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HomeMy WebLinkAboutCity Council Minutes 01/24/1977January 24, 1977 ADJOURNED MEETING An Adjourned Meeting of the Petaluma City Council was called to order by Mayor Helen Putnam at 7:35 p.m. - ROLL CALL Present: Councilmen Brunner, Cavanagh,.Harberson, Hilligoss, Mattei, Perry, and Mayor Putnam Absent: None APPROVAL OF MINUTES The Minutes of the Regular Meeting of January 3, 1977, were approved as mailed. The Minutes of the Adjourned Meeting of January 10, 1977, were approved as corrected. LETTER FROM LAFCO A letter dated January 12, 1977, to the City Council regardini RE: LAKEVILLE reconsideration of the request by Lakeville Growers for annex - GROWERS - ation to County Service Area No. 19 was read by the City Clerk PENNGROVE SEWER and ordered filed. SERVICE AREA The Council discussed the letter in general terms; however, it was determined the matter had been thoroughly aired at the Council meeting of January 3, 1977, and no new proposal.was.brought forth in the January 12, 1977, letter from LAFCO. A draft of a proposed letter responding to the request by LAFCO was read by Community Development and Services Coordinator Frank Gray. Council made suggestions for additions to the letter, and the City Clerk was directed to prepare the letter for the Mayor's signature. The letter reaffirms the position taken on January 3, 1977, wherein it was felt planning and .zoning for an area should-take place before utility extension. Mr. Philip Joerger spoke regarding the matter. He was under the impression the City was not willing to annex the parcel to the City;"however, it was explained tq hire the matter of concern was that of.annexing the parcel to County Service Area No.. 19 (Penngrove sewer) for which Petaluma had previously established boundaries for acceptance of sewage. The denial of this request is consistant with previous Council policy. APPROVE AGREEMENT Mr. John.'.0.. Nelson of the North Marin County Water District Foi/� SCWA, ROHNERT PARK distributed copies of a final draft form of an agreement NORTH MARIN WATER proposed to be drawn up for the City of Rohnert Park, City DISTRICT & PETALUMA of Petaluma, and the North Marin County Water District for RES /7650 NCS the construction of two water wells in the Rohnert Park - area. Mr. Nelson stated the City of Rohnert Park had intended to build these two wells next year and have been building additional wells on a'continuing basis. Mr.. Nelson stated the Sonoma County Water Agency had endorsed the agreement at their meeting today; and at the conclusion of the Petaluma City Council Meeting of this evening,, he would then proceed to Rohnert Park to make a presentation to the Rohnert Park City Council. A tentative agreement has*been reached to have the City of Petaluma and the North Maria. County Water District finance the construction of the two wells, take the risk of construction, and Rohnert Park would then buy'them back on March 1, 1978. Petaluma and North Marro County Water District would share the cost and benefits of the wells from now until March 1, 1978. Mr. Nelson stated he was hopeful the wells would begin producing by June 1, 1977. Capacity is estimated to be .3 million gallons per day or as high as .45 million gallons.per day if the wells are dug deep enough. The State experts indicated more water would be available if the deeper wells are dug. Mr. Nelson stated one o.f._the important parts of the agree- ment would be that in addition to the water produced from the two proposed wells, Rohnert Park has twelve additional wells which have a sufficient capacity on an annual basis to supply their needs. There is a tremendous demand during the summer .peak months for water in Rohnert Park; on an overall annual basis, there is a surplus and Rohnert Park has agreed to permit the surplus to flow to Petaluma APPROVE AGREEMENT and the County Water District,at a cost. SCWA, ROHNERT PARK of the water and the maintenance and pumping expenses.. NORTH MARIN ... WATER DISTRICT PETAbUMA The construction cost estimate for each well is RES 17650 NCS $150,00:0. '-The"two agencies would advance the money (CONT'•D) to Rohnert Park. On 1, 1978, Rohnert Park would 'reimburse either in a lump sum or enter into a contractual agreement to pay -back over a 5 -year period at the interest rates which Petaluma or North Marin County would receive on investments: Mr. 