AGENDA NAPA COUNTY BOARD OF SUPERVISORS TUESDAY JULY 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. 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 approval of and authorization for Chairman to sign an agreement with Community Health Clinic Ole for $4,950 for the term July 9, 2002 through June 30, 2003 for delivery of Gang Awareness Training to Juvenile Hall wards.

6. Director of Corrections requests approval of and authorization for Chairman to sign the following agreements for the term July 1, 2002 through June 30, 2003 for the provision of counseling services for inmates:

A. Agreement with Alternatives for Better Living for a maximum of $37,800; and

B. Agreement with Community Action of Napa Valley for a maximum of $12,970.

7. Sheriff requests approval of Budget Transfer No. 134 increasing Fiscal Year 2001/2002 appropriations by $9,400 with offsetting revenue from the Community Services Trust account to cover travel expenses. (4/5 vote required)

FINANCE

8. Auditor-Controller requests acceptance of, and instruction to the Clerk of the Board to file, the Audit Report of the Napa Special Investigations Bureau for the fiscal year ended June 30, 2001. (Report on file with Clerk of the Board)

CONSENT CALENDAR – Continued

FINANCE – Continued

9. Treasurer/Tax Collector requests approval of the application for Discharge of Accountability, filed with the Board of Supervisors, pertaining to certain uncollectable tax bills totaling $22,385.44. (List on file with the Clerk of the Board)

HUMAN SERVICES

10. Acting Director of Health and Human Services requests approval of the 2003-2005 Promoting Safe and Stable Families Plan for submission to the California Department of Social Services.

11. Acting Director of Health and Human Services requests approval to apply for a grant for an amount up to $50,000 from the Public Health Institute to integrate the CalWORKs and Child Welfare Services Programs into a single service delivery model.

12. Acting Director of Health and Human Services requests approval to terminate Grant and License Agreement No. 4655 with Catholic Charities, Inc., effective August 9, 2002.

13. Acting Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4442 with Community Resources for Children for a maximum of $10,000 for the term July 1, 2002 through June 30, 2003 to provide emergency child care.

14. Acting Director of Health and Human Services requests approval of and authorization for Chairman to sign Amendment No. 6A to Agreement No. 3668 with the City of Napa for a maximum of $132,178 and extending the term through June 30, 2003 for a Family Self-Sufficiency Coordinator.

15. Acting Director of Health and Human Services and Compliance Officer request acceptance of the Compliance Program Quarterly Report for the period ending June 30, 2002.

CONSENT CALENDAR – Continued

PROPERTY

16. Director of Public Works requests approval of Budget Transfer No. 131 transferring $1,838,500 from Local Court Revenue and the Courthouse Construction Fund to the Capital Improvement Program budget (Fund 1000, BU 16000) relating to certain modifications and improvements to the Historic Courthouse and Criminal Courts Building. (4/5 vote required)

17. Director of Public Works requests approval of Budget Transfer No. 133, increasing Fiscal Year 2001/2002 appropriations in the Equipment Pool Fund 4020 by $8,100, with offsetting revenue from depreciation collection. (4/5 vote required)

18. Director of Public Works requests the following actions:

A. Accept the Amended Engineer’s Report for Fiscal Year 2002/2003 prepared by Terrance E. Lowell and Associates, Inc. (Report on file with the Clerk of the Board); and

B. Adopt Resolution of Intention to Levy Certain Benefit Assessments within County Service Area (CSA) No. 3 for structural fire protection, streetside landscaping, street sweeping, street and highway lighting, and authorizing noticing a Protest Hearing at 9:30 A.M. on August 6, 2002.

19. Director of Public Works requests approval of and authorization for Chairman to sign Program Supplement Agreement No. M009 for Administering Agency-State Agreement No. 04-5921 for the Yountville Cross Road Class II Bicycle Lane Project.

20. Director of Public Works requests approval of and authorization for Chairman to sign a Federal Apportionment Exchange Program and State Match Program Agreement with the State of California Department of Transportation (State Agreement No. X02-5921(001)) for Fiscal Year 2001/2002 to receive $337,648 into the County Road Fund.

