December 12. 2000 BOS Meeting Chairman Reilly called the meeting to order at 8:30. All
members Supervisors Cale, Kerns, Reilly, Smith and Kelley
were present. COMMUNITY DEVELOPMENT COMMISSION 1. Redevelopment Agency's Annual Audit Board accepts Annual Report and Audit and authorizes the
commission's executive director to submit them to the
State-Audit Controller for the Community Development
Commission and the Board of Supervisors. VOTE: 5-0 SONOMA VALLEY COUNTY SANITATION DISTRICT (3 MEMBERS)
ITEMS 2, 3, 4: Extending local emergencies (Mayor Barnett
absent) VOTE: 2-0-1 Chair: That brings us to the BOARD CONSENT CALENDAR.
We'll carry Item 23 [State COPS Funding] over to the
REGULAR CALENDAR. Item 25A [Award contract for construction to low
bidder, Bauman Landscape, Inc. $791,266.75] has been
added to CONSENT. Chair: Supervisor Kelley, No on Number 6? [Vote to
extend local emergency to permit clean needle
exchange] Quick comment on Item 17: [Resolution authorizing an
appropriation transfer of $15,000 for the US Treasury Asset
Forfeiture Funds to be used to support Law Enforcement
Chaplaincy Services for the Sheriff's Department] 4/5th
vote Supervisor Kelley spoke in favor of the Chaplaincy
Services. It has been helpful to victims' families but also
to those in law enforcement. Chairman Reilly: Any more comments on Consent? If not,
record 4-1 on Item 6 and 5-0 on the balance of the consent
calendar. On Item Number 18, we did adopt some recognition
for Sonoma Green Business. Sylvia Balcarro [phonetic
spelling], want to come forward? Sylvia __?__, Emergency Services: Today, we have
certificates to present to wineries which have achieved
Sonoma Green Business certification. That brings us to a
total of 33 wineries. These certificates recognize the
wineries for outstanding efforts to comply with federal,
state and local regulations. This program was one of two
local programs invited to participate in the National
Environmental Innovations Symposium sponsored by the Council
for Excellence in Government, USEPA, and the environmental
council of the state. This program was selected due to our innovativeness in
our permit process, our multi-media approach to permits, and
our success in establishing positive effective relationships
with our __?__ community and other regulatory agencies. If
there are no questions, I will announce the winners. Supervisorial District Number 1: Eric Colehaus and Mark
Chapman are here from Glen Ellen Carneros. Supervisor Cale: Thank you, Mr. Chairman: It will be a
pleasure to present this to another one of those nasty
agriculturists who try to destroy the environment. It's a
pleasure to recognize anyone for their desire to protect the
environment. Thank you Photo with Supervisor Cale. Supervisorial District Number 4: Melanie ___ is here from
Clos du Bois Winery. Sylvia: She's late getting here. We'll try again after
the other two. Everett Ridge Winery, George Trowbridge and
Jack Erick. Photo with Paul Kelley. Sylvia: Supervisorial District Number 5, Iron Horse Ranch
Winery, David ___. [Not present] Try Melanie ___ one
more time. 26. Acquisition of Conservation and Trail Easements over
the Glen Oaks Property from Joan Cochran for $1,500,000.
Slide presentation David Katz, Sonoma Land Trust: We are specifically
recognizing Joan Cochran for restoring the property. The
first vineyard in Valley of the Moon has been replanted. She
has recreated the historical configuration of the ranch. VOTE: 5-0 27. Staff: Approving the purchase of the Solak property
$165,000 for .6 acres Unimproved. It's an ideal trailhead
area for the West County Trail. The property owner needs to
close by December 29th. Chairman Reilly: This is an important acquisition. It's
going to provide a strategic trailhead for the West County
Trail. That dream is to go all the way from Railroad Square
in Santa Rosa to Steelhead Beach in Forestville. We're
getting very close to having that completed so it's exciting
to have this before us. Supervisor Kerns: What is the status of obtaining that
easement across the Madrona property? Phillip Sales, Park Planning: The owner is looking at
that. It won't impact any of his future development plans.
There is a pedestrian crosswalk in downtown Forestville,
then up to Mirabel Road where there would be improved
shoulders eventually for bikes and pedestrians. Supervisor Kelley: I noticed that Solak is zoned M1. What
are the other zonings? Chair: Madrona, Rick's Garage, and Batchelder. Rick's
Garage provides a scenic backdrop for this property.
[lots of laughs] Staff: I believe the others are the same. Supervisor Kelley: Have we ever purchased an industrial
zone property before? Andrea Mackenzie: This was a priority for Plan 2000 to
purchase an industrial zoned property for a recreational
use. [more laughs] We are starting to see
opportunities occur, Director Kelley, in unlikely places.
This was an alternative to a trail alignment on an adjacent
property. After several years of negotiations that didn't
prove fruitful. This property provided an ideal staging
area. Supervisor Kelley: I appreciate the humor. Enhancing the
West County Trail is something we need to consider. I guess
I am a little leery in purchasing commercially zoned parcels
regardless of what their future use is. Supervisor Smith: I understand there was some concern
about wetlands and whether they are present on the site. Are
we comfortable that there are no existing wetlands on that
site? Staff: We did address that question. We have no direct
evidence of wetlands on the property. Supervisor Smith: My question concerns appraisal. I see
no evidence in the property report about wetlands. I have
concern about the cost in terms of development. Phillip Sales: We can't say whether or not there are
wetlands at this point. We've not conducted a survey out
there. There are some willows on the property. The property
is impacted by drainage that comes down First Street from
116. There is a county drainage easement. We put culverts
for conducting that water down to Atascadero Creek. We
believe whatever is on the site is probably mitigatable at
this time. Supervisor Smith: How did the appraiser approach that? It
seems to me that there would be a significant difference in
value. I don't want us to get in a position of buying first
and asking second. What was the vote of the authority? Andrea Mackenzie: 3-2 with Directors Cooke and Kopolchek
dissenting with some concern about the value given the
wetlands. Supervisor Smith: Was the last potential buyer also
concerned about wetlands? Andrea Mackenzie: No, there was concern about the
easements. Supervisor Smith: Have we run those easements through
county counsel to make sure that those easements don't
encumber it to the extent that we can't develop it? Staff: Yes, we have discussed this with our counsel.
