MINUTES OF TH= E

MEETING OF THE BOARD OF SUPERVISORS

C= OUNTY OF NAPA

July 13, 2004

1. Call to Order; Roll Call.

THE BOARD OF SUPERVISORS OF THE COUNTY OF NAPA MET IN REGU= LAR SESSION ON TUESDAY, JULY 13, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT: CHAIR MARK LUCE, SUPERVISORS BILL DODD,

MIKE RIPPEY, BRAD WAGENKNECHT AND DIANE DILLON.= THE MEETING WAS CALLED TO ORDER BY CHAIR LUCE AT 9:00 A.M.

2. Pledge of Allegiance.<= span style=3D'mso-tab-count:1'> &= nbsp; &nbs= p;

PATRICK LYNCH, ASSISTANT DIRECTOR OF THE CONSERVATION, DEVELOPMENT AND PLANNING DEPARTMENT, LED THE SALUTE TO THE FLAG.

3. = ; Presentations and Commendations.

&n= bsp; = NONE

4. = ; Public Comment.

DAVID BAKER, EXECUTIVE DIRECTOR, SEIU LOCAL 614, SPOKE REGARDING CURRENT LABOR NEGOTIATIONS AND STATED THE CONTRACT HAD EXPIRED. MR. BAKER ACKNOWLEDG= ED THE PRESENCE OF THE UNION’S BARGAINING COUNCIL, AND ENCOURAGED THE BOARD TO SERIOUSLY CONSIDER THE PROPOSALS PRESE= NTED TO THE COUNTY’S BARGAINING REPRESENTATIVES AT THE MEETING HELD JULY 1= 2, 1004. MR. BAKER ALSO INVITED = A MEMBER OF THE BOARD TO BEGIN DIRECTLY PARTICIPATING IN THE NEGOTIATION PROCESS.

HERBERT FORD SPOKE REGARDING A NEW LIFE SAVING DEVICE UNVEILED BY THE ANGWIN COMMUNITY AMBULANCE COMPANY. HE STATED THE DEVICE IS CALLED AUTO PULSE AND IT TAKES THE PLACE OF CONVENTIONAL CPR AS A LIFE SAVING DEVICE. MR. FORD EXPRESSED HIS APPRECIATIO= N TO THE BOARD FOR THEIR ONGOING SUPPORT OF THE ANGWIN AMBULANCE SERVICE AND SAI= D HE LOOKS FORWARD TO WIDER USE OF AUTO PULSE IN THE COUNTY.

JOHN SWEARINGEN REQUESTED CONSENT ITEM 6V BE REMOVED FRO= M THE CONSENT CALENDAR FOR DISCUSSION.

JUDY TIKTINSKY, PHD., SPOKE REGARDING THE MENTAL HEALTH INITIATIVE ON THE NOVEMBER 2004 BALLOT (PROPOSITION 63) AND REQUESTED THE B= OARD RESEARCH THE INITIATIVE. SHE = ALSO ANNOUNCED THAT SHE IS HOSTING A BENEFIT ON JULY 17, 2004 FROM 4:00 TO 7:00 = P.M. AT HER HOME AND INVITED THE PUBLIC TO ATTEND.

SUPERVISOR WAGENKNECHT REQUESTED THIS PROPOSITION BE PLA= CED BEFORE THE BOARD AT THE TIME WHEN THEY CONDUCT THEIR ANNUAL BALLOT REVIEW MEETING.

=

=

5.   = ;      Department Directors’ Reports and Announcements.

JIM FEATHERSTONE, ASSISTANT DIRECTOR OF HEALTH AND HUMAN SERVICES, = REPORTED THE DEPARTMENT IS BEGINNING THE SECOND YEAR OF A PART-TIME MASTERS DEGREE PROGRAM IN COLLABORATION WITH SAN JOSE STATE UNIVERSITY. HE STATED THERE ARE CURRENTLY SIX = COUNTY EMPLOYEES IN THE PROGRAM.

