MINUTES OF THE

MINUTES OF TH= E

MEETING OF THE BOARD OF SUPERVISORS

C= OUNTY OF NAPA

Septembe= r 14, 2004

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

THE BOARD= OF SUPERVISORS OF THE COUNTY= OF NAPA MET IN REGU= LAR SESSION ON TUESDAY, SEPTEMBER 14, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMB= ERS PRESENT: CHAIRPERSON MARK LUC= E, SUPERVISORS BRAD WAGENKNECHT AND DIANE DILLON. SUPERVISORS BILL DODD AND MIKE RIP= PEY WERE EXCUSED. THE MEETING WAS CALLED TO ORDER BY CHAIR LUCE AT 9:02 A.M.

2. &nbs= p; Pledge of Allegiance.

TOM BERRY, DEPUTY CHIEF, NAPA COUNTY FIRE DEPARTM= ENT, LED THE SALUTE TO THE FLAG.<= /o:p>

3. &nbs= p; Presentations and Commendations.

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4. &nbs= p; Public Comment.

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

PAM KINDIG, AUDITOR-CONTROLLER, REPORTED ON THE DIFFICULTY OF PROCESSING THE RECENT PAYROLL DUE TO ALL THE RECENT CHANGES TO THE EMPLOYEE AGREEMENT AND THANKED ALL THOSE WHO WORKED OVERTIME LAST WEEK = TO ENSURE THE PAYROLL DEADLINE WAS MET.

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JIM FEATHERSTONE, ACTING DIRECTOR OF HEALTH AND HUM= AN SERVICES (HHS) DEPARTMENT, REPORTED ON RECENT INCIDENTS WITHIN mental health and child protective services divisions, and commented on the shortage of staffing in the department. mr. featherstone stated he is revi= ewing current allocations from child welfare services to aSSIST with the staffing issues.

STEVEN LEDERER, DEPUTY PLANNING DIRECTOR, ANNOUNCED= THE ENVIRONMENTAL ASSESSMENT REPORT WAS MADE AVAILABLE TO THE PUBLIC SEPTEMBER = 13, 2004, AND STATED THE DOCUMENT CAN BE FOUND ON THE COUNTY’S WEBSITE OR COPIES CAN BE OBTAINED FROM THE PLANNING DEPARTMENT. MR. LEDERER STATED THE PLANNING COMMISSION WILL BE ADDRESSING THE HOUSING ELEMENT ON OCTOBER 6 AND 13, 2004= , AND IT WILL BE FORWARDED TO THE BOARD WITH THEIR RECOMMENDATIONS ON OCTOBER 26, 2004.

Cons= ent Calendar

6A. Dire= ctor of Child Support Services requests approval of and authorization for the Ch= air to sign a Plan of Cooperation with the Superior Court of California, County of Napa for the period

July 1, 2004 through June 30, 2005 with no dollar amou= nt, to delineate the duties of each entity regarding the Child Support Commissi= oner and timely processing of child support actions.

= &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; A-6333

6B. Dire= ctor of Corrections and Chief Probation Officer request approval of and authorization for the Chair to sign a revenue agreement with T-NETIX, Inc. = at a commission rate to the County of 51% of revenue billed, for the term Septem= ber 1, 2004 through June 30, 2007 to provide collect call telephone service to = the inmates of the Adult Detention Facility and wards of Juvenile Hall.

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6C. Acting Dir= ector of Health and Human Services requests approval of and authorization for the Chair to sign the following renewal agreements with psychiatric hospitals f= or the term

July 1, 2004 through June 30, 2005 to provide managed = care (Medi-Cal) inpatient mental health services and mental health services for uninsured clients:

1. Managed care agreements:

a. Agreement No. 4135 with St. Hel= ena Hospital dba California Specialt= y Hospital; and &= nbsp; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; A-4135

b. Agreement No. 6132 with Mt. Diablo Medical Pavillion. A-6132

2. = Agreements for uninsured clients:

a. Agreement No. 4141 with St. Helena Hospital= for a maximum of $35,000; and

= ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; A-4141

b. Agreement No. 4142 with St. Hel= ena Hospital dba California Specialt= y Hospital for a maxi= mum of $75,000. = ; &n= bsp; = ; &n= bsp; A-4142

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6D. Acting Dir= ector of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4573 with Suzanne Seymour, dba <= st1:place w:st=3D"on">Falcon Truck School, for a maxim= um of $11,400 for the term August 1, 2004 through June 30, 2005 to provide traini= ng services to clients participating in the Training and Employment Center Program.

&nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; A-4573

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. 1885 with Linda Banc= ke, Ph.D., decreasing the amount by $1,990 for a new maximum of $64,200 to prov= ide psychological evaluation services to clients in the Children's Program. &= nbsp; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; A-1885

= &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = <= span style=3D'mso-tab-count:2'> &= nbsp; &nbs= p; (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. 4011 with Redwood Toxicology Laboratory, Inc. incorporating agency-wide changes to the General Terms and Conditions and revising the scope of work to include additional d= rug testing services. &n= bsp; = ; &n= bsp; = ; A-4011

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

6G. Acting Dir= ector of Health and Human Services requests approval of and authorization for the= Chair to sign Amendment No. 1 to Agreement No. 6217 with <= st1:PlaceName w:st=3D"on">Drug Abuse Alternatives Center= increasing the amount by $54,300 for a new maximum of $172,200 to provide residential substance abuse services. = &nb= sp; = &nb= sp; &= nbsp; &nbs= p; &= nbsp; &nbs= p; A-6217

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

6H. Acting Dir= ector of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements with Charles Taylor, Ph.D.:

1. Amendment No. 1 to Agreement No. 6221 increasing the amoun= t by $960 for a new ma= ximum of $6,960 to provide psychologicial assessments; and

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= &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; (AME= ND. 1)

2. An agreement for a maximum of $2,500 for the term July 1, = 2004 through

June 30, 2005 to provide counseling serv= ices in the Children's Behavioral Health and

Child Welfare Services Programs. &= nbsp; &nbs= p; &= nbsp; &nbs= p; A-6335

6I. Acting Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 6244 with ALDEA, Inc. increasing the amount by $36,383 for a new maximum of $98,478 to provide school-based prevention services.

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= &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; (AME= ND. 1)

6J. Acting Director of Health and Human Services requests approval of and authorization for the Chair to sign an agreement with McWilliams Mailliard Technology Gro= up, Inc. for a maximum of $6,118 for the term July 1, 2004 through September 30, 2005 to purchase software and support for the Adult Protective Services Program. = ; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; A-6336

6K. Acting Dir= ector of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements with Cathy F. Hughes, MFT, for the t= erm July 1, 2004 through June 30, 2005:

1. An agreement for a maximum of $5,000 to provide services in the Children’s

= ; &n= bsp; Behavioral Health and Child Welfare Services Programs; and = ; A-6337

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

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

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6L. Acti= ng Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements with Behavioral Solutions for Children, Inc.:

1. An agreement for a maximum of $25,000 for the term Septemb= er 14, 2004

= ; &n= bsp; through June 30, 2005 to provide Therapeutic Behavioral Services in the

= ; &n= bsp; Children’s Behavioral Health Program; and &= nbsp; &nbs= p; &= nbsp; A-6338

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

= ; &n= bsp; Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule.<= /p>

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6M. Acting Dir= ector of Health and Human Services requests the Board terminate Agreement No. 6263 with Smithson/Dillon Associates, effective October 14, 2004. &= nbsp; &nbs= p; &= nbsp; A-6263

6N. Acting Dir= ector of Health and Human Services requests approval of and authorization for the Chair to sign a Declaration of Intent Not to Apply for Rural Health Services Program Funding for Fiscal Year 2004-2005.&= nbsp; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; =

6O. Acting Dir= ector of Conservation, Development and Planning requests approval of = and authorization for the Chair to sign an agreement with the Napa County Resou= rce Conservation District at a rate of $16,667 per month for the term July 1, 2= 004 through June 30, 2005 for services pertaining to the implementation the County's Conservation Regulations, including the technical review and inspection of agricultural erosion control plans, development and presentat= ion of watershed education materials and limited watershed monitoring. &= nbsp; &nbs= p; &= nbsp; A-4772-1

6P. Dire= ctor of Public Works requests approval of and authorization for the Chair to sign Program Supplement Agreement No. 008-M1 with the California Department of Transportation to Administering Agency-State Agreement No. 04-5921 for the “Cuttings Wharf Road Class 2 Bike Path Project,” RDS 04-11. &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; = ; A-1428= -4

6Q. Director of Public Works requests award of the contract for the “Cuttings Wharf C= lass 2 Bike Lane Extension Project,” RDS 04-05, to John Benward Company, I= nc. of Sonoma, California, for their low base bid of $119,492 and authorization for the Chair to sign the construction contract.=

6R. Dire= ctor of Public Works requests acceptance of the work as complete and authorizati= on for the Chair to sign and Clerk of the Board to file a Notice of Completion with the Clerk/Recorder for Contract No. PW 03-02 R, “Minor Modificat= ions at the Napa City/County Library & Corrections Facility Project”.<= /p>

6S. Dire= ctor of Public Works requests an extension to August 8, 2005 for the completion = date of improvements required by Subdivision Agreement No. 3289 and acceptance of replacement bonds from TMT Properties, Inc.= &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; A-3289

6T. Asse= ssor-Recorder/County Clerk requests approval of and authorization for the Chair to sign cost-sha= ring agreements with Siskiyou<= /st1:PlaceName> County for reimburs= ement of funds expended on Agreement Nos. 4645 and 4646 with Megabyte Systems for base-year tracking and manufactured home/aircraft automated valuation enhancements to the Megabyte property tax system.

