††††††† AGENDA

 

†† NAPA COUNTY BOARD OF SUPERVISORS

 

TUESDAY†††††††††††††††† SEPTEMBER 16, 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 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 Boardís 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 ITEMS - 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 Ė PUBLIC HEARINGS - These items are noticed hearings, work sessions, and items with a previously set time.

 

ADMINISTRATIVE ITEMS - 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, ADMINISTRATIVE ITEMS 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.†††††††† PRESENTATIONS AND COMMENDATIONS - NONE

 

 

4.†††††††† 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.

 

 

5.†††††††† DEPARTMENT DIRECTORSí REPORTS AND ANNOUNCEMENTS

 

 

6.†††††††† CONSENT ITEMS

 

††††††††††† Law & Justice

 

A.††††††† District Attorney requests approval of and authorization for the Chair to sign renewal of Agreement No. 3998 with the State of California, Department of Justice, for toxicological drug analysis at the rate of $14 per analysis through September 30, 2003 increasing to $17 per drug analysis, effective October 1, 2003 and revising the term to automatically renew each fiscal year.

 

 

B.††††††† Chief Probation Officer requests approval of and authorization for the Chair to sign an agreement with the County of Sonoma for the placement of Napa County wards at the Sonoma County Probation Camp at a rate of $3,000 per ward per month, for the term September 16, 2003 through June 30, 2004.

 

 

††††††††††† Public Safety

 

C.††††† Sheriff requests approval of Budget Transfer No. 11 increasing appropriations by $40,077 with offsetting revenue from Agreement No. 5092 with the United States Department of Agriculture, Office of Inspector General, for reimbursement of costs of law enforcement activities connected with cockfighting operations in the unincorporated area.

(4/5 vote required)

 

 

Human Services

 

††††††††††† D.††††††† Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4770 with Teletask, Inc., for a maximum of $2,095 for the term July 1, 2003 through June 30, 2004 for maintenance of a voice response and auto dialer system for the Maternal Child Health Department and Womenís, Infantsí and Childrenís Program.

 

 

††††††††††† Community Resources & Infrastructure

 

E.†††††††† Director of Public Works requests the following:

 

††††††††††† 1)†††††††† Acceptance of a grant in the amount of $106,440 to assist the Connolly Ranch Facilities Improvement Project, from funds encumbered to Napa County under the Proposition 12 Parks Bond Act of 2000 and administered by the California State Department of Parks and Recreation; and

††††††††††† 2)†††††††† Approval of and authorization for the Chair to sign a Funding Agreement for $100,000 for the term September 16, 2003 through December 31, 2007 between County and the Land Trust to expend the portion of the approved Grant funding allocated by County for use on the Connolly Ranch Facilities Improvement Project.

 

 

††††††††††† F.†††††††† Director of Public Works/Aviation requests approval of and authorization for the Chair to sign the following agreements for the term September 16, 2003 through August 31, 2023:

 

††††††††††††††††††††††† 1)†††††††† SK Aviation, LLC, to lease 44,014 square feet of airport land; and

††††††††††††††††††††††† 2)†††††††† Las Madronas, LLC, to lease 15,750 square feet of airport land.

 

 

††††††††††† General Administration & Finance

 

G.††††††† Human Resources Director requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 3516 and the related HIPAA Amendment with Managed Health Network extending the term through June 30, 2004 and increasing the monthly rate to $3.89 per employee per month to provide employee assistance services.

 

 

H.††††††† Human Resources Director requests approval of and authorization for the Chair to sign the following documents extending the term through June 30, 2004 and increasing certain rates for services provided in connection with occupational health issues:

 

††††††††††† 1)†††††††† Amendment No. 2 to Agreement No. 4527 with Job Care Medical Services Program; and

††††††††††† 2)†††††††† Amendment No. 3 to Agreement No. 4346 with WorkHealth Occupational Health Clinic at Queen of the Valley Hospital.

 

 

††††††††††† General Administration & Finance - Continued

 

††††††††††† I.††††††††† Human Resources Director requests approval of and authorization for the Chair to sign the following agreements extending the term through June 30, 2004 for fitness club participation in the County Wellness Program:

 

††††††††††††††††††††††† 1)†††††††† Amendment No. 2 to Agreement No. 4528 with Exertec Health Systems, Inc. doing business as Exertec Fitness Center; and

††††††††††††††††††††††† 2)†††††††† Amendment No. 2 to Agreement No. 4529 with Back Street Fitness, Inc., doing business as HealthquestFitness and Aerobic Center.

