AGENDA

NAPA COUNTY BOARD OF SUPERVISORS

TUESDAY NOVEMBER 18, 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

A. Presentation of a Proclamation to County Information Technology Services Geographic Information Systems (GIS) staff, proclaiming November 19, 2003 as GIS Day in Napa County.

B. Presentation of a Proclamation celebrating Angwin Community Ambulance’s 25^th anniversary. (Supervisor Dillon)

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

Public Safety

A. County Fire Chief and County Executive Officer/Purchasing Agent reports a waiver of competitive bidding requirements to make a sole source award for the purchase of a Porta Count Plus Respirator Fit Tester from TSI, Inc. through Brenton Safety of South San Francisco, California, for a total amount of $8,958 pursuant to County Ordinance Code 2.36.090.

Human Services

B. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 3555 with the City of Napa for a maximum of $10,000 for the term July 1, 2003 through June 30, 2004 for the Friday Night Live and Club Live Programs.

C. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 3647 with MATRIX for a maximum of $20,000 for the term July 1, 2003 through June 30, 2004 for parent advocacy and resources for families in the Children’s Behavioral Health Programs.

Human Services – Continued

D. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 5061 with Barbara Reisman, M.D., for a maximum of $25,000 for the term July 1, 2003 through June 30, 2004 to provide psychiatric services to clients of the Juvenile Drug Court.

E. Director of Health and Human Services requests approval of and authorization for the Chair to sign a revenue agreement with the Northern California Council for the Community for a maximum of $15,000 for the term November 18, 2003 through November 30, 2003 for the Human Resources Demonstration Project.

F. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements:

1) Mental health managed care agreements for the term September 1, 2003 through

June 30, 2004:

a) Agreement with Janak Sachdev, M.D., for a maximum of $10,000;

b) Agreement with Neelam Sachdev, M.D., for a maximum of $15,000; and

c) Agreement with Kiran Koka, M.D., for a maximum of $5,000.

2) Business Associate Agreements setting forth the terms and conditions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule:

a) Janak Sachdev, M.D.;

b) Neelam Sachdev, M.D.; and

c) Kiran Koka, M.D.

G. Director of Health and Human Services requests approval of the following actions regarding substance abuse services for state parolees:

1) Authorization for the Chair to sign an agreement with Alternatives for Better Living, Inc., for a maximum of $10,365 for the term November 18, 2003 through

June 30, 2004; and

2) Budget Transfer No. 25 increasing appropriations by $10,365 with offsetting revenue in the Substance Abuse Services budget. (4/5 vote required)

H. Director of Health and Human Services requests approval of a resolution relating to the Emergency Housing and Assistance Program Application (EHAP) for a State loan to construct and operate a new homeless shelter.

I. Director of Health and Human Services requests approval of and authorization for the Chair to sign a grant application from the Social Security Administration for a maximum of $200,000 for the term January 1, 2004 through December 31, 2004 for the Homeless Outreach Projects Evaluation (HOPE) Program.

Human Services – Continued

J. Director of Health and Human Services requests approval of the following actions pertaining to the location and operation of the Winter Shelter and related services:

1) Adoption of a resolution declaring a shelter crisis in accordance with Government Code Sections 8698 through 8698.2; and

2) Authorization for the Chair to sign a lease with the State of California to utilize space at Napa State Hospital, Building B, Napa, California, to operate an Emergency Winter Homeless Shelter from November 15, 2003 through April 15, 2004.

Community Resources & Infrastructure

K. Agricultural Commissioner requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4760 with the California Department of Food and Agriculture (CDFA) reimbursing County costs not to exceed $43,406 associated with sudden oak death inspection services for the term July 1, 2003 through June 30, 2004.

L. Agricultural Commissioner requests approval of and authorization for the Chair to sign the renewal of the following agreements with the California Department of Food and Agriculture (CDFA) and the California Environmental Protection Agency, Department of Pesticide Regulation (DPR), to perform services for the term July 1, 2003 through

June 30, 2004:

1) Agreement No. 1992 for the reimbursement of expenditures associated with nursery inspection services with revenue not to exceed $500;

2) Agreement No. 4168 for the reimbursement of expenditures associated with insect detection trapping for Olive Fruit Fly with revenue not to exceed $23,897;

3) Agreement No. 4103 for the reimbursement of expenditures associated with high-risk pest exclusion inspection services with revenue not to exceed $26,277; and

4) Agreement No. 3307 for the reimbursement of expenditures associated with submission of Pesticide Use Data to the Department of Pesticide Regulation with revenue not to exceed $8,588.

