MINUTES OF THE

MINUTES OF TH= E

MEETING OF THE BOARD OF SUPERVISORS

C= OUNTY OF NAPA

September 21, 2004

1. = ; Call to Order; Roll Call.

THE BOARD= OF SUPERVISORS OF THE COUNTY= OF NAPA MET IN REGU= LAR SESSION ON TUESDAY, SEPTEMBER 21, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMB= ERS 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 9:03 A.M.

2. = ; Pledge of Allegiance.

TIM STREBLOW, ASSISTANT 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.

ROBERT PETERSON, director of public works, announced = that the Rutherford dust society SUCCESSFULLY= OBTAINED A MATCHING GRANT

&= nbsp; TO THE COUNTY’S MEASURE A FUNDS.

MR. PETERSON ADDRESSED THE RECENT HIGH ACCIDENT RAT= E ON SILVERADO TRAIL AND STATED STAFF FROM THE ROAD DEPARTMENT ARE ONE OF THE FI= RST TEAMS TO BE CALLED OUT TO ASSIST IN TRAFFIC DIVERSION. HE ALSO STATED PUBLIC WORKS STAFF = DOES AN ANALYSIS OF INCIDENTS TO DETERMINE IF THE COUNTY CAN MAKE IMPROVEMENTS TO AVOID SIMILAR OCCURRENCES IN THE FUTURE.

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LIEUTENANT DOUG EHLICK, CALIFORNIA HIGHWAY PATROL, REPORTED STATISTICS ON FATAL ACCIDENTS OVER THE PAST FOUR YEARS. HE STATED THERE IS NO OBVIOUS PATT= ERN, BUT NOTED THAT FOR INJURY ACCIDENTS SPEED IS THE PREDOMINANT FACTOR TO THESE ACCIDENTS. LIEUTENANT EHLICK = SAID HIS DEPARTMENT HAS IMPLEMENTED THE USE OF SPEED ENFORCEMENT TEAMS AND SAID THESE TEAMS ARE IN NAPA TWICE MONTHLY AND THEY WILL BE DEPLOYED TO MONITOR = THE SILVERADO TRAIL AREA.

JOHN TUTEUR, ASSESSOR-RECORDER-COUNTY CLERK-REGISTRAR OF VOTERS, REPORTED ON HIS RECENT TRIP TO NEVADA TO OBSERVE THEIR VERIFIED VOTER= PAPER TRAIL. MR. TUTEUR STATED HE D= OES NOT

5.         = Continued

ANTICIPATE US= E OF THIS TECHNOLOGY IN NAPA COUNTY UNTIL AT LEA= ST

MARCH 2006. HE SAID THE PAPER TRAIL IS NOT A R= ECEIPT FOR THE VOTER, BUT INSTEAD IS A PAPER RECORDATION THAT STAYS IN THE MACHINE= , and HE noted it takes approximately 45 additional seconds to vote with this added technology. mr. tuteur also noted that the pap= er roll needs to be changed every 125 voters, which could be very time-consumi= ng if THERE WAS NOT a large quantity of back-up rolls.

TIM STREBLOW, ASSISTANT CHIEF, NAPA COUNTY FIRE DEPARTMENT, REPORTED THAT THE CRITICAL INCIDENT STRESS DE-BRIEFING TEAMS FOR EMERGENCY RESPONDERS WILL NOW INCLUDE PUBLIC W= ORKS RESPONDERS IN THE DE-BRIEFING PROCESS.

Consent Calendar

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6A.      Acting Dir= ector of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 6029 with Napa Personnel Systems= for a maximum of $15,000 for the term July 1, 2004 through September 30, 2005 to provide job-related training and counseling services to clients of the Trai= ning and Employment Center.           &nbs= p;     A-6029

6B.       Acti= ng Director of Health and Human Services requests approval of the following actions regarding the Women, Infants and Children (WIC) Supplemental Nutrit= ion Program:

1. Authorization for the Chair to sign Amendment No. 2 to Agreement No. 3402 with the California Department of Health Services increa= sing the amount by $8,040 for a new maximum of $1,924,001; and        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp; A-3402

     &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp; (AMEND. 2)

2. Budget Transfer No. 26 increasing appropriations by $8,040= in the Public Health budget with offsetting revenues from the California Department of Health Services to fund operation of the WIC Program. (4/5 vo= te required)     &nbs= p;            &= nbsp;           &nbs= p; BT-26

