MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

September 16, 2003

1. Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, SEPTEMBER 16, 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 9:01 A.M.

2. Pledge of Allegiance.

THE SALUTE TO THE FLAG WAS HELD.

3. Presentations and Commendations.

NONE

4. Public Comment.

JACK VICTORBURG SPOKE REGARDING HOUSING IN NAPA COUNTY.

5. Department Directors’ Reports and Announcements.

JOHN TUTEUR, ASSESSOR-RECORDER/COUNTY CLERK/REGISTRAR OF VOTERS REPORTED ON THE CURRENT STATUS OF THE RECALL ELECTION. MR. TUTEUR STATED THE RECALL ELECTION is still going forward, even though THE NINTH CIRCUIT COURT OF APPEALS handed down a decision to POSTPONE IT DUE TO THE FACT THAT SIX COUNTIES IN THE STATE ARE STILL USING PUNCH CARD BALLOTS. HE WENT ON TO SAY THAT WHILE THE THREE-JUDGE PANEL POSTPONED THE ELECTION, THEY STAYED THEIR OWN ORDER UNTIL SEPTEMBER 22, 2003. MR. TUTEUR REITERATED THAT THE ELECTION IS STILL PLANNED FOR OCTOBER 7, 2003 AND URGED PEOPLE TO CONTINUE TO REGISTER TO VOTE THROUGH SEPTEMBER 22, 2003.

MR. TUTEUR STATED THE SAMPLE BALLOTS HAVE BEEN MAILED, AND EXPRESSED SOME CONCERN OVER THE POSSIBILITY OF THE RECALL ELECTION BEING POSTPONED TO MARCH AND THUS COMBINED WITH THE PRESIDENTIAL PRIMARY, LOCAL ISSUES AND THE FIRST USE OF THE NEW ELECTRONIC VOTING MACHINES.

MR. TUTEUR REPORTED THAT THE COUNTY RECEIVED AN ADDITIONAL $363,000 OF FEDERAL MONEY TO PURCHASE ADDITIONAL ELECTRONIC VOTING MACHINES.

MR. TUTEUR ALSO STATED THAT IF SOMEONE HAS ALREADY VOTED AND THE ELECTION IS POSTPONED, THEIR VOTE WILL NOT COUNT, AND THEY WILL

5. Continued

NEED TO REVOTE IN MARCH. IF THE ELECTION IS NOT POSTPONED, THEIR VOTE WILL BE COUNTED.

BOB PETERSON, PUBLIC WORKS DIRECTOR, ANNOUNCED THAT SATURDAY, SEPTEMBER 20, 2003, IS COASTAL CLEAN UP-DAY, FROM 9:00 A.M. TO 1:00 P.M. AND INVITED EVERYONE TO COME OUT AND PARTICIPATE. HE STATED LAST YEAR THERE WERE 180 VOLUNTEERS WHO COLLECTED 5,500 POUNDS OF TRASH FROM NAPA WATERWAYS.

BRUCE HEID, DIRECTOR OF HEALTH AND HUMAN SERVICES, INTRODUCED

DR. TOM CHARRON, INTERIM COUNTY HEALTH OFFICER.

DR. CHARRON STATED IT WAS A PLEASURE TO BE WITH NAPA COUNTY, AS HE HAS A LONG ASSOCIATION WITH THE COUNTY. HE REPORTED HE IS CURRENTLY WORKING ON THE WEST NILE VIRUS AND BIO TERRORISM.

Consent Calendar

6A. District Attorney requests approval of and authorization for the Chair to sign renewal of Agreement No. 3998 with the State of California, Department of Justice, for toxicological drug analysis at the rate of $14 per analysis through September 30, 2003 increasing to $17 per drug analysis, effective October 1, 2003 and revising the term to automatically renew each fiscal year.

A-3998

6B. Chief Probation Officer requests approval of and authorization for the Chair to sign an agreement with the County of Sonoma for the placement of Napa County wards at the Sonoma County Probation Camp at a rate of $3,000 per ward per month, for the term September 16, 2003 through June 30, 2004. A-6119

6C. Sheriff requests approval of Budget Transfer No. 11 increasing appropriations by $40,077 with offsetting revenue from Agreement No. 5092 with the United States Department of Agriculture, Office of Inspector General, for reimbursement of costs of law enforcement activities connected with cockfighting operations in the unincorporated area. (4/5 vote required) BT-11

6D. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4770 with Teletask, Inc., for a maximum of $2,095 for the term July 1, 2003 through June 30, 2004 for maintenance of a voice response and auto dialer system for the Maternal Child Health Department and Women’s, Infants’ and Children’s Program. A-4770

6E. Director of Public Works requests the following:

1) Acceptance of a grant in the amount of $106,440 to assist the Connolly Ranch Facilities Improvement Project, from funds encumbered to Napa County under the Proposition 12 Parks Bond Act of 2000 and administered by the California State Department of Parks and Recreation; and

2) Approval of and authorization for the Chair to sign a Funding Agreement for $100,000 for the term September 16, 2003 through December 31, 2007 between County and the Land Trust to expend the portion of the approved Grant funding allocated by County for use on the Connolly Ranch Facilities Improvement Project.

