1

MINUTES OF TH= E

MEETING OF THE BOARD OF SUPERVISORS

C= OUNTY OF NAPA

August 31, 2004

1. = ; Call to Order; Roll Call.

THE BOARD= OF SUPERVISORS OF THE COUNTY= OF NAPA MET IN REGU= LAR SESSION ON TUESDAY, AUGUST 31, 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 9:03 A.M.

2. &nbs= p; Pledge of Allegiance.

&= nbsp; MIKE RODRIGUEZ LED THE SALUTE TO THE FLAG.

3. = ; Presentations and Commendations.

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4. = ; Public Comment.

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5. = ; Department Directors' Reports and Announcements.

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Cons= ent Calendar

6A. Chief Prob= ation Officer requests approval of the following actions relating to the Challenge Activities Program grant (4/5 vote required):

1. Acceptance of the grant in the amount of $10,000 for the t= erm July 1, 2004 through June 30, 2005;

2. Authorization for the Chief Probation Officer to sign the agreement with the State Board of Corrections; and

3. Approval of Budget Transfer No. 21 increasing appropriatio= ns by $10,000 with offsetting revenues in the Probation budget. &nbs= p; &= nbsp; &nbs= p; &= nbsp; BT-21

6B. Chief Probation Officer requests approval of the following actions relating to the Peer Court Program (4/5 vote required):

1. Acceptance of a donation in the amount of $32,000 from the Juvenile Justice Network;

2. Approval of Budget Transfer No.19 increasing appropriation= s in the Probation Department in the amount of $32,000 with offsetting revenues;= and BT-19

6B. Conti= nued

3.&n= bsp; Approval of and authorization for the Chair to sign= the renewal of Agreement No. 4802 with Isadora Asch for a maximum of $30,000 for the term July 1, 2004 through

= ; June 30, 2005. &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; A-4802

6C. Chief Prob= ation Officer requests approval of and authorization for the Chair to sign an agreement with Community Health Clinic Ole for a maximum of $1,575 for the = term August 1, 2004 through June 30, 2005 to perform physical examinations to mi= nors participating in the IMPACT Program.

&nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; A-6315

6D. District A= ttorney and Acting Director of Heath and Human Services request the following actio= ns to fund Public Administrator and Public Guardian/Public Conservator functio= ns in the correct budget units (4/5 vote required):

1. Approval of Budget Transfer No. 18 transferring $72,173 fr= om the Public Administrator/Public Guardian/Public Conservator budget unit to = the District Attorney budget unit; and &nb= sp; = &nb= sp; &= nbsp; &nbs= p; &= nbsp; &nbs= p; BT-18

2. Authorization to establish an imprest cash fund in the amo= unt of $250 for conservatee emergencies for the Public Guardian/Public Conserva= tor Office, under the responsibility and jurisdiction of Health & Human Services Agency.

6E. Acti= ng Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 4839 with the Regents of= the University of California for the term August 30, 2004 through August 19, 20= 05 for a maximum of $2,400 per student per year to provide stipends for fieldw= ork performed at the Health and Human Services Agency.

&nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; A-4839

6F. Acti= ng Director of Health and Human Services requests approval of and authorization for the Chair to sign the renewal of Agreement No. 6126 with CyberMill, Inc. for a maximum of $4,500 for the term July 1, 2004 through June 30, 2005 to provide planning and coordination of the Mayor’s Committee on Disabil= ities Breakfast event. &= nbsp; &nbs= p; &= nbsp; &nbs= p; A-6126

6G. Acting Dir= ector of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 3579 with the California Department of Alcohol and Drug Programs increasing the amount by $14,913 fo= r a new maximum of $1,261,472 for Fiscal Year 2003-2004. = &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; A-3579

= &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = (AMEND. 2)

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. 4197 with Janet Lord, M.D., decreasing the amount by $39,000 for a new maximum of $39,000 to provide medical consultation services in the Medical Therapy Unit and California Children’s Services Programs. &n= bsp; = ; A-4197

