2019/11/12 City Council Resolution 2019-141 RESOLUTION NO. 2019- 141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING THE 2018 DEPARTMENT OF PUBLIC SAFETY -FIRE SERVICES
DIVISION FEE SCHEDULE
WHEREAS, the City of Rohnert Park (City) has conducted a review of the current Fire
Services Division Fee Schedule,the beneficiaries of those services, and the revenues produced by
those fees and charges; and
WHEREAS, the City must charge fees to cover the cost of fire prevention services which
the City must provide to ensure compliance with and enforcement of all applicable ordinances,
codes, regulations, and or laws; and
WHEREAS, it is the City's policy to recover the costs reasonably borne by the City for
providing fire prevention services, such that general taxes are not diverted from general services
on a broad scale; and
WHEREAS, all plan reviews, construction inspections and code enforcement inspections
required by the California Fire Code, Rohnert Park City Code or the California office of the State
Fire Marshal are provided for in the Fee Schedule; and
WHEREAS, the City Council of the City of Rohnert Park adopted Resolution No. 2018-
088 on June 12, 2018 approving an updated Building Plan Check and Inspection Fee Schedule;
and
WHEREAS, Rohnert Park Municipal Code Chapter 3.32, "Cost-Recovery - Fee and
Service Charge System," provides for the "establishment of a fee system to recover costs of the
City in providing certain services, products and regulatory activities," including providing
authority for the Council "to establish such fees by resolution to support the cost of providing the
service or services" requested by applicants; and
WHEREAS, the fee schedule needs to be updated for reasonable cost recovery, including
new fees for services that are performed for which no fees are currently on the fee schedules; and
WHEREAS,a fee justification for new proposed fees was prepared; and
WHEREAS, the fee justification provides the necessary data to substantiate that the
proposed fees will not exceed the estimated reasonable cost of providing the services for which
the fees are to be levied; and
WHEREAS, none of the fees outlined are Development Impact Fees (fees imposed as a
condition of approval of development) subject to state law requirements pertaining to those fees;
and
WHEREAS, no fees are amended in these updated fee schedules for the purpose of
acquiring funds for the construction of public improvements or the acquisition of equipment; and
WHEREAS, in accordance with California Government Code Section 66016, data
indicating the amount of cost, or estimated cost, required to provide the service for which the fee
or service charge is levied and the revenue sources anticipated to provide the service was made
available for public review at least ten (10) days prior to the meeting at which the fee schedule
amendments are to be adopted; and
WHEREAS, in accordance with California Government Code Section 66016, the City
published notice for adoption of the fee schedule amendments and notification of the public
hearing at which the amendments to the fee schedules were to be considered was mailed at least
14 days prior to the public meeting; and
WHEREAS, the City published notice for adoption of the fee schedule amendments in
accordance with state law; and
WHEREAS, at the November 12, 2019 regularly scheduled meeting, the City Council of
the City of Rohnert Park considered the below schedule of fees, at which time interested persons
had an opportunity to be heard; and
WHEREAS, at the November 12, 2019 regularly scheduled City Council meeting, upon
hearing and considering all testimony and arguments, if any, of all persons desiring to be heard,
the Council considered all the facts relating to the draft fee schedules.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
DOES RESOLVE,DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals. That the above recitations are true and correct and material to this
Resolution.
Section 2. Environmental Review. The adoption of this Resolution is exempt from
environmental review under the California Environmental Quality Act as this action is not
considered a "project" as defined in Title 14, California Code of Regulations, Section 15378(a),
as it has no reasonably foreseeable direct or indirect physical change on the environment, and is
further specifically excluded under Section 15378(b)(4), as a government funding mechanism or
fiscal activity that does not involve a commitment to any specific project.
Section 3. Findings. Based on the staff report, attachments, supporting data and all oral
and written testimony presented, the City Council hereby finds that the proposed fees bear a fair
relationship to the payer's burdens or benefits and do not exceed the reasonable costs of the
services or benefits provided.
Section 4. Adoption of Fees. The Fire Services Division-2018 Fee Schedule are hereby
amended to include the fee shown on Exhibit A,which is attached hereto and incorporated by this
reference, and shall be in full force and effect as of January 12, 2019. All fees for fire permits and
services shall continue to be in effect and shall remain as provided for in Resolution No. 2018-
088, including all subsequent additions and amendments.
Section 5. Constitutionality. If any action, subsection, sentence, clause or phrase of this
Resolution or the fees levied by this Resolution shall be held invalid or unconstitutional by a court
of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of
this Resolution or the fees levied by this Resolution that can be given effect without the invalid
provisions.
Resolution 2019-141
2
Section 6. Waiver of Fee. The City Council is hereby authorized to waive any of the fees
outlined in Exhibit A. If such a waiver occurs, the City Manager or his/her designee will ensure
that any fee category for which a waiver was granted does not exceed the estimated reasonable
cost of providing the service.
DULY AND REGULARLY ADOPTED this 12th day of November, 2019.
CITY OF ROHN T PARK
Gina 13forte, Mayor
ATTEST:
Sylvia Lo Cuevas, Assistant City Clerk
Attachment: Exhibit A
ADAMS: MACKENZIE: STAFFORD:AA AP CALLINAN: BELFORTE:/49W.41—
Al AYES: ( ) N S: ( ) ABSEN : ( l ) ABSTAIN:, )
Resolution 2019-141
3
Exhibit A to Resolution
Fire Services Division-2018 Fee Schedule
Miscellaneous Permits (Added January 12, 2020)
FEE TYPES Unit Note FEE
Board of Appeals Administrative Hearing
Residential Appeals each $630
Non-Residential Appeals each $1,125
Fire Services Division-2018 Fee Schedule
Miscellaneous Fees-Addendum