MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF = NAPA

November 9, 2004

1. = ; Call to Order; Roll Call.

CHAIRPERSON MARK LUCE, SUPERVISORS= BILL DODD, MIKE RIPPEY AND BRAD WAGENKNECHT.&nb= sp; SUPERVISOR DIANE DILLON WAS EXCUSED. THE MEETING WAS CALLED TO ORDER BY= CHAIR LUCE AT 9:02 A.M.

2. &nbs= p; Pledge of Allegiance.

JOHN TUTEUR, = ASSESSOR-RECORDER-COUNTY CLERK-REGISTRAR OF VOTERS, LED THE SALUTE TO THE FLAG.

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Pres= entations and Commendations

3A. &nb= sp; Presentation of proclamations acknowledging the Napa Sustainable Winegrowing Group and

Robert Sinskey Vineyards, who were presented "IPM (Integrated Pest Management) Innovator

Awards" by the CalEPA, Department of Pesticide Regulation.

PRESENTATIONS= MADE

4. &nbs= p; Public Comment.

CANDACE ELIZA SPOKE REGARDING FOOD AND SHELTER FOR = THE HOMELESS AND MENTALLY DISABLED. =

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

JOHN TUTEUR, = ASSESSOR-RECORDER-COUNTY CLERK-REGISTRAR OF VOTERS, REPORTED ON THE NOVEMBER 2, 2004 ELECTION AND ST= ATED ONCE ALL BALLOTS WERE COUNTED NAPA COUNTY WOULD HAVE A TURN-OUT OF APPROXIMATELY 80%, WHICH WAS THE HIGHEST IN THE BAY AREA.

MR. TUTEUR RE= PORTED THAT THE ELECTIONS DEPARTMENT RECEIVED OVER 20,000 ABSENTEE BALLOTS, 2,464 PEOPLE VOTED EARLY, APPROXIMATELY 30,000 PEOPLE VOTED ELECTRONICALLY, AND APPROXIMATELY 1,100 PEOPLE VOTED USING A PAPER BALLOT.

MR. TUTEUR REPORTED THAT IN THE CALISTOGA CITY COUNCIL RACE THERE IS CURRENTLY A TWELVE-VOTE MARGIN WITH APPROXIMATELY

150 BALLOTS LEFT TO COUNT. HE ALSO REPORTED ON THE AMERICAN CANYON CITY COUNCIL RACE AND STATED THERE ARE STILL APPROXIMATELY 300 – 340 BALLOT LEFT TO COUNT, WITH A 72-VOTE MARGIN BETWEEN THE SECOND AND THIRD PLACE CANDIDATES. MR. TUTEUR ESTIMATED HE WOULD HAVE= ALL BALLOTS COUNTED BY NOVEMBER 16, 2004.

5. = ; Continued

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DR. KAREN SMITH, PUBLIC HEALTH OFFICER, REPORTED THE STATE DEPARTMENT OF HEALTH SERVICES WILL BE RE-ALLOCATING THE REMAINING FLU VACCINES. NAPA COUNTY RECEIVED 1,200 DOSES WITH THE POTENTIAL TO RECEIVE AN ADDITIONAL UNDETERMIN= ED AMOUNT. SHE STATED THE COUNTY= MET WITH THE PRIVATE PROVIDER COMMUNITY TO DISCUSS THE DISTRIBUTION PROCESS. DR. SMITH SAID THE CURRENT AMOUNT = OF VACCINE IS ENOUGH TO COVER TWENTY PERCENT OF THE HIGH-RISK POPULATION, WHICH INCLUDES HIGH-RISK CHILDREN AND SKILLED NURSING FACILITIES.<= /p>

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DR. SMITH ALSO REPORTED THAT THE STATE MANDATED AN AGREEMENT BE PREPARED BETWEEN THE COUNTY AND THOSE PROVIDERS WHO WILL BE US= ING STATE PURCHASED VACCINES. SHE= SAID THE AGREEMENTS WILL BE BROUGHT TO THE BOARD FOR APPROVAL AS SOON AS POSSIBL= E.

