AGENDA

 

   NAPA COUNTY BOARD OF SUPERVISORS

 

TUESDAY                  MARCH 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.         Presentation of a proclamation by the Napa County Child Abuse Council proclaiming the month of April as Child Abuse Prevention Month.

 

 

4.         Presentation of Retirement Resolution No. 02-54 and watch to Maryll Telegdy, Librarian III, in recognition of 15 years of service.

 

 

5.         Presentation of Resolution No. 02-55 to Jay Goetting.

 

 

6.         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.

 

 

7.         Department Heads’ Reports and Announcements.

 

 

CONSENT CALENDAR

 

CRIMINAL JUSTICE

 

 

8.         Sheriff requests the following actions regarding the Solano/Napa Regional Peace Officers' Training Center:

 

            A.        Approval of and authorization for Chairman to sign a Joint Exercise of Powers Agreement with the Cities of Fairfield, Vallejo and Benicia to establish the Solano/Napa Regional Peace Officers’ Training Association;

            B.        Authorize the expenditure of $675,750 for the construction and operation of a firearms and training facility known as the Solano/Napa Regional Peace Officers’ Training Center; and

C.        Appoint Sheriff Gary Simpson as a Director and Lieutenant Brian Banducci as an Alternate of the Board of Directors of the Solano/Napa Regional Peace Officers’ Training Association.

 

 

 

CONSENT CALENDAR – Continued

 

FINANCE

 

 

9.         Assessor/Recorder-County Clerk (Registrar of Voters) requests approval of the Certified Statement of Results of the Direct Primary Election held March 5, 2002 (Official Canvass of Returns) and declare results of the election pursuant to Elections Code Sections 15300-15400.  (Certified Statement on file with the Clerk of the Board)

 

 

10.       Assessor/Recorder-County Clerk requests approval of and authorization for Chairman to sign two cost-sharing agreements with Merced County for reimbursement of funds expended under Agreements 4645 and 4646 for manufactured home/aircraft automated valuation and base year tracking enhancements to the Megabyte property tax system.

 

 

HUMAN SERVICES

 

 

11.       Acting Director of Health and Human Services Agency requests approval of the revised Napa County In-Home Supportive Services (IHSS) Advisory Committee’s Bylaws, effective April, 2002.  (Bylaws on file with the Clerk of the Board)

 

 

12.       Acting Director of Health and Human Services Agency requests authorization for Auditor-Controller to pay a claim over one year old totaling $554.05 to a client in the Child Welfare Services Program for reimbursement of court ordered mileage.

 

 

13.       Acting Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign an agreement with Judy Frendo, MFT, for a maximum of $2,340 for the term July 1, 2001 through June 30, 2002 to provide counseling services in the Children’s Behavioral Health and Child Welfare Services Programs.

 

 

14.       Acting Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign a funding agreement with Catholic Charities, Inc. for a maximum of $186,875 for the term March 26, 2002 through March 26, 2022 for the purchase of multi-unit residential property for the County’s mentally ill clients.

 

 

15.       Acting Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign an agreement with Locumtenens.com, Inc. for a maximum of $79,065 for the term March 22, 2002 through June 30, 2002 to provide both recruitment and psychiatric services to the mental health program.

 

 

CONSENT CALENDAR – Continued

 

HUMAN SERVICES - Continued

 

 

16.       Acting Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 2556 with Community Action of Napa Valley, Inc. for a maximum of $287,595 for the term July 1, 2001 through June 30, 2002 to provide services to the homeless.

 

 

17.       Acting Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4444 with the Napa County Office of Education for a maximum of $86,420 for the term January 1, 2002 through December 31, 2002 to provide Special Education/Early Childhood Instructor for the Therapeutic Child Care Center.

 

 

18.       Acting Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign renewals of the following agreements with psychiatric hospitals to provide mental health services for uninsured clients for the term July 1, 2001 through June 30, 2002:

 

            A.        Agreement No. 4141 with St. Helena Hospital for a maximum of $20,000; and

            B.        Agreement No. 4142 with St. Helena Hospital, dba California Specialty Hospital, for a maximum of $80,000.

 

 

19.       Acting Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 3236 with Queen of the Valley Hospital increasing the amount by $15,831 for a new maximum of $59,136 to provide case management services under the Ryan White Comprehensive AIDS Resources Emergency (CARE) Program.

 

 

20.       Acting Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4496 with Aldea, Inc. increasing the amount by $15,810 for a new maximum of $118,150 to provide day treatment services for clients in the Children’s Behavioral Health Program.

 

 

21.       Acting Director of Health and Human Services Agency requests authorization for travel out of the country for Norma Cervantes, Child Protective Services Worker, to transport a minor child to Mexico City, Mexico, from March 25-27, 2002, at an estimated cost of $2,000.

