MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

February 18, 2003

1. Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, FEBRUARY 18, 2003 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRPERSON BRAD WAGENKNECHT, SUPERVISORS BILL DODD, MIKE RIPPEY, MARK LUCE AND DIANE DILLON. THE MEETING WAS CALLED TO ORDER BY CHAIR WAGENKNECHT AT 9:01 A.M.

2. Pledge of Allegiance.

LIBRARY COMMISSIONER TOM FEUTZ LED THE SALUTE TO THE FLAG.

3. Public Comment.

NONE

4. Department Heads’ Reports and Announcements.

NONE

Consent Calendar

5. Director of Child Support Services requests the following actions:

A. Approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4589 with Print n’ Mail, Inc. to include electronic payment processing, at no cost to the County; and A-4589

(AMEND. 1)

B. Authorization for the Director to sign the following amendments to agreements with the California Department of Child Support Services, extending the term through June 30, 2003:

i) Amendment No. 1 to the Plan of Cooperation; and

ii) Amendment No. 3 to the Annual Automation Cooperation Agreement.

6. Auditor-Controller requests the Board accept and instruct the Clerk of the Board to file the following Audit Reports:

A. County Executive Office for the fiscal year ended June 30, 2001; and

B. Auditor-Controller’s Office for the fiscal year ended June 30, 2000.

(Reports on file with the Clerk of the Board)

7. Auditor-Controller requests the Board accept and instruct the Clerk of the Board to file the Follow-up Letter for the Information Technology Services Division for the fiscal year ended June 30, 2001. (Copy on file with Clerk of the Board)

8. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 3236 with Queen of the Valley Hospital through its HIV Network Program, to expressly incorporate the provisions of the state grant agreement governing the Ryan White Comprehensive AIDS Resources Emergency (CARE) Program.

A-3236

9. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4149 with Alternatives for Better Living, Inc. increasing the amount by $1,250 for a new maximum of $1,750 to provide more units of group counseling services for clients of the children’s programs. A-4149

(AMEND. 1)

10. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4497 with Chileda Habilitation Institute, Inc. increasing the amount by $2,604 for a new maximum of $40,992 to provide residential day treatment services to clients in the Children's Behavioral Health Program. A-4497

(AMEND. 1)

11. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements regarding the Substance Abuse Treatment Options Program (S.T.O.P):

A. Amendment No. 1 to Agreement No. 4675 with Community Action of Napa Valley, Inc. increasing the cost for drug testing from $10 to $15; and A-4675

(AMEND. 1)

B. Agreement with Alternatives for Better Living, Inc. for a maximum of $20,000 for the term January 1, 2003 through June 30, 2003. A-4924

12. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 3 to Agreement No. 3592 with St. Helena Hospital decreasing the number of dedicated inpatient beds.

SUPERVISOR LUCE ABSTAINED FROM THIS ITEM.

A-3592

(AMEND. 3)

13. Director of Public Works requests approval of and authorization for the Chair to sign an agreement with Empire Elevator, Inc. for a maximum of $33,347 for the term July 1, 2002 through June 30, 2003 for elevator equipment maintenance. A-4923

14. Director of Public Works requests approval of the following actions relating to the 2050 Napa

Valley Water Resources Study:

A. Approval of Budget Transfer No. 72 transferring $7,750 within the Capital Improvement budget unit to fund the additional cost for the County’s portion of the study; and

(4/5 Vote Required) BT-72

B. Authorization for Chair to sign the Agreement to Fund and Complete the 2050 Napa Valley Water Resources Study for a maximum cost to the County of $63,750, commencing on March 3, 2003 or after “Agreement” is signed by Flood Control and Water Conservation District, Cities, and Sanitation District, and terminating on June 30, 2004.

A-4927

HELD FOR DISCUSSION

APPROVED REQUEST DD-BD-MR-ML-BW

15. Director of Public Works requests authorization for the Chair to sign Certificates of Acceptance for the following Easement Deeds required for the Lewelling Outfall Project:

A. Darcel C. Chaix and Denise Chaix Wiig, Assessors Parcel No. 030-240-015;

B. William L. Bartolucci and Ardyth A. Bartolucci, Assessors Parcel

No. 030-240-016;

C. City of St. Helena, Assessors Parcel Nos. 030-240-009 and 030-240-013; and

D. Napa Valley Wine Train, Inc., Assessors Parcel No. 009-120-027.

16. Director of Public Works requests acceptance of the work as complete and authorization for the Chair to sign and file a Notice of Completion with the Clerk/Recorder for Contract No. PW 02-05, “Napa County Hall of Justice, Historical Court House and Library HVAC Replacement Project.”

17. Director of Public Works requests adoption of a resolution temporarily closing portions of Silverado Trail, Oak Knoll Avenue, Big Ranch Road and El Centro Avenue from

7:00 A.M. to 12:30 P.M. on Sunday, March 2, 2003 for the running of the Napa Valley Marathon.

R-03-24

18. Human Resources Director requests adoption of a resolution revising the class specification for Behavioral Health Care Manager–Mental Health and Substance Abuse, effective February 18, 2003. R-03-25

19. Human Resources Director requests adoption of a resolution amending the Management Compensation Plan with regard to compensation and benefits, effective February 18, 2003.

