MINUTES OF TH= E

MEETING OF THE BOARD OF SUPERVISORS

C= OUNTY OF NAPA

July 20, 2004

1. = Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION ON TUE= SDAY, JULY 20, 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 9:01 A.M.

2. = Pledge of Allegiance.

DAVE WHITMER, AGRICULTURAL COMMISSIONER/SEALER OF WEIGHTS AND MEASURES, LED THE SALUTE TO THE FLAG.

Presentations and Commendati= ons

3A. &nbs= p; Agricultural Commissioner requests the Chair proclaim the week of July 19 through 25, 20= 04 as "Invasive Weed Awareness Week".

PROCLAMATION PRESENTED

4. = ; Public Comment.

DAVID BAKER, EXECUTIVE DIRECTOR, SEIU LOCAL 614, SPOKE REGARDING NEGOTIATIONS AND ADDRESSED THE IS= SUE OF ENHANCED RETIREMENT.

= 5.&n= bsp; = ; Departm= ent Directors' Reports and Announcements.
JIM FEATHERSTONE, ASSISTANT DIRECTOR OF HEALTH AND HUMAN SERVICES, <= b>announced the department= RECEIVED A POSITIVE AUDIT REPORT FROM THE DEPARTMENT OF HEALTH SERVICES FOR= THE WOMEN, INFANTS AND CHILDREN’S (WIC) PROGRAM. MR. FEATHERSTONE STATED THE WIC PR= OGRAM SERVES APPROXIMATELY 3,000 FAMILIES PER MONTH.

MR. FEATHERSTONE ACKNOWLEDGED SHELTER WORKERS AND ADDRES= SED

TWO RECENT TRAGEDIES THAT HEAVILY IMPACTED SHELTER WORKERS.

=

MARY BUTLER, CHIEF PROBATION OFFICER, ANNOUNCED THAT THIS WEEK IS PAROLE, PROBATION AND COMMUNITY SAFETY WEEK, AS DESIGNATED BY THE AMERICAN ASSOCIATION OF PROBATION AND PAROLE OFFICERS.

MS. BUTLER ACKNOWLEDGED THE COUNTY’S PROBATION OFFICERS AND JUVENILE HALL COUNSELORS.

=

=

=

=

=

            Consent Calendar

6A. &nbs= p;   Chief Probation Officer requests approval of and authorization for the Chair to s= ign the renewal of Agreement No.4776 with ALDEA Children and Family Services for a maximum of $92,500 for t= he term July 1, 2004 through June 30, 2005 for therapeutic services for minors under the supervision of the Napa County Probation Department.        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p; A-4776

6B.       Chief Probation Officer requests approval of and authorization for the Chair to sign the renewal of Funding Agreement No. 4434 with the Napa County Office of Education for a maximum reimbursement to the County of $ 82,530 for the term July 1, 2004 through J= une 30, 2005 to fund the placement of a Deputy Probation Officer at Liberty High School.      =            = = A-4434

6C.      Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 6217 with Drug Abuse Alternatives Center for a maximum of $117,900 for the term July 1, 2004 through June 30, 2005 to provide substan= ce abuse residential treatment services. =             &nb= sp;            =             &nb= sp;                &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp; = A-6217

6D.      Director of Health and Human Services requests approval of and authorization for the Chair to sign the following amendments regarding counseling services in the Children’s Behavioral Health and Child Welfare Services Programs:

= 1. Amendment No. 3 to Agreement No. 41= 49 with Alternatives for Better Living, Inc.;

=         =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             <= /span>= A-4149

           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;        (AMEND. 3)

=

= 2. Amendment No. 2 to Agreement No. 61= 00 with Family Service of the North Bay, Inc.; and                    &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;      = A-6100

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

=

= 3. Amendment No. 1 to Agreement No. 61= 71 with ALDEA, Inc.     &n= bsp;            = ; = A-6171

           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;        (AMEND. 1)

&nbs= p;

6E.       Director of Public Works requests award of the contract for the “Cuttings Wharf Class II Bike Lane Project,” RDS 04-11, to Argonaut Constructors of Santa Rosa, Californ= ia, for their low base bid of $276,333 and authorization for the Chair to sign = the construction contract.

6F.       Director of Public Works requests = award of the contract for the “Napa County Library HVAC Equipment Replaceme= nt Project,” PW 03-18, to Reliance Enterprise of Santa Rosa, California,= for their low base bid of $99,909, and authorization for the Chair to sign the construction contract.