 

 

 

CONSENT CALENDAR – Continued

 

PROPERTY

 

 

22.       Director of Public Works requests acceptance of the work as complete and authorization for Chairman to sign and file three Notices of Completion with the Clerk/Recorder for the following contracts:

 

            A.        Contract No. RDS 00-07, “Asphalt Concrete Overlay of Various Roads in Napa County;”

B.        Contract No. PW 01-13, “Napa Corporation Yard Remediation Project;” and

            C.        Contract No. PW 00-12, “Napa County Administration Building and Historic Courthouse Interior Alterations Project.”

 

 

23.       Director of Public Works requests award of the contract for the “Guard Rail Installation at Various Locations Project,” RDS 00-18, to PC&N Construction, Inc. of Byron, California, for their low bid of $73,590 and authorization for Chairman to sign the construction contract.

 

 

24.       Director of Public Works requests award of the contract for the “Yountville Cross Road Bridge Seismic Repairs Project,” RDS 02-08, to De Bruin Construction of French Camp, California, for their low bid of $29,170 and authorization for Chairman to sign the construction contract.

 

 

25.       Director of Public Works requests adoption of a resolution authorizing the Department of Public Works to request a grant from the State Department of Boating and Waterways (DBW) in the estimated amount of $788,000 to rehabilitate the County-owned boat launch facility at Cuttings Wharf, and authorizing the Chairman to execute grant documents in the event the grant is awarded to the County.

 

 

26.       Director of Public Works requests approval of Budget Transfer No. 88, increasing appropriations in Public Works/Engineering by $2,238 with offsetting revenue from contingencies to correct a deposit of trust funds erroneously made into the General Fund in Fiscal Year 2000-2001.  (4/5 vote required)

 

 

27.       Director of Public Works requests approval of Budget Transfer No. 89, transferring $28,000 from Equipment Pool Retained Earnings to the Equipment Pool Equipment Replacement Fund to establish a fixed asset in the amount of $28,000 for the purchase of a replacement truck for Property Management.  (4/5 vote required)

 

 

 

CONSENT CALENDAR – Continued

 

PROPERTY - Continued

 

 

28.       Director of Public Works requests adoption of a resolution correcting Resolution No. 01-24 abandoning a portion of Lynch Road from State Route 12 to the intersection of Kirkland Ranch Road; accepting Kirkland Ranch Road as a County road between Lynch Road and State Route 12; and authorizing the Chairman to sign deeds for right of way of Kirkland Ranch Road.

 

 

GENERAL ADMINISTRATION

 

 

29.       Clerk of the Board requests the following actions relating to the Napa County Commission on Self-Esteem:

           

A.        Adopt resolution amending the policy regarding formation, composition, terms of office and various other aspects governing the Commission.

B.        Appoint the following applicants with the terms of office to expire June 30, 2005.

 

Applicants                                            Category of Representation

Joy Cinowalt Lanham*             Appointment by Supervisor Wagenknecht

Dana K. Talbot*                                  Appointment by Supervisor Varrelman

Jean A. Sakakihara                               Appointment by Supervisor Luce

 

*Incumbents

 

 

30.       Clerk of the Board requests appointment of the following individuals to the Tobacco Advisory Board with the terms of office to expire January 31, 2004:

 

            Applicants                    Category

            R. Elaine Wilmes          Educational Institution

            Susan M. Grant            Community Representative

 

 

31.       Acting Personnel Director requests adoption of a resolution amending the Departmental Allocation List and Table and Index for a Limited-Term Sheriff’s Activities League Coordinator and approving a new class specification, effective March 26, 2002.

 

 

32.       Acting Personnel Director requests adoption of a resolution amending the Departmental Allocation List for Library pertaining to Librarian I/II positions, effective March 26, 2002.

 

 

 

CONSENT CALENDAR – Continued

 

GENERAL ADMINISTRATION - Continued

 

 

33.       Acting Personnel Director requests adoption of a resolution amending the Departmental Allocation List with regard to a Limited-Term Mental Health Worker in Behavioral Health, effective March 30, 2002.

 

 

34.       Regional Coordinator requests approval of and authorization for Chairman to sign an agreement with Marin County Department of Health and Human Services for $225,000 for the term October 1, 2001 through September 30, 2002 to develop and implement a program enhancing the capacity of the One-Stop Center to better serve people with disabilities seeking employment.

 

 

35.       County Executive Officer requests approval to participate in the Community Health Charities Payroll Deduction Program for Napa County employees.

 

 

36.       County Executive Officer requests adoption of a resolution renewing the delegation of authority to the Napa County Treasurer-Tax Collector, to invest and reinvest funds held in the County Treasury.

