AGENDA NAPA COUNTY BOARD OF SUPERVISORS TUESDAY JANUARY 21, 2003 9:00 A.M.
Brad Wagenknecht District 1	Mark Luce District 2	Diane Dillon District 3	Bill Dodd District 4	Mike Rippey District 5
	Nancy Watt Acting County Executive Officer	Clerk of the Board	Robert Westmeyer County Counsel

GENERAL INFORMATION

The Board of Supervisors meets each Tuesday at 9:00 A.M. at 1195 Third Street, Room 305, Napa, California 94559. If you require an assistive listening device, interpreter or any other special arrangement please provide the Clerk of the Board with 24-hour notice by calling 253-4580 (253-6088TDD).

The agenda is divided into three sections:

CONSENT CALENDAR - These matters typically include routine financial or administrative actions, as well as final adoption of ordinances that cannot be both introduced and adopted at the same meeting. Any item on the CONSENT CALENDAR will be discussed separately at the request of any person. CONSENT CALENDAR items are usually approved with a single motion.

SET MATTERS - These items are noticed hearings, work sessions and public hearings.

REGULAR CALENDAR - These items include significant policy and administrative actions and are classified by program areas. Immediately after approval of the CONSENT CALENDAR, if the time for hearing SET MATTERS has not arrived, the REGULAR CALENDAR will be considered.

ANY MEMBER OF THE AUDIENCE DESIRING TO ADDRESS THE BOARD ON A MATTER ON THE AGENDA please proceed to the rostrum and, after receiving recognition from the Chair, give your name, address, and your comments or questions. In order that all interested parties have an opportunity to speak, please be brief and limit your comments to the specific subject under discussion. Time limitations shall be at the discretion of the Chair or Board.

AGENDA AVAILABLE ONLINE AT www.co.napa.ca.us

1. Call to Order; Roll Call.

2. Pledge of Allegiance.

3. 9:00 A.M. PUBLIC COMMENT

In this time period, anyone may address the Board of Supervisors regarding any subject over which the Board has jurisdiction but which is not on today's agenda. Individuals will be limited to a three-minute presentation. No action will be taken by the Board of Supervisors as a result of any item presented at this time.

4. Department Heads’ Reports and Announcements.

CONSENT CALENDAR

CRIMINAL JUSTICE

5. Chief Probation Officer requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4776 with Aldea, Inc., to allow for an alternate compensation schedule without an increase in total allowable costs.

6. Chief Probation Officer requests approval of and authorization for the Chair to sign an agreement with Sonoma County for a maximum of $18,000 for the term January 21, 2003 through June 30, 2003 for the placement of a Napa County ward.

7. Director of Child Support Services and Auditor-Controller request approval of Budget Transfer No. 55 in the amount of $35,931 from County Designations and Budget Transfer No. 56 in the amount of $79,358 from the Child Support Excess Incentive Trust Account increasing appropriations in the Department of Child Support Services by $115,289 with offsetting revenue to return unexpended incentive funds to the State of California. (4/5 vote required)

8. Sheriff requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4737 with TMD Group, Inc. extending the term to January 31, 2004 for the “Avoid the Six” Program, to encourage safe and sober driving.

CONSENT CALENDAR – Continued

CRIMINAL JUSTICE – Continued

9. Sheriff requests the following actions regarding a grant from the State of California:

A. Acceptance and authorization for Sheriff to sign an agreement with the Department of Boating and Waterways for the term September 25, 2002 through September 25, 2003 for a maximum of $20,000 for boat patrol replacement engines and outdrives; and

B. Approval of Budget Transfer No. 53 increasing appropriations in the Sheriff’s budget by $20,000 with offsetting revenue. (4/5 vote required)

10. Sheriff request approval of Budget Transfer No. 54 increasing appropriations in the Sheriff’s budget by $7,503 with offsetting revenue from the Asset Forfeiture Trust fund for the purchase of patrol radios. (4/5 vote required)

HUMAN SERVICES

11. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4317 with Staff Care, Inc., for a maximum of $100,000 for the term January 1, 2003, through June 30, 2003 to provide recruitment and psychiatric services to the Mental Health Program.

12. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 3484 with the California Department of Health Services for the HIV Counseling and Testing Memorandum of Understanding.

13. Director of Health and Human Services requests approval of and authorization for the Chair to sign a revenue agreement with the Housing Authority of the City of Napa for a maximum of $54,577 for the term October 1, 2002, through June 30, 2003 to provide a Family Self-Sufficiency Counselor for participants in the Family Self-Sufficiency Program.