There are three easements for access at the northerly tip of
the property for three adjacent property users. The other
easements are held by the county. They won't materially
affect the property. Supervisor Smith: More information might be of assistance
at this point. Chair: Are we looking at a yes or no thing here? I would
like to ask Open Space staff to work with Supervisor Smith's
office and put this back on the agenda for next week. Supervisor Cale: It's physically impossible to answer
that question on the wetlands and the biotic species
associated with wetlands until February, March and April.
It's physically impossible to resolve that issue. Supervisor Smith: Maybe we can hold this until 2, and I
would ask Mr. Sales to come in and explain some of these
questions. [BW: The questions were answered during the recess.
Supervisor Smith saw the file and agreed to approve this
purchase. At the afternoon session the board approved Item
27, the purchase of the Solak property.VOTE: 5-0] COUNTY ADMINISTRATOR 23. State COPS funding: approve transfer of prior years'
COPS funds of $128,031 for the Sheriff and DA VOTE: 5-0 REGULAR CALENDAR HUMAN RESOURCES 28. Recognizing 33 outstanding volunteers of 2000 [The room was packed for this yearly event. Everyone
was in a gala mood. Refreshments and a reception followed
the presentations. Volunteers' friends and family and
department staff members were present. Many were standing.
These volunteers, 33 out of nearly 2000, were chosen by
their departments as outstanding giving invaluable
contributions.] Dawn __?_ presented the awards: a poinsettia and a
certificate. *Patty Malnick, Ag Commissioner's Office,
canine behaviorist. She supervises the testing of dogs'
temperaments and the dog walking program in the animal
shelters. *June Lewek, law librarian for county counsel. She has
maintained county counsel's law library for 15 years. Before
that she was the county's law librarian for many years. *James M. Barrett is a settlement conference pro tem
judge in the courts' civil division. He has volunteered for
many years. *Cindia Martinez has been a court-appointed special
advocate in juvenile court. She has been a mentor for
neglected and abused children. She has given 1400 hours to
three teen-aged girls. She is a model child advocate and
works for the county as a probation officer. *Tina Davalos is a temporary restraining order clinic
aide with the YWCA. She specializes in helping
Spanish-speaking clients and has given over 280 hours in 4
months and has really increased the number of Hispanic
participants in the TRO clinic. *Eric Freborg was an intern with the Investigations
Division of the District Attorney's office. He worked over
the summer. In addition to his investigations, he put
together a very successful core county training. * Pasty Stratton, was a Film Office assistant at the
Economic Development Board. She wrote press releases,
newletters, assisted with research, and anything else to
pamper the staff. *Raul Taibo, worked in the ACS Assistant Radio Office for
Emergency Services Department. He did the design and layout
for the ACS web site. It is considered the most
comprehensive in the state. *John Anderson served in the hazardous materials division
in the Emergency Services Department. He's been available to
respond to HAZMAT emergencies at any time of the day or
night. He has extensive training and is able to do about
everything. He's been with the unit for 6 years. *Steve Boggeri is a hazardous materials specialist in the
Emergency Services Department. He's been with the team from
its beginning in 1994. *Barbara Gassaway is a detox aide in the Health Services
Department, AODS [Alcohol and Other Drugs] Division
at Orenda Center. She has worked one day a week since 1993
putting in over 800 hours. *Betty Flanagan is here for the second time as an
outstanding volunteer. She is a mental health advocate in
the Adult Services Unit. She spends 8 to 10 hours a week
giving support to adults with chronic mental illness. She's
currently on call to four clients 24 hours a day, 7 days a
week. She's been doing this since 1993. *Dorothy Vyenielo is a senior peer counselor in the Older
Adult Services of the Health Services Department. She often
goes to clients' homes to help out. She is optimistic and
energetic and has been with the program 3 years. *Cathy Wall is a HIV Helpline counselor in Health
Services. She takes incoming calls from the public answering
questions and scheduling HIV testing. She works on Thursday
afternoons in the HIV Unit and has been there since 1996 -
after teaching all day. *Jonathon Akre is a lab aide intern and is known for his
environmental analysis in the TIP program of the Public
Health Division of the Health Services Department. He is
entirely reliable in providing Lyme Disease testing for our
community. *Patsy Stratton has served on our County Reporter
editorial board. She researches and writes articles of
interest to county employees. *Nancy Lisk is an informational and referral specialist
in Human Services. She works over the phone and in person
with clients and family members solving problems, providing
options and making referrals. She goes above and beyond; for
example, getting a tire donated for a homeless person's car,
obtaining work boots for someone starting a new job, and
providing fresh fruits and vegetables for a person with
cancer. *Greg Jones has been a mentor in our Joblink and SAY
Mentor programs. He works with youth to make them feel
supported and special. He encourages his friends and fellow
workers to volunteer and got a special contribution from
State Farm for the program. *Redwood Empire Chapter Harley Owners' Group represented
by Mel Delgado and Mike Lumas. They have been supporters of
Valley of the Moon Children's Home. For the past 6 years the
group has come to the home at Easter and Christmas with toys
and treats and goodwill. They even let the children sit on
their bikes. That's in addition to having raised $94,000 for
the Childrens' Home. *Merrie Krisl has been a library coordinator in Juvenile
Hall and the Probation Department. She has designed and
implemented a book library cart working with teachers and
staff to obtain thousands of appropriate books, getting
donations, going to book sales, or purchasing them herself.
