March 20, 2001 BOS Agenda
Notes by the Board Watcher

[Use link at left for official agenda.]

2. No additional environmental document needed for Kawana Springs Pipeline East
19. Minute Order leading to possible implementation of Super Williamson Act.
24. Petaluma Aqueduct Problems
25. Forestville CSD's Advanced Wastewater Funding Agreements
26. Housing Element Update

CLOSED SESSION:
3. Conference with legal counsel - existing litigation: County of Sonoma v. Rabbit Ridge Wine Sales, Inc. [There is also an afternoon hearing regarding the use permit.]

4. The Board of Directors of SC Water Agency will consider Conference with legal counsel - anticipated litigation Significant exposure to litigation pursuant to subdivision (b) of 54956.9, Govt. Code: February 22, 2001 Claim of Andrew Packard
[Petaluma citizens complaint of BOS Brown Act violations]

5. There are three real property negotiations concerning Petaluma. [Please see agenda for details.]

CONSENT CALENDAR
WATER AGENCY
2. Kawana Springs Pipeline East - Advertise for Bids on 4/19/01 at 10 AM
Resolution determining that a subsequent or supplemental Negative Declaration or other environmental document is not required

[BW Note: Is #2 above another way to go around CEQA?]

3.Urban Water Management Plan 2000
Tuesday, April 17, 2001 at 10 AM is the date and time set for a public hearing on the plan.

BOARD OF SUPERVISORS CONSENT CALENDAR
19. Minute Order directing the County Administrator's office to research the option of the Super Williamson Act program and bring a report back to the Board of Supervisors within 60 days to consider implementation.

[There are no notes on this item. Here is a web site that will lead you to the Government Code which may explain the two.

http://www.leginfo.ca.gov.80/calaw.html

Williamson Act: Government Code 51200-51295 Super Williamson Act: Government Code 51296-51297

AG PRESERVATION AND OPEN SPACE DISTRICT
23. Acquisition of Fee Title to the Ho Property Applicable Policies: Give priority to land acquisitions in greenbelts that preserve community identity.Work with small ag operators to lease or buy back properties conserved for the growing and marketing of locally grown crops: 5974 Petaluma Hill Road [Sonoma Mountain Focus Area; Open Space for the Petaluma Hill Road Scenic Corridor; provide incentives for long-term ag use] 30.1 acre parcel, $560,000

SONOMA COUNTY WATER AGENCY
24. Operational Risks with the Petaluma Aqueduct Resolution
1) directing Water Agency Chief Randy Poole to notify the Dept. of Health Services and elected officials of the Petaluma Aqueduct water customers of risks associated with operation of the Petaluma Aqueduct;
2) directing Mr. Poole to work with the Petaluma Aqueduct water customers to identify various measures to reduce demands on the Petaluma Aqueduct; and
3) directing Chief Randy Poole to report back to the board in early summer 2001 regarding the status of the Petaluma Aqueduct and operating conditions to determine a need to declare Stage II or higher (mandatory) conservation efforts. Held over from 3/6/01)

SONOMA COUNTY WATER AGENCY/FORESTVILLE
COUNTY SANITATION DISTRICT
25. Forestville Advanced Wastewater Treatment Upgrade Project Funding Agreements
Concurrent resolution approving and authorizing BOS/Chair, Directors of the Water Agency on behalf of the Forestville County Sanitation District to

  1. execute Amendment No.1 to Agreement regarding the ownership, construction, operation, and maintenance of the Regional Facility Project;
  2. execute Grant of Option to Purchase Recycled Water Treated by the Forestville CSD Wastewater Treatment Facilities;
  3. execute Agreement to Provide Funding to Forestville Water District for Participation in the Forestville County Sanitation District Advanced Wastewater Treatment Upgrade Project;
  4. execute Cooperative Agreement between Forestville County Sanitation District and Forestville Water District for Advanced Wastewater Treatment Upgrade Project;
  5. defer repayment of the loan and waive interest payments until project completion; and
  6. maintain the Recycled Water Fund as an enterprise fund for the purpose of putting recycled water to beneficial use for the following:

BACKGROUND:
The North Coast Water Quality Control Board requires Forestville CSD to upgrade its treatment level to tertiary standards which will enable it to provide recycled water for ag and urban reuse to offset potable water demand. The current pipeline from Graton must be purchased by Forestville to allow transport of recycled water to the storage pond at Iron Horse Vineyards.

Total Costs Expended to Date:
District: 42.51%
Zone: 57.49%

The District currently owns 42.51% or 3968.15 linear feet of the pipeline which is not enough to transport the recycled water to the point where it would connect to a recycled water pipeline running to the Iron Horse storage pond. The District will require the use of 1,098.68 additional linear feet to Ross Branch Road, the intersection of pipelines.

Desired Percentage Ownership
District: 54.28%
Zone: 45.72%

At a cost of $395.95 per linear foot, the result would be $435,022 being paid to the Zone.

In fiscal year 96/97 the Agency's General Fund loaned $180,000 to the Zone to pay for construction cost overruns. It is suggested that $180,000 be used to repay the Agency's General Fund.

