MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF = NAPA

October 12, 2004=

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1.= Call to Order; Roll Call.

CHAIRPERSON MARK LUCE, SUPERVISORS= MIKE RIPPEY, BRAD WAGENKNECHT AND DIANE DILLON.= SUPERVISOR BILL DODD WAS EXCUSED.&n= bsp; THE MEETING WAS CALLED TO ORDER BY CHAIR LUCE AT 9:04 A.M.

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2. Pledge of Allegiance.

&= nbsp; JOYCE BEATTY LED THE SALUTE TO THE FLAG.

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3. Presentations and Commendations.

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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.=

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

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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.

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MS. DARGAN REPORTED DURING THE LAST 48 HOURS ADDITI= ONAL 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 EVACUATIO= NS.

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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. &n= bsp; Continued

MR. TUTEUR ST= ATED HIS OFFICE IS CURRENT IN THE PROCESSING OF VOTER REGISTRATION.

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

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

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Consent Calendar

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6A. Sheriff and Human Resources Director request the following actions regarding the provis= ion of

law enforcement services for the City of American Canyon:

1. Approval of and authorization for the Chair to sign Amendm= ent 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 &nbs= p; &= nbsp; A-3220

= &nb= sp; = &nb= sp; = &nb= sp; = &nb= sp; = (= AMEND. 9)

2. Adoption of a resolution amending the Departmental Allocat= ion List for the Sheriff's

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

October 23, 2004. &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; R-04-166

6B. Acti= ng 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

= ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; A-4580

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

General Terms and Condition= s, 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 CalWOR= Ks clients. = ; &n= bsp; = ; &n= bsp; A-4832

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

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

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

ended 2004 project status. (4/5 vote required) &= nbsp; &nbs= p; &= nbsp; &nbs= p; BT-30

6D. Clerk of t= he 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 fu= nd upgrade of district water treatment plants, with the provision that all services rendere= d 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 publicat= ion 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 followin= g 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; a= nd

2. Amend the Table and Index to add Stormwater Technician. &n= bsp; R-04-167

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

&nbs= p; Agreement with the Law Enforcement Employee/Law Enforcement Employee Supervisory

Units dated and ratified by the Units September 3= 0, 2004 and amending the Table and Index.

&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; R-04-168

6G. Approve mi= nutes of the meeting held September 28, 2004.

7. Discussion of items removed from the Consent Calendar.

&= nbsp; NONE

&= nbsp; APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6G.

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Set Matters or Public Hearings

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8A. 9:15 A.M. Recess to the In-Home Suppo= rtive 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 Conserva= tion, Development and Planning and Community Partnership Manager to provide status report on General Plan Update with possible direction from the Board of Supervisors.

(CONTIN= UED FROM SEPTEMBER 21, 2004)

&= nbsp; UPDATE GIVEN

&= nbsp; ITEM CONTINUED TO NOVEMBER 16, 2004 AT 9:15 A.M.

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

Conflict of Interest Code.

PUBLIC H= EARING HELD – NO TESTIMONY PRESENTED

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ADOPTED RESOLUTION &nb= sp; BW-MR-BD-DD-ML &= nbsp; &nbs= p; &= nbsp; R-04-169

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8D. 11:15 A.M. Public Hearing. County Executive Officer re= quests 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 a= nd American Canyon, effective October 1, 2004.

PUBLIC H= EARING HELD – TESTIMONY PRESENTED

&nb= sp;

ADOPTED RESOLUTION &nb= sp; MR-DD-BD-BW-ML &= nbsp; &nbs= p; &= nbsp; R-04-170

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Administrative Items

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9A. Chief Prob= ation 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 JU= STICE CENTER.<= /b>

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9B.       Acti= ng 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.

        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp; BW-DD-BD-MR-ML        &= nbsp;           &nbs= p;            &= nbsp; R-04-173

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

9C.      Supervisor= Luce requests discussion and potential direction from the Board regarding politi= cal

sign ordinance enforcement.

DISCUSSI= ON HELD

&nb= sp;

THE BOARD DIR= ECTED STAFF TO WORK WITH THE PLANNING COMMISSION AND COMMUNITY STAKEHOLDERS TO RE= VIEW THE CURRENT ORDINANCE FOR POSSIBLE AMENDMENTS AND CONTINUED THIS ITEM TO

JANUARY 11, 2= 005 FOR FURTHER DISCUSSION.

&nb= sp;

9D.      Human Reso= urces 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 effect= ive 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 amendm= ent to the contract.

        &= nbsp;   ADOPTED RESOLUTION     &nb= sp;        BW-MR-BD-DD-ML        &= nbsp;           &nbs= p;            &= nbsp; R-04-171

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Legislative Items

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

items. The Board may or may not take action on an= y or all items presented for discussion.

(Unanimous vote required)

November 2, 2004 general election propositions:

Proposition 1A - Local Government F= inance

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

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Pro= position 59 - Open Public Records Act

THE BOARD WEN= T ON RECORD IN SUPPORT OF PROPOSITION 59.

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Proposition 63 - Mental Health Serv= ices Expansion

THE BOARD WEN= T ON RECORD IN SUPPORT OF PROPOSITION 63.

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10A.   = Continued

Proposition 66 - Limitations on "Three-Strikes" Law

THE BOARD WEN= T ON RECORD IN OPPOSITION TO PROPOSITION 66.

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Proposition 68 - Non-Tribal Commerc= ial Gambling Expansion

THE BOARD WEN= T ON RECORD IN OPPOSITION TO PROPOSITION 68.

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Proposition 69 - DNA Sample Collect= ion

THE BOARD WEN= T ON RECORD IN SUPPORT OF PROPOSITION 69.

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Proposition 70 - Tribal Gaming Comp= acts

THE BOAR= D WENT ON RECORD IN OPPOSITION OF PROPOSITION 70.

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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.

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12.       Board of Su= pervisors' Future Agenda Items.

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13.       County Executive Of= ficer Reports and Announcements.

NANCY WATT, COUNTY EXECUTIVE OFFICER, ANNOUNCED THE= JOINT MEETING SCHEDULED WITH THE NAP= A 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 OF= FICER AND WILL BEGIN

OCTOBER 25, 2004.

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14.       Closed Sess= ion.

&n= bsp;

A. CONFERENCE WITH LABOR NEGO= TIATOR (Government Code Section 54957.6)

      Agency Designated Representativ= es: Dennis Morris, Human Resources Director

Unrepresented Employees: Non-Classified, Management and Confidential Employees

of the County of Napa (Excluding Elected Officials)

CLOSED SESSIO= N HELD – NO REPORTABLE ACTION

B.     CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

      (Gov= ernment 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 SESSIO= N HELD – NO REPORTABLE ACTION

Supplem= ental Agenda – Administrative Items

9E. =       = Consideration and possible action to approve Administrative Item 9F because there is a ne= ed to take immediate action and the need came to the attention of the local ag= ency 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)

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

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

9F. &nb= sp;    County Executive Off= icer 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 Ga= mble Ranch.

ADOPTED RESOLUTION     &nb= sp;        DD-BW-BD-MR-ML        &= nbsp;           &nbs= p;            &= nbsp; R-04-172

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

Adjournment.=

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING, TUESDAY,

OCTOBER 19, 2004 AT 9:00 A.M.

_____________= _____________________

MARK LUCE, Chairperson

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ATTEST:         = ___________________________________

            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