She also reads and catalogs every book and furnishes a
review for the kids. She takes requests and instills her
love of books in Youth at Risk. *Christopher Weaver has been an intern in the Juvenile
Division of the Probation Department. He has assisted field
supervision deputies, scheduled appointments, filed
documents, and did everything that a deputy probation
officer does and did it so well that he was hired by the
county and continues to help by recruiting more interns from
Sonoma State where he came from. *Wally Schilpp is a mentor at Sierra Youth Center in the
Probation Department. Since February of 1999, Wally has
given over 800 hours to 5 boys who are doing extraordinarily
well. *Tom Powell is a trailwalker at Foothill and Shiloh
Parks. He has logged many hours walking or running. He has
picked up liter, educated visitors, marked trail hazards,
reported in regularly. He has spent hours mapping the
mileage of the trails that crisscross both these parks. He
has constructed a geological exhibit. *Carol Bogert is a trail maintenance volunteer
coordinator for the North Coast Division. She drove down
here from Sea Ranch. She helps maintain the 3-mile public
section through Sea Ranch. She recruits other Sea Ranch
homeowners for workdays. She keeps the trail in good shape
and works to promote a good working relationship between the
park and Sea Ranch Owners Association. *Valerie Waddingham is a dog park volunteer for the
Elizabeth Ann Peron Dog Park of Sonoma Valley. She's been
assisting with the maintenance and running of the dog park.
She picks up after the dogs, stocks bag holders and educates
visitors on the rules of the park as well as helping with
the fundraiser. She's always recruiting new volunteers and
even her husband has been brought in. *Bud Simmons and Verl Gale together have served as gate
opener for Spring Lake Park in the Sonoma Valley Division of
Regional Parks. One or the other has opened the gates every
morning bright and early, rain or sunny, holiday, every day
reliably, making the park acceptable to the public for 5
years. Bud has also repaired park fences keeping the stone
edge access gate in great shape. *Sara Dickenson has been an intern for the Domestic
Violence/ Sexual Assault Unit of the Sheriff's Department.
She has been tracking sexual offenders living in the
unincorporated areas of Sonoma County to determine their
compliance with registration requirements. She documents
this information has made suggestions for improvement. Most
of them have been implemented. *Mike Voorhees has been volunteering for 25 years in the
Sheriff's Department Reserves. He coordinates the other
volunteers. He's worked his way up to captain. He's put in
13,135 volunteer hours in patrol as well as managing the
volunteer program. This is our most long-term
commitment. *Joe Fong has been a reserve sergeant for over 17 years.
He provides one full shift a week for the patrol division
working solo and coordinating reserves and Explorers at
special events during the year. *Dianna Schaan is a Search and Rescue volunteer, a
bloodhound handler. She assists in searching for overdue and
lost persons, one of two handlers in the unit. She's on call
to provide 24-hour assistance to the unit as well as to any
law enforcement unit in Sonoma Count that requests mutual
aid. Dianna spends many additional hours a month in
continuing educational training at her own expense to keep
her dog and her abilities in top shape. *John and Jan Silva are 4-H Project Leaders in the UC
Cooperative Extension. They have been reorganizing and
upgrading leadership projects. They've been working with the
junior leaders, the teen leaders, the young people who
become teachers and mentors to younger 4-H members. They
also coordinate the domestic exchange program and run the
Sebastopol Senior Center. *Linda Peterson has been a master gardener since 1994.
She's on the Board of Directors tackling everything from the
information hotline to the training program to the compost
project to the farmers' market, the fairs, workshops and
exhibits. The tightly bonded Master Gardeners are a model
for other groups.In September she organized a well attended
seminar on winter gardening and putting the garden to bed
for the winter. She's also been instrumental in establishing
a community garden in Badger Park in Healdsburg which will
include a Master Gardener Demonstration Plot. Dawn: I hope you agree with me this is really an
extraordinary group of people. I ask you to join us in the
hall for a reception in their honor. I believe the *Windsor
Times* would like the Windsor and Healdsburg people to stay
on the stage for a special picture. Chair: And one of the reasons we have such outstanding
volunteers is because we have such an outstanding volunteer
coordinator. ____________Break for the Reception *B&B Hearing Near End of Notes December 12. 2000 BOS Meeting Notes, Part II [After the reception for the volunteers:] Emergency Services awards Green Businesses WINERIES Sylvia: Thank you very much for letting us continue with
this. Melanie, from Clos du Bois Winery, could you come up
here? The photographer is somewhere... From the audience: The sheriff's gone to find him. [The photographer returned to take the
photo.] Chair: Let's have a hand for the sheriff. Sylvia: And we have Derrick Trowbridge and Jack from
Everett Ridge Winery. Photo with Supervisor Kelley COMMUNITY DEVELOPMENT COMMISSION 29. HUD Consolidated Plan Projects 2001-02 Approve
project submittals by Transportation and Public Works,
General Services, Regional Parks, Emergency Services, PRMD,
Water Agency and Community Development Commission for
consideration during the Consolidated Plan funding
process. Staff Report: Unincorporated Area Public Improvements
Projects: Only the first 4 of the 11 were approved due to a
shortage of funding: 1) Willow Road Storm Drain (Public Works) $130,000 Lower
Canyon Three Road in Rio Nido; 2) West Avenue Sidewalks, from Hearn Avenue to Sheppard
Elementary School, Public Works, $120,000 to fill in the
gaps; 3) Cloverdale Veterans Memorial Building ADA Renovations,
General Services: to provide access requirements of the
Americans with Disabilities Act. This will correct access,
public restrooms, modifying interior doors, modifying or
replacing drinking fountains, interior partitions, public
phones and ADA compliant signage, ADA improvements in the
public swimming areas, lead paint abatement. $79,210; 4) Doran Park Tent Campground ADA Renovations, (Regional
Parks), $55,000. Renovations to restroom/shower building,
new doors and partitions, plumbing fixtures, accessible
parking, signs, paths of travel, raised boardwalk,
accessible drinking fountains, hose bibs, fire rings, and
tables; provide boardwalks to the family and group camp
sites. $55,000. Staff: Housing rehabilitation projects that don't get
immediate funding will be designated as contingency projects
funded on an as needed basis as incoming funds are received.
