MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

June 24, 2003

1. Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, JUNE 24, 2003 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRPERSON BRAD WAGENKNECHT, SUPERVISORS

BILL DODD, MIKE RIPPEY, AND DIANE DILLON. SUPERVISOR LUCE WAS ABSENT AT ROLL CALL, BUT ARRIVED DURING ITEM 4. THE MEETING WAS CALLED TO ORDER BY CHAIR WAGENKNECHT AT 9:04 A.M.

2. Pledge of Allegiance.

MR. WADLER LED THE SALUTE TO THE FLAG.

3. Public Comment.

KATRINA SCHYLER SPOKE IN SUPPORT OF ITEM 23 ON TODAY’S AGENDA AND THANKED THE BOARD FOR THEIR SUPPORT IN APPROVING THE ITEM.

4. Department Directors’ Reports and Announcements.

BRUCE HEID, HEALTH AND HUMAN SERVICES DIRECTOR, GAVE AN UPDATE ON THE BAT SITUATION IN THE COUNTY. MR. HEID REPORTED THAT TO DATE THERE HAVE BEEN FOUR RABID BATS FOUND, AND THAT A PUBLIC HEALTH NOTICE HAD BEEN ISSUED. HE REPORTED THAT CURRENTLY SIX CITIZENS ARE UNDERGOING PRECAUTIONARY TREATMENT FOR RABIES, AS NO ONE HAD YET BEEN BIT.

MR. HEID STATED THAT ONE OF THE RABID BATS FOUND WAS AT A BUSINESS LOCATED IN THE RUTHERFORD AREA, AND THE BUSINESS WAS WORKING CLOSELY WITH HEALTH AND HUMAN SERVICES. THE BAT WAS FOUND IN AN AREA OF THE BUSINESS THAT WAS NOT OPEN TO THE PUBLIC.

MR. HEID CAUTIONED THE PUBLIC TO CONTACT ANIMAL CONTROL IMMEDIATELY IF THEY FIND A BAT, WARNING THEM NOT TO TOUCH OR PLAY WITH IT, PICK IT UP, OR TAKE IT HOME.

SUPERVISOR DODD COMMENTED THAT HE RECEIVED A LARGE NUMBER OF TELEPHONE CALLS FROM THE PUBLIC WANTING TO KNOW THE LOCATION WHERE THE BATS WERE FOUND AND ASKED IF, PERHAPS, A BIGGER ISSUE WAS CREATED BY NOT EXPOSING THE GENERAL AREA IN WHICH THE BATS WERE FOUND.

MR. HEID COMMENTED THAT HEALTH AND HUMAN SERVICES IS CHARGED WITH ENSURING PUBLIC SAFETY IN PREVENTING EXPOSURE AND CREATING AWARENESS, WHICH IS WHAT WAS DONE. HE STATED THERE IS NO THREAT IN ANY SPECIFIC AREA, AND THERE IS A LEVEL OF CONFIDENTIALITY MAINTAINED WITH THESE REPORTS.

SUPERVISOR RIPPEY COMMENTED IT WOULD BE WORTHWHILE FOR HEALTH AND HUMAN SERVICES TO WORK WITH THE BOARD ON CREATING PUBLIC HEALTH GUIDELINES FOR AN INCIDENT OF THIS NATURE IN THE FUTURE.

SUPERVISOR LUCE COMMENTED THAT HE SAT IN ON THE COORDINATION MEETING AND FELT THE RIGHT DECISIONS WERE MADE.

DAVE WHITMER, AGRICULTURAL COMMISSIONER, REPORTED ON THE FINDING OF ONE GLASSY WINGED SHARP SHOOTER FOUND IN A TRAP IN VACAVILLE. HE COMMENTED IT IS NOT UNUSUAL FOR SOMEONE TO PLACE A BUG IN A TRAP TO MEASURE THE RESPONSIBLE PARTIES’ REACTION AND RESPONSIVENESS. HE STATED HE DID NOT KNOW IF THIS WAS THE CASE OR NOT; HOWEVER, THE SOLANO COUNTY AGRICULTURAL COMMISSIONER AND THE CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURAL ARE IMPLEMENTING THEIR REACTION PLAN, WHICH INVOLVES ADDITIONAL TRAPPING AND SURVEYING IN THE AREA.

