AGENDA NAPA COUNTY BOARD OF SUPERVISORS TUESDAY MAY 14, 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 authorization for out of state travel for Manuel Aguirre, Deputy Probation Officer, to attend the National Youth Gang Symposium in Orlando, Florida, from June 10-13, 2002, at an estimated cost of $1,450.

6. Sheriff requests authorization for out of state travel for Lt. John Robertson, Sgt. Tracey Stuart, and members of the Sheriff’s Activities League Bike Team to attend the following National Championship Mountain Bike Races at no cost to the County:

A. June 13-16, 2002 in East Roy, Wisconsin;

B. June 20-23, 2002 in Snowshoe Mountain, West Virginia;

C. August 1-4, 2002 in Durango, Colorado; and

D. August 15-18, 2002 in Mount Snow, Vermont.

7. Sheriff requests ratification of a lease with the California Department of Mental Health for an annual maximum of $1,100 for the term March 1, 1999 through February 28, 2004 for the Sheriff’s Activities League program.

8. Sheriff requests approval of the following in relation to the purchase of an Evidence Barcode Tracking System:

A. Budget Transfer No. 112 transferring $22,594 within the Sheriff’s budget;

B. Establishment of a fixed asset in the same amount for the above referenced system (4/5 vote required); and

C. Waiver of competitive bidding requirements and authorization for a sole source award to Que Tel Corporation of Herndon, Virginia.

CONSENT CALENDAR – Continued

HUMAN SERVICES

9. Acting Director of Health and Human Services requests approval of the following actions relating to Partnership HealthPlan of California:

A. Approval of and authorization for Chairman to sign a letter of support for a Long Term Care Integration (LTCI) planning grant; and

B. Authorization for the Acting Director of Health and Human Services to appoint three (3) County members to the LTCI Task Force.

10. Acting Director of Health and Human Services requests approval of and authorization for Chairman to sign an agreement with Pacific Union College for the term May 14, 2002 though June 17, 2002 for fieldwork performed at the Agency.

11. Acting Director of Health and Human Services requests approval of and authorization for Chairman to sign an agreement with Healthy Partnerships, Inc., for a maximum of $14,000 for the term February 15, 2002 through June 30, 2002 to provide consultation regarding the development of the Residential Stabilization Center.

12. Acting Director of Health and Human Services requests approval of and authorization for Chairman to sign an agreement with Sapphire Technologies, Inc. for $21,800 for the term May 14, 2002 through June 30, 2002, to provide consultation regarding the ECHO billing system.

13. Acting Director of Health and Human Services requests:

A. Approval of and authorization for Chairman to sign the following amendments to the California Department of Health Services (CDHS) AIDS education and prevention agreements, increasing the amount by $75,000 over three years for a new maximum of $676,815:

i) Amendment No. 2 to Agreement No. 3409, CDHS Master Grant Agreement; and

ii) Amendment No. 2 to Agreement No. 3820, Memorandum of Understanding.

B. Approval of Budget Transfer No. 111 increasing appropriations by $25,000 in the Public Health budget, with offsetting revenue from CDHS. (4/5 vote required)

14. Acting Director of Health and Human Services requests approval of Budget Transfer No. 113 for $24,947 from the County Bounty Trust Fund to purchase furniture and supplies. (4/5 vote required)

CONSENT CALENDAR – Continued

PROPERTY

15. Agricultural Commissioner requests approval of Budget Transfer No. 114 appropriating $50,000 in the Agricultural Commissioner budget, with offsetting revenues from the State Agricultural Gas Tax Fund. (4/5 vote required)

16. Director of Conservation, Development and Planning requests the following actions in relation to the purchase of a large format printer:

A. Approval of Budget Transfer No. 110 transferring $7,214 within the Planning budget; and

B. Establishment of a fixed asset in the same amount for said printer. (4/5 vote required)

17. County Fire Chief requests approval of Budget Transfer No.109 transferring $8,000 within the Fire Protection budget and establishing a fixed asset for a combination purchase ($8,000) and donation ($37,710) of a fire prevention trailer from the Napa County Firefighter’s Association for a total fixed asset value of $45,710. (4/5 vote required)

18. County Fire Chief requests authorization for Auditor-Controller to pay claims over one year old totaling $235 to the California Department of Forestry and Fire Protection for training certification.