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

6I. Acting Director of Health and Human Services requests approval of and authorization for the Chair to sign the following agreements with Shameem Ghauri, M.D.:

1. Amendment No. 2 to Agreement No. 4656 decreasing the amoun= t by $5,000 for a new maximum of $30,000 and modifying the insurance requirement= of the agreement to provide psychiatric services to clients of the Therapeutic Child Care Center; and

&nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; A-4656

= &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; (AME= ND. 2)

2. Amendment No. 1 to Agreement No. 6075 modifying the insura= nce requirement of the agreement to provide psychiatric services to clients in the children= 's mental health program. &nb= sp; = &nb= sp; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; A-6075

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

6J. Acting Director of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 4705 with Preferred HealthCare Registry, Inc. decreasing the amount by $55,000 for a new maximu= m of $50,000 and incorporating compliance requirements into the agreement to pro= vide occupational and physical therapy services.

&nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; A-4705

= &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; (AME= ND. 2)

6K. Acting Dir= ector of Health and Human Services requests approval of the following actions regarding MATRIX:

1. Authorization for the Chair to sign Amendment No. 1 to Agreement No. 6095

increasing the amount by $30,862 f= or a new maximum of $128,104; and

&nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; A-6095

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

2. Budget Transfer No. 22 increasing appropriations by $30,86= 2 in the Social Services budget with offsetting revenues from the SB163 allocati= on to fund contract expenditures. (4/5 vote required) &n= bsp; &= nbsp; &nbs= p; &= nbsp; BT-22

6L. Acti= ng Director of Health and Human Services requests approval of and authorization for the Chair to sign an agreement with Community Impact Consulting for a maximum of $700 for the term August 23, 2004 through June 30, 2005 to provi= de consultation services to the Napa County Commission on Aging. &= nbsp; &nbs= p; &= nbsp; &= nbsp; &nbs= p; &= nbsp; &nbs= p; A-6316

6M. Acting Dir= ector of Health and Human services requests approval of and authorization for the Chair to sign the following agreements to provide services in the Mental He= alth Outpatient Managed Care Program:

1. Agreements for a maximum of $5,000 each for the term July = 1, 2004 through

June 30, 2005:

a. Agreement with Cheryl Anderson, MFT; = &nb= sp; = A-6317

b. Agreement with Bethany Craigie, MFT; = &nb= sp; = A-6318

c. Agreement with Gila Freeberg, LCSW; = &nb= sp; = A-6319

d. Agreement with Angie Ito, LCSW; = &nb= sp; A-6320

e. Agreement with Frieda Weinstein, MFT; = &nb= sp; = A-6321

f. Agreement with James Jones, Ph.D.; &= nbsp; &nbs= p; &= nbsp; &nbs= p; A-6322

g. Agreement with Joan Marie Seidel, MFT; = &nb= sp; A-6323

h. Agreement with Jeanne Fisher-Cervone, MFT; &= nbsp; &nbs= p; A-6324

i. Agreement with Laurel Antonucci, LCSW; &= nbsp; &nbs= p; A-6325

j. Agreement with Barbara Goldsmith, MFT; and &= nbsp; &nbs= p; A-6326

k. = Agreement with Nancy Waldeck, MFCC. = &nb= sp; A-6327

2. Business Associate Agreements setting forth the terms and conditions of the Health Insurance Accountability and Portability Act of 19= 96 (HIPAA) Privacy Rule:

a. Agreement with Cheryl Anderson, MFT; = &nb= sp; = A-6317-1

b. Agreement with Bethany Craigi= e, MFT; &nb= sp; = &nb= sp; A-6318-1

c. Agreement with Gila Freeberg,= LCSW; &= nbsp; &nbs= p; &= nbsp; A-6319-1

d. Agreement with Angie Ito, LCS= W; &= nbsp; &nbs= p; &= nbsp; A-6320-1

e. Agreement with Frieda Weinstein, MFT; = &nb= sp; = A-6321-1

f. Agreement with James Jones, Ph.D.; &= nbsp; &nbs= p; &= nbsp; &nbs= p; A-6322-1