Consent Calendar

5. Director of Child Support Services requests approval of Budget Transfer No. 108 transferring $11,496 from Appropriations for Contingencies to the Child Support Services budget for furniture and miscellaneous office expenses. (4/5 vote required) BT-108

6. Chief Probation Officer requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4371 with Matrix Parent Network and Resource Center for a maximum of $133,000 for the term July 1, 2003 through June 30, 2004, for parent advocacy services for juveniles, and their families. A-4371

7. Chief Probation Officer requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4569 with Del Norte County to insure availability of placement for five Napa County juvenile court wards at the rate of $2,400 per ward per month, and at a rate of $2,600 per ward per month on an as needed basis, for the term July 1, 2003 through June 30, 2004.

A-4569

8. Chief Probation Officer requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4578 with Kathryn Quain, dba Music for Life for a maximum of $5,000 for the term July 1, 2003 through June 30, 2004 for provision of music therapy to wards at Juvenile Hall or attending Chamberlain High School. A-4578

9. Chief Probation Officer requests approval of and authorization for the Chair to sign Agreement No. 4776 with Aldea Children and Family Services for $98,219 for the term July 1, 2003 through June 30, 2004 for provision of therapeutic services to juvenile court wards under the supervision of the Probation Department. A-4776

10. Sheriff requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 3939 with Bartig, Basler and Ray, CPAS, Inc., increasing the amount by $1,900 to provide additional auditing services related to the Office of Criminal Justice Program, Sheriff’s Activities League Grant for a new maximum of $61,900. AMENDED TO BE A NEW MAXIMUM OF $60,900. A-3939

(AMEND. 2)

11. Auditor-Controller requests acceptance of the Fiscal Year 2003/2004 Proposed Budget for the Multi-Agency Hazardous Incident Response Team, Fund 2050, with a total appropriation of $55,000.

12. Treasurer-Tax Collector requests approval of the application for Discharge of Accountability, filed with the Board of Supervisors, pertaining to certain uncollectable tax bills, totaling $60,103.39. (Copy of list on file with the Clerk of the Board)

13. Director of Health and Human Services requests approval of and authorization for the Chair to sign renewals of the following agreements for the term July 1, 2003 through June 30, 2004, to provide

in-home protective services to dependent adults:

A. Agreement No. 4596 with Your Home Nursing Services, Inc. for a maximum of $8,000; and

A-4596

B. Agreement No. 4667 with Care Network, LLC, for a maximum of $10,000.

A-4667

14. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements for the term July 1, 2003 through June 30, 2004 for counseling services in the Children’s Behavioral Health and Child Welfare Services Programs:

A. Renewal agreements:

1) Agreement No. 3749 with Ron Haimowitz, Ph.D., for a maximum of $11,650;

A-3749

2) Agreement No. 4710 with Robert Zemanek, MFT, for a maximum of $3,500;

A-4710

3) Agreement No. 4878 with Loretta Silvagni, LCSW, for a maximum of $2,500;

A-4878

4) Agreement No. 4935 with Steven Boyd, LCSW, for a maximum of $1,000; and

A-4935

5) Agreement No. 4936 with Judith Speed, Ph.D., for a maximum of $2,950.

A-4936

14. Continued

B. Agreement with Elizabeth Ellsworth, MFT, for a maximum of $3,200.

A-6036

15. Director of Health and Human Services Agency requests approval of and authorization for the Chair to sign the following renewal agreements for the term July 1, 2003 through June 30, 2004 to provide counseling services in the Substance Abuse Treatment Options Program (S.T.O.P.):

A. Agreement No. 4698 with Persis Hamilton, MS, RN, for a maximum of $700;

A-4698

B. Agreement No. 4699 with Daniel Lott, Ph.D., for a maximum of $1,000;

A-4699

C. Agreement No. 4700 with Loretta Silvagni, LCSW, for a maximum of $1,000;

A-4700

D. Agreement No. 4703 with Kevin Kappler, Ph.D., for a maximum of $700;

A-4703

E. Agreement No. 4704 with Fred Hollander, MFCC, for a maximum of $700;

A-4704

F. Agreement No. 4706 with Liz Williams, LCSW, for a maximum of $1,000;

A-4706

G. Agreement No. 4711 with Margaret Lee, LCSW, for a maximum of $3,500;

A-4711

H. Agreement No. 4877 with Douglass Marum, MFT, for a maximum of $6,000; and

A-4877

I. Agreement No. 6002 with Sharon Harp, MFCC, for a maximum of $1,000.

A-6002

16. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements for the term July 1, 2003 through June 30, 2004 regarding the Mental Health Outpatient Managed Care Program:

A. Renewals:

1) Agreement No. 4029 with Linda Bancke, Ph.D., for a maximum of $3,500;

A-4029

2) Agreement No. 4037 with Ron Haimowitz, Ph.D., for a maximum of $6,000;

A-4037

16. Continued

3) Agreement No. 4054 with Daniel Lott, Ph.D., for a maximum of $35,000;

A-4054

4) Agreement No. 4060 with Kevin Kappler, Ph.D., for a maximum of $32,000;

A-4060

5) Agreement No. 4064 with Janet Cain, Ph.D., for a maximum of $17,000;

A-4064

6) Agreement No. 4170 with Lena Kibble, MFT, for a maximum of $15,000;

A-4170

7) Agreement No. 4268 with Del Domezio, LCSW, for a maximum of $16,000;

A-4268

8) Agreement No. 4282 with Loretta Silvagni, LCSW, for a maximum of $21,000;

A-4282

9) Agreement No. 4536 with Nina Woods, Ph.D., for a maximum of $7,000;

A-4536

10) Agreement No. 4537 with Liz Williams, LCSW, for a maximum of $8,500;

A-4537

11) Agreement No. 4539 with Judith Speed, Ph.D., for a maximum of $9,000;

A-4539

12) Agreement No. 4540 with Gerane Park, LCSW, for a maximum of $2,500;

A-4540

13) Agreement No. 4541 with Margaret Lee, LCSW, for a maximum of $8,000;

A-4541

14) Agreement No. 4544 with Margaret Beardsley, MFT, for a maximum of $6,000;

A-4544

15) Agreement No. 4545 with Sandra Dawood, Ph.D., for a maximum of $500;

A-4545

16) Agreement No. 4546 with Susan Schmall, Ph.D., for a maximum of $5,000;

A-4546

17) Agreement No. 4548 with Mimi Wolfe, MFT, for a maximum of $8,000;

A-4548

16. Continued

18) Agreement No. 4551 with Maureen O’Shea, Ph.D., for a maximum of $9,000;

A-4551

19) Agreement No. 4552 with Gregory Matsumoto, Psy.D., for a maximum of $11,000;

A-4552

20) Agreement No. 4553 with Fred Hollander, MFT, for a maximum of $8,000;

A-4553

21) Agreement No. 4554 with Robert Heying, Ph.D., for a maximum of $1,000;

A-4554

21) Agreement No. 4563 with Steven Boyd, LCSW, for a maximum of $3,000;

A-4563

22) Agreement No. 4661 with Bill Ruhs, MFT, for a maximum of $18,000; and

A-4661

23) Agreement No. 4786 with Robert Zemanek, MFT, for a maximum of $2,500.

A-4786

B. Agreements for a maximum of $2,500 each:

1) Agreement with Richard Cohan, Ph.D; A-6037

2) Agreement with Barrie Glen, Ph.D.; A-6038

3) Agreement with Barbara Goodridge, LCSW; A-6039

4) Agreement with Joel Levitt, MFT; A-6040

5) Agreement with Cathy Smith, MFT; and A-6041

6) Agreement with Charles Taylor, Ph.D. A-6042

17. 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. Barrie Glen, Ph.D.; A-6057

B. Barbara Goodridge, LCSW; A-6046

C. Syed Kazmi, M.D.; A-6047

17. Continued

D. Joel Levitt, MFT; A-6048

E. Cathy Smith, MFT; and A-6049

F. Napa County Office of Education. A-6050

18. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following renewal agreements for the term July 1, 2003 through June 30, 2004 to provide early intervention services in reaching and assisting residents with alcohol and drug problems:

A. Agreement No. 4205 with Community Action of Napa Valley, Inc. for a maximum of $28,980; and A-4205

B. Agreement No. 4199 with Alternatives for Better Living, Inc. for a maximum of $5,000.

A-4199

19. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 3851 with Family Service of the North Bay, Inc., for a maximum of $141,100 for the term July 1, 2003 through June 30, 2004 for the Satellite Housing Program. A-3851

20. Director of Health and Human Services requests approval to terminate Agreement No. 4465 with Catholic Charities for transitional housing, effective July 6, 2003.