Consent Calendar

6A.      District Attorney, Chief Probation Offic= er, and Sheriff request approval of the following actions relating to the Offic= e of Emergency Services Gang Violence Suppression Multi-Component Program:<= /o:p>

1.&n= bsp;     Authorization for the District Attorney to sign a g= rant award in the amount of $331,746 for the term of July 1, 2004 through June 3= 0, 2005; and

2. = Approval of Budget Transfer = No. 3 increasing appropriations for Salaries and Employee Benefits by $65,977 in = the Probation budget and for Services and Supplies in the Sheriff budget by $3,= 215 with offsetting revenues. (4/5 vote required)

  &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;    = BT-3

6B.       Director of Health and Human Servi= ces requests approval of and authorization for the Chair to sign the renewal of Agreement No. 2131 with the Regents of the University of Calif= ornia for a maximum of $25,883 for the term July 1, 2004 through June 30, 2005 to provide training to Health and Human Services Agency staff.        &= nbsp;           &nbs= p;                &= nbsp;           &nbs= p;            &= nbsp; = A-2131

6C.      Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of revenue Agreement No. 3700 with the California Department of Health Services for $26,037 for the term July 1, 2004 through June 30, 2005 for the Child a= nd Infant Immunization Program.   &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;                    &= nbsp;           &nbs= p;            &= nbsp; = A-3700

6D.      Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of revenue Agreement No. 3742 with the California Department of Health Services (CDHS) for a maximum of $1,030 for the term July 1, 2004 through June 30, 2= 005 for costs associated with the AIDS Drug Assistance Program (ADAP).        &= nbsp;           &nbs= p;             = = A-3742

6E.       Director of Health and Human Servi= ces requests approval of and authorization for the Chair to sign Amendment No. = 5 to Agreement No. 3592 with S= t. Helena Hospital establishing the County’s all inclusive rate for managed care inpatie= nt mental health services for Fiscal Year 2004-2005.

  &n= bsp;         = SUPERVISOR LUCE ABSTAINED FROM THIS ITEM.  &= nbsp;          &n= bsp;            = ;         = A-3592

=         =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =            (AMEND. 5)

6F.       Director of Health and Human Servi= ces requests approval of and authorization for the Chair

to sign the following amendm= ents with the City of Napa for the term July 1, 2004 through

June 30, 2005 for the Family Self-Sufficiency Program:

= 1. Amendment No. 9 to revenue Agreemen= t No. 3668 for a maximum of $73,413 for a Family Self-Sufficiency Coordinator; an= d        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p; = A-3668

           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;        (AMEND. 9)

2.  = ; Amendment No. 2 to revenue Agreement No. 4907 for a maximum of $63,466 for a Family Self-Sufficiency Counselor.  &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &= nbsp;   A-4907

<= b>(AMEND. 2)

6G. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. = 1 to Agreement No. 4000 with Community Resources for Children, decreasing the am= ount by $177,000 for a new maximum of $423,000 to administer and make direct payments to child care service providers.&n= bsp; = ; <= /span> &= nbsp; &nbs= p; = A-4000

= ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; (AMEND. 1)

6H. Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. = 1 to Agreement No. 4668 with COPE Family Center revising the scope of work and budget for Fiscal Year 2004-2005. &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; = A-4668

= ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; (AMEND. 1)

6I. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements with George Monteverdi, M.D., for the term July 1, 2004 through June 30, 2005:

1. Agreement for a maximum of $39,000 to provide medical consultation services in the California Children’s Services and Medical Therapy Unit Programs; and=

2. Business Associate Agreement setting forth the terms and conditions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule.

&n= bsp; = REMOVED FROM AGENDA

6J. Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements with Susan Tam for the term July 1, 2004 through June = 30, 2005:

1. Agreement for a maximum of $44,805 to provide services for the implementation of the = Napa County Public Health Preparedness and Response to Bioterrorism Grant Program and the Health Resources Services Administration (HRSA) grant; and

= &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; A-6298

6J. Continued

2. Business Associate Agreement setting forth the terms and conditions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule.<= /p>

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; = A-6298-1

6K. &nbs= p; Director of Conservation, Development and Planning requests that the Board:

1. Adopt a resolution to change the name of "The Napa River Watershed Conservan= cy and Watershed Information Center Board" to "The Watershed Informa= tion Center and

Conservancy (WICC) of Napa County"; and &nbs= p; &= nbsp; &nbs= p; &= nbsp; = R-04-102

= 2. Appoint Don Gasser to the WICC Board as the Resource Conservation District (RCD)

= ; &n= bsp; representative.