REMOVED FROM THE AGENDA

20. Human Resources Director requests adoption of a resolution with regard to the following, effective February 18, 2003:

A. Amend the Departmental Allocation List and Table and Index for the Health and Human Services Agency; and

B. Approve the revised class specification for Chief Fiscal Officer. (Details on file with the Clerk of the Board)

R-03-26

21. Human Resources Director and Assessor/Recorder-Clerk requests the following actions:

A. Approval of Budget Transfer No. 71 transferring $312,331 from the Property Tax Administration and $80,975 from the Recorder Modernization trust funds to Assessor ($21,950), Treasurer-Tax Collector ($11,800) and Information Technology Services ($322,618); BT-71

B. Adoption of a resolution amending the Departmental Allocation List with regard to adding an Appraiser Aide-Limited Term (LT) to the Assessor Division of the Assessor/Recorder-County Clerk Department, effective March 1, 2003; R-03-27

C. Authorization for Information Technology Services Director to enter into a Professional Services Agreement with Dell Computer Corporation for the training and configuration of the Image Storage Hardware at an amount not to exceed $12,000; and

D. Establishment of the following fixed assets in the Information Technology Services Budget: Storage Area Network ($210,000) and Servers (3) ($40,975).

(4/5 Vote Required)

22. Information Technology Services Director requests authorization to purchase training from Information Discovery Systems, Inc. for the Permits Plus application software, at a cost not to exceed $5,300.

23. Library Director requests approval of and authorization for the Chair to sign a five-year maintenance agreement with Checkpoint Systems, Inc. for a total of $25,967 for the term October 10, 2002 through October 10, 2007 for the Checkpoint Intelligent Library System in the American Canyon Library.

REMOVED FROM THE AGENDA

24. Regional Training Employment Coordinator requests approval of and authorization for the Chair to sign an agreement with the Marin County Department of Health and Human Services for a maximum amount of $398,124 for the term October 1, 2002 through September 30, 2003 to implement Projects INCLUSION and DEVELOP for people with disabilities seeking employment. A-4925

25. Regional Training Employment Coordinator requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4643 with the State of California, Employment Development Department, extending the term to February 28, 2003 to complete the regional occupational outlook and training directory. A-4643

(AMEND. 1)

26. Acting County Executive Officer requests appointment of the following applicants to serve on the Napa County Farmworker Housing Oversight Committee:

Applicants Representing Term Expires

Margaret Duckhorn Napa Valley Vintners’ Association September 30, 2003

Volker Eisele Napa Valley Grape Growers’ Association September 30, 2005

Patrick J. Garvey* Citizen At Large September 30, 2005

Bill Savidge* City of St. Helena September 30, 2005

Rosa Segura* Farmworker Committee September 30, 2005

*Incumbents

27. Acting County Executive Officer/Director of Emergency Services requests adoption of a resolution extending the Proclamation of Local Emergency declared on December 16, 2002

R-03-28

28. Acting County Executive Officer/Purchasing Agent requests authorization to declare certain pieces of furniture 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.)

29. Discussion of items removed from the Consent Calendar.

NUMBER 14 WAS HELD FOR DISCUSSION.

NUMBERS 19 AND 23 WERE REMOVED FROM THE AGENDA.

APPROVED CONSENT CALENDAR 5 THROUGH 28,WITH EXCEPTIONS AS NOTED ABOVE. ML-MR-BD-DD-BW

Set Matters

30. 9:05 A.M. - Library Commissioner Tom Feutz to present a status report on the Napa City-County Library.

STATUS REPORT PRESENTED

31. 9:15 A.M. – Director of Child Support Services to discuss the Department’s status and request

Board support of State efforts to gain federal approval for re-investing imposed federal penalties in the child support system.

APPROVED REQUEST

STAFF WILL PREPARE A LETTER OF SUPPORT FOR APPROVAL BY THE BOARD.

32. 9:30 A.M. - Board of Supervisors meeting as a Board of Equalization.

(SEE BOARD OF EQUALIZATION MINUTES)

33. 10:00 A.M. - Auditor-Controller and Bartig, Basler & Ray, Certified Public Accountants, to present Audit Reports and Management Letter for Fiscal Year 2001-2002. (Reports on file with the Clerk of the Board)

AUDIT REPORTS PRESENTED

ACCEPTED REPORTS ML-MR-BD-DD-BW

34. 10:30 A.M. - Housing Director requests discussion and possible action relating to:

A. Approval of and authorization for the Chair to sign an agreement between the County of Napa, City of Napa, City of St. Helena, and the Town of Yountville creating a joint housing trust fund board known as the "Community Affordable Housing Advisory Board," and A-4926

B. Adoption of a resolution (1) dissolving the Napa County Housing Trust Fund Board and replacing it with the Community Affordable Housing Advisory Board, and (2) confirming the appointment of Supervisors Dodd and Wagenknecht to serve as members of the Community Affordable Housing Advisory Board. R-03-29

APPROVED REQUESTS BD-ML-MR-DD-BW

35. 11:00 A.M. - Discussion and possible action regarding:

A. The failure of the Pringle Erosion Control Plan (ECP No. 99117) which resulted in erosion and sedimentation into the Friesen Lakes, and

B. Possible corrective measures, including authorization for the Chair to sign an agreement (AUD-5541) with Levine-Fricke ( LFR) increasing the amount by $7,088 for a new maximum of $17,000 for additional inspection services related to the erosion control improvements.

