MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

October 28, 2003

1. Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, OCTOBER 28, 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.

TOM BERRY, DEPUTY CHIEF, NAPA COUNTY FIRE DEPARTMENT, LED THE SALUTE TO THE FLAG.

3. Presentations and Commendations.

NONE

4. Public Comment.

CANDACE ELIZA SPOKE REGARDING THE WETLANDS AND LACK OF HABITAT FOR THE BIRDS THERE. MS. ELIZA ALSO COMMENTED ON HOUSING FOR DISABLED PERSONS.

5. Department Directors’ Reports and Announcements.

JOHN TUTEUR, ASSESSOR-RECORDER/COUNTY CLERK/REGISTRAR OF VOTERS, ANNOUNCED THAT HIS OFFICE WILL BE REPORTING THE STATEMENT OF VOTE FOR THE RECENT STATEWIDE ELECTION TO THE SECRETARY OF STATE’S OFFICE TODAY.

TOM BERRY, DEPUTY CHIEF, NAPA COUNTY FIRE DEPARTMENT, REPORTED ON THE CURRENT STATUS OF THE FIRES BURNING IN SOUTHERN CALIFORNIA.

MR. BERRY STATED THAT NAPA COUNTY HAS SENT FIRE CREWS TO SOUTHERN CALIFORNIA TO ASSIST, AND SAID THERE WERE CURRENTLY SUFFICIENT FIRE PERSONNEL TO HANDLE DAILY OPERATIONS IN NAPA COUNTY.

Consent Calendar

6A. Director of Child Support Services requests authorization to sign the Plan of Cooperation (POC) with the California Department of Child Support Services for the term November 1, 2003 through September 30, 2004.

6B. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements with psychiatric hospitals for the term July 1, 2003 through

June 30, 2004 to provide managed care inpatient mental health services and mental health services for uninsured clients:

1) Managed care:

a) Renewal of Agreement No. 4135 with St. Helena Hospital dba California Specialty Hospital; and A-4135

2) Uninsured mental health care agreements:

a) Renewal of Agreement No. 4141 with St. Helena Hospital for a maximum of $25,000; and A-4141

b) Renewal of Agreement No. 4142 with St. Helena Hospital dba California Specialty Hospital for a maximum of $100,000. A-4142

SUPERVISOR LUCE ABSTAINED FROM THIS ITEM DUE TO A CONFLICT OF INTEREST.

6C. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4495 with River Oak Center for Children and Families for a maximum of $68,000 for the term July 1, 2003 through June 30, 2004 to provide residential day treatment services. A-4495

6D. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements regarding the Mental Health Outpatient Managed Care Program:

1) Renewals for the term July 1, 2003 through June 30, 2004:

a) Agreement No. 4565 with Joseph Sholders, M.D., for a maximum of $3,000; A-4565

b) Agreement No. 4628 with Nathan Thuma, M.D., for a maximum of $3,500;

A-4628

c) Agreement No. 4857 with Thomas Jackson, M.D., for a maximum of $12,000; A-4857

d) Agreement No. 4586 with Fred Stoddard, M.D., for a maximum of $1,500; and A-4586

e) Agreement No. 4587 with Vinita Wadhwani, M.D., for a maximum of $1,500. A-4587

2) Agreement with Steven E. Shaw, M.D., for a maximum of $5,000 for the term September 1, 2003 through June 30, 2004. A-6161

6E. Director of Health and Human Services requests approval of and authorization for the Chair to sign a Business Associate Agreement with Steven Shaw, M.D., setting forth the terms and conditions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule. A-6162

6F. Director of Health and Human Services and Compliance Officer request acceptance of the Compliance Program Quarterly Report for the period ending September 30, 2003.

