MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

August 9, 2005

1. Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGULAR SESSION ON TUESDAY AUGUST 9, 2005, AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIRPERSON DIANE DILLON, SUPERVISORS BILL DODD, HAROLD MOSKOWITE, BRAD WAGENKNECHT AND MARK LUCE. THE MEETING WAS CALLED TO ORDER BY CHAIR DILLON AT 9:03 A.M.

2. Pledge of Allegiance.

MARY JEAN MCLAUGHLIN, COUNTY PUBLIC INFORMATION OFFICER, LED THE SALUTE TO THE FLAG.

Presentations and Commendations

3A. Presentation of a proclamation declaring August, 2005 as "Child Support Awareness Month" in Napa County.

PRESENTATION MADE.

4. Public Comment.

MIKE RODRIGUEZ INQUIRED AS TO THE TIME FRAME EXPECTED FOR HEARING ITEMS 9A AND 9B ON THE AGENDA.

CHAIR DILLON ADVISED THAT THE MATTERS WOULD BE HEARD AT 9:30 A.M.

5. Department Heads' Reports and Announcements.

JANET McCOY, LIBRARY DIRECTOR, ADDRESSED THE BOARD AND PRESENTED A FRAMED POSTER OF THE CHILDREN’S MURAL CREATED BY THE FRIENDS OF THE NAPA LIBRARY.

Consent Calendar

6A. Chief Probation Officer requests approval of and authorization for the Chair to sign the renewal of

Agreement No. 6119 with the County of Sonoma at the rate of $3,000 per ward per month on an

as needed basis, and at a rate of $1,200 per ward per month for aftercare services for the term of

July 1, 2005 to June 30, 2006 for court ordered placements of Napa County wards.

A-6119

6B. Director of Health and Human Services requests approval of and authorization for the Chair to

sign Amendment No. 2 to Agreement No. 2731 with Child Abuse Prevention Services, Inc., dba COPE Family Center, increasing the amount by $3,000 for a new maximum of $25,000,

incorporating agency-wide changes to the General Terms and Conditions, and revising the budget

to provide child abuse prevention services for Fiscal Year 2005-2006. A-2731

(AMEND. 2)

6C. Director of Health and Human Services requests approval of and authorization for the Chair to

sign the following agreements with ECHO Management Group for software maintenance support:

1. Amendment No. 3 to Agreement No. 4322 increasing the amount by $500 for a new

Maximum of $21,568, updating the description of services to include Data Junction Lite for HIPAA compliance, and updating federal health care program compliance requirements; and

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

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

A-4322

(AMEND. 3)

7D. Director of Health and Human Services requests approval of and authorization for the Chair to

sign Amendment No. 1 to Agreement No. 4770 with Teletask, Inc., incorporating agency-wide

changes to the General Terms and Conditions and increasing the amount by $840 for a new

maximum of $2,935 for maintenance of a voice response and auto dialer system for the Maternal

Child Health and the Women, Infants and Children programs. A-4770

(AMEND. 1)

6E. Director of Health and Human Services requests approval of and authorization for the Chair to

sign Amendment No. 1 to Agreement No. 6231 with Catholic Charities, CYO, incorporating

agency-wide changes to the General Terms and Conditions, adding language regarding billing

requirements, amending compensation rates, and increasing the amount by $11,000 for a new maximum of $55,000 for the contractor to provide residential mental health services.

A-6231

(AMEND. 1)

6F. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following amendments regarding the Safe and Drug Free Schools and Communities

Grant:

1. Amendment No. 2 to Agreement No. 6255 with COPE Family Center, incorporating

agency-wide changes to the General Terms and Conditions, increasing the amount by $26,338 for a new maximum of $115,979, revising the Scope of Work to include educational trainings for parents to be held in American Canyon, and revising the budget for Program Year 2004-2005 and subsequent years; A-6255

(AMEND. 2)

2. Amendment No. 3 to Agreement No. 6245 with Mark Duerr, dba Duerr Evaluation

Services, incorporating agency-wide changes to the General Terms and Conditions,

increasing the amount by $2,988 for a new maximum of $18,213, revising the budget

for Program Year 2004-2005, and establishing a maximum of $18,038 for Program

Year 2005-2006; and A-6245

(AMEND. 3)