DISCUSSION COMMENCED AND WAS CONTINUED TO APPROXIMATELY 2:00 P.M.

BD-DD-MR-ML-BW

STAFF ADVISED THE BOARD THAT THE SCOPE OF SERVICES OUTLINED IN EXHIBIT “A” OF THE LEVINE-FRICKE (LFR) AGREEMENT HAS BEEN REDUCED SIGNIFICANTLY (TO UNDER $10,000), WHICH ALLOWS THE DIRECTOR OF THE CONSERVATION, DEVELOPMENT & PLANNING DEPARTMENT TO ENTER INTO THE LFR AGREEMENT ON BEHALF OF THE COUNTY.

35. Continued

STAFF FURTHER ADVISED THAT THE APPLICANT HAS AGREED TO REIMBURSE THE COUNTY FOR THE COSTS OF THE SERVICES PROVIDED BY LFR.

SUBSEQUENT TO LFR’S SERVICES BEING COMPLETED, A REVISED EROSION CONTROL PLAN WILL BE PROVIDED TO THE BOARD WITHIN (45 TO 60 DAYS).

36. 1:30 P.M. - Recess to the Napa County Flood Control and Water Conservation District meeting.

(SEE NAPA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT MINUTES)

Regular Calendar

37. District Attorney requests the following actions pertaining to a California Office of Criminal Justice Planning three-year cycle Elder Abuse grant:

A. Approval of and authorization for District Attorney to sign a grant application in the amount of $120,000 for the first term beginning April 1, 2003 through

March 31, 2004; and

B. Adoption of a resolution in support of the District Attorney’s grant application.

ADOPTED RESOLUTION BD-DD-MR-ML-BW R-03-30

38. Discussion and possible action regarding legislation.

CHAIRMAN WAGENKNECHT ADVISED THAT HE RECEIVED AN E-MAIL FROM THE CALIFORNIA STATE ASSOCIATION OF COUNTIES REQUESTING THE BOARD SEND A THANK YOU LETTER TO THE LEGISLATORS FOR THEIR SUPPORT REGARDING THE VEHICLE LICENSE FEES.

39. Board of Supervisors’ Committee Reports and Announcements.

SUPERVISOR DODD REPORTED ON THE FOLLOWING:

· A SUBCOMMITTEE OF THE NAPA COUNTY TRANSPORTATION PLANNING AGENCY AND THE SOLANO TRANSIT AUTHORITY MET TO DISCUSS THE HIGHWAY 12/JAMIESON CANYON PROJECT AND THE POTENTIAL FOR THE GOVERNOR TO TAKE AWAY $7 MILLION IN FUNDING ALREADY EARMARKED FOR THIS PROJECT.

· IN ADDITION, THE SUBCOMMITTEE RECEIVED A PRESENTATION ON THE RAIL STUDY, WHICH WILL BE AGENDIZED FOR A FUTURE BOARD OF SUPERVISORS’ MEETING.

39. Continued

SUPERVISOR LUCE REPORTED THAT ON HIS RECENT TRIP TO WASHINGTON, D.C., HE MET WITH STAFF MEMBERS FROM THE SENATE APPROPRIATION’S COMMITTEE REGARDING FUNDING. THIS YEAR THE COUNTY RECEIVED $9 MILLION OF THE $15 MILLION REQUESTED. THE COUNTY REQUESTED $24 MILLION FOR USE NEXT YEAR, AND THE PRESIDENT CURRENTLY HAS $7.5 MILLION IN THE BUDGET.

40. Board of Supervisors’ Future Agenda Items.

NONE

41. Closed Session regarding:

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

Name of case: Steve Tibbetts vs. County of Napa (WCAB No. SFO 450581)

CLOSED SESSION HELD

THE BOARD SETTLED THE ABOVE-MENTIONED CASE IN THE AMOUNT OF $28,500.

B. CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6):

Agency negotiator: Charla Freckmann, Personnel Director

Unrepresented employees: Non-Classified, Management and Confidential

Employees (Excluding Elected Officials)

CLOSED SESSION HELD – NO REPORTABLE ACTION.

C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government

Code Section 54956.8)

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

Negotiating parties: John L. Miller and Linda S. Miller, Trustees of the John L.

Miller and Linda S. Miller Revocable Trust and County of Napa

Under negotiation: Price and terms of payment

CLOSED SESSION HELD – NO REPORTABLE ACTION.

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

FEBRUARY 25, 2003 AT 9:00 A.M.

BRAD WAGENKNECHT, Chairperson

ATTEST:

MICHELLE PRICE, Deputy Clerk of the Board

KEY

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

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