AGENDA NAPA COUNTY BOARD OF SUPERVISORS TUESDAY DECEMBER 2, 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 recognizing Nord Coast Vineyard Service for their exemplary leadership in utilizing Integrated Pest Management practices.

B. Presentation of a proclamation to Gayle O’Kelley in recognition of 25 years of service at the Volunteer Center.

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 authorization to accept the following related to the Chamberlain High School Trust Account, which provides funding for field trips and incentives for students:

1) A donation in the amount of $500 from the Kiwanis Club; and

2) Any future donations.

Public Safety

B. Director of Corrections requests approval of and authorization for the Chair to sign an agreement with ALDEA, Inc. for a maximum amount of $12,970 for the term August 1, 2003 through June 30, 2004 to provide inmates with Spanish speaking counseling and training.

C. Director of Corrections requests approval of and authorization for the Chair to sign a revenue agreement with Community Action of Napa Valley, Inc. for the term of July 1, 2003 through June 30, 2004 to provide meals to the Napa Senior Nutrition Program at a cost of $2.54 per meal.

Human Services

D. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 3402 with the California Department of Health Services, increasing the amount by $171,590 for a new maximum of $1,915,961 for operation of the Women, Infants and Children (WIC) Supplemental Nutrition program.

E. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4458 with Barbara McCarroll, Ph.D., increasing the amount by $6,000 for a new maximum of $78,240 to provide an Infant/Child Mental Health Specialist for the Therapeutic Child Care Center.

F. Director of Health and Human Services requests approval of and authorization for the Chair to sign an agreement with Alternatives for Better Living, Inc., for a maximum of $40,000 for the term October 1, 2003 through June 30, 2004 to provide case management and residential substance abuse services.

G. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements with Dan Peters, Ph.D., for the term July 1, 2003 through June 30, 2004:

1) An agreement for a maximum of $1,000 to provide services in the Children’s Behavioral Health program; and

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

H. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements with Ocadian Care Centers, dba Medical Hill Rehabilitation Center, for the term July 1, 2003 through June 30, 2004:

1) An agreement for a maximum of $100,000 to provide mental health treatment services; and

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

I. Director of Health and Human Services requests approval of the mental health charge rates for Short Doyle Medi-Cal services effective January 1, 2004.

Community Resources & Infrastructure

J. Agricultural Commissioner/Sealer of Weights and Measures requests approval of and authorization for the Chair to sign renewal of Agreement No. 1733 with the California Department of Pesticide Regulation (DPR) reimbursing County costs not to exceed $19,590 associated with enforcement of Restricted Pesticide Permit Regulations from July 1, 2003 through June 30, 2004.

K. Director of Environmental Management requests adoption of a resolution declaring the existence of a public nuisance on property located at 455 Manzanita Drive, Angwin (Assessor’s Parcel No. 024-121-002), ordering the abatement thereof and directing an itemized accounting of the costs incurred in abating the nuisance.

L. Library Director requests adoption of two revisions to the Library’s policy manual, including the “2004 Holiday Schedule” and “Checkouts.” (Policies on file with the Clerk of the Board)

M. Director of Public Works requests approval of and authorization for the Chair to sign an agreement with Stahr & Associates, Inc. for a maximum of $9,600 for the term

December 2, 2003 through June 30, 2004 for appraisal of three parcels of land potentially needed for Devlin Road extension project.

N. 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 $48,000 for a new maximum of $350,000 for preparation of additional detour plans and revisions to plans and specifications for the construction of interim improvements at the intersection of Hwy 12/Hwy 29/Airport Road.

O. 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 03-10, “Milton Road Culvert Replacement Project.”

General Administration & Finance

P. Auditor-Contoller requests the Board accept and instruct the Clerk of the Board to file the Follow-up Letter for the audit of the Napa County Treasurer-Tax Collector for the fiscal year ended June 30, 2001. (Copy on file with the Clerk of the Board)

Q. Clerk of the Board requests approval of and authorization for the Registrar of Voters to consolidate and conduct a City of Calistoga Municipal Election as requested by the City of Calistoga (Resolution No. 2003-118) with the Presidential Primary Election to be held

March 2, 2004, with the provision that all services rendered by the County for the City in connection with such election be reimbursed in full.