Additionally, there is the following: Public Service Projects: $50,000 request to fund Project
Hero, a Family Self-Sufficiency Program. The Housing
Authority would work with 100 Section 8 tenant families
during 01-02 to help them become independent of public
assistance. Since 1993 Project Hero has provided assistance
to 217 families. To date 39 families are no longer receiving
any type of public assistance. Chair: Board questions or comments? Public comments?
Record a 5-0. CRIMINAL JUSTICE SYSTEM SERVICES DISTRICT ATTORNEY 30. Authorize participation in High Tech Crime Task Force
Resolution authorizing participation Resolution appropriating revenue to be received from
High Tech Crime grant (4/5ths vote required) Resolution
allocating two new positions District Attorney Mike Mullins reported: The criminals
are using computers. Sonoma, Napa, Solano, Contra Costa and
Marin Counties are getting a grant to form a High Tech Task
Force. There is a wide variety of crimes including homicide.
The task force has been awarded another $400,000 for 2001.
We're sure there will be additional funding for 2002. We are
the North Bay Task Force in addition to the Sacramento TF,
the Los Angeles TF, the San Diego TF, and Santa Clara
County. The Department of Justice will provide an
investigator to each of the task forces. Currently the Novato Police Department provides a
sergeant investigator. Each county will provide an
investigator. Headquarters is at Hamilton AFB. Space is rent
free. I am requesting to use two legal assistants instead of
one investigator. Supervisor Kerns: The complexity of these crimes is
almost overwhelming. I certainly appreciate the
multi-jurisdictional approach. Generally these people are
all over the place. They can be everywhere in the country
and even internationally. Chairman Reilly: I'm sure you'll be back next week for
the balance of the funds. Record a 5-0 on all three
resolutions. That concludes the board's morning session. 10
AM. We'll be recessing into Closed Session. Item 3 will be
held. Item 3. Anticipated Initiation of litigation pursuant
to Government Code, Section 54956.9(c): Stony Point Rock
Quarry Items 6 and 7 on the Addendum have been added: Item 6:
Anticipated Litigation Government Code Section 54956.9 (b)
Item 7. Property Negotiations: Beluzzo Fields, S. Moorland
Ave, SR Recessed at 10 AM. Return at 2 PM. Afternoon Session: Report from Closed Session: County Counsel Steven Woodside: Item 1, instructions were
given to the labor negotiator. Item 2 with respect to the Gatto case, instructions were
given to counsel. No action taken. Item 3 was withdrawn. Item 4 the Aldrich case: instructions were given to
counsel. There was no action taken to report out at this
time. Item 5 a possibility of litigation; instructions were
given to counsel. Again no action taken. In the next Item 6. there was significant exposure to
litigation; instructions were given to counsel. Finally you gave instructions to your real property
negotiator regarding the Beluzzo Fields property on S.
Moorland Ave. No action was taken. Chair: Item 27 was held over from this morning to address
some concerns that Supervisor Smith raised. Supervisor Smith: Yes, Mr. Chairman. I did meet with
staff and they did have a map and a file which showed the
plan was signed off by the county. It answered my concern
about whether the amount was fair. It is and it answered my
questions. Chair: Without objections then, record a 5-0 on Item 27,
the Solak property to be used for the West County Trail Head
in Forestville. Personal Appearances: Duane De Witt: I want to thank you for the effort you've
been making out in the Roseland area with redevelopment, the
new Human Services building. The potential park property is
coming on the market once again. Its address is 1027 McMinn
Avenue. Supervisor Smith: We'll pursue it. Duane: Thank you. We should name it Carpenter Park after
Ernie Carpenter. Chair: Your 3 minutes are up. Are there other personal
appearances? Bill Pisenti, Redwood Empire TRIM: I have some complaints
to make today. When I got here this morning, I drove around
and around with 30 other cars looking for a parking place.
We think it's time the supervisors do something for us. We
want a special parking place for us out in the front
here. Harvey Goldberg: I saw in Saturday's paper: Virginia
Strom-Martin wants to take on the Water Agency and my Sonoma
County Board of Supervisors. About a year and a half ago I
brought in some documents which I thought were important.
When you correlate them and put them together, you start to
see...It's almost a conspiracy...You know, it's not the
greatest word in the world to use around here but that
regulatory agency, many or both of them outside Sonoma
County are wanting to take jurisdiction in Sonoma County. A
lot of different groups have been funded and are being
funded by other agencies which all seem to be wanting to do
the same thing. They want to take jurisdiction of our
private property and our rights and our board of supervisors
where you presently have jurisdiction. I'm not really
interested in seeing that jurisdiction leave our local area.
So I say I'm a conspiracy theorist so I look at it like
that. There's a group called Estuary. It's in all kinds of work
on the Bay. And another group This is the one that concerned
me, called Friends of the Estuary. On that board I found
names like Will Travis, Mike Monroe from the EPA out of
Marin County. Barbara Salzman, the same board as Mr. Travis
from BCDC in that same material that I gave you. Their
wording was that the environmentalists need to get more
people on the local water district boards so that they can
control the water. And I see that happening with this
Virginia Strom-Martin thing. I hope it's not the same
people, but I'm sure it is. But back it up to
Sacramento...going to come down with money from BCDC, CALFED
and these other agencies. So I hope this board will track
this and keep an eye on it. I'll get that paperwork to you
on Friends of the Estuary. As I said I believe there was a
conflict of interest there. The other article that was in the paper this weekend
Sunday...workers village envisioned at Skaggs Island... Chair: You need to sum up, Mr. Goldberg. Mr. Goldburg: What I've got here is a copy of the
original contract between M. D. Skaggs and the United States
of America and the first line states that the present
standards are to be maintained at all times. I'm not at
liberty to release this document to you. I'm sure you can
probably get hold of it. If somebody would like to meet with
me please contact me. Thank you very much. Have a great
holiday season. Chair: Review of Acts of Planning Bodies: any questions?
