February 27, 2001 BOS Meeting
notes by the Board Watcher

7. Selection of Watershed Protection Proposals
61. Water Transmission System Capacity Allocation MOU

Before the meeting began, Lawrence Jaffe told me that the RR Watershed Council is included in the Stewards of Slavianka grant. John Nelson, the Water Agency's consultant specializing in water conservation among other water issues, told me that this year's rainfall is almost up to normal. He is also working on Amendment 12, but I forgot to ask about that.

Chairman Pro Tem Supervisor Mike Kerns called the meeting to order. He explained that Supervisor Smith is in Washington, DC trying to get more money for us. He won't be here today. Item 63 [CalWORKS Information Network CalWIN Project] has been held to March 6th.

The first item of business is the Special Districts Consent Calendar, Items 1 through 9 and Item 16. Any questions or comments from the board?

Supervisor Reilly: I just wanted to note Item 7, which was the selection of watershed protection proposals: some really outstanding proposals were selected here, the giant reed removal and the Willow Creek watershed restoration, which has been a high priority for a long time. I see Lawrence Jaffe is here. Please convey our thanks to Assemblymember Wiggins for her help.

Supervisor Kelley noted that North County also received help: Berringer Wine Estates received a grant for bank stablization. And also express thanks to the assemblymember.

Supervisor Cale requested the clerk record his No vote on 2. That is the following:
COMMUNITY DEVELOPMENT COMMISSION
2. Harbor View Village, Bodega Bay
Resolution approving an advance of up to $196,307 to Burbank Housing Development Corporation (BHDC) prior to close of $327,500 loan of FY 1997-98 and FY 1998-99 CDBG (Community Development Block Grant) development funds to pay for incurred development soft costs for the Harbor View Village project and authorizing the executive director to execute grant documents with BHDC.

3. Conflict of Interest Code of the Community Development Commission

8.Conflict of Interest Code of the Sonoma County Water Agency Selected staff and directors/the Supervisors. See Govt. Code 81000 et seq. and Government Code 87306.5 for periodic review and update. Government Code 87306(a) requires each agency amend its Conflict of Interest Code when necessitated by changed circumstances. Members of the Board of Directors may submit copies of Form 721 as filed with the Fair Political Practices Commission.

6. SONOMA COUNTY WATER AGENCY, Kawana Springs Pipeline East, possible presence of subsurface contamination by volatile organic compounds (VOCs), petroleum hydrocarbon compounds, lead and other metals in groundwater and associated soils in the vicinity of Kawana Springs Pipeline East. This item amends the contract for a total of $78,372 for soil and groundwater investigation services by LFR, Inc.

7. Final Selection of Watershed Protection Proposals Adopt projects selected by the Russian River Watershed Project Evaluation Team for funding from the $1 million grant received by Sonoma County under Prop 13.

  1. Project: Hobson Creek Sediment Source Assessment Project Sotoyome Resource Conservation District, 0 funds
  2. Water Quality Monitoring of Southern Laguna Tributaries, Rancho Cotate High School, $5,440
  3. Russian River Watershed Cleanup, Russian River Watershed Cleanup, $10,000
  4. Donnels Property Sediment Assessment & Rehabilitation, Landpaths, $50,000
  5. Project: Restoration & Management of Willow Creek Watershed, Stewards of Slavianka, $197,949 [includes RR Watershed Council]
  6. Riparian Restoration and Environmental Education, Circuit Rider Productions, Inc., $50,000
  7. Russian River at Asti: Bank Stabilization & Revegetation, Berringer Wine Estates, $165,000
  8. Dragonfly Stream Enhancement, Doug Gore, $0
  9. Giant Reed Removal and Habitat Restoration, Circuit Rider Productions, Inc., $400,000,
  10. Copeland Creek Restoration, Southern Laguna Watershed Group, $31,135
  11. Lower Green Valley Creek Habitat Restoration, Forestville Chamber of Commerce, $90,476

The Russian River Watershed Project Evaluation Team (Team) was formed to establish criteria, invite and evaluate proposals, and make recommendations to the Board regarding watershed restoration projects. The Team members are as follows:

*Bob Anderson: Person Familiar with Russian River Economic Issues - Assigned by Assemblymember Wiggins

