MINUTES OF THE

MINUTES OF TH= E

MEETING OF THE BOARD OF SUPERVISORS

C= OUNTY OF NAPA

August 1= 7, 2004

1. Call to Order; R= oll Call.

THE BOARD= OF SUPERVISORS OF THE COUNTY= OF NAPA MET IN REGU= LAR SESSION ON TUESDAY, AUGUST 17, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRPERSON MARK LUC= E, SUPERVISORS BILL DODD, MIKE RIPPEY, BRAD WAGENKNECHT AND DIANE DILLON. THE MEETING WAS CALLED TO ORDER BY= CHAIR LUCE AT 9:00 A.M.

2. &nbs= p; Pledge of Allegiance.

JIM FEATHERSTONE, ACTING DIRECTOR OF HEALTH AND HUM= AN SERVICES (H&HS), LED THE SALUTE TO THE FLAG.

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Pres= entations and Commendations

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3A. Presentati= on of a proclamation declaring August to be “Child Support Awareness Month” in

Napa= County.

= ; PRESENTATION MADE

4. &nbs= p; Public Comment.

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

JIM FEATHERSTONE SPOKE REGARDING A MEETING THAT WAS RECENTLY HELD AT H&HS AND STATED PROGRESS HAS BEEN MADE IN THE DEVELOPM= ENT OF RESIDENTIAL RESOURCES FOR MENTALLY ILL HANDICAPPED INDIVIDUALS. MR. FEATHERSTONE ALSO SPOKE REGARD= ING THE MENTAL HEALTH DEPARTMENT’S ABILITY TO TRACK CLIENT CARE PLANS FOR BIL= LING AND STATED THE CURRENT TRACKING RATE IS 98%.

MR. FEATHERSTONE SAID THAT STAFF IS PLEASED TO WELC= OME

DR. KAREN SMITH, PUBLIC HEALTH OFFICER, TO THE DEPARTMENT.

MR. FEATHERSTONE STATED A CONSOLIDATION OF PUBLIC HEALTH NURSING STAFF RECENTLY OCCURRED WHICH WILL AID IN RESPONSE TIME TO PATIENTS. HE REPORTED ON THE QUALITY ASSURANCE PROGRAM ON PSYCHOTROPIC DRUGS AND HOW PROPER NUTRITION CAN ASSIST PATIENTS TAKING THESE DRUGS, AND STATED THROUGH THE QUALITY ASSURANCE PROGRAM A FAIR HEARING PROCESS HAS BEEN PUT IN PLACE FOR PATIENTS.

Cons= ent Calendar

6A. Chief Prob= ation Officer requests approval of and authorization for the Chair to sign renewa= l of Agreement No. 4569 with the County of Del Norte at the rate of $2,500 per w= ard per month to insure availability for five placements, and at a rate of $2,7= 50 per ward per month on an as needed basis for the term of July 1, 2004 to Ju= ne 30, 2005 for court ordered placements of Napa County wards. &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &= nbsp; &nbs= p; &= nbsp; A-4569

6B. Acti= ng Director of Health and Human Services requests approval of and authorization for

the Chair to sign the Local Workforce Investment Area Strategic Five-Year Local Plan

Modification 5, Program Year 2004-2005. &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; A-6282

6C. Acting Dir= ector of Health and Human Services requests approval of and authorization for the Chair to sign renewals of the following agreements with Queen of the Valley Hospital, through its HIV Network Program:

1. Agreement No. 3236 for a maximum of $37,128 for the term A= pril 1, 2004

= ; &n= bsp; through March 31, 2005 to provide case management services under the

= ; &n= bsp; Ryan White Comprehensive AIDS Resources Emergency (CARE) Program; and

&nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; A-3236

2. Agreement No. 3580 for a maximum of $32,483 for the term J= uly 1, 2004

= ; &n= bsp; through June 30, 2005 to provide Housing Opportunities for Persons with AIDS

= ; &n= bsp; (HOPWA) services. &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; A-3580

6D. Acting Dir= ector of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4596 with Your Home Nursing, Inc., decreasing the amount by $2,000 for a new maximum of $6,000 to provide in-home protective services to dependent adults. = &nb= sp; = &= nbsp; &nbs= p; &= nbsp; &nbs= p; A-4596

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

6E. Acti= ng Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4888 with Napa Valley First Impressions, Inc., decreasing the amount by $3,470 for a new maximum = of $25,886 to provide career clothing to CalWORKs clients. = &nb= sp; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; A-4888

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

6F. Acti= ng Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 6253 with Alternativ= es for Better Living, Inc., increasing the amount by $5,000 to a new maximum of $20,000 to provide clean and sober housing to clients of the Substance Abuse Treatment Options Program (S.T.O.P.).