21. Director of Public Works requests award of the contract for the “Napa County Airport Guidance Signs Improvements Project,” PW 02-04, to Vellutini Corporation dba Royal Electric Company of Sacramento, California for their low bid of $125,910 and authorization for Chairman to sign the construction contract.

CONSENT CALENDAR – Continued

PROPERTY – Continued

22. Director of Public Works/Aviation requests approval to increase the imprest cash fund in the Napa County Airport Enterprise Fund from $25 to $100.

23. County Fire Chief requests approval of and authorization for Chairman to sign the renewal of Agreement No. 1051 with the City of St. Helena for the term July 1, 2002 through June 30, 2007 for initial emergency services response within unincorporated area contiguous to the St. Helena City limits at a cost of $61,500 for Fiscal Year 2002-2003.

GENERAL ADMINISTRATION

24. Clerk of the Board requests appointment of R. Dean Stahr to serve on the Airport Land Use Commission with the term of office to expire May 1, 2006.

25. Clerk of the Board requests appointment of the following applicants to serve on the Emergency Medical Care Committee with the terms of office to expire April 1, 2004:

Applicants Categories of Representation

Noel Ojeda Ambulance Company Operator

Stacey Lavone Bauer Ambulance Company Operator, Alternate

Lonte Gene Russell CHP Helicopter

Jeffery Lone CHP Helicopter, Alternate

Daniel Hall Napa Fire Department, Alternate

26. County Counsel requests approval of and authorization for Chairman to sign an indemnification agreement with Charles W. Roy/Roy Estate Winery/Chateau Roy, LLC, as required by Condition of Approval No. 17 of Use Permit No. 01276-UP for a 12,000 gallon/year winery located on the east side of Soda Canyon Road, approximately 1,400 feet northeast of its intersection with Silverado Trail.

27. County Counsel requests approval of and authorization for Chairman to sign the following, extending the term of each through June 30, 2003, for services as a certification review hearing officer for Napa County residents:

A. Amendment No. 1 to Agreement No. 4633 with Joscelyn C. Jones;

B. Agreement (AUD No. 5464) with John Dawdy; and

C. Agreement (AUD No. 5465) with Judith Jones.

CONSENT CALENDAR – Continued

GENERAL ADMINISTRATION – Continued

28. Acting Personnel Director requests adoption of a resolution amending the Departmental Allocation List with regards to deleting one (1) Office Assistant II and adding one (1) Senior Office Assistant position in the Health and Human Services Agency, effective July 20, 2002.

29. Acting Personnel Director requests adoption of a resolution amending the Departmental Allocation List with regards to the extension of a Limited Term Attorney I/II/III position in the District Attorney’s Office, effective July 1, 2002.

30. Acting Personnel Director and County Executive Officer request adoption of a resolution approving a cost of living adjustment for management, confidential and non-classified employees in the amount of 3.8%, effective July 6, 2002.

31. Regional Coordinator requests authorization for out of state travel for Bruce Wilson, Regional Analyst, to attend an H-1B Conference and an Office of Disability Employment Policy training in Washington, D.C., from July 30, 2002 to August 2, 2002, at an estimated cost of $1,000.

32. Regional Coordinator requests approval of Budget Transfer No. 132 appropriating $10,000 into the Regional Training and Employment budget, with offsetting revenues from the Marin County Workforce Investment Board. (4/5 vote required)

33. Regional Coordinator requests approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4512 with Marin County Department of Health and Human Services extending the term to September 30, 2002 and amending the allocation to reflect changes in program spending within Workforce Investment Act regulations to complete the objectives of the Caregiver Training Initiative Grant.

34. Regional Coordinator requests approval of and authorization for Chairman to sign an agreement with Community Resources for Independence, Inc. for a maximum of $10,000 for the term June 1, 2002 through the term of the Project I.N.C.L.U.S.I.O.N. Grant to provide technical support, client services, and consultation to the North Bay Employment Connection.

CONSENT CALENDAR – Continued

GENERAL ADMINISTRATION - Continued

35. County Executive Officer requests adoption of a resolution authorizing execution of a Termination Agreement removing certain property from the 1990 Certificates of Participation Lease Agreement, and other certain actions related to said Agreement.

