AGENDA

 

   NAPA COUNTY BOARD OF SUPERVISORS

 

TUESDAY                  APRIL 9, 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 Valley Association for the Education of Young Children and Community Resources for Children declaring the week of April

7-13, 2002 as the Week of the Young Child.

 

 

4.         Presentation of a proclamation to Neal O’Haire, Emergency Services Manager, declaring the week of April 8-12, 2002 as Earthquake Preparedness Week in Napa County.

 

 

5.         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.

 

 

6.         Department Heads’ Reports and Announcements.

 

 

CONSENT CALENDAR

 

CRIMINAL JUSTICE

 

 

7.         Sheriff requests approval of Budget Transfer No. 96 appropriating $86,312 in the Sheriff’s budget, with offsetting revenues from the Rural and Small County Law Enforcement Assistance Program (RASCLEAP) for law enforcement equipment.

(4/5 vote required)

 

 

FINANCE

 

8.         Auditor-Controller requests authorization to draw a warrant in the amount of $58,500 from the Napa County Fair Fund, payable to the Napa County Fair, for the purpose of replenishing their operating fund.

 

 

CONSENT CALENDAR – Continued

 

FINANCE - Continued

 

 

9.         Treasurer/Tax Collector requests approval of the following persons nominated to serve on the Napa County Treasury Oversight Committee with the terms of office to expire on March 31, 2003:

 

            Pam Kindig                  Auditor-Controller.

            Mike Rippey                Representative selected by the Board.

            Barbara Nemko           County Superintendent of Schools or his/her designee.

            Bruce Heid                   A representative selected by a majority of the presiding officers

                                                of the governing bodies of the school districts and community

                                                college district.

            Jill Techel                     A representative selected by a majority of the presiding officers

                                                of the legislative bodies of the special districts in the County that

                                                are required or authorized to deposit funds in the County Treasury.

 

 

HUMAN SERVICES

 

 

10.       Acting Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the following agreements with COPE Family Center for the term July 1, 2001 through June 30, 2002:

 

            A.        Renewal of Agreement No. 3724 for a maximum of $200,647 to provide services under the Family Preservation and Support Project;

            B.        Renewal of Agreement No. 4234 for a maximum of $225,946 to provide services under the Answers Benefiting Children (ABC) grant; and

            C.        Agreement for a maximum of $73,540 to provide counseling services and emergency housing assistance.

 

 

11.       Acting Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign Amendment No. 4 to Agreement No. 3402 with the California Department of Health Services increasing the amount by $56,567 for a new maximum of $1,230,046 for operation of the Women, Infants and Children (WIC) Supplemental Nutrition Program.

 

 

12.       Acting Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4458 with Barbara McCarroll, Ph.D., increasing the amount by $76,708 for a new maximum of $149,508 and extending the term to December 31, 2002, to provide an Infant/Child Mental Health Specialist for the Therapeutic Child Care Center.

 

 

CONSENT CALENDAR – Continued

 

HUMAN SERVICES – Continued

 

 

13.       Acting Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4028 with the California Department of Mental Health (CDMH) for a maximum of $649,226 for the term July 1, 2001 through June 30, 2002, for the Napa County Mental Health Managed Care Program.

 

 

14.       Acting Director of Health and Human Services Agency requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4252 with Community Action of Napa Valley, Inc. for a maximum of $20,000 for the term January 1, 2002 through June 30, 2002, to provide counseling and referral services.

 

 

15.       Acting Director of Health and Human Services Agency and Compliance Officer request acceptance of the Compliance Program Quarterly Report for the period ending March 31, 2002.

 

 

PROPERTY

 

 

16.       Director of Environmental Management requests:

 

            A.        Adoption of a resolution authorizing a joint application with the County of Sonoma for a used oil opportunity grant from the California Integrated Waste Management Board (CIWMB) to implement an agricultural and marina used oil recycling program; and

            B.        Authorization to retain Ecology Action without competitive solicitation to apply for the CIWMB grant, and if the grant is received, to implement the related grant program.

 

17.       Director of Environmental Management requests adoption of a resolution authorizing the Upper Valley Waste Management Agency to submit regional grant applications and its Manager to execute required documentation and implement the purposes specified in the grant applications to the Department of Conservation for litter reduction and beverage container recycling until June 30, 2007.

