MINUTES OF TH= E

MEETING OF THE BOARD OF SUPERVISORS

C= OUNTY OF NAPA

June 1, 2004

1. = Call to Order; Roll Call.

= &= nbsp; THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGU= LAR SESSION ON TUESDAY, JUNE 1, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIR MARK LUCE, SUPERVISORS BILL DODD,

= &= nbsp; BRAD WAGENKNECHT AND DIANE DILLON. SUPERVISOR MIKE RIPPEY WAS EXCUSED AT ROLL CALL BUT WAS PRESENT FOR ITEMS 9E, 10, 11, AND 14.

= &= nbsp; THE MEETING WAS CALLED TO ORDER BY CHAIR LUCE AT 9:01 A.M.

2. &nbs= p; Pledge of Allegiance.

ROBERT PETERSON, DIRECTOR OF PUBLIC WORKS, LE= D THE SALUTE TO THE FLAG.

3. &nbs= p; Presentations and Commendations.

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4. &nbs= p; Public Comment.

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5. &nbs= p; Department Directors’ Reports and Announcements.

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Consent Calendar

6A. Director of Child Support Services requests approval of Budget Transfer No. 74 in the Child Support Services budget to cover costs associated with ongoing child support collection services and the costs of consolidating departmental staff with = the following actions (4/5 vote required):

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1. Appropriating $163,916, with offsetting revenues from state and federal allocation; and

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2. Transferring $1,500 increasing revenue and appropriations in the Communication Division budget for extra help services. = &nb= sp; = &nb= sp; BT-74

6B. Director of Health and Human Services requests approval of and authorization for the Ch= air to sign the renewal of Agreement No. 4687 with the County of Butte for a maximum of $3,886= for the term July 1, 2003 through June 30, 2005 for the = County of Butte to coordinate administration of Medi-Cal Administrative Activities and Targ= eted Case Management. &nb= sp; A= -4687

6C. Director of Health and Human Services requests approval of and authorization for the Ch= air to sign Amendment No. 3 to Agreement No. 4092 with the County of Solano increasing the amount by $109,262 for a new maximum of $235,658 to provide partial funding for staff positions and

equipment for bioterrorism preparedness activities and to update the Joint Powers Agreeme= nt to

reflect budg= eted salary and benefits for the Assistant Director of the Napa-Solano County Pu= blic Health Laboratory. &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; A-4092

= &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; (AME= ND. 3)

6D. Director of Healt= h and Human Services requests approval of and authorization for the Chair to sign Amendment No. 3 to Agreement No. 4710 with Robert Zemanek, MFT, increasing = the amount by $5,000 for a new maximum of $42,100 to provide counseling service= s in the Children’s Behavioral Health and Child Welfare Services Programs.= &= nbsp; &nbs= p; &= nbsp; &nbs= p; A-4710

= &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = (AMEND. 3)

6E. Director of Health and Human Services requests approval of and authorization for the Ch= air to sign Amendment No. 1 to Agreement No. 6032 with Napa Valley Unified School District regarding substa= nce abuse prevention services provided to students at middle and high school campuses in Napa County. &nbs= p; &= nbsp; &nbs= p; &= nbsp; &= nbsp; &nbs= p; &= nbsp; A-6032

= &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = (AMEND. 1)

6F. Director of Health and Human Services requests approval of and authorization for the Ch= air to sign Amendment No. 1 to Agreement No. 6086 with Sherri Hollman, MFT, increasing the amount by $1,000 for a new maximum of $3,500 to provide serv= ices in the Mental Health Outpatient Managed Care Program. = &nb= sp; = &= nbsp; &nbs= p; &= nbsp; &nbs= p; A-6086

= &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = (AMEND. 1)

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6G. Director of Health and Human Services requests approval of and authorization for the Ch= air to sign an agreement with Napa Valley College for a maximum of $14,350 for the term June 1, 2004

through Sept= ember 30, 2004 to provide small business plan development training for clients

participatin= g in the INCLUSION Program. &nb= sp; = &nb= sp; = &nb= sp; = A-6281

