MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

June 29, 2004

1.         Call
to Order; Roll Call.

THE
BOARD OF SUPERVISORS OF THE COUNTY
OF NAPA MET IN REGULAR
SESSION ON TUESDAY, JUNE 29, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS
PRESENT:  CHAIR MARK LUCE,
SUPERVISORS BILL DODD,

MIKE
RIPPEY, BRAD WAGENKNECHT AND DIANE DILLON.
THE MEETING WAS CALLED TO ORDER BY CHAIR LUCE AT 9:03 A.M.

2.         Pledge
of Allegiance.

BENNETT WILSON, DIRECTOR OF INFORMATION TECHNOLOGY
SERVICES, LED THE SALUTE TO THE FLAG.

3.         Presentations
and Commendations.

NONE

4.         Public
Comment.

CANDACE ELIZA
SPOKE REGARDING THE BUILDING ON
BROWN STREET OWNED BY Community Action of the Napa Valley, Inc. (CANV), AND INQUIRED AS TO WHETHER OR NOT
THE BOARD FOLLOWED UP ON HER PREVIOUS REQUEST OF RESEARCHING THE USE OF THIS
BUILDING.  MS. ELIZA REQUESTED THAT
NO HOMELESS SHELTER BE BUILT BEHIND THE TARGET STORE DUE TO BAD ELECTRICITY.

CHAIR LUCE DIRECTED STAFF TO RESEARCH AND RESPOND
BACK TO THE BOARD ON THE BUILDING OWNED BY CANV.

5.         Department
Directors’ Reports and Announcements.

JOHN TUTEUR, ASSESSOR-RECORDER-COUNTY
CLERK-REGISTRAR OF VOTERS, REPORTED ON THE 2004/2005 TAX ASSESSMENT ROLL AND
STATED THIS YEAR THERE WAS AN INCREASE OF $1.6 BILLION, AND THE CURRENT ROLL
EXCEEDS $18 BILLION.  MR. TUTEUR
PROVIDED GENERAL STATISTICS ON THE VALUE OF THE ASSESSMENT ROLL OVER TIME.

DAVE WHITMER, AGRICULTURAL COMMISSIONER/SEALER OF
WEIGHTS AND MEASURES, PROVIDED AN UPDATE ON THE STATUS OF THE GLASSY-WINGED
SHARPSHOOTER FOUND IN VACAVILLE.

JIM
FEATHERSTONE, ASSISTANT DIRECTOR OF HEALTH AND HUMAN SERVICES, PROVIDED AN
UPDATE ON THE DEVELOPMENT OF A SHELTER

ON THE GASSER
PROPERTY, AND STATED THE COUNTY WAS AWARDED A

$1 MILLION,
10-YEAR, FORGIVABLE LOAN FOR THE PROJECT.

Consent Calendar

6A.      Chief
Probation Officer requests approval of and authorization for the Chair to sign
Amendment No. 1 to Agreement No. 4371 with MATRIX Parent Network and Resource
Center increasing the amount by $104,579 for a new maximum of $237,579, extending
the term through June 30, 2005 and amending the scope of work to include
children and families served under the AB 1913 Juvenile Justice Program.                                                                                              A-4371

(AMEND.
1)

6B.       District Attorney
requests approval of Budget Transfer No. 82 transferring $944 from the
Environmental Trust Fund, and Budget Transfer No. 83 transferring $1,001 from
the Asset Forfeiture Trust Fund to the District Attorney's budget for operating
expenses. (4/5 vote required)

BT-82

BT-83

6C.      County Fire Chief
requests authorization to close the $50 imprest cash fund at Yountville Fire
Station.

6D.      Director of Health and
Human Services requests approval of and authorization for the Chair to sign the
renewal of Agreement No. 4532 with the Workforce Investment Board for the term

July 1, 2001
through June 30, 2005 to provide One Stop employment services to employers,
employees and job seekers.                                                                                                A-4532

6E.       Director
of Health and Human Services requests approval of and authorization for the
Chair to sign Amendment No. 1 to Agreement No. 2939 with Richard Geisler,
Ph.D., increasing the amount by $2,000 for a new maximum of $13,690 to provide
psychological evaluation services.

A-2939

(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. 4657 with Nadhan, Inc., increasing the
amount by $200 for a new maximum of $73,200 to provide inpatient mental health
treatment services.

