MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

August 5, 2003

1. Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, AUGUST 5, 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 9:02 A.M.

2. Pledge of Allegiance.

KIM HENDERSON, STAFF SERVICES MANAGER, PUBLIC WORKS DEPARTMENT, LED THE SALUTE TO THE FLAG.

3. Presentation of proclamation proclaiming August, 2003 to be “Child Support Awareness Month” in Napa County.

PRESENTATION MADE

4. Public Comment.

NONE

5. Department Directors’ Reports and Announcements.

NONE

Consent Calendar

6. Chief Probation Officer requests approval of and authorization for the Chair to sign the renewal of revenue Agreement No. 4434 with the Napa County Office of Education for the period

July 1, 2003 to June 30, 2004 in the amount of $52,000 to fund the placement of a Deputy Probation Officer at Liberty High School. A-4434

7. Chief Probation Officer and Director of Health and Human Services request the following actions regarding acceptance of a donation from the Dahl Family Trust:

A. Authorization to accept a donation in the amount of $85,179.76 from the Dahl Family Trust for the Juvenile Hall ($21,294.94), Child Protective Services ($21,294.94), Children’s Trust Fund ($21,294.94), and the Family Planning Clinic ($21,294.94); and

B. Approval of Budget Transfer No. 6 increasing appropriation by $63,885 with offsetting revenue in the Juvenile Hall and Social Service budgets for staff and equipment expenses, with the remaining $21,294 transferred directly to the Children’s Trust Fund.

(4/5 vote required) BT-6

8. District Attorney requests the following actions in connection with the Department of Justice Spousal Abuser Prosecution Program:

A. Authorization to submit the grant proposal in the amount of $39,913; and

B. Adoption of a resolution approving $6,652 in County General Fund monies as match.

R-03-123

9. Treasurer/Tax Collector requests adoption of a resolution confirming continued participation in the Local Agency Investment Fund and clarifying the parties authorized to perform this function.

R-03-124

10. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 3534 with Mental Health Consumer Concerns for a maximum of $80,600 for the term July 1, 2003 through June 30, 2004 to provide mental health patient rights advocacy services. A-3534

11. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of revenue Agreement No. 3700 with the California Department of Health Services for $26,037 for the term July 1, 2003 through June 30, 2004 for the Child and Infant Immunization program. A-3700

12. Director of Health and Human Services requests approval of and authorization for the Chair to sign renewals of the following agreements with COPE Family Center for the term July 1, 2003 through June 30, 2004:

A. Agreement No. 3724 for a maximum of $190,546 to provide services under the Family Preservation and Support Program; and A-3724

B. Agreement No. 4668 for a maximum of $29,782 to provide home visitation to CalWORKs clients. A-4668

13. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4204 with Alternatives for Better Living, Inc. for a maximum of $140,000 for the term July 1, 2003 through June 30, 2004 for provision of services to the Napa County Adult Drug Court. A-4204

14. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4455 with Psychiatric Resource, Inc. for a maximum of $20,000 for the term July 1, 2003 through June 30, 2004 to provide recruitment and psychiatric services to the mental health program. A-4455

15. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 5060 with Community Action of Napa Valley, Inc. for a maximum of $71,586 for the term July 1, 2003 through June 30, 2004 for provision of services to the Napa County Juvenile Drug Court. A-5060

16. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4710 with Robert Zemanek, MFT, increasing the amount by $8,400 for a new maximum of $11,900 to provide counseling services in the Children’s Behavioral Health and Child Welfare Services Programs. A-4710

(AMEND. 1)

17. Director of Health and Human Services and Compliance Officer request acceptance of the Compliance Program Quarterly Report for the period ending June 30, 2003.

18. Agricultural Commissioner requests approval of and authorization for the Chair to sign the renewal of the following agreements with the California Department of Food and Agriculture (CDFA) and the United States Department of Agriculture (USDA) to perform services for the term July 1, 2003 through June 30, 2004:

A. Agreement No. 4212 for the reimbursement of expenditures associated with the enforcement of the California Organic Foods Act with revenue not to exceed $1,400;

A-4212

B. Agreement No. 4339 for the reimbursement of expenditures associated with the detection and exclusion of the Glassy-winged Sharpshooter with revenue not to exceed $447,726;

A-4339

C. Agreement No. 1812 for the reimbursement of expenditures associated with insect detection trapping services with revenue not to exceed $53,843; and A-1812

D. Agreement No. 2036 for payment of expenditures not to exceed $60,525 to provide animal damage control. A-2036

19. Director of Public Works requests approval of plans and specifications for the “Skyline Wilderness Park Entrance Improvements Project,” PW 02-28, authorization to advertise for bids and setting 3:30 P.M. on August 21, 2003 for opening of sealed bids.