*Fred Euphrat: Person familiar with RR Environmental Issues Assigned by Wiggins

* Rue Furch: Person familiar with RR Public; Assigned by Wiggins

*Bev Wasson: Local Ag Community; assigned by Wiggins

*Lawrence Jaffe: Assemblymember Wiggins office; assigned by Wiggins

*Bob Klamt: NCRWater Quality Control Board; assigned by SCWA

*Bob Coey, DFG-Region 3; assigned by Water Agency

*Bill Cox- Alternate, DFG-Region 3; SCWA

*Miles Croom: National Marine Fisheries Service; SCWA

*Sean White: Fisheries Biologist SCWA; assigned by SCWA

The General Manager/Chief Engineer of the Water Agency was directed to evaluate the grant contracting and permitting processes to assist agencies and organizations whose projects are selected but don't have the capacity to contract with the State or to obtain all permits in compliance with CEQA. The General Manager is to continue to evaluate these processes and return to the Board to request direction.
[BW: How much goes to the Water Agency for administration?]

Item 16. South Park CSD, Change Order 3, ($55,325 - Increase) (North Bay Construction)

Chairman Kerns: Madam Clerk, record a No on #2 and a 4-0-1 on the others.
Sonoma Valley County Sanitation District, Items 10 through 15: Is Mayor Brown present? [No] Record 2-0-1 And we're to the Board of Supervisors Consent Calendar, 17 through 60: Questions or comments from the board?

Supervisor Kelley: Record No on #19 [Emergency due to local public health crisis.] Also #43, the CAL-Card Implementation Report: It was suggested that if it were successful, we raise the limit. The Water Agency was one of the bigger users of this. They were able to get supplies to make quick repairs. Are we going to raise the limit?

The county purchasing agent said that most transactions fall within the $500 to $1000 range. We'll look at the restrictions by department and bring it back to the board.

Chair: Madam Clerk, record a 3-1-1 on #19. Any objections on the other items? Record a 4-0-1
We're on to Special Districts Regular Calendar, #61.

REGULAR CALENDAR
SONOMA COUNTY WATER AGENCY
61. Water Transmission System Capacity Allocation MOU Resolution determining that a subsequent or supplemental Environmental Impact Report, or other environmental document, is not required pursuant to CEQA for the Memorandum of Understanding (MOU) regarding Water Transmission System Capacity Allocation During Temporary Impairment

Approve the MOU
Authorize the Chairman to execute the MOU

Pam Jeane, Deputy Chief Engineer at the Water Agency and Mr. Poole, General Manager/Chief Engineer:

[The following comes from the Background Notes: BW]

On December 7, 1999 the directors/BOS established that the capacity of the water transmission system is limited to 84 mgd due to temporary impairment. The water contractors and other water customers were directed to reach consensus regarding allocation of the 84 million gallons per day from June-September. The MOU allocation included the water contractors, the Town of Windsor, and Marin Municipal Water District. All approved except the Water Agency between June 2000 and February 2001.

Significant components of the MOU include:

  1. allocate water in the summer months while preserving delivery entitlements;
  2. agreement for constructing water transmission system facilities;
  3. measures that include water conservation, recycled water projects that offset potable water use and standby local peak month production capacity; projects that reduce peak demand and a commitment for funding support by the Agency for such projects;
  4. implement specific water conservation Best Management Practices to help reduce summer demands, including a schedule for metering and implementing commodity-based water billing in RP;
  5. coordinate with agencies with planning and zoning powers as well as building regulatory powers for water supply planning and promotion of water efficiency tools;
  6. agreement to transfer where feasible the surplus water customers to an appropriate water contractor for service.

Addendum to the Water Supply and Transmission System Project Environmental Impact Report, February 2001

The purpose of the Addendum is to evaluate whether a subsequent or supplemental environmental document is required pursuant to CEQA before the Agency may enter into the MOU. The Agency supplies water to its customers under the Eleventh Amended Agreement. The environmental impacts were analyzed in the WSTSP EIR on December 15, 1998, and the 11th Amendment was executed on January 26, 2001.

On December 7, 1999 the Agency's Board declared the transmission system was temporarily impaired during June, July, August and September and will be limited to 84 mgd until 2005. The amount should be 92 mgd.

Environmental Analysis
1. Changes in the Project
CEQA Guidelines provide that no subsequent or supplemental EIR is required unless the lead agency determines that: Substantial changes are proposed in the project requiring major revisions or substantial increase in the severity of previously identified significant effects....

2. Allocation of Supply
The MOU allocations would be temporary and during the summer and would meet public health and safety needs. They would be the same or less than those identified in the WSTSP EIR.

3. Prioritization of Transmission System Improvements The MOU requires the Agency to bring three specified planned facilities on line at the earliest possible date: Collector 6, Cotati- Kastania Pipeline and Eldridge-Madrone Pipeline.The last two will be analyzed in future environmental documents and #6 was analyzed in the WSTSP EIR. There will be no new significant impacts.