'Nelson -stated are liab=ility risks involved. He -feels they are r.eason- able.tisks,, however, -in view of what the communities have to face in trying to supply :the -needs for water during the coming summer. The difficulty arises in. taking water temporarily-from one ground water basin land transporting it some- where else. Generally, groundwater law in California provides tha -t the people who own'the water are the landowners over the water basin. This is an emergency short -term project,. Mr. Nelson indicated he did not feel a lawsuit would hold up given the emergency status in the State of.California. On a long -term basis_, Rohnert Park would be_owner of the wells. Mr. Nelson indicated a proposal had been made about three years ago for the'Sonoma-County Water Agency to build additional wells in Rohnert Park and'had' received opposition from landowners And agricultural people in the area. The Agency then withdrew from their., proposal; but Rohnert-Park proceeded to build the wells., the matter did, go to Court,and Rohnert Park won the suit. Mr. Nelson indicated most of the wells in the area are from 60 to 100 feet, and Rohnert Park'has deep wells. The proposed,wells are intended to try to reach the Merced formation "is deeper yet than the wells presently in use' at Rohnert Park. Mr. Nelson stated the `Sononia County Water Agency, in approving the agreement_, added an additional requirement that the water would be" placed in the aqueduct and issued through the lines to North Marin County Water District and Petaluma.. If, however., they had some "reservation after seeing the documents, ttey reserve the right to withdraw from the agreement. There was also a clause added to the agreement to.give_Rohnert Park., the North Marin County Water District ;.and the City of Petaluma this same right to withdraw after�see_* the Environment ' al -- Impact 'documents. Mr. Nelson indicated the Environmental Impact -document would not`be a lengthy report; he anticipated the City of Rohnert Park would probably "issue a Negative Declaration. Once the project has been put out to bid,, it could be under construction within 30 days and would take about 3 or 4 mont s to drill. The test hole would be drilled at the expense of the Sonoma County Water Agency and the Department of Water Resources:. The advantages for Rohnert Park would include the deduction of $5,000 per well on the payback agreement. 'kohnert Park would save the escalation costs of building the wells at a later date which is estimated at-l.0 percent or about $30,000. In addition,_ the City of Rohnert Park would not have to risk drilling the test holes... They would also.be relieved of.any expenses in defending lawsuits if the agreement was challenged in Court. At conclusion of-Mr. Nelson''s.presenta'tion, there was some discussion held by the Council. Councilman Mattei questioned why the Sonoma County Water Agency is not ,pursuing the.same efforts as the North Mar County_ Water District and the - City of Petaluma to seek additional water. Mr. Nelson stated' even getting this approved by the Agency was rather difficult as it was on a 3 to 2 split vote. In referring to additional wells, Mr. Nelson, stated the were pursuing additional sources of water in the West Santa Rosa area. These wells would be "built by the Agency'. Santa Rosa is interested in particigAting in this venture, but this would-rely on the Sonoma County Water. Agency's leadership as they would be buying the wells back. Mr. Nelson stated he was not conf} dent this would come about.. Councilman.Cavanagh asked'severa1 questions of Nelson and one was whether or not''Rohnert Park had.agreed to the contract. Mr. Nelson indicated Rohnert -2- .. APPROVE AGREEMENT Park was:meetng,toni'ght, and he expected to proceed SCWA, ROHNERT PARK from Petaluma to Rohnert Park' to discuss the matter NORTH MARIN WATER with their.Council. Councilman.Cavanagh also DISTRICT & PETALUMA questioned why'the reference to the delay in con - RES #7650 NCS sttuation of the Warm Springs Dam project had'been (CONT'p) deleted from the first draft agreement. Mr. Nelson indicated the Sonoma County Water Agency felt it should,be deleted, and the Petaluma City staff objected to it unless a written statement-had been received from the United States Corps of Engineers.. Mr-Nelson indicated he had.asked for such a letter, but to date, it has not been received. City.Manager.Ro.bert Meyer wanted to make sure the Council was aware of the fact any water produced by the two wells would figure in the City's storage and would reduce the.Cit`y's entitlement when aqueduct water is rationed. The present contract.with the Sonoma County Water Agency provides.that water in storage by any of the contractors is taken into account when water is to be rationed to the contracting agencies. City.Engineer David Young stated-the important paragraph in the proposed agreement is paragraph 12 which would make any surplus generated by the existing wells in Rohnert Park available to the City of Petaluma and North 'Mari.n County District. Mr. Young stated it is the feeling the Russian River is going to dry up. The City will get only 300,000 gallons of water per day from the aqueduct. The proposed wells would produce - approximately 1 MGD.. If the City of Petaluma could realize an additional 400,000 gallons per day, it would be quite an improvement over what would be available from Sonoma County Water Agency. Mr. Young stated the situation is very grim, and the Council is going to have to ask the people of Petaluma to undertake severe rationing., .He admitted the liability question is a serious one. If this matter can be resolved, he would urge the Council to: go ahead with the agree- ment. Councilman Cavanagh questioned why the City Engineer had made a. notation on the draft agreement to delete the-reference to the Warm Springs Dam Project. Mr. Young felt the statement was