3. Amendment No. 3 to Agreement No. 6254 with the Boys and Girls Club of Napa

Valley, incorporating agency-wide changes to the General Terms and Conditions,

increasing the amount by $15,394 for a new maximum of $65,272 and revising the

budget for Program Year 2004-2005 and subsequent years. A-6254

(AMEND. 3)

6G. Director of Health and Human Services requests approval of and authorization for the Chair to

sign the following agreements with Pamela Walton, MFT, for the term August 9, 2005 through

June 30, 2006:

1. Agreement for a maximum of $5,000 to provide services in the Mental Health

Outpatient Managed Care Program; and A-6491

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

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

A-6491-1

6H. Director of Health and Human Services requests approval of and authorization for the Chair to sign a Short-Doyle Medi-Cal HIPAA Transactions Trading Partner Agreement with the Department of Mental Health for the term May 19, 2005 through May 18, 2006 outlining the

requirements for submitting HIPAA-compliant electronic claims to the Department of Mental

Health. A-6492

6I. Library Director requests approval to accept two grants from the California State Library and

several donations from the Library Foundation and the Napa Friends of the Library totaling

$132,923.

6J. Director of Public Works requests approval of and authorization for the Chair to sign an

agreement with Matriscope Engineering Laboratories, Inc. for a maximum of $50,000 for the term

August 9, 2005 through June 30, 2006 for construction testing services. A-6493

6K. Director of Public Works requests the following actions relating to the "Energy Efficient Mechanical Retrofit for the Hall of Justice and Administration Building Project," PW 04-15:

1. Rejection of all the bids received on July 7, 2005; and

2. Approval of revised plans and specifications for the "Energy Efficient Mechanical

Retrofit for the Hall of Justice and Administration Building Project," PW 04-15R,

authorization to re-advertise for sealed bids and opening of the bids at a time, date and

location to be published by the Director of Public Works pursuant to Section 20150.8

of the Public Contract Code.

6L. Clerk of the Board requests adoption of a resolution authorizing consolidation of the Howell

Mountain School District bond election with the statewide special election to be held on

November 8, 2005. R-05-135

6M. Human Resources Director requests adoption of a resolution amending the Departmental

Allocation List for the Public Health Division of the Health and Human Services Agency with

regards to deleting one (1) Public Health Nurse and adding one (1) Staff Nurse, effective August 13, 2005. R-05-136

6N. County Executive Officer requests ratification of signatures of support by the County Executive

Officer, the Director of Health and Human Services and the Emergency Services Manager as a

requirement of the Napa County Office of Education grant application to the U. S. Department of

Education for a maximum of $600,000 for the development of a comprehensive Countywide

School Emergency Services Plan and Program.

6O. County Executive Officer requests the reappointment of Richard F. Hum, representing Supervisorial District #2, and Wendy Wallin, representing Supervisorial District #3, to the Board

of Directors of the Area Agency on Aging Serving Napa and Solano Counties with the terms of

office to commence immediately and expire July 1, 2007.

6P. County Executive Officer requests approval of and authorization for the Chair to sign an

agreement with Omni-Group, Inc. for a maximum of $188,100 for the term August 9, 2005

through June 30, 2006 to provide Phase One of the Adult Correctional System Master Plan which

will include defining future correctional resource needs. A-6494

6Q. Approve minutes of the regular meetings held May 3, 10 and 17, 2005.

7. Discussion of Items Removed from the Consent Calendar.

NONE

APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6Q

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Set Matters or Public Hearings

8A. 9:00 a.m. Auditor-Controller requests approval of the final appropriation and revenue levels and

adoption of a resolution adopting the final budget for Fiscal Year 2005-2006 for County Service

Area No. 3. (4/5 vote required)

THE BOARD ADOPTED THE RESOLUTION APPROVING THE FINAL BUDGET FOR COUNTY SERVICE AREA NO. 3 IN THE SUM OF $311,788.

BD-BW-ML-HM-DD R-05-137

8B. 9:00 a.m. Auditor-Controller requests approval of the final appropriation and revenue levels and

adoption of a resolution adopting the final budget for the Fiscal Year 2005-2006 for County Service Area No. 4. (4/5 vote required)

THE BOARD ADOPTED THE RESOLUTION APPROVING THE FINAL BUDGET FOR THE FISCAL YEAR 2005-2006 FOR COUNTY SERVICE AREA NO. 4 IN THE SUM OF $455,415.

