MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

May 11, 2004

1. Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION ON TUESDAY, MAY 11, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: VICE-CHAIR DIANE DILLON, SUPERVISORS BILL DODD, MIKE RIPPEY AND BRAD WAGENKNECHT. CHAIR MARK LUCE WAS EXCUSED. THE MEETING WAS CALLED TO ORDER BY VICE-CHAIR DILLON AT 9:00 A.M.

2. Pledge of Allegiance.

SHARON BULL, COUNTY FIRE STAFF SERVICES ANALYST, LED THE SALUTE TO THE FLAG.

3. Presentations and Commendations.

NONE

4. Public Comment.

AL CARDWELL SPOKE REGARDING A MARCH 25, 2004 LETTER PUBLISHED IN THE NAPA REGISTER AUTHORED BY JOHN TUTEUR RESPONDING TO A LOCAL RESIDENT’S LETTER TO THE EDITOR REGARDING A POTENTIAL CONFLICT OF INTEREST IN A HOME OWNED BY MR. TUTEUR THAT HAS BEEN RENTED TO THE COUNTY FOR THE PAST 18 YEARS.

CANDACE ELIZA SPOKE REGARDING THE USE OF A VACANT BUILDING AT THE NAPA STATE HOSPITAL FOR PATIENTS WITH MULTIPLE PERSONALITY DISORDER.

5. Department Director’s Reports and Announcements.

KATE DARGAN, FIRE MARSHAL, ANNOUNCED THAT THIS WAS WILDFIRE AWARENESS WEEK AND REPORTED THAT FIRE SEASON HAD BEGUN SEVERAL WEEKS EARLY DUE TO THE CURRENT SEVERE FIRE CONDITIONS. MS. DARGIN REPORTED THAT FROM A FEDERAL LEVEL THE AIR TANKER FLEET HAS BEEN CUT FROM THE BUDGET, WHICH MEANS THAT THE CALIFORNIA DEPARTMENT OF FORESTRY WILL SEE A THIRTY TO FORTY PERCENT CUT IN AIR TANKER FLEET SUPPORT. SHE STATED THAT STATE BUDGET CUTS HAVE REDUCED HAND CREWS AS WELL.

Consent Calendar

6A. District Attorney requests the following actions related to the State Victim Compensation and Government Claims Board Program to track restitution claims filed by crime victims:

1) Adoption of a resolution authorizing the District Attorney to enter into a restitution contract with the State of California; and R-04-63

2) Approval of and authorization for the District Attorney to sign agreements for a maximum of $65,543 for the term July 1, 2004 through June 30, 2005.

6B. District Attorney requests approval to reimburse moving expenses of the Chief Deputy District Attorney as a recruiting accommodation.

6C. County Fire Chief requests approval of and authorization for the Chair to sign an agreement with the Emergency Medical Services Authority to fund a grant in the amount of $2,490 for the purchase of one automated external defibrillator and one training unit. A-6272

6D. Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 6001 with the California Department of Mental Health for the term July 1, 2003 through June 30, 2004 establishing the county’s state hospital bed purchase and usage for this fiscal year. A-6001

6E. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to revenue Agreement No. 4895 with the First 5 Napa County Children and Families Commission extending the term through June 30, 2004 to expend the remaining grant funds. A-4895

(AMEND. 1)

6F. Director of Health and Human Services requests approval of and authorization for the Chair to sign an agreement with Community Resources for Children for a maximum of $25,000 for the term May 11, 2004 through June 30, 2004 to administer and make direct payments to child care service providers. A-6273

6G. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements with Margaret Grimley, M.D., for the term January 1, 2004 through June 30, 2004:

1) Agreement for a maximum of $2,500 to provide services in the Mental Health Outpatient Managed Care Program; and A-6274

6G. Continued

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

A-6274-1

6H. Library Director requests adoption of revisions to two Library policies “Community Meeting Room Policy” and “Displays, Postings and Handouts.”

6I. Director of Public Works requests the following actions relating to the Association of Bay Area Governments (ABAG) San Francisco Bay Trail Regional Development Program grant:

1) Adoption of a resolution approving the County of Napa’s acceptance of the grant in the amount of $140,000 for the construction of approximately 1,300 feet of bicycle lane on Cuttings Wharf Road; and R-04-64

2) Approval of and authorization for the Chair to sign the Construction Grant Agreement with ABAG for the disbursement of the grant funding for the term from its effective date of execution through December 31, 2034. A-6275

6J. Director of Public Works requests approval of and authorization for the Chair to sign Amendment No. 4 to Agreement No. 4719 with Reinard W. Brandley Consulting Airport Engineer increasing the amount by $156,577 for a new maximum of $472,872. A-4719

(AMEND. 4)

6K. Auditor-Controller requests authorization to draw a warrant in the amount of $31,000 from the Napa County Fair Fund, payable to the Napa County Fair, for the purpose of replenishing their operating fund.

