October 24, 2000 BOS Agenda notes
by the Board Watcher

Please consult the BOS official agenda at the county web site:

http://www.sonoma-county.org/perl/frame.cgi

CONSENT CALENDAR SONOMA COUNTY WATER AGENCY

4. Russian River Watershed Selection Criteria
1) Approve criteria established by the RR Watershed Project Evaluation Team for evaluation and selection of restoration projects 2) Direct the team to issue invitations for proposals to interested agencies and organizations in Sonoma County 3) Direct General Manager/Chief Engineer to evaluate cost and process requirements to provide staff to assist with permitting and contracting support for selected projects

Background Notes from Staff Report:
Prior Actions: 07/25/00 - Concurrent resolution authorizing General Manager to 1) establish RR Watershed Project Evaluation Team 2) contract with the State Water Resources Control Board 3) establish project selection criteria 4) invite local agencies and organizations to submit applications 5) evaluate proposals and make recommendations for final selection to board

The Costa-Machado Water Act of 2000 (Prop 13) included $1 million for SC to help protect, restore and enhance the environmental and economic value of the RR Watershed within the county's boundaries. On 7/25 BOS authorized the GM to assist in the funds distribution to help restore salmonid habitat.

These are the team members: Bob Anderson, familiar with RR economic issues, assigned by Pat Wiggins Fred Euphrat, RR environmental issues, assigned by Pat Wiggins Rue Furch, person familiar with RR public, Pat Wiggins Bev Wasson, local agricultural community, Wiggins Lawrence Jaffe, Wiggins aide, Wiggins Bob Klamt, NCRWQCB, assigned by SCWA Bob Coey, CA Fish and Game, assigned by SCWA Bill Cox, Alternate, Fish and Game, assigned by SCWA Miles Croom, National Marine Fisheries Service, SCWA Sean White, fisheries biologist, SCWA, assigned by SCWA

Criteria required by language in Prop 13 *Project must protect, enhance and restore watershed to benefit salmonids *Located in RR Watershed *Must be located in Sonoma County

Criteria which will enhance likelihood of project being selected *Project uses other sources of funds, partnerships or resources * P. demonstrates a widely applicable approach to watershed restoration *Project is an "on the ground effort" and will provide lasting benefits *Project is ready to proceed *Project generates public awareness or educational opportunities *Project addresses root causes of watershed degradation

To comply w/ BOS schedule approved 7/25/00 it is proposed that the pre-proposal invitation letters be mailed to prospective applicants on 10/25/00. These must be received by the Team by 11/27/00. Team will notify applicants whose projects are selected for further consideration by 12/11/2000. These applicants will be asked to submit a more detailed workplan and application by 1/22/01. The Team will evaluate the full proposals, select a number of them for funding and bring recommendations before BOS before 2/26/01.

It has been proposed that the Agency provide staff assistance in the contracting and permitting processes to assist agencies and organizations whose projects are selected but lack the capacity to contract with the state or obtain all permits in compliance with CEQA. The GM will further evaluate the processes and return to the board for direction.

Board action is recommended 1) approving criteria est. by RR Watershed Project Team for evaluation and selection of projects, 2) directing the team to issue invitations for proposals to interested agencies and organizations in SC and 3) directing GM to evaluate cost and process requirements to provide staff to assist with permitting and contracting support for selected projects.

SPECIAL DISTRICT SONOMA VALLEY COUNTY SANITATION DISTRICT (3 members) 5. R1 Emergency Repair - Change Order No. 6 ($52,744.68 increase)

6. Extension of Local Emergency for R1 and R2

7. Emergency extension for main sewer trunk lines on Broadway N. and S. of Leveroni Road

GENERAL SERVICES 13. Shredding of Confidential Documents and Microfilm Purchasing Agent to execute agreement with Insta Shred Security Services, Inc. for the pickup, shredding and disposal of confidential documents and microfilm for various departments $36,100

Notes: Ensures highly sensitive and confidential matters to assure integrity of clients. 380,000 lbs. (?) done last year.

Actions setting hearings and bid openings:

32. Modify Use Permit Condition for Sears Point Raceway Setting Dec 12, 2000 at 2:45 as time and date for public hearing to modify one use permit condition to reduce number of off-site noise monitoring locations from 2 to 1.

Background: Condition VI.S requires the Raceway to implement a noise monitoring and reporting program no later that 1/1/01. The condition requires a total of 3 monitoring stations including 2 stations "at off-site locations near residential receptors." Raceway's negotiations with surrounding property owners have resulted in agreement to locate one off-site monitoring station. R. has been unable to reach agreement with adjacent owners on location of the second station that would provide meaningful data. The Raceway has requested a modification to the conditions of approval to reduce monitoring from 2 sites to one.