6H. Director of Healt= h and Human Services requests approval of and authorization for the Chair to sign= a Memorandum of Understanding between the Napa Valley Workforce Investment Bo= ard (WIB) and The Job Connection partners for the term July 1, 2003 through June 30, 2006 to provide workforce development services. = &nb= sp; &= nbsp; &nbs= p; &= nbsp; A-6282 &= nbsp; &nbs= p; &= nbsp;

6I. Direc= tor of Health and Human Services requests authorization to distribute $250 in unsp= ent donations on behalf of the Commission on the Status of Women for a scholars= hip award to

Erin Eakley, winner of the Commission's essay contest.

6J. &nb= sp; Director of Public Works requests approval of Budget Transfer No. 68 appropriating $15,000 in

the Capital Improvement Program budget with offsetting revenues from Corrections for the Area 105 Bathroom Remodel Project in the Jail. (4/5 vote required) &= nbsp; &nbs= p; BT-68

6K. Director of Public Works requests adoption of a resolution temporarily closing a portion of Silverado Trail from Brann= an Street in Calistoga to State Route 128 (Sage Canyon Road) from 7:00 A.M. to 10:00 A.M. on Sunday, June 20, 2004 for the Napa Valley Inline Marathon, the Calistoga to Napa Road Skate.

SUBS= EQUENT TO THE APPROVAL OF THE CONSENT CALENDAR, THE BOARD AGREED TO RECONSIDER THE ITEM.

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THE BOARD DENIED THE REQUEST FOR A FULL THREE (3) HOUR ROAD CLOSURE AND DIRECTED STAF= F TO RETURN WITH AN ALTERNATIVE PROPOSAL ON JUNE 8, 2004.<= /p>

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6L. &nb= sp; Director of Public Works requests approval of plans and specifications for the "Napa City/County

Library Sign= & Railing Painting Project," PW 04-04, authorization to advertise for bi= ds and setting

3:30 P.M. on= July 1, 2004 for opening of sealed bids.

6M. &nb= sp; Director of Public Works requests approval of and authorization for the Chair to sign Amendment

No. 1 to Agr= eement No. 6199 with Stahr & Associates, Inc. increasing the amount by $5,400 = for a new maximum of $15,000 and extending the term through June 30, 2005 for appraisal of land needed for the Devlin Road extension project. &= nbsp; &nbs= p; &= nbsp; &nbs= p; A-= 6199

= &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; (AME= ND. 1)

6N. Director of Public Works/Aviation requests authorization for the Chair to sign a Certificate of Acceptance of an Avigation and Hazard Easement Deed from Busby Enterprises, Inc.

(Assessor= 217;s Parcel No. 057-250-013)

6O. &nb= sp; Assessor-Recorder-County Clerk requests the following actions:

1.&n= bsp; Approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 4868 with Dale Six increasing the amount by $2,000 for a new maximum of $46,453 to prepare images converted from film f= or certified copy production; and

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&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; (AMEND. 2)

2. Approval of Budget Transfer No. 73 transferring $71,986 from the Recorder's Modernization and Micrographics Trust Fund and from the Property Tax Administration Trust Fund for various expenditures. (4/5 vote required)

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6P. &nb= sp; County Counsel requests approval of and authorization for the Chair to sign Amendment No. = 5 to

Agreement No= . 4169 with Foley and Lardner increasing the hourly rate for work performed by

Judy Waltz a= nd certain of her partners and associates effective February 1, 2004.

= &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; A-4169

= &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; (AMEND. 5)

6Q. County Executive Of= ficer requests the following appointments to the Workforce Investment Board with = the term of office to commence immediately:

Name &= nbsp; &nbs= p; Representing &nb= sp; = Term Expires

William Kreysler &nbs= p; Private Sector Business &nb= sp; To Be Determined

Elizabe= th M. Pratt &= nbsp; Economic Development &= nbsp; June 30, 2005

Peter D. Smith Private Sector Business &= nbsp; To Be Determined

6R. &nb= sp; County Executive Officer/Purchasing Agent requests the following (4/5 vote require= d):

1.&n= bsp; Declare Asset 22043, a 1976 Ford, as surplus and no longer required for public use; and

2. Authorize the Purchasing Agent to dispose of this item of personal property by donati= ng it to Angwin Community Council.