 

 

CONSENT CALENDAR – Continued

 

PROPERTY – Continued

 

 

18.       Director of Conservation, Development and Planning requests authorization for Purchasing Agent to issue a Purchase Order to Jones and Stokes for a maximum of $5,000 to conduct a Training Workshop on the California Environmental Quality Act (CEQA) on April 10, 2002.

 

 

19.       Director of Public Works requests approval of plans and specifications for the “Napa County Hall of Justice, Historical Courthouse and Library HVAC Replacement Project,” PW 02-05, authorization to advertise for bids and setting 3:30 P.M. on May 2, 2002 for opening of sealed bids.

 

 

20.       Director of Public Works requests an extension to January 9, 2003 for the completion date for improvements required by Subdivision Improvement Agreement No. 4105 with the Barrel Ten Quarter Circle Land Company.

 

 

21.       Director of Public Works requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4535 with Ross~Drulis~Cusenbery Architecture increasing the amount by $298,740 for a new maximum of $1,219,658 for additional architectural services relating to the new Juvenile Justice Center.

 

 

22.       Director of Public Works requests approval of the following relating to the Capital Improvement Program budget, Fund 1000:

 

            A.        Budget Transfer No. 93 establishing a $200,000 appropriation for capital projects at Lake Berryessa Resort Improvement District, with offsetting revenue from a Community Development Block Grant (CDBG) from the California Department of Housing and Community Development; (4/5 vote required) and

            B.        Budget Transfer No. 94 moving appropriations in the amount of $66,013 from various completed capital projects to the Health and Human Services Building K/Building B Kitchen remodel project.

 

 

23.       Director of Public Works requests approval of Budget Transfer No. 95 increasing appropriations in Roads by $1,000,000, with offsetting revenue from available Roads Fund Balance, for ongoing work expected to be completed through the end of the Fiscal Year.   (4/5 vote required)

 

 

CONSENT CALENDAR – Continued

 

PROPERTY – Continued

 

 

24.       Director of Public Works requests the following actions relating to 1386 Green Island Road, LLC, a California limited liability company, and direction to the Clerk of the Board to record all ensuing documents:

 

A.        Approval of and authorization for Chairman to sign:

            i)          An agreement for Deferred Construction of Improvements as a condition of Site Plan Approval No. 00201-SPA; and

            ii)         A Certificate of Acceptance of an Avigation and Hazard Easement Deed relating to Assessor’s Parcel Number 058-070-023.

B.        Acknowledgement and acceptance of, and authorization for Chairman to sign, an Easement Deed as a condition of Site Plan Approval No. 0021-SPA.

 

 

25.       County Fire Chief requests approval of Budget Transfer No. 90 appropriating $7,500 in the Fire Protection budget, with offsetting revenues received from a hazardous incident recovery.  (4/5 vote required)

 

 

GENERAL ADMINISTRATION

 

 

26.       County Counsel requests approval of and authorization for Chairman to sign Amendment No. 3 to Agreement No. 4169 with Foley and Lardner expanding the scope of legal services relating to Medicare and Medi-Cal regulatory processes, increasing the amount by $35,000 for a new maximum of $135,000, and adding a subparagraph (e) to Paragraph 3, “Schedule of Compensation Payments.”

 

 

27.       Information Technology Services Director and Records Manager request approval to destroy 911 boxes of superannuated records.  (Details on file with the Clerk of the Board)

 

 

28.       Job Training Director requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4581 with the Solano School of Nursing Assistants, Inc. increasing the amount by $2,340 for a new maximum of $5,340 for additional client job skills training.

 

 

CONSENT CALENDAR – Continued

 

GENERAL ADMINISTRATION - Continued

 

 

29.       Acting Personnel Director requests adoption of a resolution amending the Departmental Allocation List and Table and Index and approving new class specifications pertaining to Transportation Agency Director, Transportation Planner I/II, Transportation Administrative Assistant and Office Assistant II, effective April 13, 2002.

 

 

30.       Acting Personnel Director requests adoption of a resolution amending the Departmental Allocation List with regard to the addition of  two (2) Staff Services Analyst I/II and the deletion of two (2) Accounting Technician positions in the District Attorney Family Support Division, effective April 9, 2002.

