MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

January 6, 2004

1. Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION, TUESDAY, JANUARY 6, 2004 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.

DON RIDENHOUR, ASSISTANT DIRECTOR OF PUBLIC WORKS, LED THE SALUTE TO THE FLAG.

3A. 9:00 A.M. - Board of Supervisors’ Organization for 2004.

1) Election of Officers (Chairperson and Vice-Chairperson)

THE BOARD ELECTED SUPERVISOR LUCE AS CHAIRPERSON AND SUPERVISOR DILLON AS VICE-CHAIRPERSON.

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3B. 9:00 A.M. - Board of Supervisors sitting as the Board of Equalization.

(SEE BOARD OF EQUALIZATION MINUTES)

3C. 9:00 A.M. - Special Meeting - Board of Supervisors sitting as the Napa County Public Improvement Corporation.

(SEE Napa County Public Improvement Corporation MINUTES)

3D. 9:00 A.M. - Special Meeting - Board of Supervisors sitting as the Napa County Housing Authority.

(SEE Napa County Housing Authority MINUTES)

3E. 9:00 A.M. - Special Meeting - Board of Supervisors sitting as the Board of Trustees of the Monticello Public Cemetery District.

(SEE Monticello Public Cemetery District MINUTES)

3F. 9:00 A.M. - Special Meeting - Board of Supervisors sitting as the Board of Directors of the Silverado Community Services District.

(SEE Silverado Community Services District MINUTES)

3G. 9:00 A.M. - Special Meeting - Board of Supervisors sitting as the Board of Directors of the

Napa-Berryessa Resort Improvement District.

(SEE Napa-Berryessa Resort Improvement District MINUTES)

3H. 9:00 A.M. - Special Meeting - Board of Supervisors sitting as the Board of Directors of the

Lake Berryessa Resort Improvement District.

(SEE Lake Berryessa Resort Improvement District MINUTES)

4. Public Comment.

NONE

5. Department Directors’ Reports and Announcements.

NONE

Consent Calendar

6A. Director of Health and Human Services requests approval of the following actions regarding the California Department of Mental Health for the term July 1, 2003 through June 30, 2004:

1) Authorization for the Chair to sign the renewal of Agreement No. 2390 for a maximum of $209,975 for the Conditional Release Program (CONREP); and

2) Budget Transfer No. 36 increasing appropriations by $31,027 in the Mental Health Budget (BU 42000) to fund salary and benefits. (4/5 vote required)

ITEM REMOVED FROM AGENDA

6B. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements with the Napa Valley Unified School District, Napa Valley Adult School:

1) Renewal of Agreement No. 4597 for a maximum of $10,000 for the term

July 1, 2003 through June 30, 2004 to provide training to clients participating in the Training and Employment Center program; and A-4597

2) Amendment No. 1 to Agreement No. 5096 increasing the amount by $3,025 for a new maximum of $47,792 to provide training services to clients in the Knowledge Administration Training (KAT) project. A-5096

(AMEND. 1)

6C. Director of Health and Human Services requests approval of and authorization for the Chair to sign an agreement with David Mellow, dba Medical Emergency Dynamics, for a maximum of

$4,500 for the term January 6, 2004 through June 30, 2004 to provide Emergency Medical Services trainings. A-6230

6D. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements regarding residential mental health services:

1) Residential Mental Health Agreements:

a) Agreement with Catholic Charities for a maximum of $44,000 for the term June 1, 2003 through June 30, 2004; and A-6231

b) Agreement with Sunny Hills Children’s Garden for a maximum of $60,000 for the term July 1, 2003 through June 30, 2004. A-6232

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

a) Catholic Charities, CYO; and A-6233

b) Sunny Hills Children’s Garden. A-6234

6E. Director of Health and Human Services requests approval of Budget Transfer No. 37 appropriating $70,000 from the Tobacco Settlement Trust Fund to the Alcohol and Drug budget to fund contract expenditures. (4/5 vote required) BT-37

6F. Library Director requests authorization to accept a donation of $1,012 from the Sunrise Rotary Club of Napa County.