 

 

37.       Approve minutes of Board of Supervisors’ meeting of February 19, 2002.

 

 

38.       DISCUSSION OF ITEMS REMOVED FROM THE CONSENT CALENDAR.

 

 

SET MATTERS

 

 

39.       9:10 A.M.  PUBLIC HEARING  County Counsel requests the following actions relating to adoption of an ordinance amending the Napa County Code:

 

A.        Approval of and authorization for Chairman to sign Notice of Exemption; and

B.        Second reading and adoption of Ordinance No. 01283-ORD of the Board of Supervisors of the County of Napa, State of California, amending Sections 3.10.050, 8.44.030, 13.12.010, 15.08.040, 15.60.010, 17.14.265, 17.22.110, 18.20.040, 18.40.020, 18.40.040, 18.40.050, 18.40.060, 18.40.100, 18.40.110, 18.40.130, 18.80.020, 18.80.050, 18.80.060, 18.80.070, and 18.116.060 pertaining to Technical Corrections, Section 17.06.050 pertaining to Parcel Map Exemption procedures, and Chapter 17.46 pertaining to Lot Line Adjustments.

            ENVIRONMENTAL DETERMINATION:  Exempt (General Rule).

 

 

40.       9:15 A.M.  PUBLIC HEARING  County Counsel requests the following actions to organize the Napa County Winegrape Pest and Disease Control District (District):

 

            A.        Receive from the County Agricultural Commissioner:  (i) a register of owners of winegrape growing acreage within the proposed district; (ii) a Certificate that the Petition for Formation is adequate; and (iii) a report and recommendation on whether conditions of Pierce’s Disease and the Glassy-winged Sharpshooter warrant proceeding with the organization of the District.

            B.        Receive and consider:  (i) any protests to the formation of the District; and/or (ii) requests for the exclusion of lands from or the inclusion of lands in the proposed District.

            C.        Adopt a Resolution determining that: (i) the Board has read and considered the Negative Declaration and it reflects the Board’s independent judgment; (ii) the Negative Declaration was prepared and considered in accordance with the requirements of the California Environmental Quality Act; (iii) there is no substantial evidence that the project will have a significant effect on the environment; and adopt the Negative Declaration.

            D.        Adopt a Resolution determining that: (i) the petition filed requesting formation of the District is legally sufficient; (ii) proper notice of the formation proceedings has been given; and (iii) the report and recommendation of the Agricultural Commissioner establishes that conditions of Pierce’s Disease and the Glassy-winged Sharpshooter warrant proceeding with the organization of the District; and (iv) ordering the District organized.

E.         Appoint a Board of Directors for the District.

            ENVIRONMENTAL DETERMINATION:  Negative Declaration Prepared.  According to the Negative Declaration, the proposed project would not have any potentially significant environmental impacts.

 

 

 

 

SET MATTERS – Continued

 

 

41.       9:30 A.M.  PUBLIC HEARING  Board to consider whether or not to reconsider its decision of November 20, 2001 granting appeal filed by John L. & Rue W. Ziegler, James & Margaret Watson, Erika Mee, Willis Blakewell to the Conservation, Development and Planning Director’s decision of June 19, 2001 to approve Nextel Communication/Athene Neal-Site Plan Approval Request File 00247-SPA to (1) construct an unmanned Nextel communication facility consisting of a new 50’ tall (from existing grade) “slimline” 12’2/4” diameter pole generally located south of an existing barn on the subject property, and (2) install a 3-panel array consisting of 6 antennas on the top of the pole, each having a height of 8’, a width of 5” and a depth of 12’, and (3) construct new ground-mounted telecom support equipment consisting of a primary radio cabinet, primary power cabinet, battery cabinet, telecommunication cabinet, telecommunication and power connections all located within the existing barn building on the subject property, and (4) install approximately 16 lineal feet of underground cable between the new monopole and the equipment room, and (5) construct two new air conditioning units on the roof of the equipment room, and (6) construct a new emergency propane-powered back-up generator within a 5’ by 8’ area immediately south of the new monopole, and (7) install a new propane storage tank  within  an area of 5’ by 10’, approximately 60 feet south of the generator with a new underground connection, and (8) install a new GPS antenna on the roof of the existing barn, and (9) install underground cable between the equipment room and an existing power pole west of the facility, and (10) install a facility identification sign per County requirements at the property access drive at Mee Lane, located on the south side of Mee Lane, approximately one quarter mile east of the intersection of Mee Lane and Highway 29 within an Agricultural Preserve (AP) Zoning District.  (Assessor’s Parcel No. 030-080-029)  953 (N) Mee Lane, St. Helena.

ENVIRONMENTAL DETERMINATION:  None Required (Ministerial Act).

            (PUBLIC HEARING CONTINUED FROM JANUARY 29, 2002; STAFF

             REQUESTS CONTINUANCE TO APRIL 9, 2002 AT 9:25 A.M.)

