MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

June 3, 2003

1. Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, JUNE 3, 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.

2. Pledge of Allegiance.

PAM KINDIG, AUDITOR-CONTROLLER, LED THE SALUTE TO THE FLAG.

3. Public Comment.

MR. HERBERT FORD REPORTED ON THE COMMUNITY CLEAN-UP DAY THAT OCCURRED IN ANGWIN ON JUNE 1, 2003 AND THANKED THE ENVIRONMENTAL MANAGEMENT DEPARTMENT FOR THEIR EFFORTS. HE ALSO THANKED JACKIE BERTAINA, AMY GARDEN AND JOHN KARA, OF THE ENVIRONMENTAL MANAGEMENT DEPARTMENT.

MR. FORD ALSO THANKED BOB PETERSON, LANCE HEIDE AND THE PUBLIC WORKS DEPARTMENT FOR THE IMPROVEMENT WORK BEING DONE ON THE SCENIC TURNOUT ON DEER PARK ROAD.

4. Department Directors’ Reports and Announcements.

BRUCE HEID, DIRECTOR OF HEALTH AND HUMAN SERVICES, ANNOUNCED THAT DR. HILL IS RETIRING AFTER OVER 20 YEARS OF SERVICE TO THE COUNTY. MR. HEID STATED THE COUNTY IS ENTERING INTO AN AGREEMENT WITH SOLANO COUNTY FOR AN INTERIM HEALTH OFFICER, DR. CHARRON, AND THANKED SOLANO COUNTY FOR THEIR COLLABORATION IN THIS MATTER.

Consent Calendar

5. District Attorney requests approval of and authorization to sign an Edward Byrnes Block grant application with the Office of Criminal Justice Planning in the amount of $206,364 to continue funding for the Narcotics Information Network operated with the City of Napa in connection with drug related crimes.

6. Assessor-Recorder/County Clerk requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4645 and Amendment No. 1 to Agreement No. 4646 each with Megabyte Systems authorizing automatic term extension of each agreement, which cover base-year tracking and manufactured home/aircraft automated assessment respectively.

A-4645

(AMEND. 1)

A-4646

(AMEND. 1)

7. Assessor/Recorder-County Clerk requests the following actions:

A. Approval of Budget Transfer No. 100 transferring $26,166 from the Recorders Modernization and $96,220 from Assessor Property Tax Administration trust funds to purchase duplicate film, new scanners and a new phone system for the Recorder-Clerk division and for extra help, overtime, monitors, outside business account audits and a new phone system for the Assessor division; and BT-100

B. Approval to establish as a fixed asset two duplex scanners in the Recorder-Clerk’s budget for a total of $10,752. (4/5 vote required)

8. Auditor-Controller requests authorization to reinstate 48.0 hours of earned vacation to the Payment Systems Supervisor, who was unable to use vacation time due to an extended illness,

and did not accrue the earned hours as her vacation leave was at the maximum level allowed.

9. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 4 to Agreement No. 3592 with St. Helena Hospital establishing the County’s all-inclusive rate for Managed Care inpatient mental health services for Fiscal Year 2003-2004.

A-3592

(AMEND. 4)

10. Director of Health and Human Services requests approval of the following actions regarding the County’s Health Officer:

A. Authorization for the Chair to sign Amendment No. 2 to Agreement No. 4092 with Solano County; A-4092

(AMEND. 2)

B. Approval to waive requirements of Government Code Section 24000; and

C. Appointment of Thomas Charron, M.D., Solano County Health Officer, as interim Napa County Health Officer.

11. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4676 with Napa County Children and Families Commission extending the 2002 cycle of grant money for the Therapeutic Child Care Center. A-4676

(AMEND. 1)

12. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 4799 with BD Morgan Investment Group, Inc.,

dba BD MIG, increasing the amount by $15,000 for a new maximum of $23,000 to provide additional transportation and security guard services for clients transported to psychiatric hospitals. A-4799

(AMEND. 2)

13. Director of Health and Human Services requests approval of and authorization for the Chair to sign an agreement with Carol Nagle, LCSW, for a maximum of $2,500 for the term May 15, 2003 through June 30, 2004 to provide counseling services in the Children’s Behavioral Health and Child Welfare Services Programs. A-6012

14. Director of Health and Human Services requests approval of Budget Transfer No. 101 for $1,842 from the Alcohol Abuse Prevention Education Trust Fund to the Substance Abuse Services budget to fund contract expenditures. (4/5 vote required) BT-101

15. Director of Health and Human Services requests authorization to submit an application for a $600,000 grant from the California Department of Alcohol and Drug Programs for California Safe and Drug Free Schools and Communities funds.

