MINUTES OF THE

MEETING OF THE BOARD OF SUPERVISORS

COUNTY OF = NAPA

October 19, 2004

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1. Call to Order; Roll Call.

CHAIRPERSON MARK LUCE, SUPERVISORS= BILL DODD, MIKE RIPPEY, BRAD WAGENKNECHT AND DIANE DILLON. THE MEETING WAS CALLED TO ORDER BY= CHAIR LUCE AT 9:03 A.M.

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2. Pledge of Allegiance.

NEAL O’HAIRE, EMERGENCY SERVICES MANAGER, LED THE SALUTE TO = THE FLAG.

3. Presentations and Commendations.

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4. Public Comment.

JON CRAWFORD, PRESIDENT OF THE NAPA COUNTY DEPUTY SHERIFFS’ ASSOCIATION, SPOKE REGARDING THE RECENT RATIFICATION OF THEIR CONTRACT AND THANKED THE BOARD, COUNTY EXECUTIVE OFFICER NANCY WATT, AND OTHERS INVOLVED IN THE PROCESS. MR. CRAWFORD ALSO TH= ANKED SHERIFF SIMPSON FOR HIS LEADERSHIP.

LINDA HOWE READ SEVERAL LETTERS FROM PEOPLE REGARDING COMMUNITY HO= USE AND REQUESTED THE BOARD DO WHAT IT CAN TO ENSURE IT REMAINS OPEN.

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MARSHA SPOKE REGARDING COMMUNITY HOUSE AND REQUESTED IT REMAIN OPE= N.

WAYNE<= /st1:place> MORAN, JR., SPOKE REGARDING COMMUNITY HOUSE AND REQUESTED IT REMAIN OPEN.

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5. Department Directors' Reports and Announcements.

MARY BUTLER, CHIEF PROBATION OFFICER, INTRODUCED DAN KNIEFEL, THE = NEW ASSISTANT PROBATION OFFICER.

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MR. KNIEFEL THANKED MS. BUTLER FOR HER CONFIDENCE IN HIM AND STATE= D HE WAS LOOKING FORWARD TO HIS NEW ROLE.

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JOHN TUTEUR, ASSESSOR-RECORD= ER-COUNTY CLERK-REGISTRAR OF VOTERS, REPORTED OCTOBER 18, 2004 WAS THE LAST DAY TO RE= GISTER TO VOTE FOR THE NOVEMBER 2, 2004 ELECTION AND SAID FOR THIS ELECTION THE CO= UNTY WILL SURPASS THE NUMBER OF REGISTERED VOTERS IN 2000.

5. &n= bsp; Continued

MR. TUTEUR ALSO REPORTED THE NUMBER OF ABSENTEE BALLOTS IS AT AN ALL-TIME HIGH.

MR. TUTEUR STATED HE SENT OU= T A NEWS RELEASE TODAY ABOUT THE METHODS AVAILABLE FOR VOTERS TO CAST THEIR BAL= LOT.

NEAL O’HAIRE PROVIDED = AN UPDATE ON THE RUMSEY FIRE AND STATED TO DATE IT HAS BURNED APPROXIMATELY 40= ,000 ACRES. HE SAID THE FIRE IS CURRENTLY 100% CONTAINED AND THE IMMEDIATE CONCERN IS RECOVERY OF THE BURNED AREA.

Consent Calendar

6A. Acting Dir= ector of Health and Human Services requests approval of and authorization for the Chair to sign Amendment No. 1 to Agreement No. 2131 with the Regents of the= University of California modifying the training schedule for agency staff. &nbs= p; &= nbsp; &nbs= p; A-2131

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

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6B. Dire= ctor of Public Works requests approval of and authorization for the Chair to sign Amendment No. 1 to Lease Agreement No. 4852 with Napa Valley Vintners Community Health Center, for leased space located at 1141 Pear Tree Lane, Napa extending the term through

June 30, 2007 for an annual cost of $6,000 with a four percent increa= se applied on an annual basis starting July 1, 2005. = &nb= sp; = &nb= sp; = &nb= sp; A-4852

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

&nb= sp;

6C. Director of Public Works requests approval of and authorization for the Chair to sign Amendment No. 1 to Space License Agreement No. 6185 with Community Action of the Napa Valley, Inc., reducing the monthly amount from $1,404 to no cost, = for use of space at the HOPE Center located at 625 Randolph Street, Napa for the term July 1, 2004 through June 30, 2005.

