AGENDA SPECIAL MEETING
NAPA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
TUESDAY		JANUARY 9, 2001	1:30 P.M.

Brad Wagenknecht District 1	Mark Luce District 2	Mel Varrelman District 3	Bill Dodd District 4	Mike Rippey District 5
Jill Techel Councilmember Napa	Ed Henderson Mayor Napa	Lori Maples Mayor American Canyon	Mary Lou Holt Mayor Yountville	Ken Slavens Mayor St. Helena	Mario Callegari Mayor Calistoga

GENERAL INFORMATION

The Napa County Flood Control and Water Conservation District meets the first and third Tuesday of every month at 1:30 P.M. at 1195 Third Street, Room 305, Napa, California 94559. If you require an assistive listening device, interpreter or any other special arrangement please provide the Clerk of the Napa County Board of Supervisors with 24-hour notice by calling 253-4580 (253-6088TDD).

The agenda is divided into three sections:

CONSENT CALENDAR - These matters typically include routine financial or administrative actions, as well as final adoption of ordinances that cannot be both introduced and adopted at the same meeting. Any item on the CONSENT CALENDAR will be discussed separately at the request of any person. CONSENT CALENDAR items are usually approved with a single motion.

SET MATTERS - These items are noticed hearings, work sessions and public hearings.

REGULAR CALENDAR - These items include significant policy and administrative actions and are classified by program areas. Immediately after approval of the CONSENT CALENDAR, if the time for hearing SET MATTERS has not arrived, the REGULAR CALENDAR will be considered.

ANY MEMBER OF THE AUDIENCE DESIRING TO ADDRESS THE BOARD ON A MATTER ON THE AGENDA please proceed to the rostrum and, after receiving recognition from the Chair, give your name, address, and your comments or questions. In order that all interested parties have an opportunity to speak, please be brief and limit your comments to the specific subject under discussion. Time limitations shall be at the discretion of the Chair or Board.

AGENDA AVAILABLE ONLINE AT

www.co.napa.ca.us

http://www.co.napa.ca.us/internet/publicworks/floodquestion.asp

1. Call to Order; Roll Call.

2. Pledge of Allegiance

3. Election of Officers (Chair and Vice-Chair)

4. Chairman’s statement regarding procedure for Hearings to Consider Resolutions of Necessity:

HEARINGS TO CONSIDER

RESOLUTIONS OF NECESSITY

This agenda includes one or more hearings to consider resolutions of necessity.

The sole purpose of the Board’s hearing to consider adoption of a Resolution of Necessity to acquire property by eminent domain as required by the California Code of Civil Procedure is for the Board to determine that all four of the following exist:

1. The public interest and necessity require the proposed project, in this case the Napa River/Napa Creek Flood Protection Project;

2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;

3. The property described in the proposed Resolution of Necessity is necessary for the proposed project; and

4. The offer required by Government Code section 7267.2 has been made to the owner or owners of record or the offer has not been made because the owner cannot be located with reasonable diligence and, as part of the making of the offer, the owner(s) of the affected property were provided with a written statement of, and summary of the basis for, the amount offered as just compensation, which offer was not less than the District’s approved appraisal of the fair market value of the property.

As part of the Board’s evaluation whether these four items exist, the law provides an owner of record of the affected property or recorded interest in the property an opportunity to be heard on these four issues, but only if such owner has filed a written request for such hearing within fifteen days after being mailed notice of the Board’s intention to adopt the Resolution. An owner’s failure to timely request in writing such opportunity to be heard on these four matters may waive the owner’s right to be heard on these items.

This hearing is not an opportunity for members of the public who do not own a property interest in the affected property to be heard on these four issues. While such persons may comment on these or any other issues during the public comment period on the agenda, such comments are not considered part of the record for the Resolution of Necessity.

Adoption of a Resolution of Necessity requires the affirmative vote of two-thirds of all of the members of the Board. Adoption of the Resolution of Necessity conclusively establishes the first three of the required elements. It also authorizes the District’s legal counsel to commence eminent domain proceedings to acquire the property.

