MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

June 10, 2003

1. Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, JUNE 10, 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.

CHAIR BRAD WAGENKNECHT LED THE SALUTE TO THE FLAG.

3. Public Comment.

MR. DON FRETZ COMMENTED ON THE MOVING OF THE PINK PERFECTION CAMELLIA PLANT CURRENTLY LOCATED AT THE SOUTHEAST CORNER OF THE COURTS BUILDING.

WILL SELLECK, REPRESENTING THE AB 616 COALITION, SPOKE IN SUPPORT OF AB 616 AND REQUESTED THE BOARD SUPPORT THIS BILL AS LONG AS THERE IS NO ADDITIONAL COST TO THE COUNTY.

NANCY MCCOY SPOKE IN SUPPORT OF AB 616. MS. MCOY ALSO COMMENTED ON THE MEMORANDUM OF UNDERSTANDING (MOU) EXCLUSION OF NOT ALLOWING EXTRA HELP TO BUY BACK TIME ONCE HIRED, AND ASKED THE BOARD TO RECONSIDER THIS PART OF THE MOU.

TRISH HORNISHER SPOKE IN SUPPORT OF AB 616.

4. Department Directors’ Reports and Announcements.

NONE

Consent Calendar

5. Auditor-Controller requests the Board accept and instruct the Clerk of the Board to file the Audit Report of the Napa River Reclamation District for the fiscal year ended June 30, 2002. (Report on file with Clerk of the Board)

6. Auditor-Controller requests the Board accept and instruct the Clerk of the Board to file the Audit Reports for the County of Napa-Health and Human Services Agency, Social Services Department-System of Care (System) and Over the Counter (OTC) Revolving Accounts for the fiscal year ended June 30, 2002. (Report on file with Clerk of the Board)

7. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of revenue Agreement No. 4534 with Napa County Transportation Planning Agency for a maximum of $93,554 for the term October 1, 2002 through June 30, 2004 for the provisions of the Job Access Reverse Commute Project. A-4534

8. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 3260 with Crestwood Behavioral Health, Inc. increasing the amount by $90,467 for a new maximum of $989,000 to provide residential mental health services. A-3260

(AMEND. 1)

9. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4241 with Community Action of Napa Valley, Inc., changing the salary compensation schedules for services provided to the Napa County Drug Court.

A-4241

(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. 4422 with Milhous Children’s Services increasing the amount by $21,642 for a new maximum of $77,192 to provide residential mental health treatment.

A-4422

(AMEND. 1)

11. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 4496 with ALDEA, Inc. increasing the amount by $25,000 for a new maximum of $93,000 to provide services for the Aldea Day Adolescent Program for Treatment (ADAPT) program. A-4496

(AMEND. 2)

12. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following amendments to provide counseling services in the Children’s Behavioral Health and Child Welfare Services Programs:

A. Amendment No. 3 to Agreement No. 4337 with Daniel Lott, Ph.D., increasing the amount by $3,000 for a new maximum of $17,814; A-4337

(AMEND. 3)

B. Amendment No. 2 to Agreement No. 4601 with Del Domezio, LCSW, increasing the amount by $1,000 for a new maximum of $10,092; A-4601

(AMEND. 2)

12. Continued

C. Amendment No. 3 to Agreement No. 4710 with Robert Zemanek, MFT, increasing the amount by $5,000 for a new maximum of $50,000; A-4710

(AMEND. 3)

D. Amendment No. 2 to Agreement No. 4878 with Loretta Silvagni, LCSW, increasing the amount by $750 for a new maximum of $2,830; and A-4878

(AMEND. 2)

E. Amendment No. 1 to Agreement 4936 with Judith Speed, Ph.D., increasing the amount by $1,500 for a new maximum of $3,000. A-4936 (AMEND. 1)

13. Director of Health and Human Services requests approval of and authorization for the Chair to sign an agreement with Napa Valley College for a maximum of $94,178 for the term

May 29, 2003 through June 30, 2004 for the Nurse Workforce Initiative project. A-6020

14. Director of Health and Human Services requests authorization to submit an application for a $400,000 grant from the Workforce Investment Act Dislocated Worker Project funds to provide training and support to dislocated workers.

15. Director of Public Works requests approval of plans and specifications for the “Napa County Airport 2003 Airport Expansion Project,” PW 02-06, which is a portion of the Federal Aviation Administration’s Grant AIP # 3-06-0162-14, authorization to advertise for bids and setting

3:30 P.M. on July 10, 2003 for opening of sealed bids.