If not, they'll be accepted as submitted. That brings us to our 2:05 Hearing: Consider approval of
the 2001 Sonoma County Fairgrounds Budget and Position
Allocation List. Supervisor Cale asked about the position of the assistant
fair manager. Staff: We don't intend to fund at this time. We'd like to
keep it in the classification system so in the future if we
need to fill it we will. Supervisor Cale: If we approve it, the position's there.
We no longer have control. I've got a fair manager, I've got
a deputy fair manager and I've got an allocation for an
assistant fair manager. Chair: Let's see what other members say. Supervisor Kelley asked a question about reserves. Chair opened the meeting for public comment. There was
none. It was brought back to the board. Supervisor Kelley
recommended adoption. Vote: 5-0 for adoption 2:15 Hearing: To consider a request by Northern
California Building Materials for modification to a 1987 use
permit to convert existing batch plant to truck terminal and
an airport industrial specific plan text amendment to
prevent any future use of the site for concrete production
or distribution. Negative Declaration, 1240 Century Court,
Santa Rosa, 4th Supervisorial District. PRMD Staff: The property is located up at the south end
of the airport industrial plan area. It's bordered on three
sides by other industrial land. The proposal is to replace the concrete batch plant with
a truck terminal parking up to 50 trucks on site. The
applicant has requested a specific plan text amendment which
would prohibit any concrete-related uses on the site.
Complaints have been noise, the on-site truck wash which
might have contaminated Mark West Creek. The board was asked to support the Board of Zoning
Adjustment finding. The owner also needs a DMO permit to
take care of the batch plant. The board voted 5-0 in favor
of the new truck terminal. 2:30 Hearing: To consider proposed revisions to zoning
for Bed and Breakfast Inns. Negative Declaration Location: 5000 Highway 12 and 1040 Irwin Lane, Santa
Rosa, Districts 1 and 5. Staff: The current bed and breakfast ordinance was
adopted in 1983. In 1999 the board directed staff to present
a revised ordinance. Supervisor Cale worked with County
Counsel on the draft. Staff prepared a study and a negative
declaration for the draft ordinance. The Sonoma Valley
Citizens Advisory Commission reviewed the draft on December
6th. I believe there's someone here to reflect their
actions. Last night, the Airport Land Use Commission
reviewed the draft ordinance and they found the draft to be
consistent with airport safety policies. They felt that
airport criteria should be used when reviewing land use
projects. Briefly, we would like to review the issues addressed at
the Planning Commission. Number One: Which zoning districts?
B&Bs are currently allowed in LEA, DA, RRD, AR zones.
The proposed ordinance would also allow them in TP, RR, R1,
R2, C1, C2, LC and K zones. The Planning Commission would
not allow them in the TP, R1, and R2 zones. Issue 2. Number of rooms: the present ordinance allows up
to 5 rooms. The proposed ordinance would allow up to 10 in
the AR, RR, C2 and K zones. The commission recommended
retaining 5 rooms in AR and RR. Issue 3: Permit requirements: All districts require a use
permit where B&Bs are allowed now. The proposed
ordinance would continue to require use permits for
everywhere else except for C2 and K where Design Review
required. Staff recommended one-room B&Bs with only a
zoning permit with posting in LEA, DA, RRD, AR AND RR. The
commission agreed with staff. Issue 4: Whether to allow 3 meals per day at B&Bs
Current regulations limit meals to breakfast only. Proposed
regs would permit 3 meals per day for inn guests. The
commission determined breakfast only should be
permitted. Issue 5: Qualifying structure(s) Current ordinance requires the building be built before
1984. The proposed ordinance would delete this. No accessory
structure is currently permitted. The proposed ordinance
would permit it. The commission clarified that rooms in the
accessory structure would be included in the total number.
The maximum size of the accessory structure is 640 square
feet. There should be no internal passageway between the
living space and any balance of the structure. There can be
no more than 2 transient occupancy rooms in the accessory
structure and accessory structures for transient occupancy
cannot be used in C1 and LC zoning districts. Issue 6: Owner in residency requirement: The current
ordinance requires the owner and/or operator to be in
residence for all B&Bs. The commission asked staff to
work on language to ensure that inns are operated by the
property owner or leasee rather than a hired employee. This
is to ensure neighborhood compatibility. Issue 7: Special event, weddings, parties, etc. and
amplified music The current ordinance allows nonamplified
music, lawn parties, weddings with use permits. The
commission determined that these at any B&B were not
appropriate and recommended that they be eliminated from the
ordinance. Issue 8: Whether Agricultural Homestays can be included
in the ordinance? Williamson Act lands? The Planning
Commission recommended that PRMD consider that with their
zoning ordinance update. That concludes the staff report.
Are there any questions? Chair: Just one. The ordinance that we're considering
would include all the recommendations of the Planning
Commission not the original proposal of the Planning
Commission? Staff: That is correct. Supervisor Kelley: The first relates to the accessory
structure. Currently what is allowed in the second unit? Staff: The second unit is allowed to be 840 square feet.