6G. Director of Conservation, Development and Planning requests adoption of a resolution authorizing a grant proposal to the California Department of Conservation (DOC) to fund a watershed coordinator position for the Napa River Watershed Conservancy and Watershed Information Center (WIC Conservancy). R-03-185

6H. Director of Public Works requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4753 with Terrance E. Lowell & Associates, Inc. increasing the amount by $6,135 for a new maximum of $12,315 and extending the term to August 31, 2004, for preparation of the Engineer’s Report, calculation of assessments for Fiscal Year 2004/2005, and annexing those parcels that were included in the County Service Area Number 3 Sphere of Influence last year. A-4753

(AMEND. 1)

6I. Director of Public Works/Aviation requests approval of and authorization for the Chair to sign a License Agreement with R.A. Bridgeford, Inc. for a twenty year term expiring on June 30, 2023, with an option to extend the term for an additional six years, for the installation and operation of a 100LL Self-Service Fuel Facility at the Napa County Airport. A-6163

6J. Human Resource Director requests adoption of a resolution amending the Departmental Allocation List with regard to deleting one (1) Chief Fiscal Officer-CPA and adding one (1) Chief Fiscal Officer position in the Health & Human Services Administration Department, effective November 8, 2003. R-03-186

6K. County Executive Officer requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 4198 with the Napa Valley Economic Development Corporation revising the scope of economic development services and changing the maximum compensation amount to $35,000. A-4198

(AMEND. 2)

6L. County Executive Officer requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4872 with Keyser Marston Associates, Inc. extending the termination date to June 30, 2004 to complete the updates of the 1995 Airport Industrial Area Study and 1992 Jobs-Housing Nexus Study. A-4872

(AMEND. 1)

6M. County Executive Officer requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 6919 with Watry Design, Inc. extending the termination date to

June 30, 2004 to complete preliminary design and cost estimating work related to the development of a parking structure. A-6919

(AMEND. 1)

6N. Approve minutes of Board of Supervisors’ meeting of September 30, 2003 (CONTINUED FROM OCTOBER 14, 2003).

7. Discussion of items removed from the Consent Calendar.

NONE

APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6N, AS NOTATED ABOVE. BD-DD-MR-ML-BW

Set Matters – Public Hearings

8A. 9:30 A.M. County Executive Officer requests adoption of a resolution establishing, increasing and decreasing fees for services provided by the Agriculture Commissioner; County Fire Department; Conservation, Development and Planning Department; Environmental Management Department; Environmental Management – Division of Animal Control; and Department of Public Works based upon Countywide User Fee Study provided by Maximus, Inc.

PUBLIC HEARING OPENED– TESTIMONY PRESENTED

THE BOARD DIRECTED STAFF TO PRESENT A PROPOSAL AT THE

NOVEMBER 4, 2003 BOARD OF SUPERVISORS’ MEETING TO ESTABLISH AN

AD-HOC COMMITTEE TO FURTHER REVIEW THE FEE STUDY. THE COMMITTEE WILL INCLUDE SUPERVISORS LUCE AND DODD.

PUBLIC HEARING CONTINUED TO NOVEMBER 18, 2003 AT 10:30 A.M.

8B. 1:30 P.M. Director of Environmental Management requests that a hearing be conducted to consider whether to order abatement of the nuisance by the owner or responsible party, or alternatively by the County if the owner/responsible party fails to do so for property located at

455 Manzanita Drive, Angwin.

PUBLIC HEARING HELD – TESTIMONY PRESENTED

THE BOARD ORDERED THE OWNER TO ABATE THE NUISANCE WITHIN 90 DAYS.

BD-DD-MR-ML-BW

8C. 2:00 P.M. Interview and possible appointment of two members of the public to serve as first and second alternates on the Board of Directors of the Napa County Flood Control and Water Conservation District in the absence of one or two members of the Board of Supervisors.

THE BOARD APPOINTED MR. BRUCE CAKEBREAD AS THE PRIMARY ALTERNATE AND MR. RICHARD MAHER AS THE SECONDARY ALTERNATE.

MR-DD-BD-ML-BW

8D. 2:30 P.M. Director of Conservation, Development and Planning requests:

1) Approval of and authorization for the Chair to sign an agreement with EDAW/Jones and Stokes for an amount not to exceed $1,465,000 for the term November, 2003 through December, 2004 to produce a Baseline Data Report for Napa County and to update and complete the County’s existing Environmental Resources Mapping System; and A-6160

2) Approval of Budget Transfer No. 23 appropriating $465,000 in the Conservation, Development, and Planning budget, with a transfer from Contingency.

