MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

September 14,
2004

1.         Call
to Order; Roll Call.

THE BOARD OF
SUPERVISORS OF THE COUNTY
OF NAPA MET IN REGULAR
SESSION ON TUESDAY, SEPTEMBER 14, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS
PRESENT:  CHAIRPERSON MARK LUCE,
SUPERVISORS BRAD WAGENKNECHT AND DIANE DILLON.  SUPERVISORS BILL DODD AND MIKE RIPPEY
WERE EXCUSED.  THE MEETING WAS
CALLED TO ORDER BY CHAIR LUCE AT 9:02 A.M.

2.         Pledge
of Allegiance.

TOM BERRY, DEPUTY
CHIEF, NAPA COUNTY FIRE DEPARTMENT,
LED THE SALUTE TO THE FLAG.

3.         Presentations
and Commendations.

NONE

4.         Public
Comment.

NONE

5.         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.

JIM FEATHERSTONE, ACTING DIRECTOR OF HEALTH AND HUMAN
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 reviewing
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.

Consent
Calendar

6A.      Director
of Child Support Services requests approval of and authorization for the Chair
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 amount,
to delineate the duties of each entity regarding the Child Support Commissioner
and timely processing of child support actions.

A-6333

6B.       Director
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 September
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.

A-6334

6C.      Acting Director
of Health and Human Services requests approval of and authorization for the
Chair to sign the following renewal agreements with psychiatric hospitals for
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. Helena
Hospital dba California Specialty
Hospital; and                                                                            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

A-4141

b.   Agreement No. 4142 with St. Helena
Hospital dba California Specialty
Hospital for a maximum of
$75,000.                                                A-4142

6D.      Acting Director
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 Falcon Truck
School, for a maximum of
$11,400 for the term August 1, 2004 through June 30, 2005 to provide training
services to clients participating in the Training and Employment Center
Program.

A-4573

6E.       Acting
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 Bancke,
Ph.D., decreasing the amount by $1,990 for a new maximum of $64,200 to provide
psychological evaluation services to clients in the Children's Program.                                                                           A-1885

(AMEND.
1)

6F.       Acting
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 drug
testing services.                                               A-4011

(AMEND.
1)

6G.      Acting Director
of Health and Human Services requests approval of and authorization for the Chair
to sign Amendment No. 1 to Agreement No. 6217 with Drug Abuse Alternatives Center
increasing the amount by $54,300 for a new maximum of $172,200 to provide
residential substance abuse services.                                                                                               A-6217

(AMEND.
1)

6H.      Acting Director
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 amount by
$960 for a     new maximum of
$6,960 to provide psychologicial assessments; and

A-6221

(AMEND.
1)

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

June  30, 2005 to provide counseling services
in the Children's Behavioral Health and

Child Welfare Services Programs.                                                   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.

A-6244

(AMEND.
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 Group,
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.                                                                    A-6336

6K.      Acting Director
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 term
July 1, 2004 through June 30, 2005:

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

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.

A-6337-1

6L.       Acting
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 September
14, 2004

through
June 30, 2005 to provide Therapeutic Behavioral Services in the

Children’s
Behavioral Health Program; and                                     A-6338

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

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

A-6338-1

6M.      Acting Director
of Health and Human Services requests the Board terminate Agreement No. 6263
with Smithson/Dillon Associates, effective October 14, 2004.                                   A-6263

6N.      Acting Director
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.

6O.      Acting Director
of Conservation, Development and Planning requests approval of          and
authorization for the Chair to sign an agreement with the Napa County Resource
Conservation District at a rate of $16,667 per month for the term July 1, 2004
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 presentation
of watershed education materials and limited watershed monitoring.                                    A-4772-1

6P.       Director
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.                                                                                              A-1428-4

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

6R.       Director
of Public Works requests acceptance of the work as complete and authorization
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 Modifications
at the Napa City/County Library & Corrections Facility Project”.

6S.       Director
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.                                                                                     A-3289

6T.       Assessor-Recorder/County
Clerk requests approval of and authorization for the Chair to sign cost-sharing
agreements with Siskiyou
County for reimbursement
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.

