AGENDA NAPA COUNTY BOARD OF SUPERVISORS TUESDAY AUGUST 13, 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 the following agreements related to the continuation of the Victim Witness Program for the term July 1, 2002 through June 30, 2003:

A. Renewal of Agreement No. 4533 with the California Office of Criminal Justice Planning (OCJP) for $163,052; and

B. Amendment No. 15 to Agreement No. 1530-B with the Volunteer Center of Napa County for $163,052.

6. Chief Probation Officer requests authorization for out of state travel for Scott Wooden, Probation Officer I, to attend a Street Survival seminar in Scottsdale, Arizona, from August 19-22, 2002, at an estimated cost of $900.

7. District Attorney requests authorization for out of state travel to attend the National College of District Attorney’s course “Prosecuting Homicide Cases,” in New Orleans, Louisiana, from October 27–31, 2002, at an estimated cost of $2,000.

8. District Attorney requests authorization to accept a grant in the amount of $33,261 from the Department of Justice for the Spousal Abuser Prosecution Program.

CONSENT CALENDAR – Continued

FINANCE

9. Auditor-Controller requests authorization to prepare the necessary accounting entries to close the financial books for Fiscal Year ended June 30, 2002. (4/5 vote required)

10. Auditor-Controller requests acceptance of and instruction to the Clerk of the Board to file the Audit Report of the Congress Valley Water District for fiscal years ended June 30, 2001 and June 30, 2000. (Report on file with the Clerk of the Board)

HUMAN SERVICES

11. Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 2939 with Richard Geisler, Ph.D., for a maximum of $11,690 for the term July 1, 2002 through June 30, 2003 to provide psychological evaluation services.

12. Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 3700 with the California Department of Health Services for $23,670 for the term July 1, 2002 through June 30, 2003 for the Child and Infant Immunization Program.

13. Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 3742 with the California Department of Health Services (CDHS) for a maximum of $1,000 for the term July 1, 2002 through June 30, 2003 for costs associated with the AIDS Drug Assistance Program (ADAP).

14. Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4068 with Liliana Garcia for a maximum of $10,850 for the term July 1, 2002 through June 30, 2003 for nurse practitioner services in County health clinics.

15. Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4074 with Martin L. Forst, Ph.D., for a maximum of $10,000 for the term July 1, 2002 through June 30, 2003 to provide evaluation services for the County Tobacco Control Plan.

CONSENT CALENDAR – Continued

HUMAN SERVICES – Continued

16. Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4181 with Planned Parenthood-Shasta Diablo for a maximum of $20,580 for the term July 1, 2002 through June 30, 2003 to provide case management services for clients of the Cal Learn Program.

17. Director of Health and Human Services requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4402 with Davis Guest Home, Inc. for a maximum of $183,960 for the term July 1, 2002 through June 30, 2003 to provide residential mental health services.

18. Director of Health and Human Services requests approval of and authorization for Chairman to sign the following agreements with Community Action of Napa Valley, Inc. for food service for the Therapeutic Child Care Center:

A. Renewal of Agreement No. 4505 for a maximum of $24,227 for the term July 1, 2002 through June 30, 2003 for reimbursement for meals provided at the Therapeutic Child Care Center; and

B. An agreement establishing food service criteria guidelines.

19. Director of Health and Human Services requests approval of and authorization for Chairman to sign an agreement with the California Department of Health Services for a maximum of $66,132 for the term February 15, 2002 through August 31, 2003 to provide bioterrorism planning and support activities in Napa County.

PROPERTY

20. Director of Environmental Management requests approval of the following actions related to establishing a document and image management system:

A. Budget Transfer No. 14 transferring $78,000 from Hazardous Waste Enforcement Trust Account to Environmental Management;

B. Establish a fixed asset of $7,500 for the purchase of a scanner; and

C. Authorization for Chairman to sign an agreement with NEKO Industries, Inc. for $76,147 for the term August 13, 2002 through June 30, 2003.

21. Director of Public Works requests adoption of a resolution restricting parking, stopping or standing of vehicles on a portion of Highway 29 north of Larkmead Lane.

CONSENT CALENDAR – Continued

PROPERTY – Continued

22. Director of Public Works requests acceptance of the work as complete and authorization for Chairman to sign and file a Notice of Completion with the Clerk/Recorder for Contract No. RDS 02-08, “Yountville Cross Road Bridge Seismic Repairs Project.”