HELD FOR DISCUSSION

APPROVED REQUEST MR-BD-ML-DD-BW

21. Director of Health and Human Services and Director of Public Works request approval of and authorization for the Chair to sign the following agreements with Child Start, Inc. to provide child care services at the Therapeutic Child Care Center:

A. Space License Agreement for use of space in Building L of the Health and Human Services (HHS) campus at 2344 Old Sonoma Road in Napa for a term commencing

July 1, 2003 and continuing until terminated by either party; A-6051

B. Memorandum of Understanding; and A-6052

C. Business Associate Agreement setting forth the terms and conditions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule.

HELD FOR DISCUSSION A-6053

APPROVED REQUEST MR-BD-ML-DD-BW

22. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement 5068 with Napa Valley Economic Development Corporation extending the term through August 31, 2003 to provide training services to employees and vendors in the Knowledge Administration Training (KAT) project. A-5068

(AMEND. 1)

23. Director of Health and Human Services requests approval of the following actions regarding the U.S. Department of Housing and Urban Development (HUD) Transitional Residential Alliance and Integrated Network (TRAIN) Project and Homeless Management Information System (HMIS):

A. Acceptance of the HMIS grant for 2002 in the amount of $19,950;

B. Authorization to apply for a 2003 HMIS grant in the amount of $19,950;

C. Authorization to apply for a 2003 TRAIN grant in the amount of $123,439; and

D. Adoption of a resolution to submit the 2003 Funding Cycle Project application to HUD.

R-03-109

24. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4444 with the Napa County Office of Education changing the reimbursement rate for the Special Education/Early Childhood Instructor for the Therapeutic Child Care Center. A-4444

(AMEND. 1)

25. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4000 with Community Resources for Children for a maximum of $600,000 for the term July 1, 2003 through June 30, 2004 to administer and make direct payments to child care service providers. A-4000

26. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4011 with Redwood Toxicology Laboratory, Inc., for a maximum of $21,950 for the term July 1, 2003 through June 30, 2004 to provide client drug screening services.

A-4011

27. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4367 with Allen, Shea and Associates for a maximum of $14,500 for the term July 1, 2003 through June 30, 2004 to provide professional services in connection with the In-Home Supportive Services Public Authority of Napa County Advisory Board. A-4367

28. Director of Health and Human Services requests approval of the following actions regarding COPE Family Center to assist in the implementation of a Child Welfare Service redesign:

A. Authorization for the Chair to sign an agreement for a maximum of $15,200 for the term June 1, 2003 through September 30, 2003; A-6035

B. Budget Transfer No. 113 increasing appropriations by $3,800 with offsetting revenue in the Social Services budget for FY 2002-2003 (4/5 vote required); and BT-113

C. Budget Transfer No. 114 increasing appropriations by $11,400 with offsetting revenue in the Social Services budget for FY 2003-2004 (4/5 vote required). BT-114

29. Director of Conservation, Development and Planning requests approval of Budget Transfer No. 106 appropriating $287,525 in the Conservation, Development and Planning Department budget, with offsetting revenue provided by project applicants for erosion control plan application contracts. (4/5 vote required)

HELD FOR DISCUSSION BT-106

APPROVED REQUEST MR-BD-ML-DD-BW

30. Director of Conservation, Development and Planning requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4798 with Lamphier-Gregory, Inc. increasing the amount by $15,000 for a new maximum of $50,084 for the preparation, review, coordination and processing of an initial study under the California Environmental Quality Act (CEQA) of a vineyard development project and erosion control application filed by Napa Wine Estates, LLC (“Project Applicant”) for the Chalone Vineyard Conversion Project (“ECPA 99-485”) and Suscol Springs South Vineyard Conversion Project (“ECPA 03-081”).

A-4798

(AMEND. 1)

31. Director of Public Works requests approval of and authorization for the Chair to sign an agreement with the Napa County Flood Control and Water Conservation District for a maximum of $26,400 for the term July 1, 2003 through June 30, 2004 for the administration of the Napa County Stormwater Management Program. A-6054

32. Director of Public Works requests adoption of a resolution to the Metropolitan Transportation Commission for allocation of Fiscal Year 2003/2004 Transportation Development Act Article 3, Pedestrian/Bicycle Project Funding for the Yountville Cross Road Bike Lanes Project.

R-03-110

33. Director of Public Works requests approval of and authorization for the Chair to sign an agreement with Quincy Engineering, Inc. for a maximum of $74,920, for the term June 24, 2003 through June 30, 2004 to conduct a feasibility study on Silverado Trail.