14. Director of Health and Human Services requests authorization to accept donations of toys and cash on behalf of the Child Protective Services Program in accordance with Government Code Section 25355.

CONSENT CALENDAR – Continued

HUMAN SERVICES – Continued

15. Director of Health and Human Services requests authorization to submit an application for a $20,000 grant from the State Office of Child Abuse Prevention (OCAP) for the Napa County Citizen’s Review Panel.

PROPERTY

16. Director of Conservation, Development and Planning requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4797 with EDAW increasing the amount by $54,622 for a new maximum of $149,474 in preparation of Initial Study and related California Environmental Quality Act documents for Erosion Control Application 99-323.

17. Director of Public Works requests an extension to January 9, 2004 for the improvements completion date required by Subdivision Improvement Agreement No. 4105 with the Barrel Ten Quarter Circle Land Company.

18. Director of Public Works requests authorization to reduce the retention from 10% to 5% for the “Napa County Hall of Justice, Historical Courthouse and Library HVAC Replacement Project,” PW 02-05.

19. Director of Public Works requests acceptance of the work as complete and authorization for the Chair to sign and file a Notice of Completion with the Clerk/Recorder for Contract No. PW 02-04, “Napa County Airport Guidance Signs Improvements Project.”

20. Director of Public Works requests acceptance of work as complete and authorization for the Chair to sign and file a Notice of Completion with the Clerk/Recorder for Contract No. PW 02-19, “Napa County Airport Spall and Corner Break Repairs on Runway 18R-36L Project.”

21. Director of Public Works, Information Technology Services Director and the Treasurer/ Tax Collector request authorization for out of state travel for Lisa Casassa, Public Works Senior Account Clerk, Tamie Frasier, Treasury Manager, Harry Hastie, Information Systems Manager, and Carrie Stockton, Information Specialist, to attend the High Mobility Solutions (HMS) Conference in Asheville, North Carolina, from April 22-25, 2003, at a total estimated cost of $2,000 per person.

CONSENT CALENDAR – Continued

GENERAL ADMINISTRATION

22. 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 Calistoga’s request (Resolution No. 2002-124), 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)

23. County Counsel requests approval of the following:

A. Conflict of Interest Code for the newly organized In-Home Supportive Services Public Authority of Napa County; and

B. Amended Conflict of Interest Codes for the following local agencies:

i) Napa County Flood Control and Water Conservation District;

ii) Lake Berryessa Resort Improvement District;

iii) Napa-Berryessa Resort Improvement District;

iv) Silverado Community Services District; and

v) Local Agency Formation Commission of Napa County.

(Copies on file with the Clerk of the Board)

24. County Counsel requests adoption of a resolution ratifying the appointment of the County Executive Officer effective March 1, 2003 and approving the employment contract for this appointment. (Contract on file with the Clerk of the Board)

25. County Counsel requests approval of and authorization for the Chair to sign Amendment No. 4 to Agreement No. 4169 with Foley & Lardner to provide for a maximum compensation of $135,000 for Fiscal Year 2002/2003 and $135,000 for each subsequent fiscal year, for legal services relating to Medicare and Medi-Cal regulatory processes.

26. Director of Emergency Services requests approval of the following actions related to a Fiscal Year 2002 Supplemental Grant for Citizen Corps and Community Emergency Response Team (CERT) from the Federal Emergency Management Agency, Office of National Preparedness:

A. Authorization to apply for the grant in the amount of $8,836; and

B. Adoption of a resolution designating individuals in the following positions to execute documents associated with the grant application: County Executive Officer, or Principal Management Analyst, or Emergency Services Manager.

CONSENT CALENDAR – Continued

GENERAL ADMINISTRATION – Continued

27. Human Resources Director requests adoption of a resolution approving revised class specifications with regards to the position of Administrative Manager/Clerk of the Board, effective January 21, 2003.

28. Human Resources Director requests adoption of a resolution regarding an application for industrial disability retirement with Public Employee’s Retirement System (PERS), effective November 23, 2002.

29. Human Resources Director requests adoption of the following Retirement Resolutions:

A. No. 03-06 for Lucille Cameron, Probation Officer III, Probation Department, in recognition of over 29 years of service; and

B. No. 03-07 for Linda Christian, Legal Clerk/Computer Systems Supervisor, Sheriff’s Department, in recognition of over 32 years of service.