23. Director of Public Works requests approval of and authorization for Chairman to sign Program Supplement Agreement No. M010 to Administering Agency-State Agreement No. 04-5921 for the Silverado Trail Overlay Project, RDS 02-13.

24. Director of Public Works requests approval of and authorization for Chairman to sign Program Supplement Agreement No. M011 to Administering Agency-State Agreement No. 04-5921 for the Howell Mountain Road Overlay Project, RDS 02-13.

25. Director of Public Works requests approval of and authorization for Chairman to sign Amendment No. 1 to Lease Agreement No. 1460 with the Town of Yountville for library space at a monthly cost of $612 for the term July 1, 2002 through June 30, 2003, with the option to extend the lease for an additional 12 months to June 30, 2004.

GENERAL ADMINISTRATION

26. County Counsel requests adoption of a resolution authorizing and levying assessments in the amount of $4.51 per planted vineyard acre for Fiscal Year 2002/2003 on qualifying properties in the Napa County Winegrape Pest and Disease Control District (NCWPDCD).

27. County Counsel requests adoption of a resolution authorizing and levying assessments in the amount of $7.66 per planted vineyard acre for Fiscal Year 2002/2003 on qualifying properties in County Service Area No. 4 (CSA #4).

28. Information Technology Services Director and County Executive Officer/Purchasing Agent request a waiver of competitive bidding requirements and authorization to make a sole source award for the purchase of annual support and maintenance for the County’s Financials and Human Resources hardware and software systems from Hewlett Packard, Roseville, California, for the total amount of $32,394.

CONSENT CALENDAR – Continued

GENERAL ADMINISTRATION – Continued

29. Job Training Director requests approval of and authorization for Chairman to sign the renewal of Agreement No. 4581 with Solano School of Nursing Assistants, Inc., for a maximum of $5,000 for the term July 1, 2002 through June 30, 2003 for client job skills training.

30. Job Training Director requests approval of Budget Transfer No. 12 appropriating $8,626 in the Training and Employment Center budget, with offsetting revenue from Workforce Investment Act (WIA) grant funds to expand universal access at the One-Stop Center. (4/5 vote required)

31. Library Director requests authorization for out of state travel for Katherine Anderson, Library Computer Systems Technician, and Anne Moya, Head of Technical Services, to attend the Library’s Automation System Annual Users Group meeting in Denver, Colorado, from October 30, 2002 to November 2, 2002, at an estimated total cost of $2,200.

32. Library Director requests approval of Budget Transfer No. 13 re-budgeting unspent funds from the English Language and Library Intensive (ELLI) Focus on Families Fiscal Year 2001/2002 grant totaling $72,437 that the California State Library has authorized to be used in Fiscal Year 2002/2003. (4/5 vote required)

33. Library Director requests approval of the following actions pertaining to the English Language and Literacy Intensive (ELLI) grant entitled Youth Experiencing Success (YES):

A. Acceptance of the ELLI grant administered by the California State Library, in the amount of $30,000; and

B. Approval of Budget Transfer No. 11, with offsetting revenue from the ELLI grant, for related program services. (4/5 vote required)

34. Library Director requests approval of and authorization for Chairman to sign the following agreements associated with the English Language and Literacy Intensive (ELLI) Focus on Families grant for a maximum of $54,000 each for the term August 13, 2002 through June 30, 2003:

A. Agreement with Sean Michael Dodd; and

B. Agreement with Ellen Marie Russell.

CONSENT CALENDAR – Continued

GENERAL ADMINISTRATION – Continued

35. Acting Personnel Director requests approval of the following actions relating to a professional services contract for legal services:

A. Authorization for Chairman to sign an agreement with Curiale Dellaverson Hirschfeld Kraemer & Sloan, LLP, for a maximum of $45,000 for the term April 1, 2002 through June 30, 2003; and

B. Approval of Budget Transfer No. 15 appropriating $45,000 in the Personnel Services budget with offsetting revenue from Workers’ Compensation Retained Earnings. (4/5 vote required)

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 the following tax-exempt Health and Human Service organizations:

Alternatives for Better Living

Nuestra Esperanza/Community Action of Napa Valley

Progress Foundation

37. Approve minutes of Board of Supervisors’ meeting of June 11, 2002.

38. DISCUSSION OF ITEMS REMOVED FROM THE CONSENT CALENDAR.

SET MATTERS

39. 9:15 A.M. PUBLIC HEARING Director of Conservation, Development and Planning requests Board to consider Application for Temporary Event License Request No. 02300-E filed by Sutter Home Winery, Inc., to hold the Sutter Home Winery Build a Better Burger Cook-off featuring contest winners who prepare burgers from winning recipes for attendees and judges followed by an awards ceremony with music at Sutter Home Winery, Saturday, September 28, 2002 from 12 noon to 4:00 P.M. with an expected attendance of 1,000 persons at 105 Zinfandel Lane, St. Helena. (Assessor’s Parcel No. 030-060-025).