5. 1:30 P.M. PUBLIC COMMENT

At this time, anyone may address the Napa County Flood Control Water Conservation District regarding any subject not on today’s agenda over which the Board has jurisdiction. Individuals will be limited to a three-minute presentation. No action will be taken by the Napa County Flood Control Water Conservation District as a result of any item presented at this time.

CONSENT CALENDAR

These matters typically include routine financial or administrative actions, as well as final adoption of ordinances that cannot be both introduced and adopted at the same meeting. Any item on the CONSENT CALENDAR will be discussed separately at the request of any person. CONSENT CALENDAR items are usually approved with a single motion.

6. District Engineer requests approval of, and:

A. authorization for the Chair to sign Amendment No. 2 to Agreement No.57 (FC) with Peter L. Palzis, Linda Palzis, James Palzis, Richard Kinoshita, Janis Kinoshita and Mary Cook for lease of an office unit located at 301 River Street in the City of Napa through November 30, 2000 with a provision for automatic renewal on a month-to-month tenancy thereafter; and

B. possible right of first refusal to rent remaining office suites, at the then-applicable fair market rate, as such space becomes available.

7. District Engineer requests approval of and authorization for Chairman, or in his absence the Vice Chairman, to sign a Leasehold Termination Agreement, including agreement to acquire fixtures and equipment from Napa Bicycle Moto-Cross Club for $51,255.00 and accept the Quitclaim Deed dated November 21, 2000. The location of the leasehold is at Napa Valley College (APN# 046-450-005).

8.

District Engineer requests approval of and authorization for the Chairman to sign the following Agreements with the Napa County Flood Protection and Watershed Improvement Authority: A. Amendment No. 1 to District Agreement No. 47 (FC) in the amount of $19,825,078.00 for the term July 1, 2000 through June 30, 2001 for the Napa River/Napa Creek Flood Protection Project (Budget Unit 60200); and B. Amendment No 1 to District Agreement No. 46 (FC) in the amount of $100,000.00 for the term July 1, 2000 through June 30, 2001 for General Administration Services (Budget Unit 60300).

CONSENT CALENDAR CONTINUED

9. Adoption of a 2001 meeting schedule for the Board of Directors of the Napa County Flood Control and Water Conservation District is requested, pursuant to District Bylaws.

10. Approve minutes of Napa County Flood Control and Water Conservation District meeting of December 5, 2000.

REGULAR CALENDAR

11. Closed Sessions:

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Initiation of litigation pursuant to Government Code Section 54956.9(c): (40 cases)

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Government Code Section 54956.9(a))

Name of Case(s): Napa County Flood Control and Water Conservation District vs. Plass, et al, Napa County Superior Court No. 26-09401

Napa County Flood Control and Water Conservation District vs. Anthony J. Giovannoni, Napa County Superior Court No. 26-09399

Napa County Flood Control and Water Conservation District vs. Pah Stanly Ranch, LLC, Napa County Superior Court No. 26-09400

Napa County Flood Control and Water Conservation District vs. Napa Yacht Club Homeowners Association, Napa County Superior Court No. 26-09497

Napa County Flood Control and Water Conservation District vs. Channel Lumber Company, Inc., Napa County Superior Court No. 26-09724

Napa County Flood Control and Water Conservation District vs. Calvo, Napa County Superior Court No. 26-11985

REGULAR CALENDAR CONTINUED

12. HEARING TO CONSIDER RESOLUTION OF NECESSITY

A. Provide the owner of record, Glenn W. Drake or his representative(s), an opportunity to be heard regarding the proposed Resolution of Necessity described in (B); and

B. Consider adoption of a Resolution of Necessity by the Napa County Flood Control and Water Conservation District and to authorize the District’s legal counsel to commence eminent domain proceedings to acquire in fee simple certain real property interests located at 699 and 705 Soscol Ave, aka the Rough Rider Building, comprised of two parcels with a total of 1.81 acres, more or less (APN# 006-191-006 and 006-191-007) currently housing two tenants – the Riverfront Antique Center, and the Silk Plant Warehouse. (CONTINUED FROM DECEMBER 5, 2000)