There is an allowance of 400 square feet for an attached
garage or storage. A building size of 1240. Supervisor Kelley: Was there any discussion about making
the size equal to the 840 square feet? Staff: It's like a second unit but it does not have a
kitchen. Supervisor Kelley: Are you saying that the proposed
ordinance would remove the nonamplified music and lawn
parties? Staff: Yes, that's the recommendation. Supervisor Kelley: Was there any discussion about the
impact that might have on current operations? Staff: Any bed and breakfast that has a current use
permit to conduct that now could continue to do that. The
right would not be taken away. Supervisor Kelley: Under the proposed ordinance could the
new bed and breakfast apply for a use permit? Or could an
old bed and breakfast apply for a new use permit? Staff: Under the proposed ordinance, yes, they would be
able to apply for a use permit to have events and
[amplified music answer not audible] Supervisor Kelley: Was there any discussion of the
different zones as it relates to size of parcel as a
constraint for how many rooms are available or was it purely
by zoning? Staff: As I recall I think the discussion was just broken
down by zoning districts. Chairman Reilly: It would still be subject to the site
constraints as to actually could be permitted on a certain
site. It could be less than 10. Supervisor Kerns: Is there any mention of the number of
attendees at those events? Staff: It would be on a case by case basis. Supervisor Kerns: What criteria do you use in determining
the number of attendees? Staff: One is the capacity of the septic system. Perhaps
we would require the use of portable toilets. Traffic and
parking are also taken into consideration and proximity with
the neighbors as well. Chair: We're going to open public comment. The board's
received a number of communications on this. There's
community interest. Can I see the hands of people who wish
to testify? I ask you to limit your comments 3 minutes
please. John Lemont, Sonoma Valley Citizens Advisory Commission:
We passed a motion that the B&B ordinance go forward
following the recommendations of the Planning Commission
with the following exceptions: We do not think a bread and
breakfast should be allowed in the RR zone. We would like to
keep the limit of the 5 room maximum. And the structure
built prior to 1984. That motion passed 5 to 3. The three
are in opposition only to the date of construction. They
felt that the 1984 date was rather arbitrary but that the
building should not be built for a B&B but have had some
prior existence. Chris Jones, Glen Ellen: We wonder where this amendment
is coming from. We don't hear that people are unable to
visit due to a lack of accommodation. The Sonoma Valley Inn
recently expanded. We nearly have a 160 room lodge at 4
Corners. Sonoma Mission Inn has ambitious plans. One of the
speakers at the Planning Commission hearing was Betty Genet,
head of the Sonoma Valley Association of B&B Owners who
spoke eloquently against the regulations. There's no cause
for this expansion of B&Bs. We don't need it. As a
result of attending these meetings, I support the
recommendations of the Sonoma Valley Citizens Advisory
Commission. The 1984 ordinance's requirement of the building's age
was a very important one and not to be passed over lightly.
A B&B was a conversion, a reuse of an existing
structure, but if we go along with a revised ordinance then
we will have custom built B&Bs. Consider Calistoga.
Around every bend in the road will be yet another B&B.
The original idea was a room or two in a family home. Let's
keep it that way. Brenda Goodman: I'm a resident of Glen Ellen. I also urge
you to accept the recommendations of the Sonoma Valley
Advisory Commission. I am concerned with granting large,
even 5 bedroom B&B inns in the county. I believe in some
of the areas the county does not do a good job of
maintaining the roads. As I travel to Sonoma State where I
work I drive Warm Springs Road through Bennett Valley and
through Crane Canyon. Those roads are accidents waiting to
happen. Most of that land is agricultural or rural
residential. At any one time I go outside in the summer, I
can be serenaded by events at BR Cohn, Valley of the Moon
Winery, and at the Developmental Center because the county
has no noise ordinance. This is another imposition. The
posting is fairly inadequate. I found out about this
ordinance by accident. I'm concerned about owners - absentee
owners. Even the word lessee bothers me. I urge you to
accept the Sonoma Valley recommendation and to eliminate the
RR zones. Susan Gardner, Kenwood: I attended the Planning
Commission hearing, and I too agree with the Sonoma Valley
recommendation.When I bought my home, I truly believed in
zoning laws. To change a residential neighborhood to
commercial with B&Bs would have an adverse effect on my
quality of life as well as the value of my property. I
consider my property my retirement. I love my home, I love
my neighbors. I'd like to see it stay a neighborhood. Thank
you very much. Peter Hensey, I live in an RR zone and I'm requesting not
to allow any amplified music or voice broadcasts. I believe
we have an ordinance that covers the noise levels on
properties. In the past we've experienced a very expensive
and difficult situation with amplified music and weddings
that cost us a lot of money and put us in the position of
becoming the enforcer of the noise ordinance. It was costly,
it was bitter, it was a fight to protect our quiet enjoyment
of our property. It culminated in a group of neighbors
actually filing a lawsuit against the county for allowing
the amplified events to go on. We had to call the sheriff
for help in shutting down these events. It caused great
disruption to the brides and grooms and wedding parties and
I plead that our neighborhoods not be burdened with the job
of enforcement of the existing noise regulations.That can be
done by not allowing the amplified music and voices. Chair: Thank you Mr. Hensey. We're familiar with that
case. I appreciate your comments. Betty Genet: I agree with the Sonoma Valley Advisory
Commission. I'm a bed and breakfast owner. I'm on 25 acres.
If the neighbors had 40 acres, we probably wouldn't have a
problem with amplified music. A lot of the bed and breakfast
inns I've seen are on much smaller properties. I can't
imagine what having wedding functions and amplified music
and special events being right next door. I feel it is a
home stay where you have a regular home where you have
bedrooms and you have guests in your home. I would like a
firm definition of what a bed and breakfast is, what an inn
is, what a hotel or motel is. There are too many batting
around what a bread and breakfast is all the time. Five is
the maximum you can have to classify it as a bed and
breakfast. The idea of staying is to have that intimacy with
the owners of the bed and breakfast. Guests have told me
that when the place has 10 or 15 rooms that whole atmosphere
is lost. Thank you Dianne Strauss, Kenwood: I am on a rural residential
parcel. Commercial establishments exist to make a profit.
