AGENDA
NAPA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
TUESDAY		DECEMBER 5, 2000	1:30 P.M.

Brad Wagenknecht District 1	Mark Luce District 2	Mel Varrelman District 3	Kathryn Winter 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. 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.

4. 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.

5. District Engineer requests approval of and authorization for Chairman to sign an agreement with the firm of Moore, Iacofano, Goltzman, Inc. (MIG) for a maximum of $137,500 for the services of David G. Dickson for the term January 1, 2001 through June 30, 2003.

6. District Engineer requests approval of and authorization for Chairman to sign Amendment No. 2 to Agreement No. 65 (FC) with Arlene Corsello, extending the term to May 31, 2001, modifying scope of services and hourly compensation for a new maximum of $27,400, for certain specialized services in support of the Flood Control Project.

7. District Engineer requests approval of and authorization for Chairman, or in his absence the Vice-Chairman, to sign a Leasehold Termination Agreement and other related documents for property located at 301 River St. Unit 11, Napa, CA. 94559 (Assessor's Parcel No. 006-223-003) including fixtures and equipment with Geis Alvarado dba Alvarado & Associates for $1,165, and accepting the Quitclaim Deed dated November 10, 2000.

8. District Engineer requests approval of and authorization for Chairman, or in his absence the Vice-Chairman, to sign a Leasehold Termination Agreement and other related documents with Aaron Haynes, dba Aaron’s Signs and Windows, for property located at 901 Eighth Street, Napa, CA. 94559 (Assessor's Parcel No. 006-221-004) including fixtures and equipment, for $7,190, and accepting the Quitclaim Deed dated November 8, 2000.

9. District Engineer requests approval of and authorization for Chairman, or in his absence the Vice-Chairman, to sign the Napa County Flood Control and Water Conservation District/Napa Sanitation District Joint Agreement with Ashley, Chapman & Devoe of Hayward, California, for an appraisal of Napa Sanitation District Assessor's Parcel Nos. 005-180-007 and 005-171-013 located at 950 Imola Avenue in the City of Napa.

10. Approve minutes of Napa County Flood Control and Water Conservation District meetings of November 7 and 21, 2000.

REGULAR CALENDAR

11. 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 (Assessor's Parcel Nos. 006-191-006 and 006-191-007) currently housing two tenants -- the Riverfront Antique Center, and the Silk Plant Warehouse.

TWO-THIRDS VOTE REQUIRED

12. District Engineer requests approval of and authorization for the Chairman to sign a modified Amendment No. 21 to Contract No. 872 (FC) with the State of California, Department of Water Resources and approval of Budget Transfer No. 35 increasing the Kern County Water appropriation (BU 6010) by $596,375, with offsetting revenue from District members.

13. District Engineer requests discussion and possible action canceling the Board’s Regular Meetings on January 2 and 16, 2001, and scheduling Special Meetings for January 9 and 23, 2001 instead.

14. DISCUSSION OF ITEMS REMOVED FROM THE CONSENT CALENDAR.

15. Directors’ Reports and Announcements.

16. Directors’ Future Agenda Items.

17. District Engineer’s Reports and Announcements.

REGULAR CALENDAR - Continued

18. 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

ADJOURN TO NAPA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT SPECIAL MEETING, TUESDAY, JANUARY 9, 2001 AT 1:30 P.M. (IF APPROVED BY THE BOARD).

TENTATIVE FUTURE BOARD SCHEDULE ISSUES HAVING LEGAL QUORUM REQUIREMENTS
January 09, 2001 (If approved by the Board)	Hearings of Necessity