6L. Human Resources Director requests the adoption of a resolution amending the Departmental Allocation List for the County Counsel Office with regards to deleting one (0.7) Attorney IV, and adding one (0.8) Attorney IV, effective May 22, 2004. R-04-65

6M. Human Resources Director requests adoption of a resolution amending the Table and Index for the County Executive Officer effective May 8, 2004 R-04-66

6N. Human Resources Director requests adoption of a resolution amending the Departmental Allocation List for the Behavioral Health Division of the Health and Human Services Agency with regards to deleting one (1) Mental Health Counselor - Licensed and one (1) Supervising Mental Health Counselor I - Licensed and adding one (1) Psychiatric Nurse and one (1) Supervising Mental Health Counselor II - Licensed position, effective May 11, 2004. R-04-67

6O. County Counsel requests adoption of a resolution ratifying the appointment of the County Executive Officer effective May 8, 2004 and approving the employment agreement related to the appointment. R-04-68

6P. County Executive Officer requests adoption of a resolution designating the Arts Council of Napa Valley as the County’s Arts Council under the State Local Partnership Program and authorizing the preparation of grant applications if funds become available. R-04-69

6Q. County Executive Officer requests acceptance of resignation of Charles Wilson from the position of Director, Conservation, Development and Planning Department, effective August 2, 2004.

R. County Executive Officer requests the appointment/reappointment of the following individuals to the Advisory Board on Alcohol and Drug Programs:

Name Category of Representation Term Expires

Rhonda R. Goolsby Probation January 1, 2005

Joyce Wallace (reappointment) Interested Citizen January 1, 2007

6S. Approve minutes of Board of Supervisors’ meetings of April 27 and April 20, 2004.

SUPERVISORS DODD AND RIPPEY ABSTAINED FROM THIS ITEM. THE ITEM WILL BE CONTINUED TO THE MAY 18, 2004 AGENDA.

7. Discussion of items removed from the Consent Calendar.

NONE

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

BD-BW-MR-DD-ML

X

Set Matters – Public Hearings

8A. 10:00 A.M. PUBLIC HEARING Thomas Weinert/Weinert - Rezoning Request

#03298-RZG. Director of Conservation, Development and Planning Department requests first and final reading and adoption of ordinance to rezone an 18.84 acre parcel within the unincorporated area of the County from TP (Timber Preserve) to an AP (Agricultural Preserve) zoning district pursuant to Government Code Section 51133. The project is located on the east side of Big Ranch Road, approximately 800 feet south of its intersection with Garfield Lane. (Assessor’s Parcel No. 038-180-020) 2130 Big Ranch Road, Napa.

8A. Continued

ENVIRONMENTAL DETERMINATION: It has been determined that this type of project does not have a significant effect on the environment and is exempt from the California Environmental Quality Act [See Class 5 (Minor Alteration in Land Use Limitations) which may be found in the guidelines for the implementation of the California Environmental Quality Act at 14 CCR 15305].

(PUBLIC HEARING OPEN; CONTINUED FROM MARCH 23, 2004)

PUBLIC HEARING HELD – TESTIMONY PRESENTED

TITLE READ

THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.

BD-BW-MR-DD-ML

X

ADOPTED ORDINANCE BD-BW-MR-DD-ML O-1238

X

8B. 10:05 A.M. Board of Supervisors to consider adoption of a resolution to waive the tax recoupment fees for rezoning a portion of Assessor’s Parcel No. 038-180-020 from Timber Reserve to an Agricultural Preserve based upon request of waiver of $12,509.51 in tax recoupment fees by Thomas Weinert.

ADOPTED RESOLUTION BD-BW-MR-DD-ML R-04-70

X

Administrative Items

9A. Library Director to provide presentation regarding services to areas in the County where there is not a nearby library facility.

PRESENTATION MADE

Legislative Items

10A. The Board may or may not take action on any or all items presented for discussion. (Unanimous vote required)

SB 1703 - Establishes voluntary California certified green business program criteria.

THE BOARD WENT ON RECORD IN SUPPORT OF SB 1703.

MR-BW-BD-DD-ML

X

11. Board of Supervisors’ Committee Reports and Announcements.

SUPERVISOR DODD REPORTED ATTENDING A Napa County Transportation Planning Agency (NCTPA) MEETING ON MAY 5, 2004 WHERE THE AGENCY APPROVED THE TRANSPORTATION TAX CONCEPTUAL PLAN AND STATED THE NEXT STEP IS TO DISTRIBUTE BROCHURES REGARDING THE PLAN. HE STATED NCTPA WILL MEET AGAIN MAY 26, 2004 AT WHICH TIME THEY WILL DECIDE WHETHER OR NOT TO MAKE A RECOMMENDATION TO GO FORWARD WITH THE TAX.

SUPERVISOR RIPPEY INQUIRED REGARDING THE TIMING TO BALANCE THE DATES AVAILABLE AND OBTAINING AS MUCH CONSENSUS AS POSSIBLE AND WHETHER OR NOT THAT WAS INCLUDED IN THE DISCUSSIONS.

