MINUTES
OF THE

MEETING OF THE BOARD OF
SUPERVISORS

COUNTY OF NAPA

October 12, 2004

1.         Call to Order; Roll Call.

THE
BOARD OF SUPERVISORS OF THE COUNTY
OF NAPA MET IN REGULAR
SESSION ON TUESDAY, OCTOBER 12, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT:  CHAIRPERSON MARK LUCE, SUPERVISORS MIKE
RIPPEY, BRAD WAGENKNECHT AND DIANE DILLON.
SUPERVISOR BILL DODD WAS EXCUSED.
THE MEETING WAS CALLED TO ORDER BY CHAIR LUCE AT 9:04 A.M.

2.         Pledge
of Allegiance.

JOYCE
BEATTY LED THE SALUTE TO THE FLAG.

3.         Presentations
and Commendations.

NONE

4.         Public
Comment.

MARSHA HUNT SPOKE REGARDING THE POSSIBLE CLOSURE OF THE
COMMUNITY HOUSE AND COMMENTED THAT IT SERVES A GREAT NEED IN THE COMMUNITY.

SUPERVISOR LUCE REFERRED THE ITEM TO STAFF AND
REQUESTED THEY REPORT BACK TO THE BOARD ON OCTOBER 26, 2004.

5.         Department
Directors' Reports and Announcements.

KATE DARGAN, FIRE MARSHAL, AND NEAL O’HAIRE,
EMERGENCY SERVICES MANAGER, REPORTED ON THE STATUS OF THE RUMSEY FIRE.

MS. DARGAN REPORTED DURING THE LAST 48 HOURS ADDITIONAL
FIRES OCCURRED ON SPRING MOUNTAIN AND SODA CANYON ROAD IN THE CITY OF NAPA, AS WELL AS AN
UNCONTAINED FIRE IN CIRCLE
OAKS.  SHE STATED SHE WILL BE
WORKING AS THE LIAISON TO THE COUNTY
ON THE RUMSEY FIRE.

MS. DARGAN ANNOUNCED THE PHONE NUMBERS AND WEB SITE FOR
THE PUBLIC TO USE TO OBTAIN INFORMATION ON THE FIRE AND POTENTIAL EVACUATIONS.

JOHN TUTEUR, ASSESSOR-RECORDER-COUNTY
CLERK-REGISTRAR OF VOTERS, REPORTED THE ELECTIONS DEPARTMENT MAILED 66,200
SAMPLE BALLOTS AND THEY WOULD ARRIVE AT THE POST OFFICE TONIGHT.  HE STATED EARLY VOTING IS CURRENTLY
UNDER WAY AND SAID THE LAST DAY TO REGISTER TO VOTE IS MONDAY, OCTOBER 18, 2004
AT 5:00 P.M.  HE REPORTED THAT
ANYONE WHO REGISTERS TO VOTE AFTER OCTOBER 4, 2004

WILL HAVE TO OBTAIN
A SAMPLE BALLOT AT THE REGISTRAR OF VOTERS OFFICE.

5.         Continued

MR. TUTEUR STATED
HIS OFFICE IS CURRENT IN THE PROCESSING OF VOTER REGISTRATION.

DR. KAREN SMITH, HEALTH OFFICER, REPORTED ON THE
SHORTAGE OF FLU VACCINES AND STATED NAPA
COUNTY USUALLY OBTAINS
3,500 – 4,000 DOSES ANNUALLY, BUT THIS YEAR WILL RECEIVE NONE.  SHE STATED SHE IS PURSUING ALTERNATIVES
INCLUDING POSSIBLE PRIVATE SOURCES.

DR. SMITH INDICATED THAT THE STATE IS CONSIDERING RE-ALLOCATION
OF VACCINES NOT ALREADY DISTRIBUTED.

Consent Calendar

6A.      Sheriff and
Human Resources Director request the following actions regarding the provision
of

law enforcement services for the City of American
Canyon:

1.   Approval of and authorization for the Chair to sign Amendment
No. 9 to Agreement

No. 3220 with the City of American
Canyon for an estimated amount of $2,232,669 for

the term July 1, 2004 through June 30,
2005; and                            A-3220

(AMEND.
9)

2.   Adoption of a resolution amending the Departmental Allocation
List for the Sheriff's

Department with regards to adding one
(1) Captain position, effective

October 23, 2004.                                                                                     R-04-166

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

Chair to sign the following agreements regarding Napa Valley
College:

1.   Renewal of Agreement No. 4580 for a maximum of $15,000 for the
term July 1, 2004

through June 30, 2005 to provide vocational and
educational classroom training to clients participating in the Training and
Employment Center Program; and

