2004/10/12 City Council Resolution (2)RESOLUTION NO. 2004 -261
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, APPROVING AN OUTSIDE SERVICE AREA AGREEMENT
FOR PROPERTY LOCATED AT 4649 DOWDELL AVENUE
WHEREAS, the City has received a request from the owners of the subject property
located at 4649 Dowdell Avenue, Thomas L. & Helen J. Roberts, to connect to the City's water
service;
WHEREAS, the City has a policy of extending services to areas outside of the current
City Limits, provided there is an existing or impending threat to the public health and safety, that
the area to be served is contiguous to the City Limits and is within the City's Sphere of
Influence, that the service system capacity is adequate to allow the extension, that the service
extension would be in keeping with the County of Sonoma General Plan, and that the serve
extension would be limited to a size that would meet the area's existing need for that service and
would not result in any growth- inducing impacts;
WHEREAS, there is documented evidence that the groundwater beneath the subject
property may be within the plume of MTBE contamination from a nearby service station and that
this poses a public health and safety threat to the subject property, which currently relies on
groundwater for its domestic water supply;
WHEREAS, the subject property is located outside the City Limits of Rohnert Park, but
is situated within the City's Sphere of Influence and Urban Growth boundary, is contiguous to
the existing City Limits, and is designated for future annexation to the City as a part of the
Wilfred /Dowdell Specific Plan Area;
WHEREAS, the property cannot be annexed until such time as the Wilfred /Dowdell
Specific Plan and its environmental document have been approved by the City Council, and this
work is not expected to be completed until 2005;
WHEREAS, the subject property owners agree to annex or support annexation
proceedings that would lead to the annexation of the subject properties currently outside of the
City Limits to the City, and to waive all rights to protest such annexation proceedings, whenever
such annexation proceedings are conducted.
WHEREAS, the groundwater contamination issue should be addressed as soon as
possible so that it does not negatively impact the existing property owner, and this requires the
extension of the City's water service to the subject property;
WHEREAS, there is adequate capacity to provide the requested water service to the
subject property, in compliance with Municipal Code Section 13.04.020, and there is a point of
connection on Redwood Drive that may be utilized for the required water line extension;
WHEREAS, the requested water service would be extended solely to the affected
property and would not result in any growth- inducing impacts, as the extension would be limited
to a size that would meet the property's existing water service needs, in conformance with the
County of Sonoma General Plan for the property;
(Reso. No. 2004 -261)
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WHEREAS, the extension of services to an area outside of the City's jurisdictional
boundaries requires the Local Agency Formation Commission ( LAFCO) to approve an Outside
Service Area Agreement (OSAA);
WHEREAS, the application for an OSAA requires a resolution or authorization from the
affected City supporting the OSAA;
WHEREAS, the project would be Categorically Exempt from the California
Environmental Quality Act, pursuant to California Code of Regulations Title 14, Chapter 3,
Section 15303 (Class 3 — Conversion of Small Structures — Minor Utility Extension);
WHEREAS, Staff has prepared the required OSAA application for LAFCO
consideration;
WHEREAS, on October 12, 2004, the City Council of the City of Rohnert Park
reviewed and considered the inforination contained in the Staff Report and all relevant materials
regarding the proposed OSAA application to LAFCO.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that an Outside Service Area Agreement is approved for property located at 4649 Dowdell
Avenue.
BE IT FURTHER RESOLVED that the City Council of the City of Rohnert Park
authorizes the City Manager to execute all contracts and agreements necessary for the proposed
water service extension.
DULY AND REGULARLY ADOPTED on this 12th day of October, 2004, by the City
of Rohnert Park City Council by the following vote:
ATTEST:
ba� �
Deputy City Clerk
FLORES: AVE MACKENZIE: ABSENT SPRADLIN: AVE VIDAK- MARTINEZ: AYE NORDIN: AYE
AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0)