MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF NAPA

August 3, 2004

1.         Call to Order; Roll Call

THE BOARD OF
SUPERVISORS OF THE COUNTY
OF NAPA MET IN REGULAR
SESSION ON TUESDAY, AUGUST 3, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS
PRESENT:  CHAIRPERSON MARK LUCE,
SUPERVISORS BILL DODD, MIKE RIPPEY AND BRAD WAGENKNECHT.  SUPERVISOR DIANE DILLON WAS
EXCUSED.  THE MEETING WAS CALLED TO
ORDER BY CHAIR LUCE AT

9:02 A.M.

2.         Pledge
of Allegiance.

PAM
KINDIG, AUDITOR-CONTROLLER, LED THE SALUTE TO THE FLAG.

3.         Presentations
and Commendations.

NONE

4.         Public
Comment.

NONE

5.         Department
Directors’ Reports and Announcements.

JOHN TUTEUR, ASSESSOR-RECORDER-COUNTY
CLERK-REGISTRAR OF VOTERS, REPORTED THAT THE SECURITY UPGRADES FOR THE BALLOT
AND COMPUTER AREAS OF THE ELECTIONS OFFICE ARE APPROXIMATELY THREE-QUARTERS
COMPLETED, WITH THE LOCKS INSTALLED, THE WALL BUILT, AND MOTION SENSORS AND
VIDEO CAMERAS BEING INSTALLED.

CHAIR LUCE REQUESTED A SUMMARY OF THE UPDATE ON THE
SECURITY UPGRADES BE PUT IN WRITING TO THE BOARD.

MR. TUTEUR STATED THE FILING PERIOD IS CLOSING ON
AUGUST 6, 2004 FOR THE NOVEMBER 2, 2004 ELECTIONS AND PROVIDED AN UPDATE ON
CURRENT FILINGS.

MR. TUTEUR ALSO DISCUSSED THE VOTER-VERIFIED PAPER
TRAIL REGARDING ELECTRONIC VOTING SYSTEMS AND SAID THE STATE OF NEVADA HAS
ADOPTED THE SEQUOIA EDGE SYSTEM (SAME AS NAPA COUNTY) AND HAS IMPOSED THE VOTER
VERIFIED PAPER TRAIL.  MR. TUTEUR
SAID HE WILL BE GOING TO NEVADA
FOR THEIR PRIMARY ELECTION ON SEPTEMBER 7, 2004 TO SEE HOW WELL THE SYSTEM
WORKS IN PRACTICE.

Consent
Calendar

6A.      Assistant
Director of Health and Human Services requests approval of and authorization
for the Chair to sign Amendment No. 2 to Agreement No. 4072 with Community
Action of Napa Valley, Inc., decreasing the amount by $30,234 for a new maximum
of $120,571 to provide tobacco control services.                                                                                                 A-4072

(AMEND.
2)

6B.       Director
of Public Works requests approval of and authorization for the Chair to sign
Amendment No. 2 to Agreement No. 1460 with the Town of Yountville for $8,040 for the term July 1,
2004 through June 30, 2005 for the Yountville Library's leased space.                            A-1460

(AMEND.
2)

6C.      Director of
Public Works requests approval of and authorization for the Chair to sign a
Federal Apportionment Exchange Program and State Match Program Agreement with
the State of California Department of Transportation (State Agreement No.
X03-5921(032)) for the Fiscal Year 2003-2004 to receive $337,648 into the
County Road Fund.                           A-6306

6D.      Director of
Public Works requests award of the contract for the “Hall of Justice New
500 Gallon Diesel AST Project,” PW 03-15, to CAL Inc. of Vacaville, California,
for their low base bid of $74,000, and authorization for the Chair to sign the
construction contract.

6E.       Director
of Public Works requests award of the contract for the "Devlin Road
Extension Project," RDS 04-06, to O.C. Jones & Sons, Inc. of Berkeley, California,
for their low base bid of $1,169,817 and authorization for the Chair to sign
the construction contract.

