MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

January 13, 2004

1. Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, JANUARY 13, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRPERSON MARK LUCE, SUPERVISORS

BILL DODD, MIKE RIPPEY, BRAD WAGENKNECHT AND DIANE DILLON.

THE MEETING WAS CALLED TO ORDER BY CHAIR LUCE AT 9:01 A.M.

2. Pledge of Allegiance.

MR. HERBERT FORD LED THE SALUTE TO THE FLAG.

3. Presentations and Commendations.

A. Presentation of Retirement Resolution No. 04-01 to Andy Vanderschoot, Assistant County Probation Officer, in recognition of over 29 years of service.

PRESENTATION MADE

4. Public Comment.

NONE

5. Department Directors’ Reports and Announcements.

NONE

Consent Calendar

6A. Director of Public Works requests approval of and authorization for the Chair to sign a Cooperative Agreement with the State of California for State Routes 12/29/Airport Boulevard At-Grade Intersection (District Agreement No. 4-1984-C) for the design and construction of interim improvements at the intersection of Hwy12/Hwy29/Airport Road. A-6235

6B. Director of Public Works requests adoption of the following resolutions supporting:

1) The Bay Area Air Quality Management District’s “Leading the Way to Attainment: The Clean Air Consortium” Program; and R-04-04

2) The Purchase of Clean Air Vehicles for General Service Vehicles.

R-04-05

6C. Regional Coordinator requests approval of and authorization for the Chair to sign an agreement with the County of Sonoma Human Services Department for $177,375 for the term

October 1, 2003 through September 30, 2004 to implement Projects INCLUSION, DEVELOP, COMPASS, TIME and CHOICE for people with disabilities seeking employment.

A-6236

6D. Regional Coordinator requests approval of and authorization for the Chair to sign an agreement with the Private Industry Council of Solano County, Inc. dba the Workforce Investment Board of Solano County, Inc. for $127,375 for the term October 1, 2003 through September 30, 2004 to implement Projects DEVELOP, CHOICE, TIME and COMPASS for people with disabilities seeking employment. A-6237

6E. County Executive Officer requests the following actions related to sales tax services provided by The HdLCompanies:

1) Cancellation of a Designation (Sales Tax – Economic Uncertainties) in the amount of $160,000; and

2) Approval of Budget Transfer No. 39 increasing appropriations by $160,000 in the Central Services budget in order to pay invoices related to sales tax distribution corrections. (4/5 vote required) BT-39

6F. County Executive Officer requests the following actions related to the legislative advocacy services:

1) Authorization to rescind Agreement No. 2634 with Wagerman and Associates, Inc. effective November 30, 2003; and

2) Approval of and authorization for the Chair to sign an agreement with Peterson Consulting, Inc. for a maximum of $67,150 for lobbying services effective

December 1, 2003 through June 30, 2005.

ITEM REMOVED FROM AGENDA

7. Discussion of items removed from the Consent Calendar.

SEE ITEM 6F.

APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6E, AS NOTATED ABOVE.

BD-BW-MR-DD-ML

Set Matters – Public Hearings

8A. 10:00 A.M. Agricultural Commissioner reports on Vine Mealybug and requests approval of and authorization for the Chair to sign an agreement with the Napa Valley Grape Growers Association, the Napa Valley Vintners Association and the Napa County Farm Bureau for the sharing of costs related to the Napa County Vine Mealybug (VMB) Workplan in Napa County for the term

July 1, 2003 through June 30, 2006.

APPROVED REQUEST DD-BD-MR-BW-ML A-6238

8B. 11:00 A.M. Director of Conservation, Development and Planning requests the following actions of the Board:

1) Appointment of two (2) Board members to serve on an adhoc committee with key staff members and consulting counsel for review of the Lake Berryessa Visitor Service Plan Draft Environmental Impact Statement (EIS);

THE BOARD APPOINTED SUPERVISORS DILLON AND LUCE

BD-MR-BW-DD-ML

2) Authorize the Committee to meet with Bureau of Reclamation to discuss the County’s concerns relative to the Draft EIS and report back to the Board; and

APPROVED REQUEST BW-BD-MR-DD-ML

3) Authorization for the Chair to sign letter to the Bureau of Reclamation requesting a

45-day extension of the comment deadline for the Draft EIS.

