MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

May 20, 2003

1. Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, MAY 20, 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 9:03 A.M.

SUPERVISOR DODD WAS EXCUSED FROM ITEM 49 THROUGH THE REMAINDER OF THE MEETING EXCLUDING REGULAR CALENDAR ITEMS HELD EARLIER IN THE DAY.

2. Pledge of Allegiance.

WANDA KENNEDY, AIRPORT MANAGER, LED THE SALUTE TO THE FLAG.

3. Public Comment.

NONE

4. Department Directors’ Reports and Announcements.

NONE

Consent Calendar

5. Chief Probation Officer requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4855 with Community Action of Napa Valley, Inc., increasing the amount by $32,000 for a new maximum of $52,000 for provision of supportive, culturally based, gender-specific mentoring support groups and activities that target at-risk youth in the Youth and Family Resource Network Program. A-4855

(AMEND. 1)

6. District Attorney requests authorization to sign the following grant applications with the Office of Criminal Justice Planning for the term beginning July 1, 2003 through June 30, 2004:

A. Statutory Rape Vertical Prosecution Program, in the amount of $111,875, to provide vertical prosecution of statutory rape crimes; and

B. Violence Against Women Vertical Prosecution Program, in the amount of $91,182, to provide vertical prosecution of domestic violence crimes.

7. District Attorney and Chief Probation Officer request the following actions related to the State Victim Compensation and Government Claims Board Program to track restitution claims filed by crime victims:

A. Adoption of a resolution authorizing the District Attorney and the Chief Probation Officer to enter into restitution contracts with the State of California; and R-03-86

7. Continued

B. Approval of and authorization for the District Attorney and the Chief Probation Officer to each sign agreements for a maximum of $65,543 and $33,208 respectively for the term July 1, 2003 through June 30, 2004.

8. Sheriff requests authorization for out of state travel for Lt. John Robertson, Sgt. Tracey Stuart, and members of the Sheriff's Activities League Bike Team to attend the following National Championship Mountain Bike Races at no cost to the County:

A. June 11-16, 2003, Snowshoe Mountain, West Virginia;

B. July 24-28, 2003, Sandpoint, Idaho; and

C. August 12-19, 2003, Durango, Colorado.

9. Sheriff requests authorization to sign a grant application with the Office of the Criminal Justice Planning (OCJP), Title II Delinquency Prevention and Intervention for a maximum amount of $200,000 for the term July 1, 2003 through June 30, 2004, to provide funding for the Napa County Sheriff’s Activities League (S.A.L.) Program serving at risk youth.

10. Sheriff requests the approval of Budget Transfer No. 97 transferring $26,067 within the Sheriff’s Department budget and establishing a fixed asset for the purchase of tower transmission equipment. (4/5 vote required) BT-97

11. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of revenue Agreement No. 3897A with the California Department of Health Services for a maximum of $2,400,000 for the term July 1, 2003 through June 30, 2006 to fund Medi-Cal Administrative Activities. A-3897A

12. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following amendments with the California Department of Health Services increasing the amount by $2,779 for a new maximum of $682,873 for the provision of the Evaluating Local Interventions (ELI) Program:

A. Amendment No. 4 to Agreement No. 3409, a Master Grant Agreement; and

A-3409

(AMEND. 4)

B. Amendment No. 1 to Agreement No. 4873, the Evaluating Local Interventions Memorandum of Understanding. A-4873

(AMEND. 1)

13. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 3579 with the California Department of Alcohol and Drug Programs increasing the FY 2002-2003 allocation by $51,898 for a new maximum of $1,308,112. A-3579

(AMEND. 1)

14. Director of Health and Human Services requests approval of and authorization for the Chair to

sign the following amendments regarding mental health services for uninsured clients:

A. Amendment No. 1 to Agreement 4141 with St. Helena Hospital increasing the amount by $16,000 for a new maximum of $32,000; and A-4141

(AMEND. 1)

B. Amendment No. 1 to Agreement 4142 with St. Helena Hospital, dba California Specialty Hospital, increasing the amount by $68,000 for a new maximum of $128,000.

A-4142

(AMEND. 1)

SUPERVISOR LUCE ABSTAINED FROM THIS ITEM.

15. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following amendments regarding alcohol and drug early intervention services:

A. Amendment No. 1 to Agreement 4199 with Alternatives for Better Living, Inc., adding

reporting requirements of the contractor; and A-4199

(AMEND. 1)

B. Amendment No. 1 to Agreement 4205 with Community Action of Napa Valley, Inc., modifying the scope of work and adding reporting requirements of the contractor.

A-4205

(AMEND. 1)

16. Director of Health and Human Services requests approval of and authorization for the Chair to sign an agreement with the University of California, San Francisco for the term May 27, 2003 through August 15, 2003 for a maximum of $1,200 per student to provide stipends for fieldwork performed at the Health and Human Services Agency. A-6000

17. Director of Health and Human Services requests approval of and authorization for the Chair to sign an agreement with the California Department of Mental Health for the term July 1, 2002 through June 30, 2003 establishing the County’s state hospital bed purchase and usage for this fiscal year. A-6001

18. Director of Health and Human Services requests approval of and authorization for the Chair to sign an agreement with Sharon Harp, MFCC, for a maximum of $1,000 for the term April 1, 2003 through June 30, 2003 to provide counseling services in the Substance Abuse Treatment Options Program (STOP). A-6002

19. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following Business Associate Agreements setting forth the terms and conditions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule:

A. Community Health Clinic Ole; A-6003

B. Judy Frendo, MFT; A-6004

C. Napa Solano Head Start; A-6005

D. Michael Shifflett, M.D.; and A-6006

E. Nina Woods, Ph.D. A-6007

20. Director of Health and Human Services requests approval of the following actions regarding the Napa County Citizens’ Review Panel:

A. Acceptance of a grant from the Office of Child Abuse Prevention in the amount of $10,000; and

B. Budget Transfer No. 92 increasing appropriations by $10,000 with offsetting revenue in the Social Services budget. (4/5 vote required) BT-92

21. Director of Conservation, Development and Planning requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 4826 with Nichols-Berman Environmental Planners for the revised Montalcino at Napa Valley Project Environmental Impact Report (EIR) increasing the amount by $69,620 for a new maximum of $142,860 and an additional scope of work to prepare: 1) Revisions to the Draft EIR; 2) A revised response to comments; and 3) Budget for consultant attendance at public hearings. A-4826

(AMEND. 2)

22. Director of Public Works requests adoption of a resolution certifying that the total centerline mileage of maintained County roadways is 445.76 miles in accordance with the provisions of Section 2121 of the California Streets and Highway Code. R-03-87

23. Director of Public Works requests adoption of a resolution temporarily closing a portion of Silverado Trail from Brannan Street in Calistoga to State Route 128 (Conn Creek) from 7:00 A.M. to 8:30 A.M. on Sunday, June 15, 2003 for the “Roll Through the Wine Country”, the Calistoga to Napa Road Skate. R-03-88

24. Director of Public Works requests approval of plans and specifications for the “Property Fence at Yountville Maintenance Yard Project,” RDS 03-05, authorization to advertise for bids and setting 3:30 P.M. on June 19, 2003 for the opening of sealed bids.

25. 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. 4914-03, “Milliken Creek Bank Stabilization and Sewer Line Repair Project.”

26. 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 02-24, “Progress Place Program Interior Painting.”

27. Director of Public Works requests the following actions in relation to the “Historic Courthouse Renovation and Criminal Courts Building Office Remodel Project,”

PW 02-20:

A. Approval of Budget Transfer No. 96, appropriating $502,340 in the Capital Improvement budget for a total cost of $3,340,840; (4/5 vote required) and BT-96

B. Award of the contract for the “Historic Courthouse Rehabilitation and Criminal Courts Office Remodel Project,” PW 02-20, to John F. Otto, Inc., of Sacramento, California, for their low bid of $2,636,100 and authorization for the Chair to sign the construction contract.

