MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

August 26, 2003

1. Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, AUGUST 26, 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.

TIM STREBLOW, ASSISTANT CHIEF OF CALIFORNIA DEPARTMENT OF FORESTRY, NAPA COUNTY FIRE DEPARTMENT, LED THE SALUTE TO

THE FLAG.

3. Public Comment.

VINCENT BLAKE SPOKE ABOUT THE DECISION OF THE LAWSUIT IN WHICH HE WAS INVOLVED WITH THE NAPA RIVER RECLAMATION DISTRICT. MR. BLAKE COMMENTED THAT THE DECISION STATED THE DISTRICT HAD NO LEGAL STANDING TO SUE THE HOMEOWNERS OF MILTON ROAD FOR PUBLIC NUISANCE, AND THAT THE DISTRICT IS RESPONSIBLE FOR FLOOD CONTROL ON MILTON ROAD. MR. BLAKE QUESTIONED IF THERE WAS A WAY TO GET THE MONEY BACK HE SPENT ON THE LAWSUIT OR FOR THE FLOOD CONTROL WORK HE HAS ALREADY DONE ON HIS PROPERTY.

4. Presentations and Commendations.

NONE

5. Department Directors’ Reports and Announcements.

BEN WILSON, INFORMATION TECHNOLOGY SERVICES DIRECTOR, ANNOUNCED A NEW COUNTY WEBSITE WAS LAUNCHED LAST WEEK, STATING IT IS A USER-BASED WEBSITE FOCUSING ON SERVICING THE COMMUNITY. HE STATED HE IS LOOKING FOR FEEDBACK PRIOR TO ISSUING A PRESS RELEASE.

Consent Items

Law & Justice

6A. Chief Probation Officer requests the following actions regarding coordination of the Peer Court Program to divert minors from the Juvenile Court:

1) Approval of and authorization for the Chair to sign the renewal of Agreement

No. 4802 with Isadora Asch for a maximum of $33,300 for the term July 1, 2003 through June 30, 2004; and A-4802

2) Approval of Budget Transfer No. 5 increasing appropriations by $33,300 with offsetting revenue from the Care of Court Wards Trust Fund. (4/5 vote required) BT-5

Public Safety

6B. Director of Corrections requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4718 with Terri Chapman for a maximum of $20,000 for the term

July 1, 2003 through June 30, 2004 to provide inmate training and supervise family visitation sessions. A-4718

(AMEND. 1)

Human Services

6C. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4585 with California State University, Sacramento Foundation, for a maximum of $2,400 per student per year for the term August 1, 2003 through July 31, 2004 to provide stipends for field work performed at the Health and Human Services Agency. A-4585

6D. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements with Denise Layten, MFT, for the term August 26, 2003 through June 30, 2004:

1) An agreement for a maximum of $2,500 to provide services in the Mental Health Outpatient Managed Care program; and A-6110

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

A-6111

Community Resources & Infrastructure

6E. Director of Conservation, Development and Planning requests establishment of and appointment of Mark Luce and Mike Rippey to the Program Environmental Impact Report’s Baseline Data Report Consultant Selection Committee.

6F. Library Director requests approval of and authorization for the Chair to sign the renewal of Agreement No. 3019 with the County of Solano for a maximum of $371,000 for the term

July 1, 2003 through June 30, 2004 for the provision of automation services to the Napa

City-County Library by the County of Solano Library Department. A-3019

6G. Director of Public Works requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 6008 with Edd Clark Associates, Inc. in the amount of $12,015 for a new maximum of $61,215 for the removal of contaminated soil at the Calistoga Maintenance Facility.

A-6008

(AMEND. 1)

6H. Director of Public Works requests approval of plans and specifications for the “Milton Road Culvert Replacement Project,” PW 03-10, authorization to advertise for bids and setting

3:30 P.M. on September 11, 2003 for opening of sealed bids.

6I. Director of Public Works requests award of the contract for the “Napa County Re-Roof Hall of Justice and Historic Courthouse Project,” PW 03-01, to Best Roofing & Waterproofing, Inc., of Hayward, California, for their low bid of $259,900, and authorization for the Chair to sign the construction contract. A-6112

General Administration & Finance

6J. Human Resources Director requests adoption of Retirement Resolution No. 03-135 for

Lance Bonds, Appraiser III, in recognition of over 34 years of service. R-03-135

6K. Human Resources Director requests adoption of a resolution amending the Departmental Allocation List for Information Technology Services with regards to deleting one (1) Information Services Manager I/II Limited Term and one (1) Senior Information Systems Specialist/Information Systems Specialist I/II, and adding one (1) Information Services Manager I/II, effective September 27, 2003. R-03-138

6L. Regional Training Employment Coordinator requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 4603 with the U. S. Department of Labor, Office of Disability Employment Policy for Year 3 funding for a maximum of $749,394 for the term September 30, 2003 through September 29, 2004, to continue Project I.N.C.L.U.S.I.O.N, a program enhancing the capacity of the One-Stop Center serving people with disabilities seeking employment. A-4603

(AMEND. 2)

6M. Regional Training Employment Coordinator requests authorization for the Chair to sign a regional consortium grant application for $2,645,000 over 36 months to the United States Department of Labor for H-1B visa funds for the purpose of training high skill technology workers in the four North Bay counties of Napa, Solano, Sonoma and Marin.