 

 

J.†††††††† Human Resources Director requests adoption of a resolution regarding the following actions in the Treasurer-Tax Collectorís Department, effective September 27, 2003, with no net increase in the total number of positions:

 

††††††††††††††††††††††† 1)†††††††† Amend the Departmental Allocation List and the Table and Index for the Treasurer-Tax Collectorís Department;

††††††††††††††††††††††† 2)†††††††† Amend the Employer-Employee Relations Policy; and

††††††††††††††††††††††† 3)†††††††† Approve the new class specification for Accounting Specialist.

(Details on file with the Clerk of the Board)

 

 

K.††††††† County Executive Officer requests approval of the amended County Travel Policy, effective October 1, 2003.

 

 

††††††††††† L.†††††††† County Executive Officer requests approval of and authorization for the Chair to sign the following letters to the Presiding Judge of the Superior Court regarding the 2002-2003 Grand Jury Final Report:

 

††††††††††††††††††††††† 1)†††††††† Joint response from Napa County, Napa County Flood Control and Water Conservation District, Cities of American Canyon, Calistoga, Napa, St. Helena, Town of Yountville, and the Napa Sanitation District; and

††††††††††††††††††††††† 2)†††††††† Transmittal of final responses to the Presiding Judge.

 

 

M.†††††† Second reading and adoption of an ordinance of the Board of Supervisors of the County of Napa amending Chapter 3.16 of the Napa County Code pertaining to reassessment of damaged or destroyed property.

††††††††††††††††††††††† ENVIRONMENTAL DETERMINATION:It can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment and therefore CEQA is not applicable.[See Guidelines for the Implementation of the California Environmental Quality Act, 14 CCR 15061(b)(3)]

 

 

††††††††††† N.††††††† Approve minutes of Board of Supervisorsí meetings of August 26, 2003 and August 20, 2002.

 

 

7.†††††††† DISCUSSION OF ITEMS REMOVED FROM THE CONSENT CALENDAR

 

 

8.†††††††† SET MATTERS - PUBLIC HEARINGS

 

††††††††††† A.††††††† 9:15 A.M.Special Meeting:

 

††††††††††††††††††††††† The Board of Supervisors meeting as the Board of Directors of the Lake Berryessa Resort Improvement District:

 

††††††††††††††††††††††† CONSENT

††††††††††††††††††††††† 1)†††††††† Approve minutes of the Lake Berryessa Resort Improvement District meetings of

††††††††††††††††††††††††††††††††††† August 12 and August 5, 2003.

††††††††††† 2)†††††††† District Engineer requests the following actions pertaining to the Grand Jury Report for 2002-2003:

 

Approval of the joint (LBRID/NBRID) response regarding Findings 1 and 2 and Recommendation 1 and 2 for water in the Grand Jury Final Report for 2002-2003.

††††††††††††††††††††††† 3)†††††††† Adjourn to Lake Berryessa Resort Improvement District regular meeting of Tuesday, October 7, 2003 at 9:15 A.M.

 

 

††††††††††† B.††††††† 9:15 A.M.Special Meeting:

 

††††††††††††††††††††††† The Board of Supervisors meeting as the Board of Directors of the Napa Berryessa Resort Improvement District:

 

††††††††††††††††††††††† CONSENT

††††††††††††††††††††††† 1)†††††††† Approve minutes of the Napa Berryessa Resort Improvement District meetings of

††††††††††††††††††††††††††††††††††† August 12 and August 5, 2003.

††††††††††† 2)†††††††† District Engineer requests the following actions pertaining to the Grand Jury Report for 2002-2003:

 

Approval of the joint (LBRID/NBRID) response regarding Findings 1 and 2 and Recommendation 1 and 2 for water in the Grand Jury Final Report for 2002-2003.

††††††††††††††††††††††† 3)†††††††† Adjourn to Napa Berryessa Resort Improvement District regular meeting of Tuesday, October 7, 2003 at 9:15 A.M.

 

 

††††††††††† C.††††††† 9:30 A.M.Board of Supervisors meeting as a Board of Equalization:

 

††††††††††††††††††††††† 1)†††††††† Agenda review

 

††††††††††††††††††††††† 2)†††††††† STIPULATIONS*

 

02-165††††††††††††††††††††††† John E. Millious

††††††††††††††††††††††††††††††††††† (Assessorís Parcel No. 021-420-002)

 

03-12†††††††††††††††††††††††††† William L. Bailey

††††††††††††††††††††††††††††††††††† (Assessorís Parcel No. 820-004-709)

 

03-14 & 03-15 †††††††††† Jamba Juice Company

††††††††††††††††††††††††††††††††††† (Assessorís Parcel Nos. 800-050-944 & 800-052-444)

 

 

8.†††††††† SET MATTERS - PUBLIC HEARINGS - Continued

 

††††††††††††††††††††††† 3)†††††††† REQUESTS FOR CONTINUANCE*

 

02-68/02-149††††††††††††† Beringer Wine Estates

††††††††††††††††††††††††††††††††††††††††††††††† (Assessorís Parcel Nos.-List on file with the Clerk of the Board)

 

††††††††††††††††††††††† 4)†††††††† HEARINGS*

 

02-164†††††††††††††††††††††††† Fred Favero

(Assessorís Parcel No. 050-341-001)

 

02-166 ††††††††††††††††††††††† Virginia Lee Longo

(Assessorís Parcel No. 995-078-768)

 

*Background information on file with the Clerk of the Board.