6L. Director of Public Works requests approval of and authorization for the Chair to sign a Joint Exercise of Pow= ers Agreement with the City of American Canyon for the term May 20, 2004 through June 30, 2005 for reimbursement by City of American Canyon for 100 percent = of costs

for the installation of a wa= ter line as part of the Devlin Road Extension Project. A-6299

6M. Director of Public Works requests approv= al of and authorization for the Chair to sign an agreement with Quincy Engineering, Inc. for a maximum of $35,000 for the term July 13, 2004 throu= gh June 30, 2005 for engineering consulting services related to the Highway 12/29/Airport Road Project. &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; = A-6300

6N. Auditor-Controller requests the Board ac= cept and instruct the Clerk of the Board to file the revised and reissued Audit Report of the Napa County Local Transportation Fund for Fiscal Year

2002-2003.=

6O. Clerk of the Board requests approval of = and authorization for the Registrar of Voters to consolidate and conduct a Circ= le Oaks County Water District Election as requested by the Circle Oaks County Water District (Resolution No. 04-1) with the Election to be held November = 2, 2004.

6P. Human Resources Director requests adoption of a resolution amending the Departmental Allocation List with reg= ard to the following actions in the Social Services and Training and Employment Divisions of the Health and Human Services Agency, effective July 17, 2004:=

1. Delete one (1) Deputy Director Employment Training and add one (1) Project Manager= in the Training and Employment Division; and

2. Delete one (1) Program Evaluation Supervisor and add one (1) Program Manager I in = the Social Services Division. = &nb= sp; = &nb= sp; = R-04-103

6Q. Human Resources Director requests adopti= on of a resolution regarding the following in connection with the Communicatio= ns Division of the Information Technology Services Division of the County Executive Office, effective July 17, 2004:

= 1. Amend the Departmental Allocation L= ist to add one (1) (M) Acting Communications

Manager Limited Term (LT) through December 31,= 2004, and one (1) Communications Technician (LT) through December 31, 2004;

= 2. Amend the Table and Index to add Ac= ting Communications Manager; and

= 3. Amend appropriate policies to add A= cting Communications Manager.

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; = R-04-104

6R. Information Technology Services Di= rector requests a waiver of competitive bidding requirements and sole source award= for the purchase of annual software maintenance from PeopleSoft USA, Inc. of Pleasanton, California, for the total of $250,325 pursuant to County Ordinance Code 2.36.090.<= /o:p>

6S. Treasurer-Tax Collector requests approval of the application for Discharge of Accountability, filed with the Board of Supervisors, pertaining to certain uncollectable tax bills, totali= ng $42,009.81.

6T. County Executive Officer requests approval of and authorization for the Chair to sign an amendment to Article 3(b) of the California State Association of Counties' (CSAC) Excess Insuran= ce Authority Joint Powers Agreement, allowing member counties to extend covera= ge to non-profit entities in accordance with parameters as defined by CSAC's Executive Committee.

6U. &nbs= p; County Executive Officer requests authorization for the Chair = to sign a Certificate of

Recognition honoring Robert Green, Past-Chairman of the Napa Valley Workforce Investment Board (WIB), f= or his volunteerism and leadership on the WIB. (Supervisor Wagenknecht) <= /o:p>

6V. &nbs= p; County Executive Officer requests the Board:=

= 1. Accept and file the 2003-2004 Grand= Jury Final Report with the Clerk of the Board;

= 2. Direct the <= st1:PlaceType w:st=3D"on">County Executive Of= ficer to prepare a response to the Grand Jury Report by

= ; &n= bsp; September 23, 2004 as prescribed by law; and

3. Accept and approve transmittal to the Presiding Judge of the Superior Court the response to the Grand Jury Audit Report for Fiscal Year 2002-2003.

&n= bsp; = REMOVED FOR DISCUSSION

= &= nbsp; APPROVED REQUESTS = ; DD-BD-= MR-BW-ML

6W. County Executive Office requests authorization= to sign letter on behalf of the Board of Supervisors requesting that the Grand Jury, on an expedited basis, investigate and report on the operations of the Napa County Elections Department/Registrar of Voters as authorized by California Penal Code Section 925.

6X. &nbs= p; County Executive Officer requests the Board of Supervisors:

= 1. Cancel the regularly scheduled meet= ing of Tuesday, August 31, 2004.

2. Reschedule the cancelled meeting as a special meeting of the Board of Supervisors, pursuant to Government Code Section 54956, to be held Tuesday, August 24, 2= 004, commencing at 9:00 A.M., at the County Administration Building, 1195 Third Street, Suite 3= 05, Napa, California.