6S. County Exec= utive Officer/Purchasing Agent requests authorization to declare certain items as surplus and no longer required for public use, remove them from inventory, = and dispose of them at public auction. (4/5 vote required)

7. &nbs= p; Discussion of items removed from the Consent Calendar.

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&= nbsp; APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6S, AS NOTATED ABOVE.

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Set Matters – Public Hearings

8A.      9:30 AM Director of Public Works and Quincy Engineering, Inc. to discuss the findings of the Deer Park Road and Silvera= do Trail feasibility studies as they relate to raising each of these roads to = be traversable during various storm events and recommend that the Board accept= the two studies and find that the most reasonable option, based on cost, right = of way impacts and project timeframe, is to raise Deer Park Road above the wat= er surface elevations associated with the 1986 or 1995 storms.

&= nbsp;          APPRO= VED REQUEST      =              BW-DD-BD-MR-ML

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8B.       10:00 AM PU= BLIC HEARING Director of Public Works/Aviation requests adoption of a resolution amending Sections 30.020, 30.060 and deleting Section 30.070 of the County Policy Manual for fees at = the Napa County Airport, effective July 1, 2004.            &n= bsp;

        &= nbsp;   PUBLIC HEARING HELD – NO TESTIMONY PRESENTED

        &= nbsp;   ADOPTED RESOLUTION AS AMENDED TO REFLECT EFFECTIVE DATE OF
61 DAYS A= FTER ADOPTION.

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8C.      10:15 AM Discussion and possible action dir= ecting staff to reset for public hearing a revised ordinance making the following technical changes to the Zoning Code (i) change the reference in Chapter 18= .120 of the County Code from "private airports and helistops" to "personal use airports and heliports", (ii) clarify the definitio= n of emergency medical services landing sites and emergency use facilities, and (iii) make clear existing restrictions on helicopters landings do not apply= to landings associated with agricultural production. (Supervisor Wagenknecht)<= o:p>

THE BOARD APPROVED RECONSIDERATION OF THE ITEM AND DIRECTED STAFF TO CONTINUE WITH THE TECHNICAL CHANGES DISCUSSED MAY 2004, AND RETURN TO THE BOARD FOR ANOTHER PUBLIC HEARING ON THE AMENDED ORDINANCE BY THE FOLLOWING ROLL CALL VOTE:

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8D. &nb= sp;    1:30 PM Recess to the Napa County = Flood Control and Water Conservation District meeting.

(SEE NAPA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT MINUTES)

Admi= nistrative Items

9A. &nb= sp;    Director of Conservation, Development and Planning requests authorization to initiat= e a minor

amendment to= the 1986 Airport Industrial Area Specific Plan and associated Zoning Ordinance<= o:p>

chapters to = apply additional limitations on retail and hotel uses.

&= nbsp;          APPRO= VED REQUEST      =              BD-BW-MR-DD-ML

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9B.       County Exec= utive Officer to discuss and request adoption of a resolution approving a loan fr= om the Affordable Housing Fund, in an amount not-to-exceed $500,000, to the Na= pa Valley Housing Authority for capital improvements to the Calistoga and Mond= avi Farmworker Centers.

&= nbsp;          ADOPT= ED RESOLUTION     &nb= sp;        BD-DD-MR-BW-ML        &= nbsp;         &= nbsp;           &nbs= p;   R-04-75

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9C.      County Executive Officer requests the appointment of one of the following individuals to ser= ve on the Napa County Commission on Aging as the representative from Superviso= rial District #1 (Wagenknecht) with the term of office to commence immediately a= nd expire

September 30, 2005:

Patrick= W. Burke

Miriam = B. Hess

&= nbsp;          THE BOARD APPOINTED PATRICK W. BURKE.