 

 

42.       9:30 A.M.  Special Meeting:

 

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

 

            CONSENT

            A.        Approve minutes of Lake Berryessa Resort Improvement District meeting of January 22, 2002.

            B.        District Engineer requests authorization to initiate the following actions regarding a potential revenue anticipation loan for the Lake Berryessa Resort Improvement District to complete Capital Improvement Projects approved by the voters in 2000:

                        i)          Apply for loan if a financial analysis to determine viability of loan is positive; and

                        ii)         Authorize Chairman to execute any loan application documents required.

            C.        Adjournment.

 

 

SET MATTERS – Continued

 

 

43.       10:00 A.M.  PUBLIC HEARING  Appeal filed by Vincent Spohn, Attorney on behalf of Carol Brodman, to a decision by the Conservation, Development and Planning Commission on October 3, 2001 to approve Olney Winery – Use Permit Request No. 00088-UP to establish a 25,000 gallon/year winery within a proposed 19,237 square foot winery structure and 15,000 square feet of caves with a marketing plan with 12 events per year, tours and tasting by appointment only, and retail wine sales on a 40 acre parcel located on the west side of Dry Creek Road.

ENVIRONMENTAL DETERMINATION:  Negative Declaration Prepared.   Approximately 1,500 feet south of its intersection with Linda Vista Avenue within an AW (Agricultural Watershed) zoning district.  According to the Negative Declaration, the proposed project would have, if mitigation measures are not included, potentially significant environmental impacts in the following areas:  None.

(CONTINUED FROM JANUARY 22 AND FEBRUARY 19, 2002)

 

 

44.       10:30 A.M.  PUBLIC HEARING   Director of Conservation, Development and Planning requests consideration and possible adoption of resolution determining:

 

            A.        Whether conditions at 450 Tower Road (Assessor’s Parcel No. 057-110-023) in the unincorporated area of the County, known as “Discount Auto Dismantlers and Towing,” constitute a public nuisance pursuant to Napa County Code Section 1.20.050; and

            B.        Whether the County should abate the nuisance, and if so, whether to levy an assessment against the property to recover the County’s cost of abatement.

            ENVIRONMENTAL DETERMINATION:  Categorically Exempt.

            (STAFF REQUESTS CONTINUANCE OF PUBLIC HEARING TO APRIL 16,

             2002 AT 9:30 A.M.)

 

 

45.       12:00 P.M.  Recess to Annual Child Abuse Prevention Council Appreciation Luncheon and Blue Ribbon Campaign Kick-off at the 7th Day Adventist Church, 1105 G Street, Napa.

 

 

46.       2:00 P.M.  PUBLIC HEARING   Appeal filed by Michael Zatkin, Attorney on behalf of Anthony Truchard, Eve Kahn, Ginny Simms and Get A Grip On Growth to an August 1, 2001 decision by the Conservation, Development and Planning Commission to approve Carneros Partners, Inc. – Use Permit Request No. 98511-UP to establish a 100-unit resort, including the construction of lodge structures and guest cottages, a 100-seat restaurant with indoor and outdoor seating, banquet and meeting rooms, a maximum 10,000 square -foot retail facility including food and post office, administrative offices, recreational improvements, water treatment and sewage treatment facilities, a 10,000 square-foot public square and parking for 191 vehicles, located on three parcels totaling

 

 

 

SET MATTERS – Continued

 

Item No. 46 - Continued

 

 

            10.48 acres adjacent to and northeast of the intersection of State Highway 12/121 (Carneros Highway) and Old Sonoma Highway within a Commercial Limited (CL) Zoning District (Assessor’s Parcel Nos. 047-110-025 and 047-110-026), and "access parcel" (Assessor’s Parcel No. 047-110-019) within an Agricultural Watershed (AW) Zoning District.  The proposed project is adjacent to, and integrated with, the Carneros Inn Recreational Vehicle Park/Mobile Home Park Facility under construction (pursuant to Use Permit No. 98290-MOD), and is more fully described and evaluated in the Draft Environmental Impact Report for Carneros Lodge, the written public comment period for which was advertised and held between April 19 and June 4, 2001.

            ENVIRONMENTAL DETERMINATION: Environmental Impact Report Prepared.

(CONTINUED FROM NOVEMBER 6, 2001, JANUARY 22, MARCH 5, AND

 MARCH 12, 2002)

 

 

REGULAR CALENDAR

 

GENERAL ADMINISTRATION

 

 

47.       Discussion and possible action regarding legislation.

 

 

48.       Board of Supervisors’ Committee Reports and Announcements.

 

 

49.       Board of Supervisors’ Future Agenda Items.

 

 

50.       Closed Session regarding:

 

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LIGITATION

Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9

(2 cases).  In one of these cases, a written communication threatening litigation is on

file with the Clerk of the Board and subject to public inspection.

 

 

 

ADJOURN TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

APRIL 9, 2002 AT 9:00 A.M.