6G. Director of Public Works requests the following:

1) Reject all bids for the “Minor Modifications at the Napa City/County Library and the Corrections Facility Project,” PW 03-02, due to an irregularity on the low bidders list of subcontractors; and

2) Approve plans and specifications for the “Minor Modifications at the Napa City/County Library and the Corrections Facility Project,” PW 03-02-R, authorization to re-advertise for bids and setting 3:30 P.M. on January 22, 2004 for opening of sealed bids.

6H. Assessor/Recorder-County Clerk (Registrar of Voters) requests approval of and authorization for the Chair to sign Amendment No. 3 to Agreement No. 2883 with Sequoia Voting Systems extending the agreement for election services and supplies through December 31, 2006 and authorizing the execution of a three percent (3%) prepayment discount plan for the ballot printing for the March 2, 2004 Presidential Primary Election. A-2883

(AMEND. 3)

6I. County Counsel requests adoption of a resolution approving John Monhoff’s request to be exempted from the approved County Service Area No. 4 (CSA No. 4) assessment because he does not employ any farmworkers. R-04-02

6J. County Counsel requests authorization for the Chair to sign a Certificate of Acceptance of an Avigation and Hazard Easement Deed from Stanly Ranch Vineyard LLC. (Assessor’s Parcel

Nos. 047-230-005, 047-230-024, 047-240-010 through 047-240-015, and 047-262-001)

6K. Information Technology Services Director requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 6090 with CherryRoad Technologies, increasing the amount by $35,000 for a new maximum of $376,000, for additional consulting services associated with the implementation of the PeopleSoft Time and Labor application. A-6090

(AMEND. 1)

6L. County Executive Officer and the Clerk of the Board of Supervisors request adoption of a 2004 meeting schedule for the Board of Supervisors, specifying the following Tuesday dates as those on which the Board will not meet:

February 17, 2004 September 7, 2004

March 30, 2004 November 23, 2004

July 6, 2004 December 21, 2004

August 24, 2004 December 28, 2004

6M. Approve minutes of Board of Supervisors’ meetings of December 16, December 12, December 9, December 2 and November 18, 2003.

7. Discussion of items removed from the Consent Calendar.

SEE ITEM 6A.

APPROVED CONSENT CALENDAR ITEMS 6B THROUGH 6M, AS AMENDED AND NOTATED ABOVE. BW-BD-MR-DD-ML

Set Matters – Public Hearings

8A. 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)

8B. 9:30 A.M. PUBLIC HEARING Chief Probation Officer requests adoption of a resolution to establish a rate for the daily care, support, and maintenance of minors placed, detained, or committed to the Napa County Juvenile Justice Facility and designating the Napa County Chief Probation Officer as the County Financial Evaluation Officer.

PUBLIC HEARING HELD – NO TESTIMONY PRESENTED

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

8C. 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)

8D. 2:00 P.M. Recess to the Napa County Flood Protection and Watershed Improvement Authority meeting.

(SEE Napa County Flood Protection and Watershed Improvement Authority MINUTES)

Administrative Items

9A. Second reading and adoption of an ordinance #03453-ORD of the Board of Supervisors of the County of Napa making technical corrections to Chapters 1.24, 8.04, 18.08, 18.28, and 18.124 and changes to Chapters 5.36 (Temporary Events) and 18.104 (Second Units, Guest Houses, and Winery Setbacks) 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 APPROVED DELETION OF SECTION SEVEN IN 18.28.030.E AND DECLARED INTENT TO ADOPT THE ORDINANCE, AS AMENDED.

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N N

9B. Discussion and possible action regarding appointments to thirty-nine (39) various committees, commissions and advisory boards on which individual Board of Supervisors’ members serve, including but not limited to the following:

Association of Bay Area Governments – Various Committees;

Bay Area Air Quality Management District – Board of Directors;

California State Association of Counties (CSAC) –Various Committees;

9B. Continued

Emergency Medical Care Committee;

Local Agency Formation Commission;

Napa Sanitation District;

North Coastal Counties Supervisors’ Association;

Napa County Transportation Planning Agency;

Redwood Empire Association – Executive Board;

Regional Council of Rural Counties (RCRC);

Upper Valley Waste Management Agency; and the

Workforce Investment Board (WIB).