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Cons= ent Calendar

6A. &nb= sp; Acting Director of Health and Human Services requests approval of and authorization for the

Chair to sign Amendment No. 1 to Agreement No. 3989 wi= th Community Action of Napa Valley,

Inc. increasing the amount by $1,900 for a new maximum= of $88,529 to provide counseling

services for adult homeless and administration of rent= al subsidies under the Transitional

Residential Alliance and Integrated Network (TRAIN) grant. = &nb= sp; = A-3989

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

6B. &nb= sp; Acting Director of Conservation, Development and Planning requests approval of and=

authorization for the Chair to sign an agreement with Environmental Science Associates (ESA) for

$116,206 for the term November 9, 2004 through June 30, 2005 to prepare a California<= /st1:place>

Environmental Quality Act (CEQA) document for (Ronaldo) Cianciarulo Vineyards,

Lova= ll Valley, #00006-ECPA. (Assessor's Parcel No. 047-010-013). = = ; A-6354= &= nbsp;

6C. &nb= sp; Human Resources Director requests adoption of a resolution regarding the followin= g in connection

with the Administration Division of the Health and Hum= an Services Agency, effective

November 6, 2004:

1. Amend the Departmental Allocation List to add one (1) Ment= al Health Director and delete one (1) Behavioral Health Care Manager - Mental Health;

2. Amend the Table and Index to delete Behavioral Health Care Manager - Mental Health and add Mental Health Director; and

3. Amend appropriate policies to delete Behavioral Health Care Manager - Mental Health from the list of Management Classes and add Mental Health Director to the list of Management Non-Classified (Other) Classes. &= nbsp; &nbs= p; &= nbsp; R-04-184

6D. &nb= sp; County Executive Officer requests approval of the following related to processing a Request For

Proposal (RFP) for the collection of solid waste and recyclables in Garbage Zone One of

Napa= County:

1. Budget Transfer No. 36 transferring $24,479 from Contingen= cies to Central Services budget for an agreement related to processing an RFP; (= 4/5 vote required) and

&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; BT-36

2. Approval of and authorization for the Chair to sign Amendm= ent No. 1 to Agreement No. 6310 with Brown, Vence & Associates, Inc. increa= sing the amount by $24,479 for a new maximum of $86,933 for solid waste RFP services. &nbs= p; A-6310

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

6E. &nb= sp; Approve minutes of the meeting held October 19, 2004.

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

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

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Set Matters or Public Hearings

8A. 9:30 A.M. Napa County Golden Gate Bridge, Highway and Transportation District Representative Barbara Pahre to present= an update on District activities.

UPDATE PRESEN= TED

8B. &nb= sp; 4:00 P.M. Recess to a joint meeting with the Napa City Council. (BOS Meeting Room)

DURING THE PUBLIC COMMENT PORTION OF THE CITY OF NAPA’S AGEN= DA, MURIEL FAGIANI SPOKE REGARDING THE LACK OF LOCAL NEWS AND PERTINENT INFORMA= TION IN THE PROGRAMMING ON CHANNEL 28.

l. Discussion and possible direction regarding the implementation of the Memorandum of

= ; &n= bsp; Understanding between the City and County.

DISCUSSION HE= LD

2. Discussion and direction regarding a countywide sales tax measure for street and road

= ; &n= bsp; projects.

&= nbsp; DISCU= SSION HELD

Admi= nistrative Items

9A. &nb= sp; Acting Director of Health and Human Services to discuss and request approval of the following

Actions pertaining to the location and operation of the Winter Shelter and related services:

1. Adoption of a resolution declaring a shelter crisis in accordance with Government Code Sections 8698 through 8698.2; &= nbsp;

ADOPTED RESOL= UTION &= nbsp; BD-MR-BW-DD-ML &= nbsp; &nbs= p; &= nbsp; R-04-185

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

2. Authorization for the Chair to sign a lease with the State= of California to utilize space at Napa State Hospital, Building B, Napa, California, to operate an emergency winter homeless shelter from November 1= 5, 2004 through April 15, 2005;

APPROVED REQU= EST &= nbsp; BD-MR-BW= -DD-ML &= nbsp; &nbs= p; &= nbsp; A-6355

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

3. Authorization for the Chair to sign Amendment No. 1 to Agreement No. 6155 with Community Action of Napa Valley, Inc., incorporating agency-wide changes to the General Terms and Conditions, revising the Scope= of Work, and decreasing the amount by $9,390 for a new maximum of $73,518 for Fiscal Year 2004-2005 for the operation of the winter shelter;

APPROVED REQU= EST &= nbsp; BD-MR-BW= -DD-ML &= nbsp; &nbs= p; &= nbsp; A-6155

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; = X &= nbsp; &nbs= p; &= nbsp; (A= MEND. 1)

