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2015/04/28 City Council Ordinance 884ORDINANCE NO. 884 AN ORDINANCE AMENDING CHAPTER 13.04 OF THE CITY OF ROHNERT PARK MUNICIPAL CODE (CITY WATER SYSTEM) TO INCREASE WATER SERVICE RATES WHEREAS, Section 13.04.030 of the Rohnert Park Municipal Code provides that the City Council shall, by ordinance, establish rates for the sale of water; and WHEREAS, the City wishes to increase water service rates effective July 1, 2015; and WHEREAS, the City has identified the parcels upon which the charges will be imposed, calculated the amount of the charge to be imposed on each parcel, and mailed written notice to all parcels, wherein the City provided notice of the proposed charges, the amount of the proposed charges, the basis for the calculation, the reason for the charge, and the date, time, and location for a public hearing on the proposed charges not less than 45 days after the notice; and WHEREAS, the City Council held the duly noticed public hearing and considered all written protests; and WHEREAS, written protests against the water rates were not presented by a majority of the affected parcels; NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby ordain as follows: SECTION 1: Findings. A. The above recitals are incorporated herein as if set forth herein in full and each is relied upon independently by the City Council for its adoption of this Ordinance. In accordance with Article XIII D, Section 6(b), of the California Constitution, the City Council finds that: B. The revenues derived from the water service charges shall not exceed the funds required to provide water service, because the rates are calculated to allow the City to recover its costs. C. The revenues derived from the water service charge will not be used for any purpose other than that for which the charge is imposed, because the revenue will be kept in a separate fund used only for costs related to the provision of water service. D. The amount of the charge does not exceed the proportional cost of the water service attributable to each parcel, because it is based upon necessary pipe size and water consumption. E. The water service charge will not be imposed upon parcels for which water service is not immediately available. F. The water service charge will be used to enable the City to provide water service rather than general governmental services. SECTION 2. Adoption of Increased Water Service Rates. The following water service rate schedules are adopted in accordance with Section 13.04.030 of the Rohnert Park Municipal Code after mailed notice and a public hearing, to be effective July 1, 2015: Monthly Fire Protection Service Charge July 2015 Water Usage Rate ($/gallon) $ 22.66 3" riser Single Family Residential 4" riser $ 36.06 Tier 1 (0 to 4,000 gal/mo) $ 0.00270 Tier 2 (above 4,000 gal/mo) $ 0.00367 Multi- Family and Non- Residential $ 79.32 12" riser All Water Usage $ 0.00315 Monthly Service Charge 1" meter or less $ 18.99 11/2" meter $ 34.78 2" meter $ 53.73 3" meter $ 97.93 4" meter $ 161.08 6" meter $ 318.96 8" meter $ 508.41 Monthly Fire Protection Service Charge 2" riser $ 22.66 3" riser $ 28.84 4" riser $ 36.06 5" riser $ 44.30 6" riser $ 48.42 8" riser $ 65.92 10" riser $ 79.32 12" riser $ 92.70 SECTION 3: Annual Increase. Beginning January 2016 and each year after through 2020, the water rates shall be automatically adjusted to reflect the changes in the water usage rates imposed by the Sonoma County Water Agency, and to also reflect the annual adjustment in the Consumer Price Index, as calculated by the US Bureau of Labor Statistics for the San Francisco -Oakland - San Jose area (Series CUURA422SA0). Both rates will automatically increase for a period of five years. SECTION 4: Environmental Review. This ordinance is not a project within the meaning of Section 15378 of the CEQA (California Environmental Quality Act) Guidelines, because it has no potential for resulting in physical change in the environment, directly or ultimately. In the event that this ordinance is found to be a project under CEQA, it is subject to the CEQA exemptions contained in CEQA Guidelines section 15273 (a), because it constitutes the establishment of charges for the purpose of obtaining funds to meet the water utility's financial and service obligations for ongoing operation and maintenance, debt service, and capital improvements within existing service areas, and CEQA Guidelines section 15061 (b) (3), because it can be seen with certainty to have no possibility of a significant effect on the environment. SECTION 5: Severability. The City Council hereby declares that every section, paragraph, sentence, clause and phrase 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 6: Effective Date: This ordinance shall be in full force and effective 30 days after its adoption and shall be published and posted as required by law. SECTION 7: Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. This ordinance was introduced by the Council of the City of Rohnert Park on April 14, 2015 and adopted on April 28, 2015 by the following roll call vote: AYES: Five (5) Councilmembers Callinan, Stafford, Mackenzie, Belforte and Mayor Ahanotu NOES: None (0) ABSENT: None (0) ABSTAIN: None (0) CI RO N RT PARK - Mayor ATTEST: � r I l� Poe& CERTIFICATION OF PUBLICATION IN "The Community VOICE" (Published every Friday) 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. 884 STATE OF CALIFORNIA, The undersigned does hereby certify and declare: 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 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 newspaper of general circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code; its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the State of California, in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County and State at regular intervals for more than one year preceding 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 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 of Rohnert Park, Summary of Ordinance No. 884" of which the annexed is a printed copy, was published in said newspaper at least _1_ consecutive time(s), commencing on the 8 day May 12015, and ending on the 8 day of May 2015. I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct. EXECUTED this 8 day of May 2015 at Rohnert Park, California Signed . ...... .... Claudia Smith Chief Clerk AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) ) ss County of Sonoma ) JoAnne Buergler, under penalty of perjury, deposes and says: That she is, and during all times herein mentioned was, the duly acting and qualified City Clerk of the City of Rohnert Park, Sonoma County, California; and that on the 6th day of May , 2015, she posted and had published full, true, and correct copies of ORDINANCE NO. 884 AN ORDINANCE AMENDING CHAPTER 13.04 OF THE CITY OF ROHNERT PARK MUNICIPAL CODE (CITY WATER SYSTEM)TO INCREASE WATER SERVICE RATES , in five (5) public places in said City, to: City Hall 130 Avram Avenue Public Safety Main Station 500 City Hall Drive Rohnert Park Community Center 5401 Snyder Lane Rohnert Park - Cotati Regional Library 6250 Lynne Conde Way www.rpcitV.org for website posting yCerk l Subscribed and sworn to before me this day of June _2015. 0&vfs2 � sai Carrie Willis, Administrative Assistant