AGENDA

 

   NAPA COUNTY BOARD OF SUPERVISORS

 

  TUESDAY                 DECEMBER 16, 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 MATTERSPUBLIC 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 Retirement Resolution No. 03-200 to Catherine Schoen, Library Associate II, in recognition of over 17 years of service.

 

 

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

 

            Law & Justice

 

 

A.        Chief Probation Officer requests approval of and authorization for the Chair to sign an agreement with the County of Solano for placement of Napa County wards at Fouts Springs Youth Facility-Girls Program at a rate of $3,500 per ward per month for the term of December 16, 2003 through December 31, 2004.

 

 

B.        Chief Probation Officer requests adoption of a resolution designating the Volunteer Center, Inc. as the provider of Victim Witness services in Napa County and authorizing them to apply to the Office of Emergency Services for grant funds to operate the program.

 

 

            Public Safety

 

 

C.        County Fire Chief requests approval of and authorization for the Chair to sign the Fiscal Year 2003-2004 Schedule A and Amador Plan Cooperative Agreement with the State of California Department of Forestry and Fire Protection for a maximum of $ 4,782,484 for the term

July 1, 2003 through June 30, 2004 for the provision of fire protection services.

 

 

 

 

 

Human Services

 

 

D.        Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 3558 with ALDEA, Inc., for a maximum of $84,000 for the term December 16, 2003 through June 30, 2004 to provide services in the Therapeutic Learning Center (TLC) Program.

 

 

E.         Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4648 with George Vasquez for a maximum of $5,200 for the term July 1, 2003 through June 30, 2004 to provide alcohol abuse prevention training to merchants and hospitality staff involved in the sale of alcoholic beverages.

 

 

F.         Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4866 with COPE Family Center, Inc., for a maximum of $23,000 for the term July 1, 2003 through June 30, 2004 to provide home visiting services.

 

 

G.        Director of Health and Human Services requests approval of the following actions regarding Child Abuse Prevention and Education Services:

 

1)         Authorization for the Chair to sign the renewal of Agreement No. 2731 with COPE Family Center, Inc., for a maximum of $27,000 for the term July 1, 2003 through

June 30, 2004;

2)         Authorization for the Chair to sign the renewal of Agreement No. 2242 with Volunteer Center of Napa County, Inc., for a maximum of $26,980 for the term

September 1, 2003 through June 30, 2004; and

3)         Budget Transfer No. 33 increasing appropriations by $7,040 with offsetting revenue in the Social Services budget.  (4/5 vote required)

 

 

H.        Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 3260 with Crestwood Behavioral Health, Inc., increasing the amount by $338,467 for a new maximum of $1,237,000 to provide residential mental health services.

 

 

            I.          Director of Health and Human Services requests approval of and authorization for the Chair to sign the following amendments to provide services in the Mental Health Outpatient Managed Care Program:

 

1)         Amendment No. 1 to Agreement No. 4268 with Del Domezio, LCSW, increasing the amount by $4,000 for a new maximum of $20,000;

2)         Amendment No. 1 to Agreement No. 4540 with Gerane Park, LCSW, increasing the amount by $5,000 for a new maximum of $7,500;

3)         Amendment No. 1 to Agreement No. 4547 with Joni Yacoe, MFT, increasing the amount by $2,500 for a new maximum of $10,500;

 

 

Human Services - Continued

 

 

4)         Amendment No. 1 to Agreement No. 4548 with Mimi Wolfe, MFT, increasing the amount by $1,500 for a new maximum of $9,500;

5)         Amendment No. 1 to Agreement No. 4550 with Carol Nagle, LCSW, increasing the amount by $5,000 for a new maximum of $8,000;

6)         Amendment No. 1 to Agreement No. 4551 with Maureen O’Shea, Ph.D., increasing the amount by $3,000 for a new maximum of $12,000;

7)         Amendment No. 1 to Agreement No. 4786 with Robert Zemanek, MFT, increasing the amount by $20,000 for a new maximum of $22,500;

8)         Amendment No. 1 to Agreement No. 6038 with Barrie Glen, Ph.D., increasing the amount by $3,000 for a new maximum of $5,500;

9)         Amendment No. 1 to Agreement No. 6040 with Joel Levitt, MFT, increasing the amount by $2,500 for a new maximum of $5,000;

10)       Amendment No. 1 to Agreement No. 6041 with Cathy Smith, MFT, increasing the amount by 3,000 for a new maximum of $5,500; and

11)       Amendment No. 1 to Agreement No. 6110 with Denise L. Layten, MFT, increasing the amount by $6,000 for a new maximum of $8,500.

 

 

J.         Director of Health and Human Services requests approval of and authorization for the Chair to sign an agreement with Dale Fanning for a maximum of $25,000 for the term

November 1, 2003 through June 30, 2004 for the development and implementation of a Bioterrorism Response Work Plan.