6F.       Director
of Public Works requests the following relating to subdivision of the Juvenile
Courtroom site from the Juvenile
Justice Center
site as part of the SB 1732 court facilities transfer:

1.   Authorization to request a waiver by the Napa City Planning
Commission of the subdivision map requirement under the City's Municipal Code;

2.   Authorization to execute a standard escrow agreement on behalf
of the County with North American Title Company in an amount not to exceed
$10,000, to handle the escrow to subdivide the parcel through exchange of
deeds; and

3.   Authorization to sign all related documents, deeds and
certificates of acceptance required to complete the subdivision.

6G.      Director of
Public Works/Aviation requests the following actions relating to the
Environmental Assessment Project - Airport Improvement Program (AIP) No. 18:

1.   Approval of Budget Transfer No. 9 in the amount of $152,000,
increasing   appropriations in the Airport
Capital Improvement Program budget AIP No. 18,

with offsetting revenue from the Airport Enterprise
Fund for the continuing reparation of Environmental Assessment Studies (4/5
vote required); and                       BT-9

2.
Approval of and authorization for the Chair to sign an
agreement with Jim Wallace Environmental Consulting Services for a maximum of
$373,445 for the term

August 3, 2004 through June 30, 2005 with yearly
automatic renewal options, for environmental services.                                                                             A-6307

6H.      Auditor-Controller
requests authorization to prepare the necessary accounting entries to close the
financial books for the Fiscal Year ended June 30, 2004.

ITEM REMOVED FOR
DISCUSSION

APPROVED REQUEST                   BD-BW-MR-DD-ML

X

6I.        Human
Resources Director requests adoption of a resolution regarding the following in
connection with the Health and Human Services Agency, effective July 31, 2004:

1.   Amend the Departmental Allocation List to add one (1) Acting
Director of Health and Human Services;

2.   Amend the Table and Index to add Acting Director of Health and
Human Services; and

3.
Appoint Jim Featherstone as Acting Director of Health
and Human Services.

R-04-111

6J.        Human
Resources Director requests adoption of a resolution regarding the following in
connection with the Conservation, Development and Planning Department,
effective July 31, 2004:

1.   Amend the Departmental Allocation List to add one (1) Acting
Director of   Conservation, Development
and Planning;

2.   Amend the Table and Index to add Acting Director of Conservation,
Development and Planning; and

3.   Appoint Patrick Lynch as Acting Director of Conservation,
Development and Planning.                                                                                                 R-04-112

6K.      Human
Resources Director requests approval of and authorization for the Chair to sign
Amendment No. 6 to Agreement No. 2680 with Claims Management, Inc. increasing
the amount by $22,000 for a new maximum of $85,000 and extending the term
through June 30, 2005 for workers' compensation claims administration services.                                                A-2680

(AMEND.
6)

6L.       Information
Technology Services (ITS) Director requests approval of Budget Transfer No. 11
appropriating $261,000 from ITS retained earnings to increase appropriations in
the ITS budget for the purchase and implementation of Accella Automation (Land
Management) software and implementation services. (4/5 vote required)                                                                      BT-11

6M.      County Executive
Officer/Director of Emergency Services requests acceptance of the Department of
Homeland Security’s Fiscal Year 2004 Homeland Security Grant Program
award in the amount of $612,839 to enhance the Napa Operational Area homeland
security programs, law enforcement terrorism prevention programs and the
Citizens Corp Program.

ITEM REMOVED FOR
DISCUSSION

APPROVED REQUEST                   MR-BW-BD-DD-ML

X

6N.      County 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)

6O.      Approve
minutes of the regular meeting held June 29 and the special meeting held July
1, 2004.

7.         Discussion
of Items Removed from the Consent Calendar.

SEE
ITEMS 6H AND 6M.

APPROVED
CONSENT CALENDAR ITEMS 6A THROUGH 6O, AS NOTATED ABOVE.

BW-MR-BD-DD-ML

X

Set
Matters or Public Hearings

8A.      9:15 AM  Recess to the In-Home Supportive
Services Public Authority of  Napa
County meeting.

