2022/05/10 City Council Ordinance 965 AFFIDAVIT OF POSTING
Pursuant to California Government Code§36933 and§40806
Pursuant to Rohnert Park Municipal Code 1.08.010
STATE OF CALIFORNIA )
ss
County of Sonoma
I, Sylvia Lopez Cuevas, City Clerk for the City of Rohnert Park, declare this is a true and
correct copy of Ordinance No. 965.
Ordinance 965, an Ordinance of the City Council of the City of Rohnert Park Amending
Title 13 of the Rohnert Park Municipal Code to Enact Wellhead Protections
Regulations by Adding Section 13.02.120 (Wellhead Protection) and Amending
Section 13.06.040 (Violation —Additional Remedies) was published on 5/20/2022 as
required by law, and posted in five (5) public places in said City, to:
www.rpcity.org for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park Senior Center
6800 Hunter Dr A
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on 5/20/2022.
The full text of Ordinance No. 965 was published in the Community Voice on 5/20/2022 as
required by law.
Sylvia Lopez Cuevas, City Clerk
Subscribed and sworn to before me this June 1, 2022
C -
Elizabeth Machado, Deputy City Clerk
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Ordinance No. 965
ROHNERT PARK
MAY"27 2022
CITY CLERK
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general
circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and
was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the
State of California, in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for
the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade,
calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or
denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing
and expressing in general terms, the purport and character of the notice intended to be given; that the "City of Rohnert Park" Ordinance
No. 965" of which the annexed is a printed copy, was published in said newspaper at least 1 consecutive time(s), commencing on the 20
day of May, 2022 and ending on the 20 day of May, 2022.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 20' Day of May, 2022 at Rohnert Park, California
Signed
Claudia Smith Chief Clerk
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING TITLE 13 OF THE
ROHNERT PARK MUNICIPAL CODE TO ENACT WELLHEAD PROTECTIONS REGULATIONS BY ADDING SECTION
13.02.120 (WELLHEAD PROTECTION) AND AMENDING SECTION 13.06.040 MCILATION -ADDITIONAL REMEDIES)
WHEREAS, the City of Rohnert Park (City) operates a public water system as defined by California Health and Safety Code Section
116275 under pennit issued by the California State Water Quality Control Board. Givision of Drinking Water: and
WHEREAS, the City's public water system includes potable water produced by and purchased from Sonoma County Water Agency
(Sonoma Water), poable groundwater produced by the City and recycled water produced by and purchased from the City of Santa
Rosa Subraglonal System; and
WHEREAS, whereas, the City's local groundwater welffield includes over forty (40) groundwater wells, twenty-nine (29) of which
are currently active; and
WHEREAS, on April 21, 2021, Governor Gavin Newsom signed a declaration declaring a state of emergency in the County of Sonoma
due to ongoing drought conditions in the Rrmsian River watershed; and
WHEREAS, on April 27, 2021, the Sonoma County Board of Supervisors adapted a local resolution proclaiming a state of drought
emergancy in the County of Sonoma due to ongoing drought conditions in the Russian River watershed; and
WHEREAS, Sonoma County is in the midst of a severe multi -year drought and Sonoma Water's primary water supply reservoir,
Lake Sonoma, is near the lowest reservoir levels recorded in its operational history; and
WHEREAS, to manage demands on its water system under drought conditions, Sonoma Water Is expected to file a Temporary Ul
gancy Change Petition, with the State Water Board's Division of Water Rights to reduce required releases from lake Sonoma; and
WHEREAS, based on Sonoma Water's water rights parmlts and tha regubim history of previous Temporary Urgency Change Pe-
titions, Sonoma Water has informed ifs contractors (which include the City of Rohnert Park) to be prepared to anticipate a need to col-
lectively reduce water deliveries from Russian River System supparted by Lake Sonoma by at least twenty percent (29%1, beginning
In May or June of 2022; and
WHEREAS, the anticipated need for lr a eased use and reliance on the City's groundwater resources, as part of the overall regional
effort to menage drought and its impacts, makes efforts to protect the Chy's groundwater resources, Including ail of its wellhead
areas. urgent and immediately necessary for the protection of public health and safety of the entire population of the City of Rohnert
