AGENDA BOARD OF SUPERVISORS SONOMA COUNTY 575 ADMINISTRATION DRIVE, ROOM 102A SANTA ROSA, CA 95403

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1 AGENDA BOARD OF SUPERVISORS SONOMA COUNTY 575 ADMINISTRATION DRIVE, ROOM 102A SANTA ROSA, CA TUESDAY OCTOBER 23, :30 A.M. (The regular afternoon session commences at 1:30 p.m.) Susan Gorin First District Sheryl Bratton County Administrator David Rabbitt Second District Bruce Goldstein County Counsel Shirlee Zane Third District James Gore Fourth District Lynda Hopkins Fifth District This is a simultaneous meeting of the Board of Supervisors of Sonoma County, the Board of Directors of the Sonoma County Water Agency, the Board of Commissioners of the Community Development Commission, the Board of Directors of the Sonoma County Agricultural Preservation and Open Space District, the Sonoma County Public Finance Authority, and as the governing board of all special districts having business on the agenda to be heard this date. Each of the foregoing entities is a separate and distinct legal entity. The Board welcomes you to attend its meetings which are regularly scheduled each Tuesday at 8:30 a.m. Your interest is encouraged and appreciated. AGENDAS AND MATERIALS: Agendas and most supporting materials are available on the Board s website at Due to legal, copyright, privacy or policy considerations, not all materials are posted online. Materials that are not posted are available for public inspection between 8:00 a.m. and 5:00 p.m., Monday through Friday, at 575 Administration Drive, Room 100A, Santa Rosa, CA. SUPPLEMENTAL MATERIALS: Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for public inspection in the Board of Supervisors office at 575 Administration Drive, Room 100A, Santa Rosa, CA, during normal business hours. DISABLED ACCOMMODATION: If you have a disability which requires an accommodation, an alternative format, or requires another person to assist you while attending this meeting, please contact the Clerk of the Board at (707) or bos@sonoma-county.org as soon as possible to ensure arrangements for accommodation. Public Transit Access to the County Administration Center: Sonoma County Transit: Rt. 20, 30, 44, 48, 60, 62; Santa Rosa CityBus: Rt. 14; Golden Gate Transit: Rt. 80 For transit information call (707) 576-RIDE or RIDE or visit or APPROVAL OF THE CONSENT CALENDAR The Consent Calendar includes routine financial and administrative actions that are usually approved by a single majority vote. There will be no discussion on these items prior to voting on the motion unless Board Members request specific items be discussed and/or removed from the Consent Calendar. There will an opportunity for the public to comment on the consent calendar prior to it being voted upon. PUBLIC COMMENT Any member of the public may address the Board on a matter listed on the agenda. Commenters are requested to fill out a Speaker Card and to come forward to the podium when recognized by the Board Chair. Please state your name and limit your comments to the agenda item under discussion. Available time for comments is determined by the Board Chair based on agenda scheduling demands and total number of speakers. LANGUAGE INTERPRETERS: Language services are available at all regular and special Board and Committee meetings if made at least 48 hours in advance of the meeting to help ensure availability. For more information or to request services: Contact (707) AVISO EN ESPAÑOL: Los servicios de idiomas están disponibles en todas las reuniones regulares y reuniones especiales de la Junta, de los Comités, si se solicita por lo menos 48 horas antes de la reunión para ayudar a garantizar su disponibilidad. Para más información o solicitar servicios, por favor contactar a (707)