6C.      Acting Dir= ector of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4627 with Victor Kogler incorporating agency-wide changes to the General Terms and Conditions and decreasing the amount by $2,000 for a new maximum of $2,000 to provide fisc= al consultation regarding Health and Human Services' alcohol and drug programs.        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp; A-4627

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

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. 6161 with Steven E. Shaw, M.= D., incorporating agency-wide changes to the General Terms and Conditions and increasing documentation standards for services provided in the Mental Heal= th Outpatient Managed Care Program. &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            A-6161

        =             &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. 6245 with Mark Duerr, dba Duerr Evaluation Resources, incorporating agency-wide changes to the General Terms and Conditions and increasing the amount by $1,813 for a new maximum of $17,038 to provide program evaluation services for the Safe and = Drug Free Schools and Communities grant. &n= bsp;            = ; A-6245

        =             &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. 6281 with Napa Valley College extending t= he term through June 30, 2005 to provide small business plan development train= ing for clients participating in the INCLUSION Program.            =         &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p; A-6281

        =             &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 an agreement with Barrie Glen, Ph.D., for a maximum of $5,000= for the term

July 1, 2004 through June 30, 2005 to provide services= in the Children’s Behavioral Health and Child Welfare Services Programs.=         &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;        A-6339

6H.      Acting Dir= ector of Health and Human Services requests approval of the following actions regarding bioterrorism grant funding:

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

   &nbs= p;            &= nbsp;           &nbs= p; Department of Health Services for a maximum of $358,248 for the term

July 1, 2003 through June 30, 2004 for bioterrori= sm preparedness funding activities; and &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;               &= nbsp;           &nbs= p;   A-6340

2. Authorization for the Chair to sign the Certification Agai= nst Supplanting, including

(a) certification of the accuracy of the Local Pu= blic Health Preparedness Trust Fund Report For Fiscal Year 2003-2004 and the Fun= ds Expended and/or Obligated by

June 30, 2004 Report and (b) certification that f= unds have been expended only for the purposes stated in the Bioterrorism Prepare= dness Plan and Budget.

6I.        Acting Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements with Rex Adamson, M.D., to provide services in the Mental Health Outpatient Managed Care Program:

1. Agreement for a maximum of $7,500 for the term September 2= 1, 2004 through

      June 30, 2005; and        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p; A-6341            =         &= nbsp;           &nbs= p;

6I.        Continued

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

   = ;            &n= bsp; Health Insurance Accountability and Portability Act of 1996 (HIPAA) Privacy Rule.<= /p>
   &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;   A-6341-1

6J.        Acting Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements with = Calistoga Family Center:

1. A Memorandum of Understanding with = Calistoga Family Center for the term=

July 1, 2004 through June 30, 2005 for Health and Human Services staff to provide substance abuse prevention services and information regarding public assistance benefits to Latino children, youth = and families at Calistoga Family Center; and

   &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;   A-6342

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>
=             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;     A-6342-1

6K.      Acting Dir= ector of Health and Human Services requests authorization to accept a donation in= the amount of $3,000 from the Solano/Napa Employer Advisory Council to the Workforce Investment Board for youth participating in the Training and Employment Center Programs.

6L.       Dire= ctor of Public Works requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 6013 with Omni Means, increasing the amoun= t by $3,020 for a new maximum of $45,790, extending the term through June 30, 20= 05 and amending the hours and hourly rates for review and update of the Napa Airport Industrial Area traffic mitigation fee program.            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            &= nbsp;           &nbs= p;            &= nbsp; A-6013

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

6M.      Napa County Wildlife Conservation Commission requests approval of the following three (= 3) grant proposals:

1. $7,000 for Acorn Soupe for the Napa River Watershed Wildlife Habitat Restoration and Environmental Education Program;=

2. $4,000 for the Wildlife Rescue Center of Napa County to as= sist in the on-going operations and in the establishment, operation and maintena= nce of a permanent

Wildlife Rescue Center; and

3. $1,000 for the Napa County Flood Control and Water Conservation District for a wash mat for car wash fundraisers to help preve= nt stormwater pollution.