(SEE
IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY MINUTES)

8B.       9:30 AM  Recess to the Lake Berryessa
Resort Improvement District meeting.

(SEE LAKE BERRYESSA RESORT IMPROVEMENT DISTRICT MINUTES)

8C.      9:30 AM
Recess to the Monticello Public Cemetery District meeting.

(SEE
MONTICELLO
PUBLIC CEMETERY DISTRICT MINUTES)

8D.      9:30
AM  Recess to the Napa
Berryessa Resort Improvement District meeting.

(SEE
NAPA BERRYESSA
RESORT IMPROVEMENT DISTRICT MINUTES)

8E.       9:30
AM  Recess to the Silverado
Community Services District meeting.

(SEE SILVERADO COMMUNITY SERVICES DISTRICT
MINUTES)

8F.       9:30 AM  PUBLIC HEARING  Director of Public Works requests
the following actions relating to County Service Area No. 3 (CSA No. 3):

1.   Open Public Hearing to consider any objections or protests
with respect to the assessments for adoption in CSA No. 3;

2.   Close Public Hearing and adopt a resolution authorizing and
levying assessments for Fiscal Year 2004-2005;

PUBLIC HEARING HELD
– NO TESTIMONY PRESENTED

ADOPTED RESOLUTION              BD-BW-MR-DD-ML                                   R-04-116

X

3.   Open Public Hearing to accept testimony on the Fiscal Year
2004-2005 budget, with a total appropriation of $236,622; and

4.   Close Public Hearing and continue consideration to August 10,
2004 at 9:00 A.M. for final adoption.

PUBLIC HEARING HELD
– NO TESTIMONY PRESENTED

8G.      9:30 AM  PUBLIC HEARING  County Executive Officer
requests the following actions relating to County Service Area No. 4 (CSA No.
4):

1.   Open Public Hearing to consider any objections or protests
with respect to the assessments proposed for adoption in CSA No. 4;

2.   Close Public Hearing and adopt a resolution authorizing and
levying assessments for Fiscal Year 2004-2005;

PUBLIC HEARING HELD
– NO TESTIMONY PRESENTED

ADOPTED RESOLUTION              MR-BW-BD-DD-ML                                   R-04-117

X

3.   Open Public Hearing to accept testimony on the Fiscal Year
2004-2005 budget, with a total appropriation of $422,500; and

4.   Close Public Hearing and continue consideration to August 10,
2004 at 9:00 A.M. for final adoption.

PUBLIC HEARING HELD
– NO TESTIMONY PRESENTED

8H.      9:30 AM
PUBLIC HEARING  Agricultural Commissioner/Sealer
of Weights and Measures requests the following actions relating to the Napa
County Winegrape Pest and Disease Control District (WP&DCD):

1.   Open Public Hearing to consider any objections or protests
with respect to the assessments proposed for WP&DCD for the 2004-2005 fiscal
year;

2.   Close Public Hearing and adopt resolution authorizing and
levying assessments for Fiscal Year 2004-2005 on qualifying properties in the WP&DCD.

PUBLIC HEARING HELD
– NO TESTIMONY PRESENTED

ADOPTED
RESOLUTION              BD-MR-BW-DD-ML                                   R-04-118

X

8I.        10:00
AM  Discussion and possible
direction to staff relating to the March 3, 2004 election and the operation of the
office of the Registrar of Voters.

