MINUTES OF THE

MINUTES OF TH= E

MEETING OF THE BOARD OF SUPERVISORS

C= OUNTY OF NAPA

October = 5, 2004

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

THE BOARD= OF SUPERVISORS OF THE COUNTY= OF NAPA MET IN REGU= LAR SESSION ON TUESDAY, OCTOBER 5, 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 9:01 A.M.

2. &nbs= p; Pledge of Allegiance.

MARY JEAN MCLAUGHLIN LED THE SALUTE = TO THE FLAG.

Pres= entations and Commendations

3A. = Presen= tation of a proclamation declaring October 4-10, 2004 as “Mental Health Awareness Week” in = Napa County.

&= nbsp; PRESE= NTATION MADE

4. &nbs= p; Public Comment.

VINCENT BLAKE SERVED THE COUNTY WITH A SUMMONS= FOR SMALL CLAIMS COURT. MR. BLAKE REQUESTED THE BOARD PLACE= THE TOPIC OF THE NAPA RIVER RECLAMATION DISTRICT, SPECIFICALLY EDGERLY ISLAND AND THE FLOOD CONTROL DISTRICT PROJECT, ON A FUTURE AGENDA.

SUPERVISOR LUCE REFERRED THE REQUEST TO STAFF = FOR ACTION.

ROBERT WESTMEYER, COUNTY COUNSEL, STATED THE BOARD OF SUPERVISORS IS NOT THE BOARD OF DIRECTORS FOR THE DISTR= ICT.

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

JOHN TUTEUR, = ASSESSOR-RECORDER-COUNTY CLERK-REGISTRAR OF VOTERS, ANNOUNCED THAT EARLY VOTING BEGAN THIS MORNING A= ND STATED ABSENTEE BALLOTS ARE NOW AVAILABLE.= HE STATED YESTERDAY WAS THE LAST DAY TO REGISTER AND GET A SAMPLE BA= LLOT THROUGH THE MAIL. HE NOTED PE= OPLE CAN STILL REGISTER TO VOTE, THEY JUST WON’T RECEIVE THEIR SAMPLE BALL= OT THROUGH THE MAIL. MR. TUTEUR = SAID IN 2000 THERE WERE 1,300 PERMANENT ABSENTEE VOTERS AND TODAY THERE ARE APPROXIMATELY 13,000, AND REPORTED AS OF THIS MORNING THERE WERE 66,288 REGISTERED VOTERS IN NAPA= COUNTY.<= /b>

Cons= ent Calendar

6A.      Acting Dir= ector of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of revenue Agreement No. 3110 with the California Department of Health Services for a maximum of $123,759 for the term April = 1, 2004 through March 31, 2007 for services related to the Ryan White Comprehensive AIDS Resources Emergency (CARE) Program.            =             &nb= sp;            =             &nb= sp;            =                  &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p; A-3110

6B.       Acti= ng Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 3740 with Community Heal= th Clinic Olé for a maximum of $95,000 for the term July 1, 2004 through June 30, 2005 to provide indigent medical services.            =             &nb= sp;            =             &nb= sp;            =                 &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p; A-3740

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 Telecare Corporation for the term

July 1, 2004 through June 30, 2005:

1. Agreement No. 4277 to provide managed care inpatient mental health services;     &n= bsp;

            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;        A-4277

2. Agreement No. 4464 for a maximum of $25,000 to provide inpatient mental

   &nbs= p;            &= nbsp;           &nbs= p; health services to uninsured clients.  &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;          A-4464

6D.      Acting Dir= ector of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4597 with Napa Valley Unified School District,

Napa= Valley Adult School for a maximu= m of $5,000 for the term July 1, 2004 through

June 30, 2005 to provide training services to clients participating in the Training and Employment Center Program.        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            A-4597

6E.       Acti= ng Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements with the California Departme= nt of Health Services for the provision of HIV Counseling and Testing and AIDS Education and Prevention services:

1. Amendment No. 5 to Agreement No. 3409 (AIDS Master Grant Agreement)

   = ;            &n= bsp; decreasing the amount by $42,926 for a new maximum of $639,947;

   &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;   A-3409

        =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;           (AME= ND. 5)

2. Amendment No. 2 to Agreement No. 3485 prescribing terms and conditions for

      HIV Counseling and Testing; and        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;     A-3485

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

3. Amendment No. 2 to Agreement No. 3820 prescribing terms and conditions for AIDS Education and Prevention activities.            =             &nb= sp;            =             &nb= sp;         A-3820

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

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. 4857 with Thomas Jackson, M.D., incorporating agency-wide changes to the General Terms and Conditions and increasing documentation standards for services provided in = the Mental Health Outpatient Managed Care Program.            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ; A-4857