6N. County Executive Officer requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 6011 with Berryessa Trails and Conservation extending the term through December 31, 2003, to develop and provide outreach activities regarding trails and recreational plans for the Lake Berryessa area. A-6011

(AMEND. 1)

7. Discussion of Items removed from the Consent Calendar.

NONE

APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6N.

BD-DD-MR-ML-BW

Set Matters – Public Hearings

8A. 9:15 A.M. Presentation by Richard Burns of the California Bureau of Land Management on the Knoxville area and the Quail Ridge Conservancy. (Supervisor Dillon)

PRESENTATION MADE

THE BOARD APPROVED CONSIDERATION OF AN ORDINANCE PROHIBITING THE USE OF PAINTBALL GUNS AND FIREARMS IN THE QUAIL RIDGE AREA.

BD-DD-MR-ML-BW

THE BOARD DIRECTED STAFF TO DRAFT A LETTER OF CONCURRENCE TO MOVE ONE EXISTING GATE AND ADD TWO ADDITIONAL GATES TO CLOSE OFF ACCESS IN THE KNOXVILLE AREA, AS WELL AS APPROVAL OF CONSTRUCTION OF SEVERAL TRAILS LINKING THE GATES.

Administrative Items

Human Services

9A. Director of Health and Human Services to discuss the results of the Exclusive Operating Area (EOA) 1 subcommittee for Advanced Life Support (ALS) ambulance services for the Upvalley area and request the following actions:

1) Adopt ambulance services consistent with Level of Service B (as noted in the Board Letter), requiring no financial subsidy; and

9A. Continued

2) Direct staff to negotiate an exclusive contract with Piner’s Ambulance Service as provided for in Section 1797.224 of the California Health and Safety Code for emergency advanced life support services in Napa County EOA 1.

APPROVED REQUEST DD-BD-MR-ML-BW

General Administration & Finance

9B. Auditor-Controller to present the following related to the County's budget:

1) Housing Trust Fund and Loan Accounting;

2) State Statutes on the use of Reserves and Designations;

3) Policy on the use of Contingencies.

PRESENTATION MADE

9C. Information Technology Services Director requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 4729 with Towill, Inc., increasing the amount by $179,000 for a new maximum of $869,750, for additional digital terrain data within the Napa River Watershed.

APPROVED REQUEST BD-DD-MR-ML-BW A-4729

(AMEND. 2)

9D. County Executive Officer requests approval of Budget Transfer No. 8 establishing and appropriating General and non-General Fund balances for Fiscal Year 2003/2004 budgets.

(4/5 vote required)

APPROVED REQUEST MR-DD-BD-ML-BW BT-8

9E. County Executive Officer requests adoption of a resolution creating the Napa County Parks and Open Space Advisory Committee.

ADOPTED RESOLUTION BD-MR-ML-DD-BW R-03-157

9F. County Executive Officer requests the appointment of one of the following individuals to the Napa River Watershed Conservancy/Watershed Information Center (WIC) Board of Directors representing the general public with the term of office to be determined:

Katherine (Kate) Dargan

Lowell Downey

Karen Jean Bower Turjanis

SUPERVISOR LUCE NOMINATED AND THE BOARD APPOINTED

Katherine (Kate) Dargan.

ML-DD-BD-MR-BW

Legislative Items

10A. S 1342 and HR 2656: To amend the Graton Rancheria Restoration Act to give the Secretary of the Interior discretion regarding taking land into trust.

THE BOARD WENT ON RECORD IN SUPPORT OF S 1342 AND HR 2656.

DD-MR-BD-ML-BW

11. Board of Supervisors’ Committee Reports and Announcements.

SUPERVISOR LUCE REPORTED THAT THE RECENT BOWL-A-THON RAISED APPROXIMATELY $6,500 FOR ASTHMA RESEARCH.

SUPERVISOR DILLON COMMENTED ABOUT THE RECENT PRESS REGARDING LAKE BERRYESSA, STATING THERE IS A LOT OF ACTIVITY SURROUNDING THE PENDING RELEASE OF THE ENVIRONMENTAL IMPACT STUDY.

SUPERVISOR DILLON REPORTED THAT AT LAST WEEK’S MEETING OF THE REGIONAL COUNCIL OF RURAL COUNTIES THERE WAS DISCUSSION REGARDING THE VARIOUS INITIATIVES SPONSORED BY SENATOR MCCLINTOCK REGARDING THE VEHICLE LICENSE FEES, AND STATED THAT ONE OR MORE OF THE INITIATIVES PROHIBITS COUNTIES FROM IMPOSING NEW FEES. SHE REQUESTED STAFF WATCH THESE INITIATIVES.

12. Board of Supervisor’s future agenda items.

NONE

13. County Executive Officer Report.

NO REPORT

14. Closed Session.

Conference with Legal Counsel - Existing Litigation

(Government Code Section 54956.9 (a))

Name of case: Jorge Deharo, Hector Olvera, Latinos Unidos de Napa, an Unincorporated Association v. County of Napa et. al. (Napa County Superior Court Case No. 26-22255)

CLOSED SESSION HELD – NO REPORTABLE ACTION.

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

SEPTEMBER 9, 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