 

 

31.       Regional Coordinator requests approval of and authorization for Chairman to sign an agreement with the Workforce Information Group, Inc. for a maximum of $79,980 for the term April 1, 2002 through January 31, 2003 to provide consulting services on the 2003 Occupational Outlook Report and Training Directory.

 

 

32.       Regional Coordinator requests authorization to submit a grant application for Workforce Investment Act regional and local incentive funds to assist with the implementation of the Workforce Investment Act in the North Bay region.

 

 

33.       County Executive Officer requests adoption of a resolution approving the assignment of the Napa Valley Disposal Service Inc. Franchise applicable to Garbage Zone One to USA Waste of California, Inc.

 

 

34.       County Executive Officer requests approval to amend the allocation of Tobacco Settlement Funds approved in September, 2002.

 

 

35.       County Executive Officer requests adoption of a resolution approving a new class specification with regards to the position of Director of Health and Human Services  Agency, effective April 9, 2002.

 

 

36.       Adoption of a resolution recognizing the International Bocce Games to be held in Mendocino County, July 10-14, 2002.

 

 

37.       Approve minutes of Board of Supervisors’ meeting of February 26, 2002.

 

 

38.       DISCUSSION OF ITEMS REMOVED FROM THE CONSENT CALENDAR.


 

 

SET MATTERS

 

 

39.       9:05 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

                        March 26, 2002.

            B.        District Engineer requests approval of Budget Transfer No. 92 appropriating an additional $20,000 for Service and Supply accounts with offsetting revenue from Fund Balance and transferring $29,142 in appropriations from Building and Improvement to Service and Supply accounts.  (4/5 vote required)

            C.        Adjournment.

 

 

40.       9:10 A.M.  PUBLIC HEARING  County Executive Officer requests the following actions relating to the appointment of the Napa County Road Commissioner:

 

            A.        The Board finds that Robert J. Peterson is a civil engineer and is registered with the State Board of Registration for Professional Civil Engineers, No. 29593, valid through March 31, 2003; and

B.        In light of the foregoing finding, the Board appoints Robert J. Peterson as Road   Commissioner for the County of Napa, effective April 9, 2002.

 

 

41.       9:25 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

 

 

SET MATTERS – Continued

 

Item No. 41 - Continued

 

 

            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 AND MARCH 26, 2002;

             APPLICANT REQUESTS CONTINUANCE TO APRIL 16, 2002 AT 10:30 A.M.)

 

 

42.       9:30 A.M.  PUBLIC HEARING  In connection with the Beringer Wine Estates’ proposed Devlin Road Facility located at the southwest intersection of South Kelly Road and Devlin Road, adjacent to the Napa County Airport on the south side within an Industrial Park: Airport Compatibility Combination (IP:AC) Zoning District, Assessor’s Parcel No. 057-090-069:

            A.        Consideration and possible adoption of resolution implementing the Board’s intended decision:

      i)          Denying the appeal of the Sierra Club to the Planning Commission’s decision certifying the Final EIR (Resolution No. 01-08), adopting Findings, Conditions of Approval, a Statement of Overriding Conditions and a Mitigation Monitoring Plan pursuant to CEQA and approving Use Permit No. 98597-UP (Resolution No. 01-09);

      ii)         Re-certifying the Final EIR; and

      iii)        Upholding the Planning Commission’s decision to approve Use Permit No. 98597-UP.

 

In the event the Board takes the action described above:

 

      B.        Approval of and authorization for Chairman to sign an indemnification agreement with Beringer Wine Estates as required by Condition of Approval No. 12 of Use Permit No. 98597-UP.

            ENVIRONMENTAL DETERMINATION:  Final EIR prepared.