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= &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; A-46= 46-5

6U. &nb= sp; Clerk of the Board requests the following actions:

1. Adoption of a resolution approving the City of St. Helena's Ordinance &nb= sp; No. 2004-3, changing the date of the City’s general municipal election and requesting consolidation of the general municipal election with the statewi= de general election effective November 7, 2006; and = &nb= sp; &= nbsp; &nbs= p; &= nbsp; R-04-153

2. Authorization for the Registrar of Voters to provide a mai= led notice to all registered voters in the City informing them of this change, = with the provision that all services rendered by the County to the City in connection with such notification be reimbursed in full.

6V. &nb= sp; Clerk of the Board requests the following actions:

1. Adoption of a resolution approving the St. Helena Unified School District's Resolution No. 03-19 and consolidating the March 2007 Governing Board election and subsequent board elections with the statewide general election, beginning with the November 2006 election; and &= nbsp; &nbs= p; &= nbsp; &= nbsp; &nbs= p; &= nbsp; R-04-154

2. Authorization for the Registrar of Voters to provide a mai= led notice to all registered voters of the districts affected by the consolidat= ion of the approval of the resolution by the Board, with the provision that all services rendered for the St. Helena Unified School District will be fully re= imbursed by the School District.

6W. &nb= sp; Clerk of the Board requests the following actions:

= ; 1. Adoption of a resolution appr= oving the City of Napa's Ordinance No. O2004 7,

&nbs= p; &= nbsp; &nbs= p; changing the date of the City’s general municipal election and Resolution

&nbs= p; &= nbsp; &nbs= p; No. R2004 126, requesting consolidation of the general municipal election with = the

= ; &n= bsp; statewide general election effective November 7, 2006; and = R-04-155

6X. Human Reso= urces Director requests adoption of a resolution regarding the following in connection with the County Executive Office, effective September 25, 2004:<= /p>

1. Amend the Departmental Allocation List to add one (1) LAFCO Staff Analyst I/II and delete= one (1) LAFCO Staff Analyst; and

6X. Continued

2. Amend the Table and Index to add LAFCO Staff Analyst I and LAFCO Staff

Analyst II and delete LAFCO Staff Analyst. = ; &n= bsp; = ; &n= bsp; R-04-156

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6Y. Human Reso= urces Director requests adoption of a resolution regarding the following in connection with the Sheriff's Department, effective September 25, 2004:<= /p>

1. Amend the Departmental Allocation List to add one (1) (M) Sheriff's Administrative Manager and delete one (1) (M) Administrative Serv= ices Officer;

2. Amend the Table and Index to add Sheriff's Administrative Manager; and

3. Amend appropriate policies to add Sheriff's Administrative Manager.

= &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; R-04-157

6Z. County Executive Officer requests approval of and authorization for the Chair to sign a letter transmitting the response to the 2003-2004 G= rand Jury Final Report to the Presiding Judge of the Superior Court.

ITEM REMOVED = FOR DISCUSSION.

APPROVED REQU= EST, AS AMENDED.

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6AA. County Executive Of= ficer requests the following reappointments to the Measure A Financial Oversight = Committee with the term of office to expire June 30, 2007:

Name = ; &n= bsp; = ; &n= bsp; = Representing

Robert A. Biale &= nbsp; &nbs= p; &= nbsp; Agricultural Industry

Philip Gerard Duhe &= nbsp; &nbs= p; City of American Canyon

Michael Moffett &= nbsp; &nbs= p; &= nbsp; Business Community

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

&= nbsp; SEE ITEM 6Z.

APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6AA, AS NOTATED ABOVE. = ; &= nbsp; &nbs= p; &= nbsp; BW-DD-BD-MR-ML

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Set Matters or Public Hearings

8A. 9:30 A.M. Public Hearing. Acting Director of Conserva= tion, Development and Planning recommends:

1. = Consideration and possible adoption of a resolution rescinding Resolution

No. 86-53 (which adopted the 1986 County Californ= ia Environmental Quality Act (CEQA) Guidelines) and Adopting Local Procedures = for Implementing the

California Environmental Quality Act.