36. County Executive Officer requests approval of and authorization for Chairman to sign an agreement with Acuent Inc. for a maximum of $393,700 for the term July 9, 2002 through October 21, 2002 for consulting services relating to PeopleSoft Human Resources software.

37. County Executive Officer requests the Board:

A. Accept and file the 2001/2002 Grand Jury Final Report with the Clerk of the Board; and

B. Direct the County Executive Officer to prepare a response to the Grand Jury Report by September 18, 2002 as prescribed by law.

(Report on file with the Clerk of the Board)

38. County Executive Officer requests approval of the following actions in relation to Tobacco Settlement Funds:

A. Budget Transfer No. 1 appropriating $175,000 in the County Contributions budget, with offsetting revenues from the Tobacco Settlement Trust Fund for the operation of the Residential Treatment Program by Community Action of Napa Valley (4/5 vote required); and

B. Second year funding for the term October 1, 2002 through September 30, 2003, identical to that authorized in Fiscal Year 2001/2002 as follows:

Sister Anne Dental Clinic $ 56,000

Behavioral Health Collaboration 160,000

Community Health Clinic Ole 200,000

Community Action Napa Valley (Tobacco Cessation) 159,000

Community Action Napa Valley (Residential Stabilization) 175,000

TOTAL $750,000

CONSENT CALENDAR – Continued

GENERAL ADMINISTRATION - Continued

39. County Executive Officer and Acting Director of Health and Human Services request the following actions regarding the Napa County Stabilization Center:

A. Approval of and authorization for Chairman to sign Amendment No. 1 to Agreement No. 4763 with Community Action of Napa Valley, Inc. increasing the amount by $350,000 for a new maximum of $1,076,629 to include Tobacco Settlement funds for the Stabilization Center; and

B. Approval of Budget Transfer No. 4 transferring $350,000 from County Contributions (Budget Unit 18600) into the Substance Abuse Services budget (Budget Unit 42200). (4/5 vote required)

40. County Executive Officer requests approval of Budget Transfer No. 3 transferring $675,750 from General Liability Retained Earnings to Operating Transfer Out in the Insurance Liability budget and subsequently establishing the appropriate revenue and expenditure account in the County Contributions budget as a re-budgeted expenditure to participate in the Solano/Napa Firing Range pursuant to the Joint Powers Agreement. (4/5 vote required)

41. Approve minutes of Board of Supervisors’ meeting of May 21, 2002.

42. DISCUSSION OF ITEMS REMOVED FROM THE CONSENT CALENDAR.

SET MATTERS

43. 9:05 A.M. Special Meeting:

The Board of Supervisors sitting as the Board of Directors of the Napa County Public Improvement Corporation:

CONSENT

A. Approve minutes of the Napa County Public Improvement Corporation meeting of January 8, 2002.

B. Adoption of resolution authorizing the execution and delivery of a Termination Agreement relating to the 1990 Certificates of Participation leases, and other certain actions related to said Agreement.

C. Adjournment.

44. 9:10 A.M. Recess to the Napa County Flood Protection and Watershed Improvement Authority (NCFPWIA) Special Meeting. (See NCFPWIA Agenda)

45. 9:15 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 No. 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 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 of a new emergency propane-powered back-up generator within a 5’ by 8’ area immediately south of the new monopole, and (7) install of a new propane storage tank within an area of 5’ by 10’, approximately 60 feet south of the generator with an 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, MARCH 26, APRIL 9,

APRIL 16 AND MAY 21, 2002; APPLICANT REQUESTS WITHDRAWAL OF

THEIR REQUEST FOR RECONSIDERATION OF DECISION ON APPEAL)

SET MATTERS – Continued

46. 9:15 A.M. Recess to the In-Home Supportive Services (IHSS) Public Authority of Napa County Special Meeting. (See IHSS Agenda)

47. 9:30 A.M. Director of Conservation, Development and Planning requests the following:

A. Adoption of a resolution amending the Napa County California Environmental Quality Act (CEQA) Guidelines to authorize the collection of deposits for draft CEQA documents prepared by outside consultants and submitted to the Conservation, Development and Planning Department for review.

