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2017/07/25 City Council Ordinance 907ORDINANCE NO. 907 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 on water bills rendered after October 1, 2017; 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: 1. 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. 2. 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. 3. 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. 4. The water service charge will not be imposed upon parcels for which water service is not immediately available. 5. The water service charge will be used to enable the City to provide water service rather than general governmental services. B. Water service rates as last adjusted in January 2017 shall remained in effect. In addition, the annual water rate adjustments, which began in January 2016 in accordance with Ordinance 884, shall remain in effect each year through 2020. The annual water rate adjustments are necessary 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). SECTION 2: Adoption of Capital Preservation Charge The following monthly capital preservation charges 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 on water bills rendered after October 1, 2017: Oct. 2017 Jan. 2019 Jan.2020 Jan. 2021 Jan.2022 Monthly Capital Preservation Charges 1" meter or less $ 2.50 $ 5.00 1 1/2" meter $ 5.00 $ 10.00 2" meter $ 8.00 $ 16.00 3" meter $ 15.00 $ 30.00 4" meter $ 25.00 $ 50.00 6" meter $ 50.00 $ 100.00 8" meter $ 80.00 $ 160.00 Jan. 2023 $ 7.50 $ 10.00 $ 12.50 $ 15.00 $ 15.00 $ 20.00 $ 25.00 $ 30.00 $ 24.00 $ 32.00 $ 40.00 $ 48.00 $ 45.00 $ 60.00 $ 75.00 $ 90.00 $ 75.00 $ 100.00 $ 125.00 $ 150.00 $ 150.00 $ 200.00 $ 250.00 $ 300.00 $ 240.00 $ 320.00 $ 400.00 $ 480.00 SECTION 3: Adoption of Temporary Water Shortage Rate Surcharge The following temporary water shortage rate surcharge charges, expressed as a percentage of the water usage rates, are adopted in accordance with Section 13.04.030 of the Rohnert Park Municipal Code after mailed notice and a public hearing. The monthly temporary water shortage rate surcharge charges will only be implemented when the City Council declares water shortage conditions that necessitate water use reductions exceeding 10 percent and will be discontinued when the City Council declares an end to water use restrictions. 2 Ord. 907 Service Charge Varies No change to service charges Capital Preservation Charge Varies No change to capital preservation charges Notes: (1) Temporary water shortage surcharges are incremental increases in the normal water usage rates applied during periods of water shortage, as declared by the City Council. (2) This section shows the temporary water shortage surcharges applied to the current (2017) water usage rates, for illustrative purposes. The percentages shown in this exhibit would be applied to any then -current usage rates in future years. (3) No changes to the fixed monthly service charges or capital preservation charges would be imposed as a result of declared water shortages. 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. 3 Ord. 907 Normal Stage 1 Stage 1 Stage 2 Stage 3 Supply Voluntary Mandatory Mandatory Mandator Water Use Reduction Goal --> None Up to 10% 10% to 20% 20% to 25% 25% Water Shortage Surch, (1) None None 80/0 12% 15% Water Usage Rate, with Surcharge Applied ($/gallon) (2) Single Family Residential Tier 1 (0 to 4,000 gal/mo) $ 0.00292 $ 0.00292 $ 0.00315 $ 0.00327 $ 0.00336 Tier 2 (above 4,000 gal/mo) $ 0.00396 $ 0,00396 $ 0.00428 $ 0.00444 $ 0.00455 Multi -Family and Non -Residential All Water Usage $ 0,00341 $ 0,00341 $ 0,00368 $ 0.00382 $ 0.00392 Hydrant Meters Construction Water $ 0,00682 $ 0,00682 $ 0.00737 $ 0.00764 $ 0,00784 Fixed Monthly Charges (3) Service Charge Varies No change to service charges Capital Preservation Charge Varies No change to capital preservation charges Notes: (1) Temporary water shortage surcharges are incremental increases in the normal water usage rates applied during periods of water shortage, as declared by the City Council. (2) This section shows the temporary water shortage surcharges applied to the current (2017) water usage rates, for illustrative purposes. The percentages shown in this exhibit would be applied to any then -current usage rates in future years. (3) No changes to the fixed monthly service charges or capital preservation charges would be imposed as a result of declared water shortages. 