g. Agreement with Joan Marie Seidel, MFT; = &nb= sp; A-6323-1

h. Agreement with Jeanne Fisher-Cervone, MFT; &= nbsp; &nbs= p; A-6324-1

i. Agreement with Laurel Antonucci, LCSW; and &= nbsp; &nbs= p; A-6325-1

j. Agreement with Barbara Goldsmith, MFT. &= nbsp; &nbs= p; A-6326-1

6N. Acting Dir= ector of Health and Human Services requests approval of and authorization for the= Chair to sign an agreement with Drapinski TV and Audio for a maximum of $6,100 for the term August 31, 2004 through September 30, 2004 to upgrade existing cab= le lines on the campus of the Health and Human Services Agency. &= nbsp; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; A-6328

6O. Acting Dir= ector of Health and Human Services requests approval of and authorization for the Chair to sign an agreement with the U.S. Department of Housing and Urban Development (HUD) for a maximum of $19,950 for the term July 1, 2004 through June 30, 2005 for the Homeless Management Information System (HMIS). &= nbsp; &= nbsp; &nbs= p; &= nbsp; &nbs= p; A-6329

6P. Acti= ng Director of Health and Human Services requests authorization to remove $82,952.54 of fully depreciated fixed assets from the Health and Human Serv= ices Agency’s inventory.

6Q. Acting Dir= ector of Conservation, Development and Planning requests approval of and authoriz= ation for the Chair to sign Amendment No. 4 to Agreement No. 4797 with EDAW, increasing the amount by $82,022 for a new maximum of $398,228, for prepara= tion of California Environmental Quality Act (CEQA) document for Robert Mondavi Properties at Suscol Springs Vineyard Erosion Control Application No. 99-32= 3. &= nbsp; &nbs= p; &= nbsp; &nbs= p; A-4797

= &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = (AMEND. 4)

6R. Libr= ary Director requests acceptance of a $30,000 California Library Literacy Servi= ces grant from the State of Calif= ornia.

6S. &nb= sp; Library Director and County Executive Officer/Purchasing Agent requests authorizati= on to:

1. Accept a donation in the amount of $20,400 from the Friend= s of the Napa Library;

2.&n= bsp; Approve Budget Transfer No. 20 transferring $12,279 within the Library budget

= ; (4/5 vote required); &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; BT-20

&= nbsp;

3. Establish a fixed asset for the purchase of a microfilm reader-printer (4/5 vote required); and

4. Approve waiver of competitive bidding requirements and authorization to make a sole source award for the purchase of a Canon MS800 Micrographic Scanner from BMI Imaging Systems, Sunnyvale, California, for a total of $12,279 pursuant to County Ordinance Code 2.36.090.

6T. &nb= sp; Director of Public Works requests adoption of a resolution certifying to the State Department of

Transportation the total mileage of Napa County maintained roads as of May 2004 in accordance with the provisions of Section 2121 of the California Streets and Highway Code.

&nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; R-04-152

6U. &nb= sp; Director of Public Works requests the following actions:

1. Award of the contract for the “Napa County Airport Administration Building Remodel Project,” PW 04-08, to Page Construct= ion of Novato, California, for their low base bid

of $58,658 and authorization for the Chair to sign the construction contract; and

2. Approval of Budget Transfer No. 24 appropriating $35,000 in the Airport Capital

= ; Improvement budget with offsetting revenues from the Airport Enterprise Fund.

= ; (4/5 vote required) = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; BT-24

6V. Director of Public Works requests approval of plans and specifications for the "Na= pa Valley Residential Stabilization Center Fire Sprinkler System Installation Project," PW 04-13, authorization to advertise for sealed bids and ope= ning 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.

6W. &nb= sp; Director of Public Works requests approval of plans and specifications for the "Asphalt Concrete

Resurfacing of Silverado Trail Project," RDS 04-1= 6, authorization to 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 Cod= e.