16. Director of Public Works requests approval of and authorization for the Chair to sign the following Space License Agreements for the sublease of space at 650 Imperial Way, Suite 101, for the public-private partnership "One Stop Shop" under the Training and Employment Center's Job Connection Program:

A. Agreement with California Human Development Corporation for a term beginning

July 1, 2002 and continuing until terminated by either party; A-6021

B. Agreement with Goodwill Industries of the Redwood Empire, Inc. for a term beginning December 1, 2002 and continuing until terminated by either party; and A-6022

C. Agreement with Crestwood Dreamcatchers Foundation, Inc. for a term beginning

June 16, 2003 and continuing until terminated by either party. A-6023

17. Director of Public Works requests authorization to increase the fixed asset allocation from $95,000 to $98,349 for the purchase of a 10 wheel dump truck, established in the Fiscal Year 2002-2003 Equipment Pool Budget. (4/5 vote required)

18. Information Technology Services Director requests approval of the following actions relating to Agreement No. 4729 with Towill, Inc. for digital terrain data within the Napa River Watershed:

A. Authorization for Chair to sign Amendment No. 1 increasing the amount by $181,000 for

a new maximum of $690,750 and adding to the scope of work; and A-4729

(AMEND. 1)

B. Budget Transfer No. 103 transferring $149,600 from County Fire Protection and the Conservation, Development and Planning Department into the Central Services budget. (4/5 vote required) BT-103

19. County Executive Officer requests adoption of a resolution amending the Departmental Allocation List in the Probation Department to delete one (1) Probation Officer III position and add one (1) Supervising Probation Officer position, with no net increase in the total number of positions effective June 21, 2003. R-03-99

20. County Executive Officer requests adoption of a resolution revising Resolution No. 03-70, which authorizes paid leave of absence for regular County employees ordered to military duty to conform to CalPERS policies and procedures. R-03-100

21. Approve minutes of Board of Supervisors’ meetings of January 7, January 28, May 20 and

June 2, 2003.

22. Discussion of items removed from the Consent Calendar.

NONE

APPROVED CONSENT CALENDAR NUMBERS 5 THOUGH 21.

BD-DD-MR-ML-BW

23. 9:15 A.M. PUBLIC HEARING First and final reading and adoption of proposed ordinance change No. 03109-Ord making technical corrections to Sections 18.12.010, 18.104.230, 18.104.305 and 18.140.050 and amending Sections 18.104.270, 18.116.020 and 18.124.120 of the Napa County Code relating to standards and permits for fences, signs for agricultural parcels, setbacks for wineries located in open space areas, and revocation of use permits due to abandonment of use.

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

PUBLIC HEARING OPENED.

PUBLIC HEARING CONTINUED TO AUGUST 19, 2003 AT 2:30 P.M.

BD-ML-MR-DD-BW

24. 9:30 A.M. Discussion with the Conservation, Development and Planning Commission and possible action by the Board of Supervisors regarding:

A. Various aspects of processing winery use permits;

B. Current membership of Airport Land Use Commission and possible alternatives;

C. Code enforcement and code compliance operations as it relates to use permit conditions of approval; and

D. Options for implementing Design Review.

DISCUSSION HELD - NO ACTION TAKEN

25. 11:00 A.M. Presentation by the Natural Resources Conservation Service (NRCS) and the Napa County Resource Conservation District (RCD) regarding NRCS conservation programs and the RCD Napa Green Program.

PRESENTATION MADE – NO ACTION TAKEN

26. 2:15 P.M. Presentation by Napa County Transportation Planning Agency (NCTPA) regarding Napa/Solano Passenger Freight Rail Study.

(CONTINUED FROM JUNE 3, 2003)

SUPERVISOR DODD WAS EXCUSED FOR THE PRESENTATION.

SUPERVISOR DILLON WAS EXCUSED FOR PART OF THE PRESENTATION.

PRESENTATION MADE – NO ACTION TAKEN

27. 3:00 P.M. Director of Conservation, Development and Planning requests adoption of a resolution to submit special local forest practice rules to the California State Board of Forestry for consideration and possible adoption.

THE BOARD APPROVED INTENT TO ADOPT RESOLUTION AND CONTINUED THE ITEM TO MARCH 17, 2003.

MR-DD-BD-ML-BW

28. 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.

APPROVED REQUEST BD-DD-MR-ML-BW

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.