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. 3 Ord. 907 This ordinance was introduced by the Council of the City of Rohnert Park on July 11, 2017 and adopted on July 25, 2017 by the following roll call vote: AYES: Four (4) Councilmembers Ahanotu, Callinan, Stafford and Mayor Mackenzie NOES: None (0 ) ABSENT:One (1) Councilmember Belforte ABSTAIN: None (0 ) ATTEST: 0 a- AIU-,Vjk" Caitlin Saldanha, Deputy City Clerk AP ROYEll S TO FORM: icbelle Marchetta Ken on, City Attorney CITY OF ROHNERT PARK 4 Ord. 907 AFFIDAVIT OF POSTING Pursuant to California Government Code $ 36933 and 5 40806 Pursuant to Rohnert Park Municipal Code 1 .08.010 STATE OF CALIFORNIA County of Sonoma l, JoAnne M. Buergler, City Clerk for the City of Rohnert Park, declare that a true and correct copy of Ordinance No.907'. AN ORDINANCE AMENDING CHAPTER 13.04 OF THE CITY OF ROIINERT "ARK MUNICIPAL CODE (CITY WATER SYSTEM) TO INCREASE WATER SERVICE RATES was published on July 28, 2017 as required by law and posted in five (5) public places in said City, to:. www. rpcitv. orq for website posting City Hall 130 Avram Avenue Public Safety Main Station 500 City Center Drive Rohnert Park Community Center 5401 Snyder Lane Rohnert Park - Cotati Regional Library 6250 Lynne Conde Way ned SS ) ) ) berore me this tt\ CVìY ,2017Subscribed and sworn Caitlin Saldanha, Deputy City Clerk m :\ord ina nces\ord ina nces 2017\907\affidavit of posting.docx CERTIFICATION OF PUBLICATION IN "The community voICE" (Published every Friday) in the SUPERIOR COURT of the STATE OF CALIFORNIA ln and For the County of Sonoma COUNTY OF SONOMA City of Rohnert Park Ordinance No. 907 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 tho United States, ovel' 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 Cqmmunity 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 genelal circulation as that term is defined by Section 6000 of the Govemment Codel its status as such nervspaper 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, Departrnent 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 noticc herein mentioned; that said notice was set in type not smaller than non-pareil and was preceded with rvords printed in black l'ace 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, Ordinance No. 907" of which the annexed is a printed copy, was published in said newspaper at least _1 consecutive time(s), commencing on the 28 day of July,2017 and ending on the 28 day of July, 2017, I HEREBY CERTIFY AND DECLARE UNDER THE PENALIY OF perjury that the foregoing is true and correct. EXECI-IIED this 28 day of July, 2017 at Rohnerl Park, California Signod Claudia Smith Chief Clerk Al{ WHEREA8, section 13.04.030 of ths Rohnert pâfk Municipal codo pfovides that the clty council shall, by ordinance, establish rates lor îhe sale of water; and WHEREAS,ttrec¡tyw¡shestoincroasewatelsgfvicêrateseffgctivêonwaterbillsrenderedafteroctoberl,20lT;and ànd the date, time, and locatlon for WHEREAS,tneci$Gouncilheldthedulynot¡cedpublìchearingandconsideredallwrittenprofests;and WHEREA9,writtenprotestsagainstthewâterrâteswerênotpfesentedbyamaiorityoftheaffectedparcels; t{owTHEREFoRE,theCityCounciloftheCityofRohnertParkdoosherebyordainasfollows: SEGflOl{ 1: Flndlngr. rocitãls are incorporated herein as.if Xlll D, Sectlon 6(b), of the Californ¡a set forth heroin in full and each is relied upon independently by the City Council fot its adoptlon of this Ordinance' ln 007 Constitution, the CitY Counc¡l l¡nds that: costs related to sewice. proportional cost of the water service attributabls to each parcel' because it is based upon necesrary A. The above accordance with'Article use re¡trictions' 2.The revenues derlved ilot6: (1) The amount of tho charge does not excesd the pipe size and water consumption' l. The revenues dellved