 

 

K.        Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements with Drug Abuse Alternatives Center for the term

December 1, 2003 through June 30, 2004:

 

            1)         Agreement for a maximum of $266,000 to provide substance abuse residential treatment services; and

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

 

 

L.         Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements with Melinda Moore, dba MK Associates, for the term

July 1, 2003 through June 30, 2004:

 

1)         Agreement for a maximum of $5,183 to provide program evaluation of substance abuse services; and

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

 

 

 

 

 

 

Human Services - Continued

 

 

M.       Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements with Charles Taylor, Ph.D., for the term December 1, 2003 through June 30, 2004:

 

1)         Agreement for a maximum of $6,000 to provide psychological assessments to clients in the Child Welfare Service (CWS) Program; and

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

 

 

N.        Director of Health and Human Services requests approval of the Standards for the Certification and Operation of Penal Code 1000/1000.5 Drug Diversion Programs as described in Section 1211 of the Penal Code. (Details on file with Clerk of the Board)

 

 

O.        Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements with The Regents of the University of California, on behalf of the University of California Medical Group, Department of Pediatrics:

 

1)         An agreement for a maximum of $15,500 for the term March 25, 2003 through

            June 30, 2004 to provide medical consultation services in the California Children’s Services and Medical Therapy Unit Programs; and

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

 

 

P.         Director of Health and Human Services requests approval of the following actions regarding the First 5 Napa County Children and Families Commission:

 

1)         Authorization for the Chair to accept three grants and sign the following revenue agreements:

 

            a)         Agreement in the amount of $93,000 for the term November 24, 2003 through December 31, 2004 to fund staff for the Therapeutic Child Care Center;

            b)         Agreement in the amount of $40,000 for the term November 24, 2003 through June 30, 2005 to provide Touchpoints Trainings; and

            c)         Agreement in the amount of $93,000 for the term November 24, 2003 through June 30, 2005 to provide Universal Perinatal Home Visiting.

2)         Adoption of a resolution amending the Departmental Allocation List with regards to an Assistant Public Health Manager (LT) and a Public Health Nurse (LT) position in the Public Health Department, effective January 1, 2004.

 

 

 

 

 

 

 

            Community Resources & Infrastructure

 

 

Q.        Director of Conservation, Development and Planning requests adoption of resolutions establishing six new Agricultural Preserve Contracts and for the rescission and replacement of four existing Agricultural Preserve Contracts under the provisions of the Williamson Act pursuant to Board of Supervisors' action on December 2, 2003.

 

 

R.        Director of Conservation, Development and Planning requests approval of and authorization for the Chair to sign an agreement with Raney Planning & Management, Inc. for a maximum of $133,187 for the term December 16, 2003 through June 30, 2004 for preparation of Initial Study and related CEQA documents in connection with Erosion Control Applications

#01-226-ECPA, 3565 Soda Canyon Road.   (Assessor’s Parcel No. 032-540-018)

 

 

S.         Director of Conservation, Development and Planning requests adoption of a resolution ratifying the changes to the proposed Local Forest Practice rules that have been proposed to date and authorizing the Director of the Conservation, Development and Planning Department to take such additional actions as may be necessary to facilitate a final decision on the proposal.

 

 

T.         Library Director requests approval of the following actions:

 

1)         Acceptance of a grant of $14,000 from the DeLong-Sweet Family Foundation; and

2)         Approval of Budget Transfer No. 32 increasing appropriations for Services and Supplies by $14,000 with offsetting increase in revenue for the Library budget.

(4/5 vote required)

 

 

            U.        Director of Public Works requests approval of and authorization for the Chair to sign an agreement with Winzler and Kelly Consulting Engineers for a maximum of $13,985 for the term December 16, 2003 through December 31, 2004 to provide design services for the replacement of HVAC Units at the Napa County Library, PW 03-18.

 

 

            V.        Director of Public Works/Aviation requests authorization for the Chair to sign a Certificate of Acceptance of an Avigation and Hazard Easement Deed from Leslie E. Lawson and

                        Margaret E. Lawson.  (Assessor’s Parcel No. 057-120-046)

 

 

            General Administration & Finance

 

 

            W.       Auditor-Controller requests approval of the proposed budget for the Napa County Fair for the Fiscal Year 2004.  (Report on file with the Clerk of the Board)

 

 

 

 

            General Administration & Finance – Continued

 

 

            X.        Assessor/Recorder-County Clerk, Auditor-Controller, Treasurer/Tax Collector and Information Technology Services Director request:

 

                        1)         Approval of and authorization for the Chair to sign Amendment No. 5 to Agreement No. 4334 with Megabyte Systems for MPTS2000+ SQL Server Database Support; and

                        2)         Approval of Budget Transfer No. 35 transferring $151,875 from the Property Tax Administration Grant Fund to Assessor ($124,927), Auditor-Controller ($16,998) and Information Technology Services ($9,950).  (4/5 vote required)

 

 

Y.         Human Resources Director requests adoption of a resolution amending the Table and Index and Departmental Allocation List with regards to adding one (1) Attorney IV Limited Term position in the County Counsel Department, effective December 6, 2003 through

June 30, 2004.