SUPERVISOR DODD STATED THERE IS GENERAL CONSENSUS ON MOST ISSUES WITH THE EXCEPTION OF THE WIDENING OF JAMESON CANYON. HE STATED THERE WAS STILL A LOT OF WORK TO BE DONE. HE STATED THERE IS A SCHEDULE AFTER MAY 26 THAT INCLUDES PRESENTATIONS BY NCTPA TO ALL FIVE CITIES AS WELL AS THE COUNTY. THE NEXT STEP WOULD BE FOR THE NCTPA TO VOTE IN JUNE WHETHER OR NOT TO MAKE A RECOMMENDATION TO THE BOARD TO CALL AN ELECTION FOR THE TAX.

SUPERVISOR WAGENKNECHT REPORTED HE AND SUPERVISOR DODD ATTENDED TWO HOUSING MEETINGS ON MAY 10, 2004. HE SAID THE COUNTY WAS ASKED TO CONSIDER LOANING $500,000 FOR UPGRADES ON FARMWORKER HOUSING CAMPS FOR MONDAVI AND CALISTOGA AND STATED THE TRUST FUND VOTED TO ALLOW STAFF TO CONTINUE RESEARCHING THOSE UPGRADES.

SUPERVISOR WAGENKNECHT ALSO REPORTED THERE WAS A PARKS AND OPEN SPACE COMMITTEE RETREAT ON MAY 8, 2004 AT CONNELLY RANCH, AND THAT THERE WAS A GOOD DISCUSSION ON HOW TO PROCEED TO A PARKS AND OPEN SPACE DISTRICT.

12. Board of Supervisors’ Future Agenda Items.

SUPERVISOR DILLON REQUESTED NCTPA COME BEFORE THE BOARD PRIOR TO MAY 26, 2004 TO PARTICIPATE IN FURTHER DISCUSSION REGARDING THE POTENTIAL TAX.

SUPERVISOR RIPPEY REQUESTED IN THE SPIRIT OF COOPERATION, TO HAVE A POLICY FOR BOARD COMMITTEE ASSIGNMENTS, AND REQUESTED STAFF PRESENT A DRAFT POLICY TO THE BOARD FOR APPROVAL.

13. County Executive Officer Reports and Announcements.

NANCY WATT, COUNTY EXECUTIVE OFFICER, REPORTED THE GOVERNOR’S MAY REVISE IS SCHEDULED TO BE RELEASED THURSDAY, MAY 13, 2004.

MS. WATT STATED THE GOVERNOR’S FINANCE DIRECTOR ISSUED A PRESS RELEASE REGARDING AGREEMENTS THAT HAD BEEN REACHED WITH THE ADMINISTRATIVE OFFICE OF THE COURTS TO INCREASE THEIR FUNDING

AND OPEN THE DOOR FOR POTENTIAL EMPLOYEE/UNION CONTRACT BARGAINING. SHE STATED THE PROPOSAL INCLUDED A PROVISION REGARDING FEES AND THE END OF WAIVERS OF VARIOUS FEES THAT THE COUNTY WILL THEN HAVE TO PAY.

MS. WATT ALSO ANNOUNCED THAT SHE, SUPERVISORS DODD AND WAGENKNECHT, AND CEO STAFF ANDREW CAREY AND HOWARD SIEGEL WILL ATTEND THE THIRD ANNUAL LEAVE OUR COMMUNITY ASSETS LOCAL COALITION (LOCAL) MEETING IN SACRAMENTO ON MAY 12, 2004. SHE STATED THAT THE GOVERNOR IS SCHEDULED TO CONDUCT A PRESS RELEASE IN THE MORNING AND HOLD A SESSION WITH CITY, COUNTY AND SPECIAL DISTRICT REPRESENTATIVES WHO ARE IN ATTENDANCE IN THE AFTERNOON.

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)

CLOSED SESSION HELD – NO REPORTABLE ACTION

B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9:

(One case)

SUPERVISOR RIPPEY RECUSED HIMSELF FROM THIS CLOSED SESSION DUE TO POTENTIAL CONFLICT OF INTEREST.

CLOSED SESSION HELD – NO REPORTABLE ACTION

C. CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6):

Agency Designated Representatives: Dennis Morris, Human Resources Director

Employee Organization: SEIU Local 614 - NAPE (Employee Unit & Supervisory Unit of the County of Napa)

Unrepresented Employees: Non-Classified, Management and Confidential Employees of the County of Napa (Excluding Elected Officials)

CLOSED SESSION HELD – NO REPORTABLE ACTION

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

MAY 18, 2004 AT 9:00 A.M.

____________________________________

MARK LUCE, Chairperson

ATTEST: _____________________________________

PAMELA MILLER, Clerk of the Board

KEY

Vote: ML = Mark Luce; DD = Diane Dillon; BD = Bill Dodd; MR = Mike Rippey; BW = Brad Wagenknecht

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