THE BOARD DIRECTED
THE COUNTY EXECUTIVE OFFICER TO CREATE A TASK FORCE
TO REVIEW THE FOLLOWING IN THE REGISTRAR OF VOTERS (ROV) OFFICE:  (1) IDENTIFY SPECIFIC PROBLEMS WITH THE
2004 ELECTION (TO INCLUDE REVIEWING THE PERSONNEL STRUCTURE OF THE OFFICE);

(2) ANALYZE
SOLUTIONS PUT INTO PLACE BY THE ROV; (3) MAKE RECOMMENDATIONS TO THE BOARD AND
THE ROV WHAT, IF ANY,  ADDITIONAL
SOLUTIONS SHOULD BE PUT INTO PLACE IN ORDER TO HAVE A MORE EFFICIENT ELECTIONS
DEPARTMENT AND TO ENSURE THAT THE NOVEMBER 2004 ELECTIONS WILL BE RELIABLE AND
FAIR.  THE REPORT SHOULD BE
PRESENTED TO THE BOARD IN A TIMEFRAME THAT WOULD ALLOW FOR ANY SUGGESTED
SOLUTIONS TO BE IMPLEMENTED IN TIME FOR THE NOVEMBER 2004 ELECTION.

BD-MR-BW-DD-ML

X

8J.        1:30 PM  Recess to the Napa County Flood
Control and Water Conservation District meeting.

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

Administrative
Items

9A.      County Counsel
requests:

1.   Adoption of a resolution ordering an advisory election on
expanding Jamieson

Canyon
Road from two to four lanes; and

2.   Discussion and possible action on whether the Board desires to
have an argument filed for or against the advisory measure by:

a.   A member or members of the Board

b.   Staff to be presented to and adopted by the Board at its
August 10, 2004 meeting.

9A.      Continued

ADOPTED RESOLUTION              MR-BW-BD-DD-ML                                   R-04-119

X

THE BOARD APPROVED OPTION 2A IN THE STAFF REPORT AND APPOINTED
CHAIR LUCE AS THE REPRESENTATIVE TO CREATE AND SIGN THE ARGUMENT IN FAVOR OF
THE ADVISORY MEASURE.

BD-MR-BW-DD-ML

X

9B.       County
Executive Officer requests the Board take one or more of the following actions
which relate to the prior action of the Board adopting Resolution No. 04-106
which ordered a special election be conducted on November 2, 2004 to enable the
voters to approve or reject Ordinance No. 04-06 (Measure "V"),
increasing the Transient Occupancy Tax rate from 10.5% to 12% and requiring the
proceeds of that general tax to be spent for general governmental purposes:

1.   Consideration and possible adoption of a resolution amending
Resolution No. 04-106 for the limited purpose of revising the wording of the
Measure "V" ballot question that will appear on the November 2, 2004
ballot; and

2.   Discussion and possible direction to staff to prepare an
Argument For Measure V" and place it on the August 10, 2004 agenda for
possible adoption by the Board; or

3.   Discussion and possible action authorizing one or more members
of the Board of Supervisors to file an Argument For Measure "V," and
a rebuttal argument to any opposition to Measure "V" which may be
filed.

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 Environmental Quality Act,

14 CCR 15061(b) (3)].

ADOPTED
RESOLUTION              MR-BW-BD-DD-ML                                   R-04-120

X

THE BOARD APPROVED OPTION 3 IN THE STAFF REPORT AND APPOINTED
CHAIR LUCE AS THE REPRESENTATIVE TO CREATE AND SIGN THE ARGUMENT IN FAVOR OF
MEASURE V.

BW-BD-MR-DD-ML

X

10.       Legislative
Items.

NONE

11.       Board of
Supervisors' Committee Reports and Announcements.

SUPERVISOR
DODD REPORTED ON THE MILESTONES OF THE COUNTY’S HOUSING ELEMENT AND
MEMORANDUM OF UNDERSTANDING (MOU) WITH

11.       Continued

THE CITY OF NAPA, AND STATED THE FOLLOWING HAS
OCCURRED: a deed restriction for THE parking
lot WAS PUT IN PLACE; AN AIRPORT INDUSTRIAL AREA (AIA) committee WAS FORMED
TO REVIEW THE AIA PLAN AND MAKE RECOMMENDATIONS; THE BOARD BUDGETED $1 MILLION
FOR THE PARKING GARAGE; THERE WAS AN AGREEMENT TO BE PRESENTED TO THE COUNTY
AND THE CITIES OF NAPA AND AMERICAN CANYON REGARDING THE AIA PLANNING
PRINCIPLES; A ZONING CHANGE WAS DONE ON PROPERTIES IN THE SOUTH COUNTY TO
COMPLY WITH THE AGREEMENT THE COUNTY HAS WITH THE CITIES OF NAPA AND AMERICAN
CANYON; AND TODAY THE BOARD DESIGNATED ANOTHER $1 MILLION FOR THE PARKING
GARAGE.