HM-BD-BW-ML-DD R-05-138

8C. 9:00 a.m. Recess to the Lake Berryessa Resort Improvement District meeting.

(SEE LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)

8D. 9:00 a.m. Recess to the Napa Berryessa Resort Improvement District meeting

(SEE NAPA BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)

8E. 9:00 a.m. Recess to the Monticello Public Cemetery District meeting.

(SEE MONTICELLO PUBLIC CEMETERY DISTRICT MINUTES)

8F. 9:00 a.m. Recess to the Silverado Community Services District meeting.

(SEE SILVERADO COMMUNITY SERVICES DISTRICT MINUTES)

8G. 9:30 a.m. Closed Session

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(a)) Names of cases:

1. Polk et. al. v. County of Napa, et. al. (US District Court Case No. C 04 2903);

2. Isaac Stephenson et. al. v. County of Napa, et. al. (Napa Superior Court Case No. 26-27091);

3. Vickii Garcia v. County of Napa, et. al. (Napa Superior Court Case No. 26- 23875);

4. Pedro Jaramillo et. al. v. County of Napa, et. al. (US District Court Case No. C 04 1740); and

4. Melissa Devos v. County of Napa, et. al. (Napa Superior Court Case No. 26- 28362)

CLOSED SESSION HELD – NO REPORTABLE ACTION

8H. 9:30 a.m. Closed Session

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: (26 cases)

CLOSED SESSION HELD – NO REPORTABLE ACTION

8I. 11:30 a.m. County Counsel requests the Board consider and adopt a resolution of Findings of Fact

and Decision on Appeal regarding the appeal filed by Earth Defense for the Environment Now

(EDEN), to the decision by the Conservation, Development and Planning Director on March 28,

2005 to certify the Final Environmental Impact Report (FEIR) for Erosion Control Plan No.

99323-ECPA and to approve 99323-ECPA, for the Robert Mondavi Properties, Inc. Suscol

Springs Vineyard Project within an Agricultural Watershed and Airport Compatibility (AW:AC)

zoning district. (Assessor's Parcel No. 046-400-034) ENVIRONMENTAL DETERMINATION: An Environmental Impact Report (EIR) was prepared and certified by the Conservation,

Development and Planning Director pursuant to CEQA, the State CEQA Guidelines, and the

County's local procedures. The adequacy of the FEIR was the subject of the appeal so the Board

will need to affirmatively recertify the FEIR pursuant to State CEQA Guidelines Section 15090.

ITEM CONTINUED TO AUGUST 16, 2005 AT 9:15 A.M.

BW-BD-ML-HM-DD

Administrative Items

9A. County Counsel requests the Board:

1. Receive certification of sufficient signatures on the initiative known as the "Read and

Understand Act" from the Registrar of Voters; and

REGISTRAR OF VOTERS CERTIFICATION OF SUFFICIENT SIGNATURES ACCEPTED.

BW-BD-ML-HM-DD

2. Take one of the three following actions as required by Elections Code Section 9118:

a. Direct staff to prepare an ordinance tracking the "Read and Understand Act"

without alteration for adoption by the Board on or before August 19, 2005; or

b. Adopt a resolution ordering an election and placing the "Read and Understand

Act" initiative on the ballot for the November 8, 2005 statewide special election;

c. Order the appropriate department(s) to prepare and present to the Board a report

within 30 calendar days, pursuant to Elections Code Section 9111, and identify

what information should be included in the report.

STAFF DIRECTED TO INCLUDE IN THE RESOLUTION THE LANGUAGE REQUIRING THE TEXT OF THE INITIATIVE BE IN THE SAMPLE BALLOT.

BD-BW-ML-HM-DD

STAFF ORDERED TO PREPARE A 9111 REPORT TO BE PRESENTED AT A SPECIAL MEETING ON SEPTEMBER 6, 2005, AND TO INCLUDE ALL CONCERNS RAISED BY THE BOARD.

BW-BD-ML-HM-DD

AUDITOR-CONTROLLER DIRECTED TO INCLUDE THE FISCAL ANALYSIS IN THE SAMPLE BALLOT.