(CONTINUED FROM JUNE 3, 2003)

DISCUSSION HELD - NO ACTION TAKEN

29. Director of Health and Human Services to discuss and request:

A. Adoption of a resolution eliminating the position of Job Training Director in the Training & Employment Center, effective July 5, 2003, due to lack of funds and downsizing and further directing the Director of Health & Human Services Agency and Human Resources Division to implement the layoff resulting from this action; and R-03-101

B. Approval of Budget Transfer No. 102 transferring $99,257 from Appropriations for Contingencies and $38,548 from the CETA Interest Trust Fund to the Training and Employment Center budget to increase appropriations for Fiscal Year 2002-2003.

(4/5 vote required) BT-102

BD-ML-MR-DD-BW

30. Director of Health and Human Services to present a status report on the implementation of the Electronic Benefit Transfer (EBT) program in Napa County.

REPORT PRESENTED – NO ACTION TAKEN

31. NOT USED

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

Update on some or all of the following bills:

AB 857 (passed in 2002): Provides process for resolving conflicts among state policies concerning infrastructure planning. Position: track implementation.

AB 1268: Requires, by January 1, 2005, every city and county to designate within a general plan one or more growth zones where the jurisdiction intends to extend infrastructure services over a 20-year period. Prohibits extension of infrastructure service beyond the growth zone. Position: Study further and discuss with Assemblymember Wiggins' staff.

AB 1470: Allows wages and/or benefits of IHSS workers to be increased via local voter initiative. Position: Oppose.

SB 163: Authorizes county, city, or city and county (other than chartered county, city, or city and county) to enter into a contract for services with a private entity, if the contract would achieve cost savings and if any of several restrictive conditions are satisfied. Position: Oppose.

AB 1531 and SB 430: Creates two primary elections in presidential election years. Position: Oppose.

AB 941: Provides that at least 20% of 1,362 licensed beds at Napa State Hospital will be available for use by counties; cap of 980 on penal code patients remains in place; eliminates requirement for

32. Continued

community involvement in hospital’s security plan and requirement for appropriately trained state hospital security force and specialized staff training. Position: support under specific conditions.

AB 185: Prohibits Sec. of Agriculture from entering into cooperative agreements with boards of supervisors unless employees performing work are afforded protections as permanent county employees. Position: Oppose.

AB 216: Imposes fees on beer and spirit manufacturers & importers to fund new local youth alcohol prevention & recovery centers. Position: Oppose.

SB 108: Imposes 5-cent per drink fee on alcoholic beverages to fund EMS trauma centers. Position: Oppose.

REPORT PRESENTED – NO ACTION TAKEN

33. Board of Supervisors’ Committee Reports and Announcements.

NONE

34. Board of Supervisors’ Future Agenda Items.

SUPERVISOR DODD REQUESTED THE ABILITY TO IMPROVE THE COUNTY’S PUBLIC OUTREACH TECHNOLOGY, PERHAPS WITH STREAMING VIDEO, IN ORDER TO ENSURE MORE EXPANSIVE BROADCASTING CAPABILITIES. HE ASKED THAT THE BOARD RECEIVE AN UPDATE ON POTENTIAL CABLE CONTRACTS AND ADDITIONAL BROADCASTING IDEAS IN 90 TO 120 DAYS.

35. Closed Session:

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government

Code 54957)

Title: County Counsel

(CONTINUED FROM JUNE 3, 2003)

DUE TO TIME CONSTRAINTS, 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: (One case)

(CONTINUED FROM JUNE 3, 2003)

DUE TO TIME CONSTRAINTS, CLOSED SESSION CONTINUED TO A

FUTURE DATE.

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)

(CONTINUED FROM JUNE 3, 2003)

DUE TO TIME CONSTRAINTS, CLOSED SESSION CONTINUED TO A

FUTURE DATE.

D. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

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

DUE TO TIME CONSTRAINTS, CLOSED SESSION CONTINUED TO A

FUTURE DATE.

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

Agency Designated Representatives: Charla Freckmann, Assistant Human Resources Director

Employee Organization: SEIU Local 614 - NAPE (Employee Unit & Supervisory Unit of the County of Napa)

Unrepresented Employees: Non-Classified, Management and Confidential Employees of the County of Napa (Excluding Elected Officials)

CLOSED SESSION HELD – NO REPORTABLE ACTION

Adjournment.

ADJOURNED TO THE BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

JUNE 17, 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