19. Director of Public Works requests authorization for Auditor-Controller to pay a claim over one year old totaling $579 to Coastland Civil Engineering, Inc. for pavement inspection services.

20. Director of Public Works requests approval of and authorization for Chairman to sign an agreement with Terrance E. Lowell & Associates, Inc. for a maximum of $6,180 for the term May 14, 2002 through August 31, 2002 to prepare the 2002/2003 annual assessments related to County Service Area No. 3 (CSA 3).

21. Director of Public Works requests approval of and authorization for Chairman to sign an agreement with Kenwood Energy for a maximum of $12,656 for the term May 14, 2002 through June 30, 2003 to develop energy-efficiency improvement options for County buildings.

CONSENT CALENDAR – Continued

GENERAL ADMINISTRATION

22. Clerk of the Board requests appointment of Teresa Zimny to serve on the Napa County Children and Families Commission as a County representative with the term of office to commence immediately and expire on January 1, 2006.

23. County Counsel requests the following actions:

A. Determine it will not participate in the Year 2002 Tax and Revenue Anticipation Note Program on behalf of the Napa Valley Community College District because the District has chosen to participate in a pooled cash flow borrowing program sponsored by the Community College League of California Cash Flow Financing Program; and

B. Direct staff to advise Bond Counsel for the District of the Board’s decision not to participate.

24. Napa County Deferred Compensation Board of Control and County Counsel request adoption of a resolution approving and adopting the “Restated and Amended 457 Deferred Compensation Plan and Trust/Custodial Document” which was approved and adopted by the Board of Control on April 22, 2002.

25. Acting Personnel Director requests adoption of a resolution amending the Table and Index and Departmental Allocation List with regards to deleting one (1) Land Information Mapping Specialist and adding one (1) Planner I/II position in the Conservation, Development and Planning Department, effective May 14, 2002.

26. Acting Personnel Director requests adoption of a resolution amending the Table and Index with regard to the Staff Psychiatrist, effective May 25, 2002.

27. County Executive Officer requests authorization for out of state travel for the annual PeopleSoft Conference in New Orleans, Louisiana, from August 25-29, 2002, for staff from the following departments: Information Technology Services (6), Auditor-Controller (3), Treasurer-Tax Collector (1), and County Executive Officer (1).

28. County Executive Officer requests approval of and authorization for Chairman to sign an agreement with John Volpi for $2,145 for the term May 9, 2002 through May 31, 2002 to provide emergency services in the absence of the Emergency Services Manager.

CONSENT CALENDAR – Continued

GENERAL ADMINISTRATION - Continued

29. Approve minutes of Board of Supervisors’ meetings of April 9, April 16, and

April 23, 2002.

30. DISCUSSION OF ITEMS REMOVED FROM THE CONSENT CALENDAR.

SET MATTERS

31. 9:10 A.M. Consideration and possible adoption of a resolution, including findings, implementing the Board's decision upholding on appeal the decision of the Conservation, Development and Planning Commission approving Use Permit No. 00088-UP, the Olney Winery, located on the west end of Dry Creek Road, approximately 1,500 feet south of its intersection with Linda Vista Avenue, in an Agricultural Watershed (AW) Zoning District, Assessor's Parcel Number 035-120-035. (Public Hearing Closed)

(CONTINUED FROM MAY 7, 2002)

32. 9:15 A.M. PUBLIC HEARINGS County Counsel requests the following actions relating to Small Wind Energy Systems:

A. Adoption of a Negative Declaration with findings as recommended.

B. First and final reading and adoption of an ordinance amending Title 18 of the Napa County Code to add a new Chapter 18.117 entitled, Small Wind Energy Systems, which is intended to provide for the allowable local level of review, restriction and approval of small wind energy systems under recently enacted State law (Government Code Section 65892.13).