        =             &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. 6154 with Randy Snowden increasing the amount by $5,000 for a new maximum of $20,000 and incorporat= ing agency-wide changes to the General Terms and Conditions for Fiscal Year 2004-2005.     &nb= sp;            =             &nb= sp;           A-6154

        =             &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 Amendment No. 1 to Agreement No. 6197 with Ocadian Care Cente= rs, dba Medical Hill Rehabilitation Center, incorporating agency-wide changes to the General Terms and Conditions and revising the rate of compensation for Fiscal Year 2004-2005.   &nb= sp;       A-6197

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

6I.        Acting Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 6254 with Boys and G= irls Club of Napa Valley increasing the amount by $14,419 for a new maximum of $64,297, incorporating agency-wide changes to the General Terms and Conditi= ons and revising the Scope of Work include project activity deadlines for youth skills training services.   =             &nb= sp;              &= nbsp;           &nbs= p;            &= nbsp; A-6254

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

6J.        Director of Public Works requests award of the contract for the "Asphalt Concre= te Resurfacing of Silverado Trail Project," RDS 04-16, to R.D. Evans Grad= ing and Paving of Foresthill, Cal= ifornia, for their low base bid of $897,087 and authorization for the Chair to sign = the construction contract.

6K.      Agricultur= al Commissioner/Sealer of Weights and Measures requests approval of and authorization for the Chair to sign renewals of the following agreements wi= th the California Department of Food and Agriculture and the United States Department of Agriculture to perform services for the term July 1, 2004 thr= ough June 30, 2005:

1. Agreement No. 3547 for reimbursement of expenditures for weighmaster audits

   = ;            &n= bsp; with revenue not to exceed $4,650;  &n= bsp;            = ;            &n= bsp;            = ;         A-3547

2. Agreement No. 4212 for reimbursemen= t of expenditures for the enforcement of

   &nbs= p;            &= nbsp;           &nbs= p; the California Organic Foods Act with revenue not to exceed $1,400;         = A-4212

3. Agreement No. 2683 for reimbursement of expenditures for performance of

      inspections and sampling of petrol= eum products with revenue not to exceed

      $2,325;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp; A-2683

6K.      Continued

4. Agreement No. 4103 for reimbursement of expenditures for high-risk pest

   = ;            &n= bsp; exclusion inspection services with revenue not to exceed $4,674; and        &= nbsp; A-4103

5. Agreement No. 2036 for payment not to exceed $60,380 for animal damage

   = ;            &n= bsp; control services.     &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;         A-2036

6L.       Agri= cultural Commissioner/Sealer of Weights and Measures requests approval of and authorization for the Chair to sign Amendment No. 1 to Joint Powers Agreeme= nt No. 3633 with Sonoma County Sealer of Weights and Measures to include the M= arin County Sealer and to accept Marin County’s weig= ht truck and petroleum truck into the agreement.            &= nbsp; A-3633

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

6M.      Human Reso= urces Director requests adoption of a resolution regarding the following in connection with the Public Administrator-Guardian Division of the Health and Human Services Agency, effective October 5, 2004:

1. Amend the Departmental Allocation List to add one (1) Assistant Public

   = ;            &n= bsp; Guardian/Conservator and one (1) .5 Senior Office Assistant and delete one (1)

   = ;            &n= bsp; Assistant to the Public Administrator/Guardian/Conservator and one (1) Probate

   = ;            &n= bsp; Assistant;

2. Amend the Table and Index to add Assistant Public Guardian/Conservator; and

3. Amend appropriate policies to add Assistant Public Guardian/Conservator.

   &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;   R-04-164

6N.      Human Reso= urces Director requests approval of a ninety (90) day extension of Leave Without = Pay for a Child Support Specialist II in Child Support Services through December 31, 2004.

6O. &nb= sp;    Approve minutes of the meeting held September 21, 2004.

7. &nbs= p;       Discussion of items removed from the Consent Calendar.

&= nbsp;          NONE

= ;           APPROV= ED CONSENT CALENDAR ITEMS 6A THROUGH 6O.

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

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 rescin= ding 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 environ= ment 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 implementa= tion of the California Environmental Quality Act at 14 CCR 15308.]; and

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.&nbs= p;

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)].

(CONTINUED F= ROM SEPTEMBER 14, 2004; STAFF RECOMMENDS CONTINUANCE TO OCTOBER 26, 2004 AT 1:30 P.M.)

PUBLIC HEARING CONTINUED TO OCTOBER 26, 2004 AT 1:30 P.M.

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

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8B.       2:00 P.M. Recess to the Napa County F= lood Protection and Watershed Improvement Authority meeting.