from ths water sêrvice charges shall allow the City to rscover its costs' not exceed the funds required to provide water service' because the rates are Galculated to revenuo will be kept in a separate fund used for any purpose other the provision of water than that lor which the charge is imposed' because the from the wâter sêrvice will not be usedcharge only for h*îl:*,îffii;}*i.'iili:ï,*ili:triiii#iïühîälilåi *"ff:''"ffi'''""*rlî#Lî:1ïr'i:;rfüi''i1i SEgnON 2: Adopüon of Gapltal Pr€servaüol Clt?r¡e lliÏ*yl"{lill,i¿ifn'¡'m:ru'm'Jffiîì1',"ix?l'd in âccordance 3, 4. The wator service charge will not be imposed upon parcels for which water service is not immediately available' ' 5. Thãwaterservice charge will be used to snable the City to provide watèr Eêlvics rathor than genäral governmerilal services' w¡th section ,,3.04.030 ol the Rohnert park Municipal code after mailed notice and a public he¡rlng' SEGïtOil 3: Adonilon of Jmpgrarv tilatar ShoÉaæ R¡te sutl::ff., a percentase of rhe water usase rares, ar€rd:q,:9,:Yï.ff1Îi,t"ryl$"tïHLiä'.tflr:tJlt liînfËåîfl l,'il,"",',îîåîïïil',1*;'Jíf,i#flli1¡¡llLrunl; ;; m¡ç u'o;,* *n* 'n'"iåîlïîå"iü#f'?å30"f1'*ii1filii'Jif:f{'f':ï'f[üii, councit dectares w.t r rr,ort.g..oüüiåiJ tîäi "ãiÀ,"¡i.t water use-reductions exceeding 10 percent a JAt¡.2022JAI{,2021JAt{.2020Jrn. ãll9od.29017 JAt¡.202i¡ ln mobl or har {'lfil'mLl ? m¡br 3n mabf ¡[o mobr e mohr I 5.00 ¡ 10.00 ¡ 16.00 ¡ 30.00 ¡ 50.00I ro0.o0 3 100,00 ¡ 7.50¡ 15.00¡ 2l.ooI 45.00¡ 75¡oI r5ll.00¡ 21¡l.oo ¡ 10.00¡ 2o.oo | 32,00 I 60.00 I 100.00 | 200,00 I 3A0.(lo I f2.50 $ 25.00 I 10.00 ¡ 75,00 I {25.00 ¡ 2fl,oo ¡ 1o0.oo 25ll 5,00 8.00 t5.00 25.00 5ll.00 00.00 t ¡ ¡ t ¡ tI t5.00 30.00 t8.00 90.00 t5(l.00 300.00 a80.00 mútyØflÑndn¡gû múr l{onn¡l SupplY Sbgo 1 VolunbrY Stage I ilandatorY SbSo 2 llandatotY Sbge 3 Handatory Single FamilY Residential Tier'l (0 to 4,000 gal/mo) Tier 2 (above 4,000 gallmo) Multi-Family and non-Residential All wate¡ use Hydrant Metêrs Construc'tlon Water FfrúnoñlYCtttttûþ) Sewice Charge Capital Preservatlon Chargê $ (},o(}3{s $ 0.00327- $ 0.0042S $ 0'00444 $ 0.0036S $ (},(}0382 $ 0.00737 $ 0.00764 No change to service charge 250/o l5'6Up to 10% $ $ llono $ No change to capital preservation charges 20%lo25o/o lzïr 10% to 20% ,8¡Á 0.00336 0,00455 0.00392 0.00784 $ 0,00292 $ 0.00396 $ 0,00341 $ 0.00682 $ 0.00292 $ 0.00398 $ 0.0034t $ 0,00682 Varies Varies Wâter Use Reduction Goal-----> None $ío¡Sñotûeþ Sürcå. lt, Nono fnf.r Urrg. R þ, ,t üt sütú,tgeÁtr'tod Ngl'on) (2) tzl to be chargss are adoDted Oc1.oboî 1,2l1li ln accordance w¡th seclion 13'04'030 ofrhe Rohnefr Park Municipal code aftsr maired notice and a publ¡c hoâring, 'l l{otc: (1) (21 (3) rêndorôd altor Councilmember Belfofe ABSENÌ Ono 0 ABSTATN: None (0) ATTESI: Caillin Saldanha, Deputy City Cterk APPROVEDAS TO FORM: tl¡chelle Marchetta Kenyon, City Attomey CITY OF ROHNERT PARK Jake Mackenzie, Mayor Jrn.2019 JAt{.202t JAt{.2023 Oct 2020 20t2 l'mobror þ¡¡lln,múr ?m.b¡ 3o mcbr ¡l'mobr f mcùr I 5.oo¡ ro.ooI ro.oo¡ so.oo$ 5o.oo S too.oo$ r00.ü¡ I z.¡oI r5.oo I 24.00$ as.oot 75,00I lio.ooI 20.00 $ ro.oo ¡ 20.00S s2.oo S 60.00 I 100.00t 2oo.ooI s¿o.oo I t2,50$ 25,00 $ 1o.oo$ zs.oo ¡ 125.00 I 250.00I {,o.oo 2.50 5.00 8.00 t5.00 25.00 50.00 80.00 $I sI ¡ $ I t5.00 30.00 18.00 90.00 150.00 300.00 t80.00 mabr nonÚrly c?/hlh?/toftrüon Cflr.rw SrhSo t Volunhry Sbgo Z ftlandalory ilomal Supply 250/o tí?l Water Use Reduction Goal--_^_ FltuStretugoSt;rrch. (t) Wtr¡ Ul¡go R b, wldr Surdnrga Afltd Single Family Residenlial llono (rtgdhn)(2) Up to l0% l{one 100/0 lo 2|o/o .896 200/0 lo 250/0 1231t $ 0.00292 $$ 0.00396 $ $ o.(}o34i $ $ 0,006S2 $ 0.00327 $ 0.00u4 0.00382 $ 0.00764 $ 0,00336 0.00455 0.00392 0.00784 0.00315 $ 0.00428 $ 0.00368 $ 0.00737 $ No change to sery¡ce charge No change to capital prosêrvat¡on charges Const¡ucfion Water FnednonürtyCh.rglrß) Service Gharge Gapltal Preservation Charge $ 0.006s2 Varles Varies T¡or I (0 to 4,000 gailmo) Tier 2 (above 4,000 gafmo) Mulfi.Family and non_Residentiat All water use Hydrant ileters $ $ $ 0.00292 0.00396 0.00341 Pub: July 28, 2017 The Gommunity Voice