ENVIRONMENTAL DETERMINATION: General Rule 14 CCR 15061(a)(3)

B. Approval of and authorization for Chairman to sign the following agreements for the terms July 9, 2002 through June 30, 2003:

i) Agreement with EDAW, Inc. for a maximum of $94,852 for preparation of Initial Study and related CEQA documents in connection with Erosion Control Application ECPA 99-323; and

ii) Agreement with Lamphier-Gregory, Inc. for a maximum of $35,084 for preparation of Initial Study and related CEQA documents in connection with Erosion Control Applications ECPA 99-485 and ECPA 02-022.

48. 9:45 A.M. Presentation by the Napa County Child Care Planning Council regarding the status of child care in the community.

49. 10:00 A.M. PUBLIC HEARING Appeal filed by R. Gregory Rodeno to a decision by the Conservation, Development and Planning Commission on March 20, 2002 to approve Steven Grover Winery/John Steffans – Use Permit Request No. 00325-UP to establish a 19,200 gallon/year winery, including 10% (1,900 gallons/year) of the production capacity used for 2 custom producers (crushing, fermentation, barrel ageing, bottling, retail wine sales, tasting, distribution/shipping); the construction of a 7,500 square-foot winery (3,750 square foot footprint); the use of a 5,300 square foot cave for barrel fermentation/storage; and the construction of a 6-space parking area and associated access driveways. Operations will include 6 full-time employees; retail wine sales and tours/tasting by appointment only; and limited marketing activities (8 events per year for wine trade and key sales groups of 20 to 100 persons) located on a 39.66+ acre parcel, on the north side of Spring Mountain Road near its intersection with the Napa/Sonoma County line within the Agricultural Watershed Zoning District and Agriculture, Watershed and Open Space General Plan land use designation. (Assessor’s Parcel No. 020-300-063) 4028 Spring Mountain Road, St. Helena.

ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration Adopted.

SET MATTERS – Continued

50. 2:15 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 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,

MARCH 12, MARCH 26 AND JUNE 4, 2002; STAFF REQUESTS

CONTINUANCE TO JULY 16, 2002 AT 10:30 A.M.)

REGULAR CALENDAR

FINANCE

51. Registrar of Voters requests that the Board of Supervisors authorize the Chairman to send letters to Senator Wes Chesbro, Assemblywoman Patricia Wiggins and Senator Ross Johnson opposing SB 1975 (Johnson) creating two primary elections in presidential election years.

GENERAL ADMINISTRATION

52. County Executive Officer requests authorization for the Board of Supervisors to pay, through October 1, 2002, the state and federal shares of various programs that the state may not fund due to the absence of an approved state budget.

REGULAR CALENDAR - Continued

GENERAL ADMINISTRATION - Continued

53. Clerk of the Board requests the following appointments to the Juvenile Justice/

Delinquency Prevention Commission:

A. Appointment of four (4) Citizen representatives with the terms of office to expire March 1, 2006:

Applicants

Rachel Frank Clark* Albert T. Iliff

Thomas B. Gill Jeanie A. Cheroff Redding*

Kenneth W. Hirsch* Randi Storm*

*Incumbents

B. Appointment of the following four (4) Youth Voting representatives with the terms of office to expire September 1, 2005:

Applicants

Lauren Andrea Andrews Myra Martinez-Martinez

Crishna Maria Flores Maria Ortega

C. Appointment of the following two (2) Youth Non-Voting representatives with no specific terms of office:

Applicants

Maria DesJardins Rodolfo Ramos

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

AB 2761 (Pavley): Prohibits a lead agency from authorizing or allowing any grading or development on a project subject to California Environmental Quality Act (CEQA) unless every responsible agency and public agency with jurisdiction over natural resources affected by the project has fully complied with CEQA, and has approved the project.

55. Board of Supervisors’ Committee Reports and Announcements.

56. Board of Supervisors’ Future Agenda Items.

REGULAR CALENDAR - Continued

GENERAL ADMINISTRATION - Continued

57. 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’ SPECIAL MEETING, MONDAY,

JULY 15, 2002 AT 9:00 A.M. AND REGULAR MEETING, TUESDAY, JULY 16, 2002

AT 9:00 A.M.