HELD FOR DISCUSSION A-6055

APPROVED REQUEST MR-BD-ML-DD-BW

34. Director of Public Works requests approval of and authorization for the Chair to sign Amendment No. 14 to Lease Agreement No. 2002 with the City of St. Helena, for leased space located at the City Council Chamber Room at the Carnegie Building, 1360 Oak Avenue, St. Helena, California for small claim court, for the term July 1, 2003 through June 30, 2004, for a new cost of $80 for each day used. A-2002

(AMEND. 14)

35. Director of Public Works requests approval of and authorization for the Chair to sign Amendment No. 1 to Lease Agreement No. 4850 with Napa Sanitation District (NSD), extending the term to June 30, 2004. A-4850

(AMEND. 1)

36. Director of Public Works requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4918 with Quincy Engineering, Inc. increasing the amount by $30,488 for a new maximum of $307,851 for civil engineering and environmental consulting services for signalization of the Devlin Road/Airport Boulevard Intersection and the Airport Boulevard/Highway 29 left turn pocket extension. A-4918

(AMEND. 1)

37. Director of Public Works requests approval of Budget Transfer No. 107, increasing Fiscal Year 2002/2003 appropriations, with offsetting revenues from depreciation collection, for the Equipment Pool, Fund 4020 by $10,000 and Fund 4030 by $50,000. (4/5 vote required)

BT-107

38. Director of Public Works and County Executive Officer/Purchasing Agent request the following actions relative to the Napa County Airport Emergency Generator (4/5 vote required):

A. Declare the 150 Kilowatt Diesel Emergency Generator Unit as surplus and no longer required for public use; and

B. Authorize Fort Bragg Electric, the contractor for the Napa County Emergency Generator Project, to dispose of the generator as part of a no-cost-to-the-County change order to the construction contract.

39. County Counsel requests approval of and authorization for the Chair to sign the following agreements for the term July 1, 2003 through June 30, 2004 to provide Conflict Public Defender legal services to indigent clients:

A. Amendment No. 2 to Agreement No. 4250 with Peter A. Firpo for a maximum amount of $61,800; and A-4250

(AMEND. 2)

B. Amendment No. 1 to Agreement No. 4800 with Mervin Lernhart for a maximum amount of $227,940. A-4800

(AMEND. 1)

40. Information Technology Services Director requests a waiver of competitive bidding requirements and authorization to make a sole source award for the purchase of extended annual software maintenance and equipment warranties to June 30, 2004:

A. PeopleSoft annual software maintenance and telephone support for:

i) PeopleSoft Financials, $95,325;

ii) PeopleSoft Human Resources, $55,100;

iii) PeopleSoft e-Applications, $18,320;

iv) PeopleSoft EEL (Extended Enterprise), $11,664; and

v) PeopleSoft Enterprise Portal, $23,328.

B. SBC DataComm extended replacement warranty and telephone support at $5,850 for part C6509 Switch with a retail replacement value of $120,000;

C. PacificEdge Software annual software maintenance, upgrade, and telephone support for the Project Office application at $12,000; and

D. Accela, Inc. annual software maintenance and telephone support for Permits Plus application at $19,517.

41. Information Technology Services Director requests the following actions related to the purchase of PeopleSoft, Inc. software and maintenance:

A. Approval of Budget Transfer No. 111 in the amount of $103,010 and Budget Transfer

No. 112 in the amount of $34,010, increasing appropriations in the ITS budget with offsetting revenue from various departments (4/5 vote required); and

BT-111

BT-112

B. Waiver of competitive bidding requirements and authorization to make a sole source award for the purchase of project management, human resources, and treasury related software and maintenance for the County’s integrated financials system from PeopleSoft, Inc. for the total amount of $237,021.

HELD FOR DISCUSSION

APPROVED REQUEST MR-BD-ML-DD-BW A-3730

42. Information Technology Services Director requests approval of and authorization for the Chair to sign the following amendments and extend the term through June 30, 2004:

A. Amendment No. 1 to Agreement No. 4805 with Fakouri Electrical Engineering, Inc. for a maximum of $8,000 for maintenance and emergency services; and A-4805

(AMEND. 1)

B. Amendment No. 4 to Agreement No. 4334 with Megabyte Systems increasing the annual contracted amount by $3,300 for a new annual maximum of $135,321. A-4334

(AMEND. 4)

43. Library Director requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 4420 with Beth Chamberlain, to allow reimbursement for purchase of supplies for the ELLI (English Language Literacy Intensive) grant program. A-4420

(AMEND. 2)

44. County Executive Officer requests approval of and authorization for the Chair to sign renewal of Agreement No. 4315 with California Forensic Medical Group, Inc. (CFMG) in the maximum amount of $106,406 per month for the term July 1, 2003 through June 30, 2005 to provide medical services in the Jail and Juvenile Hall.