A-4580

2.   Amendment No. 1 to Agreement No. 4832 incorporating
agency-wide changes to the

General Terms and Conditions,
revising the Scope of Work to include additional testing

tools, and revising the
compensation table to include a prorated amount for diagnostic

learning services to CalWORKs
clients.                                                      A-4832

(AMEND.
1)

6C.      Director of
Public Works/Aviation requests approval of Budget Transfer No. 30 in the amount
of

$353,994 for the Airport Capital Improvement and Operating
budgets, based on Fiscal Year

ended 2004 project status. (4/5 vote required)                                                  BT-30

6D.      Clerk of the
Board requests the Board authorize the Registrar of Voters to:

1.   Conduct two special elections on
February 1, 2005, one for Improvement District 1,

and one for Improvement
District 2, of the Spanish Flat Water District relating to

ratification of loan contracts with the State of California to fund
upgrade of district water treatment plants, with the  provision that all services rendered by
the County to the District in connection with such election be reimbursed in
full; and

2.   Publish a notice of special election once a week for four
weeks in the Napa Register,

with proof of such publication
to be filed with the District Secretary prior to the date set

for the  election, as required by Water Code
sections 35151 and 35152.

6E.       Human
Resources Director requests adoption of a resolution regarding the following in

Connection with the Public Works Department,
effective October 12, 2004:

1.   Amend the Departmental Allocation List to add one (1)
Stormwater Technician and delete one (1) Environmental Health Technician; and

2. Amend the Table and Index to add Stormwater
Technician.               R-04-167

6F.       Human
Resources Director requests adoption of a resolution approving the Total
Tentative

Agreement
with the Law Enforcement Employee/Law Enforcement Employee Supervisory

Units dated and ratified by the Units September 30,
2004 and amending the Table and Index.

R-04-168

6G.      Approve minutes
of the meeting held September 28, 2004.

7.         Discussion
of items removed from the Consent Calendar.

NONE

APPROVED
CONSENT CALENDAR ITEMS 6A THROUGH 6G.

BW-MR-BD-DD-ML

X

Set Matters or Public Hearings

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

meeting.

(SEE IN-HOME
SUPPORTIVE SERVICES PUBLIC AUTHORITY OF NAPA COUNTY

MINUTES)

8B.       9:30 A.M.  Acting Director of Conservation,
Development and Planning and Community Partnership Manager to provide status
report on General Plan Update with possible direction from the Board of
Supervisors.

(CONTINUED
FROM SEPTEMBER 21, 2004)

UPDATE
GIVEN

ITEM
CONTINUED TO NOVEMBER 16, 2004 AT 9:15 A.M.

8C.      11:00 A.M.  Public Hearing.  Public hearing and adoption of a
resolution amending the County's

Conflict of Interest Code.

PUBLIC HEARING
HELD – NO TESTIMONY PRESENTED

ADOPTED
RESOLUTION              BW-MR-BD-DD-ML                                   R-04-169

X

8D.      11:15 A.M.  Public Hearing.  County Executive Officer requests
adoption of a resolution increasing rates by 5% for the One Can 32-gallon
service and by 10% for all other services for collection of garbage and
recyclables applicable to Garbage Zone One, located generally in the
unincorporated areas of Napa County in the vicinity of the Cities of Napa and
American Canyon, effective October 1, 2004.

PUBLIC HEARING
HELD – TESTIMONY PRESENTED

ADOPTED
RESOLUTION              MR-DD-BD-BW-ML                                   R-04-170

X

Administrative Items

9A.      Chief Probation
Officer to discuss and request direction regarding staffing levels at the
Juvenile

Justice
Center.

DISCUSSION HELD

THE BOARD APPROVED THE ADDITION OF 5.75 POSITIONS TO
STAFF THE NEW JUVENILE JUSTICE
CENTER.

DD-MR-BD-BW-ML

X

9B.       Acting
Director of Conservation, Development and Planning requests adoption of a
resolution

creating the Airport Industrial Area Subcommittee,
adopting its by-laws, and authorizing

City of Napa
and City of American Canyon representation on said subcommittee.

ADOPTED RESOLUTION,
AS AMENDED.

BW-DD-BD-MR-ML                                   R-04-173

X

9C.      Supervisor Luce
requests discussion and potential direction from the Board regarding political

sign ordinance enforcement.

DISCUSSION
HELD

THE BOARD DIRECTED
STAFF TO WORK WITH THE PLANNING COMMISSION AND COMMUNITY STAKEHOLDERS TO REVIEW
THE CURRENT ORDINANCE FOR POSSIBLE AMENDMENTS AND CONTINUED THIS ITEM TO

JANUARY 11, 2005 FOR
FURTHER DISCUSSION.

