MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

July 27, 2004

1.         Call
to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION ON TUESDAY,
JULY 27, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT:  VICE-CHAIR DIANE DILLON, SUPERVISORS
BILL DODD, MIKE RIPPEY AND BRAD WAGENKNECHT.  CHAIR MARK LUCE WAS EXCUSED.  THE MEETING WAS CALLED TO ORDER BY
VICE-CHAIR DILLON AT 9:00 A.M.

2.         Pledge
of Allegiance.

THE SALUTE TO THE
FLAG WAS HELD.

3.         Presentations
and Commendations.

NONE

4.         Public
Comment.

JOSIE JENKINS SPOKE REGARDING BUILDING PARKING
STRUCTURES AND SUGGESTED THE BOARD CONSIDER BUILDING UNDERGROUND PARKING
GARAGES RATHER THAN ABOVEGROUND FACILITIES.

5.         Department
Directors' Reports and Announcements.

JIM FEATHERSTONE,
ASSISTANT DIRECTOR OF HEALTH AND HUMAN SERVICES, REPORTED ON THE SUCCESS OF THE
NEXT STEP PROGRAM, CITING AN INDIVIDUAL HE RECENTLY SAW WHO SUCCESSFULLY
COMPLETED THE PROGRAM AND IS NOW A PRODUCTIVE MEMBER OF SOCIETY AND DOING VERY
WELL.

Consent
Calendar

6A.      Chief Probation
Officer requests approval of and authorization for the Chair to sign the
following agreements with Fouts Springs Youth Facility for the term July 1,
2004 through June 30, 2005 to provide court ordered placement of wards:

1.
Agreement No. 4391 at a monthly rate of $3,346 per male
ward; and

A-4391

2.   Amendment No. 1 of Agreement No. 6215 at a monthly rate of
$3,559 per

female
ward.                                                                                               A-6215

(AMEND.
1)

6B.       Napa
Special Investigations Bureau (NSIB) Governing Board requests approval of the
following distribution totalling $138,000 from seized and forfeited funds from
narcotic/drug trafficking investigations in Napa County (4/5 vote required):

1.   Napa
Sheirff's Department 41.5% $ 57,270

2.   Napa Police Department 23.5% 32,430

3.   Bureau of Narcotic Enforcement 11.0% 15,180

4.   St. Helena Police Department 9.0% 12,420

5.   Calistoga Police Department 9.0% 12,420

6.   Napa Probation Department 6.0% 8,280

6C.      Director
of Health and Human Services requests approval of and authorization for the
Chair to sign the renewals of the following agreements for a maximum of $12,000
each for the term

May 18, 2004 through June 30, 2005 to provide Touchpoints
child development training:

1.   Agreement No. 4440 with Napa County
Office of Education; and

A-4440

2.   Agreement No. 4445 with Ralph Myers, M.D.                                            A-4445

6D.      Director of
Health and Human Services requests approval of and authorization for the Chair
to sign the renewal of Agreement No. 4880 with Smithson/Dillon Associates for a
maximum of $15,000 for the term July 1, 2004 through September 30, 2004 to
provide a part-time Executive Director for the Workforce Investment Board.                                                    A-4880

6E.       Director
of Health and Human Services requests approval of and authorization for the
Chair to sign Amendment No. 1 to Agreement No. 4667 with Care Network, LLC,
decreasing the amount by $4,000 for a new maximum of $6,000 to provide in-home
protective services to dependent adults.                                                                                                                               A-4667

(AMEND.
1)

6F.       Director
of Health and Human Services requests approval of and authorization for the
Chair to sign the following agreements with George Monteverdi, M.D., for the
term July 27, 2004 through June 30, 2005:

1.   Agreement for a maximum of $39,000 to provide medical
consultation services

in
the California Children’s Services and Medical Therapy Unit Programs; and

A-6302

2.   Business Associate Agreement setting forth the terms and
conditions of the

Health
Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule.