4. Funding for Local Recycled Water Projects and Standby Supply Projects
The MOU extends the funding mechanism to cost-effective recycled water projects and standby local peak production capacity projects.The total water supply available to Agency customers would still be at or below the levels identified for the WSTSP. The MOU extends the funding authority of the 11th Agreement but does not authorize specific projects. It is an administrative change only.

5. Accelerated Conservation Requirements The 11th Amended Agreement requires Agency customers to implement the urban water conservation best management practices (BMPs). The effects have already been analyzed in the WSTSP EIR. The MOU sets a specific schedule when Rohnert Park must install water meters and implement metered billing. The parties are required to evaluate possible recycled water projects.An accelerated schedule is an administrative action and does not lead to any significant environmental impacts or an increase in the severity of the impacts.

6. Consultation with Planning Agencies
The MOU requires the parties to consult with local planning and zoning agencies to promote coordination and to consult with agencies having building regulatory powers to promote water conservation equipment and devices. There will be no new significant environmental impacts.

7. Transfer of Surplus Water Customers
"Surplus water" is available only if sufficient water exists to satisfy the requirements of the regular customers and may be used only for irrigation or replenishment of surface or groundwater basins. The MOU provides that surplus water will be available only to the water contractors who will take over serving the surplus water customers. This is an administrative action and is not a substantial change in WSTSP.

Change in Project Circumstances and New Information The lead agency determines that the project will require major revisions of the previous EIR due to new significant environmental effects or a substantial increase in the severity of effects. Or new information of substantial importance appears, which was not known and could not have been known in the previous EIR.

Example: Chinook salmon was listed as endangered after the WSTSP EIR was certified. However, in anticipation of the listing, the WSTSP EIR analyzed the impacts on chinook salmon with providing increased water deliveries up to 101,000 acre-feet per year at an average rate of 149 mgd during the peak month. No adverse impacts were identified.

Conclusion
Entering into the MOU will not result in a substantial change to the WSTSP and there are no changes in circumstances or new information that would lead to new significant environmental impacts or a substantial increase in the severity of previously identified significant impacts. Therefore, a subsequent or supplemental EIR or other environmental document is not required pursuant to CEQA prior to entering into the MOU.

Supervisor Kelley asked about the surplus water customers. The answer given is that they are using recycled water and no new surplus water users will be added. See 7 above.

Supervisor Reilly asked about the status of Amendment 11.

WA Chief Randy Poole answered: It is a working document under County Counsel's determination. We are under very clear direction, that is the case. There are other parties out there who have a different opinion. We have taken the position that it is a completed document. It's met all the requirements.

Supervisor Reilly: The reason I asked the question is that the MOU has a reference both to the 10th and 11th Amended Agreements and language saying that the 10th Amended one is our current one in place and the 11th has not yet been signed. Is that simply a matter of timing when the contractors' signed this particular document? Is there any need to modify that?

Mr. Poole: No, there's not. We are actually using that 10th Amended Agreement as the allocation formula for the 92 mgd. That's the purpose. The ratios of supply to the individual contractors is based on that allocation in the original agreement. Amendment 11 actually has higher allocations for some of the contractors that may have skewed the analysis for what they're supply would be for right now.

Chair: Any other questions? Any member of the public wishing to speak to this item please come forward. Record a 4-0-1

HEALTH SERVICES
62. 2001 Sonoma County Multiyear Plan for HIV/AIDS Prevention
Accept the 2001 HIV/AIDS Plan
Recognize the Planning Group

Barbara Graves, Dept. of Health Services: All departments receiving HIV funds are required to be in a local planning project for HIV prevention and respond to unique local needs. The first plan began in 1995.This morning we have the new HIV Plan for 2001. The goal is to prevent new HIV infection in Sonoma County. The Planning Group is composed of community members and agency representatives working with or affected by HIV. A 2-year information gathering period was conducted. This was used with national data gathered on the epidemic.

Debra Thompson on the plan's top priorities: Provide people with information, skills and tools to protect themselves from disease. The plan identifies specific groups to whom the plan should be directed: injection drug users and their partners, needle exchange services to those who use alcohol and other drugs. Men who have sex with men, particularly young gay men along with people of color are other groups. Small peer groups work well with Latinos. Out of school, homeless youth, sex industry workers and the incarcerated are others at risk. These respond best to small groups, community and street outreach. This plan is to be presented this evening at the HIV Prevention Expo from 4 to 6 PM at the Public Health Rotunda.

