AGENDA NAPA COUNTY BOARD OF SUPERVISORS TUESDAY APRIL 22, 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 A. 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. 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 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.

4. Department Directors’ Reports and Announcements.

CONSENT CALENDAR

CRIMINAL JUSTICE

5. Chief Probation Officer requests approval of and authorization for the Chair to sign an agreement with Lee and Virginia Molgaard, dba Youth and Families Consulting of Ames, in the amount of $6,000 for the term April 22, 2003 through June 30, 2003 to provide Strengthening Families Program training to social service providers and develop local trainers assisting the Youth and Family Resource Network (YFRN) Program.

6. Chief Probation Officer requests approval of and authorization for the Chair to sign an agreement with Douglass L. Marum, Ph.D. for $5,000 for the term March 1, 2003 through June 30, 2003 to provide individual and family counseling to clients participating in the Youth and Family Resource Network Program.

7. Chief Probation Officer requests adoption of a resolution approving the second year operation of the Youth & Family Resource Network (YFRN) Program and submitting the plan to the State Board of Corrections for Fiscal Year 2003/2004 in the amount of $424,868.

8. Chief Probation Officer and Library Director request approval of Budget Transfer No. 87 appropriating $8,000 to the Library Budget, with offsetting revenues from the Probation Department’s Youth and Family Resources Network Program (AB1913) to expand the English Language Literacy Intensive program to American Canyon Middle School. (4/5 vote required)

CONSENT CALENDAR - Continued

CRIMINAL JUSTICE – Continued

9. Sheriff requests authorization to sign the State of California, Department of Parks and Recreation grant application for Fiscal Year 2003/2004 in the amount of $67,000 for the purchase of a truck, two ATV’s and miscellaneous equipment.

10. Sheriff requests authorization to sign the State of California, Department of Parks and Recreation grant application for Fiscal Year 2003/2004 in the amount of $65,000 for funding overtime costs for patrol in the North Lake Berryessa Public Lands and the Knoxville Recreation Areas.

FINANCE

11. Auditor-Controller requests authorization to draw a warrant in the amount of $31,000 from the Napa County Fair Fund, payable to the Napa County Fair, as the third installment of the 2003 Allocation from the State.

12. Auditor-Controller requests the Board accept and instruct the Clerk of the Board to file the Audit Report for the Treasurer-Tax Collector’s Office for the fiscal year ended June 30, 2001. (Report on file with Clerk of the Board)

HUMAN SERVICES

13. Director of Health and Human Services requests approval of the following actions regarding the Transitional Residential Alliance and Integrated Network (TRAIN) grant for the term January 1, 2003 through December 31, 2003:

A. Authorization for the Chair to sign renewals of the following agreements:

i) Agreement No. 3989 with Community Action of Napa Valley, Inc. for a maximum of $78,629 to provide counseling services for adult homeless and to administer rent subsidies;

ii) Agreement No. 3990 with Napa Emergency Women’s Services, Inc. (NEWS) for a maximum of $31,050 to provide case management and referral for women and families including those with domestic violence issues; and

iii) Agreement No. 3991 with Progress Foundation for a maximum of $28,938 to provide outreach and case management services to the homeless population.

CONSENT CALENDAR – Continued

HUMAN SERVICES – Continued

Item No. 13 – Continued

B. Acceptance of a grant from the U.S. Department of Housing and Urban Development for the Transitional Residential Alliance and Integrated Network (TRAIN) project in the amount of $123,439.

14. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4711 with Margaret Lee, LCSW, increasing the amount by $2,000 for a new maximum of $3,500 to provide additional counseling services in the Substance Abuse Treatment Options Program (STOP).

15. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 4591 with Gregory Matsumoto, Psy.D., increasing the amount by $1,500 for a new maximum of $12,384 to provide additional counseling services for clients in the children’s programs.

16. Director of Health and Human Services requests approval of and authorization for the Chair to sign an agreement with Napa Valley Economic Development Corporation for a maximum of $20,000 for the term March 1, 2003 through June 30, 2003 to address the technology industry’s labor needs and develop employment opportunities by promoting the Knowledge Administrator occupation.

17. Director of Health and Human Services requests approval of and authorization for the Chair to sign a Memorandum of Understanding with the Special Education Local Plan Area/Local Education Agency (SELPA) for the term April 22, 2003 through August 31, 2003 clarifying respective roles and responsibilities in the California Children’s Services (CCS) medical therapy program.

18. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following Business Associate Agreements setting forth the terms and conditions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule:

A. Access Dental Plan;

B. BD Morgan Investment Group, Inc. dba BD MIG;

C. Sarah Boggs, MFT;

CONSENT CALENDAR – Continued

HUMAN SERVICES – Continued

Item No. 18 – Continued

D. Nancy Burkey, M.D.;

E. Davis Guest Home, Inc.;

F. Richard Geisler, Ph.D.;

G. Douglass Marum, MFT;

H. Edward Olvera, MFT;

I. Redwood Toxicology Laboratory, Inc.;

J. Caroline Sniffen-Smith;

K. Susan Schmall, Ph.D.;

L. Vista DelMar Child & Family Service; and

M. Andre Zunino dba Solution Computing.

19. Director of Health and Human Services requests adoption of a resolution approving the Substance Abuse and Crime Prevention Act of 2000 County Plan and Funding Request for Fiscal Year 2003/2004. (Plan on file with the Clerk of the Board)

20. Director of Health and Human Services and Compliance Officer request acceptance of the Compliance Program Quarterly Report for the period ending March 31, 2003.

PROPERTY

21. Director of Public Works requests approval of and authorization for the Chair to sign an agreement with Siemens Building Technologies, Inc. for a maximum of $31,200 for the term April 22, 2003 through June 30, 2004 for the upgrade, reprogramming and training of the Staefa HVAC Controller System in the Carithers Building.

22. Director of Public Works requests award of the contract for the “Lewelling Avenue Outfall Project,” PW 02-07, to Argonaut Constructors of Santa Rosa, California, for their low bid of $615,915, and authorization for the Chair to sign the construction contract.

23. Director of Public Works requests adoption of a resolution temporarily closing a portion of Berryessa-Knoxville Road from 8:00 A.M. to 11:00 A.M. on Saturday, May 17, 2003 for the Fifth Annual Napa Valley Triathlon.

CONSENT CALENDAR – Continued

GENERAL ADMINISTRATION

24. County Counsel requests authorization for Auditor-Controller to pay a claim over one year old in the amount of $1,049.90 to Shannon Richards for Conflict Public Defender attorney services.

25. County Counsel requests adoption of a resolution authorizing the issuance and sale of Napa Valley Unified School District General Obligation Bonds, Election of 2002, Series 2003 in an aggregate principal amount not to exceed $35,000,000.

26. County Counsel and the Napa Valley Housing Authority request approval of and authorization for the Chair to sign an agreement with Terrance E. Lowell & Associates, Inc. for a maximum of $7,470 for the term April 22, 2003 through August 31, 2003 to prepare the Engineer’s Report required for the levy of assessments pertaining to Napa County Service Area #4 (CSA#4) for Fiscal Year 2003/2004.

27. Director of Emergency Services requests the following:

A. Acceptance of supplemental grant in the amount of $8,836 from the Federal Emergency Management Agency, Office of National Preparedness through the Governor’s Office on Service and Volunteerism;

B. Approve Budget Transfer No. 88 appropriating $8,836 in Emergency Services with offsetting revenues from the grant program (4/5 vote required); and

C. Approval of and authorization for the Chair to sign the following agreements, each in the amount of $1,500 for the term April 22, 2003 through December 4, 2003, related to services provided with a portion of the grant funds:

i) Agreement with the Volunteer Center of Napa County, Inc.; and

ii) Agreement with the American Red Cross, Silverado-Napa Chapter.

28. Human Resources Director requests adoption of a resolution amending the Departmental Allocation List for the Public Works Department with regards to deleting one (1) Staff Services Analyst I/II and adding one (1) Staff Services Manager, effective April 26, 2003.

29. Human Resources Director requests adoption of a resolution amending the Departmental Allocation List for the Juvenile Hall Department with regards to adding two (2) Juvenile Hall Counselor I/II Limited Term (LT) positions funded through June 30, 2003 effective April 26, 2003.

CONSENT CALENDAR – Continued

GENERAL ADMINISTRATION – Continued

30. Human Resources Director requests adoption of a resolution amending the Departmental Allocation List for the Human Resources Department with regards to deleting one Senior Human Resources Analyst and adding one (.75) Senior Human Resources Analyst, effective April 26, 2003.