6G.      Director of Public Works requests award = of the contract for the "Napa City/County Library Sign & Railing Pain= ting Project," PW 04-04 to Nick's Painting of Napa, California, for their l= ow base bid of $14,800 and authorization for the Chair to sign the construction contract.

6H.      Environmental Management Director reques= ts approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4773 with Ecology Action, to extend the term to

December 31, 2004 for manage= ment of agricultural and marina used oil-recycling program grant.

  &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;    = A-4773

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

6I.        County Executive Officer/Director of Emergency Services requests acceptance of the Departmen= t of Homeland Security's Fiscal Year 2004 Emergency Management Performance Grant= in the amount of $38,577.

6J.        County Executive Officer requests approval of and authorization for the Chair to sign Amendment No. = 3 to Agreement No. 4198 with the Napa Valley Economic Development Corporation (NVEDC) for a maximum amount of $35,000 and extending the term through June= 30, 2005.      &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;                   &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp; = A-4198

    = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp; (AMEND. 3)

6K.      County Executive Officer requests approv= al of Budget Transfer No. 5 transferring $44,953 from Workers' Compensation Retained Earnings to the Insurance-Workers' Compensation budget to cover an increase in the Fiscal Year 2004-05 Excess Workers' Compensation premium. <= o:p>

(4/5 vote required)        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;        = BT-5

7.  =        Discussion of Items Removed from the Consent Calendar.

  &n= bsp;         = NONE

=

=         &= nbsp;   APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6K.

=         &= nbsp;           &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp; BD-DD-MR-BW-ML

Set Matters or Public Hearin= gs.

8A.      9:00 AM The Board of Supervisors sitting as the Board of Commissioners of the Napa County Housing Authority.=

            = (SEE NAPA COUNTY HOUSING AUTHORITY MINUTES)

8B.       9:10 AM PUBLIC HEARING County Counsel and the Conservatio= n, Development and Planning Department recommend the Board conduct a public hearing, first and final reading, and adopt the proposed Ordinance regarding personal use airports and heliports, and helicopter landing sites in suppor= t of agricultural production in the unincorporated portions of Napa County.=

PUBLIC HEARING HELD – NO TESTIMONY PRESENTED

TITLE READ

=

=

=

8B.       Conti= nued

=

THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.

= ; &n= bsp; = ; &n= bsp; = BW-DD-BD-MR-ML

ADOPTED ORDINANCE &nbs= p; BW-DD-BD-MR-ML &= nbsp; &= nbsp; &nbs= p; O-1242

8C. &nbs= p; 10:00 AM Discussion and possible direction regarding the initiation of the County General Plan Update Proces= s.

DISCUSSION HELD

THE BOARD DIRECTED STAFF TO create a spreadsheet= CONTAINING ALL ELEMENTS DISCUSSED AND CATEGORIZE APPROPRIATELY BASED ON THE DISCUSSION AND RETURN TO THE BOARD FOR A FOLLOW-UP STUDY SESSION ON SEPTEMB= ER 21, 2004 AT 10:00 A.M.

8D. 1:30 PM= Director of Public Works to conduct a study session on setting priorities for County Measure A funds with possible direction from the Boar= d.

&n= bsp; = STUDY SESSION HELD

8E. 3:00 PM County Counsel requests the Board = accept Elections Code section 9111 Report and take one of the following actions as required by Elections Code section 9118:

= 1. Direct staff to prepare an Ordinanc= e tracking the "Rural Dining Initiative of 2004" without alteration for adop= tion by the Board on or before July 30, 2004; or

= 2. Adopt a resolution on July 20, 2004 placing the intiative known as the "Rural

= ; Dining Initiative of 2004" on the ballot for the next statewide general elect= ion,

= ; &n= bsp; which will be held on November 2, 2004.

ACCEPTED REPORT AND ADOPTED RESOLUTION &= nbsp; &nbs= p; R-04-107

= &nb= sp; = &nb= sp; = MR-BW-BW-DD-ML<= /p>

8F. 3:30 PM PUBLIC HEARING First reading and intention to ado= pt a revised ordinance amending portions of Chapter 15.60 of the Napa County Code relating to affordable housing which, if adopted, would increase the housing impact fees for non-residential developments as set forth in the updated jobs/housing nexus study. (Continued from July 13, 2004)<= /p>

&n= bsp; = PUBLIC HEARING HELD – NO TESTIMONY PRESENTED

THE BOARD VERBALLY AMENDED THE ORDINANCE BY CHANGING THE WORD “AND” TO “OR” ON PAGE 90 OF THE STAFF REPORT IN REFERENCE TO THE HOUSING DIRECTOR “OR” PLANNING DIRECTOR.<= /o:p>

= &nb= sp; MR-BW-BD-DD-ML

TITLE READ

8F. Conti= nued

THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.