 

 

 

 

 

 

SET MATTERS – Continued

 

43.       9:45 A.M.  PUBLIC HEARING  Appeal filed by Carl Lenzi, Giovanni Scala, Walter Hampe and Jay Johnson to a decision by the Conservation, Development and Planning Director on February 8, 2002 to approve Verizon Wireless/Rick and Patricia Rentschler – Site Plan Approval Request No. 01095-SPA to establish an unmanned communications facility consisting of: (1) installation of eight new panel antennas, each approximately 48 inches tall, 12 inches in width and 8 inches in depth located within an extension of an existing detached accessory structure; and (2) construction of an 8 foot tall approximately 34 square foot extension to an existing detached accessory structure (garage/barn) with an existing height of 26 feet to house the panel antennas. This extension to be constructed of permeable fiberglass, designed and painted to match the existing structure; (3) construction of a new freestanding detached equipment building measuring approximately 12 feet in length, 20 feet in width and 11 feet in height to be located within a 20 foot by 30 foot lease area. This building to include a power cabinet, radio cabinet, electrical and telephone cabinets and related support equipment; (4) construction of a Global Position Satellite antenna on top of the detached equipment shed; (5) install a 6-foot tall chain link fence surrounding the lease area; (6) add a 10-foot wide band of crushed gravel around the concrete pads supporting the equipment cabinets; (7) install a new, unpaved parking area of approximately 200 square feet adjacent to the new facility; (8) provide underground trenching for service connection between the proposed equipment shed and the existing building housing the panel antennas (one trench approximately 350 feet in length); (9) providing underground trenching for power and telecom between the proposed equipment shed and existing power pole on the site (approximately 140 feet in length); and (10) installation of new facility identification signs as required by the County Telecommunication Ordinance, located on a 3.66 acre parcel on the east side of Silverado Trail near the intersection of Silverado Trail and Oak Knoll Avenue in an Agricultural Watershed (AW) Zoning District.  (Assessor’s Parcel No. 039-580-009)  5032 (V) Silverado Trail, Napa.

ENVIRONMENTAL DETERMINATION:  None Required (Ministerial Act).

(APPLICANT REQUESTS CONTINUANCE TO MAY 7, 2002 AT 9:30 A.M.)

 

44.       10:00 A.M. PUBLIC HEARING   Appeal filed by Donald and Marilyn Jacobson and George and Svetlana Logvy, et al., to a decision by the Conservation, Development and Planning Commission on February 20, 2002 to approve Calistoga Cellars Winery/Calistoga Partners – Use Permit Request No. 01074-UP to establish a 20,000 gallon/year winery of approximately 3,043 square feet; allow for custom crush activities (crushing, fermentation, barrel ageing, bottling, retail wine sales, tasting, distribution and shipping) for 2 custom producers utilizing 25% (5,000 gallons/year) of the winery production capacity; tours and tasting by appointment only; retail wine sales; a business identification sign and two off-site directional signs and to implement a marketing plan with 14 marketing events, located on a 36.26 acre parcel on the south side of Tubbs Lane approximately  800 feet northeast of its intersection with State Highway 128 within an Agricultural Preserve (AP) Zoning District.  (Assessor’s Parcel No. 017-210-008, 017-210-013, 017-210-017 and 017-210-018)  Calistoga.

            ENVIRONMENTAL DETERMINATION:  Mitigated Negative Declaration adopted.

            (APPELLANT REQUESTS CONTINUANCE TO MAY 7, 2002 AT 9:45 A.M.;

             APPLICANT CONCURS)

 

 

REGULAR CALENDAR

 

FINANCE

 

45.       Assessor/Recorder-County Clerk (Registrar of Voters) to present report regarding absentee ballot issues.

 

GENERAL ADMINISTRATION

 

46.       Information Technology Services Director requests approval of and authorization for Chairman to sign an agreement with Towill, Inc. for a maximum of $509,750 for the term April 9, 2002 through April 8, 2004 for digital orthophotography and digital terrain data.

 

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

 

A.        Water bond initiatives and projects:

 

·        The Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (voter petition).

·        The Water Supply Security and Water Supply Reliability Act of 2002

        (SB 2070, Johannessen).

·        Other possible legislative water bond vehicles.

·        Napa County water projects for possible funding.

 

B.        SB 1523 (Sher): Cathode Ray Tubes and CRT Devices: Recycling and

Refurbishment.

 

48.       Board of Supervisors’ Committee Reports and Announcements.

 

49.       Board of Supervisors’ Future Agenda Items.

 

50.       Closed Session:  None scheduled.

 

 

ADJOURN TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

APRIL 16, 2002 AT 9:00 A.M.