AGENDA

NAPA COUNTY BOARD OF SUPERVISORS

TUESDAY OCTOBER 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

William S. Chiat

County Executive Officer

Pamela Miller

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, Suite 305, Napa, California 94559. The meeting room is wheelchair accessible. Assistive listening devices and interpreters are available through the Clerk of the Board of the Napa County Board of Supervisors. Requests for disability related modifications or accommodations, aids or services may be made to the Clerk of the Board’s office no less than 72 hours prior to the meeting date by contacting (707) 253-4580 (253-6088TDD).

The agenda is divided into three sections:

CONSENT ITEMS - 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 – PUBLIC HEARINGS - These items are noticed hearings, work sessions, and items with a previously set time.

ADMINISTRATIVE ITEMS - 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, ADMINISTRATIVE ITEMS 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. PRESENTATIONS AND COMMENDATIONS - NONE

4. 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 posted agenda. In order to provide all interested parties an opportunity to speak, time limitations shall be at the discretion of the Chair. As required by Government Code, no action or discussion will be undertaken on any item raised during this Public Comment period.

5. DEPARTMENT DIRECTORS’ REPORTS AND ANNOUNCEMENTS

6. CONSENT ITEMS

Human Services

A. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4065 with Buckelew Programs for a maximum of $305,556 for the term July 1, 2003 through June 30, 2004 to provide housing alternatives for mentally ill clients.

B. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 3 to Agreement No. 3820, a Memorandum of Understanding with the California Department of Health Services for the provision of AIDS education and prevention services.

C. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4934 with Bill Ruhs, MFT, increasing the amount by $6,000 for a new maximum of $8,750 to provide counseling services in the Children’s Behavioral Health and Child Welfare Services Programs.

D. Director of Health and Human Services requests approval of and authorization for the Chair to sign an agreement with Randy Snowden for a maximum of $15,000 for the term

October 1, 2003 through June 30, 2004 to provide consultation services regarding a residential stabilization center.

Human Services – Continued

E. Director of Health and Human Services requests approval of the following actions regarding housing services for the homeless:

1) Shelter services:

a) Authorization for the Chair to sign the renewal of Agreement No. 2556 with Community Action of Napa Valley, Inc. for a maximum of $170,614 for the term July 1, 2003 through June 30, 2004 for the Samaritan and Sullivan Shelters;

b) Authorization for the Chair to sign an agreement with Community Action of Napa Valley, Inc. for a maximum of $82,908 for the term November 1, 2003 through June 30, 2004 for the Winter Shelter; and

c) Budget Transfer No. 20 transferring $72,727 from Appropriations for Contingencies to the Social Services budget (4/5 vote required).

2) New shelter construction:

a) Adoption of a resolution designating the Chair as the person authorized to sign a loan agreement with the Department of Housing and Community Development; and

b) Authorization for the Chair to sign an agreement with the Department of Housing and Community Development for a $500,000 loan to develop and build a new South Market Shelter.

3) Transitional housing:

a) Authorization for the Chair to sign an agreement with Catholic Charities, Inc. for a maximum of $59,082 for the term July 1, 2003 through June 30, 2004 for transitional housing; and

b) Budget Transfer No. 21 increasing appropriations by $59,082 with offsetting revenue from CalWORKS incentive funds in the Social Services budget

(4/5 vote required).

Community Resources & Infrastructure

F. Director of Public Works requests authorization for the Chair to sign a Certificate Granting an Easement Deed to Pacific Gas and Electric (PG&E) for utility services for the Greenwood Ranch Fire Station related to construction of the new Napa County Sheriff Facility.

G. Director of Public Works requests acceptance of the work as complete and authorization for the Chair to sign and Clerk of the Board to file a Notice of Completion with the Clerk/Recorder for Contract No. PW 02-07, “Lewelling Avenue Outfall Project.”

General Administration & Finance

H. County Executive Officer requests approval of and authorization for the Chair to sign an agreement with Community Impact Consulting, Inc., for a maximum amount of $50,000 for the term October 21, 2003 through June 30, 2004 to provide community partnership services.

Community Resources & Infrastructure - Continued

I. County Executive Officer/Purchasing Agent requests approval of and authorization for the Chair to sign an agreement with Empire Office Solution for an amount not to exceed $25,000 per fiscal year for the term September 23, 2003 through June 30, 2004 to provide systems furniture moving services.

J. Approve minutes of Board of Supervisors’ regular meeting on October 7, 2003, and special joint meeting with Napa City Council on October 7, 2003.

7. DISCUSSION OF ITEMS REMOVED FROM THE CONSENT CALENDAR

8. SET MATTERS - PUBLIC HEARINGS

A. 9:15 A.M. Special Meeting:

The Board of Supervisors meeting as the Board of Directors of the Napa Berryessa Resort Improvement District:

CONSENT

1) Approve minutes of the Napa Berryessa Resort Improvement District meeting of

September 16, 2003.

2) District Engineer requests approval of and authorization for the Chair to sign an agreement with Meyer Control, Inc. for the term October 21, 2003 through

June 30, 2004 in an amount not to exceed $37,000 for services related to the installation and upgrade of Supervisory Control and Data Acquisition (SCADA) systems at the Wastewater Treatment Plant.

3) Adjourn to Napa Berryessa Resort Improvement District Special Meeting, Tuesday, January 6, 2004 at 9:00 A.M.