&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; A-6253

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

6G. Acting Dir= ector of Conservation, Development and Planning requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 4882 w= ith Environmental Science Associates increasing the amount by $11,278 for a new maximum of $68,133 for preparation of a CEQA document for Napa Canyon Viney= ard Erosion Control Plan Application No. 02-253. &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; &= nbsp; A-4882

= &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = (AMEND. 2)

6H. Director of Public Works requests adoption of a resolution amending certain procedural portions of Resolution No. 90-152 to reflect County practice and assure continued compliance with the requirements of Title 7, Division 1, Chapter = 5 of the Government Code, commencing with Section 66000 with respect to the Traf= fic Mitigation Fee within the area subject to the Airport Industrial Area Speci= fic Plan. &n= bsp; = ; &n= bsp; = ; &n= bsp; &= nbsp; &nbs= p; &= nbsp; R-04-132

6I. Director of Public Works requests approval of plans and specifications for the “Syar Gun Range Lead and Arsenic Cleanup Project,” PW 04-18, authorization to advertise for bids and setting

3:30 P.M. on September 9, 2004 for opening of sealed b= ids.

6J. Director of Public Works requests the following actions regarding the “Yountvi= lle Cross Road Class 2 Bike Path Project”, RDS 02-15:

1. Award of the contract to J.A. Gonsalves & Son of Napa, C= alifornia, for their

= ; &n= bsp; low base bid of $208,696, and authorization for the Chair to sign the construct= ion

&nbs= p; &= nbsp; &nbs= p; contract; and &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp;

2. Approval of and authorization for the Chair to sign Program Supplement Agreement No. M009-R1 with the California Department of Transportation to Administering Agency-State Agreement No. 04-5921. &= nbsp; &nbs= p; &= nbsp; &nbs= p; A-1428

6K. Director of Public Works requests approval of and authorization for the Chair to sign an improvement agreement with Eagle Vines Vineyard and Golf Club, LLC for road improvements on South Kell= y Road as conditioned by Use Permit No. 99169.&nbs= p; &= nbsp; &nbs= p; A-6312

6L. Dire= ctor of Public Works/Aviation requests approval of and authorization for the Cha= ir to sign a License Agreement with Vaisala, Inc. for the operation of lightni= ng detection equipment at the Napa County Airport. &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &= nbsp; &nbs= p; A-6313

6M. Human Reso= urces Director requests adoption of a resolution regarding the following in connection with the Auditor-Controller Department, effective August 28, 200= 4:

1. Amend the Departmental Allocation List to add:

a. Three (3) (MC) Accountant-Auditor Manager;

b. Two (2) (C) Accounting Technician;

6M. Continued

2. Amend the Departmental Allocation List to delete:

a. Two (2) (S) Supervising Accountant-Auditor;

b. One (1) (S) Payment Systems Supervisor;

c. Two (2) Accounting Technician;

3. = Amend the Table and Index to add Accountant-Auditor Manager; and

4. Amend appropriate policies to add Accountant-Auditor Manag= er and Accounting Technician. = ; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; R-04-133

6N. Human Reso= urces Director requests adoption of a resolution amending the Departmental Alloca= tion List for the Public Health Division of the Health and Human Services Agency with regards to deleting one (1) Secretary and adding one (1) Medical Secre= tary position, effective August 17, 2004. &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &= nbsp; &nbs= p; &= nbsp; R-04-134

6O. Human Reso= urces Director requests adoption of a resolution amending the Departmental Alloca= tion List for the Behavioral Health Division of the Health and Human Services Ag= ency

with regards to adding one (1) .5 Staff Psychiatrist position, effective August 17, 2004.

&nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; R-04-135

6P. Human Resources Director requests adoption of a resolution amending the Departmen= tal Allocation List for the Social Services Division of the Health and Human Services Agency with regards to adding one (1) Social Worker Supervisor I position and providing administrative authority to delete the resulting vacancy, effective August 17, 2004. &n= bsp; = ; R-04-136

6Q. Human Reso= urces Director requests adoption of a resolution amending the Departmental Alloca= tion List for the Local Enforcement Agency of the County Executive Office to del= ete

one (1) .75 Environmental Health Specialist I position= and add one (1) Environmental Health Technician Limited Term (LT) position, effective August 17, 2004. = ; R-04-137

6R. Human Resources Director requests adoption of a resolution amending the Departmen= tal Allocation List for the Probation Department with regards to deleting one (= 1) (M) Assistant Juvenile Hall Superintendent position from Juvenile Hall and adding one (1) Staff Services Analyst I/II position to the Probation Department, effective August 17, 2004. = ; R-04-138

6S. Human Resources Director requests approval of a ninety (90) day extension of the Leave Without Pay for a Child Support Specialist II in Child Support Servic= es through October 1, 2004.