SUPERVISOR WAGENKNECHT REPORTED ON THE FARMWORKER
HOUSING OVERSIGHT COMMITTEE MEETING AND STATED THE COMMITTEE HAS BEEN LOOKING
AT THE CAPITAL NEEDS OF THE FACILITIES AND HAS APPLIED FOR VARIOUS GRANTS.  HE STATED THERE WAS A SUBCOMMITTEE
FORMED OF THE RESIDENTS OF THE THREE FACILITIES ALONG WITH THE CALIFORNIA HUMAN
DEVELOPMENT CORPORATION REPRESENTATIVE, TONY SILVA, AND SAID THE TWO GROUPS ARE
WORKING TOGETHER.

SUPERVISOR
RIPPEY REPORTED THAT HE HAS RECEIVED POSITIVE FEEDBACK FROM STATE HOUSING AND
COMMUNITY DEVELOPMENT LEADERSHIP ON THE COUNTY’S HOUSING ELEMENT.

SUPERVISOR
RIPPEY RESPONDED TO PUBLIC COMMENTS RECEIVED AT THE JULY 27, 2004 BOARD MEETING
REGARDING BUILDING PARKING STRUCTURES UNDERGROUND AND URGED THE BOARD AND STAFF
TO CONSIDER THIS OPTION.

12.       Board
of Supervisors' Future Agenda Items.

NONE

13.       County Executive
Officer Reports and Announcements.

NANCY WATT, COUNTY
EXECUTIVE OFFICER, STATED THAT COUNTY STAFF
MEETS REGULARLY WITH CITY OF NAPA
STAFF ON ELEMENTS OF THE HOUSING MOU AND PARKING STRUCTURES.

MS. WATT REPORTED THE STATE BUDGET HAS BEEN SIGNED BY
THE GOVERNOR AND INCLUDED IN THE BUDGET IS SENATE CONSTITUTIONAL AMENDMENT 4,
WHICH WILL ALLOW VOTERS IN NOVEMBER TO VOTE ON THE CONSTITUTIONAL PROTECTION OF
LOCAL GOVERNMENT FINANCES.

MS. WATT STATED THE RURAL LAW ENFORCEMENT ALLOCATION
WAS ADDED BACK INTO THE BUDGET, WHICH WILL GIVE NAPA COUNTY $500,000 THAT WAS TAKEN OUT OF
THE PRIOR FISCAL YEAR’S BUDGET.
SHE STATED THE COUNTY
EXECUTIVE OFFICE ANALYSTS
ARE REVIEWING THE STATE

13.       Continued

BUDGET FOR IMPACTS TO THE COUNTY AND WILL REPORT BACK
TO THE BOARD AT THE END OF AUGUST.

14.       Closed
Session.

A. CONFERENCE WITH LABOR NEGOTIATOR
(Government Code Section 54957.6)

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, Management
and Confidential Employees of the County
of Napa (Excluding
Elected Officials)

CLOSED SESSION HELD – NO REPORTABLE ACTION

B.   CONFERENCE WITH LABOR
NEGOTIATOR (Government Code Section 54957.6)

Agency
Designated Representatives: Dennis Morris, Human Resources Director

Employee Organization: Napa County
Deputy Sheriffs' Association (Employee

Unit & Supervisory Unit of the County of Napa).

CLOSED SESSION HELD – NO REPORTABLE ACTION

Adjournment.

ADJOURNED
TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, AUGUST 10, 2004 AT
9:00 A.M.

_____________________________________

MARK LUCE,
Chairperson

ATTEST:         _____________________________________

PAMELA MILLER,
Clerk of the Board

KEY

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