 

5)†††††††† Adjourn to Board of Equalization meeting Tuesday, October 21, 2003 at 9:30 A.M.

 

 

††††††††††† D.††††††† 10:00 A.M.Conservation, Development and Planning Director requests that direction be provided regarding the need to prepare an ordinance amendment to clarify whether caves are required to meet the winery setback requirements of Section 18.104.230 of the Napa County Code.

ENVIRONMENTAL DETERMINATION:Categorical exemption pursuant to Class 5

(CEQA Guidelines Section 15303), Minor alterations to land use limitations.

 

 

††††††††††† E.†††††††† 1:30 P.M.Recess to the Napa County Flood Control and Water Conservation District (NCFCWCD) meeting (See NCFCWCD Agenda).

 

 

F.†††††††† 2:30 P.M.Consideration of and possible direction to staff regarding the amendment of existing provisions of the Napa County Code relating to increasing the Transient Occupancy Tax (TOT) from 10.5% to 12.0% subject to voter approval.(2:30 P.M. start or later upon completion of the NCFCWCD meeting)

 

 

9.†††††††† ADMINISTRATIVE ITEMS

 

††††††††††† Human Services

 

††††††††††† A.††††††† Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 3260 with Crestwood Behavioral Health, Inc., for a maximum of $898,533 for the term July 1, 2003 through June 30, 2004 to provide residential mental health services.

††††††††††††††††††††††† (CONTINUED FROM SEPTEMBER 9, 2003)

 

9.†††††††† ADMINISTRATIVE ITEMS - Continued

 

Human Services - Continued

 

††††††††††† B.††††††† Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4724 with Locumtenens.com, Inc., increasing the amount by $272,320 for a new maximum of $292,320 to provide recruitment and psychiatric services to the mental health programs.

 

 

††††††††††† General Administration & Finance

 

C.††††††† Emergency Services Manager to discuss and request possible action relative to the creation of a Community Emergency Response Team (CERT) Training Advisory Committee.

 

 

D.††††††† County Executive Officer to present and request approval of recommendations from the Health Partnership Coalition regarding distribution of Tobacco Settlement Funds for the term October 1, 2003 through September 30, 2004.

 

 

E.†††††††† First reading and intention to adopt an ordinance of the Board of Supervisors of the County of Napa, separating the consolidated offices of Public Guardian and District attorney-public administrator, terminating the designation of the District attorney-public Administrator as Public Guardian and Public Conservator, and amending certain sections in chapters 2.24 and 2.32 of the Napa County Code to reorganize the office of the Public Guardian as authorized by Government Code Sections 27430, et seq.

ENVIRONMENTAL DETERMINATION:It can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment and therefore CEQA is not applicable.[See Guidelines for the Implementation of the California Environmental Quality Act, 14 CCR 15061(b)(3)]

 

 

10.†††††† LEGISLATIVE ITEMS

 

††††††††††† The Legislative Subcommittee will present a report. The Board may or may not take action on any or all items presented for discussion.

 

 

11.†††††† BOARD OF SUPERVISORSí COMMITTEE REPORTS AND ANNOUNCEMENTS

 

 

12.†††††† BOARD OF SUPERVISORSí FUTURE AGENDA ITEMS

 

 

13.†††††† COUNTY EXECUTIVE OFFICER REPORTS AND ANNOUNCEMENTS

 

 

14.†††††† CLOSED SESSION

 

††††††††††† A.††††††† PUBLIC EMPLOYEE PERFORMANCE EVALUATION(Government

Code Section 54957)

 

Title:County Executive Officer

††††††††††††††††††††††† (CONTINUED FROM SEPTEMBER 9, 2003)

 

B.††††††† CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Government Code Section 54956.9 (a))

 

Names of cases:

1)†††††††† Jorge Deharo, Hector Olvera, Latinos Unidos de Napa, an Unincorporated

Association v. County of Napa et. al. (Napa County Superior Court Case

No. 26-22255)

††††††††††† 2)†††††††† Napa Citizens for Honest Government et al v. Napa County Board of Supervisors (Case No. 26-04014)

 

 

15.†††††† ADJOURNMENT

 

 

ADJOURN TO BOARD OF SUPERVISORSí REGULAR MEETING, TUESDAY,

SEPTEMBER 23, 2003 AT 9:00 A.M.