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

6D. Director of Public Works requests acceptance of the work as complete and authorization = for the Chair to sign and Clerk of the Board to file a Notice of Completion with the Clerk/Recorder for Contract No. PW 04-04, “= Napa City/County Library Sign & Rai= ling Painting Project.”

6E. Dire= ctor of Public Works/Aviation requests authorization for the Chair to sign a Certificate of Acceptance of an Avigation and Hazard Easement Deed from Cam= ino Oruga Group, LLC. (Assessor’s Parcel No. 057-152-008)

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6F. Acti= ng Communications Manager requests the following concerning the purchase of two radio repeaters for Berry= essa Peak:

1. Approval of Budget Transfer No. 31, in the total amount of $24,123, increasing

appropriations in the Communications budget with offsetting revenues of $11,213 from the County Fire Department budget, $6,4= 55 from the Sheriff's Department budget, and $6,455 from Communications' Servi= ces and Supplies budget; and establishment of two fixed assets in the amounts of $12,910 and $11,213;

(4/5 vote required) and = &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; BT-31= &= nbsp; &nbs= p; &= nbsp;

2. A waiver of competitive bidding requirements and sole sour= ce award for the purchase of two Quantar radio repeaters from Motorola, Inc. o= f Rohnert Park, California, for a total of $24,123 pursuant to County Ordinance Code 2.36.090. &= nbsp;

6G. Human Reso= urces Director requests adoption of a resolution amending the Departmental Alloca= tion List for the Juvenile Hall Division of the Probation Department with regard= s to

adding five (5) Juvenile Hall Counselor I/II and = one (.75) Juvenile Hall Counselor I/II, effective

October 19, 2004. &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; R-04-1= 74

6H. Human Reso= urces Director requests adoption of a resolution regarding the following in Conne= ction with the County Counsel Office, effective October 23, 2004:

1. Amend the Departmental Allocation List to add one (.8) (C) Legal Administrative Specialist and delete one (.8) (C) Probate/Services Coordinator;

2. Amend the Table and Index to add a Legal Administrative Specialist and delete a

= Probate/Services Coordinator; and

3. Amend appropriate policies to add Legal Administrative Specialist and delete

= Probate/Services Coordinator. &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; R-04-175

6I. County Counsel and Napa County Deferred Compensation Board of Control request approval of =

and authorization for the Chair to sign an agreem= ent with Arnerich Massena & Associates for a

maximum of $37,500 for the term October 19, 2004 through April 18, 2005 to conduct a

comprehensive deferred compensation provider vend= or review process. &nbs= p; &= nbsp; A-6348

6J. County Executive Officer requests the appointment of Gina Altamura to serve as the youth

representative on the Wildlife Conservation Commission with the term of office to commence

immediately and expire February 1, 2007.

6K. County Executive Officer requests appointment of Andrew Carey = and Douglas Hawker to serve

as the Board of Supervisors' representatives on t= he Board of Directors of Community Action of

Napa Valley with the ter= ms of office to be determined.

6L. County Executive Off= icer requests adoption of a resolution revising the Bylaws of the Napa

County Advisory Board on Alcohol and Drug Program= s to reflect certain procedural changes.

&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; R-04-176

6M. Approve mi= nutes of the meeting held October 5, 2004.

&nbs= p; APPROVED, AS AMENDED.<= /p>

7. Discussion of Items Removed from the Consent Calendar.

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

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Set Matters or Public Hearings

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8A. 10:00 A.M. Presentation by the Napa County legislative advocate, Don Peterson, regarding the

recently closed 2003-2004 California legislative session and prospects for the 2005-2006

legislative session.

&nbs= p; PRESENTATION MADE

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8B. 1:30 P.M. Recess to the Napa County F= lood Control and Water Conservation District meeting.

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

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Administrative Items

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9A.      Supervisor= s Dodd and Dillon request discussion of a new transportation sales tax proposal, w= ith

   &nbs= p;        possible action to recommend consideration by the Napa County Transportation Plannin= g

Agency (NCTPA).