APPROVED REQUEST BW-BD-MR-DD-ML

Administrative Items

9A. Third reading and adoption of an ordinance #03453-ORD of the Board of Supervisors of the County of Napa making technical corrections to Chapters 1.24, 8.04, 18.08, and 18.124 and changes to Chapters 5.36 (Temporary Events) and 18.104 (Second Units, Guest Houses, and Winery Setbacks) of the Napa County Code.

ENVIRONMENTAL DETERMINATION: Categorical exemption pursuant to Class 5 (CEQA Guidelines Section 15303), Minor alterations to land use limitations.

ADOPTED ORDINANCE BW-MR-BD-DD-ML O-1233

10. Legislative Items.

NONE

11. Board of Supervisors’ Committee Reports and Announcements.

SUPERVISOR RIPPEY REPORTED THAT HE ATTENDED AN OPEN HOUSE LAST WEEK AT THE THERAPEUTIC CHILD CARE CENTER. HE STATED THE CENTER WAS CURRENTLY FULL AND THE CENTER HOPES TO EXPAND, SHOULD THEY BE SUCCESSFUL AT OBTAINING GRANT MONEY.

SUPERVISOR RIPPEY REPORTED THAT HE ATTENDED THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) MEETING LAST WEEK. HE STATED ONE OF THE TOPICS DISCUSSED WAS THE SPHERE OF INFLUENCE EXPANSION WITH THE CITY OF AMERICAN CANYON RELATIVE TO THE AGREEMENT THE COUNTY ENTERED INTO WITH AMERICAN CANYON. SUPERVISOR RIPPEY STATED THIS ISSUE IS SCHEDULED FOR A VOTE BY LAFCO AT THEIR MEETING OF FEBRUARY 26, 2004, AND THAT STAFF IS CURRENTLY WORKING ON THE APPLICATION OF California Environmental Quality Act (CEQA) GUIDELINES.

SUPERVISOR WAGENKNECHT REPORTED THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT (DISTRICT) MET WEDNESDAY, JANUARY 7, 2004 AND TOURED SOME OF THE LARGEST AIR POLLUTERS IN SAN FRANCISCO. HE STATED THAT ON JANUARY 14, 2004, THE DISTRICT IS SCHEDULED TO MEET TO REFINE THEIR LEGISLATIVE CALENDAR FOR THE YEAR AND REQUESTED INPUT FROM SUPERVISORS ON AIR POLLUTION IDEAS TO BE ADDED TO THE LEGISLATIVE CALENDAR.

SUPERVISOR DILLON REPORTED THAT THE LEGISLATIVE SUB-COMMITTEE MET ON JANUARY 12, 2004 AND WILL PRESENT A RECOMMENDATION TO THE BOARD AT THE JANUARY 20, 2004 MEETING.

SUPERVISOR DILLON DISTRIBUTED THE REGIONAL COUNCIL OF RURAL COUNTIES’ (RCRC) PROPOSED POLICY PRINCIPLES AND LEGISLATIVE PRIORITIES TO THE BOARD AND REQUESTED THEIR INPUT. SUPERVISOR DILLON STATED SHE INTENDS TO REQUEST RCRC EXPAND THEIR POLICIES ON INDIAN GAMING CASINOS AND STATED SHE WOULD APPRECIATE INPUT IN THAT AREA.

SUPERVISOR LUCE STATED HE WOULD BE REVIEWING RCRC’S WASTE ISSUES IN THE PROPOSED POLICY PRINCIPLES AND LEGISLATIVE PRIORITIES.