TWO-THIRDS VOTE REQUIRED

13. HEARING TO CONSIDER RESOLUTION OF NECESSITY

A. Provide the owner of record, Richard E. Bradley or his representative(s), an opportunity to be heard regarding the proposed Resolution of Necessity described in (B); and

B. Consider adoption of a Resolution of Necessity by the Napa County Flood Control and Water Conservation District and to authorize the District’s legal counsel to commence eminent domain proceedings to acquire in fee simple certain real property interests located at 801-805 Eighth Street in the City of Napa (APN# 005-190-009 and

006-224-001).

TWO-THIRDS VOTE REQUIRED

14. HEARING TO CONSIDER RESOLUTION OF NECESSITY

A. Provide the owners of record, George R. Cliff, et al. or their representative, an opportunity to be heard regarding the proposed Resolution of Necessity described in (B); and

B. Consider adoption of a Resolution of Necessity by the Napa County Flood Control and Water Conservation District and to authorize the District’s legal counsel to commence eminent domain proceedings to acquire in fee simple certain real property interests located at 948 Third Street, Napa, CA (APN# 006-133-001) where Limpic’s Custom Woodworks and 5 Star Productions are tenants.

TWO-THIRDS VOTE REQUIRED

REGULAR CALENDAR CONTINUED

15. HEARING TO CONSIDER RESOLUTION OF NECESSITY

A. Provide the owners of record, Sam and Nancy LaMonica and Job J. and Elaine M. de Bruin or their representative(s), an opportunity to be heard regarding the proposed Resolution of Necessity described in (B); and

B. Consider adoption of a Resolution of Necessity by the Napa County Flood Control and Water Conservation District and to authorize the District’s legal counsel to commence eminent domain proceedings to acquire in fee simple certain real property interests located at 901 Eighth Street and 995 Seventh Street in the City of Napa

(APN# 006-221-002, 006-221-003, and 006-221-004).

TWO-THIRDS VOTE REQUIRED

16. HEARING TO CONSIDER RESOLUTION OF NECESSITY

A. Provide the owner of record, Randall H. Thomas and Randy’s Industrial Properties, or his representative(s), an opportunity to be heard regarding the proposed Resolution of Necessity described in (B); and

B. Consider adoption of a Resolution of Necessity by the Napa County Flood Control and Water Conservation District and to authorize the District’s legal counsel to commence eminent domain proceedings to acquire in fee simple certain property,

APN # 005-190-010, owned by Randy’s Industrial Properties, an Oregon limited liability company, and APN # 005-190-011 owned by Randall H. Thomas, contiguous parcels located at 477 Oil Company Road and a non-exclusive right of way for road purposes.

TWO-THIRDS VOTE REQUIRED

17. HEARING TO CONSIDER RESOLUTION OF NECESSITY

A. Provide the owner of record, Judith Griffin Edwards, Trustee, or her representative(s), an opportunity to be heard regarding the proposed Resolution of Necessity described in (B); and

B. Consider adoption of a Resolution of Necessity by the Napa County Flood Control and Water Conservation District and to authorize the District’s legal counsel to commence eminent domain proceedings to acquire in fee simple certain real property interests located at 415 Oil Company Road in the City of Napa (APN# 005-190-006) and appurtenant roadway and railroad easements.

TWO-THIRDS VOTE REQUIRED

REGULAR CALENDAR CONTINUED

18. HEARING TO CONSIDER RESOLUTION OF NECESSITY

A. Provide the owner of record, John Euser, or his representative(s), an opportunity to be heard regarding the proposed Resolution of Necessity described in (B); and

B. Consider adoption of a Resolution of Necessity by the Napa County Flood Control and Water Conservation District and to authorize the District’s legal counsel to commence eminent domain proceedings to acquire in fee simple certain real property interests located at 385 Oil Company Road in the City of Napa (APN# 005-190-008) and appurtenant easements.

