MINUTES OF TH= E

MEETING OF THE BOARD OF SUPERVISORS

C= OUNTY OF NAPA

July 27, 2004

1. &nbs= p; Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION ON TUE= SDAY, JULY 27, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: VICE-CHAIR DIANE DILLON, SUPERVISO= RS 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. &nbs= p; Pledge of Allegiance.

THE SALUTE TO= THE FLAG WAS HELD.

3. &nbs= p; Presentations and Commendations.

&= nbsp; NONE

4. &nbs= p; Public Comment.

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

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

JIM FEATHERST= ONE, 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 V= ERY WELL.

Cons= ent Calendar

6A. Chief Prob= ation 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.&n= bsp; Agreement No. 4391 at a monthly rate of $3,346 per = male ward; and

&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; A-4391

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

&nbs= p; &= nbsp; &nbs= p; female ward. &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; A-6215

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

6B. Napa Special Investigations Bureau (NSIB) Governing Board requests approval of t= he following distribution totalling $138,000 from seized and forfeited funds f= rom 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. Dire= ctor 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 Touchpoi= nts child development training:

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

= ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; A-4440=

2. Agreement No. 4445 with Ralph Myers, M.D. &= nbsp; &nbs= p; &= nbsp; A-444= 5

6D. Director of Health and Human Services requests approval of and authorization for the Ch= air to sign the renewal of Agreement No. 4880 with Smithson/Dillon Associates f= or 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.<= span style=3D'mso-tab-count:2'> &= nbsp; &= nbsp; &nbs= p; &= nbsp; A-4880

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

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-h= ome protective services to dependent adults.&nb= sp; = &nb= sp; = &nb= sp; = &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; A-4667

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; (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

= ; &n= bsp; in the California Children’s Services and Medical Therapy Unit Programs;= and

&nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; 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.<= o:p>

&nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; A-6302-1

6G. Dire= ctor 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 i= s 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.,

= ; &n= bsp; appointing her to serve as Interim Napa County Health Officer for a maximum of

&nbs= p; &= nbsp; &nbs= p; $27,440 for the term August 1, 2004 through September 30, 2004; and

&nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; 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. &= nbsp; &= nbsp; &nbs= p; &= nbsp; A-6303-1

6H. Director of Health and Human Services requests approval of the following actions regard= ing the Health Resources and Services Administration (HRSA) grant for bioterror= ism:

1. Authorization for the Chair to sign a revenue agreement wi= th the California

= ; &n= bsp; Department of Health Services for a maximum of $197,470 for the term

= ; &n= bsp; September 1, 2003 through August 30, 2005; and = &= nbsp; &nbs= p; 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 fu= nd contract

= ; = expenditures and administrative costs. (4/5 vote required) &= nbsp; 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 Na= pa 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 t= he Public Library Staff Education Program.

6K. Library Di= rector requests approval of Budget Transfer No. 6 canceling Library Fund designati= on and increasing appropriations by $25,613 in the Library budget, for supplemental collection development. (4/5 vote required) &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; BT-6

6L. Dire= ctor 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 Ser= vices staff, for the term

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

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

6M. Director of Public Works requests the reallocation of $25,000 in Proposition 12 Parks B= ond 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 rea= ding 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. &= nbsp; &nbs= p; &= nbsp; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; O-1243

6P. Human Resources Director requests adoption of a resolution amending the Departmen= tal 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.

&nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; R-04-108

6Q. Human Reso= urces 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 t= he Health & Human Services Agency, effective July 31, 2004. &= nbsp; &nbs= p; &= nbsp; &= nbsp; &nbs= p; &= nbsp; &nbs= p; 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)

&nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; 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 $20,0= 00 for actuarial services related to the CalPERS. = A-6214

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

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

6T. Coun= ty Executive Officer requests approval of and authorization for the Chair to s= ign 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. = &nb= sp; = &nb= sp; = &nb= sp; = &= nbsp; &nbs= p; &= nbsp; &nbs= p; A-6304

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

Name &nbs= p; &= nbsp; &nbs= p; Re= presenting &nb= sp; = &nb= sp; Term Expires

Seth Hudson &nbs= p; &= nbsp; &nbs= p; Economic Development &= nbsp; &nbs= p; June 30, 2005

Name &nbs= p; &= nbsp; &nbs= p; Re= presenting &= nbsp; &nbs= p; &= nbsp; Term Expires