2 8:30 A.M. CALL TO ORDER PLEDGE OF ALLEGIANCE I. APPROVAL OF THE AGENDA (Items may be added or withdrawn from the agenda consistent with State law) II. CONSENT CALENDAR GENERAL SERVICES AND AGRICULTURAL PRESERVE AND OPEN SPACE DISTRICT/ SONOMA COUNTY WATER AGENCY (Directors: Gorin, Rabbitt, Zane, Gore, Hopkins) 1. Adopt an Ordinance Vacating Approval of the Chanate Campus Development and Disposition Agreement By Rescinding Ordinance No. 6205: Adopt Ordinance No Rescinding Ordinance No and vacating the approval of the Development and Disposition Agreement to sell the Chanate Campus to Chanate Community Development Partners, LLC. (Second Reading- Ready for Adoption) SONOMA COUNTY WATER AGENCY/ RUSSIAN RIVER COUNTY SANITATION DISTRICT (Directors: Gorin, Rabbitt, Zane, Gore, Hopkins) 2. Maintenance of Electrical Distribution Lines: In an effort to ensure safety and reliability of the distribution lines and to reduce the risk of fire, authorize Sonoma County Water Agency's General Manager acting on behalf of Russian River County Sanitation District to execute an agreement for as-needed inspection, maintenance, and emergency repair services for 12kV and 5kV electrical distribution lines with INTREN, LLC, through October 31, 2021, in the not-to-exceed amount of $240,000. (Fourth and Fifth Districts) HUMAN RESOURCES AND SONOMA COUNTY WATER AGENCY (Directors: Gorin, Rabbitt, Zane, Gore, Hopkins) 3. Memorandum of Understanding extension between the County of Sonoma and the Western Council of Engineers (WCE): Adopt a Concurrent Resolution approving an extension to the Memorandum of Understanding (MOU) between the County of Sonoma and WCE for the period of July 1, 2018 through July 1,

3 COUNTY ADMINISTRATOR AND SONOMA VALLEY SANITATION DISTRICT (Directors: Gorin, Gore, Agrimonti) 4. Fiscal Year First Quarter Budget Adjustments: A) Adopt a Concurrent Resolution adjusting the FY Budget Appropriations by $69,967,397. (4/5th vote required) B) Adopt a Resolution of the Sonoma Valley County Sanitation District adjusting the FY Budget by $1,031,321 (2/3rd vote required) (4/5 th Vote required)((2/3 rd Vote required SVSD) SONOMA COUNTY WATER AGENCY (Directors: Gorin, Rabbitt, Zane, Gore, Hopkins) 5. Engineering Review of Development Plans: In an ongoing effort to mitigate potential damage to Sonoma County Water Agency infrastructure, public health and safety, and the environment from new construction, authorize Sonoma County Water Agency s General Manager to execute an agreement with Coastland Civil Engineering, Inc., for engineering review of development plans through October 31, 2021, in the not-to-exceed amount of $600, Quagga and Zebra Mussel Inspection, Demonstration, and Training: A) Authorize Sonoma County Water Agency s General Manager to execute the First Amended Agreement for Quagga and Zebra Mussel Inspection and Training with Dogs With Jobs, LLC to continue providing quagga and zebra mussel inspection, demonstration, training, and related services increasing the amount by $125,000 for a new not-to-exceed agreement total of $355,000 with no change to end date of December 31, B) Adopt a resolution authorizing adjustments to the Sonoma County Water Agency s Fiscal Year 2018/2019 adopted budget for the Russian River Projects in the amount of $125,000 for the quagga and zebra mussel inspection and training. (Fourth District)(4/5 th Vote Required) COMMUNITY DEVELOPMENT COMMISSION (Commissioners: Gorin, Rabbitt, Zane, Gore, Hopkins) 7. Housing Authority Program and Service Delivery Enhancements A) Approve amendment to the Housing Authority Administrative Plan B) Authorize the Executive Director of the Sonoma County Community Development Commission (SCCDC) to execute a Professional Services Agreement with NMA Inspection Services, LLC to perform inspections of rental housing units assisted under the Commission s programs for a term of November 1, 2018, through October 31, 2020, with three one-year renewal options.plan. 3