6X. Director of Public Works requests adoption of a resolution temporarily closing a portio= n of Berryessa- Knoxville Road from 9:00 A.M. to 12:00 P.M. on Saturday, October= 9, 2004 for the "See Jane Tri – Napa Valley" (Inaugural) triathlon. &nb= sp; = &nb= sp; = R-04-146

6Y. &nb= sp; Director of Public Works requests approval of and authorization for the Chair to sig= n a License

Agreement with the Federal Emergency Management Agency (FEMA) to grant FEMA a nonexclusive License to use and distribute Napa County's digital Geographic Information Systems (GIS) data to make floodplain information and related base map data accessible to the public.

= &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; A-6330

6Z. Dire= ctor of Public Works requests approval of and authorization for the Chair to sign the following Program Supplemental Agreements with the California Departmen= t of Transportation (CalTrans) to obtain reimbursement for overlay projects which were previously completed in Fiscal Year 2003:

1. M010 Rev 1 to Administering Agency-State Agreement No. 04-= 5921 for the “Silverado Trail Overlay Project,” RDS 02-13; and &= nbsp; &nbs= p; A-1428-2

2.&n= bsp; M011 Rev 1 to Administering Agency-State Agreement = No. 04-5921 for the

&nbs= p; &= nbsp; &nbs= p; “Howell Mountain Overlay Project,” RDS 02-13. &nb= sp; = A-1428-3

6AA. Director of Public Wor= ks requests approval of and authorization for the Chair to sign Amendment No. = 1 to Lease Agreement No. 3803 with the Transmission Agency of Northern Californi= a (TANC) at a cost of $9,860 for Fiscal Year 2004-2005 for the term October 1, 2004 through

June 30, 2006 for use of the Berryessa Peak communications facility and tower. &= nbsp; &nbs= p;

A-3803

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

6BB. Director of Public Wor= ks requests approval of and authorization for the Chair to sign an agreement w= ith Kleinfelder Inc. for a maximum of $25,000 for the term September 1, 2004 through June 30, 2005 for construction testing services. = &nb= sp; = A-6331

6CC. Director of Public Works/Aviation requests the following actions relating to the acceptance of Federal Aviation Administration (FAA) Grant No. 19:

1. Approval of and authorization for the Chair to sign necess= ary documents including escrow instructions to Acquire Land For Approach Protec= tion Runway 18R; and

2. Approval of Budget Transfer No. 15 appropriating $1,188,30= 0 in the Airport Capital Improvement Program budget with offsetting revenues from the FAA, State, and the Airport Enterprise Fund for land acquisition. (4/5 = vote required) &nbs= p; BT-15

6DD. Clerk of the Board req= uests action directing the Clerk of the Board to notify all school districts and = the Napa County Board of Education of receipt of a resolution from the St. Helena Sc= hool District to consolidate the March 2007 School District Governing Board elec= tion and all subsequent governing board elections with the statewide general election beginning with the November 2006 statewide general election.

6EE. &n= bsp; County Counsel requests approval of and authorization for the Chair to sign an agreement f= or legal

services to John Tuteur, Registrar of Voters, between = the County of Napa and Kronick, Moskovitz, Teide= mann & Girard for a maximum of $80,000 for the term April 29, 2004 through J= une 30, 2005. &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; A-6332

AMENDED TO REFLECT FUNDING SOURCE OF CENTRAL SERVIC= ES RATHER THAN COUNTY CONTRIBUTIONS.

6FF. &n= bsp; Human Resources Director requests adoption of a resolution amending the Physical Performance

Program for Law Enforcement Employees. &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; R-04-147

6GG. Human Resources Direct= or requests adoption of a resolution amending the Departmental Allocation List= for the Napa City-County Library to add one (1) (S) Librarian III Limited Term = (LT) position, effective August 31, 2004. &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; R-04-148

6HH. &= nbsp; Information Technology Services Director requests approval of and authorization for the Chair to sign Amendment No. 2 to Agreement No. 6137 with Neko Industries increasing the amount by $15,638 for a new annual maximum of $43,782 for the term August 1, 2004 through July 31, 2005 for maintenance and support of the County’s document and image management system.