Christine Burns = &nb= sp; Private Sector Business &nb= sp; = June 30, 2006

Robert Eickmeier = ; &n= bsp; One-Stop Partner = ; &n= bsp; = ; June 30, 2006

Jacqueline Gitman &nbs= p; &= nbsp; Community Based Organization = June 30, 2006

Larry Glenn &nbs= p; &= nbsp; &nbs= p; Labor &= nbsp; &nbs= p; &= nbsp; &nbs= p; June 30, 2006

Randy Gourley &n= bsp; = ; Labor &= nbsp; &nbs= p; &= nbsp; &nbs= p; June 30, 2006

Reuben Katz &nbs= p; &= nbsp; Private Sector Business &nb= sp; = June 30, 2006

Maritza Monge &n= bsp; = ; Private Sector Business &nb= sp; = June 30, 2006

Barbara Nemko &n= bsp; = ; Education &= nbsp; &nbs= p; &= nbsp; Ju= ne 30, 2006

Brad Wagenknecht = ; &n= bsp; Board of Supervisors &nbs= p; &= nbsp; June 30, 2006

7. &nbs= p; Discussion of Items Removed from the Consent Calendar.

&= nbsp; NONE

= ; APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6U.

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

= ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; 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 t= he Airport Industrial Area Specific Plan relating to limitations on commercial= retail use and hotels; and

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

= 2. First and final reading and adoptio= n of an ordinance amending Section 18.44.020 of the Napa County Code relating to accessory commercial uses in the General Industrial Zoning District. &= nbsp; &nbs= p; &= nbsp;

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

&= nbsp; PUBLIC HEARING HELD – NO TESTIM= ONY PRESENTED

= ; ADOPTED RESOLUTION &nb= sp; MR-BD-BW-DD-ML &= nbsp; &nbs= p; &= nbsp; R-04-110

= ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; X

= ; TITLE READ

= ; THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.

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

= ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; X

8A. Continued

= ; ADOPTED ORDINANCE &nbs= p; MR-BW-BD-DD= -ML &= nbsp; &nbs= p; &= nbsp; O-1244

= ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; X

8B. 2:00 PM Discussion and possible ado= ption 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 fi= led 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 FURTH= ER CONSIDERATION AND CONTINUED THE ITEM TO AUGUST 17, 2004 AT 11:00 A.M.<= /o:p>

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

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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. &nb= sp; Legislative Items.

&nb= sp; NONE

11. Board of Supervisors' Committee Reports and Announcements.

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

12. &nb= sp; Board of Supervisors' Future Agenda Items.

&= nbsp; NONE

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

NANCY WATT, C= OUNTY EXECUTIVE OFFICER, REPORTED RECEIVING A PRESS RELEASE FROM THE CALIFORNIA STATE ASSOCIATION OF COU= NTIES (CSAC), INDICATING THE LEGISLATURE AND GOVERNOR REACHED AN AGREEMENT ON THE= STATE BUDGET AND THAT A VOTE IS EXPECTED BY JULY 30, 2004.<= /p>

13. &nbs= p; Continued

MS. WATT STATED THE BUDGET PACKAGE INCLUDES A 2/3 V= OTE 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.<= /b>

14. &nb= sp;     Closed Session.

<= /o:p>

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' Associat= ion (Employee Unit & Supervisory Unit of the County of Napa).

CLOSED SESSION HELD – NO REPORTABLE ACTION

Amended Supplemental Agenda=

&nbs= p;

14.       Closed Session.<= /p>
      = ;      C. Consideration and possible acti= on 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 presen= t is required)

APPR= OVED REQUEST      =              BD-BW-MR-DD-ML

        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;             =        X

        &= nbsp;

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

&= nbsp;          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, Ju= ly 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

        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;             =        X

<= /o:p>

6W. =     Director of Public Works requests authorization for the Chair, or in the absence of the Chair, the V= ice 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 prope= rty located at 650 Imperial Wa= y, Napa, California.

        &= nbsp;   APPROVED REQUEST      =              BW-BD-MR-DD-ML

        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;                   X

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEE= TING, TUESDAY,

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

DIANE DIL= LON, Vice-Chairperson

&nb= sp;

&nb= sp;

ATTEST:         =

PAMELA MI= LLER, 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