AGENDA NAPA COUNTY BOARD OF SUPERVISORS TUESDAY JULY 8, 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. The meeting room is wheelchair accessible. Assistive listening devices and interpreters are available through the Clerk of the Board of the Napa County Board of Supervisors. Requests for disability related modifications or accommodations, aids or services may be made to the Clerk of the Board’s office no less than 72 hours prior to the meeting date by contacting (707) 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 on behalf of the International City/County Management Association recognizing the County of Napa for its professional management.

4. Presentation of Resolution No. 03-107 to the Napa Valley Vintners Association supporting the “100% Napa Valley” certification mark program.

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 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.

6. Department Directors’ Reports and Announcements.

CONSENT CALENDAR

CRIMINAL JUSTICE

7. Chief Probation Officer requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4352 with Alternatives for Better Living for a maximum of $43,974 for the term July 1, 2003 through June 30, 2004 for provision of group and individual counseling to court wards and at-risk youth under the supervision of the Probation Department.

8. Chief Probation Officer requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4890 with Fresno Unity Group Homes, Inc., for a maximum of $59,796 for the term of July 1, 2003 to June 30, 2004 for placement of a Napa County ward.

CONSENT CALENDAR - Continued

CRIMINAL JUSTICE - Continued

9. Chief Probation Officer requests approval of and authorization for the Chair to sign the renewal of Agreement No. 5067 with Douglass Marum, MFT, for a maximum of $10,000 for the term July 1, 2003 through June 30, 2004 to provide individual and family counseling to participants in the Youth and Family Resource Network (YFRN) program.

FINANCE

10. Auditor-Controller requests approval of and authorization for the Chair to sign the following agreements with the agencies listed below and the County of Napa for provision of services by the Napa County Auditor-Controller’s Office with rates based on actual costs for the Fiscal Year 2003/04 and thereafter:

A. Napa County Children and Families First Commission;

B. Napa-Vallejo Waste Management Authority;

C. Napa Valley Housing Authority;

D. Napa County Transportation Planning Agency;

E. Upper Valley Waste Management Agency;

F. In-Home Supportive Services Public Authority of Napa County;

G. Congress Valley Water District;

H. Napa Sanitation District;

I. Napa County Resource Conservation District;

J. Napa County Mosquito Abatement District;

K. Napa River Reclamation District; and

L. Napa County Flood Control and Water Conservation District

11. Assessor/Recorder-County Clerk, Auditor-Controller, Treasurer/Tax Collector and Information Technology Services Director request approval of and authorization for the Chair to sign Amendment No. 1 extending the term of Agreements No. 4645-3 and

4646-3 for an additional two-year period, ending June 30, 2005, with Madera County for base-year tracking and manufactured home/aircraft automated assessment respectively.

CONSENT CALENDAR – Continued

HUMAN SERVICES

12. Director of Health and Human Services requests approval of and authorization for the Chair to sign renewals of the following agreements with ALDEA, Inc. for the term

July 1, 2003 through July 10, 2003:

A. Agreement No. 3558 for a maximum of $5,000 for the Therapeutic Learning Center (TLC); and

B. Agreement No. 4496 for a maximum of $10,000 for the ALDEA Day Adolescent Program for Treatment (ADAPT).

13. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 3873 with Catholic Charities, Inc. for a maximum of $98,478 for the term July 1, 2003 through June 30, 2004 to provide substance abuse prevention and education services.

14. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4924 with Alternatives for Better Living, Inc. for a maximum of $30,000 for the term July 1, 2003 through June 30, 2004 to provide services under the Substance Abuse Treatment Options Program (STOP).

15. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4806 with Bayberry, Inc., for a maximum of $20,000 for the term July 1, 2003 through June 30, 2004 to provide respite services to caregivers and families of clients referred by the Children’s Behavioral Health Programs.

16. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following amendments to revenue agreements with the City of Napa for the term July 1, 2003 through June 30, 2004 for the Family Self-Sufficiency program:

A. Amendment No. 8 to Agreement No. 3668 for a maximum of $67,594 for a Family Self-Sufficiency Coordinator; and

B. Amendment No. 1 to Agreement No. 4907 for a maximum of $59,896 for a Family Self Sufficiency Counselor.

CONSENT CALENDAR – Continued

HUMAN SERVICES – Continued

17. Director of Health and Human Services requests approval of and authorization for the Chair to sign agreements for the term July 1, 2001 through July 21, 2003 to provide services in the Mental Health Outpatient Managed Care Program:

A. Agreement with Fred Hollander for $21,000;

B. Agreement with Gerane Park for $10,000; and

C. Agreement with Dana Talbot for $21,000.

18. Director of Health and Human Services requests approval of and authorization for the Chair to sign an agreement with Shameem Ghauri, M.D., for a maximum of $75,000 for the term July 1, 2003 through June 30, 2004 to provide psychiatric services to clients in the children’s mental health programs.