A-4657

(AMEND.
1)

6G.      Director
of Health and Human Services requests approval of and authorization for the
Chair to sign Amendment No. 1 to Agreement No. 4705 with Preferred HealthCare
Registry, Inc., increasing the amount by $5,000 for a new maximum of $105,000
to provide occupational and physical therapy services.                                                                                        A-4705

(AMEND.
1)

6H.      Director of Health and
Human Services requests approval of and authorization for the Chair to sign
Amendment No. 1 to Agreement No. 6082 with Thomas L. Charron, M.D., extending
the term through July 31, 2004 to serve as the Interim Napa County Health
Officer.

A-6082

(AMEND.
1)

6I.        Director of
Health and Human Services requests approval of and authorization for the Chair
to sign Amendment No. 1 to Agreement No. 6167 with ALDEA, Inc., increasing the
amount by $20,000 for a new maximum of $71,251 to provide services for the Juvenile Drug Court.

A-6167

(AMEND.
1)

6J.        Director of
Health and Human Services requests approval of and authorization for the Chair
to sign an agreement with the Napa Valley Coalition of Non-Profit Agencies for
a maximum of $5,788 for the term May 1, 2004 through June 30, 2004 to provide
funding for the development of a Homeless Management Information System.                                                 A-6293

6K.      Director of Health and
Human Services requests approval of and authorization for the Chair to sign an
agreement with Aldea, Inc., for a maximum of $40,700 for the term April 1, 2004
through June 30, 2005 to provide substance abuse services for youth.                                   A-6294

6L.       Director of
Health and Human Services requests approval of the following actions regarding
the U.S. Department of Housing and Urban Development (HUD) Transitional
Residential Alliance and Integrated Network (TRAIN) Project and Homeless
Management Information System (HMIS):

1.
Authorization to accept TRAIN funding for Calendar Year
2004 in the amount of $123,439;

2.   Adoption
of a resolution authorizing the submission of an application for Calendar Year
2005 TRAIN funding to HUD; and                                                           R-04-93

3.   Authorization
to apply for Fiscal Year 2004-2005 HMIS funding in the amount of $19,950.

6M.      Director of Health and
Human Services requests authorization to accept a donation in the amount of
$200 from Wal-Mart to the Training and Employment Center
for clients participating in Workforce Investment Act programs.

6N.      Director of Health and
Human Services requests adoption of a resolution eliminating certain positions
in the Health and Human Services Agency due to lack of funds and implementing
resultant layoffs effective July 1, 2004.

ADOPTED
RESOLUTION, AS AMENDED.                                                        R-04-94

6O.      Director of Health and
Human Services requests approval of and authorization for the Chair to sign
Amendment No. 1 to Agreement No. 6020 with Napa Valley
College extending the
term through September 30, 2004 for the Nurse Workforce Initiative project.                 A-6020

(AMEND.
1)

6P.       Director
of Health and Human Services requests approval of Budget Transfer No. 86

increasing
appropriations in the Behavioral Health budget by $420,051 with offsetting
revenues from Individuals with Disabilities Education Act (IDEA) funds (AB
3632) to fund current year expenditures. (4/5 vote required)                                                                                 BT-86

6Q.      Agricultural
Commissioner requests the following actions:

1.   Adopt
a resolution accepting the Engineers’ Report for the Napa County
Winegrape Pest and Disease Control District and setting a public hearing on the
proposed levy of assessment for the district;                                                              R-04-95

2.   Set
Public Hearing for August 3, 2004 at 9:30 A.M. to hear protests to the
establishment of the proposed assessment;

3.   Direct
the Clerk of the Board to comply with the requirements of Article XIII D of the
California Constitution with respect to notice requirements for the proposed
assessment; and

4.   Designate
Rob Paul, Deputy County Counsel, as the person to answer questions regarding
the assessments and protest proceedings.

6R.       Library Director
requests approval of and authorization for the Chair to sign Amendment No. 1 to
Agreement No. 4469, Library funding agreement between the City of Napa and the County
of Napa for the
additional term of July 1, 2004 through June 30, 2007 for extended hours of the
Napa Main Library.                                                                                                               A-4469

(AMEND.
1)

6S.       Director
of Public Works requests the following actions:

1.   Adopt
a resolution accepting the Engineers' Report for County Service Area No. 3 for
streetside landscaping, street and highway lighting, street sweeping, and
structural fire protection services, and setting a public hearing on the
proposed levy of assessment;

R-04-96

2.   Set Public Hearing for
August 3, 2004 at 9:30 A.M. to hear protests to the proposed

assessment;

3.   Direct
the Clerk of the Board to comply with the requirements of Article XIII D of the
California Constitution with respect to notice requirements for the proposed
assessment; and

6S.       Continued

4.   Designate
Wanda Kennedy, Airport Manager, as the person to answer questions regarding the
assessments and protest proceedings.