6N.      Human Reso= urces Director requests adoption of a resolution amending the Departmental Alloca= tion List for the Health and Human Services Agency with regards to deleting one = (1) Senior Account Clerk in the Training and Employment Center Division and add= ing one (1) Senior Account Clerk in the Health and Human Services Administration Division, effective

September 21, 2004.&nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             R-04-158

6O. &nb= sp;    Human Resources Director and Acting Director of Health and Human Services request= :

1. Adoption of a resolution amending the Departmental Allocat= ion List for the Health and Human Services Agency with regards to deleting one = (1) Public Health Nurse in the Public Health Division and adding one (1) Public Health Nurse in the Social Services Division, effective September 25, 2004;= and               &= nbsp;           &nbs= p;         R-04-159

2= .      Approval of Budget Transfer No. 2 increasing appropriations by $87,826 in the Social Services Division and decreasing appropriations in the Public Health Divisi= on.

      (4/5 vote required)        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp; BT-2

6P.       Coun= ty Executive Officer/Purchasing Agent requests authorization to declare certain items as surplus and no longer required for public use, remove them from inventory, and dispose of them at public auction. (4/5 vote required)

6Q. &nb= sp;    Approve minutes of the special meeting held August 25 and regular meeting held

August 31, 2004.

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

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

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Set Matters or Public Hearings

8A.      9:15 A.M. County Fire Chief requests discussion regarding the temporary use of the Capell Valley = Fire Station Training Room as a Community Room with potential direction to:

1. Authorize the temporary use of the Capell Valley Fire Stat= ion Training Room as a Community Room until the multi-purpose room at Capell Elementary School becomes available for use;

2. Work with Napa Valley Unified School District to = provide reservations and on-site attendant services at no cost to the County; and

8A.      Continued

3. Authorize Napa County Fire Department and County Counsel to work wit= h the original grantor of land to broaden the uses that can be permitted at the C= apell Valley Fire Station.

APPROVED REQU= ESTS        &= nbsp;        BW-BD-MR-DD-ML<= /o:p>

8B. &nb= sp;     9:30 A.M. Recess to the Boa= rd of Equalization.

&= nbsp;          (SEE BOARD OF EQUALIZATION MINUTES)

8C.      10:00 A.M. Acting Director of Conserva= tion, Development and Planning and Community Partnership Manager to provide status report on General Plan Update with possible direction from the Board of Supervisors.

REPORT GIVEN – DISCUSSION HELD

ITEM CONTINUE= D TO OCTOBER 12, 2004 AT 9:30 A.M.

8D. &nb= sp;    1:30 P.M. Recess to the Napa County Flood Control and Water Conservation District meeting.

(SEE NAPA COUNTY FLOOD= CONTROL AND WATER CONSERVATION DISTRICT MINUTES)

8E.       2:30 P.M. County Executive Of= ficer to present a status report on the preliminary findings of the Administrativ= e Task Force convened to review the operations of the Office of the Registrar of Voters.

   = ;         REPORT GIVEN

8F.       4:00 P.M. Recess to a Special Joint M= eeting with the Napa City Council to discuss the status of the potential ballot measure for countywide street and road tax. (Napa City Hall)

   = ;         MEETING HELD – NO ACTION TAKEN<= o:p>

   = ;

Admi= nistrative Items

9A.      Acti= ng Director of Conservation, Development and Planning requests approval of Bud= get Transfer No. 28 appropriating $195,224 in the Conservation, Development and Planning budget, with $145,080 in offsetting revenues from Contingency set aside for the General Plan Update and $50,144 from Fire Protection, for Baseline Data Report and Geographic Information System

mapping requirements. (4/5 vote required)

APPROVED REQU= EST               &= nbsp;   DD-BW-MR-BD-ML        &= nbsp;           &nbs= p;            &= nbsp; BT-28

9B.       Cler= k of the Board requests two (2) appointments from the following list of applican= ts to serve as Directors of the Governing Board of the Circle Oaks County Water District with one term of office to expire January 2005 and one term of off= ice to expire January, 2007:

Applicants

Richard A. Cannon

James P. Mills

Mathew Senander II

THE BOARD APP= OINTED JAMES P. MILLS WITH THE TERM OF OFFICE TO EXPIRE JANUARY 2005, AND MATHEW SENANDER II WITH THE TERM OF OFFICE TO EXPIRE JANUARY 2007.<= /p>
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10.&nbs= p;      Legislative Items.