B. 9:30 A.M. Board of Supervisors meeting as a Board of Equalization (BOE):

1) Approve minutes of Board of Equalization meetings of September 16 and

August 19, 2003.

2) Agenda review.

3) STIPULATION*

03-19 Peter J. Menzel)

(Assessor’s Parcel No. 045-310-053)

8. SET MATTERS - PUBLIC HEARINGS - Continued

4) WAIVER*

Request Board approve stipulation waiving two-year time limit in which to hear appeal extending the time from April 30, 2004 through August 31, 2004 for the following Application for Changed Assessment:

99-78 Austin Hills

(Assessor’s Parcel No. 032-530-007)

5) REQUEST FOR CONTINUANCE*

99-78 Austin Hills

(Assessor’s Parcel No. 032-530-007)

(APPLICANT REQUESTS CONTINUANCE TO

JANUARY 20, 2004)

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

6) Adjourn to Board of Equalization meeting Tuesday, November 18, 2003 at 9:30 A.M.

C. 10:00 A.M. Recess to the In-Home Supportive Services (IHSS) Public Authority of Napa County Special Meeting (See IHSS Agenda) or later upon completion of the BOE meeting.

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

9. ADMINISTRATIVE ITEMS

A. Director of Conservation, Development and Planning to provide update on County’s code compliance issues and request approval to take implementing steps to bring back the following actions:

1) Create a code compliance unit;

2) Increase staffing levels;

3) Implement code compliance tracking system;

4) Create, adopt and implement code compliance modules;

5) Initiate enabling amendments to the County code to support the efforts and cost of the code compliance unit; and

6) Outsource mitigation monitoring activities and reporting of programmatic activities associated with a specific environmental expertise.

9. ADMINISTRATIVE ITEMS - Continued

B. County Counsel requests the following:

1) Receive Certification of sufficient signatures on the initiative known as the "Napa Sea Ranch Improvement Ordinance of 2004" from the Registrar of Voters.

2) Take one of the three following actions as required by Elections Code Section 9118:

a) Direct staff to prepare an Ordinance tracking the “Napa Sea Ranch Improvement Ordinance of 2004” without alteration for adoption by the Board on October 28, 2003; or

b) Adopt a resolution placing the initiative known as the "Napa Sea Ranch Improvement Ordinance of 2004" on the ballot for the March 2, 2004 presidential primary election; or

c) Order the appropriate department(s) to prepare and present to the Board a report within 30 days, pursuant to Elections Code Section 9111, and identify the contents of the report.

ENVIRONMENTAL DETERMINATION: Calling an Election required to be held as a result of the gathering of signatures pursuant to Elections Code Section 9116 or 9118 is not subject to CEQA [Friends of Sierra Madre v. City of Sierra Madre, 25 Cal.4^th 165, 189].

C. County Counsel requests the following:

1) Receive Certification of sufficient signatures on the initiative known as the "Old Pometta’s Deli Preservation Ordinance of 2004" from the Registrar of Voters.

2) Take one of the three following actions as required by Elections Code Section 9118:

a) Direct staff to prepare an Ordinance tracking the “Old Pometta’s Deli Preservation Ordinance of 2004” without alteration for adoption by the Board on October 28, 2003; or

b) Adopt a resolution placing the initiative known as the "Old Pometta’s Deli Preservation Ordinance of 2004" on the ballot for the March 2, 2004 presidential primary election; or

c) Order the appropriate department(s) to prepare and present to the Board a report within 30 days, pursuant to Elections Code Section 9111, and identify the contents of the report.

9. ADMINISTRATIVE ITEMS - Continued

D. County Counsel requests the following:

1) Receive Certification of sufficient signatures on the initiative known as the "Old Pope Valley Market Preservation Ordinance of 2004" from the Registrar of Voters.

2) Take one of the three following actions as required by Elections Code Section 9118:

a) Direct staff to prepare an Ordinance tracking the “Old Pope Valley Market Preservation Ordinance of 2004” without alteration for adoption by the Board on October 28, 2003; or

b) Adopt a resolution placing the initiative known as the "Old Pope Valley Market Preservation Ordinance of 2004" on the ballot for the March 2, 2004 presidential primary election; or

c) Order the appropriate department(s) to prepare and present to the Board a report within 30 days, pursuant to Elections Code Section 9111, and identify the contents of the report.

10. LEGISLATIVE ITEMS - NONE

11. BOARD OF SUPERVISORS’ COMMITTEE REPORTS AND ANNOUNCEMENTS

12. BOARD OF SUPERVISORS’ FUTURE AGENDA ITEMS

13. COUNTY EXECUTIVE OFFICER REPORTS AND ANNOUNCEMENTS

14. CLOSED SESSION

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

2) Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9: (One case)

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Government Code Section 54956.9 (a))

Name of case: Jorge Deharo, Hector Olvera, Latinos Unidos de Napa, an Unincorporated

Association v. County of Napa et. al. (Napa County Superior Court Case No. 26-22255)

14. CLOSED SESSION - Continued

C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code

Section 54956.8)

Property: 2000 Airport Road, Napa

Agency Negotiator: Michael Stoltz, County Executive Office

Negotiating Party: JALUX Americas, Inc.

Under Negotiation: Terms of renewal/renegotiation of lease

15. ADJOURNMENT

ADJOURN TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

OCTOBER 28, 2003 AT 9:00 A.M.