A-6302-1

6G.      Director
of Health and Human Services requests approval of the following actions
regarding Karen Lee Smith, M.D.:

1.   Waiver of the registered voter requirements of Government Code
Section

24001 in regard to item (2) finding that waiver is in
the best interest of the County to prevent an interruption in essential
services;

2.   Authorization for the Chair to sign an agreement with Karen
Lee Smith, M.D.,

appointing
her to serve as Interim Napa County Health Officer for a maximum of

$27,440
for the term August 1, 2004 through September 30, 2004; and

A-6303

3.   Authorization for the Chair to sign a Business Associate
Agreement setting forth the terms and conditions of the Health Insurance
Portability and Accountability Act of 1996 (HIPAA) Privacy Rule.                                                        A-6303-1

6H.      Director of
Health and Human Services requests approval of the following actions regarding
the Health Resources and Services Administration (HRSA) grant for bioterrorism:

1.   Authorization for the Chair to sign a revenue agreement with
the California

Department
of Health Services for a maximum of $197,470 for the term

September
1, 2003 through August 30, 2005; and                          A-6301

2.   Budget Transfer No. 8 increasing appropriations by $90,023 in
the Public Health budget with offsetting revenues from the HRSA grant to fund
contract

expenditures
and administrative costs. (4/5 vote required)                BT-8

6I.        Library
Director requests authorization to accept a donation in the amount of $7,500
from the Friends of the Napa Library, and a donation of $39,600 from the Napa
City-County Public Library Foundation.

6J.        Library
Director requests acceptance of a Library Services and Technology Act grant
administered by the California State Library, in the amount of $5,022 for the
Public Library Staff Education Program.

6K.      Library Director
requests approval of Budget Transfer No. 6 canceling Library Fund designation
and increasing appropriations by $25,613 in the Library budget, for
supplemental collection development. (4/5 vote required)                                                                           BT-6

6L.       Director
of Public Works requests approval of and authorization for the Chair to sign
Amendment No. 1 to Lease Agreement No. 4478 with William and Dorothy Keller,
for leased space located at 1721
First Street, Napa, California for Emergency Medical Services
staff, for the term

July 1, 2004 through June 30, 2005, for a new cost of
$37,596 annually.                       A-4478

(AMEND.
1)

6M.      Director of
Public Works requests the reallocation of $25,000 in Proposition 12 Parks Bond
Act Per Capita Grant funds from the Solano Avenue Bicycle Rest Stop to the Napa
Solano Ridge Trail Project.

6N.      Director of
Public Works requests approval of plans and specifications for the
“Cuttings Wharf Road Class II Bike Lane Extension Project,” RDS
04-05, authorization to advertise for bids and setting 3:30 P.M. on August 26,
2004 for opening of sealed bids.

6O.      Second reading
and adoption of an ordinance amending portions of Chapter 15.60 of the Napa
County Code relating to affordable housing and housing impact fees for
non-residential developments.                                                                                                             O-1243

6P.       Human
Resources Director requests adoption of a resolution amending the Departmental
Allocation List for the Building Division of the Conservation, Development and
Planning Department with regards to adding six (6) Building Inspector I/II/III
positions and deleting four (4) Building Inspector I/II and two (2) Building
Inspector III positions, effective July 31, 2004.