16. Director of Health and Human Services requests approval of the mental health charge rates for Short Doyle Medi-Cal services effective July 1, 2003.

17. Director of Health and Human Services requests authorization for the Auditor-Controller to pay a claim over one year old totaling $75 to Ralph’s Grocery Company for payment of client services.

18. Director of Health and Human Services requests authorization for the Auditor-Controller to pay a claim over one year old totaling $266.65 to Walk the Talk Company for payment of California sales taxes on books purchased in March 2001.

19. Director of Health and Human Services requests approval of the Fiscal Year 2003-2004 Rate Packages for the In-Home Supportive Services Public Authority of Napa County for submission to the California Department of Social Services.

20. 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.

RDS 02-14, “Maintenance of Traffic Markings on Various County Roads Project.”

21. Director of Public Works requests approval of and authorization for the Chair to sign an agreement with Omni٠Means for a maximum of $42,770 for the term June 3, 2003 through October 31, 2003 for the preparation of an updated traffic mitigation fee program for the Napa County Airport Industrial Area. A-6013

22. Director of Public Works/Aviation requests approval of and authorization for the Chair to sign a Lease Agreement with the Federal Aviation Administration (FAA) for the term October 1, 2002 through September 30, 2003, with an automatic annual renewal through September 30, 2021 for the Automated Surface Observing System (ASOS) at the Napa County Airport. A-6015

23. Review and find that the Conservation, Development and Planning Department's report prepared pursuant to Government Code section 65858(d) adequately describes the measures taken to alleviate the conditions which led to adoption of Urgency Ordinance No. 1204.

24. Communications Manager and Information Technology Services Director request approval of the following pertaining to the purchase of a Voice Over Internet Protocol (VOIP) telephone system:

A. Budget Transfer No. 98 in the amount of $223,296, increasing appropriations in the Communications budget with offsetting revenue from various departments;

(4/5 vote required) BT-98

B. Establishment of the following fixed assets in the Communications/Information Technology Services Budget for equipment: one (1) server $7,112, one (1) T1 switch $12,927, one (1) analog phone gateway $7,755; (4/5 vote required) and

C. Authorization for the Chair to sign an agreement with AMS.Net for a maximum of $77,050 for the term June 3, 2003 through December 31, 2003 for implementation services. A-6014

25. Director of Emergency Services requests authorization to apply for a Supplemental State Homeland Security Grant Application in the amount of $340,974 which will provide additional equipment and training for Napa Operational Area first responders.

26. Local Enforcement Agency Manager requests a waiver of competitive bidding requirements and authorization to make a sole source award for the purchase of one Cyranose hand-held device and training program for one person from Cyrano Sciences, Inc. of Pasadena, California for the total amount of $9,088.04

27. County Executive Officer requests adoption of a resolution amending the Departmental Allocation List for the District Attorney’s Office with regards to adding one (1) District Attorney Elder Abuse Prosecutor Limited Term (LT) position funded through March 31, 2006 and approving the new class specification, effective June 03, 2003. R-03-92

28. County Executive Officer requests the following actions regarding construction of the new Juvenile Justice Center:

A. Approval of and authorization for the Chair to sign an agreement with the State Board of Corrections for a maximum of $5,378,888 for the term May 17, 2001 through

October 29, 2005; and A-4906-2

B. Adoption of a resolution authorizing the Chair to sign the contract and making other funding and operational assurances. R-03-93

29. County Executive Officer and Safety Officer request approval of and authorization for the Chair to sign the following agreements, each for the term June 3, 2003 through June 30, 2004 to provide safety training for County employees:

A. Agreement with William D. Kaslar for National Safety Council Defensive Driving classes at the rate of $400 per class plus cost of certificates per student attending; and

A-6018

B. Agreement with the American Red Cross for CPR and workplace first aid training classes at the rate of $20 per enrolled student. A-6019

30. Second reading and adoption of 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. O-1223

31. Second reading and adoption of an ordinance amending Napa County Code by adding a new Chapter 3.06 relating to low-value escape assessments. O-1224

32. Approve minutes of Board of Supervisors’ meeting of May 13, 2003.

33. Discussion of items removed from the Consent Calendar.

NONE

APPROVED CONSENT CALENDAR NUMBERS 5 THROUGH 32.

DD-BD-MR-ML-BW

Set Matters

34. 9:10 A.M. Special Meeting:

The Board of Supervisors meeting as the Board of Directors of the Silverado Community Services District.

(SEE SILVERADO COMMUNITY SERVICES DISTRICT MINUTES)

35. 9:15 A.M. Recess to the In-Home Supportive Services Public Authority of Napa County meeting.