6T.       Director of
Public Works requests approval of plans and specifications for the “Napa
County Airport Administration Building Remodel Project,” PW 04-08,
authorization to advertise for bids and setting 3:30 P.M. on July 22, 2004 for
opening of sealed bids.

6U.      Director of Public
Works requests approval of plans and specifications for the “Devlin Road
Extension Project,” RDS 04-06, authorization to advertise for bids and
setting 3:30 P.M. on

July 22, 2004 for
opening of sealed bids.

6V.      Director of Public
Works requests approval of plans and specifications for the “Yountville
Cross Road Class 2 Bike Path Project,” RDS 02-15, authorization to
advertise for bids and setting

3:30 P.M. on July
29, 2004 for opening of sealed bids.

6W.     Director of Public Works
requests approval of and authorization for the Chair to sign an agreement with
the City of St. Helena for a maximum reimbursement amount of $3,000 per fiscal
year to the County for the term July 1, 2004 until terminated by either
jurisdiction for the County to provide Surveyor Services pursuant to Government
Code pertaining to certification of Recorded Maps.                                                                                                                             A-6295

6X.      Director of
Conservation, Development & Planning requests approval of and authorization
for Chair to sign Amendment No. 1 to Agreement No. 6184 with EDAW increasing
the amount by $96,629 for a maximum of $196,591 for preparation of the CEQA
document for Upper Range Ranch Vineyards in connection with Erosion Control
Application #02454-ECPA.

A-6184

(AMEND.
1)

6Y.      County
Counsel requests the following actions:

1.      Adoption of a resolution accepting the
Engineers' Report for County Service Area

No.
4 and setting a public hearing on the proposed levy of assessment;

R-04-97

2.   Set a public hearing for
August 3, 2004 at 9:30 A.M. to hear protests to the proposed

assessment;

3.   Direct
the Clerk of the Board to comply with the requirements of Article XIII D of the
California Constitution with respect to notice requirements for the proposed
assessment; and

6Y.      Continued

4.   Designate Margaret
Woodbury, Chief Deputy County Counsel, as the person to answer

questions
regarding the assessments and protest proceedings.

6Z.       County Counsel
requests approval of Budget Transfer No. 85 transferring $10,000 from
Appropriations for Contingencies to the Conflict Public Defender budget for
unanticipated expenses associated with indigent defense for Fiscal Year
2003-2004. (4/5 vote required)

BT-85

6AA.    Human Resources Director requests
adoption of a resolution regarding the following in connection with the Public
Health and Administration Divisions of the Health and Human Services Agency,
effective June 29, 2004:

1.   Amend
the Departmental Allocation List to delete one (1) .5 Public Health Nurse and
add one (1) .5 Public Health Nurse Limited Term (LT) through June 30, 2005 in
the Public Health Division; and

2.   Amend the Departmental
Allocation List to delete one (1) Office Assistant II from the

Administration
Division and add one (1) Office Assistant II (LT) through

June 30, 2005
to the Public Health Division.                                                R-04-98

6BB.    Human Resources Director requests
approval of and authorization for the Chair to sign Amendment No. 3 to
Agreement No. 4527 with Job Care Medical Services Program of St. Helena
Hospital and Health
Center extending the term
through June 30, 2005 and increasing certain rates for services provided.                                                                                                          A-4527

(AMEND.
3)

6CC.    Human Resources Director requests
adoption of a resolution amending the Table and Index for the Director of
Conservation, Development & Planning effective July 3, 2004.              R-04-99

6DD.    Human Resources Director requests
approval of and authorization for the Chair to sign the following agreements
for fitness club participation in the County Wellness Program for the term

July 1, 2004
through June 30, 2005:

1.   Amendment
No. 3 to Agreement No. 4528 with Exertec Health Systems Inc., dba as Exertec
Fitness Center;                                                                               A-4528

(AMEND.
3)

2.   Amendment
No. 3 to Agreement No. 4529 with Backstreet Fitness Inc., dba as Healthquest
Fitness and Aerobic Center; and                                         A-4529

(AMEND.
3)

3.   Agreement with Curves
for Women.                                                           A-6296

6EE.     Information Technology
Services Director requests approval of and authorization for the Chair to sign
Amendment No. 6 to Agreement No. 4334 with Megabyte Systems, Inc., increasing
the annual amount by $11,818 for a new annual maximum of $168,088.              A-4334

