AGENDA

 

   NAPA COUNTY BOARD OF SUPERVISORS

 

TUESDAY                  FEBRUARY 26, 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

 

Jay Hull

County Executive Officer

Mary Jean McLaughlin

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.         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.

 

 

4.         Department Heads’ Reports and Announcements.

 

 

CONSENT CALENDAR

 

CRIMINAL JUSTICE

 

 

5.         Chief Probation Officer requests approval of Budget Transfer No. 81 for $6,750 from the Auditor’s 10% Rebate Trust Fund to fund the cost of collecting restitution judgments from adult probationers.

 

 

6.         Chief Probation Officer requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4569 with Del Norte County reducing the monthly payment to Del Norte by $7,800 for a new monthly payment of $5,850 and reducing the number of beds reserved at the Bar-O-Boys Ranch from seven (7) to three (3).

 

 

7.         District Attorney requests approval of Budget Transfer No. 54 transferring $57,620 from Appropriations for Contingencies to the Family Support Division budget to pay for office equipment and installation.  (4/5 vote required)

 

 

FINANCE

 

 

8.         Auditor-Controller requests the Board accept and instruct the Clerk of the Board to file the Follow-up Report for the Public Works Department for the fiscal year ended June 30, 2000.  (Report on file with the Clerk of the Board)

 

 

 

 

CONSENT CALENDAR – Continued

 

FINANCE

 

 

9.         Auditor-Controller requests the Board accept and instruct the Clerk of the Board to file the Audit Reports for the fiscal year ended June 30, 2000 for the Health and Human Services Agency-Human Services Delivery System, Social Services, Health and Behavioral Health Departments.  (Reports on file with the Clerk of the Board)

 

 

HUMAN SERVICES

 

 

10.       Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the following agreements for the term February 1, 2002 through June 30, 2002 to provide counseling services in the Substance Abuse Treatment Options Program (STOP):

 

            A.        Agreement with Kevin Kappler, Ph.D., for a maximum of $2,704; and

            B.        Agreement with Fred Hollander, MFT, for a maximum of $2,704.

 

 

11.       Director of Health and Human Services Agency requests the following actions related to Child or Parent Emergency, dba C.O.P.E. Family Center:

 

            A.        Approval of and authorization for Chairman to sign the renewal of Agreement No. 2731 for a maximum of $12,000 for the term July 1, 2001 through June 30, 2002; and

            B.        Approval of Budget Transfer No. 82 increasing appropriations by $1,500, with offsetting revenue in Social Services.  (4/5 vote required)

 

 

12.       Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 2939 with Richard Geisler, Ph.D., for a maximum of $11,040 for the term July 1, 2001 through June 30, 2002 to provide forensic psychological services.

 

 

 

 

 

 

 

 

 

 

 

CONSENT CALENDAR – Continued

 

PROPERTY

 

 

13.       Acting Director of Public Works requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4281 with Edd Clark Associates increasing the amount by $135,000 for a new maximum of $170,000 and amending the Scope of Services for the Water Street site to add disposal of contaminated soil and ground water from the Napa Maintenance Facility at 933 Water Street, Napa.

 

 

14.       Acting Director of Public Works/Aviation requests authorization for Chairman to sign a Certificate of Acceptance of an Avigation and Hazard Easement Deed from Fahim Noorzay, Maria Noorzay, Ishaq Osman and Sina Osman.  (Assessor’s Parcel No. 058-070-020)

 

 

GENERAL ADMINISTRATION

 

 

15.       County Counsel requests:

           

A.        Second reading and adoption of an ordinance amending Chapter 18.124 of the Napa county code by adding section 18.124.035 and amending Sections 18.124.010, 18.124.040, 18.124.060 18.124.070 and 18.124.100 pertaining to the issuance of use permits, making the Board of Supervisors the decision-making body for use permits and ceqa determinations when the Board is the decision-making body for any necessary companion action, such as a General Plan Amendment; and

B.        Adopt finding of exemption from the California Environmental Quality Act (CEQA) and authorize Chairman to sign Notice of Exemption.

            ENVIRONMENTAL DETERMINATION: Exempt from CEQA, General Rule (County Guidelines Section 404).

 

 

16.       Local Enforcement Agency Manager requests:

 

A.        Adoption of resolution authorizing the submittal of an application to the California Integrated Waste Management Board for the 2002/03 Local Government Waste Tire Cleanup Grant in the amount of $13,720; and

B.        Authorization for Assistant County Executive Officer to execute the required documents.

 

 

17.       Personnel Director requests adoption of a resolution amending the Table and Index with regard to the Attorney classifications in County Counsel, effective February 16, 2002.

 

 

CONSENT CALENDAR – Continued

 

GENERAL ADMINISTRATION – Continued

 

 

18.       County Executive Officer requests adoption of a resolution authorizing the submission of the Napa County Transition Plan for the Napa County Department of Child Support Services to the State Department of Child Support Services for approval.

 

 

19.       County Executive Officer requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4665 with TMP Worldwide increasing the amount by $30,800 for a new maximum of $66,000 to perform financial consulting services at Health and Human Services Agency.