20. Director of Public Works requests award of the contract for the “2003 Airport Expansion Project,” PW 02-06, to North Bay Construction, Inc. of Petaluma, California, for their low bid of $998,968 and authorization for the Chair to sign the construction contract for various Airport projects.

21. Emergency Services Manager requests approval of and authorization for the Chair to sign an agreement with John R. Volpi for a maximum of $3,000 for the term July 28, 2003 through December 15, 2003 to assist in updating the Emergency Operations Plan. A-6099

22. Human Resources Director requests adoption of a resolution approving the revised class specification for the position of Juvenile Hall Superintendent, effective August 5, 2003.

R-03-125

23. County Executive Officer requests adoption of resolution authorizing application to the California Integrated Waste Management Board for a Local Government Waste Tire Public Education and Amnesty Day Grant. R-03-126

24. County Executive Officer requests acceptance of and approval to transmit to the Presiding Judge of the Superior Court the responses submitted by the Auditor-Controller, County Executive Office, and Information Technology Services to the Grand Jury Audit Report for Fiscal Year 2001/2002. (Details on file with the Clerk of the Board)

25. County Executive Officer/Purchasing Agent requests a waiver of competitive bidding requirements to make a sole source award for the purchase of Library shelving and furniture from the Ross McDonald Company for a total of $13,141 pursuant to County Ordinance Code 2.36.090.

26. Approve minutes of Board of Supervisors’ meetings of July 22 and July 15, 2003 and

September 3, 2002.

27. Discussion of items removed from the Consent Calendar.

NONE

APPROVED CONSENT CALENDAR ITEMS 6 THROUGH 26.

BD-ML-MR-DD-BW

Set Matters

28. 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)

29. 9:30 A.M. The Board of Supervisors meeting as the Board of Directors of the Lake Berryessa Resort Improvement District.

(SEE LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)

30. 9:30 A.M. The Board of Supervisors meeting as the Board of Directors of the Napa Berryessa Resort Improvement District.

(SEE NAPA BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)

31. 9:30 A.M. The Board of Supervisors meeting as the Board of Directors of the Silverado Community Services District.

(SEE SILVERADO COMMUNITY SERVICES DISTRICT MINUTES)

32. 9:30 A.M. The Board of Supervisors meeting as the Board of Trustees of the Monticello Public Cemetery District.

(SEE MONTICELLO PUBLIC CEMETERY DISTRICT MINUTES)

33. 9:30 A.M. PUBLIC HEARINGS Director of Public Works requests the following actions relating to County Service Area No. 3 (CSA #3):

A. Open Public Hearing to consider any objections or protests with respect to the assessments for structural fire protection (the “Fire Protection Assessment”) and the street side landscaping, street lighting and street sweeping services (the “Street Assessment”) proposed for adoption in CSA #3.

B. Close Public Hearing and adopt resolution authorizing and levying assessments for Fiscal Year 2003/2004.

PUBLIC HEARING HELD

ADOPTED RESOLUTION BD-MR-ML-DD-BW R-03-132

C. Open Public Hearing to accept testimony on the Fiscal Year 2003/2004 budget, with a total appropriation of $414,424.

D. Close Public Hearing and continue consideration of the Fiscal Year 2003/2004 budget to August 12, 2003 at 9:15 A.M. for final adoption.

PUBLIC HEARING HELD

CONSIDERATION OF BUDGET CONTINUED TO AUGUST 12, 2003 AT 9:15 A.M.

BD-ML-MR-DD-BW

34. 9:30 A.M. PUBLIC HEARINGS County Counsel requests the following actions relating to County Service Area No. 4 (CSA #4):

A. Open Public Hearing to consider any objections or protests with respect to the assessments proposed for CSA #4 for the 2003/2004 Fiscal Year.

34. Continued

B. Close Public Hearing and adopt resolution authorizing and levying assessments in the amount of $8.33 per planted vineyard acre for Fiscal Year 2003/2004 on qualifying properties in CSA #4.

PUBLIC HEARING HELD

ADOPTED RESOLUTION MR-BD-ML-DD-BW R-03-133

C. Open Public Hearing to accept testimony on the Fiscal Year 2003/2004 budget, with a total appropriation of $381,913.

D. Close Public Hearing and continue consideration of the Fiscal Year 2003/2004 budget to August 12, 2003 at 9:15 A.M. for final adoption.

PUBLIC HEARING HELD

CONSIDERATION OF BUDGET CONTINUED TO AUGUST 12, 2003 AT 9:15 A.M.

BD-DD-MR-ML-BW

35. 9:30 A.M. PUBLIC HEARING County Counsel requests the following actions relating to the Napa County Winegrape Pest & Disease Control District (WP&DCD):

A. Open Public Hearing to consider any objections or protests with respect to the assessments proposed for WP&DCD for the 2003/2004 Fiscal Year.