4 AUDITOR- CONTROLLER-TREASURER-TAX COLLECTOR 8. Resolution Designating of Applicant s Agent for Cal OES: Adopt resolution designating the County Administrator, the Auditor-Controller-Treasurer-Tax Collector and the ACTTC Client Accounting Manager as authorized agents of the County of Sonoma for Cal OES (State of California Governor s Office of Emergency Services) public assistance grants. BOARD OF SUPERVISORS 9. Disbursement of Neighborhood Improvement Funds from the Cal American Franchise Tax Fee: Adopt a resolution authorizing budgetary adjustments to the Fiscal Year Final Budget for the Transportation and Public Works department. The requested budget adjustment of $18,400 will provide appropriations for the Neighborhood Improvement Program in the Mark West, Larkfield, Wikiup, and Fulton area. The funding source for the request is the Cal-Am Franchise Fees fund (10056). (Fourth District) (4/5 th Vote Required) 10. California State Association of Counties Board of Directors Assignment: Nominate Supervisor James Gore as the Board s primary appointment to the California State Association of Counties Board of Directors and Supervisor Susan Gorin as the alternate. 11. Statewide Ballot Measures: Consider taking a formal position on statewide ballot measures: Proposition 1, Proposition 2, Proposition 5, and Proposition 6. COUNTY ADMINISTRATOR/COUNTY COUNSEL 12. Amendment to Intergovernmental Mitigation Agreement with Federated Indians of Graton Rancheria: Authorize the Chair to execute Amendment No. 1 to the 2012 Intergovernmental Mitigation Agreement with the Federated Indians of Graton Rancheria including the enforcement of Mitigation Measures identified in the Final Tribal Environmental Impact Report and dispute resolutions. (Second District) COUNTY ADMINISTRATOR/ FIRE AND EMERGENCY SERVICES 13. Extend Proclamation of Local Emergency Due to Sonoma Complex Fire: Adopt a Resolution Extending the Proclamation of Local Emergency Issued on October 9, 2017, for another 30 Days Due to Damage Arising from the Complex Fire. (4/5th Vote Required) 14. Recovery Update: Receive update on the status of recovery operations, planning, seeking of funding opportunities, community engagement and status of recovery framework. 4

5 DISTRICT ATTORNEY S OFFICE 15. District Attorney Automobile Insurance Fraud Program: Adopt a resolution authorizing the District Attorney to execute the grant agreement with the California Department of Insurance to participate in the Automobile Insurance Fraud Program and accept $55,479 in grant funding for the term July 1, 2018 through June 30, The objective of this grant is to protect public safety resulting from criminal enterprises staging traffic collisions and vendors providing faulty vehicle repairs and placing dangerous and unsafe vehicles back on the road. 16. District Attorney Workers Compensation Insurance Fraud Investigation Program: Adopt a resolution authorizing the District Attorney to execute the grant agreement with the California Department of Insurance to participate in the Workers Compensation Insurance Fraud Investigation Program and accept $98,457 in grant funding for the term July 1, 2018 through June 30, The objective of this grant is to uncover fraud within the community that harms workers and businesses, and prosecute those who perpetrate such crimes. 17. District Attorney s Homeless Victims of Crime Program: Execute a contract with the California Governor s Office of Emergency Services for the Outreach and Services to Homeless Victims of Crime Grant Program. A) Adopt a resolution authorizing the District Attorney to execute a contract with the California Governor s Office of Emergency Services to accept additional funding and extend the term of the original grant for direct services revenue in the amount of $380,979 through December 31, B) Adopt a resolution extending the 1.0 FTE Administrative Aide-Time Limited position through December 31, 2019 to continue to support this program. The objective of the Outreach and Services to Homeless Victims of Crime program is to provide advocacy, case management and prosecution to the most vulnerable in Sonoma County, disabled homeless victims of crime. (4/5th Vote Required) FIRE AND EMERGENCY SERVICES 18. Fire Services Project Update: A) Accept an update on the Fire Services Project. B) Authorize the Interim Director of Fire and Emergency Services to Enter into an Agreement with the fire agencies listed in Attachment 1 to maintain existing service levels. 19. Vegetation Management Inspection Agreements with Fire Protection Districts Enforcing County Ordinance No. 6148, Abatement of Hazardous Vegetation and Combustible Materials: Authorize the Director of Fire and Emergency Services to enter into agreements with local Fire Protection Districts to implement a Vegetation Management Inspection Program in partnership with the Sonoma County Fire Prevention Division to reduce vegetation fuel loads and enhance public safety. The program will be active for a term of one year, as funding permits, not-toexceed $500,000 in Fiscal Year ; any remaining funds to carry over to Fiscal Year

