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2008/08/12 City Council Resolution 2008-127RESOLUTION NO. 2008-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REPEALING AND REPLACING RESOLUTION 2006 -278 AND UPDATING THE SEWER CAPACITY CHARGES FOR ALL DEVELOPMENT WITHIN THE CITY OF ROHNERT PARK WHEREAS, on November 28, 2006, the City Council of the City of Rohnert Park ( "City ") conducted a duly noticed Public Hearing to receive and consider public comments on its City of Rohnert Park Sewer Capacity Charge Analysis; WHEREAS upon completion of that hearing the City Council approved the Sewer Capacity Charge Analysis; Ordinance No. 772 modifying Chapter 13.08, 13.12 and 13.40 of the Municipal Code, adding Chapter 13.42 to the Municipal Code and repealing Chapter 13.60 of the Municipal Code; and Resolution No. 2006 -278 updating Sewer Capacity Charges consistent with the City of Rohnert Park Sewer Capacity Charge Analysis; WHEREAS, these actions were taken to conform with the General Plan policies requiring that new development pay for its impacts; WHEREAS, Resolution No. 2006 -278 includes provisions that allow the Sewer Capacity Charges to be updated for inflation; and WHEREAS, the increase in the Engineering News Record Construction Cost Index between November 2006 and June 2008 was 1.79 %. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City that: A. Amount of Charge. The Sewer Capacity Charges for various classes of land use are adjusted for inflation as set forth below. Land Use Class Sewer Capacity Charge Single Family Residential (including duplexes) $12,420.73/unit Multi- Family Residential (including senior housing, assisted living and mobile homes) $8,370.50 /unit Canon Manor Single Family Residential $12,420.73/unit Non- Residential Land Uses $54.00 /gallon B. Procedures for Calculating Non - Residential Charges. The Sewer Capacity Charge for Non - Residential Land Uses shall be based upon the average daily flow rate in gallons under the Average Dry Weather Flow conditions as determined by the City Engineer. In making his /her determination, the City Engineer will utilize the schedule included herein as Attachment A. Requests for adjustments to the City Engineer's determination shall be made in accordance with Section 13.40.060 of the Municipal Code. C. Use of the Charge. The Sewer Capacity Charge revenue shall be used to fund the City's share of Santa Rosa Subregional System's Incremental Recycled Water Program (IRWP) capacity expansion projects, including all planning, design, construction, administration, and financing costs, as such projects are undertaken and such costs are incurred. D. Inflation Increase. The Sewer Capacity Charge may be increased annually each year hereafter in accordance with any increases in the Engineering News Record Construction Cost Index for the San Francisco Bay Area. E. Fee Review. Annually, as part of the budget process, the City Manager shall review the estimated cost of the described capital improvements, the continued need for those improvements and the reasonable relationship between such need and the impacts of the various types of development pending or anticipated and for which this fee is charged. The City Manager shall report his or her findings to the City Council at a noticed public hearing and recommend any adjustment to this fee or other action as may be needed. F. Judicial Action to Challenge this Resolution. Any judicial action or proceeding to attack, review, set aside, void or annul this resolution shall be brought within 120 days of the date of adoption of this resolution. G. Severability. If any provision or clause, or paragraph of this resolution or the imposition of a Sewer Capacity Charge for any project contained in the City of Rohnert Park Sewer Capacity Charge Analysis or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this resolution or other charges levied by this resolution which can be given effect without the invalid provisions or application of charges, and to this end the provisions of the resolution are declared to be severable. H. Repeal. Resolution Numbers 2006 -278 is hereby repealed. I. Effective Date. This Resolution shall take effect sixty (60) days after its adoption. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 12ffi day of August 2008. ATTEST: r CITY OF ROHNERT PARK ERr pqR� ayor illy LIFORN� BREEZE: ABSENT SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0) Attachment A Non - Residential Flow Rate Schedule Type of Use Gal/Day/Unit A. Restaurants 1. Sit -down (served) 24/hr /day 35.0 gal/day/seat Other 20.0 gal /day /seat 2. Fast -Food 24 /hr /day 0.8 gal /day /fit $ .F.� . Other 0.5 gal/day/5W,5,, P4,, B. Carwash 1. With 65% recycle 10.0 gal/day/car 2. No recycled 25.0 gal /day /car C. Laundromat 200.0 gal /day /machine D. Other 1. Water Closet (toilet) 30gal /day /fixture 2. Urinal 15.0 gal /day /fixture 3. Lavatory 7.5 gal/day/fixture (washbasin/sink) 4. Floor Drain 7.5 gal/day/fixture 5. Drinking Fountain 7.5 gal /day /fixture 6. Shower 15.0 gal/day/fixture 7. Bathtub 15.0 gal /day /fixture 8. Dishwasher 15.0 gal /day /fixture 9. Washing Machine 25.0 gal /day /fixture ' � is � - 50 •(?o. Q�- � ---- -� ��es - .�.� ti^,1..:..;.,-- ��e�'Q�►��- �t \ ep ��, 2-1 0� y �3� 006, ai8 CITY OF ROHNERT PARK 4' %01- NON - Residential Sewer Service Connection Fee Calculation Form Number Total Daily Flow Gal /Day /Unit of-Units in Gallons A. RESTAURANTS 1. Sit -down (served) . 24 hr /day 35.0 gal /day /seat Other 20.0 gal /day /seat 2. Fast -Food 24 hr /day 0.8 gai /day /sq.ft. Other 0.5 gal /day /sq.ft $ B. CARWASH 1. With 65% recycle 10.0 gal /day /car $ 2. No recycle 25.0 gal /day /car C. LAUNDROMAT 200.0 gal /day /machine $ D. OTHER 1. Water closet (toilet) 30.0 gal /day /fixture $ 2. Urinal 15.0 gal /day /fixture $ 3. Lavatory (washbasin /sink 7.5 gal/day/fixture $ 4. Floor brain 7.5 gal /day /fixture 5. Drinking Fountain 7.5 gal /day /fixture 6. Shower 15.0 gal /day /fixture $ 7. Bathtub 15.0 gal /day %fixture $ 8. Dishwasher 15.0 gal /day / flxture $ i 9. Washing Machine 25,0 gal /day /fixture $ 10. 11. z w 0 � x6 a z N O Z t - . Q rn0"�a> Qw T LL �av yp Pyca N i p N N v �i�E -QdtiiL w