M. Director of Conservation, Development and Planning requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4882 with Environmental Science Associates (ESA) increasing the amount by $3,535 for a new maximum of $56,855 for preparation of Initial Study and related CEQA documents in connection with the Napa Canyon Vineyards Project (Erosion Control Application ECPA 02-253).

Community Resources & Infrastructure – Continued

N. Director of Conservation, Development and Planning requests approval of and authorization for the Chair to sign an agreement with EDAW, Inc. (EDAW) for a maximum of $99,962 for the term November 18, 2003 through June 30, 2004 for preparation of Initial Study and related CEQA documents in connection with the Upper Range Ranch Vineyards Project (Erosion Control Application ECPA 02-454).

O. Director of Public Works requests approval of and authorization for the Chair to sign Amendment No. 4 to Agreement No. 3916 with Martin, Rivett & Olson, Inc. increasing the amount by $87,533 for a new maximum of $327,790 for the update of the Oakville Cross Road Bridge Design and to complete Caltrans required cultural resource evaluations.

P. Director of Public Works requests approval of and authorization for the Chair to sign

Amendment No. 4 to Agreement No. 4593 with Quincy Engineering, Inc. increasing the amount by $28,000 for a new maximum of $330,000 for preparation of additional detour plans and revisions to plans and specifications for the construction of interim improvements at the intersection of Highway 12/Highway 29/Airport Road.

Q. Director of Public Works requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 4918 with Quincy Engineering, Inc. increasing the amount by $3,049 for a new maximum of $310,900 for additional archaeological consulting services related to the Devlin Road Extension (North) Project.

R. Director of Public Works requests approval of and authorization for the Chair to sign a Space License Agreement with Community Action of the Napa Valley, Inc. (CANV) at a monthly cost of $1,404 for the term July 1, 2003 through June 30, 2004 for County Health & Human Services (HHS) staff use of an area in the HOPE Center at 625 Randolph Street in Napa to provide outreach programs to the homeless.

S. Director of Public Works requests approval of and authorization for the Chair to sign an agreement with the City of Calistoga for a maximum of $3,600 for the term July 1, 2003 through June 30, 2004 with automatic fiscal year renewal provisions for landscape maintenance at the Calistoga Library.

T. Director of Public Works requests approval of plans and specifications for the “Minor Modifications at the Napa City/County Library and the Corrections Facility Project,”

PW 03-02, authorization to advertise for bids and setting 3:30 P.M. on December 18, 2003 for the opening of sealed bids.

Community Resources & Infrastructure – Continued

U. 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 02-28, "Skyline Wilderness Park Entrance Improvements Project."

General Administration & Finance

V. Auditor-Controller requests the Board accept and instruct the Clerk of the Board to file the Follow-up Letter for the audit of the Napa County Health and Human Services Agency-Training and Employment Center Division for the fiscal year ended June 30, 2002. (Copy on file with the Clerk of the Board)

W. Human Resources Director requests adoption of a resolution amending the Table and Index and Departmental Allocation List with regards to adding one (1) Program Planning Manager position in the Conservation, Development and Planning Department, effective

November 18, 2003.

X. Human Resources Director requests adoption of a resolution amending the Table and Index for the purpose of increasing the bi-weekly compensation of the Board of Supervisors effective July 1, 2003, as authorized by Napa County Ordinance No. 1148.

Y. Regional Training Employment Coordinator requests approval of and authorization for the Chair to sign an agreement with Dean Bowen dba Net-Flow Internet Solutions for $12,000 for the term November 11, 2003 through June, 30 2004 to provide website design, development and printing services which will disseminate grant based employment information and opportunities.

Z. County Executive Officer requests the appointment of Robert Eickmeier to the Workforce Investment Board representing the One-Stop Partner category with the term to commence immediately and expire June 30, 2004.

AA. County Executive Officer requests the appointment of Alan Wagner to the Board of Directors of the Napa County Winegrape Pest and Disease Control District with the term of office to commence immediately and expire March 26, 2005.

General Administration & Finance – Continued

BB. County Executive Officer requests appointment/reappointment of the following applicants to serve on the Napa County Commission on Aging with the terms of office commencing immediately and expiring September 30, 2006:

Applicants Representing

Catherine Ager Organization Concerned with Older Adults

Barbara P. Beato* Organization Concerned with Older Adults

Joice M. Beatty* District #3

Barbara Becker Organization Concerned with Older Adults

Sarah Gorodezky* Organization Concerned with Older Adults

*Incumbents

CC. County Executive Officer/Purchasing Agent requests the following:

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

2) Authorize the Purchasing Agent to dispose of these items of personal property by donating them to Cybermill and Catholic Charities, both of which are tax-exempt Health and Human Services organizations.

