AGENDA

 

   NAPA COUNTY BOARD OF SUPERVISORS

 

TUESDAY                  DECEMBER 10, 2002                        9:00 A.M.

 

 

Brad Wagenknecht

District 1

Mark  Luce

District 2

Mel Varrelman

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.         Presentation of Proclamation to Jean Phillips proclaiming December 10, 2002 as “Jean Phillips Day” in Napa County.

 

 

4.         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.

 

5.         Department Heads’ Reports and Announcements.

 

CONSENT CALENDAR

 

CRIMINAL JUSTICE

 

 

6.         Chief Probation Officer requests approval of and authorization for Chairman to sign an agreement with Fresno Unity Group Homes, Inc., for a maximum of $45,222 for the term October 1, 2002 to June 30, 2003 to provide housing, counseling and medical costs for a Napa County ward.

 

 

7.         Sheriff requests approval of Budget Transfer No. 148 increasing appropriations by $16,787 with offsetting revenue from the California Law Enforcement Equipment Program Trust Account (CLEEP) for the purchase of computer equipment.  (4/5 vote required)

 

 

FINANCE

 

 

8.         Auditor-Controller requests the Board accept and instruct the Clerk of the Board to file the following Audit Reports for the Napa County Department of Corrections:  (Reports on file with Clerk of the Board)

           

            A.        Department of Corrections for the fiscal year ended June 30, 2001;

B.        Inmate Welfare Trust for the fiscal year ended June 30, 2001; and

C.        Inmate Cash Revolving Fund for the fiscal year ended June 30, 2002.

 

 

 

CONSENT CALENDAR – Continued

 

FINANCE – Continued

 

 

9.         Treasurer/Tax Collector requests adoption of a resolution approving the sale of tax-defaulted property at public auction and authorization to re-offer any unsold parcel at a reduced minimum bid.  (Copy of property schedule subject for auction on file with the Clerk of the Board)

 

 

HUMAN SERVICES

 

 

10.       Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4514 with Shasta County Private Industry Council for a maximum of $10,190 for the term July 1, 2002, through June 30, 2003, for services and monthly maintenance of the SMARTware2000 client tracking system.

 

 

11.       Director of Health and Human Services requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4526 with Napa County Transportation Planning Agency, decreasing the amount by $18,572 for a new maximum of $62,954, for the provision of transit services under the Low Income Flexible Transit Program (LIFT).

 

 

12.       Director of Health and Human Services requests approval of the following actions regarding operation of the winter shelter:

 

A.        Authorization for Chairman to sign Amendment No. 1 to Agreement No. 2556 with Community Action of Napa Valley, Inc. to provide a sub-grant of funds to the County for shelter rent; and

B.        Budget Transfer No. 40 increasing appropriations by $6,125 with offsetting revenue in the Social Services budget.  (4/5 vote required)

 

 

PROPERTY

 

 

13.       County Fire Chief requests approval of and authorization for Chairman to sign a Joint Powers Agreement with the cities of St. Helena, Calistoga, Napa, and the American Canyon Fire Protection District for the use of the Fire Safe House Demonstration Trailer.

 

 

CONSENT CALENDAR – Continued

 

PROPERTY – Continued

 

 

14.       Director of Public Works acting as the County Road Commissioner requests adoption of a resolution for County Maintained Road Mileage (CMM) pursuant to Section 2121 of the Streets and Highways Code.

 

 

15.       Director of Public Works requests approval of and authorization for Chairman to sign an agreement with the State of California Department of Fish and Game for the term December 10, 2002 through December 9, 2017 for the operation and maintenance of the Napa River Ecological Reserve.

 

 

GENERAL ADMINISTRATION

 

 

16.       County Counsel requests that the Board of Supervisors call a special meeting of the Board of Supervisors, pursuant to Government Code Section 54956, to be held Thursday, December 12, 2002, commencing at 8:00 a.m., at the Gasser Building, 433 Soscol Avenue, Napa, California, for the sole purpose of conducting a closed session, authorized by Government Code Section 54957, to discuss, and possibly take action, on the following matter: Appointment of the County Executive Officer.

 

 

17.       Human Resources Director requests approval to pay off accrued vacation up to 400 hours to a Probation Officer III who is retiring effective December 28, 2002.

 

 

18.       Human Resources Director requests adoption of a resolution amending the Departmental Allocation List with regards to the extension of certain Limited Term positions in the Regional Training Employment, Substance Abuse Services, Social Services, and Public Works Departments, effective December 28, 2002.  (Details on file with Clerk of the Board)

 

 

19.       Information Technology Services Director requests authorization to purchase up to 100 units of training in PeopleSoft software at an approximate cost of $525 per unit for a maximum of $52,500.

 

 

20.       Regional Training Employment Coordinator requests approval of and authorization for Chairman to sign an agreement with Sonoma County Human Services Department for a maximum of $133,730 for the term of October 1, 2002 through December 31, 2002 to coordinate the Caregiver Training Initiative in Sonoma County.