(SEE NAPA COUNTY FLOOD PROTECTION AND WATERS= HED IMPROVEMENT AUTHORITY MINUTES)

Admi= nistrative Items

9A. &nb= sp;    Adoption of a resolution amending the Napa County Policy Manual to modify the Rules = of

Conduct of the Napa County Board of Supervisors to add guidelines relating to appointments of

Board members to committees, commissions, boards authorities, and to amend the policy

regarding public appointments.

(CONTINUED F= ROM SEPTEMBER 28, 2004)

&= nbsp;          ADOPTED RESOLUTION            = DD-MR-BD-BW-ML        &= nbsp;           &nbs= p;            &= nbsp; R-04-165

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

10. &nb= sp;     Legislative Items.

&= nbsp;          NONE<= o:p>

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

SUPERVISOR LUCE REPORTED HE AND SUPERVISOR DILLON M= ET WITH THE BUREAU OF RECLAMATION REGARDING LAKE BERRYESSA AND DISCUSSED CONCERNS REGARDING FINANCES AND THE IMPACTS TO COUNTY SERVICES DURING THE TRANSITION THAT IS SCHEDULED TO OCCUR.

SUPERVISOR DODD RECOGNIZED THE COMMISSION ON AGING, STATING THEY ARE WORKING VERY HARD TO STREAMLINE OPERATIONS TO BECOME MORE EFFECTIVE, INCLUDING ATTENDING TRANSPORTATION MEETINGS REGULARLY SO THAT TRANSPORTATION ISSUES FOR SENIORS ARE RECOGNIZED.

<= /o:p>

Supervisor wagenknecHt ANNOUNCED THAT A domestic violence memorial WILL BE HELD October 7, 2004 with a candlelight walk from fIRST sqUeezE to veteran’s memorial park with P= RESENTATIONS AND a DISCUSSION IMMEDIATELY FOLLOWING THE WALK.

SUPERVISOR DILLON REPORTED THAT= ON OCTOBER 4, 2004, FOUR OF the SUPERVISORS ATTENDED A CEREMONY FOR THE DONATI= ON OF A PIECE OF ART TO THE NEW NAPA VALLEY VINTNER’S COMMUNITY HEALTH CENTER. THE ARTIST, ROBERT KANTOR, FROM SUN VALLEY, IDAHO, DONATED THE WORK OF ART because HE WAS SO IMPRESSED BY THE GENEROSITY OF THE DONORS WHO BUILT THE CENTER.

<= /o:p>

SUPERVISOR DODD REPORTED HE WILL NOT BE AT THE OCTO= BER 12, 2004 MEETING AS HE WILL BE ATTENDING THE AMERICAN PUBLIC TRANSPORTATION ASSOCIATION MEETING IN ATLANTA= , GEORGIA.<= o:p>

<= /o:p>

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

SUPERVISOR WAGENKNECHT INQUIRED AS TO WHICH PROPOSITIONS WOULD BE DISCUSSED AT THE OCTOBER 12, 2004 MEETING.=

ANDREW CAREY, MANAGEMENT ANALYST II, RESPONDED PROPOSITIONS 1A, 59, 63, 66, 68, 69 AND 70 ARE SCHEDULED TO BE DISCUSSED.

SUPERVISOR RIPPEY REQUESTED THAT THE PROPOSED CONTR= IBUTION TO NAPA= COUNTY LEAGUE OF GOVERNMENTS (N= CLOG) FOR TOURIST-RELATED ACTIVITIES BE PLACED ON A FUTURE AGENDA FOR DISCUSSION.

CHAIR LUCE STATED HE AND SUPERVISOR DILLON HAD BEEN MEETING WITH COUNTY STAFF REGARDING ENFORCEMENT OF THE TRANSIENT OCCUPANCY TAX AT LOCAL BED AND BREAKFASTS, AND NOTED THAT STAFF WILL BE AGENDIZING THIS ISSUE IN THE NEAR FUTURE.

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

NANCY WATT, COUNTY EXECUTIVE OFFICER, ANNOUNCED THAT THE

JOINT MEETING WITH THE NAPA CITY COUNCIL IS SCHEDULED FOR OCTO= BER 26, 2004 AND AN UPDATE OF THE HOUSING MEMORANDUMS OF UNDERSTANDING WILL BE = THE AGENDA ITEM.

14. &nb= sp;     Closed Session.

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

   = ;            &n= bsp; Agency Designated Representatives: Dennis Morris, Human Resources Director

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

&= nbsp;          CLOSED SESSION HELD – NO REPORTABLE ACTION

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

OCTOBER 12, 2004 AT 9:00 A.M.

__________________________= __________

           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;         MARK LUCE, Chairperson

&nbs= p;

&nbs= p;

&nbs= p;

ATTEST:         = ____________________________________

        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           PA= MELA MILLER, Clerk of the Board

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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