A-6120

6F. Director of Public Works/Aviation requests approval of and authorization for the Chair to sign the following agreements for the term September 16, 2003 through August 31, 2023:

1) SK Aviation, LLC, to lease 44,014 square feet of airport land; and

A-6121

2) Las Madronas, LLC, to lease 15,750 square feet of airport land.

HELD FOR DISCUSSION A-6122

APPROVED REQUEST ML-MR-BD-DD-BW

6G. Human Resources Director requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 3516 and the related HIPAA Amendment with Managed Health Network extending the term through June 30, 2004 and increasing the monthly rate to $3.89 per employee per month to provide employee assistance services. A-3516

(AMEND. 2)

6H. Human Resources Director requests approval of and authorization for the Chair to sign the following documents extending the term through June 30, 2004 and increasing certain rates for services provided in connection with occupational health issues:

1) Amendment No. 2 to Agreement No. 4527 with Job Care Medical Services Program; and A-4527

(AMEND. 2)

2) Amendment No. 3 to Agreement No. 4346 with WorkHealth Occupational Health Clinic at Queen of the Valley Hospital. A-4346

(AMEND. 3)

6I. Human Resources Director requests approval of and authorization for the Chair to sign the following agreements extending the term through June 30, 2004 for fitness club participation in the County Wellness Program:

1) Amendment No. 2 to Agreement No. 4528 with Exertec Health Systems, Inc. doing business as Exertec Fitness Center; and A-4528

(AMEND. 2)

2) Amendment No. 2 to Agreement No. 4529 with Back Street Fitness, Inc., doing business as Healthquest Fitness and Aerobic Center. A-4529

(AMEND. 2)

6J. Human Resources Director requests adoption of a resolution regarding the following actions in the Treasurer-Tax Collector’s Department, effective September 27, 2003, with no net increase in the total number of positions:

1) Amend the Departmental Allocation List and the Table and Index for the Treasurer-Tax Collector’s Department;

2) Amend the Employer-Employee Relations Policy; and

3) Approve the new class specification for Accounting Specialist.

(Details on file with the Clerk of the Board) R-03-165

6K. County Executive Officer requests approval of the amended County Travel Policy, effective October 1, 2003.

6L. County Executive Officer requests approval of and authorization for the Chair to sign the following letters to the Presiding Judge of the Superior Court regarding the 2002-2003 Grand Jury Final Report:

1) Joint response from Napa County, Napa County Flood Control and Water Conservation District, Cities of American Canyon, Calistoga, Napa, St. Helena, Town of Yountville, and the Napa Sanitation District; and

2) Transmittal of final responses to the Presiding Judge.

6M. Second reading and adoption of an ordinance of the Board of Supervisors of the County of Napa amending Chapter 3.16 of the Napa County Code pertaining to reassessment of damaged or destroyed property.

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)] O-1228

6N. Approve minutes of Board of Supervisors’ meetings of August 26, 2003 and August 20, 2002.

SUPERVISOR DILLON ABSTAINED FROM APPROVAL OF MINUTES FROM 2002.

7. Discussion of items removed from the Consent Calendar.

ITEM 6F WAS HELD FOR DISCUSSION.

APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6N, AS NOTATED ABOVE.

BD-ML-MR-DD-BW

Set Matters – Public Hearings

8A. 9:15 A.M. Special Meeting of the Board of Supervisors meeting as the Board of Directors of the Lake Berryessa Resort Improvement District.

(SEE Lake Berryessa Resort Improvement District MINUTES)

8B. 9:15 A.M. Special Meeting of the Board of Supervisors meeting as the Board of Directors of the Napa-Berryessa Resort Improvement District.

(SEE Napa-Berryessa Resort Improvement District MINUTES)

8C. 9:30 A.M. Board of Supervisors meeting as a Board of Equalization.

(SEE BOARD OF EQUALIZATION MINUTES)

8D. 10:00 A.M. Conservation, Development and Planning Director requests that direction be provided regarding the need to prepare an ordinance amendment to clarify whether caves are required to meet the winery setback requirements of Section 18.104.230 of the Napa County Code.

ENVIRONMENTAL DETERMINATION: Categorical exemption pursuant to Class 5

(CEQA Guidelines Section 15303), Minor alterations to land use limitations.

THE BOARD DIRECTED STAFF TO PREPARE AN AmendMENT TO THE ordinance to conform to staff’s current interpretation of the COUNTY CODE. ML-BD-MR-DD-BW

N

8E. 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)

8F. 2:30 P.M. Consideration of and possible direction to staff regarding the amendment of 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.

THE BOARD DIRECTED STAFF TO PREPARE A REPORT FOR PRESENTATION AT THE OCTOBER 7, 2003 BOARD MEETING, WHICH WOULD OUTLINE A PLAN TO

ADDRESS THE ISSUE, INCLUDING SUPPORTING THE WORK OF THE NAPA COUNTY LEAGUE OF GOVERNMENTS’ (NCLOG) VISITORS’ SERVING COMMITTEE, AND THE CREATION OF A LOCAL TASK FORCE WITH A VARIETY OF REPRESENTATIVES.

