MINUTES
OF THE

MEETING OF THE BOARD OF
SUPERVISORS

COUNTY OF NAPA

October 19, 2004

1.         Call
to Order; Roll Call.

THE
BOARD OF SUPERVISORS OF THE COUNTY
OF NAPA MET IN REGULAR
SESSION ON TUESDAY, OCTOBER 19, 2004 AT 9:00 A.M. WITH THE FOLLOWING MEMBERS PRESENT:  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.

2.         Pledge
of Allegiance.

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

3.         Presentations
and Commendations.

NONE

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 THANKED
SHERIFF SIMPSON FOR HIS LEADERSHIP.

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

MARSHA SPOKE REGARDING COMMUNITY HOUSE AND REQUESTED IT REMAIN OPEN.

WAYNE
MORAN, JR., SPOKE REGARDING COMMUNITY HOUSE AND REQUESTED IT REMAIN OPEN.

5.         Department
Directors' Reports and Announcements.

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

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

JOHN TUTEUR, ASSESSOR-RECORDER-COUNTY
CLERK-REGISTRAR OF VOTERS, REPORTED OCTOBER 18, 2004 WAS THE LAST DAY TO REGISTER
TO VOTE FOR THE NOVEMBER 2, 2004 ELECTION AND SAID FOR THIS ELECTION THE COUNTY
WILL SURPASS THE NUMBER OF REGISTERED VOTERS IN 2000.

5.         Continued

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

MR. TUTEUR STATED HE SENT OUT A
NEWS RELEASE TODAY ABOUT THE METHODS AVAILABLE FOR VOTERS TO CAST THEIR BALLOT.

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 Director
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.                                  A-2131

(AMEND.
1)

6B.       Director
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 increase
applied on an annual basis starting July 1, 2005.                                                                                       A-4852

(AMEND.
1)

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.

A-6185

(AMEND.
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 & Railing
Painting Project.”

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

6F.       Acting
Communications Manager requests the following concerning the purchase of two
radio repeaters for Berryessa
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, $6,455
from the Sheriff's Department budget, and $6,455 from Communications' Services
and Supplies budget; and establishment of two fixed assets in the amounts of
$12,910 and $11,213;

(4/5 vote required) and                                                                               BT-31

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

6G.      Human Resources
Director requests adoption of a resolution amending the Departmental Allocation
List for the Juvenile Hall Division of the Probation Department with regards to

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

October 19, 2004.                                                                                                       R-04-174

6H.      Human Resources
Director requests adoption of a resolution regarding the following in Connection
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.                                                                    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 agreement
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 vendor
review process.                        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 the
Board of Directors of Community Action of

Napa
Valley with the terms of
office to be determined.

6L.       County Executive Officer
requests adoption of a resolution revising the Bylaws of the Napa

County Advisory Board on Alcohol and Drug Programs to
reflect certain procedural changes.

R-04-176

6M.      Approve minutes
of the meeting held October 5, 2004.

APPROVED, AS AMENDED.

7.         Discussion
of Items Removed from the Consent Calendar.

NONE

APPROVED CONSENT CALENDAR ITEMS 6A THROUGH 6M, AS NOTATED ABOVE.                                     DD-BW-BD-MR-ML

Set Matters or Public Hearings

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.

PRESENTATION MADE

8B.       1:30 P.M.  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.      Supervisors Dodd
and Dillon request discussion of a new transportation sales tax proposal, with

possible
action to recommend consideration by the Napa County Transportation Planning

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 DECISION TO
MOVE TO THE BALLOT FOR NOVEMBER 2005 OR AS RECOMMENDED BY NCTPA, BUT NO LATER
THAN JUNE 2006.

BD-MR-BW-DD-ML

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 SUPERVISOR
WAGENKNECHT AS MEMBER AND SUPERVISOR DODD AS ALTERNATE.

MR-DD-BD-MR-ML

9C.      County Executive
Officer requests appointment of a member of the
Board of Supervisors to

serve as an alternate on the Board of Directors of
the Watershed Information Center
and

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

August 2008.

THE BOARD
APPOINTED CHAIR LUCE.

BW-MR-BD-DD-ML

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:                        Representing
Term
Expires

Bonnie Schoch                                     City
of St. Helena                                 September
30, 2005

Richard Salvestrin*                               Napa County
Farm Bureau                   September
30, 2007

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

and Jennifer Kopp (Alternate)

One from the following:

Rev. John J. Brenkle*               Citizen
At Large                                   September
30, 2007

Kathleen E. Pepper (Kelly)                   Citizen
At Large                                   September
30, 2007

*Incumbents

THE BOARD APPOINTED BONNIE SCHOCH,
SAMUEL E. TURNER, AND

JENNIFER KOPP, AND REAPPOINTED
RICHARD SALVESTRIN.

MR-BD-BW-DD-ML

THE BOARD REAPPOINTED
REVEREND JOHN J. BRENKLE.

DD-BD-MR-BW-ML

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

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

meeting calendar year.

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

DD-BW-BD-MR-ML

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 for a
Visitor Study Profile to be conducted by Purdue University; and

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

APPROVED
REQUESTS                 MR-BW-BD-DD-ML                                   BT-32

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

Watershed Protection (EWP) Program as administered by
the Natural Resources Conservation

Service including the following possible actions:

1.   Approval of and authorization for the Chair to sign a letter
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.

APPROVED REQUESTS                 DD-BW-BD-MR-ML

10.       Legislative Items.

NONE

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.

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

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

11.       Continued

COMMITTEE CREATED WILL LOOK AT TRANSPORTATION.  HE STATED NCLOG ALSO PASSED A VISITOR
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.

NONE

13.       County Executive Officer
Reports and Announcements.

NONE

14.       Closed Session.

A. CONFERENCE WITH LEGAL COUNSEL -
EXISTING LITIGATION (Government Code  Section 54956.9(a))

Names of cases:

1. County
of Napa v. Edward William
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. Napa
Citizens for Honest Government et. al. v. Napa County Board
of Supervisors (Case No. 26-04014)

CLOSED SESSION
HELD – NO REPORTABLE ACTION

B.
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

C. CONFERENCE WITH LEGAL COUNSEL -
ANTICIPATED LITIGATION

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

CLOSED SESSION
NOT HELD

Adjournment.

ADJOURNED TO BOARD OF SUPERVISORS’ REGULAR MEETING,
TUESDAY, OCTOBER 26, 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