 

 

CONSENT CALENDAR – Continued

 

GENERAL ADMINISTRATION – Continued

 

 

21.       Acting County Executive Officer requests adoption of resolution regarding adjustments in the allocation of property and other taxes as a result of the American Canyon Road/Flosden Road Annexation No. 3 to City of American Canyon and American Canyon Fire Protection District.

 

 

22.       Acting County Executive Officer requests approval of and authorization for Chairman to sign Amendment No. 2 to Agreement No. 4330 with Deloitte & Touche, LLP, for a maximum of $100,000 for the term December 10, 2002, through June 30, 2003, to evaluate compliance and billing practices.

 

 

23.       Acting County Executive Officer/Purchasing Agent requests approval of and authorization for Chairman to sign an agreement with Paula Stabler for $25,000 for the term December 10, 2002 through June 30, 2003 to provide space planning and systems furniture coordination services.

 

 

24.       DISCUSSION OF ITEMS REMOVED FROM THE CONSENT CALENDAR.


 

SET MATTERS

 

 

25.       9:05 A.M.  PUBLIC HEARING  Consideration and possible rescission of the existing Type “F” Contract No. 139/77/F for Assessor’s Parcel No. 049-080-024, and substitution of the following three (3) agricultural preserve contract amendments relating to a single lot line adjustment application for the lands of Arcadia Vineyards, LLC:

 

(1) Type “H” Contract No. 02222-AGK for 40.00 acres (Assessor’s Parcel No. 049-080-026) of the original 125.51 acres of contracted land.

(2) Type “H” Contract No. 02223-AGK for 60.60 acres (Assessor’s Parcel No. 049-080-027) of the original 125.51 acres of contracted land.

(3) Type “H” Contract No. 02224-AGK covers 32.34 acres (Assessor’s Parcel No. 049-080-025) of the original 125.51 acres of contracted land.

            ENVIRONMENTAL DETERMINATION:  Categorically Exempt under 14CCR15317      (“Class 17”)-Establishment of agricultural preserves and execution of contracts under the Williamson Act.

 

 

26.       9:10 A.M.  First reading and intention to adopt an ordinance amending Section 2.04.040 of the Napa County Code relating to the compensation of the members of the Board of Supervisors and implementing the 401(a) Match currently available to all members of the Non-Classified Service except the Board of Supervisors.

ENVIRONMENTAL DETERMINATION:  Exempt from California Environmental Quality Act (CEQA).  No possibility the ordinance will have a significant effect on the environment. CEQA Guideline 15061(b)(3) [14 CCR 15061(b)(3)].

 

 

27.       9:15 A.M.  PUBLIC HEARING  First and final reading and adoption of proposed Ordinance Amendment No. 02467 amending various sections of the Napa County Code regarding zoning regulations principally applicable in the Berryessa Highlands Subdivision.

            ENVIRONMENTAL DETERMINATION:  Categorically Exempt. (General Rule, Class 5-Minor Alterations in Land Use Limitations)

 

 

28.       9:15 A.M.  PUBLIC HEARING  Appeal filed by Joseph F. Barletta and D. Michael Enfield to a decision by the Director of Public Works to approve a lot line adjustment of the lands of  Lyle E. and Jean M. Schafer and Silverado Owners Association.

(CONTINUED FROM NOVEMBER 12, 2002; STAFF REQUESTS

 CONTINUANCE TO JANUARY 7, 2003 AT 10:30 A.M.)

 

 

29.       9:20 A.M.  PUBLIC HEARING  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 AND OCTOBER 22, 2002; APPLICANT

             AND APPELLANT REQUEST CONTINUANCE TO JANUARY 14, 2003 AT

             10:30 A.M.)

 

 

SET MATTERS – Continued

 

 

30.       9:20 A.M. Closed Session regarding:

 

            PUBLIC EMPLOYEE APPOINTMENT  (Government Code Section 54957)

 

            Title:  County Executive Officer

 

 

31.      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. 32 and remainder of Agenda.

 

 

32.       10:00 A.M.  PUBLIC HEARING  County Counsel requests first and final reading and intention 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;

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 effect 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;

 

 

SET MATTERS – Continued

 

Item No. 32 – Continued

 

 

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, 2002)

 

 

33.       12:00 P.M.  Recess to Annual “Old Timers” Luncheon at The Depot Restaurant.

 

 

REGULAR CALENDAR

 

GENERAL ADMINISTRATION

 

 

34.       Discussion and possible action regarding legislation.

 

 

35.       Board of Supervisors’ Committee Reports and Announcements.

 

 

36.       Board of Supervisors’ Future Agenda Items.

 

 

37.       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 LABOR NEGOTIATOR  (Government Code Section

                  54957.6):

 

Agency negotiator:  Charla Freckmann, Personnel Director

Employee organization:  SEIU Local 614 (NAPE)

Unrepresented employees:  Non-Classified, Management and Confidential

Employees (Excluding Elected Officials)

 

 

ADJOURN TO BOARD OF SUPERVISORS’ SPECIAL MEETING, THURSDAY, DECEMBER 12, 2002 AT 8:00 A.M. AT THE GASSER BUILDING, 433 SOSCOL AVENUE, NAPA, CALIFORNIA.