6T. &nb= sp; Not used.

6U. County Executive Officer requests approval of and authorization for the Chair to sign a Master Tax Sharing Agreement with the City of Ameri= can Canyon. = &nb= sp; = A-6314

6V. &nb= sp; County Executive Officer/Purchasing Agent requests the following (4/5 vote require= d):

1. Declare certain items of personal property as surplus and = no longer required for

= ; &n= bsp; public use; and

2. Authorize the Purchasing Agent to dispose of these items of personal property

by donating them to the following tax-exempt Heal= th and Human Service organizations:

a. Napa Valley Personal Computers Users Group, Inc. (NVPCUG)<= /p>

b. Matrix Parent Network and Resource Center (Matrix)

6W. County Executive Of= ficer requests approval of and authorization for the Chair to sign a grant extens= ion request for Project INCLUSION extending the term through December 31, 2004 at no additional cost to continue employment planning and implementation services= for people with disabilities.

6X. &nb= sp; Approve minutes of the meeting held July 27, 2004.

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

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

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

Set Matters or Public Hearings

8A. &nb= sp; 9:30 AM Recess to the Board= of Equalization.

&= nbsp; (SEE BOARD OF EQUALIZATION MINUTES)

8B. 10:00 AM PUBLIC HEARING Consideration and possible = action regarding an appeal filed by Mr. and Mrs. Frank Wood to a decision by the Director of Public Works to deny a Lot Line Adjustment filed by Mr. Wood for the property located at 8901 Conn Creek Road.

(Assessor’s Parcel Nos. 030-120-017 and 030-120-= 012)

ENVIRONMENTAL DETERMINATION: Statutorily exempt under Section 15270 of CEQA.

PUBLIC HEARING OPENED

PUBLIC HEARIN= G CONTINUED TO SEPTEMBER 14, 2004 AT 10:00 A.M.

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

8C. 10:30 AM Recess to the Napa County Fl= ood Protection and Watershed Improvement Authority special meeting.

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

8D.      11:00 AM Discussion and possible adop= tion 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).

(CONTINUED F= ROM JULY 27, 2004)

ADOPTED RESOLUTION&= nbsp;           &nbs= p; BW-MR-BD-DD-ML        &= nbsp;           &nbs= p;            &= nbsp; R-04-139

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8E.       11:15 AM Public Hearing Discussion and possible adoption of a resolution increasing fees for services provided by = the Family Planning Clinic, Travel Immunization Clinic and the Sexually Transmi= tted Disease (STD) Clinic.

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

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= ;           ADOPTED RESOLUTION     &nb= sp;        BW-DD-BD-MR-ML        &= nbsp;           &nbs= p;            &= nbsp; R-04-140

8F. &nb= sp;     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)

Admi= nistrative Items

9A.      Director of Public Works requests adoption of a resolution amending the Napa County Road and Street Standar= ds.

(CONTINUED F= ROM AUGUST 10, 2004; STAFF REQUESTS CONTINUANCE TO

AUGUST 31, 2= 004 AT 10:35 A.M.)

        &= nbsp;   ITEM CONTINUED TO AUGUST 31, 2004 AT = 10:35 A.M.

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

9B. &nb= sp;     Auditor-Controller requests adoption of the following three resolutions:

1. Authorizing the issuance of a promissory note to fund paym= ent of the 2003-2004 delinquent secured taxes in connection with implementation= of the Teeter Plan as set forth in Revenue and Taxation Code Section 4703.2 for Fiscal Year 2004-2005;

ADOPTED RESOL= UTION        &= nbsp;     BD-BW-MR-DD-ML        &= nbsp;           &nbs= p;            &= nbsp; R-04-121

2. Adopting the tax rates for the Fiscal Year 2004-2005 Secur= ed Tax Roll; and

ADOPTED RESOLUTION     &nb= sp;        BD-DD-MR-BW-ML        &= nbsp;           &nbs= p;            &= nbsp; R-04-141

9B.   &= nbsp;   Continued

3. Establishing the Fiscal Year 2004-2005 appropriation limit= and estimated revenue subject to the limit for the County of Napa as required by Article XIII-B of the California Constitution.

&= nbsp;          ADOPTED RESOLUTION            = DD-BD-MR-BW-ML        &= nbsp;           &nbs= p;            &= nbsp; R-04-142

9C. &nb= sp;    County Executive Officer requests approval of the following actions:

1. Adoption of a resolution appointing Karen Lee Smith, M.D. = to serve at the will of the Board of Supervisors as the Napa County Public Hea= lth Officer effective

      August 23, 2004; and

ADOPTED RESOL= UTION        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp; R-04-143

2. Direct the Clerk of the Board to notify the State Director= of Health Services of the appointment of a new Health Officer pursuant to Heal= th and Safety Code

      101000-101010.