30. Information Technology Services Director requests a waiver of competitive bidding requirements and authorization to make a sole source award for the purchase and installation of Cardiff LiquidOffice eForm Management System Software from NEKO Industries, Inc., at a cost not to exceed $72,193.

31. Regional Training Employment Coordinator requests approval of and authorization for the Chair to sign an agreement with the State of California, Employment Development Department for a maximum of $405,000 for the term January 1, 2003 through December 31, 2005 for the California Occupational Information System (COIS) Project for the North Bay.

32. Regional Training Employment Coordinator requests approval of the following actions pertaining to the Nurse Workforce Initiative (NWI) with the State of California, Employment Development Department:

A. Approval of and authorization for the Chair to sign an agreement in the amount of $1,041,024 for the term of October 1, 2002 through September 30, 2005; and

B. Approval of Budget Transfer No. 52 appropriating $1,041,024 in the Regional Training Employment budget, with offsetting revenues from the NWI grant. (4/5 vote required)

CONSENT CALENDAR – Continued

GENERAL ADMINISTRATION – Continued

33. Acting County Executive Officer recommends extending the term of the Selective Hiring Policy effective June 4, 2002 through June 30, 2003.

34. Acting County Executive Officer/Director of Emergency Services requests adoption of a resolution extending the Proclamation of Local Emergency declared on December 16, 2002.

35. DISCUSSION OF ITEMS REMOVED FROM THE CONSENT CALENDAR.

SET MATTERS

36. 9:10 A.M. Dale Wagerman, Napa County’s legislative advocate, to provide a status report regarding the budget.

37. 9:15 A.M. Discussion and possible action including, but not limited to, the following legislation:

Adoption of a resolution urging the California Legislature to reject the Governor's proposed shift of local Vehicle License Fee revenues and to honor the 1998 commitment to restore the Vehicle License Fees.

38. 9:30 A.M. Board of Supervisors meeting as a Board of Equalization:

A. Approve minutes of Board of Equalization meeting of January 7, 2003.

B. Agenda review.

C. STIPULATIONS*

01-09, Not Another Winery LLC

01-11/01-13, (Assessor’s Parcel Nos. 027-560-003, 027-560-005,

02-25 & 027-560-006 and 027-560-007)

02-27/02-29

01-24 Kaiser Foundation Health Plan

(Assessor’s Parcel No. 001-521-019)

02-15 Bryant L. Morris

(Assessor’s Parcel Nos. 016-110-048, 016-110-051

and 016-110-053)

D. WITHDRAWALS*

01-10 & Not Another Winery LLC

02-26 (Assessor’s Parcel No. 027-560-004)

01-34 Long’s Drug Stores California, Inc.

(Assessor’s Parcel No. 044-030-021)

E. REQUESTS FOR CONTINUANCE*

01-18 & 01-19 Dey Laboratories

(Assessor’s Parcel No. 046-610-021)

F. WAIVER*

Request Board approve stipulation waiving two-year time limit in which to hear appeal extending the time from June 30, 2003 through December 31, 2003 for the following Application for Changed Assessment:

99-78 Austin Hills

(Assessor’s Parcel No. 032-530-007)

SET MATTERS – Continued

Item No. 38 – Continued

G. HEARING*

01-28 Bedford Properties

(Assessor’s Parcel No. 046-620-004)

*Background information on file with the Clerk of the Board.

H. Adjourn to Board of Equalization meeting Tuesday, February 18, 2003 at

9:30 A.M.

39. 10:00 A.M. Director of Conservation, Development and Planning (CDP) to update the Board on Napa County Watershed programs and activities and request the following actions:

A. Approval of Budget Transfer No. 57 appropriating $289,344 from the Contingency Fund to the CDP budget (4/5 vote required);

B. Approve and authorize the Chair to sign the following agreements:

i) Amendment No. 1 to Agreement No. 4670 with Jones and Stokes increasing the amount by $199,788 for a new maximum of $328,208 to implement the following Napa River Watershed Task Force (NRWTF) Phase II recommendations:

1) Conservation Regulations Update – completion of comprehensive re-write.

2) Oak Preservation Ordinance – development of ordinance.

3) Watershed Fees and Incentives – development of program.

ii) Agreement with Austin McInerny Consulting for $43,730 for the term January 21, 2003 through June 30, 2003 for phase one of the Master Environmental Assessment; and

iii) Agreement with Jones and Stokes for $45,826 for the term January 21, 2003 through June 30, 2003 for development and processing of Local Timber Harvest Rules.