Park, In order to ensure the availability of an adequate water supply for the entire population: and
WHEREAS, California's Drinking Water Source Assessment and Prolact cin (DWSAP) goidence, as mandated the federal Safe Drink-
ing Water Act, recommends that jurLsdictiens impose a 600 foot wellhead protection area around existing public water supply wells to
protect from mlcrobialogical contaminants far unfractured aquifem and the City's wells are located In an unfractured aquifer making_
the imposition of sueh measures appropriate; and
WHEREAS, protecting areas around operating ground wails from contaminants is essential to ensure the safe operations of such
wells, and pravent biological and other contaminants from entering Into the public water supply; and
WHEREAS. in accordance with Title 22, California Code of Regulations section 64430 (the California Groundwater Rule) and asso-
dated federal regulations, the City regularly cooperates with the state of California to perform sanitary surveys of its groundwater
system irrciuding all well sites and wellhead protection facilities, in the manner required by law; and
WHEREAS, encampments of unhoused persons in the City have already created deposits of human waste, hazardous materials,
and general trash and debris at certain City wellhead areas, resulting in City staff closing down the operation of certain facilities as a
protective measure until such hazards are addressed; and
WHEREAS, enactment of such regulations would allowthe City to adequate prevent and address such hazards to the public water
supply; and
WHEREAS, based on the results of sanitary surveys conducted at City facilities. City staff is recommending that the City formally
codify wellhead protection requirements to protect groundwater quality. to protect public health, to ensure compliance W& all state
and federal regoleftns and Its water system permit, and to ensure the ability of the City to operate all wells during the ongoing drought
NOW THEREFORE, the City Council of the City of Rohnert Park does ordain as follows:
Section 1. Recitals. The above recitals are adopted as findings of the City Council in enacting this ordinance.
Section 2. Env iron mental Review. The City Council determines that the basic purpose of this action is to protest the
public health: safety, and general vRifare, to protect groundwa€er specifically, and to ansure the availablity of groundwater and the
aWity to safety operate existing wens for the public orate: system, and therefore is an action farthe protection of the env irmimontand
is categorically exempt pursuantto CEQA Guidelines section 15307 (protection of natural resources] and 15308 (salons by regulatory
agencies for the protectlon of environment). In addition, the City Council finds the approval of this ordinance is exempt under the
"common sense" exemption because i( does nut Involve the construction or alteration of facilities and has no potential for resulting
in direct or indirect significant affect on the env!rornnent, as described In CEOA Guidelines s_-ctlon 15061(b)(31. Staff are directed to
File a notice of exemption for this Ordinance.
Section 3. Enactment of Rohnert Park Municipal Code Section 13.02.120 - Wellhead Protection. Section 13.02.120 -
Wellhead Protection, is enacted to read in its entirety as follows:
Section 13.02.120 -Wellhead Protection
A. The purpose of this section is to insure the provision of a safe and sanitary drinking water supply for the city by (be
establishment of wellhead protection zones surrounding all wells which are the supply sources for the city water system.
B. As used in this section, the following words and phrases shall have the meanings given in this section:
Camping means residing or occupying any tent or any unpermilted structure or otherwise using property as a place of
residence or accommodation. For purposes of this section, use as a residence Or place of accommodation may be
presumed, where it teasonably appears in light of all of the circumstances. that a person is using space for living
accommodation purposes, by engaging In more than one of the following activities: possession of any tent or materia€s
for ranstruction of an unpermitted structure: erection of any tent or unpermitted structure: having possession any
sleeping bag, bedroll, blanket pll€ows; having possession of kitchen utensils, cookware, or cooking aquipmenk
engaging in the preparation of or cooking of meals; sleeping; making preparations for sleep such as laying down
of bedding materials; and staring personal property Including luggage, backpacks, or other personal Items.
