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2006/11/28 City Council Resolution (8)RESOLUTION NO. 2006- 278 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ESTABLISHING A SEWER CAPACITY CHARGE FOR ALL DEVELOPMENT RECEIVING SEWER SERVICE FROM THE CITY OF ROHNERT PARK WHEREAS, on July 25, 2000 City Council of the City of Rohnert Park (City Council) adopted the Rohnert Park General Plan (General Plan); and WHEREAS, the General Plan provides that new development will provide the necessary public infrastructure and services necessary to mitigate its impacts; and WHEREAS, the City of Rohnert Park (City) is a member of the Santa Rosa Subregional Urban Reuse System (Subregional System), which provides wastewater treatment, disposal and reuse services; and WHEREAS, the Subregional System developed its Incremental Recycled Water Plan (IRWP) to provide a long -term plan to manage regulatory change and capacity expansions necessitated by member agencies of the Subregional System; and WHEREAS, the Subregional System certified the Environmental Impact Report for the IRWP and approved the IRWP Master Plan in November 2003 and March 2004 respectively; and WHERAS, the Rohnert Park Sewer Capacity Charge Analysis presented to the City Council on November 14, 2006 allocated the costs of capacity expansion projects outlined in the IRWP Master Plan to the benefiting land uses developed in the General Plan; and WHEREAS, the Sewer Capacity Charge is the mechanism by which the City will collect from new development the funds necessary to pay for the IRWP capacity expansion projects that benefit new development; and WHEREAS, on November 14, 2006 the City Council introduced and conducted the first reading of Ordinance No. 772 modifying Chapter 13.08, 13.12 and 13.40 of the Municipal Code, Adding Chapter 13.42 of the Municipal Code and repealing Chapter 13.60 of the Municipal Code, and on November 28, 2006, the City Council adopted the Ordinance; and WHEREAS, the City Council finds and determines as follows: A. The City of Rohnert Park Sewer Capacity Charge Analysis complies with California Government Code Section 66013 by establishing the basis for imposition of charges on new development. In particular, the City of Rohnert Park Sewer Capacity Charge Analysis: 1. Identifies the need for capacity expansion based upon General Plan land use goals; 2. Defines planned capacity expansion projects and their costs specifically and by reference to the IRWP Master Plan; 3. Calculates the City's share of the IRWP Master Plan capacity expansion projects; 4. Allocates the City's cost share of the IRWP Master Plan capacity expansion projects to benefiting planned land uses; 5. Demonstrates that there is no overlap between the Sewer Capacity Charge Program and other City fee programs; and 6. Demonstrates a reasonable relationship between the amount of the Sewer Capacity Charge and the benefit provided by new sewer capacity. B. The charges collected pursuant to this resolution shall be used to finance the public facilities for sewer capacity expansion described or identified in the Sewer Capacity Charge Analysis or other sewer capacity master plans as may from time to time be adopted by the City Council. C. After considering the specific IRWP facilities and cost estimates identified in the Sewer Capacity Charge Analysis, the City Council approves such project descriptions and cost estimates, and finds them reasonable as the basis for calculating and updating the Sewer Capacity Charge. D. The projects and charge methodology identified in the City of Rohnert Park Sewer Capacity Charge Analysis are consistent with the City's General Plan. E. The Capacity Charges set forth herein do not exceed the reasonable cost of providing the service. F. The City Council's approval of the Sewer Capacity Charge Analysis and Adoption of the Sewer Capacity Charges set forth below do not constitute a land use approval for any development described in the General Plan or for any pending applications. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City that: A. Amount of Charge. The Sewer Capacity Charge for various classes of land use are set forth in the City of Rohnert Park Sewer Capacity Charge Analysis and established as set forth below. The land uses classes set forth are intended to be generally consistent with the General Plan and this Land Use Framework should be consulted as necessary to support accurate determination of charges. Land Use Class Sewer Capacity Charge Single Family Residential including duplexes) $12,202/unit Multi- Family Residential (including senior housing, assisted living and mobile homes $$,223 /unit Canon Manor Single Family Residential $12,202/unit Non- Residential Land Uses $53.05/gaflon 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 or her determination, the City Engineer will utilize the flow rate 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 IRWP capacity expansion projects, including all planning, design, construction, administration, and financing costs, as such projects are undertaken and such costs are incurred by the Subregional System. D. Automatic Increase. The Sewer Capacity Charge will automatically increase on July 1 in each year hereafter in accordance with any increases in the Engineering News Record Construction Cost Index for the fiscal year ending on such July 1. E. Annual Review Provisions. In accordance with Section 13.40.040 of the Municipal Code and Section 66013 of the Government Code. Sewer Capacity Charge revenue will be deposited in a separate fund together with any interest earned on the Sewer Capacity Charge fund balance. Within 180 days after the last day of the fiscal year, the City shall prepare and make available within its annual financial report, the following information related to the Sewer Capacity Charge Fund: 1. A description of the charges deposited in the Sewer Capacity Charge Fund (Fund); 2. The beginning and ending balance of the Fund and the interest earned from investment of moneys in the fund; 3. The amount of Sewer Capacity Charges collected in that fiscal year; 4. A description of each public improvement on which Sewer Capacity Charge revenue was expended including the total cost of the public improvement, the amount of Sewer Capacity Charge revenue expended on that improvement and the percentage of the total cost that was funded by Sewer Capacity Charge revenue; 5. A description of each public improvement that is anticipated to undertaken in subsequent fiscal years; 6. A description of any interfund transfers or loans including the date upon which the loan will be repaid and the rate of interest that the Fund will receive on the loan. F. 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 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. G. 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 28th day of November , 2006 by the following vote: AYES: Four (4) Council Members Breeze, Flores, Mackenzie and Mayor Smith NOES: None (0) ABSENT: One (1) Council Member Vidak - Martinez ABSTAIN: None (0) CITY OF ROHNERT PARK . -X- - -- Mayor dim Smith ATTEST- ,r �-Cit� Attorney Attachment A Non - Residential flow Rate Schedule Type of Use Gal/Day/Unit A. Restaurants 1. Sit -down (served) 30ga1/day /fixture 24 /hr /day 35.0 gal /day /seat Other 20.0 gal /day /seat 2. Fast -Food 24 /hr /day 0.8 gal /day /s?.k. Other 0.5 gaUday /sfp. 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) 30ga1/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 10. Other Types of As determined by City Fixtures Engineer J A dcE �i £ S — .1 e••ta -� LLa D.�ot °� �Ca✓ (= � i. £ - So . ('�,, Q Fees _ „� ►'�14..,,e -.. 7o 1?.e$o/LL w. -, moo. .?.o 0 CITY OF ROHNERT PARK NON - Residential Sewer Service Connection Fee Calculation Form Number Gal /Day /Unit of Units A. RESTAURANTS 1, Sit -down (served) . 24 hr /day Other 2, Fast -Food 24 hr /day Other B. CARWASH 1. With 65% recycle 2, No recycle C. LAUNDROMAT D. OTHER 1. Water closet (toilet) 2. Urinal 3. Lavatory (washbasin /sink 4. Floor brain 5. Drinking Fountain 6. Shower 7. Bathtub 8, Dishwasher 9, Washing Machine 10, 11, J U) J a L -- 0- U C 70 o > aoi u U L L U tU i o N N z W 0 U) W M � O Z N Z U M J a U Q w m w U > d W 2 35,0 gal /day /seat $ 20.0 gal /day /seat $ 0.8 gal /day /sq.ft. $ 0.5 gal /day /sq.ft $ Total Daily Flow in Gallons 10.0 gal /day /car $ _.._ 25.0 gal /day /car $ 200.0 gal /day /machine $ 30.0 gal /day /fixture $ 15.0 gal /day /fixture $ 7.5 gal /day /fixture $ 7.5 gal /day /fixture _. _____ $ 7,5 gal /day /fixture $ 15.0 gal /day /fixture $ 15.0 gat /day /fixture $ 15.0 gal /day /fixture _ _ __,__ $ 25.0 gal /day /fixture $