40. 9:30 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).

(CONTINUED FROM APRIL 9, MAY 7, JUNE 4 AND JULY 23, 2002;

APPELLANTS REQUEST WITHDRAWAL OF APPEAL)

SET MATTERS – Continued

41. 9:30 A.M. Auditor-Controller requests approval of the final appropriation and revenue levels and adoption of a resolution establishing the total financing requirements for the 2002/2003 Final Budget for County Service Area No. 3 governed by the Board of Supervisors. (4/5 vote required)

42. 9:30 A.M. The Board of Supervisors meeting as the Board of Directors of the Silverado Community Services District:

CONSENT

A. Approve minutes of the Silverado Community Services District meeting of August 6, 2002.

B. Auditor-Controller requests approval of the final appropriation and revenue levels and adoption of a resolution establishing the total financing requirements for the 2002/2003 Final Budget for the Silverado Community Services District governed by the Board of Supervisors. (4/5 vote required)

C. Adjournment.

43. 9:30 A.M. Special Meeting: The Board of Supervisors meeting as the Board of Trustees of the Monticello Public Cemetery District:

CONSENT

A. Approve minutes of the Monticello Public Cemetery District meeting of August 6, 2002.

B. Auditor-Controller requests approval of the final appropriation and revenue levels and adoption of a resolution establishing the total financing requirements for the 2002/2003 Final Budget for the Monticello Public Cemetery District governed by the Board of Supervisors. (4/5 vote required)

C. Adjournment.

44. 9:30 A.M. The Board of Supervisors meeting as the Board of Directors of the Napa Berryessa Resort Improvement District:

CONSENT

A. Approve minutes of the Napa Berryessa Resort Improvement District meeting of August 6, 2002.

B. Auditor-Controller requests approval of the final appropriation and revenue levels and adoption of a resolution establishing the total financing requirements for the Fiscal Year 2002/2003 Final Budget for the Napa Berryessa Resort Improvement District governed by the Board of Supervisors. (4/5 vote required)

C. Auditor-Controller requests adoption of a resolution establishing the Fiscal Year 2002/2003 appropriation limit and estimated revenue subject to the limit for the Napa Berryessa Resort Improvement District, as required by Article XIII-B of the California Constitution.

D. Adjournment.

SET MATTERS – Continued

45. 9:30 A.M. The Board of Supervisors meeting as the Board of Directors of the Lake Berryessa Resort Improvement District (LBRID):

CONSENT

A. Approve minutes of the Lake Berryessa Resort Improvement District meeting of August 6, 2002.

B. Auditor-Controller requests approval of the final appropriation and revenue levels and adoption of a resolution establishing the total financing requirements for the Fiscal Year 2002/2003 Final Budget for the Lake Berryessa Resort Improvement District governed by the Board of Supervisors. (4/5 vote required)

C. Auditor-Controller requests adoption of a resolution establishing the Fiscal Year 2002/2003 appropriation limit and estimated revenue subject to the limit for the Lake Berryessa Resort Improvement District, as required by Article XIII-B of the California Constitution.

REGULAR

D. District Engineer requests the following actions pertaining to the LBRID Slope Stabilization Improvements Project:

i) Authorization to cancel $73,079 in Designations and move to fund balance (4/5 vote required);

ii) Approval of Budget Transfer No. 10 appropriating $578,296 with offsetting revenues from a California Office of Emergency Services (OES) grant for $445,217, and LBRID fund balance for $73,079, and transferring $60,000 from the completed sewer line repair project (4/5 vote required); and

iii) Authorization to award the contract for the “LBRID Slope Stabilization Improvements Project,” PW 01-14, to R & M Grading, Inc., of Napa, California, for their low bid of $557,755.40 and authorization for Chairman to sign the construction contract on behalf of the LBRID.