Hazardous waste or material. Any waste or material which. because of its quantity, concentration or physical, chemica:
or infectious characteristics, may cause or significantly contribute to an Increase In mortality or an increase in serlous
irreversible a imapacitating reversible illness; or pose a substantial present a potential hazard to human health or tc
the environment when Improperly treated, stared, transported, disposed of or Otherwise managed, Hazardous waste
specifically includes such hazardous wastes subject to federal or state regulation as a hamrdous waste. including under
40 C.F.R. § 261.3 or 22 Cal. Code. Regs. 66261.3, and hazardous material specifically includes agricultural pesticides snc
all materials regulated by the Secrelary of Transportation under hazardous materials transport laws. 49 U.S,C. 5103 ens
49 C.F.R.171.8.
Wellhead. The upper terminal of a well, including adapters, ports, seals, valves, and other attachments.
C. The following are prohibited within 600 feet in any direction from any wellhead used by the City for water supply:
1. Camping on any public property.
2. Urination or defection, except in a toilet or urinal connected to a sanitary sewer or some other waste disposal
system permitted by the City.
3. Depositing, bury, or otherwise disposing of any trash, litter, debris, refuse or waste matter on the ground.
4. Surface use, storage, or disposal, of any hazardous waste or material on the ground.
Section 4. Amendment of Rohnert Park Municipal Code Section 13.06.040. Section 13.06.040 -Violation - Add
Remedy, is amended to read in its entirety as follows.
13.06.040 - Violation —Additional remedies.
A. Any violation of Chapters 13.02 through 13.05 municipal code, and any other adopted ordinances. rules and
regulations of the city with respect to use of water from the City water system, includirtg violation of a mandatory
water conservation measure imposed during a declared perlod of drought pursuant, to arry water shortage contingency
plan, shall be subject to enforcement as misdemeanor or as an infraction in a=rdance with subsecton 1.16.010 of
this code. Every day any violation occurs or continues shall be deemed a separate offense.
B. Violations described above are deemed and declared to be a public nuisance and maybe subject to abatement in
accordance with Chapter 1.24 of this code.
Section 5. Severability. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase
of this ordinance is severable. 9 any section, paragraph, sentence, clause or phrase of this ordinance Is for any reason found to be
invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionallty of the remaining sec
darts, paragraphs, sentences, clauses, or phrases.
Section 6. Effective Date. This ordinance shall be in full force and effective Immediately after its adoption.
Section 7. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required In,
This ordinance was introduced and adopted by the Council of the City of Rohnert Park on May 10, 2022, by the following roll ca!
AYES: (4) Four:
Councilmembers Hollingsworth -Adams, Giudice, Stafford, and Mayor Elward
NOES: (0) Zero
ABSENT. (1)
Vice Mayor Linares
ABSTAIN: (0) Zero
Jackie Elward,
Mayor
City of Rohnert Park
ATTEST:
Elizabeth Machado,
�� ._:
Deputy City Clerk
u '
APPROVED AS TO FORM:
e
Michelle Marchetta Kenyon,
City Attorney
�,,,.,R-.�
20
PublGsh Date: May 13, 2022
•
ORDINANCE NO. 965
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK AMENDING TITLE 13 OF THE ROHNERT PARK MUNICIPAL CODE TO
ENACT WELLHEAD PROTECTIONS REGULATIONS BY ADDING SECTION
13.02.120 (WELLHEAD PROTECTION) AND AMENDING SECTION 13.06.040
(VIOLATION—ADDITIONAL REMEDIES)
WHEREAS,the City of Rohnert Park (City) operates a public water system as defined
by California Health and Safety Code Section 116275 under permit issued by the California State
Water Quality Control Board, Division of Drinking Water; and
WHEREAS,the City's public water system includes potable water produced by and
purchased from Sonoma County Water Agency (Sonoma Water), potable groundwater produced
by the City and recycled water produced by and purchased from the City of Santa Rosa
Subregional System; and
WHEREAS, whereas, the City's local groundwater wellfield includes over forty (40)
groundwater wells, twenty-nine (29) of which are currently active; and
WHEREAS, on April 21, 2021, Governor Gavin Newsom signed a declaration declaring
a state of emergency in the County of Sonoma due to ongoing drought conditions in the Russian
River watershed; and
WHEREAS, on April 27, 2021, the Sonoma County Board of Supervisors adopted a