9D.      Human Resources
Director requests the following regarding amending the contract with the

Board of Administration of the California Public
Employees' Retirement System to provide an

enchanced retirement benefit of 2.5% at 55 effective
December 18, 2004 for all miscellaneous

employees:

1.   Discussion
of future annual costs which are estimated to increase by $2.3 million for

this
fiscal year, a portion of which will be paid by the employees; and

2.   Adoption of a Resolution of Intention to approve an amendment
to the contract.

ADOPTED
RESOLUTION              BW-MR-BD-DD-ML                                   R-04-171

X

Legislative Items

10A.    The Legislative Subcommittee
will present a report including but not limited to the following

items. The Board may or may not take action on any or
all items presented for discussion.

(Unanimous vote required)

November 2, 2004 general election propositions:

Proposition 1A - Local Government Finance

THE BOARD WENT ON
RECORD IN SUPPORT OF PROPOSITION 1A, AND AT THE SAME TIME IN OPPOSITION OF PROP
65.

BW-MR-BD-DD-ML

X

Proposition
59 - Open Public Records Act

THE BOARD WENT ON
RECORD IN SUPPORT OF PROPOSITION 59.

MR-DD-BD-BW-ML

X

Proposition 63 - Mental Health Services
Expansion

THE BOARD WENT ON
RECORD IN SUPPORT OF PROPOSITION 63.

BW-MR-BD-DD-ML

X

10A.    Continued

Proposition 66 - Limitations on
"Three-Strikes" Law

THE BOARD WENT ON
RECORD IN OPPOSITION TO PROPOSITION 66.

MR-DD-BD-BW-ML

X

Proposition 68 - Non-Tribal Commercial
Gambling Expansion

THE BOARD WENT ON
RECORD IN OPPOSITION TO PROPOSITION 68.

BW-DD-BD-MR-ML

X

Proposition 69 - DNA Sample Collection

THE BOARD WENT ON
RECORD IN SUPPORT OF PROPOSITION 69.

MR-BW-BD-DD-ML

X

Proposition 70 - Tribal Gaming Compacts

THE BOARD WENT
ON RECORD IN OPPOSITION OF PROPOSITION 70.

DD-BW-BD-MR-ML

X

11.       Board of
Supervisors' Committee Reports and Announcements.

SUPERVISOR RIPPEY ANNOUNCED THAT LAST WEEK THE
EXECUTIVE COMMITTEE OF THE Association of Bay Area Governments (ABAG) SELECTED HENRY GARDNER TO REPLACE EUGENE
LEONG AS EXECUTIVE DIRECTOR.

12.       Board of Supervisors'
Future Agenda Items.

NONE

13.       County Executive Officer
Reports and Announcements.

NANCY WATT, COUNTY
EXECUTIVE OFFICER, ANNOUNCED THE JOINT
MEETING SCHEDULED WITH THE NAPA
CITY COUNCIL HAS BEEN CHANGED FROM OCTOBER 26 TO NOVEMBER 9, 2004.

MS. WATT ANNOUNCED THAT BRITT FERGUSON HAS ACCEPTED THE

POSITION OF ASSISTANT COUNTY EXECUTIVE OFFICER
AND WILL BEGIN

OCTOBER 25, 2004.

14.       Closed Session.

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

Agency Designated Representatives:
Dennis Morris, Human Resources Director

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 LEGAL COUNSEL - EXISTING
LITIGATION

(Government
Code Section 54956.9(a))

Name of case: Napa
Citizens for Honest Government et al v. Napa County

Board of Supervisors (Case No. 26-04014)

CLOSED SESSION HELD
– NO REPORTABLE ACTION

Supplemental
Agenda – Administrative Items

9E.       Consideration
and possible action to approve Administrative Item 9F because there is a need
to take immediate action and the need came to the attention of the local agency
subsequent to

9:00 A.M. on Saturday, October 9, 2004.

(4/5 vote of the Board, or unanimous vote if less than
4/5ths of the Board is present is required)

APPROVED
REQUEST                   BW-DD-BD-MR-ML

X

9F.       County Executive Officer
and Emergency Services Manager request adoption of a resolution proclaiming a local
emergency due to the Rumsey fire affecting the area of Napa
County described as Northeast Napa
County in the area of the Knoxville-Berryessa Road
and extending South along Lake
Berryessa to the Gamble
Ranch.

ADOPTED
RESOLUTION              DD-BW-BD-MR-ML                                   R-04-172

X

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR
MEETING, TUESDAY,

OCTOBER 19, 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