31. Human Resources Director requests approval of Budget Transfer No. 82 transferring $808,000 from the Workers’ Compensation Retained Earnings to the Workers’ Compensation budget to cover claim and settlement costs for the remainder of fiscal year and increased insurance premium costs. (4/5 vote required)

32. Information Technology Services Director requests approval of and authorization for the Chair to sign an agreement with BindView Corporation for a maximum of $5,000 for the term April 22, 2003 through August 30, 2003 for consultation and training services in relation to the BindView software.

33. Regional Training Employment Coordinator requests approval of and authorization for the Chair to sign an agreement with the Shirley Ware Education Center for $115,569 for the term October 1, 2002 through September 30, 2005 to implement the Nurse Workforce Initiative (NWI) Project to recruit, counsel, train and certify 40 individuals for careers as licensed nurses.

34. County Executive Officer is requesting approval to cancel the Board of Supervisors’ regularly scheduled meeting of Tuesday, April 29, 2003 due to the scheduling of a special meeting of the Board of Supervisors on Monday, April 21, 2003.

35. County Executive Officer requests appointment of Georgia Bachmeier Gann to serve as the youth representative on the Wildlife Conservation Commission with term expiring February 1, 2004.

CONSENT CALENDAR – Continued

GENERAL ADMINISTRATION – Continued

36. County Executive Officer/Purchasing Agent requests the following:

A. Declare certain items of personal property as surplus and no longer required for public use (Complete list on file with the Clerk of the Board); and

B. Authorize the Purchasing Agent to dispose of these items of personal property by donating them to Our Family, Inc., a tax-exempt Health and Human Service organization.

37. DISCUSSION OF ITEMS REMOVED FROM THE CONSENT CALENDAR.

SET MATTERS

38. 9:05 A.M. Library Director requests approval of and authorization for the Chair to sign an agreement with the City of Calistoga for provision of Public Library Services.

39. 9:15 A.M. PUBLIC HEARING Casa Las Trancas Winery/John and Linda Miller Trust (located on a 11.66 acre parcel on the north side of “Old Trancas Street”, approximately 220 feet east of intersection with Big Ranch Road) - Request the following:

A. First and final reading and adoption of Proposed Ordinance No. 01265-RZG to rezone +/- 6.45 acres of an 11.66 acre parcel from a Residential County/

Agricultural Preserve (RC/AP) split zoning district to an Agricultural Preserve (AP) zoning;

B. Approval of Use Permit to establish a new 100,000-gallon per year winery with 22,700 square feet of building(s) for fermentation, barrel storage, bottling, retail sales, administration offices and laboratories and a 1,500 square foot covered crush pad area for a winery totaling 24,200 square feet and, 1) custom crushing activities (crushing, fermentation, barrel aging and bottling) for up to two custom producers utilizing 25% (25,000 gallons per year) of the total approved winery production capacity; 2) three full and/or part-time employees (three additional employees at harvest); 3) 50 visitors per week; 4) a picnic area; 5) 17 parking spaces; 6) tours and tasting by appointment only; 7) a marketing plan with six activities per year with a maximum of 35 people per event, two wine auction events with a maximum of 50 people per event and one event per month for wine related organizations with a maximum of 35 people per event; 8) construction of a pressure distribution sewage system; and, 9) road and access improvements; and

C. Adoption of mitigated negative declaration subject to the conditions of approval of the use permit.

ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration Prepared. According to the Mitigated Negative Declaration, the proposed project would have, if mitigation measures are not included, potentially significant environmental impacts in the following areas: aesthetics, cultural, noise, traffic.

(CONTINUED FROM OCTOBER 22, DECEMBER 3, 2002 AND JANUARY 21,

2003; APPLICANT REQUESTS CONTINUANCE TO JULY 22, 2003 AT

9:15 A.M.)

SET MATTERS – Continued

40. 9:30 A.M. Board of Supervisors meeting as a Board of Equalization:

A. REQUEST FOR CONTINUANCE*

99-78 Austin Hills

(Assessor’s Parcel No. 032-530-007)

(APPLICANT REQUESTS CONTINUANCE TO JULY 15,

2003 AT 9:30 A.M.)

*Request for Continuance on file with the Clerk of the Board.

