2019/12/10 City Council Ordinance 939ORDINANCE NO. 939
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING
ROHNERT PARK MUNICIPAL CODE SECTIONS 13.02.110, 13.44.070,13.44.090 13.44.110 AND
I3.44.I2OTO MODIFY TEMPORARY WATER SERVICE, WATE,R SERVICE APPLICATION
AND DEPOSIT, WATER SERVICE BILLING, WATER SERVICE NOTICES AND WATER
SERVICE DIS CONTIN UATION
WHEREAS, effective February 1,2020, SB-998 mandates new restrictions on residential water
service discontinuation when customers are delinquent in paying their water bills; and
WHERBAS' minor administrative amendments and additions are necessary to reflect current
practices; and
WHEREAS, the City Council of the City of Rohnert Park desires to update regulations
regarding residential water service reflect changes in state law;
NOW THEREFORE, the City Council of the City of Rohnert Park does ordain as follows:
Section l. ResttalÊ, The above recitals are adopted as findings of the City Council in enacting
this ordinance.
Section 2. Amended. Section 13.02.110 of the Rohnert Park Municipal Code is amended
read in its entirety as follows:
13.02.110 - TemporarY service.
A. Temporary service may be provided from the potable water system through an approved hydrant
meter, uni"rs an alternàtive method is specifically approved by the city engineer.
B. Applications for temporary water service must be submitted by the applicant. Such application
wilì signify the applicant's willingness and intention to comply with all regulations or rates duly
adopteã by the ciiy, and to make payment for services rendered.
C. The rates and meter rental fees for temporary water service, including any applicable deposits,
shall be established as part of the city's rate schedule'
D. All hydrant meters, or other forms of temporary connection, shall be installed by the city or a
licensed contractor and shall be operated in accordance with instructions.
E. The customer shall use all possible care to prevent loss or damage to the hydrant meter or to any
other loaned facilities of thã city which are ìnvolved in furnishing the temporary service from the
time they are installed until they are removed'
F. If the meter or any other equipment is lost, damaged or stolen, the meter rental fee, including any
applicable deposii, shall be forfeited. If cost of repair exceeds deposit, the additional cost shall be
pãio Uy the customer and shall be subject to collection procedures set forth in chapter I.27 of the
code.
G. Tampering with any fire hydrant for the unauthorized use of water there from, or for any other
purpã." is a misdem"uno., punishable by law and subject to the penalties outlined in Chapter
13.06.
Section 3. Amended. Section 13.44.070 of the Rohnert Park Municipal Code is amended
read in its entirety as follows:
13.44.070 - Application for service and deposit required'
A. All customers must apply for service in order to establish a water, recycled water or sewer service
account. Application; .;y be made in person, over the phone, by email, through an online system
or by any other method designated and approved by the city'
B. Applications may be made by either property owners or tenants and all applicants are liable for the
city's charges for service.
C. As part of the application, property owners and/or occupants are required to provide a deposit in
the amount set by the city *ãnug.. before service is rendered. The deposit required shall not
exceed that allowed under Public utilities code Section 10009.6.
D. Upon permanent discontinuance of service and closing of an account, the city will refund the
déposii to the customer without interest less any unpaid fees and charges due and owing the city
for water service furnished to the customer's premises prior to discontinuance of service.
E. Regardless of the customers' payment history, the city may require a new deposit before rendering
service to the same customet at anew service address'
F. Any deposit eligible for refund and unclaimed after termination of service will become the property
of and be retainãd by the city subject to the procedures set forth in Government Code 50050 et seq.
Section 4. Amended. Section 13.44.090 of the Rohnert Park Municipal Code is amended
read in its entirety as follows:
13.44.090 - Bills-GenerallY.
A. Bills for water and sewer service to residential, commercial, institutional and industrial accounts
will be rendered blmonthly in arrears unless otherwise provided by agreement.
B. Bills for recycled water service will be rendered in accordance with the recycled water agreement.
C. If the total period of service is less than the billing period, the period of service will be prorated
and the service charge adjusted accordingly.
D. Bills for service to all accounts are due and payable upon presentation. Payments may be made in
any manner designated and approved by the city.