General Administration & Finance – Continued

R. Director of Emergency Services requests the following actions related to various grants:

1) Authorization to accept the following:

a) 2003 Community Emergency Response Team (CERT) grant in the amount of $8,004;

b) Fiscal Year 2002 PreDisaster Mitigation Grant in the amount of $25,000 to fund the Hazard Mitigation Plan for the Napa Operational Area; and

c) Fiscal Year 2002 FEMA Supplemental Planning Grant in the amount of $85,260.

2) Approval of Budget Transfer No. 27 increasing appropriations in the Emergency Services budget by $118,264 with offsetting revenues from the grants listed above and an additional $8,836 grant which was accepted and appropriated in Fiscal Year 2002/2003 but was not received or expended until Fiscal Year 2003/2004.

(4/5 vote required)

3) Approval of Budget Transfer No. 26 transferring $30,790 within the Emergency Services budget and establishing the following fixed assets to be purchased from approved Homeland Security Grant monies (4/5 vote required):

One Porta Count $ 8,945

Two Decontamination Shelter/Shower ($5,385 ea) $10,770

One Confined Space Rescue Kit $ 5,377

One Cable and Antenna Analyzer $ 5,698

S. Human Resources Director requests adoption of a resolution revising monthly CalPERS health plan rates, Delta Dental and Pacific Union dental insurance rates and authorization to execute the service agreements effective January 1, 2004.

T. Human Resources Director requests adoption of a resolution amending the Departmental Allocation List to add one (1) Office Assistant II in the Social Services Division of the Health and Human Services Agency, effective December 2, 2003.

U. Second reading and adoption of 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 $50,000 in accordance with revised Government Code Section 25502.3.

General Administration & Finance – Continued

V. County Executive Officer requests the following appointments to the Delinquency Prevention Commission. Appointees will serve on the combined Juvenile Justice/Delinquency Prevention Commission:

Representing Term Expires

Daniel Andrews IV Youth-Voting September 1, 2005

Marilyn Martinez Youth-Voting September 1, 2005

Olga Martinez Youth-Voting September 1, 2005

Kimberlee Gilson Adult Citizen March 1, 2006

W. County Executive Officer requests appointment/reappointment of the following applicants to the Measure A Financial Oversight Committee with the term of office commencing immediately and expiring June 30, 2006:

Representing

Greg Bennett* City of Napa

Renate Halliday Town of Yountville

Bernhard Krevet* Friends of the River

Peter Murphy* City of St. Helena

*Incumbents

X. County Executive Officer requests approval to close County operations that are not essential to public safety and other emergency services on Friday, December 26, 2003 and on Friday, January 2, 2004.

7. DISCUSSION OF ITEMS REMOVED FROM THE CONSENT CALENDAR

8. SET MATTERS - PUBLIC HEARINGS

A. 9:30 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 $5,000,000.

(COUNTY COUNSEL REQUESTS REMOVAL FROM AGENDA. PUBLIC HEARING

TO BE RENOTICED FOR DECEMBER 16, 2003 AT 11:30 A.M.)

8. SET MATTERS - PUBLIC HEARINGS - Continued

B. 9:45 A.M. PUBLIC HEARING Consideration and possible approval of the following requests that would establish six (6) new Agricultural Preserve Contracts and rescission and replacement of four (4) existing Agricultural Preserve Contacts under the provisions of the Williamson Act:

Request for New Contracts

1) Request of the City of American Canyon to create a new Type “H” Agricultural Preserve Contract, No. 03398-AGK, establishing an Agricultural Preserve under the provisions of the Williamson Act of 642.08 acres, more or less. The property is located north of American Canyon Road within the Agricultural Watershed (AW) zoning district (APN 059-130-004);

2) Request of Ven-Cal Ranches, LLC to create a new Type “A” Agricultural Preserve Contract, No. 03373-AGK, establishing an Agricultural Preserve under the provisions of the Williamson Act of 20.01 acres, more or less. The property is located at the intersection of Silverado Trail and Hardman Avenue within the Agricultural Preserve (AP) zoning district (APN 039-190-035);

3) Request of Tench Vineyards, LLC to create a new Type “A” Agricultural Preserve Contract, No. 03391-AGK, under the provisions of the Williamson Act of

60.86 acres, more or less. The property is located on Silverado Trail within the Agricultural Preserve (AP) zoning district (APN 031-070-006);

4) Request of Emison Vineyard, LLC to create a new Type “A” Agricultural Preserve Contract, No. 03389-AGK, under the provisions of the Williamson Act of 10.14 acres, more or less. The property is located on Orchard Road within the Agricultural Preserve (AP) zoning district (APN 035-041-017);