28. Director of Public Works requests approval of and authorization for the Chair to sign Amendment No. 3 to Agreement No. 4719 with Reinard W. Brandley, Consulting Airport Engineer, increasing the amount by $25,795 for a new maximum of $316,295 with no change to the term which is extended from year to year for heliport redesign. A-4719

(AMEND. 3)

29. Director of Public Works requests approval of and authorization for the Chair to sign an agreement with Edd Clark Associates for the term May 20, 2003 through June 30, 2004 for a maximum of $49,200 for the development of work plans for the cleanup of former underground storage tank sites. A-6008

30. Director of Public Works requests approval of and authorization for the Chair to sign a Lease Agreement with F & F Soscal Associates for the term July 1, 2003 through June 30, 2007 for office space at 1710 Soscol Avenue for the Napa County Agricultural Commissioner and U.C. Cooperative Extension at a monthly cost of $19,553, and for Family Court Services at a monthly cost of $3,188. A-6009

31. Director of Public Works requests approval of and authorization for the Chair to sign an agreement with Emil Meyers Construction, Inc. for the term May 20, 2003 through July 30, 2003 for a maximum of $15,620 for removal of moss from the north side of the Administration Building. A-6010

32. Director of Public Works requests authorization for the Chair to execute a Substitution of Trustee and Request for Reconveyance associated with the deed of trust recorded on January 31, 1997 as document 1997-002357 in Official Records of Napa County.

33. Director of Public Works/Aviation requests approval of and authorization for the Chair to sign an agreement with Terrance E. Lowell & Associates, Inc. for a maximum of $6,180 for the term May 20, 2003 through August 31, 2003 to prepare the 2003/04 annual assessments related to County Service Area No. 3 (CSA 3). A-4753

34. Local Enforcement Agency Manager requests adoption of resolution authorizing application to the California Integrated Waste Management Board for a solid waste Enforcement Assistance Grant in the amount of $18,400 and authorization for the Assistant County Executive Officer to execute the required documents. R-03-89

35. County Executive Officer requests adoption of a resolution with regard to the following, effective May 20, 2003:

A. Amend the Table and Index and the Departmental Allocation List with regards to the

Public Works Department; and

B. Approve the new class specification for Program Manager – Land Use/Transportation Coordinator. (Details on file with the Clerk of the Board)

R-03-90

36. County Executive Officer requests the adoption of a resolution amending the Departmental Allocation List for the Health and Human Services Agency with regards to adding (1) Public Health Nurse Limited Term (LT) position funded through January 31, 2004, effective May 24, 2003. R-03-91

37. County Executive Officer requests approval of and authorization for the Chair to sign an agreement with Berryessa Trails and Conservation for a maximum of $10,000 for the term May 20, 2003 through September 30, 2003, to develop and provide outreach activities regarding trails and recreational plans for the Lake Berryessa area. A-6011

38. County Executive Officer requests adoption of Retirement Resolution No. 03-82 for Jo Ann Bergmans, Senior Account Clerk, in recognition of over 16 years of service.

R-03-82

39. County Executive Officer requests approval to call a Special Meeting of the Board of Supervisors, pursuant to Government Code Section 54956, to be held Monday, June 2, 2003 at 9:00 a.m. in the Board of Supervisors’ Meeting Room located in the County Administration Building, 1195 Third Street, Room 305, Napa, California, to hold a budget study session.

40. County Executive Officer requests appointment of James B. Henry as a nominee for a Public at Large position on the Community Affordable Housing Advisory Board.

41. County Executive Officer/Purchasing Agent requests authorization to declare certain items of personal property as surplus, no longer required for public use, and dispose of them at public auction. (Complete list on file with the Clerk of the Board)

42. Approve minutes of Board of Supervisors’ meetings of May 6, January 21, January 14, January 10 and January 8, 2003.

43. Discussion of items removed from the Consent Calendar.

NONE

APPROVED CONSENT CALENDAR ITEMS 5 THROUGH 42.

BD-ML-MR-DD-BW

Set Matters

44. 9:15 A.M. - PUBLIC HEARING - Appeal filed by Jay V. Hanson to a decision by the Director of Public Works to deny a Lot Line Adjustment filed by Phoebe C. Dinsdale and Jay V. Hanson for the property located at 2873 and 2877 Redwood Road. (Assessor’s Parcel Nos. 041-110-027 and 041-110-028)

(CONTINUED FROM AUGUST 6, AUGUST 27, AND NOVEMBER 5, 2002; AND

JANUARY 7 AND MARCH 4, 2003; APPELLANT REQUESTS WITHDRAWAL

OF THE APPEAL)

PUBLIC HEARING HELD

THE BOARD ACCEPTED WITHDRAWAL OF THE APPEAL.