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9D.      County Executive Of= ficer requests the appointment/reappointment of three of the following individual= s to serve on the Delinquency Prevention Commission representing the category of Adult Citizen with the term of office to commence immediately and expire Ma= rch 1, 2008. Appointees will serve on the combined Juvenile Justice/Delinquency Prevention Commission.

Douglas= M. Calkin

Jeannet= te M. Cleveland

Marilou= ise Kornell (Incumbent)

Samuel = Reyes, Sr. (Incumbent)

THE BOARD APPOINTED JEANNETTE M. CLEVELAND AND REAPPOINTED MARILOUISE KORNELL.

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THE BOARD= REAPPOINTED SAMUEL REYES, SR.

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9E.       Discussion = and direction to staff in relation to a policy for the appointment of members of the Board of Supervisors to various committees, commissions and advisory boards.

(Supervisor Rippey)

THE BOARD DIRECTED STAFF TO DRAFT A POLICY US= ING OPTION 2 IN THE STAFF REPORT AS THE BASELINE AND INCLUDE THE BOARD AS THE DECISION-MAKER WITH REGARDS TO UNDECIDED APPOINTMENTS, AND RETURN THE DRAFT= TO THE BOARD FOR FURTHER DISCUSSION BY THE FOLLOWING ROLL CALL VOTE:

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        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;         =         N        =     N

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10. &nb= sp;     Legislative Items.

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11. &nb= sp;     Board of Supervisors’ Committee Reports and Announcements.

SUPERVISOR WAGENKNECHT REPORTED THE FIRST FIVE COMMITTEE MET AND REVIEWED THE LATEST ROUND OF PROPOSALS FOR SMALL GRANTS A= ND MADE THEIR RECOMMENDATIONS FOR GRANT AWARDS.

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SUPERVISO= R DODD REPORTED THAT THE NAPA COUNTY TRANSPORTATI= ON PLANNING AGENCY VOTED TO PROCEED WITH THE TRANSPORTATION TAX AT THEIR LAST MEETING.

12.      =         Bo= ard of Supervisors’ Future Agenda Items.

NONE

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13. &nb= sp;     County Executive Officer Reports and Announcements.=

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14. &nb= sp;     Closed Session.

A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPAT= ED LITIGATION

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

      (One case)<= o:p>

&= nbsp;          CLOSED SESSION NOT HELD

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(a= ))

Names of cases:

1. County of Napa v. Edward William Schlies, et. al. (Case No. 26-25408)

2.      County of Napa v. O'Neill/Mullin LLC; HNAPAD Associat= es, et. al. (Case No.

      26-25407)

        &= nbsp;   CLOSED SESSIONS NOT HELD

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3. Jorge Deharo, Hector Olvera, Latinos Unidos de Napa, an Unincorporated Associatio= n v. County of= Napa et. al. (Case No. 26-22255)
&= nbsp;          CLOSED SESSION HELD – NO REPORTABLE ACTION

C. CONFERENCE WITH LABOR NEGOTIATOR (Governm= ent 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)=

&= nbsp;          CLOSED SESSION HELD – NO REPORTABLE ACTION

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

JUNE 08, 2004 AT 9:00 A.M.

_________= _____________________________

MARK LUCE, Chairperson

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ATTEST:<= span style=3D'mso-tab-count:1'>         = _____________________________________

        &= nbsp;           &nbs= p;            &= nbsp; PAMELA MILLER, Clerk of the Board

KEY=

Vote:  = ; ML =3D Mark Luce; DD =3D Diane Dillon; BD =3D Bill Dodd; MR =3D Mike Rippey; B= W =3D Brad Wagenknecht

The maker of the motion and second are reflected respectively in the order of the recorded vote.

= Notations under Vote: N =3D No; X =3D E= xcused; A =3D Abstain