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2014/06/24 City Council Resolution 2014-073RESOLUTION NO. 2014 -073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ADJUSTING THE 2013/2014 WINTER AVERAGE /SEWER CAP USED TO CALCULATE RESIDENTIAL WASTEWATER FLOW CHARGES DUE TO THE DROUGHT WHEREAS; The City of Rohnert Park (City) provides sewer services to residents, businesses, and other users, and charges rate payers for the service provided; and, WHEREAS, The City adopts sewer service charges by ordinance, including amounts and calculation methods; and WHEREAS, the City adopted Ordinance No. 837 on May 24"', 2011 which authorizes the establishment of sewer rate charges for residential users based upon the lower of actual monthly water usage or the most recent average winter monthly water use from billing cycles in December, January, and February; and WHEREAS, the City currently charges by the most recent average winter rate; and WHEREAS, the City Council may, under Section 13.42.035(D), make the determination that special circumstances exist that authorize the calculation method to be modified by resolution to fix equitable rates; and WHEREAS, Governor Brown declared a drought state of emergency on January 17, 2014; and WHEREAS, declared droughts typically result in higher use of domestic water for irrigation purposes than typical winters; and WHEREAS, in a prior drought, the Council found that Section 4 of Ordinance No. 837 could be interpreted to allow the winter average /sewer cap to be based upon the most recent winter or the winter immediately prior thereto, whichever was lower; and WHEREAS, the City Council considered a report on the 2013 -2014 winter average sewer cap at a duly noticed regular meeting on June 24, 2014 and considered allowing a similar interpretation given the abnormal drought conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby authorize and approve: The use of the lower value between the winter averages for fiscal year 2012/2013 and winter averages for fiscal year 2013/2014 in determining the appropriate billing for residential sewer services in fiscal year 2014/2015 under Section 4 of Ordinance No. 837; 2. Adjustments to sewer user billings according to the above, as a result of the special circumstance of a drought having been declared. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to make adjustments to sewer accounts to provide billing according to the special circumstances. DULY AND REGULARLY ADOPTED this 24`x' day of June, 2014. '; irfr: z ° 1 ATTEST: OoAnne M. Buergler, City Clem` CITY OF ROHNERT PARK Joseph 1 . Callinan, Mayor BELFORTE: CUJ MACKENZIE: CVI '' STAFFORD: AHANOTU: (vZLA' CALLINAN: aLll' ` AYES: ( � -() NOES: ( C ) ABSENT: ( ( ) ABSTAIINN:v( C. ) �7 2014 -073