5) Request of Trefethen Vineyards, Ltd. to create a new Type “A” Agricultural Preserve Contract, No. 03392-AGK, under the provisions of the Williamson Act of 43.59 acres, more or less. The property is located on Oak Knoll within the Agricultural Preserve (AP) zoning district (APN 036-140-063); and

6) Request of O’Brien Family Vineyards, LLC to create a new Type “A” Agricultural Preserve Contract, No. 03388-AGK, under the provisions of the Williamson Act of 26.93 acres, more or less. The property is located on Orchard Road within the Agricultural Preserve (AP) zoning district. (APN 035-041-015)

Request for Contract Rescission and Replacement

7) Request of Douglas Shafer, Trustee of the Douglas F. Shafer Revocable Trust U/A/D April 17, 2003, to rescind Type “H” Agricultural Preserve Contract

No. 493/87/H and substitute with Type “H” Contract No. 03138-AGK;

8) Request of Joseph M. Harris and Virginia Escher Harris to rescind Type “H” Agricultural Preserve Contract No. 99205-AGK and substitute with Type “H” Contract No. 03426-AGK;

9) Request of Domaine Chandon, Inc. to rescind Type “A” Agricultural Preserve Contract No. 135/77/A and substitute with Type “H” Contract No. 03458-AGK; and

10) Request of Arcadia Vineyards, LLC to rescind Type “H” Agricultural Preserve Contract No. 02223-AGK and substitute with Type “H” Contract

No. 03400-AGK.

8. SET MATTERS - PUBLIC HEARINGS - Continued

C. 10:00 A.M. Presentation by Agricultural Commissioner/Sealer of Weights and Measures and University of California at Davis on pesticide use trends in Napa County vineyards.

D. 10:30 A.M. Special Meeting:

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

CONSENT

1) Approve minutes of Lake Berryessa Resort Improvement District meeting of

September 16, 2003.

2) District Engineer requests approval of Budget Transfer No. 29 transferring funds within the budget increasing the equipment appropriation by $8,000, to cover additional cost related to the purchase of an emergency generator and automatic transfer switch.

(4/5 vote required)

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

E. 12:00 P.M. (or at the conclusion of business) Recess to Lake Berryessa tour and workshop.

9. ADMINISTRATIVE ITEMS

A. Discussion and possible action:

1) Directing staff to prepare an argument for or against each of the following Initiatives for adoption by the Board of Supervisors on December 9, 2003:

a) “Forest and Water Protection Ordinance of 2002” (Measure O);

b) “Old Pometta’s Deli Preservation Ordinance of 2004” (Measure Q);

c) “Old Pope Valley Market Preservation Ordinance of 2004” (Measure R);

d) “Napa Sea Ranch Improvement Ordinance of 2004” (Measure S); OR

2) Authorizing a member or members of the Board to prepare and file an argument for or against one or more of the above identified initiatives.

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)].

9. ADMINISTRATIVE ITEMS - Continued

B. Discussion and possible action:

1) Directing staff to prepare an argument for or against Measure “P” for possible adoption by the Board of Supervisors on December 2^nd or 9^th, 2003. Measure “P” asks the voters to determine whether Ordinance No. 1221, which revised stream setbacks and certain other provisions of the Floodplain Management and Conservation Regulations, should be approved and take effect; OR

2) Authorizing a member or members of the Board to prepare and file an argument for or against Measure “P”.

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)].

C. Director of Health and Human Services requests approval of the following actions related to the development of permanent housing for mentally ill individuals and families:

1) Authorization for the Chair to sign a lease agreement with the Department of Mental Health for a maximum amount of $15,660 for the term November 1, 2003 through October 31, 2063;

2) Budget Transfer No. 30 transferring $15,660 from the Mental Health Trust Fund to the Behavioral Health budget to increase appropriations for Fiscal Year 2003/2004 (4/5 vote required);

3) Authorization for the Chair to sign a sublease with Skyline Apartments, Inc. for the term November 1, 2003 through October 31, 2063 for the development and project management of the permanent housing project; and

4) Authorization for the Chair to sign a Loan Agreement with Skyline Apartments, Inc. for a maximum of $930,000 to construct a multifamily housing development and ancillary improvements.

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 9, 2003 AT 9:00 A.M.