A-6137

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

6II. &n= bsp; County Executive Officer requests appointment of Assistant Environmental Management Director

Jill Pahl to serve as the County of Napa alternate representative on the Bay Area Hazardous Waste

Management Facility Allocation Committee, a subcommitt= ee of the Association of Bay Area

Governments (ABAG).

6JJ. County Executive Officer requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 4905 with HalfthePla= net Foundation increasing the amount by $4,782 for a new maximum of $92,402 and amending the scope of work to include coordination of all logistical and ad= ministrative matters involving Project DEVELOP youth leadership panel presentations. &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; A-4905

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

6KK. County Executive Of= ficer requests approval of and authorization for the Chair to sign the following = Project COMPASS amendments for the continued implementation of a disability program navigator system:

1. Amendment No. 1 to Agreement No. 6237 with the County of Solano increasing the amount by $8,300 for a new maximum of $135,675; and &= nbsp; A-6237

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

2. Amendment No. 1 to Agreement No. 6236 with the County of Sonoma increasing the amount by $8= ,300 for a new maximum of $185,593. &= nbsp; &nbs= p; = A-6236

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

6LL. &n= bsp; Approve minutes of the meetings held August 3, 10 and 17, 2004.

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

&= nbsp; NONE<= o:p>

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

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

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

Set Matters or Public Hearings

8A. 9:15 AM Presentation by Napa County= Fire Marshal regarding Fiscal Year 2004-2005 Firewise goals with possible direct= ion from Board.

&= nbsp; PRESE= NTATION MADE

8B. 10:35 AM Director of Public Works re= quests adoption of a resolution amending the Napa County Road and Street Standards.

(CONTINUED F= ROM AUGUST 10 AND AUGUST 17, 2004)

&= nbsp; ADOPT= ED RESOLUTION &nb= sp; BW-DD-BD-MR-ML &= nbsp; &nbs= p; &= nbsp; R-04-149

8C. 10:45 AM Public H= earing. Director of Public Works re= quests the following actions with respect to the Napa Industrial Area Traffic Miti= gation Fee Program:

1. Open a Public Hearing for discussion of yearly and five-ye= ar reports on the Traffic Mitigation Fee Program; and

2. Close the Public Hearing and adopt a resolution making Government Code Sections 66001 and 66006 findings with respect to the mitigation program for the Fiscal Years 1998-1999 through 2003-2004 and Fis= cal Year 2003-2004.

&= nbsp; PUBLIC HEARING HELD – NO TESTIMONY PRESENTED

&= nbsp; ADOPTED RESOLUTION &nb= sp; BD-DD-MR-BW-ML &= nbsp; &nbs= p; &= nbsp; R-04-150

8D. 10:50 AM = County Executive Officer requests autho= rization for the Chair to sign a Letter of Public Convenience and Necessity allowing= the transfer of a Type 20 Retail Off-Sale Alcoholic Beverage License from 1445 Sproul Avenue, Napa, to 177 Tower Road, Suite A, Napa, for Wine Sco= ut International doing business as Bounty Hunter Rare Wine Company.

&= nbsp; APPRO= VED REQUEST = BD-BW-MR-DD-ML

8E. 11:00 AM Pu= blic Hearing. Consideration= and possible action regarding an appeal filed by Dan Wojkowiak to a decision by= the Conservation, Development and Planning Commission on

June 2, 2004 approving the Michael Harrison/Michael and Lyndsey Harrison – Use Permit Modification Request No. 03383-MOD to modify Use Permit No. 92163-UP t (1) increase production capacity from 7,200 gallons per year to 15,000 gallons per year; (2) convert an existing 2,877 square foot olive oil facility (established under Use Permit No. 99084-UP) = to winery storage and office space for a winery totaling 5,377 square feet (wh= ich includes the existing 2,500 square foot cave); (3) add tours and tastings for the pu= blic by prior appointment with 30 persons per week; (4) add a marketing plan with four activities per year with a maximum of 60 people per event and two wine auction events with a maximum of 40 people per event; (5) add wine retail sales; (6) add 6 parking spaces for a total of 10 spaces; and (7) construct road improvements to State Highway 128. This project is located on a 44.85 = acre parcel on the east side of Sage Canyon Road/State Highway 128, approximately ¼ mile south of its intersection with Chiles-Pope Valley Road within the = AW (Agricultural Watershed) Zoning District.