ENVIRONMENTAL DETERMINATION: Categorical Exemption Class 8: It has been determined= that this type of project does not have a significant effect on the environment = and is exempt from the California Environmental Quality Act [See Class 8 (“Actions by Regulatory

Agencies for Protection of the Environment”) whi= ch may be found in the Guidelines for the implementation of the California Environmental Quality Act at 14 CCR 15308.]

2. First reading and intention to adopt an ordinance amending Chapter 2.88 adding a new Sec= tion 2.88.050 (I) regarding environmental statements in connection with appeals.

ENVIRONMENTAL DETERMINATION: General Rule. It can be seen with certainty that ther= e is no possibility the proposed action may have a significant effect on the environment and therefore CEQA is not applicable [See Guidelines For the Implementation of the California Environmental Quality Act, 14 CCR 15061(b)(3)].

&= nbsp; PUBLIC HEARING OPENED – NO TESTIMONY PRESENTED

&= nbsp; PUBLIC HEARING CONTINUED TO OCTOBER 5, 2004 AT 9:30 A.M.

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8B. &nb= sp; 10:00 A.M. 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. (CONTINUED FROM JUNE 8 AND AUGUST 17, 2= 004; APPELLANT REQUESTS WITHDRAWAL OF APPEAL)

&= nbsp; APPRO= VED REQUEST = BW-DD-BD-MR-ML

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8C. &nb= sp; 10:30 A.M. First and final r= eading and adoption of an ordinance, pursuant to Section 9314 of

the Public Resources Code, appointing five Directors to the Board of Directors of the Napa County Resource Conservation District in lieu of holding a regular election with the terms of office as indicated be= low:

ENVIRONMENTAL DETERMINATION: General Rule. It can be seen with certainty that ther= e is no possibility the proposed action may have a significant effect on the environment and therefore CEQA is not applicable [See Guidelines For= the Implementation of the California Environmental Quality Act, 14 CCR 15061(b)(3)].

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8C. &n= bsp; Continued

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

Beth Painter &nbs= p; &= nbsp; &nbs= p; &= nbsp; November 30, 2006

Don Gasser = &nb= sp; = &nb= sp; November 30, 2008

Rainer Hoenicke &= nbsp; &nbs= p; &= nbsp; November 30, 2008

Clint Pridmore &n= bsp; = ; = November 30, 2008

Charles Slutzkin = &nb= sp; = November 30, 2008

TITLE READ

THE BOARD WAI= VED READING THE BALANCE OF THE ORDINANCE.

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ADOPTED ORDIN= ANCE &= nbsp; BW-DD-BD-MR-ML &= nbsp; &nbs= p; &= nbsp; O-1245

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

Admi= nistrative Items

9A. County Executive Officer requests consideration and possible action on recommendations regarding the distribution of up to $750,000 in Tobacco Settlement Funds for the term

October 1, 2004 through September 30, 2005.

APPROVED RECO= MMENDATIONS

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10. &nb= sp; Legislative Items.

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

&= nbsp; CHAIR LUCE REPORTED ON HIS RECENT VACATION TO LONDON.

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, ANNOUNCED THAT NAPA COUNTY’S INFORMATION TECHNOLOGY SYSTEMS (ITS) DEPARTMENT WAS ONE= OF 10 WINNERS OF THE 2004 CALIFOR= NIA STATE ASSOCIATION OF COUNTIES (CSAC) CHALLENGE AWARD. SHE STATED ITS WON FOR THEIR USE OF GLOBAL INFORMATION SYSTEMS (GIS) TO CREATE A NEW SPECIAL DISTRICT – T= HE FARM WORKER HOUSING SPECIAL DISTRICT. MS. WATT REPORTED THERE WERE 163 ENTRIES FROM 38 COUNTIES.

13.&nbs= p; Continued

MS. WATT ANNOUNCED THERE WILL BE A SPECIAL JOINT MEETING WITH THE NAPA CITY COUNCIL AT THEIR REQUEST ON SEPTEMBER 21, 2004 AT 4:00 P.M. AT NAPA CITY HALL TO DISCUSS THE STATUS OF THE POTENTIAL BALLOT MEASURE FOR COUNTY-WIDE TAX ON STREETS/ROADS.

14. &nb= sp; Closed Session.

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

Agency Designated Representativ= es: Dennis Morris, Human Resources Director

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)

= ; &n= bsp; 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)

&nbs= p; CLOSED SESSION HELD – NO REPORT= ABLE ACTION

Adjournment.=

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, SEPTEMBER 21, 2004= AT 9:00 A.M.

_________= ___________________________

&= nbsp; MARK LUCE, Chairperson

&nb= sp;

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

&= nbsp; &nbs= p; 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<= /o:p>

The maker of the motion and second are reflected respectively in the order of t= he recorded vote.

Notations under Vote: N =3D No; X =3D Excused; A =3D Abs= tain