 

 

            Z.         Human Resources Director requests adoption of a resolution amending the Table and Index, the Departmental Allocation List and appropriate policies to delete one (1) Principal Management Analyst position and add one (1) Risk Manager position in the County Executive Office, with no net increase in the total number of positions, effective December 20, 2003.

 

 

AA.      Human Resources Director requests adoption of a resolution to amend the Management – Non-Classified (Other) Employees section of the County of Napa Management Compensation Plan to provide the Assistant Auditor-Controller premium pay for possession of a California Certified Public Accountant Certificate, effective December 16, 2003.

 

 

BB.      Regional Training Employment Coordinator requests approval of Budget Transfer No. 31 increasing the appropriations in the Regional Training Employment Office budget by $1,058,177 with offsetting revenues from the United States Department of Labor and the State of California Employment Development Department.  (4/5 vote required)

 

 

CC.      County Executive Officer requests adoption of a resolution delegating its authority to revise deadlines established in the housing agreements with the cities of Napa and American Canyon to the County Executive Officer.

 

 

DD.     County Executive Officer requests approval of Budget Transfer No. 34 transferring $180,000 from Appropriations for Contingencies to the Employee/Retiree Benefits budget for increased costs associated with the unemployment insurance.  (4/5 vote required)

 

 

 

 

 

 

            General Administration & Finance – Continued

 

 

EE.      County Executive Officer requests appointment of the City of Calistoga nominee,

Stuart R. Dole, to the Napa County Parks and Open Space Advisory Committee with term of office commencing immediately and expiring on December 31, 2005.

 

 

FF.       County Executive Officer requests the following appointments to the Advisory Board on Alcohol and Drug Programs with the term of office commencing immediately and expiring as indicated:

 

Applicant                                  Representing                                         Term Expires

Randall Glen Compton  Recovering Community             January 1, 2006

Philip Gerard Duhe                   Interested Citizen                                  January 1, 2007

 

 

GG.     County Executive Officer requests reappointment of the following incumbents with terms expiring September 30, 2006 to serve on the Napa County Farmworker Housing Oversight Committee:

 

Applicant                                  Representing

Kevin Block                             City of Napa

Margaret Duckhorn                  Napa Valley Vintners’ Association

John Heymann              Citizen at Large

Harry Martin                            City of Napa, Alternate

Terry Scott                               Napa County Planning Commission

 

 

7.         DISCUSSION OF ITEMS REMOVED FROM THE CONSENT CALENDAR

 

 

8.         SET MATTERS - PUBLIC HEARINGS

 

 

            A.        9:10 A.M.  Don Peterson, Napa County's Legislative Lobbyist, to provide Status Report.

 

 

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

 

                        1)         Approve minutes of Board of Equalization meeting of November 18, 2003.

 

                        2)         Agenda review.

 

                        3)         STIPULATION*

 

03-18                           David M. and Anne B. Goodrich

(Assessor’s Parcel No. 017-221-012)

 

 

 

 

 

SET MATTERS - PUBLIC HEARINGS – Continued

 

 

                        4)         WITHDRAWAL*

 

03-44                           ATC Building Company

(Assessor’s Parcel No. 009-261-006)

 

                        5)         HEARINGS*

 

02-16/02-18                Diageo Chateau & Estate Wines

                                                (Assessor’s Parcel Nos. 020-370-028, 030-200-047 and

                                                 030-200-054)

 

02-53/02-63                Sterling Vineyards

                                                                        (Assessor’s Parcel Nos. 020-370-028, 020-150-051,

                                                                         020-210-030, 020-210-031, 020-420-024, 020-420-025,

                                                                         030-200-047, 030-200-053, 030-200-054, 020-200-030 and

                                                                         022-010-029)

 

03-23 & 03-24                        Blockbuster, Inc.

                                                (Assessor’s Parcel Nos. 800-050-088 and 800-048-686)

 

03-40 & 03-41                        United Rentals, Inc. #0545 and #2021

                                                (Assessor’s Parcel Nos. 800-046-669, 003-082-014,

 800-051-261 and 057-152-012)

 

03-47                           IHOP Properties Franchisor & Sub-Lessor

(Assessor’s Parcel No. 046-694-012)

 

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

 

 

6)         Adjourn to Board of Equalization meeting Tuesday, January 6, 2004 at 9:00 A.M.