HELD FOR DISCUSSION A-4315

APPROVED REQUEST MR-BD-ML-DD-BW

45. County Executive Officer requests approval of and authorization for the Chair to sign agreements with Nelson Staffing Solutions, Alkar Human Resources, and Kelly Services at specified rates, with the term of July 1, 2003 through June 30, 2004 to provide contract extra help services to County departments. A-6043

A-6044

A-6045

46. County Executive Officer requests the following actions related to the Affordable Housing Fund:

A. Approval of Budget Transfer No. 109 increasing appropriations by $30,000 in the Affordable Housing Fund with offsetting revenue; and BT-109

B. Approval of Budget Transfer No. 110 increasing appropriations by $400,000 in the Affordable Housing Fund with offsetting revenue from available fund balance.

(4/5 vote required) BT-110

HELD FOR DISCUSSION

APPROVED REQUEST MR-BD-ML-DD-BW

47. County Executive Officer requests authorization to reinstate 12.5 hours of personal leave to a Road Maintenance Worker III.

ITEM REMOVED FROM AGENDA.

48. County Executive Officer requests adoption of resolution amending policy of the Napa County Board of Supervisors regarding grants, effective June 24, 2003. R-03-111

49. County Executive Officer requests adoption of a resolution amending the existing Policy for Budgetary Controls making minor changes to the policy relating to the adjustment of Fixed Asset appropriations by the Auditor-Controller. R-03-112

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

Representing Term Expires

Rev. John J. Brenkle Citizen at Large September 30, 2004

Janice S. von Pohle City of Calistoga, Alternate September 30, 2004

Kevin Block City of Napa, Alternate September 30, 2003

Todd Carlson Town of Yountville September 30, 2004

Eric Knight Town of Yountville, Alternate September 30, 2004

51. County Executive Officer requests adoption of Retirement Resolution No. 03-98 for Alice Capovilla, Court Division Supervisor, in recognition of 21 years of service. R-03-98

52. Discussion of items removed from the Consent Calendar.

ITEMS 20, 21, 29, 33, 41, 44, AND 46 WERE HELD FOR DISCUSSION.

APPROVED CONSENT CALENDAR NUMBERS 5 THROUGH 51, AS AMENDED, WITH THE EXCEPTIONS NOTED IN ITEM 52. REFER TO THESE ITEMS FOR THEIR RESPECTIVE VOTES.

BD-MR-ML-DD-BW

Set Matters

53. 9:00 A.M. PUBLIC HEARING Auditor-Controller requests approval of the final appropriation and revenue levels, cancellations, and provisions for reserves and designations, and adoption of a resolution establishing the total financing requirements for the Fiscal Year 2003/2004 Final Budget for the County of Napa. (4/5 vote required)

PUBLIC HEARING HELD

ADOPTED RESOLUTION BD-ML-MR-DD-BW R-03-113

54. 9:00 A.M. Recess to the In-Home Supportive Services Public Authority of Napa County Special Meeting.

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

55. 9:00 A.M. Recess to the Napa County Flood Protection and Watershed Improvement Authority Special Meeting.

(SEE NAPA COUNTY FLOOD PROTECTION AND WATERSHED IMPROVEMENT AUTHORITY MINUTES)

56. 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, FEBRUARY 11 AND MAY 20, 2003; APPLICANT AND

APPELLANT REQUEST CONTINUANCE TO AUGUST 5, 2003)