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

10. &nb= sp;     Legislative Items.

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11. &nb= sp;     Board of Supervisors' Committee Reports and Announcements.

SUPERVISOR WAGENKNECHT REPORTED THAT ON AUGUST 18, 2004, REPRESENTATIVES OF THE AIR QUALITY CONTROL BOARD WILL MEET WITH MEMBE= RS FROM THE FARM BUREAU TO DISCUSS THE FUTURE OF BURN REGULATIONS.<= /b>

CHAIR LUCE REPORTED THAT INTERVIEWS ARE IN PROGRESS= FOR A NEW NAPA SANITATION DISTRICT MANAGER.

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SUPERVISOR DODD SPOKE REGARDING ITEM 6U FROM TODAY’S CONSENT CALENDAR AND STATED THIS WAS AN IMPORTANT ITEM RELATI= NG TO THE MEMORANDUM OF UNDERSTANDING AND HOUSING ELEMENT AGREEMENT WITH THE C= ITY OF AMERICAN CANYON= AND THANKED STAFF FOR THEIR WORK ON TAX SHARING AGREEMENT.

SUPERVISOR DODD REPORTED ON THE OVERRUN OF THE EARTHQUAKE RETROFIT PROJECT FOR THE BAY BRIDGE and stated the most recent cost estimate is approximately $5 BILLION OVER THE ORIGINAL ESTIMATE DONE IN 1997. HE STATED THE GOVERNOR WANTS TO HA= VE THE VOTERS DECIDE ON THE NOVEMBER 2004 BALLOT WHETHER OR NOT THEY WANT TO REDIR= ECT THE MONEY FROM REGIONAL MEASURE 2 TO HELP COVER THE COST OVERRUN.

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

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

NANCY WATT, COUNTY EXECUTIVE OFFICER, REPORTED THAT A TASK FORCE HAS BEEN APPOINTED TO REVIEW THE REGISTRAR OF VO= TERS OFFICE, AS REQUESTED BY THE BOARD. SHE STATED THE TASK FORCE CONSISTS OF A REPRESENTATIVE FROM THE FOLLOWING DEPARTMENTS: AUDITOR-CONTROLLER, HUMAN RESOURCES, COUNTY COUNSEL,= THE COUNTY’S PRIVACY OFFICER, AND THE CHAIR OF THE TASK FORCE IS KAREN SCHOENFELD, RETIRED PRINCIPAL MANAGEMENT ANALYST.

14. &nb= sp;     Closed Session.

A. CONFERENCE WITH LABOR NEGO= TIATOR (Government Code Section 54957.6)

Agency Designated Representatives: Dennis Morris, Human Resources Director Employee Organization: SEIU Local 614 - NAPE (Employee U= nit & Supervisory Unit of the County of Napa).

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

CLOSED SESSIO= N HELD – NO REPORTABLE ACTION

B.   CONFERENCE WITH= LABOR NEGOTIATOR (Government Code Section 54957.6) Agency Designated Repre= sentatives: Dennis Morris, Human Resources Director Employee Organization: Napa County Deputy Sheriffs' Association (Employee Unit & Supervisory Unit of the <= st1:place w:st=3D"on">County of Napa).

CLOSED SESSIO= N HELD – NO REPORTABLE ACTION

C. CONFERENCE WITH LEGAL COUN= SEL - EXISTING LITIGATION

(Government Code Section 54956.9(a)) Name of case: Jorge Deharo, Hector Olvera, Latinos Unidos de Napa, an Unincorporated Association v. County of Napa et. al. (Ca= se No. 26-22255)

CLOSED SESSIO= N HELD – NO REPORTABLE ACTION

D. CONF= ERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: (County Claim No. 04-38= 6)

CLOSED SESSIO= N HELD – NO REPORTABLE ACTION

Adjournment.=

ADJOURNED TO BOARD OF SUPERVISORS’ SPECIAL MEETING, WEDNESDAY, <= /p>
AUGUST 25, 2004 AT 9:30 A.M.

_________= _________________________

MARK LUCE, Chairperson

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ATTEST        &= nbsp; __________________________________

               = ;         PAMELA MILLER, Clerk of the Board

KEY=

Vote:  = ; ML =3D Mark Luce; DD =3D Diane Dillon; BD =3D Bill Dodd; MR =3D Mike Rippey; BW =3D Brad Wagenknecht

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 Excused; A =3D Abs= tain