19. Director of Health and Human Services requests approval of Budget Transfer No. 116 increasing appropriations by $73,204 in the Mental Health Budget with offsetting revenue from the Probation budget, to fund a juvenile justice program position.

(4/5 vote required)

PROPERTY

20. Agricultural Commissioner requests the Board take the following actions:

A. Adopt resolution accepting the engineer’s report for the Napa County Winegrape Pest and Disease Control District and setting a public hearing on the proposed levy of assessment for the district;

B. Set Public Hearing for August 5, 2003 at 9:30 a.m. to hear protests to the establishment of the proposed assessment;

C. Direct the Clerk of the Board to comply with the requirements of Article XIII D of the California Constitution with respect to notice requirements for the proposed assessment; and

D. Designate Rob Paul, Deputy County Counsel, as the person to answer questions regarding the assessments and protest proceedings.

CONSENT CALENDAR – Continued

PROPERTY – Continued

21. Director of Public Works requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 4781 with RossDrulisCusenbury Architecture Inc., increasing the amount by $100,185 for a new maximum of $338,580, for additional design changes, seismic structural investigation, and Historic Architect peer review for the rehabilitation of the Napa County Historic Courthouse and Office Remodel for the Criminal Courts Building.

22. Director of Public Works requests approval of and authorization for the Chair to sign a Professional Services Agreement with Superior Building Services, Inc. dba Continental Building Services for a maximum of $4,414 for the term July 8, 2003 through

June 30, 2004 with automatic fiscal year renewal provisions for janitorial service at the Calistoga Library.

23. Director of Public Works requests the following actions:

A. Adopt Resolution accepting the engineer’s report for County Service Area (CSA) No. 3 for streetside landscaping, street and highway lighting, street sweeping, and structural fire protection services, and setting a public hearing on the proposed levy of assessment;

B. Set Public Hearing for August 5, 2003 at 9:30 a.m. to hear protests to the proposed assessment;

C. Direct the Clerk of the Board to comply with the requirements of Article XIII D of the California Constitution with respect to notice requirements for the proposed assessment; and

D. Designate Wanda Kennedy, Airport Manager, as the person to answer questions regarding the assessments and protest proceedings.

24. Director of Public Works requests approval of Budget Transfer No. 115, increasing Fiscal Year 2002/03 appropriations in the Equipment Pool Operating Budget Unit by $100,000 to cover excess expenditures, offset by over-realized revenues. (4/5 vote required)

25. Director of Public Works/Aviation requests authorization for the Chair to sign Certificates of Acceptance of an Avigation and Hazard Easement Deed from:

A. Alice B. Strand (Assessor’s Parcel No. 046-531-019);

B. Chapel of the Chimes (Assessor’s Parcel No. 046-370-006); and

C. Philip A. Zeidman and Ari Zeidman (Assessor’s Parcel No. 058-060-008).

CONSENT CALENDAR – Continued

GENERAL ADMINISTRATION

26. Library Director requests authorization for out of state travel for Library Computer Systems Technician Katherine Anderson and Head of Technical Services Anne Moya to attend the Library’s automation system annual users group meeting in Denver, Colorado, from September 16 - 20, 2003 for an estimated total cost of $2,450.

27. County Counsel requests the Board take the following actions:

A. Adopt resolution accepting the Engineer’s report for County Service Area No. 4 and setting a public hearing on the proposed levy of assessment;

B. Set Public Hearing for August 5, 2003 at 9:30 a.m. to hear protests to the proposed assessment;

C. Direct the Clerk of the Board to comply with the requirements of Article XIII D of the California Constitution with respect to notice requirements for the proposed assessment; and

D. Designate Rob Paul, Deputy County Counsel, as the person to answer questions regarding the assessments and protest proceedings.

28. County Executive Officer requests adoption of a resolution approving a cost of living adjustment of 3.0% effective July 5, 2003, for the following employee groups:

Non-Classified

Classified (Management)

Confidential

Public Services Employee Unit

Public Services Employee Supervisory Unit

29. County Executive Officer and Auditor-Controller request authorization to increase the amounts of the following children’s counseling contracts, if necessary, by a maximum of $5,000 per contract in order to provide services through June 30, 2003:

A. Agreement No. 5547 with Sarah Boggs;

B. Agreement No. 4822 with Richard Cohan;

C. Agreement No. 4601 with Del Domezio;

D. Agreement No. 4591 with Gregory Matsumoto;

E. Agreement No. 4934 with Bill Ruhs;

F. Agreement No. 4879 with Dana Talbot; and

G. Agreement No. 4710 with Robert Zemanek.

CONSENT CALENDAR – Continued

GENERAL ADMINISTRATION – Continued

30. County Executive Officer/Purchasing Agent requests the Board of Supervisors to declare certain items of personal property as surplus and no longer required for public use, and to authorize their disposal at public auction. (Complete list on file with the Clerk of the Board)

31. County Executive Officer/Purchasing Agent and Director of Public Works request the Board of Supervisors to declare certain vehicles and equipment as surplus and no longer required for public use, and to authorize their disposal at public auction. (Complete list on file with the Clerk of the Board)

32. Approve minutes of Board of Supervisors’ meetings of June 19, June 18, June 17,

June 10, April 1 and March 18, 2003.