= 3. Direct the Clerk of the Board to sc= hedule a two-week hiatus annually for the Board of

Supervisors, to be held the week of Labor Day = and the week immediately preceding it, when preparing the annual meeting calend= ar.

&n= bsp; = REMOVED FROM AGENDA

6Y. &nbs= p; Approve minutes of the meeting held June 22, 2004.

6Z. &nbs= p; Approve minutes of the special meeting held June 21, 2004.

6AA. &nb= sp; Approve minutes of the meeting held June 15, 2004.

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

&n= bsp; = SEE ITEM 6V.

APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6AA, AS NOTAT= ED ABOVE. &= nbsp; &= nbsp; &nbs= p; &= nbsp; BW-DD-BD-MR-ML

Set Matters or Public Hearings

8A. 9:00 AM= Recess to the Lake Berryessa Resort Improvement District meeting.

&n= bsp; = (SEE LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)=

8B. &nbs= p; 9:00 AM Recess to the Napa Berryes= sa Resort Improvement District meeting.

&n= bsp; = (SEE NAPA BERRYESSA RES= ORT IMPROVEMENT DISTRICT MINUTES)

8C. 9:30 AM PUBLIC HEARING First reading and intention to ado= pt an Ordinance amending portions of Chapter 15.60 of the Napa County Code relati= ng to affordable housing which, if adopted, would increase the housing impact = fees for non-residential developments as set forth in the updated jobs/housing n= exus study.

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 theref= ore CEQA is not applicable [See Guidelines For the Implementation of the Califo= rnia Environmental Quality Act, 14 CCR 15061(b)(3)].

&n= bsp; = PUBLIC HEARING OPENED – TESTIMONY PRESENTED

SUPERVISOR DILLON WITHDREW HER MOTION DIRECTING STAFF TO RETURN ON JULY 20, 2004 WITH AN AMENDED ORDINANCE, INCLUDING THREE ALTERNAT= IVES TO THE FEE TABLE.

= &= nbsp;

THE BOARD APPROVED THE FOLLOWING: FEE TABLE 1, AS AMENDE= D TO CHANGE RETAIL TO $2; AMENDMENT TO LANGUAGE IN SECTION 15.60.070 AND AMENDME= NT IN LANGUAGE TO ADDRESS EXISTING APPLICATIONS. &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &= nbsp; BD-MR-BW-DD-ML

= &= nbsp; PUBLIC HEARING CONTINUED TO JULY 20, 2004 AT 3:30 P.M.

= &= nbsp;

&n= bsp;

8D. 11:00 AM Discussion and possible action rel= ating to the proposed increase of the Transient Occupancy Tax (TOT) rate from 10.= 5% to 12.0%, subject to voter approval.

1. First and final reading and adoption of an Ordinance Increasing the Transient Occupancy Tax from 10.5% to 12% and requiring any funds generated as a result of the imposition of this increas= e in the Transient Occupancy Tax to be treated as the proceeds of a general tax = and Napa County - Board of Supervisors Tuesday,

July 13, 2004 spent for general government= al purposes. (4/5 vote required)

&n= bsp;

TITLE READ

= &= nbsp; THE BOARD WAIVED READING THE BALANCE OF THE ORDINANCE.

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

= &= nbsp; ADOPTED ORDINANCE &nbs= p; MR-ML-BD-BW= -DD &= nbsp; &nbs= p; &= nbsp; O-04-06

= &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; N

&n= bsp;

2.&n= bsp; Adoption of a resolution ordering that a special election be conducted on

November 2, 2004, t= o enable the voters to approve or reject the above-referenced ordinance increasing t= he Transient Occupancy Tax rate from 10.5% to 12% and requiring the proceeds of that general tax to be spent for general governmental purposes.

ENVIRONMENTAL DETERMINATION:= 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 Environ= mental Quality Act, 14 CCR 15061(b)(3)].

ADOPTED RESOLUTION, AS AMENDED. = &nb= sp; = &nb= sp; R-04-106

&nb= sp; = &nb= sp; = &nb= sp; MR-BW-BD-DD-ML

8D.&= nbsp; Continued

THE BOARD DIRECTED STAFF TO PREPARE AN ARGUMENT AND RETU= RN TO THE BOARD PRIOR TO AUGUST 13, 2004 AND TO ADD A PERSON TO THE COMMITTEE = FROM UP VALLEY.