6 GENERAL SERVICES/HEALTH SERVICES 20. Lease Amendment for Department of Health Services at 490 Mendocino Avenue, Santa Rosa: Authorize the Clerk to publish a notice, declaring the Board s intention to execute a Lease Amendment with 490 MENDOCINO T.I.C (Landlord), for office space at 490 Mendocino Avenue, Suites 101, 102, 103, Santa Rosa; to extend the lease for a six month period to expire May 31, 2019, at a rental rate of $21, per month ($2.27per sq. ft.), to allow the Department of Health Services Health Policy, Planning and Evaluation Unit (HPPE) to continue uninterrupted operations on the Premises while it waits for tenant improvements to be completed at its future location at 1450 Neotomas Avenue, Santa Rosa. HUMAN RESOURCES 21. Memorandum of Understanding extension between the County of Sonoma and the Engineers and Scientists of California, Local 20 (ESC). Adopt a Resolution approving an extension to the Memorandum of Understanding (MOU) between the County of Sonoma and Engineers and Scientists of California, Local 20 (ESC) for the period of through March 26, PERMIT AND RESOURCE MANAGEMENT 22. Land Conservation Act Contract Replacement; Zane Holdings LLC: Adopt a Resolution to mutually rescind and replace a Non-prime (Type II) Land Conservation Act contract with an Open Space (Type II) Land Conservation Act contract for an 80 acre property located at 9685 Dry Creek Rd., Healdsburg; APN ; Permit Sonoma File No. AGP ; Supervisorial District 4. (Fourth District) 23. Land Conservation Act Contract Replacement; Zane Holdings LLC: Adopt a Resolution to mutually rescind and replace a Non-prime (Type II) Land Conservation Act contract with an Open Space (Type II) Land Conservation Act contract for acre property located at 9695 Dry Creek Rd., Healdsburg; APN ; Permit Sonoma File No. AGP ; Supervisorial District 4. (Fourth District) PROBATION 24. The Keeping Kids in School Initiative: Authorize the Chief Probation Officer to enter into Memorandum of Understanding agreements with Healdsburg Unified School District and Windsor Unified School District to receive Keeping Kids in School program services through June 30, Noble Software Group, LLC, Software License and Services Agreement: Authorize the Chief Probation Officer to execute an agreement with Noble Software Group, LLC, to provide validated assessment tools, a web-based, fully-integrated software application, software maintenance and training for the period of to October 22, 2021, with two one-year renewal options, in a total amount not to exceed $346,181. 6

7 PUBLIC DEFENDER 26. Approval of Capital Case Contract and Related Budgetary Adjustments: A) Authorize the Law Offices of the Public Defender to enter into a contract with The Law Office of Eric Multhaup to provide Keenan Counsel Capital Case Mitigation services for a not to exceed amount of $250,000 necessary to cover the capital case expenses per Penal Code through June 30, B) Authorize the Law Offices of the Public Defender to enter into a contract with L. Page Investigations & Mitigation, LLC to provide Mitigation Investigation services for a not to exceed amount of $150,000 necessary to cover the capital case expenses per Penal Code through June 30, C) Authorize the use of Contingencies and Adopt a Budget Resolution increasing the FY18-19 adopted budget in the amount of $940,000 to cover $400,000 in contract costs and $540,000 for the costs of an Extra-Help Attorney, an Extra Help Investigator and costs associated with discovery and other related case expenses. (4/5th Vote Required) REGIONAL PARKS 27. Regional Parks Day Use Fee Waiver to Honor Veterans: Approve waiver of day use fees throughout Sonoma County Regional Parks system for eligible military personnel and dependents for Veterans Day weekend, starting on Friday, November 9, 2018 through Monday, November 12, SHERIFF S OFFICE 28. Involuntary Medication, California Penal Code Section 2603: Designate the Sonoma County Sheriff s Office as the department who may administer involuntary medication to inmates in the jail on a non-emergency basis pursuant to California Penal Code Section The Sheriff s Office is requesting this designation to improve care for mentally ill inmates and to help mitigate distressing situations that may cause danger to inmates and correctional staff. If approved, the Sheriff s Office will be able to apply to the Superior Court for an order allowing the administration of involuntary medication to inmates, as specified in Penal Code Section TRANSPORTATION AND PUBLIC WORKS Hazard Tree Removal Project Road Right-of-Way Trees, Project # M11719: Approve and authorize the Chair to execute an agreement for construction inspection services with Coastland Civil Engineering Inc. for the 2018 Hazard Tree Removal Project Road Rightof-Way Trees, Project # M11719, for an amount not to exceed $205,025 including a $50,000 contingency. This agreement is for a term ending June 30, (First and Fourth Districts) 7