C. Board direction on NRWTF Oversight Committee (NRWTFOC) appointments as follows:

i) Direct staff to seek candidates for the vacant positions, including Planning Commission representative, on the NRWTFOC and bring back for Board consideration and appointment; and

ii) Consider expanding the NRWTFOC to include a residential property owner representative and such other additional interest/community group representatives, as the Board deems necessary.

SET MATTERS – Continued

40. 10:40 A.M. Closed Session regarding:

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Government Code Section 54956.9 (a))

Name of case: Wesley and Lauren Thollander, et. al. v. Napa County Board

of Supervisors, et.al. A100527 (Napa County Superior Court Case No. 26-15917)

41. 11:00 A.M. PUBLIC HEARING Casa Las Trancas Winery/John and Linda Miller Trust (located on a 11.66 acre parcel on the north side of “Old Trancas Street”, approximately 220 feet east of intersection with Big Ranch Road) - Request the following:

A. First and final reading and adoption of Proposed Ordinance No. 01265-RZG to rezone +/- 6.45 acres of an 11.66 acre parcel from a Residential County/

Agricultural Preserve (RC/AP) split zoning district to an Agricultural Preserve (AP) zoning;

B. Approval of Use Permit to establish a new 100,000-gallon per year winery with 22,700 square feet of building(s) for fermentation, barrel storage, bottling, retail sales, administration offices and laboratories and a 1,500 square foot covered crush pad area for a winery totaling 24,200 square feet and, 1) custom crushing activities (crushing, fermentation, barrel aging and bottling) for up to two custom producers utilizing 25% (25,000 gallons per year) of the total approved winery production capacity; 2) three full and/or part-time employees (three additional employees at harvest); 3) 50 visitors per week; 4) a picnic area; 5) 17 parking spaces; 6) tours and tasting by appointment only; 7) a marketing plan with six activities per year with a maximum of 35 people per event, two wine auction events with a maximum of 50 people per event and one event per month for wine related organizations with a maximum of 35 people per event; 8) construction of a pressure distribution sewage system; and, 9) road and access improvements; and

C. Adoption of mitigated negative declaration subject to the conditions of approval of the use permit.

ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration Prepared. According to the Mitigated Negative Declaration, the proposed project would have, if mitigation measures are not included, potentially significant environmental impacts in the following areas: aesthetics, cultural, noise, traffic.

(CONTINUED FROM OCTOBER 22 AND DECEMBER 3, 2002)

SET MATTERS – Continued

42. 1:30 P.M. Recess to the Napa County Flood Control and Water Conservation District (NCFCWCD) meeting. (See NCFCWCD Agenda)

REGULAR CALENDAR

GENERAL ADMINISTRATION

43. Acting County Executive Officer requests appointment of three (3) members from the following applicants to serve on the Napa County Children and Families Commission with the term of office to expire January 1, 2007:

Applicants

Anne Carver Tracy Lamb

Dianna Chiabotti George J. Monteverdi*

Dee Cuney Sarah L. Van Giesen

Sheila M. Daugherty Jason A. Weiss

*Incumbent

44. Acting County Executive Officer requests appointment of two (2) members from the following 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, 2003:

Applicants

Olga Livia Cruz

Marilyn Dunn

Mayra Alejandra Perez

45. Acting County Executive Officer to present overview of planned issuance of Certificates of Participation (COP) to finance new Napa Sheriff’s Facility and Juvenile Justice Center Projects, and also to possibly refinance existing COP.

46. Board of Supervisors’ Committee Reports and Announcements.

REGULAR CALENDAR - Continued

GENERAL ADMINISTRATION – Continued

47. Board of Supervisors’ Future Agenda Items.

ADJOURN TO THE BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, JANUARY 28, 2003 AT 9:00 A.M. AT 1195 THIRD STREET, ROOM 305, NAPA, CALIFORNIA, 94559.

AT 9:40 A.M. ON JANUARY 28, 2003, THE BOARD WILL RECESS TO THE NAPA VALLEY EXPOSITION, CHARDONNAY HALL (NAPA FAIRGROUNDS), 575 THIRD STREET, NAPA, FOR THE PUBLIC HEARING ON THE PROPOSED STREAM SETBACK ORDINANCE AND THE BALANCE OF THE AGENDA.