 

 

20.       Approve minutes of Board of Supervisors’ meeting of January 8, 2002.

 

 

21.       DISCUSSION OF ITEMS REMOVED FROM THE CONSENT CALENDAR.


 

 

SET MATTERS

 

 

22.       9:15 A.M.  PUBLIC HEARING  Conservation, Development and Planning Director requests approval of amendments to the following Agricultural Preserve Contracts as requested by William E. Jarvis and Leticia A. Jarvis to conform to a single lot line adjustment application with a zero net change in acreage under contract:

 

            A.        Type “H” Agricultural Preserve Contract No. 475/86, increasing the agricultural land under contract from 62+ acres to 133.6+ acres.  (Assessor’s Parcel No. 033-370-010)

            B.        Type “H” Agricultural Preserve Contract No. 472/86, decreasing the agricultural land under contract from 96.89+ acres to 60.89+ acres.  (Assessor’s Parcel No. 033-040-023)

            C.        Type “H” Agricultural Preserve Contract No. 471/86, decreasing the agricultural land under contract from 228.62+ acres to 160+ acres.  (Assessor’s Parcel No. 033-370-003)

            D.        Type “H” Agricultural Preserve Contract No. 476/86, increasing the agricultural land under contract from 360+ acres to 393.02+ acres.  (Assessor’s Parcel No. 033-360-007)

 

The properties mentioned above are located north of and adjacent to State Highway 121 (Monticello Road) in the area south of Milliken Canyon.  All of the properties are within an Agricultural Watershed (AW) Zoning District.

ENVIRONMENTAL DETERMINATION: Categorically Exempt.

 

 

23.       10:00 A.M.  Board of Supervisors to consider and take possible action to support or oppose the following Statewide propositions on the March 5, 2002 ballot:

 

Proposition 40 -  California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002

 

                             Proposition 41 - Voting Modernization Act of 2002

 

                             Proposition 42 - Transportation Funding: Sales and Use Tax Revenues

 

                             Proposition 43 - Right to Have Vote Counted

 

                             Proposition 44 - Insurance Fraud

 

                             Proposition 45 - Legislative Term Limits: Local Voter Petitions

 

 

 

 

 

SET MATTERS – Continued

 

24.       2:00 P.M.  PUBLIC HEARING  Consideration of appeal filed by Thomas N. Lippe, Attorney on behalf of the Sierra Club, to the Conservation, Development and Planning Commission’s decision on December 19, 2001 to adopt  Resolution No. 01-09  adopting findings, conditions of approval, a statement of overriding considerations, and a mitigation-monitoring plan pursuant to the California Environmental Quality Act Status (CEQA) to approve Beringer Wine Estates - Use Permit Request No. 98597-UP to authorize a 1,424,400 square foot winery facility (maximum height of 35 feet, 43 feet with parapet) consisting of 1,167,590 square feet of wine warehouse and storage space; 60,000 square feet of ancillary offices, administrative and laboratory space; 196,810 square feet of related use (wine crushing, blending, bottling, and employee areas, etc.); and with an annual production capacity of 36 million gallons per year.  The project also proposes treatment and storage ponds (12 acres); a total of 350 parking spaces; and 51 loading docks.  The project includes a concurrent establishment of approximately 115 acres of vineyards to be irrigated with reclaimed treated winery wastewater; preservation of a riparian and wildlife corridor along "No Name" Creek, and provide wetlands mitigation.  The site is a 218 acre parcel located at the southwest intersection of South Kelly Road and Devlin Road, immediately south of the Napa County Airport within an Industrial Park: Airport Compatibility (IP:AC) Combination Zoning District.  (Assessor's Parcel No. 057-090-069)

ENVIRONMENTAL DETERMINATION: Certified Final Impact Report-Beringer

Wine Estates Devlin Road Facility.

 

REGULAR CALENDAR

 

CRIMINAL JUSTICE

 

25.       First reading and intention to adopt an ordinance adding a new Chapter 2.25 to Title 2 of the Napa County Code creating the Napa County Department of Child Support Services.

            ENVIRONMENTAL DETERMINATION:  Not subject to California Environmental Quality Act (CEQA).

 

GENERAL ADMINISTRATION

 

26.       Discussion and possible action including, but not limited to, the following legislation:

 

                  SB 1243 (Torlakson): Requires the Metropolitan Transportation Commission (MTC) to meet with the Association of Bay Area Governments (ABAG) for the purpose of conducting a study of the feasibility of merging the functions of the two entities into a new regional government commission, and to make a report to the Legislature no later than January 1, 2004.
 
                  Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002: A proposed water bond to provide funding for water security, safe drinking water, clean water/water quality, contaminant and salt removal technologies, CALFED Bay-Delta program, integrated regional water management, Colorado River projects, and coastal watershed and wetland protection.

 

 

REGULAR CALENDAR - Continued

 

GENERAL ADMINISTRATION - Continued

 

 

27.       Board of Supervisors’ Committee Reports and Announcements.

 

 

28.       Board of Supervisors’ Future Agenda Items.

 

 

29.       Closed Session regarding:

 

A.        CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government

Code Section 54956.8)

 

Property:  Assessor’s Parcel Nos. 052-110-022 & 052-110-062

Negotiating Parties:       Owens Corning, A Delaware Corporation

                                    Acting Director of Public Works or Designee

Under Negotiation:       Price

 

Property:  Assessor’s Parcel No. 057-110-023

Negotiating Parties:       Dennis Brazer

                                    Acting Director of Public Works or Designee

Under Negotiation:       Price

 

Property:  Assessor’s Parcel No. 057-110-012

Negotiating Parties:        Garrett Brown

                                     Acting Director of Public Works or Designee

Under Negotiation:       Price

 

            B.        CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

 

                        Significant exposure to litigation pursuant to Government Code Section

54956.9(b):  (Two cases)

 

            C.        PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE  (Government

                        Code Section 54957)

 

 

 

ADJOURN TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, MARCH 5, 2002 AT 9:00 A.M.