(SEE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY OF NAPA COUNTY MINUTES)

36. 9:15 A.M. PUBLIC HEARING Consideration and possible action regarding an appeal filed by Rutherford Hill Winery to a decision by the Conservation, Development and Planning Commission on February 19, 2003 to approve a modification to the Kathryn Hall Winery Use Permit (Use Permit Modification request No. 02423-MOD) to relocate a previously approved special design septic system to a new location on the subject property, located on a ±40.00 acre parcel on Auberge Road, a private road off of Rutherford Hill Rd. approximately 7000 ft. north of Silverado Trail within an AW (Agriculture Watershed) zoning district. (Assessor’s Parcel #030-300-033) 60 Auberge Rd., Rutherford.

ENVIRONMENTAL DETERMINATION: Negative Declaration Prepared. According to the proposed Negative Declaration, the proposed project would have no potentially significant environmental impacts.

PUBLIC HEARING OPENED

A MOTION BY SUPERVISOR DILLON TO NOT ALLOW ANY NEW EVIDENCE TO BE SUBMITTED FOR CONSIDERATION DIED FOR LACK OF SECOND.

THE BOARD APPROVED DISCUSSION OF A LETTER FROM SCOTT LEWIS OF CONDOR EARTH TECHNOLOGIES, INC. DATED JANUARY 10, 2003, AS WELL AS ADDITIONAL EVIDENCE AND TESTIMONY ON THE VOLUME OF WATER AND GALLONAGE ISSUE.

ML-BD-MR-DD-BW

DURING THE COURSE OF THE PUBLIC HEARING, ADDITIONAL FACTS SURFACED THAT MAY HAVE THE POTENTIAL TO CHANGE THE CONDITIONS OF THE PERMIT. AS A RESULT, THE BOARD RECONSIDERED THE PREVIOUSLY APPROVED MOTION TO INCLUDE THE RESERVE AREA AS PART OF THE DISCUSSION. ML-MR-BD-DD-BW

THE BOARD APPROVED REMANDING THE STUDY OF THE RESERVE AREA BACK TO THE CONSERVATION, DEVELOPMENT, AND PLANNING COMMISSION FOR REVIEW AND REPORT BACK TO THE BOARD IN FORTY DAYS.

BD-MR-ML-DD-BW

THE BOARD APPROVED CONTINUANCE OF THE PUBLIC HEARING TO

JULY 15, 2003 AT 2:00 P.M. THE SCOPE OF THE PUBLIC HEARING WILL BE LIMITED TO WHAT HAS BEEN APPROVED BY THE BOARD IN TODAY’S HEARING:

A REPORT FROM STAFF ON THE FINDINGS OF THE CONSERVATION, DEVELOPMENT, AND PLANNING COMMISSION’S REVIEW OF THE STUDY AND TESTIMONY RELATED THERETO; THE LETTER FROM SCOTT LEWIS OF CONDOR EARTH TECHNOLOGIES, INC. DATED JANUARY 10, 2003; AND ADDITIONAL EVIDENCE AND TESTIMONY ON THE VOLUME OF WATER AND GALLONAGE ISSUE.

MR-BD-ML-DD-BW

37. 10:15 A.M. Presentation by Napa County Transportation Planning Agency regarding Napa/Solano Passenger Freight Rail Study.

ITEM CONTINUED TO JUNE 10, 2003 AT 2:15 P.M.

38. 12:00 P.M.. Recess to Annual Luncheon at U.C. Cooperative Extension located at 1710 Soscol Avenue, Napa.

LUNCHEON ATTENDED

39. 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)

40. 2:00 P.M. Public Works and County Counsel to discuss Special Events on Public Roadways and request:

A. Authorization to draft revisions to Section 10.24 of the County Code - Special Events on Public Roadways to:

i) Extend the timeline for submission of an application and all supporting documents from sixty (60) to ninety (90) days; and

ii) Modify notification language to specify that all residents/businesses with access/egress to the affected roadway be given written notification two week in advance of the event.

B. Discussion and direction from the Board as to limiting the number of special events requiring road closures occurring within a particular geographic area and within a specified time.

ITEM CONTINUED TO JUNE 10, 2003.

41. 2:20 P.M. Director of Public Works to discuss the benefits of an Energy Management Program and request approval of and authorization for the Chair to sign agreement with Kenwood Energy for a maximum of $16,272 for the term June 3, 2003 through June 30, 2004 to develop an energy management program.

APPROVED REQUEST BD-ML-MR-DD-BW A-6016

42. 2:45 P.M. Presentation by Napa County Mosquito Abatement District regarding a proposed benefit assessment district.