PUBLIC HEARING CONTINUED TO AUGUST 5, 2003

BD-DD-MR-ML-BW

57. 10:00 A.M. PUBLIC HEARING Consideration and possible action regarding appeals filed by 1) Gary Gates on behalf of Louise Rossi (a neighbor) and 2) Del Dotto Vineyards, Inc., (applicant) to a decision by the Conservation, Development, and Planning Commission on April 2, 2003 to approve the Del Dotto Winery/Erickson Properties, Inc. – Use Permit Request #02082-UP to establish a new 48,000 gallon per year winery within: (1) a new 6,924 square foot winery building with 15,025 square feet of caves for a winery totaling 21,949 square feet; (2) custom crushing activities (crushing, fermentation, barrel aging and bottling) for up to six custom producers and utilizing 21% (10,000 gallons per year) of the total approved winery production capacity (reduced to two custom producers and 5,000 gallons); (3) four full time and one part time employees; (4) 200 visitors per week; (5) 20 parking spaces; (6) tours and tasting by appointment only; (7) a marketing plan; (8) an entry structure; and (9) a left-hand turn lane on St. Helena Highway; located on a + 15 acre parcel (after pending Lot Line Adjustment) on the west side of St. Helena Highway, 800 feet south of its intersection with Zinfandel Lane, within an Agricultural Preserve (AP) zoning district. (Assessor’s Parcel #027-160-045 ptn, and 046) 1445 South St. Helena Highway, St. Helena.

ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration Prepared. According to the Mitigated Negative Declaration, the proposed project would have, if mitigation measures are not included, potentially significant environmental impacts in the following areas: traffic, historic resources, and aesthetics.

PUBLIC HEARING HELD

SUPERVISOR LUCE MOTIONED AND SUPERVISOR DODD SECONDED TO UPHOLD THE PLANNING COMMISSION’S DECISION AND DENY BOTH APPEALS.

SUPERVISOR DODD WITHDREW HIS SECOND.

57. Continued

SUPERVISOR LUCE RESTATED HIS MOTION, WHICH DIED FOR LACK OF A SECOND.

AT THIS TIME IN THE HEARING, SUPERVISOR LUCE WAS EXCUSED FOR OUT- OF-STATE TRAVEL.

PUBLIC HEARING CONTINUED TO JULY 8, 2003 AT 10:15 A.M.

BD-MR-ML-DD-BW

X

58. 10:30 A.M. PUBLIC HEARING First and final reading and adoption of an ordinance amending the contract with the Board of Administration of the California Public Employees’ Retirement System 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 Memoranda of Understanding.

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.

MR-BD-ML-DD-BW

X

THE BOARD ADOPTED THE ORDINANCE.

MR-BD-ML-DD-BW

X

Regular Calendar

59. County Executive Officer requests appointments to the Mental Health Board as follows:

A. One (1) of the following applicants representing the Family Member of Consumer category with the term expiring January 1, 2005;

Anita J. Catlin

Donna B. Wenzel

59. Continued

B. Appointment of Synthia Sylver Smith representing the Consumer category with the term expiring January 1, 2006; and

C. Should the Board appoint Anita Catlin in Item A (above), appointment of Richard L. Delmonico, Ph.D. representing the Interested and Concerned Citizen category with the term expiring January 1, 2004.

THE BOARD APPOINTED ANITA CATLIN, SYNTHIA SYLVER SMITH AND

DR. RICHARD L. DELMONICO TO THE MENTAL HEALTH BOARD.

MR-DD-BD-ML-BW

X X

60. Discussion and possible direction to staff regarding amending the existing provisions of the Napa County Code relating to increasing the Transient Occupancy Tax (TOT) from 10.5% to 12.0% subject to voter approval. (Supervisor Luce)

DISCUSSION HELD

THE BOARD DIRECTED STAFF TO REPORT BACK WITH AN ANALYSIS OF VACANCY RATES, TRANSIENT OCCUPANCY TAX (TOT) RATES WITHIN THE COUNTY, AND THE DIFFERENCES BETWEEN TOT RATES AND OCCUPANCY RATES WITHIN INCORPORATED VERSUS UNINCORPORATED AREAS.

WILLIAM CHIAT, COUNTY EXECUTIVE OFFICER, STATED THIS ANALYSIS WILL ALSO INCLUDE BED AND BREAKFASTS, PERMANENT HOME RENTALS, TIME SHARES, AND LAKE BERRYESSA MOTELS AND CABINS, IDENTIFYING WHAT TOT RATE EACH ARE CURRENTLY PAYING.

SUPERVISOR DODD REQUESTED THE ANALYSIS INCLUDE INFORMATION ON HOW OTHER COUNTIES ARE WORKING WITH THEIR VISITORS BUREAUS IN TERMS OF REINVESTMENT.

61. Discussion and potential support and/or vote by the Board on the proposed Mosquito Abatement District’s Special Assessment, and authorization for the Chair to sign any necessary ballots/documentation necessary to vote on the assessment.