A-4645-5

A-4646-5

6U.      Clerk
of the Board requests the following actions:

1.   Adoption of a resolution approving the City of St. Helena's
Ordinance         No.
2004-3, changing the date of the City’s general municipal election and
requesting consolidation of the general municipal election with the statewide
general election effective November 7, 2006; and                                                                             R-04-153

2.   Authorization for the Registrar of Voters to provide a mailed
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.      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                                                                               R-04-154

2.   Authorization for the Registrar of Voters to provide a mailed
notice to all registered voters of the districts affected by the consolidation
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 reimbursed
by the School District.

6W.     Clerk
of the Board requests the following actions:

1.
Adoption of a resolution approving
the City of Napa's
Ordinance No. O2004 7,

changing
the date of the City’s general municipal election and Resolution

No.
R2004 126, requesting consolidation of the general municipal election with the

statewide
general election effective November 7, 2006; and                        R-04-155

2.   Authorization for the Registrar of Voters to provide a mailed
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.

6X.      Human Resources
Director requests adoption of a resolution regarding the following in
connection with the County Executive Office, effective September 25, 2004:

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.                                                R-04-156

6Y.      Human Resources
Director requests adoption of a resolution regarding the         following
in connection with the Sheriff's Department, effective September 25, 2004:

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

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

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

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 Grand
Jury Final Report to the Presiding Judge of the Superior Court.

ITEM REMOVED FOR
DISCUSSION.

APPROVED REQUEST,
AS AMENDED.

DD-BW-BD-MR-ML

X    X

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

Name                                                   Representing

Robert A. Biale                                    Agricultural
Industry

Philip Gerard Duhe                               City
of American Canyon

Michael Moffett                                    Business
Community

7.         Discussion
of Items Removed from the Consent Calendar.

SEE
ITEM 6Z.

APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6AA, AS
NOTATED ABOVE.                                               BW-DD-BD-MR-ML

X    X

Set
Matters or Public Hearings

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

1.   Consideration
and possible adoption of a resolution rescinding Resolution

No. 86-53 (which adopted the 1986 County California
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”) which
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 Section 2.88.050
(I) regarding environmental statements in connection with appeals.

ENVIRONMENTAL
DETERMINATION: General Rule. It can be seen with certainty that there 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)].

PUBLIC
HEARING OPENED – NO TESTIMONY PRESENTED

PUBLIC
HEARING CONTINUED TO OCTOBER 5, 2004 AT 9:30 A.M.

BW-DD-BD-MR-ML

X     X

8B.       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, 2004;
APPELLANT REQUESTS WITHDRAWAL OF APPEAL)

APPROVED
REQUEST                   BW-DD-BD-MR-ML

X    X

8C.      10:30
A.M.  First and final reading
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 below:

ENVIRONMENTAL
DETERMINATION: General Rule. It can be seen with certainty that there 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)].

8C.      Continued

Name                                                   Term
Expires

Beth Painter                                          November
30, 2006

Don Gasser                                          November
30, 2008

Rainer Hoenicke                                   November
30, 2008

Clint Pridmore                          November
30, 2008

Charles Slutzkin                                    November
30, 2008

TITLE READ

THE BOARD WAIVED
READING THE BALANCE OF THE ORDINANCE.

BW-DD-BD-MR-ML

X     X

ADOPTED ORDINANCE                BW-DD-BD-MR-ML                                   O-1245

X    X

Administrative
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 RECOMMENDATIONS

BW-DD-BD-MR-ML

X    X

10.       Legislative
Items.

NONE

11.       Board
of Supervisors' Committee Reports and Announcements.

CHAIR
LUCE REPORTED ON HIS RECENT VACATION TO LONDON.

12.       Board
of Supervisors' Future Agenda Items.

NONE

13.       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 CALIFORNIA
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 – THE
FARM WORKER HOUSING SPECIAL DISTRICT.
MS. WATT REPORTED THERE WERE 163 ENTRIES FROM 38 COUNTIES.

13.       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.       Closed
Session.

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

Agency Designated Representatives:
Dennis Morris, Human Resources Director

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

Adjournment.

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

____________________________________

MARK
LUCE, 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