PRESENTATION MADE

43. 3:00 P.M. County Counsel and Registrar of Voters request the Board:

A. Receive the Registrar of Voters' certification of sufficient signatures for the Referendum Petition on Ordinance No. 1221 (Stream Setback Ordinance); and

SUPERVISOR DILLON RECUSED HERSELF FROM THIS ITEM (A AND B), AS SHE HAS NOT YET RECEIVED A RULING FROM THE FAIR POLITICAL PRACTICES COMMISSION ON THE CONFLICT OF INTEREST MATTER.

APPROVED REQUEST MR-BD-ML-BW

B. Consider and adopt either:

i) a proposed Ordinance repealing the Stream Setback Ordinance; or

ii) a Resolution calling an Election for March 2, 2004, for the purpose of adopting or rejecting the Stream Setback Ordinance.

ENVIRONMENTAL DETERMINATION (Repeal of Ordinance): General Rule-No Effect on the Environment [Section 15061(b)(3) of the State CEQA Guidelines].

ENVIRONMENTAL DETERMINATION (Calling Election): Not a Project and therefore not subject to CEQA [14 CCR 15378(b)(3); Friends of Sierra Madre v. City of Sierra Madre, 105 Cal.Rptr.2d 214].

THE BOARD APPROVED A RESOLUTION CALLING AN ELECTION FOR

MARCH 2, 2004 FOR THE PURPOSE OF ADOPTING OR REJECTING THE STREAM SETBACK ORDINANCE. BD-MR-ML-BW R-03-96

N

44. 4:30 P.M. Assessor/Recorder-County Clerk (Registrar of Voters) requests:

A. Approval for Registrar of Voters to apply for federal funding in the amount of $456,000; and

B. Approval of and authorization for the Chair to sign an agreement with Sequoia Voting Systems in the amount of $2,271,851 for the purchase and maintenance of touch screen and optical scanning voting equipment.

APPROVED REQUESTS ML-BD-MR-DD-BW A-6017

General Administration

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

Resolution opposing gambling casino in Sonoma County.

ADOPTED RESOLUTION BD-MR-ML-DD-BW R-03-94

46. County Executive Officer requests adoption of and authorization for the Chair to sign a Resolution of Intention and supporting documents amending the contract with the Board of Administration of the California Public Employees’ Retirement System at an estimated annual cost of $270,000 to provide an optional death benefit for the spouse of a deceased employee and increased survivor benefits to miscellaneous employees effective July 5, 2003 as negotiated in the current Memorandum of Understanding.

ADOPTED RESOLUTION ML-DD-MR-BD-BW R-03-97

47. County Executive Officer requests the Board appoint one (1) member and one (1) alternate member to serve on the Association of Bay Area Governments’ (ABAG) Executive Board with the terms of office beginning July 1, 2003 and ending June 30, 2005.

THE BOARD APPOINTED SUPERVISOR RIPPEY AS THE REGULAR MEMBER AND SUPERVISOR DODD AS THE ALTERNATE MEMBER.

ML-DD-MR-BD-BW

48. Board of Supervisors’ Committee Reports and Announcements.

NONE

49. Board of Supervisors’ Future Agenda Items.

SUPERVISOR LUCE REQUESTED DISCUSSION AND POSSIBLE ACTION REGARDING AN INCREASE IN TRANSIENT OCCUPANCY TAX FOR USE AS A GENERAL FUND TAX.

50. Closed Session.

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government

Code 54957)

Title: County Counsel

CLOSED SESSION CONTINUED TO A FUTURE DATE.

B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: (Six cases)

COUNTY COUNSEL AMENDED THE ITEM TO CONSIDER FOUR CASES RATHER THAN SIX.

CLOSED SESSION HELD ON THREE OF THE FOUR CASES - NO REPORTABLE ACTION.

DUE TO TIME CONSTRAINTS, THE FOURTH CASE WAS CONTINUED TO A FUTURE DATE.

50. Continued

C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Government Code Section 54956.9 (a))

Names of cases:

i) Napa Valley Land Stewards Alliance v. Napa County Board of Supervisors (Case No. 26-21346)

ii) Sierra Club v. Board of Supervisors (Case No. 26-17241)

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

iv) Robert Berberian v. County of Napa (Case No. 26-14879)

v) PG&E, U.S. Bankruptcy Court, Northern District, San Francisco Division (Case No. 01-30923)

vi) Montgomery Wards, U.S. Bankruptcy Court, District of Delaware (Case No. 97-1409)

CLOSED SESSION CONTINUED TO A FUTURE DATE.

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

JUNE 10, 2003 AT 9:00 A.M.

___________________________________

BRAD WAGENKNECHT, Chairperson

ATTEST: ___________________________________

PAMELA MILLER, 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