Loading...
2024/10/08 City Council Ordinance 984 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. 984. Ordinance No. 984, an Ordinance of the City Council of the City of Rohnert Park, California, Approving an Amendment to Chapter 13.05 "Water Waste and Water Shortage Contingency Plan,"to Amend Section 13.05.010 and Add Section 13.05.060 to the Rohnert Park Municipal Code was published on 9/27/2024 and 10/11/2024 as required by law, and posted in five (5) public places in said City, to: www.rpcity.ord 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 9/27/2024 and 10/11/2024. The summary of Ordinance No. 984 was published in the Community Voice on 9/27/2024 and 10/11/2024 as required by law. Sylvia Lopez Cuevas, City Clerk Subscribed and sworn to before me this November 12, 2024 Elizabeth Machado, Assistant City Clerk ROHNERT PARK CERTIFICATION OF PUBLICATION IN 0 C T 4 2024 "The Community VOICE" (Published every Friday) CITY CLERK in the SUPERIOR COURT of the STATE OF CALIFORNIA In and For the County of Sonoma COUNTY OF SONOMA City Of Rohnert Park ! SUMMARY OF ORDINANCE NO.984 OF THE CITY OF ROHNERT PARK, Summary of Ordinance No.984 CALIFORNIA,APPROVING AN AMENDMENT TO CHAPTER 13.05 STATE OF CALIFORNIA, The undersigned does hereby certify and declare: "WATER WASTE AND WATER SHORTAGE CONTINGENCY PLAN," That at all times hereinafter sworn,deposes and says: That at all times y. TO AMEND SECTION 13.05.010 AND ADD hereinafter mentioned she was a-sitizea of the United States,over the age of 04, SECTION 13.05.060 TO THE ROHNERT PARK MUNICIPAL CODE 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 Pursuant to Government Code Section 36933(c),the following constitutes a summary of Ordinance No.984 introduced by the Rohnert Park City Council on September 10, newspaper of general circulation,published in the City of Rohnert Park,in said 2024,and scheduled for consideration of adoption on October 8,2024,at its meeting to County of Sonoma,State of California;that The Community VOICE is and be held in the City Council Chambers,130 Avram Avenue.,Rohnert Park,California. was at all times herein mentioned,a newspaper of general circulation as that The purpose of Ordinance No.984 Is to amend the City of Rohnert Park Municipal term is defined by Section 6000 of the Government Code;its status as such Code to adopt by reference the State's Model Water Efficient Landscape Ordinance newspaper of general circulation having been established by Court Decree No. (MWELO).The MWELO promotes water conservation through efficient landscaping prat• 35815 of the Superior Court of the State of California,in and for the County of tices.In order to comply with the Governor's Executive Order B-29.15,the City is required to adopt the State's MWELO,or a more stringent ordinance.The City has implemented Sonoma,Department No. 1 thereof;and as provided by said Section 6000,is all aspects of this ordinance,but has not adopted a separate ordinance memorializing published for the dissemination of local and telegraphic news and intelligence this requirement into the City's Municipal Code.To maintain compliance with State law, of a general character,having a bona fide subscription list of paying the City will adopt the State's MWELO by reference into the City's Municipal Code. subscribers,and is not devoted to the interest,or published for the A certified copy of the full text of the Ordinance shall be posted and available for re- entertainment or instruction of a particular class,profession,trade,calling,race view in the City Clerk's Office at 130 Avram Avenue,Rohnert Park,California and online or denomination,or for the entertainment and instruction of such classes, at http:Ucityofrohnertpark.hosted.civiclive.comlcity_hallladministrationlcity_clerklno- professions,trades,callings,races or denominations;that at all said times said tices and public hearingslpublic_notices no later than five days prior to the meeting at newspaper has been established and published in the said City of Rohnert Park, which the ordinance is being adopted. in said County and State at regular intervals for more than one year preceding This ordinance shall be in full force and effective 30 days after adoption and shall be the first publication of this notice herein mentioned;that said notice was set in published and posted as required by law.This ordinance was introduced by the Council of the City of Rohnert Park on September 10,2024,and is scheduled for consideration type not smaller than non-pareil and was preceded with words printed in black or adoption on October 8,2024 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 Dated •September 27,2024 Sylvia Lopez Cuevas, Of Rohnert Park, City Clerk Publish Date:September 27,2024 ( >> City of Rohnert Park The Community Voice "City of Rohnert Park,Summary of Ordinance