THE BOARD APPROVED THE PROPOSED TRANSPORTATION SALES TAX PLAN FOR REVIEW BY THE NAPA COUNTY TRANSPORTATION PLANNING AGENCY (NCTPA) AND THE NAPA COUNTY LEAGUE OF GOVERNMENTS (NCLOG) AND FOR THE PLAN TO BE PUT THROUGH A CONSENSUS PROCESS = WITH THE CITIES OF NAPA COUNTY AND THE PUBLIC AT LARGE. THE COUNTY WOULD SUPPORT A DECISIO= N TO MOVE TO THE BALLOT FOR NOVEMBER 2005 OR AS RECOMMENDED BY NCTPA, BUT NO LAT= ER THAN JUNE 2006.

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9B.       County Executive Officer requests appointment of one (1) member and one (1) alternate member

of the Board of Supervisors to serve on the California State Association of Counties (CSAC)

Board of Directors for the 2005 Association year beginning November 18, 2004.

THE BOARD APPOINTED SUPERVIS= OR WAGENKNECHT AS MEMBER AND SUPERVISOR DODD AS ALTERNATE.

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9C.      County Executive Officer requests appointment of a member of t= he Board of Supervisors to

serve as an alternate on the Board of Directors of the Watershed Information Center<= /st1:PlaceType> and

Conservancy of Napa County with the term of office to commence immediately and expire

August 2008.

THE BOARD APPOINTED CHAIR LUCE.

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9D.      County Executive Officer requests a total of five (5) appointment/reappointments to the

Napa County Farmworker Housing Oversight Committee with the terms of office to expire as

indicated:

Four from the following:         &= nbsp;           &nbs= p; Representing        &= nbsp;           &nbs= p;            &= nbsp;       Term Expires

Bonnie Schoch &nb= sp;            =             &nb= sp;          City of St. Helena         &= nbsp;           &nbs= p;           Septe= mber 30, 2005

Richard Salvestrin*             =             &nb= sp;     Napa County Farm Bureau         &= nbsp;         September 30, 2007

Samuel E. Turner (Regular)             =       Napa Valley Grape Growers' Assoc.    S= eptember 30, 2005

and Jennifer Kopp (Alternate)

One from the following:

Rev. John J. Brenkle*             = Citizen At Large      &nbs= p;            &= nbsp;           &nbs= p;   September 30, 2007

Kathleen E. Pepper (Kelly)             =       Citizen At Large      &nbs= p;            &= nbsp;           &nbs= p;   September 30, 2007

*Incumbents

THE BOARD APPOINTED BONNIE S= CHOCH, SAMUEL E. TURNER, AND

JENNIFER KOPP, AND REAPPOINT= ED RICHARD SALVESTRIN.

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&nb= sp;

THE BOAR= D REAPPOINTED REVEREND JOHN J. BRENKLE.

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9E.       County Executive Officer and Clerk of the Board of Supervisors recommend discussion and

possible action regarding a two week hiatus for t= he Board during the summer of the 2005

meeting calendar year.

THE BOARD APPROVED A HIATUS = FOR AUGUST 30 AND SEPTEMBER 6, 2005.

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9F.       County Executive Officer requests the following:

1. Approval for the Auditor-Controller to pay the Leadership = Napa Valley Foundation as the fiscal agent for the Napa Valley Conference and Visitors Bureau for the County's share of costs in the amount of $10,000 fo= r a Visitor Study Profile to be conducted by Purdue University; and

2. Approval of Budget Transfer No. 32, increasing appropriati= ons in 10200 the County Executive Office budget by $10,000 offset by a transfer= of the same amount from Contingencies. (4/5 vote required)

        &= nbsp;   APPROVED REQUESTS      = ;           MR-BW-= BD-DD-ML        &= nbsp;           &nbs= p;            &= nbsp; BT-32

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9G.      Supervisor Dillon requests discussion and possible direction to staff related to the Emergency

Watershed Protection (EWP) Program as administere= d by the Natural Resources Conservation

Service including the following possible actions:=

1. Approval of and authorization for the Chair to sign a lett= er seeking funding from the EWP Program regarding the local emergency declared under Resolution 04-172 pending approval of the required 25% match with no = cost to the County; and

2. Approval of and authorization for the Chair to sign appropriate Cooperative Agreement and subsequent amendments, if necessary, = with the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture, pursuant to the Emergency Watershed Protection Program, regarding the local emergency declared under Resolution 04-172.