Administrative Items

9A. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 3260 with Crestwood Behavioral Health, Inc., for a maximum of $898,533 for the term July 1, 2003 through June 30, 2004 to provide residential mental health services. (CONTINUED FROM SEPTEMBER 9, 2003)

APPROVED REQUEST BD-ML-MR-DD-BW A-3260

9B. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4724 with Locumtenens.com, Inc., increasing the amount by $272,320 for a new maximum of $292,320 to provide recruitment and psychiatric services to the mental health programs.

APPROVED REQUEST MR-DD-BD-ML-BW A-4724

(AMEND. 1)

9C. Emergency Services Manager to discuss and request possible action relative to the creation of a Community Emergency Response Team (CERT) Training Advisory Committee.

THE BOARD APPROVED CREATION OF AN ADVISORY COMMITTEE.

DD-ML-BD-MR-BW

9D. County Executive Officer to present and request approval of recommendations from the Health Partnership Coalition regarding distribution of Tobacco Settlement Funds for the term

October 1, 2003 through September 30, 2004.

APPROVED REQUEST DD-MR-BD-ML-BW

9E. First reading and intention to adopt an ordinance of the Board of Supervisors of the County of Napa, separating the consolidated offices of Public Guardian and District attorney-public administrator, terminating the designation of the District attorney-public Administrator as Public Guardian and Public Conservator, and amending certain sections in chapters 2.24 and 2.32 of the Napa County Code to reorganize the office of the Public Guardian as authorized by Government Code Sections 27430, et seq.

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)]

THIS ITEM WAS REMOVED FROM THE AGENDA BY STAFF and will be placed on the agenda for September 23, 2003.

10. Legislative Items.

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

BILL CHIAT, COUNTY EXECUTIVE OFFICER, REPORTED THAT THREE BILLS OF CONCERN TO THE BOARD DID NOT PASS THROUGH COMMITTEE. THOSE BILLS INCLUDED MONEY TO THE COUNTY FOR SHERIFF’S LAW ENFORCEMENT FUNDS (RASCLEAP), TRAINING FOR CORRECTIONAL OFFICERS AND PROBATION OFFICERS, AND THE OFFICE OF CRIMINAL JUSTICE PROSECUTION GRANTS FOR THE DISTRICT ATTORNEY. HE STATED THESE BILLS TOTALED APPROXIMATELY $750,000, FOR WHICH ADJUSTMENTS WILL HAVE TO BE MADE, AS THIS WAS ANTICIPATED REVENUE.

MR. CHIAT STATED SB 570 (OMNIBUS BILL) PASSED, ALLOWING THE COUNTY TO SEPARATE THE PUBLIC ADMINISTRATOR FROM THE DISTRICT ATTORNEY AT THE NEXT ELECTION. THE BILL ALSO INCREASED THE PURCHASING AUTHORITY OF THE COUNTY EXECUTIVE OFFICER TO $50,000.

MR. CHIAT ALSO REPORTED THAT THE LEGISLATIVE COMMITTEE WILL RECONVENE LATER THIS FALL TO PLAN NEXT YEAR’S LEGISLATIVE PROGRAM.

11. Board of Supervisors’ Committee Reports and Announcements.

SUPERVISOR DILLON REPORTED SHE ATTENDED A MEETING OF THE FOREST PRACTICES COMMITTEE FOR THE BOARD OF FORESTRY ON

SEPTEMBER 9, 2003. SHE STATED THE COMMITTEE WORKED THROUGH SOME OF NAPA COUNTY’S LOCAL RULES AND ADVISED THEY WILL CONTINUE THIS PROCESS DURING NEXT MONTH’S MEETING.

12. Board of Supervisors’ Future Agenda Items.

SUPERVISOR DODD STATED THERE IS CURRENTLY A CRITICAL NEED FOR BALLOON COMPANIES TO HAVE LAUNCHING SITES AND REQUESTED THIS BE AGENDIZED IN THE NEAR FUTURE TO IDENTIFY SHORT-TERM AND LONG-TERM SOLUTIONS.

BILL CHIAT STATED THE ITEM WILL BE PLACED ON THE OCTOBER 7, 2003 AGENDA FOR DISCUSSION AND POSSIBLE DIRECTION TO STAFF.

13. County Executive Officer Reports and Announcements.

BILL CHIAT THANKED THE PUBLIC WORKS DEPARTMENT FOR THE WORK STAFF RECENTLY PERFORMED IN THE BOARD OF SUPERVISORS’ MEETING ROOM.

MR. CHIAT ANNOUNCED THAT THE CODE COMPLIANCE REPORT HAS BEEN RESCHEDULED FOR THE MEETING OF OCTOBER 7, 2003.

14. Closed Session.

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION

(Government Code Section 54957)

Title: County Executive Officer

(CONTINUED FROM SEPTEMBER 9, 2003)

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Government Code Section 54956.9 (a))

Names of cases:

1) 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)

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

CLOSED SESSIONS HELD – NO REPORTABLE ACTION

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

SEPTEMBER 23, 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