8 APPOINTMENTS/REAPPOINTMENTS 30. Approve the Appointment of Kevin Howe to the Sonoma County Fair Board (First District), effective and expiring at the pleasure of the Board. (First District) 31. Adopt a Resolution approving the appointment of members to the Sonoma County Tobacco Securitization Corporation. (Auditor-Controller-Treasurer-Tax Collector) 32. Appointments and Reappointments to the Sonoma County Workforce Investment Board (WIB): A) Approve the appointment of Nancy Emanuele and David Tam to the Sonoma County Workforce Investment Board for a one-year term beginning, and ending October 23, B) Approve the re-appointment of Ananda Sweet and David Wayte to the Sonoma County Workforce Investment Board for a two-year term beginning, and ending October 23, (Human Services) 33. Upstream Investments Portfolio Review Committee Appointments & Reappointments A) Approve the appointments of new Upstream Investments Portfolio Review Committee members Kathryn Pack, Mary Watts, Ariana Diaz de Leon, Nicollette Weinzveg and Cynthia King to serve an initial two-year term beginning on, and ending on October 22, B) Approve the re-appointments of current Upstream Investments Portfolio Review Committee members Alison Lobb, Liz Parra, Renée Alger, Carlos Ayala and B.J. Bischoff for an additional one-year term beginning on, and ending on October 22, (Human Services) PRESENTATIONS/GOLD RESOLUTIONS PRESENTATION ON A DIFFERENT DATE 34. Adopt a resolution honoring November 11, 2018 as Veterans Day in Sonoma County. (Human Services) III. 8:45 A.M. - PUBLIC COMMENT ON MATTERS NOT LISTED ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE BOARD AND ON BOARD MEMBER REPORTS (Comments are restricted to matters within the Board s jurisdiction. The Board will hear public comments at this time for up to thirty minutes. Each person is usually granted time to speak at the discretion of the Chair. Any additional public comments will be heard at the conclusion of the meeting. While members of the public are welcome to address the Board, under the Brown Act, Board members may not deliberate or take action on items not on the agenda.) 8

9 IV. REGULAR CALENDAR BOARD OF SUPERVISORS 35. Informational Presentation: Committee to House the Bay Area (CASA): Receive informational presentation by the Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC) regarding the CASA Compact. (Informational Only) PERMIT AND RESOURCE MANAGEMENT 36. 9:15 A.M. - Zoning Code Changes to Expand Housing Opportunities: Hold a public hearing, adopt the Negative Declaration, and adopt the ordinance making changes to Chapter 26 of the Sonoma County Code (Zoning) to expand opportunities for housing. V. PUBLIC COMMENT ON CLOSED SESSION ITEMS VI. CLOSED SESSION CALENDAR 37. The Board of Supervisors will consider the following in closed session: Conference with Legal Counsel Existing Litigation - County of Sonoma v. Philip Thomas Wheeler, SCV Rio Dell Ct., Forestville District The Board of Supervisors will consider the following in closed session: Conference with Legal Counsel Existing Litigation - County of Sonoma v. Fields of the Wood Church, SCV , 1122, 1150 and 1196 Liberty Road, Petaluma - District The Board of Supervisors will consider the following in closed session: Conference with Legal Counsel Existing Litigation - County of Sonoma v. James Quail, SCV Brooks Ave., 423 & 427 Ward Ave. Santa Rosa, District The Board of Supervisors will consider the following in closed session: Conference with Legal Counsel Existing Litigation - County of Sonoma v. William Tinker, & First Ave., Boyes Hot Springs District The Board of Supervisors will consider the following in closed session: Conference with Legal Counsel Existing Litigation County of Sonoma v. Celeste Baker Mendiboure Estate, et al., Paul Joseph Mendiboure, Pierre Jean Mendiboure, Rene Adrian Mendiboure, and Does 1 to 20, inclusive, SCV Victoria Drive, Santa Rosa, District The Board of Supervisors will consider the following in closed session: Conference with Legal Counsel Existing Litigation County of Sonoma v. George Goulart., Sonoma County Superior Court Case No. SCV Bodega Ave., Petaluma District 2 9