   &nbs= p;        APPROVED REQUESTS            =      DD-BW-BD-MR-ML

10.       Legislative= Items.

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11.       Board of Supervisors' Committee Reports and Announcements.

SUPERVISOR WAGENKNECHT REPORTED A JOINT MEETING WAS HELD ON OCTOBER 18, 2004 WITH YOLO, SONOMA AND SOLANO COUNTIES REGARDING INDIAN GAMING AND LONG-TERM POTENTIAL LAND USE ISSUES. HE STATED IT WAS = A VERY POSITIVE AND PRODUCTIVE MEETING AND SAID THE NEXT MEETING IS SCHEDULED FOR = DECEMBER 6, 2004.

SUPERVISOR RIPPEY COMMENTED HOW IMPORTANT IT IS TO MAINTAIN FOCUS = ON THE ISSUE OF INDIAN GAMING AS A PRIORITY FOR = NAPA COUNTY.<= /b>

SUPERVISOR DODD REPORTED THERE WAS A NAPA COUNTY LEAGUE OF GOVERNMENTS (NCLOG) LAND USE STRATEGY COMMITTEE MEETING LAST WEEK AT WHICH SOME CHANGES WERE MA= DE TO THE NCLOG FORMAT. HE SAID = THERE WILL BE A POLICY ADVISORY COMMITTEE CONSISTING OF TWO MEMBERS FROM EACH ENT= ITY, A STAFF ADVISORY COMMITTEE AND AN

AD-HOC COMMITTEE THAT WILL ADDRESS ISSUES WITHIN THE COMMUNITY THAT NEED SPECIFIC ACTION. SUPERVI= SOR DODD SAID THE FIRST AD-HOC

11.       Conti= nued

COMMITTEE CREATED WILL LOOK AT TRANSPORTATION. HE STATED NCLOG ALSO PASSED A VISI= TOR SERVING STRATEGY. SUPERVISOR = DODD COMMENTED THAT NCLOG CURRENTLY MEETS ON A QUARTERLY BASIS.

SUPERVISOR DODD THANKED THE COUNTY EXECUTIVE OFFICE ADMINISTRATIVE STAFF FOR THE BOSS’ DAY BREAKFAST THEY MADE.

12.       Board of Supervisors' Future Agenda Items.

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13.       County Executive Of= ficer Reports and Announcements.

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14.       Closed Sess= ion.

A. CONFERENCE WITH LEGAL COUN= SEL - EXISTING LITIGATION (Government Code Section 54956.9(a))

      Names of cases:<= /p>
1. County of Napa v. Edward W= illiam 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 SESSIONS NOT HELD

3. N= apa Citizens for Honest Government et. al. v. Napa County Board of Supervisors (Case No. 26-04014)

CLOSED S= ESSION HELD – NO REPORTABLE ACTION

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

   = ;   Section 54957.6)

Agency Designated Representatives: Dennis Morris, Human Resour= ces Director

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

CLOSED SESSION HELD – = NO REPORTABLE ACTION

C. CONFERENCE WITH LEGAL COUN= SEL - ANTICIPATED LITIGATION

Initiation of litigation pursuant to subdivision = (c) of Government Code Section 54956.9: (One case)

CLOSED S= ESSION NOT HELD

Adjournment.=

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR ME= ETING, TUESDAY, OCTOBER 26, 2004 AT 9:00 A.M.

_________________= ___________________

MARK LUCE, Chairperson

ATTEST:         ________________= ____________________

PAMELA MILLER, Cl= erk of the Board<= o:p>

KEY

Vote:    ML =3D Mark Luce; DD = =3D Diane Dillon; BD =3D Bill Dodd; MR =3D Mike Ri= ppey; BW =3D Brad Wagenknecht

The maker of the motion and second are reflected respectively in the order of t= he recorded vote.

Notations under Vote: N =3D No; X =3D Excused; A =3D Abs= tain