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

SUPERVISOR DILLON REPORTED THAT ON SEPTEMBER 15, 20= 04, THE NAPA BERRYESSA RESORT IMPROVEMENT DISTRICT HELD A COMMUNITY MEETING AND INVITED COUNTY STAFF TO ATTEND TO DISCUSS THE REC= ENT WATER OUTAGES. IN ATTENDANCE = WERE SUPERVISOR DILLON, PUBLIC WORKS STAFF DON RIDENHOUR, NATE GALAMBOS, ANNA MA= RIA MARTINEZ AND DEPARTMENT OF HEALTH SERVICES STAFF DON CLARK. SUPERVISOR DILL= ON STATED STAFF DID AN EXCELLENT JOB RESPONDING TO THE RESIDENTS’ QUESTI= ONS AND CONCERNS.

SUPERVISOR DILLON REPORTED THAT ON SEPTEMBER 17, 20= 04, SHE AND NANCY WATT, COUNTY EXECUTIVE OFFICER, GAVE A PRESENTATION AT THE <= st1:place w:st=3D"on">ST. HELENA CHAMBER OF COMMERCE QUARTERLY BREAKFAST MEETING.

SUPERVISOR DODD REPORTED ON THE TRIP THAT HE, SUPERVISOR RIPPEY, FLOOD CONTROL DISTRICT BOARD MEMBERS ED HENDERSON AND

KEN SLAVENS AND PROJECT MANAGER HEATHER STANTON MAD= E TO WASHINGTON, D.C.&= nbsp; THE PURPOSE OF THE TRIP WAS TO LOBBY FOR ADDITIONAL MONEY TO COMPLET= E THE FLOOD CONTROL PROJECT. SUPERV= ISOR DODD STATED HE FELT IT WAS A SUCCESSFUL TRIP AND COMMENTED THAT HE FELT SUPERVISOR RIPPEY AND MAYOR

ED HENDERSON HAD PAVED THE WAY FOR OTHER FLOOD CONT= ROL DISTRICT BOARD MEMBERS TO SUCCESSFULLY DO THEIR JOB IN LOBBYING SUPPORT FOR= THE PROJECT.

SUPERVISOR RIPPEY ALSO REPORTED ON THE TRIP AND STA= TED IT WAS A GOOD TRIP. HE NOTED = THE LANGUAGE IN THE FINAL APPROPRIATIONS BILL CURRENTLY IN THE HOUSE OF REPRESENTATIVES AND SAID THE ONLY FLOOD CONTROL PROJECT REFERENCED WAS NAPA COUNTY’S. SUPERVISOR RIPPEY ALSO COMMENTED T= HAT HE FELT CONFIDENT THE COUNTY’S PROJECT WOULD BE COMPLETED IN THE FOUR-YE= AR TIME SCHEDULE.

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12. =       Board of Supervisors' Future Agenda Items.

        &= nbsp;   NONE

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

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14. &nb= sp;     Closed Session.

A. CONFERENCE WITH LEGAL COUN= SEL - ANTICIPATED LITIGATION

   = ;            &n= bsp; Significant exposure to litigation pursuant to subdivision (b) of Government Code     Section 54956.9: (One c= ase)

&= nbsp;           &nbs= p;          CLOSED SESSION HELD – NO REPORTABLE ACTION

B.   PUBLIC EMPLOYEE APPOINTMENT/ONGOING RECRUITMENT OF THE FOLLOWING POSITIONS (Governme= nt Code Section 54957):

Director of Conservation, Development and Plannin= g

Director of Health and Human Services

&= nbsp;           &nbs= p;          CLOSED SESSION NOT HELD

C. CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section

      54957.6)

   &nbs= p;            &= nbsp;           &nbs= p; Agency Designated Representatives: Dennis Morris, Human Resources Director

   &nbs= p;            &= nbsp;           &nbs= p; Unrepresented Employees: Non-Classified, Management and Confidential

   &nbs= p;            &= nbsp;           &nbs= p; Employees of the County of Napa (Excluding Elected Officials)=

   &nbs= p;        CLOSED SESSION NOT HELD

D. CONFERENCE WITH LABOR NEGO= TIATOR (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 28, 2004= AT 9:00 A.M.

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_________= _________________________

MARK LUCE, Chairperson

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ATTEST        &= nbsp; __________________________________

               = ;            &n= bsp;                &= nbsp;   PAMELA MILLER, Clerk of the Board

KEY=

Vote:    ML =3D Mark Luce; DD = =3D Diane Dillon; BD =3D Bill Dodd; MR =3D Mike Ri= ppey; 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