B. Adjourn to Board of Equalization meeting Tuesday, July 15, 2003 at 9:30 A.M.

41. 10:00 A.M. PUBLIC HEARING Consideration and possible action regarding an appeal filed by Kevin Block, on behalf of his clients Susan and Lonen Curtis to a decision made by the Conservation, Development and Planning Department (the “Department”) on October 16, 2002 approving an Erosion Control Plan Structural No. 02461-ECPS (A Modification to ECPS No. 98241-ECPS) for Kenneth and Susan Viney for land disturbing and earthmoving activities associated with the final construction of the lower driveway (“Phase 1”) on two parcels totaling 51.04 acres located on the west side of Soda Canyon Road, approximately 4.35 miles north of its intersection with Silverado Trail in an Agricultural Watershed (AW) Zoning District. (Assessor’s Parcel Nos. 032-090-014 and 032-060-025)

(CONTINUED FROM JANUARY 28 AND FEBRUARY 25, 2003; APPELLANT

AND APPLICANT REQUEST CONTINUANCE TO MAY 20, 2003 AT 2:00 P.M.)

42. 10:00 A.M. Presentation by Fire Marshall of the Napa County Wildland-Urban Fire Plan with recommendation for the Board to conceptually approve a comprehensive program to include elements for:

A. Public Education (including FireWise Workshop).

B. Local Code Enhancements.

C. Technical Education.

D. Project/Plan Review in Wildland-Urban Interface area.

E. Customized Inspection Program.

F. Community and Emergency Planning.

43. 12:00 P.M. Recess to the groundbreaking ceremony for the Napa County Sheriff’s facility, 1335 Airport Boulevard. (Next to the Greenwood Ranch Fire Station)

SET MATTERS – Continued

44. 2:00 P.M. PUBLIC HEARING Conservation, Development and Planning Department requests consideration and possible action regarding adoption of a mitigated negative declaration. The Napa County Department of Public Works on behalf of the California Department of Transportation is proposing improvements to the State Route 12 and State Route 29 intersection in Napa County, California. The proposed project would alleviate traffic congestion during the morning and afternoon peak periods. The proposed project is located approximately six kilometers (km; 3.7 miles) south of Napa, approximately eight km (five miles) north of Vallejo, and less than 1.6 km (one mile) west of American Canyon. The following improvements are proposed as part of the project:

· The construction of an additional northbound lane on Route 29 through the Route 12/29 Intersection. This lane would be provided by widening the roadway into the existing unpaved median from 400 meters (m; 1310 feet) south to 650 m (2130 feet) north of the intersection. Pavement widening would include one 3.6 m lane and one 0.8-m (2.6-foot) paved left shoulder.

· The extension of the two existing southbound left-turn lanes along Route 29 north of the intersection. These lanes would be extended by approximately 190 m (625 feet). The lanes would be 3.6 m (11.8 feet) in width and would include a 2.2 m (7.0 foot) paved median.

· The relocation of existing traffic signals, electrical equipment, and signs in the median and outside of the existing shoulders to match the widened intersection.

· The addition of a second left turn lane from Airport Boulevard to Route 29 to provide additional capacity.

The proposed project would be completed within the State right-of-way. No additional right-of-way would be required.

ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration Prepared. According to the proposed Mitigated Negative Declaration, the proposed project would have, if mitigation measures are not included, potentially significant environmental impacts in the following areas: air quality, cultural resources, geology, hazardous materials, noise and traffic.

REGULAR CALENDAR

PROPERTY

45. Director of Public Works requests adoption of a resolution authorizing the Department of Public Works to accept a grant from the State Department of Boating and Waterways (DBW) in the amount of $985,000 to rehabilitate the County-owned boat launch facility at Cuttings Wharf and authorizing the Chair to execute the grant documents.

REGULAR CALENDAR – Continued

GENERAL ADMINISTRATION

46. Discussion and possible action regarding a Financial Privacy Ordinance. (Supervisor Wagenknecht)

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

Registrar of Voters requests Board action to oppose AB 1531(Longville)/SB 430 (Johnson) creating two primary elections in presidential election years.

48. Board of Supervisors’ Committee Reports and Announcements.

49. Board of Supervisors’ Future Agenda Items.

50. Closed Session regarding:

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to Government Code Section 54956.9(b): (One case)

ADJOURN TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

MAY 6, 2003 AT 9:00 A.M.