No.984"of which the annexed is a printed copy,was published in said newspaper at least_1 time, commencing on the 27d' day of September,2024 and ending on the 27th day of September 2024. I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct. EXECUTED—9/27/24 Rohnert Park,California. Signed: Claudia S -th,Chief Clerk CERTIFICATION OF ROHNERT PARK PUBLICATION IN O C T 17 2024 "The Community VOICE" (Published every Friday) in the CITY CLERK SUPERIOR COURT of the STATE OF CALIFORNIA In and For the County of Sonoma COUNTY OF SONOMA SUMMARY OF ORDINANCE NO.984 OF THE CITY OF ROHNERT PARK, City Of Rohnert Park CALIFORNIA,APPROVING AN AMENDMENT TO CHAPTER 13.05"WATER Summary of Ordinance No.984 WASTE AND WATER SHORTAGE CONTINGENCY PLAN,"TO AMEND SECTION 13.05.010 AND ADD SECTION 13.05.060 STATE OF CALIFORNIA, The undersigned does hereby certify and declare: TO THE ROHNERT PARK MUNICIPAL CODE 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 Pursuant to Government Code Section 36933(c),the following constitutes a summary eighteen years and a resfilent Ofsaid county and was at all said times the iof Ordinance No.984 introduced by the Rohnert Park City Council on September 10, principal clerk of the printer and publisher of The Community VOICE,a 2024,and adopted on October 8,2024,at Its meeting to be held in the City Council Chem- newspaper of general circulation,published in the City of Rohnert Park,in said hers.130 Avram Avenue.,Rohnert Park,California. County of Sonoma,State of California;that The Community VOICE is and The purpose of Ordinance No.984 is to amend the City of Rohnert Park Municipal was at all times herein mentioned,a newspaper of general circulation as that Code to adopt by reference the State's Model Water Efficient Landscape Ordinance (MWELO).The MWELO promotes water conservation through efficient landscaping prac- term is defined by Section 6000 of the Government Code;its status as such tices.In order to comply with the Governor's Executive Order B-29-15,the City is required newspaper of general circulation having been established by Court Decree No. to adopt the State's MWELO,or a more stringent ordinance.The City has implemented 35815 of the Superior Court of the State of California,in and for the County of all aspects of this ordinance,but has not adopted a separate ordinance memorializing Sonoma,Department No. 1 thereof;and as provided by said Section 6000,is this requirement into the City's Municipal Code.To maintain compliance with State law, the City will adopt the State's MWELO by reference into the City's Municipal Code. published for the dissemination of local and telegraphic news and intelligence of a general character,having a bona fide subscription list of paying A certified copy of the full text of the Ordinance shall be posted and available for re- subscribers,and is not devoted to the interest,or published for the view in the City Clerk's Office at 130 Avram Avenue,Rohnert Park,California and online entertainment or instruction of a particular class,profession,trade,calling,race at http://cityofrohnertpark.hosted.civiclive.comlcity_hallladministrationlcity_clerkino- ina_and public hearings/public notices. or denomination,or for the entertainment and instruction of such classes, professions,trades,callings,races or denominations;that at all said times said This ordinance shall be in full force and effective 30 days after adoption and shall be newspaper has been established and published in the said City of Rohnert Park, published and posted as required by law.This ordinance was introduced by the Council of the City of Rohnert Park on September 10,2024,and adopted on October 8,2024 by in said County and State at regular intervals for more than one year preceding M.following roll call vote 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 AYES: (5) Councilmembers Elward,Rodriguez,Sanborn,Vice Mayor Giudice ao d face type no smaller than non-pareil,describing and expressing in general Mayor Adams NOES: piN None terms,the purport and character of the notice intended to be given;that the City ABSENT: (0) None Of Rohnert Park, ABSTAIN: (0) None "City of Rohnert Park,Summaryof Ordinance No.984"of which the annexed Sylvia Lopez Cuevas, " ty Dated:October 11,2024 t City Clerk is a printed copy,was published in said newspaper at least_1 time, �� \` : City of Rohnert Park commencing on the 11th day of October,2024 and ending on the 11th day of Publish Date:October 11,2024 October,2024. The Community Voice I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF pCijwyt rat the foregoing is true and correct. EXECUTED—10/11/24 Rohnert Park,California. Signed: Claudia Smi Chief Clerk ORDINANCE NO. 984 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 13.05 WATER WASTE AND WATER SHORTAGE CONTINGENCY PLAN OF THE CITY OF ROHNERT PARK