B. Close Public Hearing and adopt resolution authorizing and levying assessments in the amount of $3.82 per planted vineyard acre for Fiscal Year 2003/2004 on qualifying properties in the WP&DCD.

PUBLIC HEARING HELD

ADOPTED RESOLUTION DD-BD-MR-ML-BW R-03-134

36. 9:30 A.M. PUBLIC HEARING Napa County Fire Chief requests the following actions relating to the Fiscal Year 2003/2004 Budget for the Multi-Agency Hazardous Incident Response Team, Fund 2050:

A. Open Public Hearing and accept public testimony on the Fiscal Year 2003/2004 budget, with a total appropriation of $55,000.

B. Close Public Hearing and continue consideration of the Fiscal Year 2003/2004 budget to August 12, 2003 at 9:15 A.M. for final adoption.

PUBLIC HEARING HELD

CONSIDERATION OF BUDGET CONTINUED TO AUGUST 12, 2003 AT 9:15 A.M.

DD-MR-BD-ML-BW

37. 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)

38. 2:30 P.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, MAY 20 AND JUNE 24, 2003.) APPLICANT AND APPELLANT REQUEST CONTINUANCE TO NOVEMBER 18, 2003 AT 11:00 A.M.

PUBLIC HEARING CONTINUED TO NOVEMBER 18, 2003 AT 11:00 A.M.

MR-ML-BD-DD-BW

Regular Calendar

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

ALICE HUGHEY, CEO ANALYST III, PRESENTED A REPORT DETAILING THE TRACKING OF LEGISLATIVE ITEMS PREVIOUSLY PRESENTED TO THE BOARD.

MS. HUGHEY ALSO REPORTED THERE ARE SEVERAL TRAILER BILLS STILL REMAINING TO BE APPROVED BY THE STATE SENATE WHEN THEY RECONVENE. SHE REQUESTED AND RECEIVED APPROVAL FROM THE BOARD FOR ONGOING SUPPORT OF SHERIFF’S LAW ENFORCEMENT FUNDS (RASCLEAP), AND TRAINING FOR CORRECTIONAL OFFICERS AND PROBATION OFFICERS.

MS. HUGHEY GAVE AN UPDATE ON THE LAST LEGISLATIVE SUBCOMMITTEE MEETING, STATING THE COMMITTEE ASKED FOR MORE INFORMATION ON THE FOLLOWING ITEMS: AB 719; BUDGET ACCOUNTABILITY ACT; POSSIBLE California Environmental Quality Act (CEQA) EXEMPTIONS FOR VINEYARD RE-PLANTINGS; AND PAYMENT IN LIEU OF TAXES.

THE SUBCOMMITTEE DECIDED TO TAKE NO POSITION ON THE FOLLOWING BALLOT MEASURES: ACA 14 AND SCA 11. (REDUCING FROM TWO-THIRDS TO 55% THE LOCAL VOTER REQUIREMENT TO INCUR INDEBTEDNESS FOR TAXES OR GENERAL OBLIGATION BONDS FOR SPECIFIC PURPOSES.)

MS. HUGHEY REPORTED THE COUNTY’S LEGISLATIVE ADVOCATE IS LOOKING AT A POSSIBLE OMNIBUS BILL AUTHORED BY SENATOR WESLEY CHESBRO THAT WOULD INCLUDE INCREASING THE COUNTY PURCHASING AGENT AUTHORITY DOLLAR LIMIT, AND CHANGING THE PUBLIC ADMINISTRATOR POSITION TO AN APPOINTED POSITION. MS. HUGHEY STATED THAT ON NEXT WEEK’S AGENDA THERE WILL BE A RESOLUTION CALLING FOR SUPPORT FOR INCREASED WORKFORCE INVESTMENT ACT FUNDING.

40. Board of Supervisors’ Committee Reports and Announcements.

NONE

41. Board of Supervisors’ Future Agenda Items.

NONE

42. County Executive Officer Report.

WILLIAM CHIAT, COUNTY EXECUTIVE OFFICER, REPORTED ON THE CURRENT

STATUS OF THE STATE BUDGET.

MR. CHIAT STATED THAT NEGOTIATIONS ON HOUSING WITH THE CITIES OF NAPA AND AMERICAN CANYON WERE GOING WELL.

MR. CHIAT REPORTED THAT HE AND SUPERVISOR WAGENKNECHT MET WITH SOME OF THE SUPPORTERS OF THE PROPOSED PARKS AND OPEN SPACE DISTRICT RECENTLY APPROVED BY THE BOARD, AND STATED THAT ON AUGUST 26, 2003, STAFF WILL BE PRESENTING A REPORT TO THE BOARD ON THIS ITEM.

43. Closed Session.

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: (One case)

CLOSED SESSION HELD – NO REPORTABLE ACTION.

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

AUGUST 12, 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