C. Adoption of a resolution establishing a $1,750 fee for review of projects subject to the new Chapter 18.117, entitled Small Wind Energy Systems relating to the installation and use of small wind energy systems in the unincorporated areas of Napa County.

ENVIRONMENTAL DETERMINATION: Categorically Exempt pursuant to CEQA Guideline 15273(a)(1) rates, tolls, fares and charges.

33. 9:30 A.M. PUBLIC HEARING Director of Conservation, Development and Planning requests the following actions relating to Discount Auto Dismantlers and Towing, located at 450 Tower Road (APN 057-110-023):

A. Consideration and possible adoption of resolution determining:

i) Whether conditions constitute a public nuisance pursuant to Napa County Code Section 1.20.050; and

ii) 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.

B. Authorization to serve notice by posting and by publication pursuant to Government Code Section 6064.

ENVIRONMENTAL DETERMINATION: Categorically exempt.

(CONTINUED FROM MARCH 26 AND APRIL 16, 2002; STAFF REQUESTS

CONTINUANCE OF PUBLIC HEARING TO JUNE 18, 2002 AT 9:30 A.M.)

SET MATTERS – Continued

34. 9:40 A.M. Director of Conservation, Development and Planning requests waiver of permit fees associated with the Phelps Farmworker Housing Project.

35. 10:00 A.M. PUBLIC HEARING First and final reading and adoption of Proposed Ordinance Amendment No. 00232-ORD adding Chapter 18.104.245 to the Napa County Code for the purpose of modifying minimum parcel size and setback requirements for establishing Pre-Prohibition wineries.

ENVIRONMENTAL DETERMINATION: Negative Declaration Prepared. 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.

36. 10:00 A.M. PUBLIC HEARING Appeal filed by Thomas F. Carey, Attorney on behalf of Bighorn Cellars, LLC, to a decision by the Conservation, Development and Planning Commission on February 20, 2002 to approve Bighorn Cellars, LLC/Alfred & Mary Bishop – Use Permit Request No. 00275-MOD to modify Use Permit No. 95036-UP, to increase annual production from 15,000 to 30,000 gallons, add on-site bottling and to allow the use of 3,500 square feet for wine storage by other entities, located on a 1.16-acre parcel on the south of State Highway 121, approximately 800 feet west of its intersection with Atlas Peak Road within a Commercial Limited (CL) Zoning District. (Assessor’s Parcel No. 049-110-003) 1821 Monticello Road, Napa.

ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration adopted.

(CONTINUED FROM APRIL 23, 2002; APPLICANT/APPELLANT

REQUESTS WITHDRAWAL)

REGULAR CALENDAR

GENERAL ADMINISTRATION

37. Clerk of the Board requests appointment of the following applicants to serve on the Napa County Commission on Self-Esteem with the terms of office to expire on June 30, 2005.

Applicants

Sarah Hebb Carpenter

Synthia S. Smith

REGULAR CALENDAR - Continued

GENERAL ADMINISTRATION - Continued

38. County Executive Officer recommends appointment of Natasha Merkuloff-Nichols as Director of Child Support Services, effective June 8, 2002.

39. Discussion and possible action regarding legislation.

40. Board of Supervisors’ Committee Reports and Announcements.

41. Board of Supervisors’ Future Agenda Items.

42. Closed Session regarding:

A. CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6)

Agency negotiator: Charla Freckmann

Employee organization: SEIU Local 614 representing employees in the NAPE

and DSA bargaining units. Discussions will also reference unrepresented groups including management and non-classified.

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING

LITIGATION (Government Code Section 54956.9(a))

Name of case: Sierra Club v. County of Napa, et al., (Napa County Superior Court Case No. 26-17241)

ADJOURN TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

MAY 21, 2002 AT 9:00 A.M.