R-04-108

6Q.      Human Resources
Director requests adoption of a resolution correcting the effective date of
Resolution No. 04-103 amending the Departmental Allocation List with regard to
positions in the Social Services and Training and Employment Divisions of the
Health & Human Services Agency, effective July 31, 2004.                                                                                   R-04-109

6R.       County Executive
Officer requests approval of Budget Transfer No.
7 increasing the appropriations in the Regional Training Employment budget by
$198,500 with offsetting revenues from the State of California Employment
Development Department for Project COMPASS to provide one-stop employment
services to people with disabilities. (4/5 vote required)

BT-7

6S.       County Executive
Officer requests approval of and authorization
for the Chair to sign Amendment No. 1 to Agreement No. 6214 with Bartel
Associates, LLC increasing the amount by $15,500 for a new maximum of $20,000
for actuarial services related to the CalPERS.              A-6214

(AMEND.
1)

6T.       County
Executive Officer requests approval of and authorization for the Chair to sign
an agreement with the Napa Valley Housing Authority (NVHA) for a maximum of
$30,000 for the term July 1, 2004 through June 30, 2005 for administration of
the County's Affordable Housing Fund.                                                                                                                                   A-6304

6U.      County Executive
Officer requests the following
appointment/reappointments to the Napa Valley Workforce Investment Board with
the term of office to commence immediately and expire as indicated:

Name                                       Representing
Term
Expires

Seth Hudson                             Economic
Development                        June
30, 2005

Name                                       Representing
Term
Expires

Christine Burns                         Private
Sector Business                         June
30, 2006

Robert Eickmeier                      One-Stop
Partner                                 June
30, 2006

Jacqueline Gitman                     Community
Based Organization            June
30, 2006

Larry Glenn                              Labor
June
30, 2006

Randy Gourley                         Labor
June
30, 2006

Reuben Katz                            Private
Sector Business                         June
30, 2006

Maritza Monge                         Private
Sector Business                         June
30, 2006

Barbara Nemko                       Education
June
30, 2006

Brad Wagenknecht                   Board
of Supervisors                            June
30, 2006

7.         Discussion
of Items Removed from the Consent Calendar.

NONE

APPROVED
CONSENT CALENDAR ITEMS 6A THROUGH 6U.

BW-MR-BD-DD-ML

X

Set
Matters and Public Hearings

8A.      11:00 AM PUBLIC
HEARING  Director of
Conservation, Development and Planning recommends:

1.   Adoption of a resolution amending the
Airport Industrial Area Specific Plan relating to limitations on commercial retail
use and hotels; and

2.   First and final reading and adoption of
an ordinance amending Section 18.44.020 of the Napa County Code relating to
accessory commercial uses in the General Industrial Zoning District.

ENVIRONMENTAL
DETERMINATION: Categorical Exemption pursuant to Class 5 (CEQA
Guidelines Section 15305), minor alteration to a land use limitation.

PUBLIC HEARING HELD – NO TESTIMONY
PRESENTED

ADOPTED
RESOLUTION              MR-BD-BW-DD-ML                                   R-04-110

X

TITLE
READ

THE
BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.

MR-BW-BD-DD-ML

X

8A.      Continued

ADOPTED
ORDINANCE                MR-BW-BD-DD-ML                                   O-1244

X

8B.       2:00 PM  Discussion and possible adoption
of a resolution of Decision on Appeal and Findings of Fact upholding the
decision of the Director of Public Works denying the Lot Line Adjustment filed
by Brian Carr. (Assesor's Parcel Nos. 027-510-006, 027-510-020, and
027-510-016)

ENVIRONMENTAL
DETERMINATION: The proposed action involves the denial of a project and
thus is not subject to CEQA (14 CCR 15270).

THE BOARD REMANDED THE ITEM BACK TO STAFF FOR FURTHER
CONSIDERATION AND CONTINUED THE ITEM TO AUGUST 17, 2004 AT 11:00 A.M.

BD-BW-MR-DD-ML

X

Administrative Items

9A.      Discussion and
possible direction to staff relating to negotiations with the Administrative
Office of the Courts (AOC) for Court Facilities Transfers under SB 1732.

THE BOARD DIRECTED STAFF TO MOVE FORWARD WITH THE
TRANSFER OF THE JUVENILE JUSTICE FACILITY, THE CRIMINAL COURTS BUILDING, AND
RETURN TO THE BOARD WITH TWO OPTIONS FOR THE HISTORICAL COURTHOUSE.