E. District Engineer requests approval of and authorization for Chairman to sign the following with Recovery Operation Specialty Services (ROSS) for the LBRID Slope Stabilization Improvements Project for the term July 1, 2002 through June 30, 2003:

i) Amendment No. 2 to Agreement No. 4306 for permit requirements for the Office of Emergency Services Natural Disaster Assistance Act 98-01 grant;

ii) Amendment No. 2 to Agreement No. 4307 for project management for the Office of Emergency Services Natural Disaster Assistance Act 98-01 grant; and

iii) Amendment No. 2 to Agreement No. 4308 for program administration for the Office of Emergency Services Natural Disaster Assistance Act 98-01 grant.

F. Adjournment.

SET MATTERS – Continued

46. 9:30 A.M. Closed Session regarding:

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to Government Code Section

54956.9(b): (One case)

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code Section 54956.9(a))

Name of case: Thollander v. County of Napa (Napa Superior Court Case

No. 26-15917)

C. CONFERENCE WITH LABOR NEGOTIATOR (Government Code

Section 54957.6):

Agency negotiator: Charla Freckmann, Acting Personnel Director

Employee organization: SEIU Local 614 (NAPE)

Unrepresented Employees: Non-Classified, Management and Confidential Employees (Excluding Elected Officials)

47. 10:00 A.M. Hearing on vineyard property owners request to be exempted from the approved assessment in County Service Area No. 4 (CSA #4) on the grounds that they are providing housing for their own farmworkers.

ENVIRONMENTAL DETERMINATION: This activity is included as part of establishing CSA #4, for which a Negative Declaration was previously approved.

(STAFF REQUESTS CONTINUANCE TO AUGUST 20, 2002 AT 9:25 A.M.)

48. 10:30 A.M. PUBLIC HEARING Appeal filed by Thomas N. Lippe, attorney on behalf of Greg Gale to the Conservation, Development and Planning Commission’s decision to approve Pahlmeyer Vineyards, LLC – Use Permit Request No. 00256-UP Approval to establish a new 100,000 gallons/year winery of approximately 40,378 square feet with: (A) a 15,679 square foot outdoor covered area; (B) a tower 47 feet high, 14 feet long by 10 feet wide; (C) 16 full-time employees and 8 part-time employees; (D) private tours and tastings by appointment only (average 10 persons/day); (E) a marketing plan with 24 marketing events (average 15 persons/event) and 1 wine auction event per year; (F) construction of a wastewater pond; (G) installation of turn-outs and widening of both Waters Road and the on-site access road to the winery; and (H) proposed installation of acceleration/deceleration lanes at the Waters Road and Monticello Road intersection (pending CALTRANS approval), located on a 221.78 acre parcel at the terminus of Waters Road west of Monticello Road, approximately 1.8 miles north of Wooden Valley Road within an Agricultural Watershed (AW) Zoning District. (Assessor’s Parcel No. 033-010-065)

ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration adopted.

REGULAR CALENDAR

GENERAL ADMINISTRATION

49. Clerk of the Board requests the following appointments to the Napa River Watershed Conservancy/Watershed Information Center (WIC) Board of Directors:

A. Appointment of two (2) members of the Board of Supervisors.

B. Appointment of Napa County Conservation, Development and Planning Commissioner David Graves.

C. Appointment of the following two (2) members of the cities (represented by the League of Municipalities):

Applicants

Council Member Jo Ann Busenbark, City of Napa

Council Member Sampson Bowers, City of St. Helena

D. Appointment of the following individuals:

Applicants Representing

Jake Adrian Ruygt Napa County Land Trust

Al Buckland Natural Resource Conservation District

Phil Blake Natural Resource Conservation Service

E. Appointment of six (6) public at large members:

Applicants

David M. Briggs

Donald P. Gasser

G. Denny Ghiringhelli

Jeffrey Redding

Tom Shelton

Charles Slutzkin

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

Proposition 51: Transportation. Allocation of Sales and Use Taxes Raised from Sale or Lease of Motor Vehicles.

(CONTINUED FROM AUGUST 6, 2002)

51. Board of Supervisors’ Committee Reports and Announcements.

52. Board of Supervisors’ Future Agenda Items.

ADJOURN TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, AUGUST 20, 2002 AT 9:00 A.M.