33. DISCUSSION OF ITEMS REMOVED FROM THE CONSENT CALENDAR.

SET MATTERS

34. 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, FEBRUARY 25, APRIL 22 AND MAY 20,

2003; APPLICANT AND APPELLANT HAVE REQUESTED CONTINUANCE;

STAFF REQUESTS CONTINUANCE TO AUGUST 19, 2003 AT 3:00 P.M.)

35. 10:15 A.M. PUBLIC HEARING Consideration and possible action regarding appeals filed by 1) Gary Gates on behalf of Louise Rossi (a neighbor) and 2) Del Dotto Vineyards, Inc., (applicant) to a decision by the Conservation, Development, and Planning Commission on April 2, 2003 to approve the Del Dotto Winery/Erickson Properties, Inc. – Use Permit Request #02082-UP to establish a new 48,000 gallon per year winery within: (1) a new 6,924 square foot winery building with 15,025 square feet of caves for a winery totaling 21,949 square feet; (2) custom crushing activities (crushing, fermentation, barrel aging and bottling) for up to six custom producers and utilizing 21% (10,000 gallons per year) of the total approved winery production capacity (reduced to two custom producers and 5,000 gallons); (3) four full time and one part time employees; (4) 200 visitors per week; (5) 20 parking spaces; (6) tours and tasting by appointment only; (7) a marketing plan; (8) an entry structure; and (9) a left-hand turn lane on St. Helena Highway; located on a + 15 acre parcel (after pending Lot Line Adjustment) on the west side of St. Helena Highway, 800 feet south of its intersection with Zinfandel Lane, within an Agricultural Preserve (AP) zoning district. (Assessor’s Parcel #027-160-045 ptn, and 046) 1445 South St. Helena Highway, St. Helena.

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: traffic, historic resources, and aesthetics.

(CONTINUED FROM JUNE 24, 2003)

SET MATTERS – Continued

36. 2:30 P.M. PUBLIC HEARING Director of Conservation, Development and Planning Department requests consideration and adoption of a resolution ordering the account and proposed assessment confirmed for costs incurred for the abatement of a nuisance.

ENVIRONMENTAL DETERMINATION: Categorically Exempt from CEQA pursuant to California Code of Regulations 15321 (Class 21) and Napa County CEQA Guidelines § 409(u).

REGULAR CALENDAR

GENERAL ADMINISTRATION

37. County Executive Officer requests authorization for the Health Partnership Coalition to serve as an advisory committee to the Board of Supervisors in the development of proposals for use of Tobacco Settlement Funds returning in September 2003 with recommendations.

38. County Executive Officer requests appointment of one (1) of the following applicants to serve as a representative from the public at large on the Wildlife Conservation Commission with term expiring February 1, 2006:

Yvonne Baginski

Janet R. Barth

Kelly Reed

39. County Executive Officer requests appointments to the Napa River Watershed Conservancy/Watershed Information Center (WIC) Board of Directors as follows:

A. Appointment of one (1) of the following applicants representing the general public:

Carol A. Kunze

Karen Jean Bower Turjanis

B. Appointment of the following two (2) applicants representing Napa County Cities as recommended by the Napa County City Selection Committee:

David Crawford, City of Napa

Bonnie K. Schoch, City of St. Helena

REGULAR CALENDAR - Continued

GENERAL ADMINISTRATION – Continued

40. County Executive Officer requests appointment of one (1) person from the following applicants to serve on the Napa City-County Library Commission with the term of office to expire June 30, 2006:

Thomas A. Gumina

Carol Anne Lies*

*Incumbent

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

S 171/HR 1301: Medicare Ambulance Payment Reform Act of 2003

42. Board of Supervisors’ Committee Reports and Announcements.

43. Board of Supervisors’ Future Agenda Items.

44. County Executive Officer Report.

45. Closed Session regarding:

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: (Two cases)

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Government Code Section 54956.9 (a))

Name of case: Napa Valley Land Stewards Alliance v. Napa County Board of Supervisors. (Case No. 26-21346)

(CONTINUED FROM JUNE 24, 2003)

REGULAR CALENDAR - Continued

GENERAL ADMINISTRATION – Continued

Item No. 45 – Continued

C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)

Property: Assessor’s Parcel No. 038-190-019

Agency Negotiators: Peter Dreier, Howard Siegel

Negotiating Parties: John L. Miller and Linda S. Miller, Trustees of the John L. Miller and Linda S. Miller Revocable Trust, County of Napa

Under Negotiation: Price and terms of payment

ADJOURN TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

JULY 15, 2003 AT 9:00 A.M.