THE BOARD WENT ON RECORD IN SUPPORT OF THE PROPOSED ASSESSMENT AND AUTHORIZED THE CHAIRPERSON TO SIGN THE BALLOTS.

MR-DD-BD-ML-BW

X X

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

WILLIAM CHIAT, COUNTY EXECUTIVE OFFICER, REPORTED THAT ASSEMBLYWOMAN PATRICIA WIGGINS CALLED HIM THIS MORNING REQUESTING THAT THE BOARD ADOPT A RESOLUTION PROTECTING LOCAL REVENUES AND TO SEND THE RESOLUTION WITH A COVER LETTER TO THE GOVERNOR AND OTHERS IN SACRAMENTO AS SOON AS POSSIBLE.

THE BOARD APPROVED ADDING AN EMERGENCY ITEM TO THE AGENDA UNDER LEGISLATION THAT AROSE SUBSEQUENT TO THE POSTING OF THE AGENDA.

MR-DD-BD-ML-BW

X X

ADOPTED RESOLUTION MR-DD-BD-ML-BW R-03-108

X X

THE BOARD APPROVED SENDING A LETTER OF SUPPORT TO LEGISLATORS REQUESTING THEY KEEP THE NAPA NATIONAL RESOURCE CONSERVATION SERVICE OFFICE OPEN, OR CONSOLIDATE IT WITH THE SONOMA COUNTY OFFICE RATHER THAN THE DIXON OFFICE.

MR-DD-BD-ML-BW

X X

THE BOARD APPROVED SENDING A LETTER TO THE CALIFORNIA STATE ASSOCIATION OF COUNTIES AND THE REGIONAL COUNCIL OF RURAL COUNTIES FOR A FUTURE LEGISLATION ITEM REQUESTING THE STATE PAY FOR THE COST OF RECALL ELECTIONS.

DD-MR-BD-ML-BW

X X

63. Board of Supervisors’ Committee Reports and Announcements.

SUPERVISOR DILLON CONGRATULATED ALICE CAPOVILLA, COURT DIVISION SUPERVISOR, ON HER RETIREMENT, AND COMMENTED IT WAS A PLEASURE WORKING WITH SUCH A GREAT COUNTY EMPLOYEE.

64. Board of Supervisors’ Future Agenda Items.

SUPERVISOR DILLON COMMENTED ON CONCERNS EXPRESSED DURING TODAY’S MEETING ON THE PROCESS FOR APPEALS FROM THE PLANNING COMMISSION, AND SUGGESTED IT MIGHT BE SOMETHING TO REVIEW.

SUPERVISOR RIPPEY REQUESTED THAT STAFF PUT TOGETHER DATA REGARDING PAST APPROVALS OF WINERIES IN THE FORM OF A REPORT, SO

64. Continued

THAT PAST PRACTICES COULD BE MORE EASILY UNDERSTOOD, AND THAT INFORMATION SUCH AS SIZE, CAPACITY, AND ACREAGE/PARCEL SIZE COULD POSSIBLY BE USED BY PEOPLE AS A PLANNING TOOL.

WILLIAM CHIAT, COUNTY EXECUTIVE OFFICER, COMMENTED THAT THE PROCEDURAL ISSUES ON THE APPEAL PROCESS WILL BE REVIEWED BY STAFF AND STREAMLINED WHERE POSSIBLE, BUT TO REVIEW THE SUBSTANTIVE PLANNING RULES WOULD TAKE TIME, RESOURCES AND MONEY WHICH ARE NOT CURRENTLY AVAILABLE.

65. Closed Session:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Government Code Section 54956.9 (a))

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

SUPERVISOR DILLON RECUSED HERSELF FROM THIS ITEM AS SHE HAD NOT YET RECEIVED A RULING ON POTENTIAL CONFLICT OF INTEREST FROM THE FAIR POLITICAL PRACTICES COMMISSION.

ROBERT WESTMEYER, COUNTY COUNSEL, ANNOUNCED THE CLOSED SESSION WOULD NOT BE HELD, AND WOULD BE CONTINUED TO JULY 8, 2003, AS THIS RECUSAL LEAVES THE BOARD WITHOUT A QUORUM OF ITS MEMBERS (AS MEMBER LUCE AND CHAIR WAGENKNECHT WERE EXCUSED FOR THIS PORTION OF THE MEETING.)

Adjournment.

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

JULY 8, 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