4. Authorization for the Chair to sign an agreement with Napa County Transportation Planning Agency for a maximum of $3,800 for the term November 15, 2004 through April 15, 2005 for transportation to and from the winter shelter; and

APPROVED REQU= EST &= nbsp; BD-MR-BW= -DD-ML &= nbsp; &nbs= p; &= nbsp; A-6356

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

5. Budget Transfer No. 37 transferring $83,993 from Appropriations for Contingencies to the Social Services budget. (4/5 vote required)

APPROVED REQU= EST &= nbsp; BD-MR-BW= -DD-ML &= nbsp; &nbs= p; &= nbsp; BT-37

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

9B. &nb= sp; County Executive Officer requests acceptance of a report relat= ed to Tobacco Settlement Revenue

budgeting structure and investment strategy.

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

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10. &nb= sp; Legislative Items.

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

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

SUPERVISOR WAGENKNECHT REQUESTED STAFF AGENDIZE A DISCUSSION REGARDING PROPOSITION 63 (TAX ON PERSONAL INCOME OVER $1 MILLION= FOR MENTAL HEALTH SERVICES) AND WHAT IT WILL MEAN FOR NAPA COUNTY.

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SUPERVISOR WAGENKNECHT REQUESTED THAT A REPORT FROM= THE PARKS AND OPEN SPACE COMMITTEE BE AGENDIZED FOR DECEMBER 7, 2004.

SUPERVISOR DODD STATED HE ATTENDED THE COMMUNITY AFFORDABLE HOUSING AUTHORITY MEETING ON NOVEMBER 8, 2004 AND THE AUTHORITY = PLANS TO BRING TWO PROJECTS BEFORE = THE BOARD. HE SAID THE FIRST IS AN AFFORDABLE HOUSING PROJECT LOCATED AT LINCOLN AND CALIFORNIA BOULEVARD, AND THE SECOND IS HOMELESS SHELTER FUNDING FOR PREDEVELOPMENT COSTS AT THE = GASSER CENTER.

SUPERVISOR DODD REPORTED THAT HE ATTENDED THE NAPA VALLEY HOUSING AUTHORITY MEETING ON NOVEMBER 8, 2004, WHERE NEW STANDARDS FOR ELIGIBILITY FOR JOBS AND INCOME WERE APPROVED. THESE WILL BE BROUGHT BEFORE THE B= OARD FOR APPROVAL SINCE ALL FIVE JURISDICTIONS AND THE COUNTY HAVE TO APPROVE THE NEW STANDARDS.

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SUPERVISOR LUCE REQUESTED STAFF AGENDIZE A DISCUSSI= ON ON HOW TO UTILIZE MEASURE V (RURAL DINING INITIATIVE) DOLLARS, NOW THAT THE MEASURE PASSED. HE REQUESTED = THE DISCUSSION OCCUR AFTER DECEMBER 7, 2004.

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

NANCY WATT, COUNTY EXECUTIVE OFFICER, REPORTED THAT= IN LATE DECEMBER OR EARLY JANUARY, STAFF WILL AGENDIZE A DISCUSSION REGARDING = BUDGET GUIDELINES FOR FISCAL YEAR 2005/2006, AS WELL AS ADJUSTMENTS FOR THE CURRENT FISCAL YEAR BUDGET. SHE STATE= D THIS DISCUSSION WILL INCLUDE SUPERVISOR LUCE’S REQUEST REGARDING THE EXPENDITURE OF MEASURE V REVENUE.

14. &nb= sp; Closed Session.

A. CONFERENCE WITH LEGAL COUN= SEL - EXISTING LITIGATION (Government Code Section 54956.9(a))

Names of cases:

1. County of Napa v. Edward W= illiam Schlies, et. al. (Case No. 26-25408)

2. County of Napa v. O'Neill/= Mullin LLC; HNAPAD Associates, et. al.

(Case No. 26-25407)

&= nbsp; CLOSED SESSIONS HELD – NO REPOR= TABLE ACTION

Supplemental Agenda

14. &nb= sp; Closed Session.

B. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (Government Code Section 54957).=

= ; CLOSED SESSION NOT HELD

Adjournment.=

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, NOVEMBER 16, 2004 AT 9:00 A.M.

_________________= ___________________

MARK LUCE, Chairperson

ATTEST: ________________= ____________________

PAMELA MILLER, Cl= erk of the Board<= o:p>

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 t= he recorded vote.

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