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

8E. 1:30 PM Recess to the Napa County Flood Co= ntrol and Water Conservation District special meeting.

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

8F. 2:00 PM Recess to the Napa County Flood Protection and Watershed Improvement Authority meeting.

(SEE NAPA COUNTY FLOOD PROTECTION AND WATERSHED IMPROVEMENT AUTHORITY MINUTES)

8G. 2:45 PM PUBLIC HEARING Consideration and possible adoptio= n of a resolution establishing, increasing and decreasing fees for services provid= ed by the Conservation, Development and Planning Department - Building and Planning Divisions; Environmental Management Department; and Department of Public Works.

&n= bsp; = PUBLIC HEARING HELD – NO TESTIMONY PRESENTED

&nb= sp; ADOPTED RESOLUTION &nb= sp; MR-BW-BD-DD-ML &= nbsp; &nbs= p; &= nbsp; R-04-105

Administrative Items

9A. &nbs= p; Director of Public Works to:

1. Present results of bid proposals for the Cuttings Wharf Boat Launch Facility Project "PW 04-02" opened on July 8, 2004 at 3:30 P.M.; and

= 2. Provide recommendation for the awar= d of the contract; and

3. Request Board of Supervisors authorization for the Director of Public Works to sign= the construction contract consistent with recommendation.

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

9B. County Executive Of= ficer requests appointment/reappointment of applicants from each of the following categories to the Mental Health Board with terms expiring as indicated:

Family Member of Consumer, T= erm Expires 01-01-07 (Two Positions)

William Grandrath **

Harris Nussbaum **

Frank Gerald Rhodes

Interested and Concerned Citizen, Term Expires 01-01-07 (Two Positions)

Richard L. Delmonico, PhD **=

Del Miller=

Betty Lou Mukerji **

Frank Gerald Rhodes

Amber Warnock

Interested and Concerned Citizen, Term Expires 01-01-06 (One Position)

Del Miller *

Frank Gerald Rhodes

Amber Warnock

Interested and Concerned Citizen, Term Expires 01-01-05 (One Position)

Del Miller=

Frank Gerald Rhodes

Amber Warnock

** Incumbent and recommended= by the Mental Health Board

* Recommended by the Mental Health Board

THE BOARD REAPPOINTED William Grandrath AND harris Nussbaum AS FAMILY MEMBER OF CONSUMER REPRESENTATIVES; AND Richard L. Delmonico, Ph.D AND Betty Lou Muke= rji AS INTERESTED AND CONCERNED CITIZEN REPRESENTATIVES WITH TERMS EXPIRING 01-01-07. <= /b>

THE BOARD APPOINTED DEL MILLER AS AN INTERESTED AND CONCERNED CITIZEN REPRESENTATIVE WITH THE TERM EXPIRING 01-01-06.

THE BOARD LEFT VACANT THE INTERESTED AND CONCERNED CITIZEN REPRESENTATIVE POSIT= ION WITH THE TERM EXPIRING 01-01-05.

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

Legislative Items

10A.    Request approval of and authorization for the Chair = to sign a letter commenting on Senate

Bill 1940, the Head Start Improvements for School Readiness Act of 2003.

  &n= bsp;         = THE BOARD WENT ON RECORD IN SUPPORT OF THE HEAD START PROGRAM.

      &nb= sp;            =             &nb= sp;            =             &nb= sp;            =    DD-BW-BD-MR-ML

10B.     Request approval of and authorization for the Chair to sign a letter of support for AB 2430 relating to hot air balloon insurance requirements.

  &n= bsp;         = THE BOARD WENT ON RECORD IN SUPPORT OF AB 2430.

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

=

11. &nbs= p;    Board of Supervisors’ Committee Reports and Announcements.

CHAIR LUCE REPORTED ON A RECENT MEETING HELD WITH JAPAN A= IRLINES (JALUX) REGARDING PROPERTY LEASE NEGOTIATIONS AND STATED THE MEETING WAS VE= RY POSITIVE.

SUPERVISOR DILLON REPORTED THAT LAST WEEKEND THERE WAS A MEETING IN ANGWIN REGARDING THE HOUSING ELEMENT AND THERE WAS

A VERY LOW TURNOUT.&nbs= p; SHE STATED SHE UNDERSTOOD THAT STAFF DID A VERY GOOD JOB FACILITATING THE MEETING.