(Assessor’s Parcel No. 032-510-004) 1527 Sage Canyon Road, St. Helena.

8E.&nbs= p; Continued

<= /o:p>

ENVIRONMENTAL DETERMINATION: Mitigated Negative Declaration Prepared. According to= the Mitigated Negative Declaration, the proposed project would have, if mitigat= ion measures are not included, potentially significant environmental impacts in= the following areas: hydrology & water quality.

&= nbsp; PUBLIC HEARING OPENED – TESTIMONY PRESENTED

&= nbsp; PUBLIC HEARING CONTINUED TO SEPTEMBER= 28, 2004 AT 10:30 A.M.

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

8F. 1:30 PM Pub= lic Hearing. County Executive Of= ficer requests the following concerning the development of a Request for Propos= als (RFP) for the collection of solid waste and recyclables in Garbage Zone One= :

1. Open Public Hearing regarding the proposed solid waste franchise non-refundable RFP

&= nbsp; &nbs= p; application fee;

2. Close Public Hearing and adopt a resolution establishing a solid waste franchise

= ; &n= bsp; non-refundable RFP application fee; and

3. Discussion and possible action concerning finalizing the Request for Proposal (RFP) for the collection of solid waste and recyclable= s in Garbage Zone One.

&= nbsp; PUBLIC HEARING HELD – NO TESTIMONY PRESENTED

&= nbsp; ADOPTED RESOLUTION &nb= sp; DD-BW-BD-MR-ML &= nbsp; &nbs= p; &= nbsp; R-04-151

8G. &nb= sp; 3:30 PM Recess to reception welcoming Dr. Karen Smith, County Public Health Officer,

at 23= 44 Old Sonoma Road, Napa, California.

&= nbsp; RECEP= TION HELD

Admi= nistrative Items

9A. Director of Public Works requests approval and authorization for the Chair to sign a le= tter of interest in contributing $270,000 of County Measure "A" funds = for the Rutherford Dust Society's Napa River Restoration Project in Fiscal Year 2004-2005 upon the execution of a Memorandum of Understanding with the Rutherford Dust Society, the Napa County Resource Conservation District and= the County regarding funding, implementation and maintenance responsibilities of the collaborating partners.

= ; APPROVED REQUEST = MR-DD-BD-BW-ML

9B. C= ounty Executive Officer requests the appointment of one (1) of the following applicants to serve on the Napa County Parks and Open Space Advisory Committee as the Supervisorial District

No. 2 representative with the term of office to expire December 31, 2005:

Applicant

Anthony Norris

Lucio Ezequiel Perez

Larry Pyle

Ronald J. Taddei

THE BOARD APP= OINTED ANTHONY NORRIS.

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

9C. County Executive Off= icer requests appointments/reappointments to the Board of Directors of the Watershed Information Center<= /st1:PlaceType> and Conservancy of Napa County as follows:

1. Appointment of one (1) of the following applicants representing the general public with the term expiring August 2008:

Applicant

Richard L. Camera

&nbs= p; &= nbsp; &nbs= p; Guy William Kay

&nbs= p; &= nbsp; &nbs= p; Jim Dempsey Lincoln

&nbs= p; &= nbsp; &nbs= p; Karen Jean Bower Turjanis

THE BOARD APPOINTED RICHARD L. CAMERA.

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

2. Appointment/reappointment of the following three (3) applicants representing N= apa County Cities and Town as recommended by the Napa County City Selection Committee with te= rms expiring as indicated:

Applicant = &nb= sp; = &nb= sp; = City/Town &= nbsp; Term Expires

Eric E. Knight (regular member) &= nbsp; Town of Yountville August 2006=

David Crawford* (regular member) &= nbsp; City of Napa= &= nbsp; August 2008

Karen Slusser (alternate member) City of Calistoga August 2008

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

3. Reappointment of Phil Blake* representing the Natural Reso= urce Conservation Service with the term expiring August 2008.