MR-BD-ML-DD-BW

45. 9:15 A.M. - PUBLIC HEARING – Appeal filed by Norbert J. Dickman to a decision by the Director of Public Works to approve a Lot Line Adjustment application of the lands of James Creek Vineyards, LLC.

(CONTINUED FROM SEPTEMBER 24, OCTOBER 22 AND DECEMBER 10,

2002, JANUARY 14 AND FEBRUARY 11, 2003)

PUBLIC HEARING HELD

PUBLIC HEARING CONTINUED TO JUNE 24, 2003 AT 9:15 A.M.

MR-BD-ML-DD-BW

46. 9:20 A.M. - PUBLIC HEARING - Appeal filed by Joseph F. Barletta and D. Michael Enfield to a

decision by the Director of Public Works to approve a Lot Line Adjustment of the lands of Lyle E. and Jean M. Schafer and Silverado Owners Association. (CONTINUED FROM NOVEMBER 12 AND DECEMBER 10, 2002 AND JANUARY 7, 2003)

PUBLIC HEARING HELD

THE BOARD ACCEPTED WITHDRAWAL OF THE APPEAL.

MR-BD-ML-DD-BW

47. 9:20 A.M. - PUBLIC HEARING - Appeal filed by Douglas N. Smith, Esq., on behalf of William E. Prather, to a decision by the Director of Public Works to approve a Lot Line Adjustment filed by Donald A. Huntington, et. al., for the property located at 2186 Monticello Road (Assessor’s Parcel Nos. 061-040-004; 061-040-005 and 061-170-003).

PUBLIC HEARING HELD

THE BOARD ACCEPTED WITHDRAWAL OF THE APPEAL.

BD-ML-MR-DD-BW

48. 9:30 A.M. - Board of Supervisors meeting as a Board of Equalization.

(SEE BOARD OF EQUALIZATION MINUTES)

49. 11:30 A.M. - Recess for tour and luncheon at the new Napa County Animal Shelter located at 942 Hartle Court, Napa.

RECESSED TO TOUR AND LUNCHEON.

50. 1:30 P.M. - Recess to the Napa County Flood Control and Water Conservation District meeting.

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

51. 2:00 P.M. - PUBLIC HEARING - Consideration and possible action regarding an appeal filed by Kevin Block, on behalf of his clients Susan and Lonen Curtis to a decision made by the Conservation, Development and Planning Department (the “Department”) on October 16, 2002 approving an Erosion Control Plan Structural No. 02461-ECPS (A Modification to ECPS No. 98241-ECPS) for Kenneth and Susan Viney for land disturbing and earthmoving activities associated with the final construction of the lower driveway (“Phase 1”) on two parcels totaling 51.04 acres located on the west side of Soda Canyon Road, approximately 4.35 miles north of its intersection with Silverado Trail in an Agricultural Watershed (AW) Zoning District. (Assessor’s Parcel Nos. 032-090-014 and 032-060-025)

(CONTINUED FROM JANUARY 28, FEBRUARY 25 AND APRIL 22, 2003;

APPLICANT/APPELLANT HAVE REQUESTED CONTINUANCE; STAFF

REQUESTS CONTINUANCE TO JULY 8, 2003 AT 10:00 A.M.)

PUBLIC HEARING CONTINUED TO JULY 8, 2003 AT 10:00 A.M.

DD-ML-BD-MR-BW

X

52. 3:00 P.M. – PUBLIC HEARING – First reading and intention to adopt an ordinance amending certain provisions of Title 17 of the Napa County Code redefining what constitutes a legal parcel for purposes of development and modifying procedures relating to conditional and expedited certificate of compliance process and lot line adjustments.

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)].

PUBLIC HEARING HELD

TITLE READ

THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.

DD-MR-BD-ML-BW

X

THE BOARD DECLARED INTENT TO ADOPT THE ORDINANCE.

