Board of Supervisors 8/8/2006 Regular Meeting

Director of Child Support Services requests approval of and authorization for the Chair to sign the following agreements with the California Department of Child Support Services for the term of July 1, 2006 through June 30, 2007 to provide reimbursement for services performed by County employees:

1. Renewal of Agreement No. 6528 (State No. 20-0055-07) for a maximum of $92,865; and
2. Agreement (State No. 20-0067-07) for a maximum of $95,972.

Agricultural Commissioner/Sealer of Weights and Measures requests adoption of a resolution amending the assessment roll portion of the Engineer's Report for Napa County Winegrape Pest and Disease Control District to properly identify qualifying properties subject to the District's assessment.

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 the Notices of Completion with the Clerk/Recorder for 650 Imperial Way Flood Mitigation Contract No. FLD0506-650  and 650 Imperial Way Flood Mitigation Work Order FLD0506-650.

Clerk of the Board requests adoption of a resolution authorizing consolidation of the general municipal elections for the Cities of Napa, Calistoga, American Canyon and St. Helena and the Town of Yountville with the statewide general election to be held on November 7, 2006 for the following purposes:

1. City of Napa: election of two (2) members of the City Council;
2. City of American Canyon: election of Mayor and two (2) members of the City Council;
3. City of Calistoga: election of Mayor and two (2) members of the City Council;
4. City of St.Helena: election of Mayor and two (2) members of the City Council; and
5. Town of Yountville: election of Mayor and two (2) members of the Town Council, and submission of Proposition F (increase in appropriations limit) to the voters.

Communications Manager requests approval of and authorization for the Chair to sign an agreement with American Telesource, Inc. for a maximum of $25,725 for the term April 1, 2006 through June 30, 2007 for voice mail maintenance and repair services.

County Counsel requests approval of and authorization for the Chair to sign Amendment No. 3 to Agreement No. 4097 with Shute, Mihaly and Weinberger, LLP amending the Scope of Work to include services involving implementation measures, actions and performance milestones required by the Regional Water Quality Control Board's proposed Basin Plan Amendment (Napa River Sediment Reduction and Habitat Enhancement Plan).

County Counsel requests adoption of a resolution authorizing consolidation of the Napa Valley Unified School District bond election with the statewide general election to be held on November 7, 2006.

County Executive Officer requests the following appointments to the State Council on Developmental Disabilities Area Board 4 with terms of office to commence immediately:

Auditor-Controller requests approval of the final appropriation and revenue levels and adoption of a resolution adopting the final budget for Fiscal Year 2006-2007 for County Service Area No. 3. (4/5 vote required)

Auditor-Controller requests approval of the final appropriation and revenue levels and adoption of a resolution adopting the final budget for Fiscal Year 2006-2007 for County Service Area No. 4. (4/5 vote required)

Recess to the Lake Berryessa Resort Improvement District (LBRID) meeting (See LBRID Agenda).

Recess to the Napa Berryessa Resort Improvement District (NBRID) meeting (See NBRID Agenda).

Recess to the Silverado Community Services District (SCSD) meeting (See SCSD Agenda).

Recess to the Monticello Public Cemetery District (MPCD) meeting (See MPCD Agenda).

Consideration and possible action regarding an appeal filed by Tom Carey of Dickenson, Peatman & Fogarty, on behalf of their client, Mr. William Smith, to a partial denial by the Director of Public Works of a road improvement modification requested by the appellant in connection with the application for Use Permit # 02057-UP for a property located at 1181 Las Posadas Road, Angwin. (Assessor's Parcel No. 025-060-001)
ENVIRONMENTAL DETERMINATION: The appeal of the Director’s determination on the road modification is not a “project” as defined in CEQA Section 15378. Section 15378(c) sets forth that the term “project” refers to an activity which is being approved, and does not mean each separate governmental approval. In this case, the Board’s determination on the road modification merely establishes how existing regulations are being interpreted, and will not result, either directly or indirectly, in a physical change in the environment. This code interpretation is necessary to establish the scope of the “project” that will then be subject to CEQA evaluation.
(CONTINUED FROM MARCH 14, APRIL 18, AND JUNE 6, 2006; APPELLANT REQUESTS CONTINUANCE TO SEPTEMBER 26, 2006 AT 9:15 A.M.)

Consideration and possible action regarding an appeal filed by Randy Mihm to a decision by the Director of Conservation, Development and Planning on May 26, 2006 denying a request for the refund of housing mitigation fees paid by Mr. Mihm regarding the property located at 5851 Knoxville Road.  (Assessor's Parcel No. 019-060-009)
ENVIRONMENTAL DETERMINATION:  The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.

Director of Conservation Development and Planning requests the following: 

1. Approval of and authorization to initiate an amendment to the Airport Industrial Area Specific Plan to allow continued operation of the Napa Flea Market at 303 South Kelly Road as a conditionally permitted use; and
2. Provide direction to staff regarding the continued operation of the flea market at its present size during preparation and consideration of the Specific Plan amendment.

Discussion and possible action concerning any and all issues related to Regional Housing Needs Allocations.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)

Property: 933 Water Street, Napa (Assessor's Parcel No. 003-242-003)
Agency Negotiator: Robert Peterson, Director of Public Works and Michael Stoltz, Deputy Director of Public Works
Negotiating Parties: Copia
Under Negotiation:  Terms of sale

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: (One case)