MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

June 1, 2004

1.         Call
to Order; Roll Call.

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

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

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

2.         Pledge
of Allegiance.

ROBERT PETERSON, DIRECTOR OF PUBLIC WORKS, LED THE
SALUTE TO THE FLAG.

3.         Presentations
and Commendations.

NONE

4.         Public
Comment.

NONE

5.         Department
Directors’ Reports and Announcements.

NONE

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):

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

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

6B.       Director of
Health and Human Services requests approval of and authorization for the Chair
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 Targeted
Case Management.                A-4687

6C.      Director of
Health and Human Services requests approval of and authorization for the Chair
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 Agreement
to

reflect budgeted
salary and benefits for the Assistant Director of the Napa-Solano County Public
Health Laboratory.                                                                                                            A-4092

(AMEND.
3)

6D.      Director of Health 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 services in
the Children’s Behavioral Health and Child Welfare Services Programs.                                                A-4710

(AMEND.
3)

6E.       Director of
Health and Human Services requests approval of and authorization for the Chair
to sign Amendment No. 1 to Agreement No. 6032 with Napa
Valley Unified
School District regarding substance
abuse prevention services provided to students at middle and high school
campuses in Napa County.                                                                                             A-6032

(AMEND.
1)

6F.       Director of
Health and Human Services requests approval of and authorization for the Chair
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 services
in the Mental Health Outpatient Managed Care Program.                                                                                         A-6086

(AMEND.
1)

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

through September
30, 2004 to provide small business plan development training for clients

participating in
the INCLUSION Program.                                                                   A-6281

6H.      Director of Health and
Human Services requests approval of and authorization for the Chair to sign a
Memorandum of Understanding between the Napa Valley Workforce Investment Board
(WIB) and The Job Connection partners for the term July 1, 2003 through June
30, 2006 to provide workforce development services.                                                                A-6282

6I.        Director of
Health and Human Services requests authorization to distribute $250 in unspent
donations on behalf of the Commission on the Status of Women for a scholarship
award to

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

6J.        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)                         BT-68

6K.      Director of Public
Works requests adoption of a resolution temporarily closing a portion of
Silverado Trail from Brannan
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.

SUBSEQUENT
TO THE APPROVAL OF THE CONSENT CALENDAR, THE BOARD AGREED TO RECONSIDER THE
ITEM.

DD-BW-BD-MR-ML

X

THE BOARD
DENIED THE REQUEST FOR A FULL THREE (3) HOUR ROAD CLOSURE AND DIRECTED STAFF TO
RETURN WITH AN ALTERNATIVE PROPOSAL ON JUNE 8, 2004.

DD-BW-BD-MR-ML

X

6L.       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 bids
and setting

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

6M.      Director
of Public Works requests approval of and authorization for the Chair to sign
Amendment

No. 1 to Agreement
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.                                                         A-6199

(AMEND.
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’s
Parcel No. 057-250-013)

6O.      Assessor-Recorder-County
Clerk requests the following actions:

1.
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 for
certified copy production; and

A-4868

(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)

BT-73

6P.       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 and
certain of her partners and associates effective February 1, 2004.

A-4169

(AMEND.
5)

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

Name                           Representing
Term
Expires

William
Kreysler           Private
Sector Business             To
Be Determined

Elizabeth M.
Pratt         Economic
Development            June
30, 2005

Peter D.
Smith Private Sector Business             To
Be Determined

6R.       County
Executive Officer/Purchasing Agent requests the following (4/5 vote required):

1.
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 donating
it to Angwin Community Council.

6S.       County Executive
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.         Discussion
of items removed from the Consent Calendar.

NONE

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

BD-BW-MR-DD-ML

X

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 Silverado
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 water
surface elevations associated with the 1986 or 1995 storms.

APPROVED
REQUEST                   BW-DD-BD-MR-ML

X

8B.       10:00 AM PUBLIC
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.

PUBLIC
HEARING HELD – NO TESTIMONY PRESENTED

ADOPTED
RESOLUTION AS AMENDED TO REFLECT EFFECTIVE DATE OF

61 DAYS AFTER
ADOPTION.

DD-BD-MR-BW-ML                                   R-04-76

X

8C.      10:15 AM  Discussion and possible action directing
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 definition 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)

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:

BW-ML-BD-MR-DD

X

8D.      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)

Administrative
Items

9A.      Director
of Conservation, Development and Planning requests authorization to initiate a minor

amendment to the
1986 Airport Industrial Area Specific Plan and associated Zoning Ordinance

chapters to apply
additional limitations on retail and hotel uses.

APPROVED
REQUEST                   BD-BW-MR-DD-ML

X

9B.       County Executive
Officer to discuss and request adoption of a resolution approving a loan from
the Affordable Housing Fund, in an amount not-to-exceed $500,000, to the Napa
Valley Housing Authority for capital improvements to the Calistoga and Mondavi
Farmworker Centers.

ADOPTED
RESOLUTION              BD-DD-MR-BW-ML                                   R-04-75

X

9C.      County Executive
Officer requests the appointment of one of the following individuals to serve
on the Napa County Commission on Aging as the representative from Supervisorial
District #1 (Wagenknecht) with the term of office to commence immediately and
expire

September 30,
2005:

Patrick W.
Burke

Miriam B.
Hess

THE
BOARD APPOINTED PATRICK W. BURKE.

BW-BD-MR-DD-ML

X

9D.      County Executive Officer
requests the appointment/reappointment of three of the following individuals to
serve on the Delinquency Prevention Commission representing the category of
Adult Citizen with the term of office to commence immediately and expire March
1, 2008. Appointees will serve on the combined Juvenile Justice/Delinquency
Prevention Commission.

Douglas M.
Calkin

Jeannette M.
Cleveland

Marilouise
Kornell (Incumbent)

Samuel Reyes,
Sr. (Incumbent)

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

BD-DD-MR-BW-ML

X

THE BOARD REAPPOINTED
SAMUEL REYES, SR.

ML-BD-MR-BW-DD

X

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 USING
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:

BW-DD-BD-MR-ML

N
N

10.       Legislative
Items.

NONE

11.       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 AND
MADE THEIR RECOMMENDATIONS FOR GRANT AWARDS.

SUPERVISOR DODD
REPORTED THAT THE NAPA
COUNTY TRANSPORTATION
PLANNING AGENCY VOTED TO PROCEED WITH THE TRANSPORTATION TAX AT THEIR LAST
MEETING.

12.
Board of
Supervisors’ Future Agenda Items.

NONE

13.       County Executive
Officer Reports and Announcements.

NONE

14.       Closed
Session.

A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION

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

(One case)

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 Associates,
et. al. (Case No.

26-25407)

CLOSED
SESSIONS NOT HELD

3.   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

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,

JUNE 08, 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