10.       Legislative
Items.

NONE

11.       Board of
Supervisors' Committee Reports and Announcements.

SUPERVISOR
WAGENKNECHT REPORTED THAT ON JULY 21, 2004, HE ATTENDED A MEETING REGARDING
INDIAN GAMING WITH YOLO, SONOMA AND SOLANO COUNTIES.

12.       Board
of Supervisors' Future Agenda Items.

NONE

13.       County Executive
Officer Reports and Announcements.

NANCY WATT, COUNTY
EXECUTIVE OFFICER, REPORTED RECEIVING A PRESS RELEASE FROM THE CALIFORNIA STATE ASSOCIATION OF COUNTIES
(CSAC), INDICATING THE LEGISLATURE AND GOVERNOR REACHED AN AGREEMENT ON THE STATE
BUDGET AND THAT A VOTE IS EXPECTED BY JULY 30, 2004.

13.       Continued

MS. WATT STATED THE BUDGET PACKAGE INCLUDES A 2/3 VOTE
REQUIREMENT FOR THE STATE TO BORROW MONEY FROM LOCAL GOVERNMENTS; THE STATE IS
ALLOWED TO BORROW ONLY TWICE IN TEN YEARS; THE LOAN FROM LOCAL GOVERNMENTS FOR
THE NEXT TWO YEARS IS $2.6 BILLION, WITH NAPA COUNTY’S
SHARE BEING APPROXIMATELY

$1.3 MILLION PER YEAR FOR THE NEXT TWO YEARS;
CONSTITUTIONAL PROTECTION ON THE NOVEMBER BALLOT; PAYBACK OF VEHICLE LICENSE
FEE (VLF) BACKFILL OF APPROXIMATELY $2 MILLION FOR NAPA COUNTY TO BE
PAID BACK BY THE STATE IN 2006; AND ALL UNPAID MANDATES WOULD BE PAID BACK BY
THE STATE IN 2006.

14.       Closed
Session.

A. 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

B.   CONFERENCE WITH LABOR NEGOTIATOR (Government
Code Section 54957.6)

Agency Designated Representatives: Dennis Morris, Human
Resources Director Employee Organization: Napa
County Deputy Sheriffs' Association
(Employee Unit & Supervisory Unit of the County of Napa).

CLOSED SESSION HELD – NO REPORTABLE ACTION

Amended Supplemental Agenda

14.       Closed Session.

C.
Consideration and possible action to
hold a closed session because there is a need to take immediate action and the
need came to the attention of the local agency subsequent to 9:00 AM on
Saturday, July 24, 2004.

(4/5ths vote
of the Board, or unanimous vote if less than 4/5ths of the Board are present is
required)

APPROVED
REQUEST                   BD-BW-MR-DD-ML

X

D. PUBLIC EMPLOYEE
DISCIPLINE/DISMISSAL/RELEASE (Government Code Section 54957)

CLOSED
SESSION HELD – NO REPORTABLE ACTION

6V.      Consideration and
possible action to approve Consent Item 6W because there is a need to take
immediate action and the need came to the attention of the local agency
subsequent to 9:00 AM on

Saturday, July 24,
2004.

(4/5 vote of the
Board, or unanimous vote if less than 4/5ths of the Board is present is
required.)

APPROVED
REQUEST                   BD-BW-MR-DD-ML

X

6W.     Director of Public Works
requests authorization for the Chair, or in the absence of the Chair, the Vice
Chair, to sign a Certification of Acceptance of a Grant Deed to Napa County
from Richard Bell as the Co-Trustee of the Bell Family Trust, for the property
located at 650 Imperial Way,
Napa, California.

APPROVED
REQUEST                   BW-BD-MR-DD-ML

X

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING,
TUESDAY,

AUGUST 3, 2004, AT 9:00 A.M.

DIANE DILLON, Vice-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