a questionable one. It may be.a true statement, but there is a segment of the population which would question it. It is not certain.whether the construction of Warm Springs Dam would be completed at this time, even if there lad`.been no opposition. The matter is debatable, and he suggested it be eliminated from the agreement. Some discussion was .held on the portion of the proposed agreement which would' exclude the Sonoma :County Water Agency and the City of Rohnert Park from any liability rising out of the agreement. Councilman Harberson questioned - whether delaying tactics, such as injunctions, could be invoked during the. period of exploration and construction City Attorney Matthew Hudson stated this is a distinct possibility. However, considering the conditions and the severe problem which the communities face,.there would have to be hearings and people would have to-show they were going to be injured by such actions. It was his opinion an injunction or a.temporary restraining order would probably not be.issued on the basis of an affidavit being filed saying the property owners "may" be injured. At the conclusion of the-discussion, Resolution' #7650 N.C.S. approving agree- ment with Sonoma County Water Agency, City of Rohnert Park, and North Marin County Water District.for water wells and authorizing the Mayor to sign was introduced by Councilman Harberson, seconded by Councilman Perry, and adopted by seven--affirmative votes. After the adoption of -the above resolution, Mr. Philip Joerger read "from -a prepared statement outlining the history of the Warm Springs Dam Project. Mr. Joerger stated, although the project has been delayed considerably over the years and would have no effect on the immediate needs, he urged the-City Council.to unify their.efforts toward water-conservation-and direct their political influence-toward-the completion of a project' which is a must if satisfactory water demands for the County are to be.met.. At the conclusion of Mr. Joerger's presentation., Councilman Cavanagh requested a,resolution.be prepared for consideration by the City Council at the February 7, 1977, ' meeting regarding the War-m'Springs Dam Project. AUTHORIZE LEASE OF City Manager Robert-Meyer advi y g. advi the Council the •�� PRIUA'TE, WELL .(BRAZIL) " former :Dempsey well,. which is now. owned by° Manuel RES X17651 NCS Brazil on Corona. Road, would_ be available to supple . meat the. City's water supply during, the emergency shortage. The owner would be willing to lease the well on the same basis as.the.'C ty has -leased the Willow Creek well. Resolution 7651.N,C S; authorizing leas private well City purposes and authorizing Mayor - to sign (Brazil) was introduced by Councilman Perry, seconded by Councilman .Hill i,goss,, and adopted by seven affirmative votes,. City Manager Robert Meyer advised the above item had not.been included as an agenda item "because the well was secured -by 'the Water Emergency Task Force. . for City purposes only this morning. He'was acting,, as directed by the Council to continue t'o- search ''for additional water. Councilman Cavanagh questioned who..were the members of. the Water Emergency Task Force, and Mr Meyer'advised they were the City Engineer, Assistant City Manager, Finance Director, Community ':Development"an'd Services Coordinator., the Director of Water Utilities Op'eration,"and himself. Mr. Meyer advised the Task Force has permission.to"make: tests 'on'faur more wells. At the present time 530, 000 gallons :peir - day- are 'being: leased. Mr; Meyer also stated it would be necessary to have additional meetings and public hearings.as the wells' are leased and as-in.dustries seek to provide some wells for their uses. 1 Mr. Ernie Curtiss stated he felt some Environmental Impact Reports should be prepared if new wells are to be drilled in the community. Some of the existing well's are only 80: ;to 100:feet deep, and he felt there would be a definite impact on,ground water levels if additional - wells were to be drilled. _ Mr. - Meyer indicated the - wells which are being leased by the City are not new wells but have been in use Eor many years throughout the area. Mr.. Curtis also indicated. he felt the .Council should take a stand on Warm Springs Dam,, and Vice= Mayor'Brunner indicated the Council has' gone on recor&.previously supporting the Mayor Putnam then stated the Councl'has 1ad,some concern regarding the Sonoma County Water Agency; however., at this time no one person•is being singled . out and the emergency affects everyone. - Mayor.Putnam stated she knows the landowners who are on wells are- concerned about "ground..water levels'. The Council.-is tryAng - o.provide water for human needs for the residents of the City of '.Petaluma.;:- RECESS' ,. Mayor Putnam called a- recess at 8:45 p.m., and the Council reconvened at 8:55 p.m. ADJOURNMENT There being no further business to, come before the Council, the meetng.was adjourned'at 9:00 p..m. to a Study Session following the Council•Meeting and to a Joint - Study 'Me eting with the Petaluma School,.Board January 31, 1977, at 7:00 p.m. a "610'Main located at 610 Petaluma Boulevard North.