(Details on file with the Clerk of the Board)

THE BOARD TOOK ACTION ON SECTIONS A, B AND C OF THE STAFF REPORT AS FOLLOWS:

SECTION A: CURRENT BOARD REPRESENTATIVES WERE REAPPOINTED FOR ALL ANNUAL APPOINTMENTS WITH EXPIRING TERMS.

SECTION B: NO CHANGES MADE TO CURRENT APPOINTMENTS.

SECTION C: NO CHANGES MADE TO CURRENT APPOINTMENTS.

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10. Legislative Items.

NONE

11. Board of Supervisors’ Committee Reports and Announcements.

SUPERVISOR LUCE REPORTED THAT MIKE ALEXANDER, EXECUTIVE DIRECTOR OF THE NAPA SANITATION DISTRICT RETIRED, AND

TIM HEALY IS NOW SERVING AS INTERIM EXECUTIVE DIRECTOR.

12. Board of Supervisors’ Future Agenda Items.

SUPERVISOR RIPPEY REQUESTED A REPORT FROM STAFF AND THE UNITED STATES GEOLOGICAL SURVEY ON THE RECENTLY RELEASED GROUNDWATER STUDY.

SUPERVISOR LUCE REQUESTED THE LARGE GROUNDWATER CONE OF DEPRESSION IN COOMBSVILLE BE ADDRESSED AS PART OF THIS REPORT.

13. County Executive Officer Reports and Announcements.

WILLIAM CHIAT, COUNTY EXECUTIVE OFFICER, THANKED NEAL O’HAIRE, EMERGENCY OPERATIONS SERVICES MANAGER, FOR HIS MONITORING EFFORTS AND PROVIDING REGULAR SITUATION REPORTS DURING THE

13. Continued

RECENT HEAVY RAINS. MR. CHIAT ALSO THANKED MARY JEAN MCLAUGHLIN, PUBLIC INFORMATION OFFICER, FOR HER EFFORTS.

MR. CHIAT REPORTED THE COUNTY EXECUTIVE OFFICE IS TRYING TO COORDINATE A JOINT MEETING WITH THE BOARD OF SUPERVISORS FROM SONOMA AND SOLANO COUNTIES. HE COMMENTED THAT INDIAN GAMING WOULD LIKELY BE A TOPIC FOR DISCUSSION AT THIS MEETING.

MR. CHIAT REPORTED ON THE CURRENT STATE BUDGET AND THE VEHICLE LICENSE FEES (VLF). HE SATED THAT ON JANUARY 5, 2004, THERE WAS A CONFERENCE CALL IN WHICH HE, THE AUDITOR AND OTHERS PARTICIPATED. THE CALL INCLUDED THE GOVERNOR’S LEGAL SECRETARY, PETER SIGGINS, AND CALIFORNIA STATE ASSOCIATION OF COUNTIES’ (CSAC) EXECUTIVE DIRECTOR, STEVE SZALAY. MR CHIAT REPORTED THAT THE GOVERNOR INTENDS TO PAY THE VLF BACKFILL BACK TO OCTOBER 1, 2003.

MR. CHIAT ALSO REPORTED THAT IN THE DECEMBER PAYMENT, NAPA COUNTY RECEIVED THE FULL VLF REALIGNMENT PAYMENT AND FURTHER STATED THAT BACKFILL FROM JULY, AUGUST AND SEPTEMBER 2003 WILL LIKELY NOT BE RECEIVED UNTIL 2006.

MR. CHIAT STATED THAT THE SENATE DEMOCRATIC LEADERSHIP IS IN THE PROCESS OF FINDING AN OUTSIDE ORGANIZATION TO FILE A LAWSUIT AGAINST THE GOVERNOR REGARDING THE VLF AND TO PUT AN INJUNCTION IN PLACE TO PREVENT PAYMENT OF THE VLF TO CITIES AND COUNTIES. HE ADVISED HE WOULD KEEP THE BOARD ADVISED OF ANY UPDATES.

14. Closed Session.

NONE

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

JANUARY 13, 2004 AT 9:00 A.M.

_____________________________________

BRAD WAGENKNECHT, Chairperson

_____________________________________

MARK LUCE, Chairperson-Elect

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