BW-ML-BD-HM-DD

9B. County Counsel requests the Board:

1. Receive certification of sufficient signatures on the initiative known as the "Fair

Payment for Public Benefit Act" from the Registrar of Voters; and

REGISTRAR OF VOTERS CERTIFICATION OF SUFFICIENT SIGNATURES ACCEPTED.

BD-BW-ML-HM-DD

9B Continued.

2. Take one of the three following actions as required by Elections Code Section 9118:

a. Direct staff to prepare an ordinance tracking the "Fair Payment for Public Benefit

Act" without alteration for adoption by the Board on or before August 19, 2005;

b. Adopt a resolution ordering an election and placing the "Fair Payment for Public

Benefit Act" initiative on the ballot for the November 8, 2005 statewide special

election; or

c. Order the appropriate department(s) to prepare and present to the Board a report

within 30 calendar days, pursuant to Elections Code Section 9111, and identify

the information which should be included in the report.

STAFF DIRECTED TO INCLUDE IN THE RESOLUTION THE LANGUAGE REQUIRING THE TEXT OF THE INITIATIVE BE IN THE SAMPLE BALLOT.

BD-BW-ML-HM-DD

BOARD ORDERED THE PREPARATION OF A 9111 REPORT TO BE PREPARED BY AN INDEPENDENT CONSULTANT AND TO INCLUDE ALL SEVEN SECTIONS, PLUS THE LIST OF CONCERNS DETAILED BY THE BOARD. THE REPORT SHOULD BE PRESENTED AT THE SEPTEMBER 6, 2005 SPECIAL MEETING.

BW-ML-BD-HM-DD

AUDITOR-CONTROLLER DIRECTED TO INCLUDE FISCAL ANALYSIS IN SAMPLE BALLOT.

BW-ML-BD-HM-DD

9C. County Executive Officer recommends that the Board provide the following direction related to

the County's participation in the Community Development Block Grant Program:

1. Authorize County participation in the current round of funding for Planning and

Technical Assistance grants; and

2. Require that agencies or organizations requesting Planning & Technical Assistance

Grant funding through the County be responsible for preparing all needed application

documents and materials for County review and for providing any required County match; and

3. Designate the County Executive Officer, or her designee, to hold the first public

Hearing required to consider public input on the potential uses of CDBG funds; and

4. Direct that staff prepare an analysis of issues related to County participation in other

Elements of the CDBG program and provide that analysis and a recommendation to the Board by December of 2005.

APPROVED STAFF RECOMMENDATION AS OUTLINED IN ITEMS 1 THROUGH 4 OF ITEM 9C.

BW-BD-ML-HM-DD

Legislative Items

10A. Discussion and possible action concerning any and all issues related to AB 54 - disposal of state

surplus real property. (Unanimous vote of the Board members present required)

STAFF AND THE COUNTY LEGISLATIVE ADVOCATE DIRECTED TO REQUEST THE STATE LEGISLATURE TO ADD SKYLINE PARK TO THE SURPLUS PROPERTY BILL. THE PARK SHOULD BE SOLD TO NAPA COUNTY AT A PRICE OF $4 MILLION DOLLARS WITH OTHER TERMS ACCEPTABLE TO THE STATE DIRECTOR OF GENERAL SERVICES AND NAPA COUNTY.

ML-BW-BD-HM-DD

11. Board of Supervisors' Committee Reports and Announcements.

NONE

12. Board of Supervisors' Future Agenda Items.

NONE

13. County Executive Officer Reports and Announcements.

NONE

14. Closed Session

A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)

Property: The property known as Skyline Park and certain adjacent areas of open space located within all or portions of the following Assessor's Parcel Numbers: 046-450-041, 046-450-042, 046-380-001, 046-390-001, 045-350-002 and 045-360-001

Agency Negotiator: Robert Peterson and Michael Stoltz, Public Works Department

Negotiating Parties: State of California Under Negotiation: Price and terms of payment

CLOSED SESSION HELD – NO REPORTABLE ACTION

Adjournment

ADJOURN TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

AUGUST 16, 2005 AT 9:00 A.M.

____________________________________

BILL DODD, Chairman

ATTEST: ____________________________________

Clerk of the Board

KEY

Vote: DD = Diane Dillon; BD = Bill Dodd; ML = Mark Luce;

HM = Harold Moskowite; 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