2002/08/06 City Council ResolutionRESOLUTION NO. 2002 -171
A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING SETTLEMENT AGREEMENT WITH
SONOMA COUNTY RESOURCE PRESERVATION COUNCIL AND JOHN KING
(South County Resource Preservation Council v. City of Rohnert Park)
WHEREAS, the City Council wishes to enter into a settlement agreement with the South
County Resource Preservation Committee and John E. King regarding Superior Court Case No.
224976, South County Resource Preservation Committee and John E. King v. Ciiy of Rohnert Park;
and
WHEREAS, the City Council has reviewed the attached Settlement Agreement and has
received recommendations from the City Attorney that changes to the Settlement Agreement
might be appropriate in response to a threat of litigation received on August 6, 2002; and
WHEREAS, such changes ( "Proposed Changes ") are attached to this resolution as Exhibit A.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ROHNERT PARK AS FOLLOWS:
1. In considering and adopting this Settlement Agreement and the Proposed Changes thereto, the
City is relying on prior EIR which is not being set aside by the Judgment attached to the
Settlement Agreement.
2. The interpretations of the General Plan and the EIR contained in this Agreement provide for
less environmental impact than the existing General Plan and its EIR (based upon the proposed
change to the City's sphere of influence, provisions for groundwater conservation,
groundwater pumping mitigation, water conservation, etc.).
3. The adoption of this Agreement is not a project for purposes of CEQA. There has been no
change in circumstances, nor has there been any supplemental information received that
requires the City to conduct environmental review.
4. Except as provided in section 5 of this resolution, that certain Settlement Agreement by and
between South County Resource Preservation Committee and John E. King, and the City of
Rohnert Park, a municipal corporation, for Case No. 224976 pending in the Superior Court of
the State of California, in the County of Sonoma, is approved.
5. The City Attorney is authorized to negotiate one or more of the Proposed Changes to the
Settlement Agreement in order to respond properly to the threat of litigation received on
August 6, 2002.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to
execute same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park
this 6th day of August, 2002.
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CITY OF ROHNERT PARK
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Mayor
MACKENZIE: AYE REILLY: ABSENT VACANCY: N/A VIDAK- MARTINEZ: AYE FLORES: AYE
AYES: (3) NOES: (0) ABSENT: (1) ABSTAIN: (0)
J144080602 Resol Approving Settlement Agreement
(2)
EXHIBIT A
PROPOSED CHANGES
1. Amend Section IIA of the Judgment to delete last sentence of Section IIA, and
provide that if land south of Valley House is removed from sphere of influence,
that any future application to LAFCO to amend sphere of influence to include
land south of Valley House requires 2/3 vote of City Council.
2. Amend Section IIA of the Judgment to provide that Petitioners will not object to
extension of Bodway Parkway to Railroad Avenue.
3. Amend Section IIA of the Judgment to provide that if, for whatever reason,
Section IIA is determined to be unlawful or unenforceable, the remainder of the
Agreement is not affected and will continue in full force and effect (severability
clause).
4. Amend Section IIA of the Judgment to provide that diagram be changed to
exclude, from the diagram, land west of Bodway Parkway.
5. Amend Section IIA of the Judgment to delete last sentence of Section IIA and to
require the City Council to initiate an amendment to the General Plan adopting
policy relating limiting the reasons to initiate a change in the sphere of influence
(south of Valley House) (a) the need to provide housing for all economic
segments of the community; (b) the need to develop the property within the City
of Rohnert Park to alleviate projected budget deficiencies; and (c) the need to
comply with a new requirement of state or federal law.
6. Amend Section IIA of the Judgment as follows:
A. The City shall apply to the Sonoma County Local Agency Formation
Commission ( LAFCO) within ten days of the date of entry of this judgment, to
amend the City's sphere of influence through the removal of all lands located
south of Valley House that were added to the City's sphere of influence by
LAFCO in April 2002. In the event that LAFCO does not approve the
amendment, this Judgment and Agreement shall be of no force and effect and the
litigation shall be reinstated. Upon approval of the amended sphere of influence
by LAFCO, the General Plan D o m (F 2.2 1 in the General Pl y sha fl 1,0
(1)
meted the City shall initiate a general plan amendment to exclude ftom the
General Plan diagram (Figure 2.2 -1 in the General Plan) all lands located south
of Valley House Drive that were proposed in the General Plan to be added to the
sphere of influence. A diagram of the lands to be removed is attached as Exhibit
2. The General Plan shall permanently prohibit the filing of an application to
amend the City's sphere of influence or the taking of any other action to include
any land south of Valley House Drive (as depicted on Exhibit 2) within its sphere
of influence. The City shall not amend the General Plan to alter this prohibition.
(2)
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