They exist to give people a kind of unique homestay. But
they do have negative impacts on their neighborhoods. The
board of supervisors that first permitted B&Bs
recognized that it was important to constrain their
commercial nature.They limited the number of people that
could be hired to do the clean up. This first ordinance was
an attempt to preserve some of the historic buildings. I
think what we're looking at now is mini hotels. I think we
need to be very careful. I understand in business there are
economies of scale. That should not be at the expense of the
neighbors. The pressure for change here is not really coming
from Mom and Pop entrepreneurs. Pressure is coming from
agribusiness, from the wineries. I spoke with the previous
owner of Matanzas Creek Winery. She said to me, We want
B&Bs. They provide the key to a romantic getaway
weekend. That draws people to our wineries. It's just a
matter of business. I urge you to uphold the integrity that
zoning protection offers. A home is the largest purchase
that people make in their lives. To change the rules in the
middle of the game is to undermine us. Thank you. Harry Stockton, Forestville: I am opposed to any change
in the bed and breakfast regulations. [Mr. Stockton's objections were similar to the
others.] Mr. Graham, Glen Ellen: I represent our private
homeowners' association. I'm also supporting the Sonoma
Valley Advisory Commission. We are opposed to any
development of this kind. Everyone that I talked to was
opposed to this. What you're talking about here is a sea
change. The people who live here think that the zoning laws
are going to protect them. You are doing this without
properly identifying this to the people who live in these
areas. Hardly anybody that I talked to knew about them in
advance. I would strongly recommend that you not make any
judgment until that has been done. Wait until you get some
more feedback. In our homeowner's association in RR we have
a bed and breakfast set up that we are told shouldn't belong
there.You're going to have to consider the conflict between
our CC&Rs and what the county wants to do. Sharon Ponceford, Sonoma Valley: We live near a popular
B&B. Practically every weekend for 6 months of the year,
we are subjected to amplified music and talk. We are unable
to enjoy our own property because of this. It is not right.
I attended the Planning Commission meeting on this topic and
the Sonoma Advisory meeting as well. Both were well attended
and only one person spoke in favor of these revisions. All
others were opposed including the city council of Sonoma who
sent a letter from Mayor Barnett. I feel most comfortable
with the Sonoma Valley Advisory Commission's
recommendations. Suzanne Ottoman, Glen Ellen: I'm here to request that you
support the Planning Commission's recommendations. Remove RR
from allowed B&Bs, qualified structures built before
1984. Do not allow one room B&Bs in RR and RRD areas
with a zoning permit and posting only. This was a change
after the original revised ordinance. I live in an RR zoned
area. I have 3 neighbors. One has a converted pool house
which is now a B&B cottage. Since the conversion I've
had joggers, sightseers, and lost patrons coming up my
narrow one lane driveway. There are lights all over their
property with this huge metal gate and this stone wall with
lights all the way up to the B&B. The commonly shared
lane now has a 7' stone pillar at the entrance with a flag
drawing attention to the address set in stone. One time a
40' bus was stuck on the turn. I had to walk up the hill to
my home. What if there had been an emergency or a fire? This is what we're talking about when you talk about
zoning changes. My quality of life has changed, my property
values have changed, I've lived in this house for 22 years
and I am not just concerned about myself. I'm concerned
about the whole county and the direction that development is
going. The original rules are not archaic. They were to
protect our neighborhood environment so I hope the board
will continue to do the same. I am concerned about the RR
zoned areas and how they actually got into the areas in the
first place. Please don't rely on the permit process to
govern this issue. I'm concerned about fire, the noise,
amplified music. I too can hear the music from the hospital,
from the surrounding wineries. I can even hear my neighbors
talk at times. A lot of us live on just an acre or a half
acre. I'm concerned about the meals, the events, privacy,
parking, the sewer, the signs, Highway 12. We're really
going to have an eyesore soon. How is the county staff going to handle all these
inquiries? We're going to have to police our own
neighborhoods. I believe that this newly revised ordinance
didn't come from the will of the people. I hope you will
vote for the Planning Commission's recommendations and the
added recommendations of the Sonoma Advisory Commission.
Thank you. Debbie Swanson, Glen Ellen: I also support the Advisory
Commission's recommendations. I live on a tiny dirt road
zoned RR. We now have one enormous mansion with a second
unit of similar size, and two mini mansions all new
construction or expanded in the last 7 years. Chair: What does a mini mansion look like? Debbie Swanson: Pretty darn large. Lots of light. Lots of
traffic. I describe the one across the street as a pink,
three story stucco piece of ____ . All three homes require
staffing for maintenance, home businesses and entertaining
handled in the morning and the evening as the many grounds,
office, child care, housekeeping, design, etc. staff travel
to and fro. I recognize very few of the sojourners on my
little road these days. Each of the last 7 summers have been
filled with the noise, traffic and dirt associated with
construction as each homeowner adds to the magnificence of
their palatial splender. That's not why I chose to live in Glen Ellen. But as one
neighbor pointed out: Maybe I'm the odd bird and need to go.
If my RR district neighbors will now be permitted to further
erode the community with B&B transients, I'm going to
apply for my own liquor license, building a 24-hour mini
mart on my RR land and moving to the country. I promise,
however, in keeping with the leisure and comfort mentality,
my new 24-hour mini mart will naturally have a drive through
window designed to accommodate the stretch jobs rolling the
cash cow through the valley. I have a lot more to say but I want to rush to the issue
of affordable housing because if you look through today's
*Index Tribune* you will see a story about what the Gage
House is recommending - raze two neighboring duplexes so
they can build 9 upscale units. They will be displacing 4
families in Glen Ellen. We've already lost two affordable
housing units in the last two months with the Glen Ellen
expansion where they made a mockery of the law by removing a
_?_ from each of the units, setting them aside and
continuing on with their so-called rehab projects. I
understand they want to build a third unit. We don't have
parking downtown for these folks. You can see that any night
when any of the restaurants are open and all of the out-of-
towners are parked in the crosswalks. I want to ask you to
think very carefully about what this proposal could mean to
our neighborhood and how it might even impact your own
neighborhood. Thank you. Bill Wielock, Glen Ellen: I specifically want to address
the safety issue of the B&Bs. There isn't a day or night
that we don't hear emergency vehicles racing down the road.