SUPERVISOR DODD REPORTED ON THE HOUSING ELEMENT MEETINGS= AT THE NAPA CITY-COUNTY LIBRARY AND AT SILVERADO COUNTY CLUB, STATING THERE WAS A LARGE TURNOUT AT EACH MEETING WITH MOSTLY NEGATIVE FEEDBACK. HE STATED THE BIGGE= ST CONCERN WAS THE DENSITY OF THE PROJECT IN THE AREA.

12. &nbs= p;    Board of Supervisors’ Future Agenda Items.

  &n= bsp;         = NONE

13. &nbs= p;    County Executive Officer Reports and Announcements.=

NANCY WATT, COUNTY EXECUTIVE OFFICER, REPORTED ON THE TOBACCO SETTLEMENT FUNDS AND STATED SINCE 2001 THE BOARD HAS AWARDED $2.2 MILLION TO 15 NON-PROFIT AGENCIES. SHE ADDED THAT THE CURRENT BALANCE= IN THE FUND IS APPROXIMATELY $5.6 MILLION.&nb= sp; MS. WATT SAID STAFF WILL RETURN TO THE BOARD IN MID-SEPTEMBER WITH PROPOSALS FOR APPROVAL OF THE UPCOMING YEAR’S DISTRIBUTION OF FUNDS.<= o:p>

MS. WATT REPORTED THAT THERE IS NO UPDATE ON ADOPTION OF= THE STATE’S BUDGET. SHE STA= TED THE ISSUE IS THE VOTE REQUIRED TO PROVIDE AUTHORIZATION FOR THE STATE TO BO= RROW MONEY FROM LOCAL AGENCIES IN THE EVENT OF AN EMERGENCY. MS. WATT ADDED THAT LOCAL COALITIO= NS WANT A 4/5 VOTE REQUIRED BUT THAT THE LEGISLATURE WANTS A 2/3 VOTE REQUIRED= .

14. &nbs= p;    Closed Session.

A. CO= NFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code Section 54956.9(a= ))

Names of cases:

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

2. County of Napa v. O'Neill/Mullin LLC; HNAPAD Associates, et. al. (Case No. 26-25407)

CLOSED SESSI= ONS NOT HELD

=

= 3. County of Napa v. Timothy P. Newell (WCAB Case Nos.: = WCK 0031084, WCK 0031085, WCK 0061018)

CLOSED SESSION HELD – NO REPORTABLE ACTION

=

            B. CONFERENCE WITH LABOR NEGOTIA= TOR (Government Code Section 54957.6)

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

Employee Organization: SEIU Local 614 - NAPE (Employee Unit & Supervisory Unit of the County of Napa).

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

  &n= bsp;         = CLOSED SESSION HELD – NO REPORTABLE ACTION

= C. CONFERENCE WITH LABOR NEGOTIATOR (Governm= ent Code Section 54957.6)

=       Agency Desi= gnated Representatives: Dennis Morris, Human Resources Director<= /p>
Employee Organization: SEIU Local 614 - Napa County Deputy Sheriffs' Association (Employee Unit & Supervisory Unit of the <= st1:place w:st=3D"on">County of Napa).

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

  &n= bsp;         = CLOSED SESSION HELD

=

The Board approved and directed staff to treat the Deputy Sheriff Association payroll deductions in the manner they were treat= ed prior to the last paycheck being issued, with a 0.9% deduction as result of= the manner in which the Memorandum Of Understanding was written.

BD-BW-MR-DD-ML

        =             &nb= sp;            =      X

D. PU= BLIC EMPLOYEE APPOINTMENT/ONGOING RECRUITMENT OF THE FOLLOWING POSITIONS (Govern= ment Code Section 54957):

Director of Conservation, Development and Planning

Director of Health and Human Services

Public Health Officer

  &n= bsp;         = CLOSED SESSION HELD – NO REPORTABLE ACTION

Adjournment.

= ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, =

= JULY 20, 2004 AT 9:00 A.M.

=

=

=

MARK LUCE, Chairperson

&nb= sp;

&nb= sp;

ATTEST:         =

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



KEY=

Vot= e:    ML =3D Mark Luce; DD = =3D Diane Dillon; BD =3D Bill Dodd; MR =3D Mike Rippey; BW =3D Brad Wagenknecht<= /o:p>

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 E= xcused; A =3D Abstain