TWO-THIRDS VOTE REQUIRED

19. HEARING TO CONSIDER RESOLUTION OF NECESSITY

A. Provide the owner of record, Allen J. Johnson, Trustee or his representative(s), an opportunity to be heard regarding the proposed Resolution of Necessity described in (B); and

B. Consider adoption of a Resolution of Necessity by the Napa County Flood Control and Water Conservation District and to authorize the District’s legal counsel to commence eminent domain proceedings to acquire in fee simple certain real property interests located at 100 Oil Company Road (APN# 005-190-007).

TWO-THIRDS VOTE REQUIRED

20. HEARING TO CONSIDER RESOLUTION OF NECESSITY

A. Provide the owners of record, Richard Newburn and Sheron Sponsler, formerly Newburn, or their representative(s), an opportunity to be heard regarding the proposed Resolution of Necessity described in (B); and

B. Consider adoption of a Resolution of Necessity by the Napa County Flood Control and Water Conservation District and to authorize the District’s legal counsel to commence eminent domain proceedings to acquire in fee simple certain real property interests located at 695 River Street in the City of Napa (APN# 006-223-001).

TWO-THIRDS VOTE REQUIRED

21. HEARING TO CONSIDER RESOLUTION OF NECESSITY

A. Provide the owner of record, Carl Schmitt, or his representative(s), an opportunity to be heard regarding the proposed Resolution of Necessity described in (B); and

B. Consider adoption of a Resolution of Necessity by the Napa County Flood Control and Water Conservation District and to authorize the District’s legal counsel to commence eminent domain proceedings to acquire in fee simple certain real property interests located at 319 River Street in the City of Napa (APN# 006-223-002).

TWO-THIRDS VOTE REQUIRED

REGULAR CALENDAR CONTINUED

22. HEARING TO CONSIDER RESOLUTION OF NECESSITY

A. Provide the owners of record, James and Victoria Asbury, Walter and Beverly Blackmon, and Robert and Donna Winchell or their representative(s), an opportunity to be heard regarding the proposed Resolution of Necessity described in (B); and

B. Consider adoption of a Resolution of Necessity by the Napa County Flood Control and Water Conservation District and to authorize the District’s legal counsel to commence eminent domain proceedings to acquire in fee simple certain real property interests located at 901 Eighth Streets and 995 Seventh Street in the City of Napa

(APN# 005-190-001 and 005-190-002; 006-221-005 and 006-221-006).

TWO-THIRDS VOTE REQUIRED

23. District Engineer to discuss and request direction concerning the possible undergrounding of electrical lines at the re-located ball fields in Kennedy Park:

A. Review the need for undergrounding of electrical lines at ball field construction site along with the additional cost to do the work.

B. Direct staff to either proceed with existing plans and specifications for overhead electrical lines or direct staff to proceed with amending current plans and specifications to provide for undergrounding of electrical lines and authorize the increased expenditure for this item in the amount of $85,000.00.

24. Consideration and recommended appointment of the following applicants for positions on the Technical Advisory Panel for a term expiring on January 1, 2004:

Category: Recommend Appointment:

Civil Engineering: Dennis Rinehart

Hydrology/Hydraulics: Bob Zlomke

Environmental Sciences/Natural Resource Management: Anthony Michael Norris

Urban Planning: Larry Dean Bahr

25. Discussion and possible direction to staff regarding the District’s role as the local sponsor of the Napa Valley Watershed Management Plan, authorized for 50% funding by the Army Corps of Engineers. (Director Slavens)

26. DISCUSSION OF ITEMS REMOVED FROM THE CONSENT CALENDAR

27. Directors’ Reports and Announcements.

28. Directors’ Future Agenda Items.

29. District Engineer’s Reports and Announcements.

ADJOURN TO NAPA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT SPECIAL MEETING, TUESDAY, JANUARY 23, 2001 AT 1:30 P.M.

TENTATIVE FUTURE BOARD SCHEDULE ISSUES HAVING LEGAL QUORUM REQUIREMENTS
January 23, 2001 (Four-Fifths Vote Needed) February 6, 2001 (Two-Thirds Vote Needed)	Ballfield Budget Adjustment Hearings of Necessity