(AMEND.
6)

6FF.     County Executive Officer
requests adoption of a resolution appointing County representatives to the
Board of Directors of the California State Association of Counties' Excess
Insurance Authority.                                                                                                                R-04-100

6GG.    County Executive Officer
requests approval of and authorization for the Chair to sign an agreement with
Maximus, Inc. for a maximum of $16,100 for each annual filing for the term
March 1, 2004 through June 30, 2005 for State-mandated claims (SB90) processing
including preparation, submission and negotiation of such claims.                                         A-6297

6HH.    County Executive
Officer requests approval of and authorization
for the Chair to sign a grant contract with the U.S. Department of Labor,
Office of Disability Employment Policy for a maximum of $600,000 for the term
September 30, 2004 through September 29, 2005 for Year 4

of the Project INCLUSION
grant.                                                                                A-4603

(AMEND.
3)

6II.       Approve
minutes of the meeting held June 8, 2004.

7.         Discussion
of items removed from the Consent Calendar.

NONE

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

BD-BW-MR-DD-ML

Set Matters or Public Hearings

8A.      9:00 AM PUBLIC
HEARING  Auditor-Controller requests
approval of the final appropriation and revenue levels, cancellations and
provisions for reserves and designations and adoption of a resolution
establishing the total financing requirements for the Fiscal Year 2004-2005
Final Budget for the County of Napa. (4/5 vote required)

PUBLIC
HEARING HELD – TESTIMONY PRESENTED

ADOPTED
RESOLUTION              MR-BW-BD-DD-ML                                   R-04-101

8B.       9:15 AM  Presentation and adoption of Retirement
Resolution No. 04-92 to Charles Wilson, Director, Conservation, Development and
Planning Department, in recognition of 27 years of service.

PRESENTATION
MADE                                                                                        R-04-92

8C.      10:00 AM  Recess to the In-Home Supportive
Services Public Authority of Napa County special meeting.

(SEE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY OF
NAPA COUNTY
MINUTES.)

8D.      10:15 AM PUBLIC HEARING  Consideration and possible action
regarding an appeal filed by Brian Carr to a decision by the Director of Public
Works to deny a Lot Line Adjustment filed by Brian Carr for the property
located at 316 Wall Road. (Assessor's Parcel Nos. 027-510-006,

027-510-016, and
027-510-020)

ENVIRONMENTAL
DETERMINATION: Denial; not subject to CEQA.

(CONTINUED FROM
MAY 18 AND JUNE 8, 2004)

PUBLIC
HEARING HELD – TESTIMONY PRESENTED

THE BOARD
TENTATIVELY DENIED THE APPEAL, PENDING FINDINGS OF FACT SCHEDULED FOR JULY 27,
2004 AT 2:00 P.M.

BW-MR-BD-DD-ML

N    N

8E.       10:45 AM  Director of Public Works and County
Counsel request consideration and possible action pertaining to Napa County
Transportation Planning Agency's (NCTPA) requested action to approve the
formation of the Napa Valley Transportation Authority ("Authority"),
and to approve the Napa Valley Transportation Improvement Expenditure Plan as
follows:

1.   Adopt
the Negative Declaration prepared for the formation of the Authority making the
following findings:

a.   Find that the Board has
read and considered the Negative Declaration prior to taking action on said
Negative Declaration and the proposed project.

b.   Find that the Negative
Declaration is based on independent judgment by the Board.

c.   Find that the Negative
Declaration was prepared and considered in accordance with the requirements of
the California Environmental Quality Act.

d.   Find that there is no
substantial evidence in the record as a whole that the project willhave a
significant effect on the environment.

e.   Find that the
Conservation, Development and Planning Department is the custodian of the
records of the proceedings on which this decision is based. The records are on
file with the Department at 1195
Third Street, Suite 210, Napa, California.

f.    Find that
considering the record as a whole there is no evidence that the proposed
project will have a potential adverse effect on wildlife resources or habitat
upon which the wildlife depends.

8E.       Continued

2.   Adopt the resolution
creating the Authority.

3.   Appoint
two Board members and alternates to the Authority consistent with the Board's
appointments to NCTPA.

4.   Adopt the resolution
approving the proposed Napa Valley Transportation Improvement

Expenditure
Plan for adoption by the Authority.