Supervisor Reilly wanted to recognize the PPG group for their two years of work on the plan. An editorial this morning said that clean needle exchange does not lead to additional drug abuse. It's a life-saving measure. for those who use those drugs and for the people they come in contact with.

Supervisor Kelley said that the group has spent a lot of time and hard work. The 2 through 8 priorities are valuable and valid. He said he was not a fan of needle exchanges and will not support a plan that makes that a priority. "It's not good public policy to provide people with implements of their own destruction or allow them the implements to do illegal substance abuse. I will support Items 2 through 8. The community will benefit."

Chairman Kerns: I don't see this as a law enforcement policy. It certainly is a health and safety issue. I do support this plan.

Bill Pisenti, Redwood Empire TRIM Committee: You're encouraging people to get involved in this sort of nonsense. It's just like the federal government paying for abortions. We don't need to have 4 women in here to promote this. This will go on as long as you provide money for it. I'm in favor of Supervisor Kelley's remarks. This nonsense should stop right now!

Chair: I think we have one No on accepting the multiyear plan. Record a 3-1-1 on that. Are there any objections to the resolution? [None] 4-0-1

Supervisor Reilly had his photograph taken with the committee.

64. Women's History Month. There were two members from the Commission. There were tapestries in the hall outside commemorating the contributions of Sonoma County women beginning with Marie Carillo. The Commission has sent packets to the schools for the teachers, especially math and science. The supervisors got packets also. The county librarians have made booklists. There is a speakers' bureau. Shelly Cardenez was introduced as a role model for women here in Sonoma County.

Bill Pisenti said he had no bad remarks against women. "I always refer back to Feinstein's husband doing business with Communist China at our expense. We can tolerate the Women's Commission and Women's History Month.

Chair: Thank you, Bill, for your comments. It never ceases to amaze me. The resolution passes 4-0-1. Two members of the commission had their photographs taken with Supervisor Reilly.

65. The Clerk Typist II Position: 4-0-1.

66. Proposition 36
Steve Sharpe, County Administrator's Office: The purpose of this item is to begin implementation of Proposition 36, Substance Abuse and Crime Prevention Act of 2000. It recommends that the board adopt the resolution implementing the act. 2) Designate the Department of Health Services, Alcohol and Other Drug Services Division as the lead agency to administer the act. 3) Authorize the County Administrator to convene a Proposition 36 Steering Committee to work with the lead agency for implementation and oversight.

Prop 36 mandates that anyone convicted of a first or second non violent drug possession offense and any parolee who committed a non violent drug possession offense or violated any other drug- related condition of parole shall be diverted from incarceration into a licensed or certified community-based program. It provides county start up funding of about $850,000 in this fiscal year.'01 and '02 funding may be about $1.7 million. The county must set up a trust fund special revenue account by March 1, 2001.

It is recommended that the board appoint representatives from the following departments to the steering committee: Health Services, Courts, Probation, District Attorney, Public Defender, Sheriff, Human Services, ISD(?), and County Administrator. They will prepare an implementation plan for presentation to the board.

Supervisor Kelley: How does the state have this money available when it was a citizen's initiative? It surprises me that this money was so quickly available. I wasn't a fan of 36 and I'm not a fan of 36. We have invested a lot of time and effort into drug court. I do this with reservations.

Answer: The money comes from the surplus. They were mandated by the proposition to move the money into a trust fund. That's what the state did. Funding is provided through 2006. They are hoping to show this is working and the legislature will continue state funding.

Chair: I also did not support 36 and share your concerns about this. If they successfully complete a drug treatment program, then that offense is obliterated from their record. Is that true?

Answer: They can go back to court and ask the court to dismiss the charges.

Chair: What if someone is a third time offender? If the record is expunged, would they ever reach that threshold?

Good question. I don't have the answer to it.

Supervisor Reilly: These are measures we have to take to get revenue. I'm a little concerned with the make up of the committee. I'd like to see us involved with the drug treatment community that we've historically used in those services. It's unclear whether the funds are adequate. My recommendation is that we have a board liaison as well as the others.

Staff Member: We will be using community-based services.

Chair: Record 4-0-1 [Was a liaison named?] That concluded our business this morning. We'll adjourn to Closed Session and reconvene at 2 PM.
9:22 AM

__________________[I did not attend the afternoon session.]

There was a 2:05 hearing on the proposed transfer of a cable television license from Cable One to Westmarc Development Joint Venture, subsidiary of AT&T Broadband. Districts 1 & 3