local resolution proclaiming a state of drought emergency in the County of Sonoma due to
ongoing drought conditions in the Russian River watershed; and
WHEREAS, Sonoma County is in the midst of a severe multi-year drought and Sonoma
Water's primary water supply reservoir, Lake Sonoma, is near the lowest reservoir levels
recorded in its operational history; and
WHEREAS, to manage demands on its water system under drought conditions, Sonoma
Water is expected to file a Temporary Urgency Change Petition, with the State Water Board's
Division of Water Rights to reduce required releases from Lake Sonoma; and
WHEREAS, based on Sonoma Water's water rights permits and the regulatory history of
previous Temporary Urgency Change Petitions, Sonoma Water has informed its contractors
(which include the City of Rohnert Park) to be prepared to anticipate a need to collectively
reduce water deliveries from Russian River System supported by Lake Sonoma by at least
twenty percent (20%), beginning in May or June of 2022; and
WHEREAS, the anticipated need for increased use and reliance on the City's
groundwater resources, as part of the overall regional effort to manage drought and its impacts,
makes efforts to protect the City's groundwater resources, including all of its wellhead areas,
urgent and immediately necessary for the protection of public health and safety of the entire
population of the City of Rohnert Park, in order to ensure the availability of an adequate water
supply for the entire population; and
WHEREAS, California's Drinking Water Source Assessment and Protection(DWSAP)
guidance, as mandated the federal Safe Drinking Water Act, recommends that jurisdictions
impose a 600 foot wellhead protection area around existing public water supply wells to protect
from microbiological contaminants for unfractured aquifers, and the City's wells are located in
an unfractured aquifer making the imposition of such measures appropriate; and
WHEREAS,protecting areas around operating ground wells from contaminants is
essential to ensure the safe operations of such wells, and prevent biological and other
contaminants from entering into the public water supply; and
WHEREAS, in accordance with Title 22, California Code of Regulations section 64430
(the California Groundwater Rule) and associated federal regulations, the City regularly
cooperates with the state of California to perform sanitary surveys of its groundwater system
including all well sites and wellhead protection facilities, in the manner required by law; and
WHEREAS, encampments of unhoused persons in the City have already created
deposits of human waste, hazardous materials, and general trash and debris at certain City
wellhead areas, resulting in City staff closing down the operation of certain facilities as a
protective measure until such hazards are addressed; and
WHEREAS, enactment of such regulations would allow the City to adequate prevent
and address such hazards to the public water supply; and
WHEREAS, based on the results of sanitary surveys conducted at City facilities, City
staff is recommending that the City formally codify wellhead protection requirements to protect
groundwater quality, to protect public health, to ensure compliance with all state and federal
regulations and its water system permit, and to ensure the ability of the City to operate all wells
during the ongoing drought emergency;
NOW THEREFORE,the City Council of the City of Rohnert Park does ordain as
follows:
Section 1. Recitals. The above recitals are adopted as findings of the City Council in
enacting this ordinance.
Section 2. Environmental Review. The City Council determines that the basic
purpose of this action is to protect the public health, safety, and general welfare, to protect
groundwater specifically, and to ensure the availability of groundwater and the ability to safely
operate existing wells for the public water system, and therefore is an action for the protection of
the environment and is categorically exempt pursuant to CEQA Guidelines section 15307
(protection of natural resources) and 15308 (actions by regulatory agencies for the protection of
environment). In addition, the City Council finds the approval of this ordinance is exempt under
the "common sense" exemption because it does not involve the construction or alteration of
facilities and has no potential for resulting in direct or indirect significant effect on the
environment, as described in CEQA Guidelines section 15061(b)(3). Staff are directed to file a
notice of exemption for this Ordinance.