MUNICIPAL CODE TO ADOPT BY REFERENCE THE CALIFORNIA STATE MODEL WATER EFFICIENT LANDSCAPE ORDINANCE, CODIFIED AT CHAPTER 2.7 OF TITLE 23 OF THE CALIFORNIA CODE OF REGULATIONS (§ 490 ET SEQ.) WHEREAS, Assembly Bill (AB) 325 of 1990 created the Water Conservation in Landscaping Act requiring the Department of Water Resources (DWR) to develop a Model Water Efficient Landscape Ordinance (MWELO). This Model Ordinance was adopted and went into effect January 1, 1993, requiring all local agencies to adopt a water efficient landscape ordinance, unless proven unnecessary, by 1993; and WHEREAS, in response to numerous drought years, the regulation has been updated multiple times to further promote water conservation through efficient landscaping practices and includes among other things, provisions for soil management, grey water usage, stormwater capture, more efficient irrigation systems, turf limits, as well as lowering the maximum applied water allowance; and WHEREAS, MWELO requires a water budget for all new or renovated landscapes and requires specific water-efficient design, construction and maintenance criteria; and WHEREAS, City of Rohnert Park has implemented all aspects of this ordinance, however, has not adopted a separate ordinance memorializing this requirement into the City's Municipal code; and WHEREAS,the State's MWELO in the form approved the California Water Commission, promotes the efficient use of water and is an appropriate model ordinance to continue to promote efficient use of water within the City and to comply with the Governor's Executive Order B-29-15 and Government Code Section 65595 NOW THEREFORE, the City Council of the City of Rohnert Park does ordain as follows: SECTION 1. Section 13.05.010 of the City of Rohnert Park Municipal Code is hereby amended in its entirety to read as follows: "13.05.010 Purpose The purpose of this chapter is to promote the efficient use of the water and recycled water supply provided by the city; to implement the water efficient landscaping requirements; to eliminate the intentional or unintentional waste of water when a reasonable alternative solution is available; to prohibit the use of equipment that is wasteful and to outline the city's policy with respect to water shortages. The provisions of this chapter shall apply to all persons, customers, and property served by the city." SECTION 2. Section 13.05.060 of the City of Rohnert Park Municipal Code is hereby added to read as follows: "13.05.060 State model water efficient landscape ordinance adoption by reference. 1 A. The California State Model Water Efficient Landscape Ordinance, codified at Title 23, Division 2, Chapter 2.7 (§ 490 et seq.) of the California Code of Regulations, and any amendments thereto, is hereby adopted and incorporated herein by reference as if fully set forth below, and shall be known and may be cited as the Water Efficient Landscape Ordinance of the City of Rohnert Park. One copy of the California State Model Water Efficient Landscape Ordinance shall be filed in the office of the Planning Division. B. The applicable provisions of Chapter 13.05 shall apply in addition to the applicable provisions of the Water Efficient Landscape Ordinance of the City of Rohnert Park. In the event of any conflict between provisions of the Water Efficient Landscape Ordinance of the City of Rohnert Park and the provisions of Chapter 13.05, the provisions that contain the more stringent water efficient landscape requirement(s) shall control." SECTION 3. 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 4. Environmental Review. The City Council finds and determines that this Ordinance is exempt from the California Environmental Quality Act(CEQA) pursuant to State CEQA Guidelines Sections 15307 and 15308, as an action taken to assure the maintenance, restoration, or enhancement of a natural resource or protection of the environment where the regulatory process involves procedures for protection of the environment. This Ordinance is limited to ensuring water efficient landscaping options to preserve water. There is no evidence to suggest that this Ordinance will result in a significant impact on the environment, including impacts due to unusual circumstances. SECTION 5. Effective Date. This ordinance shall be in full force and effective thirty(30) days after its adoption. SECTION 6. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. This ordinance was introduced on September 10, 2024, and adopted by the Council of the City of Rohnert Park on October 8, 2024, by the following roll call vote: AYES: (5) Councilmembers Elward, Rodriguez, Sanborn, Vice Giudice, and Mayor Adams NOES: (0)None ABSENT: (0)None ABSTAIN: (0)None 2 CITY OF H RT PARK Susan H. Adams, Mayo ATTEST: Sylvia Lopez Cuevas, City Cl k = `= PROVE S T FO M: MIkr‘ e le a e enyon, City Attorney 3