 

 

            C.        10:15 A.M.  PUBLIC HEARING  First and final reading and adoption of an ordinance #03453-ORD of the Board of Supervisors of the County of Napa making technical corrections to Chapters 1.24, 8.04, 18.08, 18.28, and 18.124 and changes to Chapters 5.36 (Temporary Events) and 18.104 (Second Units, Guest Houses, and Winery Setbacks) of the Napa County Code.

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

 

 

 

 

 

 

 

 

SET MATTERS - PUBLIC HEARINGS – Continued

 

 

            D.        10:30 A.M.  Discussion and possible direction to staff in relation to the preparation of a coordinated Request for Proposal with the City of Napa for the collection of solid waste and recyclables in Garbage Zone One, located generally in the unincorporated areas of Napa County in the vicinity of the Cities of Napa and American Canyon.

 

 

            E.         11:30 A.M.  PUBLIC HEARING  County Counsel requests public hearing and adoption of a resolution regarding the issuance and sale of Revenue Bonds to Finance a Co-Generation Facility for Pacific Union College in an aggregate principal amount not to exceed $9,000,000.

 

 

F.         2:00 P.M.  PUBLIC HEARING   Consideration and possible adoption of resolutions to rescind two existing contracts and replacement with a total of five new contracts under the provisions of the Williamson Act:

 

1)         Request of Donald Harms and Patricia Damery, Harms/Damery Trust, to rescind Type “H” Agricultural Preserve Contract No. 603/91/H and substitute with Type “H” Contract No. 03450-AGK.

2)         Request of Sydney Apartments, Inc., to rescind Type “A” Agricultural Preserve Contract No. 97/72/A and substitute with Type “H” Contract No. 03463-AGK.  

3)         Request of Sydney Apartments, Inc., to rescind Type “A” Agricultural Preserve Contract No. 97/72/A and substitute with Type “H” Contract No. 03464-AGK.

4)         Request of Sydney Apartments, Inc., to rescind Type “A” Agricultural Preserve Contract No. 97/72/A and substitute with Type “H” Contract No. 03461-AGK.

5)         Request of Sydney Apartments, Inc., to rescind Type “A” Agricultural Preserve Contract No. 97/72/A and substitute with Type “A” Contract No. 03462-AGK.

 

 

G.        2:30 P.M.  PUBLIC HEARING  First and final reading and adoption of Proposed Ordinance Amendment of the Board of Supervisors of the County of Napa amending Chapters 13.15, 15.08, 18.124 and 18.128 of the Napa County Code relating to regulation of groundwater including requirements of hook-up and/or usage of public water/recycled water when available.

                        ENVIRONMENTAL DETERMINATION: Categorically Exempt, Class 8 (California Environmental Quality Act (CEQA) Guidelines Section 15308), Action taken by a regulatory agency for the protection of the environment.

                        (DROPPED FROM CALENDAR BASED UPON CONTINUATION OF

                         PLANNING COMMISSION’S PUBLIC HEARING.  THIS ITEM WILL BE

                         RE-NOTICED FOR THE BOARD OF SUPERVISORS)

 

 

            H.        2:30 P.M.  Discussion and possible action relating to the Local Taxpayers and Public Safety Protection Act as presented by Amy O’Gorman of the California League of Cities. 

 

 

 

 

 

9.         ADMINISTRATIVE ITEMS

 

 

            A.        Discussion and possible action relating to:

 

1)         Adopting a rebuttal on December 16, 2003, to any Argument against Measure “P” that may be filed; or

2)         Authorizing a member or members of the Board to prepare and file a rebuttal to any Argument against Measure “P” that may be filed; or

3)         Authorizing a member or members of the public to prepare and file a rebuttal to any Argument against Measure “P” that may be filed; or

4)         Consideration and possible action calling a special meeting on or before

December 22, 2003 for the purpose of:

 

            a)         Adopting a rebuttal to any Argument against Measure “P” that may be filed; or

b)         Authorizing a member or members of the Board to prepare and file a rebuttal to any Argument against Measure “P” that may be filed; or

c)         Authorizing a member or members of the public to prepare and file a rebuttal to any Argument against Measure “P” that may be filed.

 

(Measure “P” would allow Ordinance No. 1221 to take effect.  Ordinance No. 1221 revised stream setbacks and certain other provisions of the Floodplain Management and Conservation Regulations)

                        ENVIRONMENTAL DETERMINATION:  Exempt from CEQA.

(CONTINUED FROM DECEMBER 2, DECEMBER 9 AND DECEMBER 12, 2003)

 

 

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

 

Significant exposure to litigation pursuant to subdivision (b) 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. (Case No. 26-22255)

 

 

15.       ADJOURNMENT

 

 

ADJOURN TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

JANUARY 6, 2004 AT 9:00 A.M.