I'm sure you're aware of Highway 12 turning in and out. In
our area we have children and pets. We have pretty much a
one-lane road. I'm concerned about having transient
occupancy in our neighborhood. We're not set up for that on
the rural roads. I am concerned about the wedding parties. I
agree with the Planning Commission that we should not allow
those events. Chairman Reilly asked what the zoning was in his area. It
was RR. My name is Ron Chibor, Gyserville: I'm on the Geyserville
Planning Advisory Board. Food service should not be limited
to just breakfast. When people check in, they're weary. We
like to serve cheese and crackers and a little soup. I would
like to have that approved. When we have a wedding, we like
to provide an organ or electrified piano. It's still called
amplified music. A 5 or 6 room B&B is the minimum;
otherwise, it is not a profitable venture. Bill Brenock, Cloverdale: I own a bed and breakfast. I'm
really surprised at the enmity created in Sonoma Valley. I
thought we were a friendly business in the neighborhood. I
think it's the amplified music that's upset everyone.
Weddings are a problem. People go to a bed and breakfast to
rest. You need to have 10 rooms to make an economic unit.
The Professional Association of Innkeepers International is
the best source of information about bed and breakfast
units. Archie Horton, Glen Ellen: Parking is the biggest
problem. It's a nightmare. Trucks with building materials
are coming in. They block a whole lane while they
unload. My name is Judy Oddney. My husband and I own the __?_ in
Santa Rosa. Most people who've spoken today have the
impression that a bed and breakfast is a Mom and Pop
operation. Maybe that was true 20 years ago.We bought to run
a very professional inn. We have 7 rooms and a cottage. We
employ 6 people. We pay $18,000 a year in transient
occupancy tax. We sit down every morning and help people
plan their day. Over 40% of our guests return. I cook
breakfast 7 days a week. In 11 years we've never had an
unruly guest. We've never had to call the police. I think a
lot of these problems could be eliminated if every inn had a
use permit. However, there are about 60 or 70 properties
listed on the internet and in guidebooks, even by the
Visitors Bureau that neither have permits nor pay transient
occupancy tax. That's a major issue. It needs to be
addressed. Most of those properties are in Sonoma
Valley. Hello, I'm Chris ___ and I'm owner of the Glen Ellen Inn.
I think the RR issue should be looked at a little better.
The businesses are good for Glen Ellen. I've donated about
$10,000 this year to the schools, to children with cancer,
to roads. I feel a little bit hurt. I agree with the last
lady that's what we're here for. Thank you. My name is Reverend Johnson. I live on Templeman Road.
[Forestville] Your proposal was just brought to my
attention yesterday. I used to be a builder. Once these
extensions are granted, they just keep adding and adding and
adding. For example our road. It's 40' wide. How are you
going to control parking? It's very hard to control. If
there's a fire down at the end of the road, how's the fire
truck going to get in? Sanitation is another concern. We
have septic tanks. We have wells. Anytime you have a group
of people gathered together, it's horrendous. I mean...the
process of elimination and so forth is... Chair: We get the picture, Reverend Johnson. Reverend Johnson: It'll cause nothing but trouble!
Consider this, I mean the health and welfare of the people.
Not only Templeman Road, but any other road that takes
permits. Think of the welfare of the people that are living
past that. It's your responsibility as supervisors to
protect all the people. Am I not correct? And I want to
thank you for letting me get up and express my opinion, but
I'm very concerned about the fire and ambulance service come
to service people past a bed and breakfast place... Chairman Reilly: Sir, your time's expired. And that does
conclude public testimony. We'll bring it back to the board.
I have a couple of comments. I think the Planning Commission
did a good job scaling this down. We've always treated
weddings as a site specific issue in terms of the kinds of
events, the number of events, the location, the number of
participants. I would like to keep the old rules on that
including a ban on amplified music. A lot of testimony came
from people in the RR area. We've taken out the R1 and R2.
I'm in favor of taking a look at RR. Supervisor Kelley: I think taking out R1 and R2 is valid.
If you had a larger size RR, you'd see less impacts. As it
relates to sanitation and everything else, there are enough
constraints in those areas. Why is LIA not included? Staff: General Plan consistency. We would have had to
amend the General Plan. Supervisor Cale: I'll support all the amendments as
proposed by the chair and proposed by Mr. Chase. It was
suggested early on that agribusiness was behind this. And
everytime somebody gets upset with something in the county,
they start blaming agribusiness. It had nothing to do with
this at all. It started with me sitting down with staff
trying to understand what was driving this ordinance and no
one had an answer. That's how we got in here today. And to
bring the county into what all the incorporated cities are
doing. This wasn't done in some back room. How are we going
to create something that's going to be workable for us all?
I want to thank Sue Gallagher and Pete Parkinson. I
appreciate the board's indulgence and all the comments from
the public and the work of the staff. I recommend that we go
forward on a straw vote. Supervisor Smith: I'm not clear about the 1984 date. Chair: Get rid of it. Supervisor Smith: And what about RR? My take is it's
going to be a case by case basis. You have a wide degree of
parcels, shapes, sizes, locations. I'm hesitant to throw a
blanket on RR. I feel comfortable leaving them in. Chair: Let's walk through this in terms of what the
changes are. If we have any problems with this ordinance, RR
is probably where we're going to have it. RR stays in.
Events? We would not allow special events in the RR area
only. It looks like there are three for that. On a straw
vote record a 5-0 with those modifications. Bring back
January 9th on the Consent Calendar. 2:45 Hearing: To consider modifications to use permit
condition to reduce the number of off-site noise monitoring
locations from two sites to one and clarify that overnight
camping for racing competitors and support personnel is
allowed for Sears Point Raceway. Jim Hummer represented
Sears Point Raceway. Both modifications were approved and a typographical
error was corrected. Vote 5-0. Adjourned at 4:15 PM______________end
notes by the Board Watcher