DD-ML-BD-MR-BW

X

53. 3:15 P.M. - PUBLIC HEARING - First reading and intention to adopt an ordinance amending Napa County Code by adding a new Chapter 3.06 relating to low-value escape assessments.

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)].

PUBLIC HEARING HELD

TITLE READ

THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.

DD-ML-BD-MR-BW

X

THE BOARD DECLARED INTENT TO ADOPT THE ORDINANCE.

ML-DD-BD-MR-BW

X

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

THE COUNTY EXECUTIVE OFFICER ANNOUNCED THE COMMITTEE DID NOT MEET AND THERE IS NO REPORT.

55. Board of Supervisors’ Committee Reports and Announcements.

SUPERVISOR DODD REPORTED ON ATTENDING THE SILVERADO COMMUNITY SERVICES DISTRICT MEETING FRIDAY, MAY 16, 2003 AND RECOGNIZED KIM HENDERSON, NAPA COUNTY PUBLIC WORKS DEPARTMENT, FOR HER WORK WITH THE DISTRICT.

SUPERVISOR DODD READ THE NAPA COUNTY MOSQUITO ABATEMENT DISTRICT BALLOT MEASURE REGARDING A PROPOSED BENEFIT ASSESSMENT DISTRICT AND COMPLIMENTED COUNTY STAFF AND MEMBERS OF THE DISTRICT ON THE CLARITY OF THE BALLOT.

SUPERVISOR RIPPEY AND CHAIRMAN WAGENKNECHT BOTH RECEIVED CALLS FROM CONSTITUENTS CONCERNED ABOUT THE POTENTIAL TAX INCREASE ASSOCIATED WITH THE MOSQUITO ABATEMENT PROPOSED BENEFIT ASSESSMENT DISTRICT.

SUPERVISOR DILLON REPORTED THE REGIONAL COUNCIL OF RURAL COUNTIES HELD ITS ANNUAL MEETING LAST WEEK, AND THE MEMBERS WERE FAVORABLY IMPRESSED WITH NAPA COUNTY. IN ADDITION, THE COUNTY OF NAPA SPONSORED AN EVENT ENTIRELY DONATED BY LOCAL BUSINESSES AND SUPERVISOR DILLON THANKED PAT GRISHAM OF THE COUNTY EXECUTIVE OFFICE FOR HER COORDINATION OF THE EVENT AS WELL AS PATRICK LOWE, DEPUTY DIRECTOR OF THE CONSERVATION, DEVELOPMENT & PLANNING DEPARTMENT FOR HIS PRESENTATION.

CHAIRMAN WAGENKNECHT REPORTED ON THE MAY 14, 2003 TRIP TO SACRAMENTO, ALONG WITH APPROXIMATELY 25 OTHERS, REGARDING THE GOVERNOR’S MAY 14, 2003 STATE BUDGET REVISE. HE ACKNOWLEDGED THE POSITIVE RESULTS OF THE TRIP AND STATED NAPA COUNTY WAS WELL SERVED AS A RESULT. IN ADDITION, CHAIRMAN WAGENKNECHT REPORTED THE MEETING WITH THE STATE OF CALIFORNIA HOUSING & COMMUNITY DEVELOPMENT (HCD) WAS POSITIVE.

SUPERVISOR RIPPEY CONFIRMED WITH CHAIRMAN WAGENKNECHT THAT THE COUNTY INVITED THE HCD DEPUTY DIRECTOR TO SPEAK AT A FUTURE MEETING OF THE NAPA COUNTY LEAGUE OF GOVERNMENTS.

56. Board of Supervisors’ Future Agenda Items.

NONE

57. Closed Session: None scheduled.

REFER TO SUPPLEMENTAL AGENDA.

Supplemental Agenda

Closed Session regarding:

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION

(Government Code Section 54956.9(c)) (One case)

CLOSED SESSION HELD

THE BOARD UNANIMOUSLY AGREED NOT TO INITIATE LITIGATION AGAINST THE SIERRA CLUB AND AGREED TO SIGN THE SETTLEMENT AGREEMENT INVOLVING THE ATWATER APPEAL.

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ SPECIAL MEETING, MONDAY,

JUNE 3, 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

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