(CONTINUED
FROM JUNE 15, 2004)

SUPERVISOR DODD’S MOTION TO ADOPT THE NEGATIVE
DECLARATION AND FINDINGS A THROUGH F, FAILED BY THE FOLLOWING ROLL CALL VOTE:

BD-ML-MR-DD-ML

N     N    N

THE BOARD RECOMMENDED THAT THE NCTPA CONSIDER AN
ALTERNATE PLAN SIMILAR TO THE PLAN SUBMITTED AT TODAY’S MEETING BY
SUPERVISOR DILLON BY THE FOLLOWING ROLL CALL VOTE:

DD-BW-BD-MR-ML

N
N

ITEMS 2, 3
AND 4 WERE DROPPED FROM THE AGENDA DUE TO THE FAILURE OF THE MOTION ON ITEM 1.

8F.       11:45
AM  Recess to the Napa Berryessa
Resort Improvement District special meeting.

(SEE
NAPA BERRYESSA
RESORT IMPROVEMENT DISTRICT MINUTES.)

8G.      2:00 PM  Recess to the Napa County Flood Protection
and Watershed Improvement Authority meeting.

(SEE NAPA
COUNTY FLOOD PROTECTION
AND WATERSHED IMPROVEMENT AUTHORITY MINUTES.)

8H.      2:15
PM  Discussion and possible
direction to staff relating to the office of the Registrar of Voters.

THE BOARD
DIRECTED THE COUNTY
EXECUTIVE OFFICER TO SEND
A WRITTEN REQUEST TO THE GRAND JURY TO INVESTIGATE THE REGISTRAR OF VOTERS
OFFICE AND DIRECTED STAFF TO AGENDIZE THE ITEM ON

JULY 13, 2004,
AND CONTINUED FURTHER DISCUSSION TO AUGUST 3, 2004.

DD-MR-BD-BW-ML

Administrative Items

9A.      County Executive Officer
requests appointment/reappointment of one (1) applicant from each of the
following categories to the Napa County Child Care Planning Council with the
term of office to commence July 1, 2004 and expire on June 30, 2007:

Consumer
of Child Care                       Public
Agency Representative

Jody Dunning                                        Jody
Dunning

Luz M.
Covarrubias Melgoza    Luz M.
Covarrubias Melgoza

Bonni Parsons
Mitchell*                       Marla
Wiggin

Penny Smith                                         Teresa
Zimny**

Community
Representative                    At
Large Representative

Luz M.
Covarrubias Melgoza    Jody
Dunning

Marla Wiggin*
Penny
Smith*

Child Care Provider

Jody Dunning

Luz M.
Covarrubias Melgoza*

Colleen Weitz

Carol
Woodiwiss

*Recommended
by the Child Care Planning Council

**Incumbent
and recommended by the Child Care Planning Council

THE BOARD APPOINTED Bonni Parsons Mitchell TO CONSUMER OF

CHILD CARE; Marla Wiggin AS THE COMMUNITY REPRESENTATIVE;

Luz M. Covarrubias Melgoza TO CHILD CARE PROVIDER; AND

Penny Smith AS THE AT LARGE REPRESENTATIVE.  THE BOARD REAPPOINTED Teresa Zimny AS
THE PUBLIC AGENCY REPRESENTATIVE.

DD-BW-BD-MR-ML

9B.       County Executive Officer
to present report on recent Indian gaming developments (Requested by Supervisor
Rippey).

REPORT
PRESENTED

10.       Legislative
Items.

A.        Discussion
and possible action related to taking a position on the Governor's May budget
revision for local government.

THE BOARD WENT
ON RECORD IN SUPPORT OF THE CALIFORNIA
STATE ASSOCIATION OF COUNTIES’ (CSAC) POSITION.

BW-MR-BD-DD-ML

11.       Board
of Supervisors’ Committee Reports and Announcements.

NONE

12.       Board
of Supervisors’ Future Agenda Items.

SUPERVISOR LUCE REQUESTED THE BOARD CANCEL THE
MEETING SCHEDULED FOR AUGUST 31, 2004 AND CALL A MEETING FOR AUGUST 24, 2004
FOR THE PURPOSES OF THE BOARD BEING ABLE TO HAVE SEVERAL WEEKS OFF IN A ROW,
AND DIRECTED STAFF TO AGENDIZE THE ITEM ON

JULY 13, 2004.

13.       County Executive
Officer Reports and Announcements.

NONE

14.       Closed
Session.

A.        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
SESSION NOT HELD

B.         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,

JULY 13, 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