12. Board of Supervisors’ Future Agenda Items.

NONE

13. County Executive Officer Reports and Announcements.

WILLIAM CHIAT, COUNTY EXECUTIVE OFFICER, CONFIRMED THE DATE FOR THE JOINT MEETING WITH SOLANO AND SONOMA COUNTY BOARDS OF SUPERVISORS AS FRIDAY, MARCH 26, 2004. THE MEETING WILL BE HELD AT 3:30 P.M. IN THE NAPA LIBRARY. MR. CHIAT STATED THE AGENDA, WHICH IS

13. Continued

STILL BEING CREATED, WILL INCLUDE TOPICS SUCH AS INDIAN GAMING CASINOS, TRANSPORTATION, HEALTH AND HUMAN SERVICES PROGRAM DELIVERY AND THE BUDGET IN GENERAL.

MR. CHIAT REPORTED THAT ON FRIDAY, JANUARY 16, 2004, HE IS SCHEDULED TO ATTEND A MEETING WITH THE STATE DEPARTMENT OF FINANCE, THE CALIFORNIA STATE ASSOCIATION OF COUNTIES (CSAC) AND OTHER COUNTY ADMINISTRATORS TO REVIEW THE GOVERNOR’S PROPOSED BUDGET.

MR. CHIAT REPORTED THAT 91% OF THE STATE BUDGET IS SPENT IN THREE AREAS: 51% ON EDUCATION FOR GRADES K-12; 32% ON HEALTH AND HUMAN SERVICES; AND 7.5% ON YOUTH AND ADULT CORRECTIONS. HE FURTHER STATED THAT 92% OF THE STATE’S GENERAL FUND COMES FROM THREE SOURCES: 49.8% PERSONAL INCOME TAXES; 33% SALES TAX; AND 10% BANK AND CORPORATE TAXES.

MR. CHIAT REPORTED ON THE EDUCATION REVENUE AUGMENTATION FUNDS (ERAF) SHIFT AND HOW THAT WOULD IMPACT NAPA COUNTY BY APPROXIMATELY $3.9 MILLION. HE STATED THIS IS A PERMANENT REDUCTION IN THE COUNTY’S DISCRETIONARY GENERAL FUND.

MR. CHIAT COMMENTED THAT THIS IS JUST THE FIRST DRAFT OF THE BUDGET AND THERE ARE LIKELY TO BE MANY REVISIONS BETWEEN NOW AND THE TIME THE BUDGET IS ADOPTED. HE ADDED THERE ARE SEVERAL POTENTIAL LOSSES FOR THE COUNTY IN THE AREAS OF ADMINISTRATION OF JUSTICE FOR MENTAL HEALTH SERVICES WITHIN PROBATION ($550,000), JUVENILE JUSTICE PROGRAMS ($60,000), AND BOOKING FEES ($150,000).

MR. CHIAT ALSO COMMENTED ON POTENTIAL IMPACTS TO IN-HOME SUPPORTIVE SERVICES, MEDICAL, WILLIAMSON ACT FUNDING AND PROPOSITION 42 FUNDING FOR LOCAL STREET AND ROAD REHABILITATION.

SUPERVISOR RIPPEY REQUESTED THAT A TOPIC FOR DISCUSSION AT THE JOINT COUNTY BOARD OF SUPERVISORS’ MEETING INCLUDE A SHARING OF STRATEGIES BY THE THREE COUNTIES ON HOW EACH ARE DEALING WITH

THE CHALLENGES OF THE BUDGET.

14. Closed Session.

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Government Code Section 54956.9 (a))

Name of case: Jorge Deharo, Hector Olvera, Latinos Unidos de Napa, an Unincorporated Association v. County of Napa et. al. (Case No. 26-22255)

CLOSED SESSION NOT HELD

B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9:

(One case)

CLOSED SESSION HELD – NO REPORTABLE ACTION

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

JANUARY 20, 2004 AT 9:00 A.M.

_____________________________________

MARK LUCE, Chairperson

ATTEST: _____________________________________

PAMELA MILLER, Clerk of the Board

KEY

Vote: ML = Mark Luce; DD = Diane Dillon; BD = Bill Dodd; MR = Mike Rippey; BW = Brad Wagenknecht

The maker of the motion and second are reflected respectively in the order of the recorded vote.

Notations under Vote: N = No; X = Excused; A = Abstain