DD. Approve minutes of Board of Supervisors’ meetings of November 4 and October 28, 2003.

7. DISCUSSION OF ITEMS REMOVED FROM THE CONSENT CALENDAR

8. SET MATTERS - PUBLIC HEARINGS

A. 9:20 A.M. First Reading and intention to adopt an ordinance of the Board of Supervisors of the County of Napa, State of California, amending Sections 2.36.020 through 2.36.070 and 2.36.090 through 2.36.100 of the Napa County Code pertaining to the powers and procedures of the County Purchasing Agent, including the increase of the purchasing agent’s authorization limit to fifty thousand dollars in accordance with revised Government Code Section 25502.3.

ENVIRONMENTAL DETERMINATION: It can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment and therefore CEQA is not applicable [See Guidelines for the Implementation of the California Environmental Quality Act, 14 CCR 15061(b)(3), and Exemption Section 404 of the Napa County CEQA Guidelines].

8. SET MATTERS - PUBLIC HEARINGS – Continued

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

1) Approve minutes of Board of Equalization meeting of October 21, 2003.

2) Agenda review.

3) STIPULATIONS*

03-10 John C. Mitchell

(Assessor’s Parcel No. 043-020-008)

03-11 Rodger O. Heggelund

(Assessor’s Parcel No. 052-200-005)

4) WITHDRAWAL*

02-06 Lauretta Geary

(Assessor’s Parcel No. 032-020-006)

5) REQUEST FOR CONTINUANCE*

03-17 Randy L. Mihm

(Assessor’s Parcel No. 025-330-020)

6) HEARINGS*

03-08 John Christen

(Assessor’s Parcel No. 052-500-010)

03-09 Bedford Property Investors

(Assessor’s Parcel No. 046-620-004)

03-13 Marc A. Longoria

(Assessor’s Parcel No. 046-334-004)

03-16 Lynn E. Barr

(Assessor’s Parcel No. 820-004-788)

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

7) Adjourn to Board of Equalization meeting Tuesday, December 16, 2003 at 9:30 A.M.

C. 10:00 A.M. Thomas Weinert – Rezoning Request #03298-RZG. Approval to rezone a

18.84 acre parcel from Timber Preserve (TP) to an Agricultural Preserve (AP) zoning district, located on the west side of Big Ranch Road, approximately 800 feet south of its intersection with Garfield Lane (Assessor’s Parcel No. 038-180-020) 2130 Big Ranch Road, Napa.

ENVIRONMENTAL DETERMINATION: Categorical exemption pursuant to Class 5 (CEQA Guidelines Section 15303), Minor alterations to land use limitations.

(STAFF REQUESTS CONTINUANCE TO DECEMBER 9, 2003 AT 9:30 A.M.)

8. SET MATTERS - PUBLIC HEARINGS – Continued

D. 10:00 A.M. County Counsel requests the following:

1) Accept Elections Code Section 9111 Report and take one of the two 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 or before November 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 next statewide general election, which is the March 2, 2004 presidential primary election.

ENVIRONMENTAL DETERMINATION: EXEMPT FROM CEQA (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]).

2) Accept Elections Code Section 9111 Report and take one of the two 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 or before November 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 next statewide general election, which is the March 2, 2004 presidential primary election.

3) Accept Elections Code Section 9111 Report and take one of the two 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 or before November 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 next statewide general election, which is the March 2, 2004 presidential primary election.

8. SET MATTERS - PUBLIC HEARINGS – Continued

E. 10:30 A.M. County Executive Officer requests adoption of a resolution establishing, increasing and decreasing fees for services provided by the Agriculture Commissioner; County Fire Department; Conservation, Development and Planning Department; Environmental Management Department; Environmental Management – Division of Animal Control; and Department of Public Works based upon Countywide User Fee Study provided by Maximus, Inc.

(CONTINUED FROM OCTOBER 28, 2003)

F. 11:00 A.M. Appeal by Norbert J. Dickman to the approval by the Director of Public Works of a lot line adjustment application of the lands of James Creek Vineyards, LLC. (CONTINUED FROM SEPTEMBER 24, OCTOBER 22 AND DECEMBER 10, 2002,

JANUARY 14, FEBRUARY 11, MAY 20, JUNE 24 AND AUGUST 5, 2003)

APPELLANT REQUESTS WITHDRAWAL OF APPEAL

9. ADMINISTRATIVE ITEMS - NONE

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 - 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. (Case No. 26-22255)

15. ADJOURNMENT

ADJOURN TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

DECEMBER 2, 2003 AT 9:00 A.M.