(4/5 vote required) BT-23

APPROVED REQUESTS MR-ML-BD-DD-BW

Administrative Items

9A. Director of Public Works and Chief Probation Officer request consideration and possible approval of the following modifications to the Juvenile Justice Center (JJC) Construction Contract Scope of Work with partial offsetting savings from other components of the approved project budget:

1) Develop the shell space on the second floor into offices and work stations at an increased cost not to exceed $ 315,000; and

2) Install updated Photo Voltaic (PV) cells to increase energy generation from

83.6KW to 112KW, at an estimated cost to the project of $115,000.

APPROVED REQUESTS BD-DD-MR-ML-BW

9B. County Executive Officer requests appointment of one (1) member of the Board of Supervisors and one (1) alternate to serve on the California State Association of Counties (CSAC) Board of Directors for the 2004 Association year beginning November 18, 2003 and expiring on

November 17, 2004.

THE BOARD APPOINTED SUPERVISOR WAGENKNECHT AS THE PRIMARY MEMBER AND SUPERVISOR LUCE AS THE ALTERNATE MEMBER.

BD-DD-MR-ML-BW

10. Legislative Items.

NONE

11. Board of Supervisors’ Committee Reports and Announcements.

SUPERVISOR RIPPEY REPORTED THAT HE ATTENDED A RECENT MEETING OF THE COMMISSION ON AGING AND GAVE THEM AN UPDATE ON RECENT BOARD ACTIVITY AND THE STATUS OF THE COUNTY BUDGET. HE STATED THAT THE COMMISSIONERS EXPRESSED AN INTEREST IN A MORE SUBSTANTIAL ROLE OF COMMUNICATING THE NEEDS OF SENIORS TO THE BOARD OF SUPERVISORS. SUPERVISOR RIPPEY ALSO STATED THAT THE COMMISSIONERS WOULD LIKE TO MEET WITH MR. CHIAT, COUNTY EXECUTIVE OFFICER.

SUPERVISOR DODD REPORTED THAT HE ATTENDED THE FALL CONFERENCE FOR THE Association of Bay Area Governments ON OCTOBER 24, 2003. HE STATED THAT ASSEMBLY MEMBER PATRICIA WIGGINS WAS THE KEYNOTE SPEAKER, AND DURING HER SPEECH SHE RECOGNIZED NAPA COUNTY FOR THE PROGRESS MADE THROUGH THE HOUSING AGREEMENTS WITH THE CITIES OF NAPA AND AMERICAN CANYON.

SUPERVISOR DODD ALSO REPORTED ATTENDING THE RECENT MAYOR’S BREAKFAST WITH SUPERVISOR LUCE.

SUPERVISOR LUCE REPORTED ATTENDING THE WINE AND CHOCOLATE

FUNDRAISER, FOR WHICH PROCEEDS ARE USED FOR CHILD ABUSE VICTIMS.

SUPERVISOR WAGENKNECHT REPORTED THAT ON OCTOBER 27, 2003, HE AND SUPERVISOR LUCE PARTICIPATED IN DISCUSSIONS WITH THE TRANSIENT OCCUPANCY TAX WORK GROUP AND STATED THEIR NEXT MEETING IS SCHEDULED FOR DECEMBER 4, 2003.

SUPERVISOR WAGENKNECHT ALSO REPORTED THAT THE FIRST MEETING OF THE PARKS AND OPEN SPACE ADVISORY COMMITTEE WAS HELD ON OCTOBER 25, 2003.

12. Board of Supervisors’ Future Agenda Items.

NONE

13. County Executive Officer Reports and Announcements.

NONE

14. Closed Session.

A. 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. (Case No. 26-22255)

14. Continued

B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code

Section 54957)

Title: County Executive Officer

CLOSED SESSIONS HELD – NO REPORTABLE ACTION.

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

NOVEMBER 4, 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