10 43. The Board of Supervisors will consider the following in closed session: Conference with Legal Counsel Existing Litigation County of Sonoma v. Stephen Palka, Case No. SCV Neeley Road, Guerneville District The Board of Supervisors will consider the following in closed session: Conference with Legal Counsel Anticipated Litigation. Significant exposure to litigation and potential initiation of litigation pursuant to Government Code Sections (d)(2) & (4). 1 case. Re: Code Enforcement matter re: property at 3062 Adobe Rd., Petaluma; APN ; District The Board of Supervisors, the Board of Directors of the Water Agency, the Board Commissioners of the Community Development Commission, and the Board of Directors of The Agricultural Preservation and Open Space District will consider the following in closed session: Conference with Labor Negotiators: Christina Cramer/Carol Allen, County of Sonoma, and Rick Bolanos/Heather Coffman, Liebert Cassidy & Whitmore. Employee Organizations: All. Unrepresented employees: All, including retired employees. (Government Code section ). VII. REGULAR AFTERNOON CALENDAR 46. RECONVENE FROM CLOSED SESSION 47. REPORT ON CLOSED SESSION PERMIT AND RESOURCE MANAGEMENT 48. 2:00 P.M. - Appeal of a Use Permit and Design Review for a winery and public tasting room with agricultural promotional and industry wide events (Hale Winery). Andrew Dieden, Appellant. PRMD File No. PLP : Hold a public hearing and at the conclusion of the hearing, adopt a resolution denying the appeal and upholding the Board of Zoning Adjustments approval of a previously approved Use Permit and Design Review for Hale Winery with a 25,000 case maximum annual production capacity, a public tasting room, a storage barn, 12 agricultural promotional events, and eight industry-wide total event days on 40 acres, located at 4304 Dry Creek Road, Healdsburg. (Fourth District) 49. 3:30 P.M. - Amendments to Sonoma County Code Chapter 40 to Temporarily Prevent Establishment of New Vacation Rentals Within the Sonoma Complex Fire Perimeter: A) Find that adoption of the proposed ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3), and B) Adopt the proposed ordinance. (First and Fourth Districts) VIII. BOARD MEMBER REPORTS ON ASSIGNED BOARDS, COUNCILS, COMMISSIONS OR OTHER ATTENDED MEETINGS 10

11 50. Permit and Resource Management Department: Review and possible action on the following: Acts and Determinations of Planning Commission/Board of Zoning Adjustments Acts and Determinations of Project Review and Advisory Committee Acts and Determinations of Design Review Committee Acts and Determinations of Landmarks Commission Administrative Determinations of the Director of Permit and Resource Management (All materials related to these actions and determinations can be reviewed at: ADJOURNMENT NOTE: The next meeting will be a Special Closed Session held on October 30, 2018 at 8:30 a.m. The next Regular meeting will be held on November 13, 2018, at 8:30 a.m. Upcoming Hearings (All dates are tentative until each agenda is finalized) November 13, 2018 PRMD - PLP Farm Stays, Hosted Rentals & Marketing Accommodations in LIA, LEA and DA. 11