33. UPE 99-0117, McMinn-Balletto/Ad Hoc Committee for Clean Water Setting January 23, 2001 at 2:15 as the time and date for hearing of an appeal of a BZA decision to grant a use permit for a 150,000 case winery by Jim McMinn/John & Theresa Ballletto at 5700 Occidental Road, SR, Supervisor's District 5

Background:

On 9/14/00 BZA approved a use permit to convert an existing vegetable farm and processing facility into a winery producing 150,000 cases per year on a 300 acre property. Zoned LEA (Land Extensive Ag), B6, 60 acre density, SR (scenic resource), BR (Biotic Resource), F2 (Secondary Flood Plain)

On 9/26/00 an appeal of the decision was filed with BOS by the Ad Hoc Committee for Clean Water.

Some highlights of Ann Maurice's 9/24/00 Letter to BOS Regarding Laguna Oaks Vineyard and Winery Appeal of decision to approve project and Mitigated Negative Declaration

Paragraph 1) Initial Study/Checklist is inaccurate, internally contradictory, confusing and incomplete and presented with inadequate notice. Project should begin again with a project description, proper public notice and a thorough EIR.

2) A winery and bottling plant do not belong in the Laguna and any grapes grown on site should be grown toxic free and processed elsewhere.

3) In July the county distributed a notice that a permit was sought for a winery and that a permit would be granted without a public hearing.

4) ...the area, a valued aquifer, wetland, sensitive habitat and waterway declared "impaired" by the EPA - a lagoon whose restoration has become the object of millions of dollars for research, evaluation and "restoration."

5) We were granted a hearing but were never notified of the hearing or of the filing of a negative declaration or that the CEQA process had begun. According to the county, the notice was only posted on poles adjacent to the Occidental Rd property. Nothing was filed with the county clerk or in the newspaper. Applicant says grapes will be trucked in from elsewhere for processing violating Policy AR-5f, storage of ag products grown on site.

Revised Wastewater Disposal Plan was not submitted to the County. We obtained the revised document from NCRWQCB and found that aeration ponds would have to be constructed. These need grading which was ignored on the checklist.

The WDP also states that chemicals will be added to treatment. Nothing is said that they would be removed from the wastewater before disposal via overhead sprinklers on site.

Other objections include frost protection times, dry season irrigation, hazardous chemicals, SR sub-regional treated wastewater and many more.

Attachment 1 is a letter from the Law Offices of Thomas N. Lippe, San Francisco regarding his support of the appeal. He states that environmental review is required in the earliest stage of the planning process. Failure of notice. The Laguna de Santa Rosa is classified as an "impaired" waterbody. BZA approval is inconsistent with the General Plan because it fails to protect biotic and scenic resources. And the project is detrimental to the health, safety, peace, comfort or general welfare of persons residing or working in the neighborhood or to the general welfare of the area.

__________ conclusion of a very brief summary

REGULAR CALENDAR PRMD 36. District Formation Loan to Monte Rio Sewer Service Project and Selection of Design Consultant Appropriation transfer of $143,442 to District Formation Fund for project Selection of Questa Engineering as design consultant; chair to sign contract

38. Williams Communications Encroachment Permit Fiber cable from the coast to Sacramento

Information was not available Friday at 4:45.

COUNTY ADMINISTRATOR/AUDITOR/TREASURER/COUNTY COUNSEL

39. Limited Sale of Tobacco Settlement Revenues

Notes: Results of Non-Approval: County would not receive $57,000,000 in immediate cash proceeds.

Tobacco Settlement Revenues (TSRs) resulting from participating in a lawsuit against tobacco companies...reimburse states and participating counties for billions of public tax dollars diverted from other programs to pay for tobacco-related health care expenses.

Deputy CAO, County Counsel, Auditor-Controller and Treasurer-Tax Collector have recommended an approach called securitization whereby the county makes a "true sale" of its right to the TSR stream for a specified period of time in exchange for an up-front, lump sum cash payment. The purchaser of the TSRs would be a new financing vehicle that would issue revenue bonds against the TSRs to finance its purchase from the county.

[BW Comment: There are nine single-spaced pages explaining this transaction. The information is located in the Regular Calendar Notebook behind Item 39 for October 24, 2000. These pages will probably not be available after Tuesday.]

AGENDA ADDENDUM OFFICE OF COMMISSIONS 34A. Emergency Shelter Rental Agreement Authorize Chair to execute required State License No. 00-020 for SC jointly with SR Housing Authority to enable InterFaith Shelter Network to operate its emergency shelter program at SR Armory as of 10/28/00

And execute separate agreement between County, InterFaith Shelter Network and SR Housing Authority outlining terms for equal reimbursement of EHAP VIII funds, subject to approval by County Counsel.

Afternoon Session:

2:15 Hearing: To consider an appeal by James Hummer of a Planning Commission decision to deny a Design Review approval for a request for a 5,200 sq. ft. office/metal shop for Lorenzo Designs Env. Doc.: Negative Declaration Location: 280 Castro Court, SR Supervisorial District 3

BOS makes the following findings: 1. The 22' wide access road is inadequate 2. No sufficient on site turn around 3. After testimony from three noise consultants, impact was unclear 4. Construction of the 7,056 sq. ft. building could jeopardize the adjacent trailer park which provides affordable housing 5. The building size and the shape of the parcel will result in over development of the site.

Therefore, BOS denies the appeal.

___________________End Agenda Notes