE PUBLIC NOTIFICATION PROCESS, CONTACT INFORMATION FOR EVENT COORDINATORS, EVENTS HELD IN AREAS WITH NO ALTERNATE ROUTES FOR VEHICULAR TRAFFIC AND FEES TO THE COUNTY IN CONJUNCTION WITH THE EVENT.

SUPERVISOR RIPPEY REQUESTED THE REPORT INCLUDE THE NUMBER OF CYCLING EVENTS PER YEAR HELD WITHIN A SPECIFIC AREA, AS WELL AS COUNTY WIDE.

SUPERVISOR RIPPEY ADVISED THAT HE PREVIOUSLY REQUESTED STAFF REVIEW AND ESTABLISH PARAMATERS IN REGARD TO THE DISCHARGE OF FIREARMS NEAR RESIDENTIAL AREAS AND BRING THOSE RECOMMENDATIONS TO THE BOARD FOR CONSIDERATION.

38. Closed Session regarding:

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: (One case)

CLOSED SESSION HELD – NO REPORTABLE ACTION

Adjournment.

THE BOARD OF SUPERVISORS ADJOURNED THE MEETING IN MEMORY OF JEANIE REDDING TO THE BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

MARCH 18, 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

The maker of the motion and second are reflected respectively in the order of the recorded vote.

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