Section 3. Enactment of Rohnert Park Municipal Code Section 13.02.120—
Wellhead Protection. Section 13.02.120—Wellhead Protection, is enacted to read in its entirety
as follows:
Ordinance No. 965
2
Section 13.02.120—Wellhead Protection
A. The purpose of this section is to insure the provision of a safe and sanitary
drinking water supply for the city by the establishment of wellhead protection zones
surrounding all wells which are the supply sources for the city water system.
B. As used in this section, the following words and phrases shall have the meanings
given in this section:
Camping means residing or occupying any tent or any unpermitted structure or
otherwise using property as a place of residence or accommodation. For purposes
of this section, use as a residence or place of accommodation may be presumed,
where it reasonably appears in light of all of the circumstances, that a person is
using space for living accommodation purposes, by engaging in more than one of
the following activities: possession of any tent or materials for construction of an
unpermitted structure; erection of any tent or unpermitted structure; having
possession any sleeping bag, bedroll, blanket, pillows; having possession of
kitchen utensils, cookware, or cooking equipment; engaging in the preparation of
or cooking of meals; sleeping; making preparations for sleep such as laying down
of bedding materials; and storing personal property including luggage, backpacks,
or other personal items.
Hazardous waste or material. Any waste or material which, because of its
quantity, concentration or physical, chemical or infectious characteristics, may
cause or significantly contribute to an increase in mortality or an increase in
serious irreversible or incapacitating reversible illness; or pose a substantial
present or potential hazard to human health or to the environment when
improperly treated, stored, transported, disposed of or otherwise managed.
Hazardous waste specifically includes such hazardous wastes subject to federal
or state regulation as a hazardous waste, including under 40 C.F.R. § 261.3 or 22
Cal. Code. Regs. 66261.3, and hazardous material specifically includes
agricultural pesticides and all materials regulated by the Secretary of
Transportation under hazardous materials transport laws, 49 U.S.C. 5103 and 49
C.F.R. 171.8.
Wellhead. The upper terminal of a well, including adapters, ports, seals, valves,
and other attachments.
C. The following are prohibited within 600 feet in any direction from any wellhead
used by the City for water supply:
1. Camping on any public property.
2. Urination or defection, except in a toilet or urinal connected to a sanitary
sewer or some other waste disposal system permitted by the City.
3. Depositing, bury, or otherwise disposing of any trash, litter, debris,
refuse or waste matter on the ground.
4. Surface use, storage, or disposal, of ally hazardous waste or material
the ground.
Ordinance No. 965
3
Section 4. Amendment of Rohnert Park Municipal Code Section 13.06.040. Section
13.06.040—Violation—Additional Remedy, is amended to read in its entirety as follows.
13.06.040 - Violation—Additional remedies.
A. Any violation of Chapters 13.02 through 13.05 municipal code, and any other
adopted ordinances, rules and regulations of the city with respect to use of water from
the City water system, including violation of a mandatory water conservation measure
imposed during a declared period of drought pursuant to any water shortage
contingency plan, shall be subject to enforcement as misdemeanor or as an infraction in
accordance with subsection 1.16.010 of this code. Every day any violation occurs or
continues shall be deemed a separate offense.
B. Violations described above are deemed and declared to be a public nuisance and
may be subject to abatement in accordance with Chapter 1.24 of this code.
Section 5. Severability. The City Council hereby declares that every section,
paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph,
sentence, clause or phrase of this ordinance is for any reason found to be invalid or
unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or
constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.
Section 6. Effective Date. This ordinance shall be in full force and effective
immediately after its adoption.
Section 7. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
This ordinance was introduced and adopted by the Council of the City of Rohnert Park on
May 10, 2022, by the following roll call vote:
AYES: CuvfGlmernberc &RAJ'c:e-, kbkl,ngswnr-+fin-Adams, kczf�Yd, a+ -1 4OX
NOES:IO)Zero
ABSENT: VIC,e hACu.tor UnCxe,S
ABSTAIN: (c)Zeir o
CITY OF ROHNERT PARK
J ckie El r ,
ATTEST:
Elizabeth Machado, Deputy City Clerk
Ordinance No.965
4
APPROVED A FO
Michelle Marchetta Kenyon, City Attorney
Ordinance No. 965
5