APPROVED REQU= EST &= nbsp; BW-MR-BD= -DD-ML

*Incumbents

9D. County Executive Officer requests approval of Budget Transfer = No. 25 establishing and appropriating General and non-General Fund balances for Fiscal Year 2004-2005 budgets.

(4/5 vote required)

&= nbsp; APPRO= VED REQUEST = BW-DD-BD-MR-ML &= nbsp; &nbs= p; &= nbsp; BT-25

Legi= slative Items

10A. Approval of and authorization for the Chair to sign a letter thanking Senator Feinstein for= the position she has taken concerning S1529, Indian Gaming Regulatory Act Amendments of 2003.

&= nbsp; APPRO= VED REQUEST = BW-DD-BD-MR-ML

10B. &n= bsp; Approval of and authorization for the Chair to sign a letter of support for HR1501/S= 738, the

Northern California Coastal Wild Heritage Wilderness Act.

&= nbsp; THE BOARD WENT ON RECORD IN SUPPORT OF HR1501/S738.

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

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

SUPERVISOR DODD REPORTED HE HAS RECEIVED NUMEROUS TELEPHONE CALLS REGARDING THE UNSAFE CONDITIONS ON WOODEN VALLEY ROAD AS A RESULT OF THE TRAFFIC AND TRUCKS DUE TO THE CURRENT HARVEST. HE REQUESTED THAT SOMEONE FROM STA= FF DISCUSS THIS SITUATION WITH THE CALIFORNIA HIGHWAY PATROL (CHP) AND REQUEST STRICTER ENFORCEMENT BY THE CHP IN THAT AR= EA.

SUPERVISOR DILLON REPORTED ON THE LEGISLATIVE SUBCOMMITTEE MEETING THAT OCCURRED AUGUST 30, 2004, AND STATED THERE WAS SO= ME DISCUSSION REGARDING THE PROPOSED SALE OF SURPLUS PROPERTY BY THE STATE. SUPERVISOR DILLON REPORTED ONE OF THE PROPERTIES ON THE STATE’= S LIST WAS SKYLINE PARK ON IMOLA = AVENUE. SHE REQUESTED THIS BE PLACED ON THE PARKS AND OPEN SPACE COMMITTEE AGENDA FOR DISCUSSION.

<= /o:p>

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

SUPERVISOR RIPPEY REQUESTED THE PARKS AND OPEN SPAC= E COMMITTEE PROVIDE A GENERAL UPDATE TO THE BOARD.

<= /o:p>

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

&= nbsp; NONE<= o:p>

14. &nb= sp; Closed Session.

A. &nbs= p; CONFERENCE WITH LABOR NEGOTIATOR (Government Code

Section 54957.6)

Agency Designated Representatives: Dennis = Morris, Human Resources Director

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

&= nbsp; CLOSED SESSION HELD – NO REPORTABLE ACTION

14.&nbs= p; Continued

B.&n= bsp; = ; CONFERENC= E WITH LABOR NEGOTIATOR (Government Code

Section 54957.6)

Agency Designated Representatives: Dennis Morris, Human Resources Director

Employee Organization: Napa County Deputy Sheriffs' Associat= ion (Employee Unit & Supervisory Unit of the County of Napa).

&= nbsp; CLOSED SESSION HELD – NO REPORTABLE ACTION

C. CONFE= RENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to subdivi= sion (b) of Government Code Section 54956.9:&nb= sp; (Two cases).

&= nbsp; CLOSED SESSION HELD – NO REPORTABLE ACTION

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY, SEPTEMBER 14, 2004= AT 9:00 A.M.

_________= _________________________

MARK LUCE, Chairperson

&nb= sp;

ATTEST &= nbsp; __________________________________

= ; PAMELA MILLER, Clerk of the Board

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