&n= bsp; = ; &n= bsp; = ; &n= bsp; = ; = BD-MR-BW-DD-ML

&n= bsp; = THE BOARD DECLARED INTENT TO ADOPT THE ORDINANCE, AS AMENDED.=

= &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; MR-BW-BD-DD-ML

&nbs= p;

Administrative Items

9A. Consideration of an advisory ballot meas= ure to be placed on the November ballot to ascertain public support for the widening of Jamieson Canyon Road to four lanes to improve traffic capacity. (Supervisor Luce)

THE BOARD APPROVED THE ADDITION OF AN ADVISORY BALLOT MEASURE TO THE NOVEMBER BALLOT, AND DIRECTED STAFF TO PREPARE DRAFT LANGUAGE USING THE WORDING FROM OPTION NUMBER TWO IN THE STAFF REPORT DATED JULY 20, 2004 BY THE FOLLOWING ROLL CALL VOTE:

= ; &n= bsp; = ; &n= bsp; = BD-ML-MR-BW-DD

&nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; N

10. &nbs= p; Legislative Items.

&n= bsp; = NONE

11. Board of Supervisors' Commit= tee Reports and Announcements.

= SUPERVISOR WAGENKNECHT ANNOUNCED THAT ON JULY 21, 2004, A MEETING REGARDING INDIAN GAM= ING WILL BE HELD IN NAPA AND WILL INCLUDE NAPA, SOLANO, SONOMA AND YOLO COUNTIE= S.

= CHAIR LUCE REPORTED THAT THIS MORNING HE AND SUPERVISOR WAGENKNECHT ATTENDED A ME= ETING REGARDING THE REQUEST FOR PROPOSALS PROCESS TO PROVIDE GARBAGE SERVICE.

12. &nbs= p; Board of Supervisors' Future Agenda Items.

SUPERVISOR DILLON REQUESTED THAT ON AUGUST 10, 2004 AT 1= 1:00 A.M., A DISCUSSION BE SCHEDULED FOR THE NAPA VALLEY GRAPE GROWERS REGARDING= A PROPOSED REGISTRY FOR HISTORIC VINEYARDS.

13. &nbs= p; County Executive Officer Reports and Announcements.

COUNTY EXECUTIVE OFFICER, NANCY WATT, REPORTED THERE IS = NO UPDATE ON THE ADOPTION OF A STATE BUDGET.

14. &nbs= p; Closed Session.

= A. CONFERENCE WITH LABOR NEGOTIATOR (Governm= ent Code Section 54957.6)

&= nbsp; &nbs= p; Agency Designated Representatives: Dennis Morris, Human Resources Director

= Employee Organization: SEIU Local 614 - NAPE (Employee Unit & Supervisory <= /o:p>

= ; &n= bsp; Unit of the County of Napa).

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

&n= bsp; = CLOSED SESSION HELD – NO REPORTABLE ACTION

= B. CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section

= 54957.6)

&= nbsp; &nbs= p; Agency Designated Representatives: Dennis Morris, Human Resources Director

= ; Employee Organization: Napa County Deputy Sheriffs' Association (Employee

= ; Unit & Supervisory Unit of the County of Napa).

&n= bsp; = CLOSED SESSION HELD – NO REPORTABLE ACTION

= C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)

= ; Property: 2000 Airport Road, Napa

= ; Agency Negotiator: Michael Stoltz, County Executive Office

= ; Negotiating Parties: JALUX Americas, Inc.

= ; Under Negotiation: Terms of renewal/renegotiation of lease

CLOSED SESSION HELD – NO REPORTABLE ACTION

D. Public Employee Appointment/Ongoing Recruitment of the following Positions (Government Code Section 54957):

= Director of Conservation, Development and Planning

= ; Director of Health and Human Services

CLOSED SESSION HELD – NO REPORTABLE ACTION

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, =

JULY 27, 2004 AT 9:00 A.M.

&nb= sp;

&= nbsp;

&nb= sp;

&= nbsp; ____________________________________

&= nbsp; MARK LUCE, Chairperson

&nb= sp;

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

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

KEY=

Vot= e: ML =3D Mark Luce; DD = =3D Diane Dillon; BD =3D Bill Dodd; MR =3D Mike Rippey; BW =3D Brad Wagenknecht<= /o:p>

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