It is also proposed that the existing agreement be amended to show change of ownership. The effective date of ownership change would be the date of filing the notice of completion for the AWT Project.

It is proposed that the Agency provide $435,022 funding to the District from the Recycled Water Fund for 1098.68 feet of the Pipeline from the Zone. In exchange the District will provide the Agency with an option to purchase rights to about 110 acre feet annually of tertiary-treated water in perpetuity to promote recycled water use and offsetting potable water use. Upon exercise of the option, the District will commit all recycled water to the Agency, above and beyond any recycled water already committed to recycled water users to offset potable water use within the Forestville service area.

District will agree to treat Zone's secondary-treated or untreated wastewater if District has capacity and Zone pays O&M cost for treatment works operation and disposal/discharge elements, the capital charge cost and a $10 per acre foot fee to the fund. All water from the Zone treated by the District after the exercise of the option will become property of the Agency pursuant to Section 1210 of the Water Code.

[BW Note: There are 4 more pages including the resolution and the Recycled Water Program Diagram. Anyone interested should definitely get copies from the BOS/CAO office + the 4 agreements/contracts among the Water Agency, Forestville CSD, Forestville Water District, Graton SZ, etc. THESE ARE ON FILE WITH THE CLERK OF THE BOARD. This looks like the need to hire a lawyer to read the contracts. Finally, the resolution, written by the Water Agency, will surely be passed by BOS/ Directors because non-approval would result in the loss of USDA funding. Contact Randy Poole at 526-5370 or Supervisor Reilly if you have questions.]

PRMD
26. 2001 Housing Element Update
(Held from 3/13/01)
$57,500 budgeted for this update by Economic and Planning Systems. It is part of the amount ($400,000) budgeted for the General Plan Update.

Background: On Dec 14, 2000, the Superior Court granted a peremptory Writ of Mandate finding that the Housing Element of the General Plan is deficient in certain areas. Imposed was an Aug 7, 2001 deadline for completion of an updated Housing Element and a moratorium on zone changes and subdivisions affecting more than one acre in the county's urban service areas.

Work on the update began in December 2000 with the help of Walter Kiesser, Principal, Economic and Planning Systems, Inc. (EPS). He prepared technical memoranda. The work also includes a Housing Strategy Report, the Draft Housing Element and attendance at all meetings and hearings. $57,500 covers these + a 15% add-on for contingencies. The total consultant cost of the update is $82,500. The proposed work program highlights follow. Please get the entire packet for all the info.

Housing Element Update Highlights:

*Step 1 is to formulate a "housing strategy."

*Its purpose is to engage interest groups, regulators (HCD), affected agencies, and policy makers to define overall direction for the Draft Housing Element.

*The Draft will reflect State (HCD) statutory requirements, technical work from Phase 1 and the housing strategy. It will be completed by early April.

*Effectiveness and impacts of affordable housing production programs from other areas of California:

-use of redevelopment set-asides, inter-governmental funding,
and number of units produced through these sources.

-new funding sources: intergovernmental funding, inclusionary
zoning in-lieu fees, linkage fees, etc.

-Regulatory issues: inclusionary zoning policies, zoning bulk
and design criteria, impact fees, etc.

-Participation opportunities: public, non-profit, private sector
interventions to reduce production costs for developers or acquisition costs for consumers

*The housing policy outline and program elements will be summarized in a Technical Memo (#6) and presented in a series of workshops and discussion groups to solicit opinion, preferences, and guidance. (2 weeks allowed for review and comment) These will be presented to policy makers for review and guidance. Then the guidance will be integrated into the Draft Housing Element.

*The Draft will be expected to change as it undergoes review by interest groups, HCD, and policy makers during April, May, June and July.

*During review there will be scheduled working meetings, presentations, and hearings.

HUMAN RESOURCES
27. Employee Suggestion Award of $235 to Clifford Roy Caporale for his suggestion to place an informational notice to firewood buyers in the PD classified ads section.

With the DA's assistance, buyers were notified of sales receipt requirements, the measurement of a cord of wood and the telephone number of the Weights and Measures Division. Complaints have decreased 50%.

AFTERNOON HEARING:
2:15: A continued hearing to consider revoking or modifying the use permit for Rabbit Ridge Winery
Env. Doc: Mitigated Negative Declaration Location: 3291 Westside Road, Healdsburg Supervisorial District 4
Continued from 3/6/01

Resolution says:
The owner failed to remove the unpermitted buildings nor did he obtain fire marshal clearance, failed to complete the wastewater discharge permit application to the WQCB, failed to submit an acceptable well test, did not demonstrate adequate on-site water supply for potable and fire protection uses; these may be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood or to the general welfare of the area; and directed the PRMD director to prepare the necessary documents for use permit revocation or modification; and the board conducted a duly noticed public hearing, heard and received all oral and written testimony and evidence made, presented, filed and all persons present were given an opportunity to hear and be heard and in light of the evidence and argument; the board finds the owner/applicant has failed to comply with the use permit in that he has not removed the 6 unpermitted buildings and the unpermitted building addition nor have the two illegally converted buildings been restored to their permitted use as required by the use permit. And on and on and on.

...the Board hereby revokes Use Permit 91-790.

_________________end agenda notes