E. Bills become delinquent twenty-one days after they have been presented to the customer.
F. A fee of twenty-five dollars will be charged to customers for bill payments returned, from any
method of PaYment
Section 5. Amended. Section 13.44.110 of the Rohnert Park Municipal Code is amended
read in its entirety as follows:
13.44.11 0 - Delinquent bills-Courtesy notice.
past due courtesy notices with penalties will be sent out to those accounts whose balance is
delinquent.
Section 6. Amended. Section 13.44.120 of the Rohnert Park Municipal Code is amended
read in its entirety as follows:
13.44.120 - Delinquent bills- Service disconnections.
A. A written notice of termination shall be sent at least seven business days before service is
disconnected for non-payment. Where the customer's address is not the service address, notice
shall also be sent to thè occupant where service is provided. A notice of termination shall describe
Ordinance No. 939
Page2
all adopted policies of the City relating to disconnection and identify where copies may be
obtained.
B. When water, recycled water or sewer service is disconnected for nonpayment, the city may demand
the full amount åf Uottr delinquent and current bills be paid in full before service is restored.
C. The City Manager may adopt a written policy to govern disconnection of residential service, and
provide for u..uirg.rn"nts dr alternative-or deferred payments in order to avoid disconnection and
iequests for exterision of time, and a process for bill review and appeal, in accordance with Health
and Safety Code section 116906.
Section 7. Environmental Review. The City Council finds that adoption of this ordinance is
not a project within ttr. t*ning of r..ti* 15378 of the Guidelines for Implementation of the California
Envirãnmental euality Act ("cÉ,eA Guidelines") because it has no potential for resulting in physical
change in the environment, Àith". àirectly or ultimately. The City Council also finds the approval of this
ordinãnce is exempt under Section 15061(bX3) of the CEQA Guidelines because it can be seen with
certainty that theré is no possibility that the adoption of this ordinance may have a significant effect on
the environment.
Section 8. Severability. The City Council hereby declares that every section, paragraph,
sentence, clause, unO ptr*ra of tttir ordinance 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 9. Effective Date. This ordinance shall be in full force and effective 30 days after its
adoption.
Section 10. publication. The City Clerk is directed to cause this ordinance to be published in
the manner required bY law.
This ordinance was introduced on Novemb er 26,2019 and adopted by the Council of the City of
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CITY PARK
ATTEST:
As
Ordinance No. 939
Page 3
Rohnert Park on December 10,2019, by the foJlowing roll call vote:
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svl
Marchetta Kenyon,City Attorney
AFFIDAVIT OF POSTING
Pursuant to California Government Code§36933 and§40806
Pursuant to Rohnert Park Municipal Code 1.08.010
STATE OF CALIFORNIA )
ss
County of Sonoma
I, JoAnne M. Buergler, City Clerk for the City of Rohnert Park, declare this is a true and
correct copy of Ordinance No. 939
Full Text Ordinance No. 939 of the City Council of the City of Rohnert Park, California,
Amending Rohnert Park Municipal Code Sections 13.02.110, 13.44.070, 13.44.090
13.44.110 and 13.44.120, and Adding New Section 13.44.200, to Modify Temporary
Water Service, Water Service Application and Deposit, Water Service Billing, Water
Service Notices and Water Service Discontinuation was published on 12/20/2019, as
required by law, and posted in five (5) public places in said City, to:
www.rpcity.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
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on 12/20/2019.
Full Text of Ordinance No. 939 was published in the Community Voice on 12/20/2019 as
required by law.
'J14Anne Buergler, City Clerk 1
Subscribed and sworn to before me this January 2, 2019
Sylvia Lopez Cuevas, Assistant City Clerk
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 OFSONOMA
City of Rohnert Park
Summary of Ordinance No. 939
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 anã for the County of Sonoma, Depaftment No. I 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 notimaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing
and expiessing in general terms, the purport and character of the notice intended to be given; that the " City of Rohnert Park, Summary
of Ordinance No. 939" of which the annexed is a printed copy, was published in said newspaper at least -1 consecutive time(s),
commencing on the 20 day December 2019 and ending on the 20 day December 2019.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OFperjury that the foregoing is true and coffect.
EXECUTED this 20 day December 2019,at Rohnert Park, California.
Signed
Claudia Smith Chief Clerk
.?
\oi4L
2.,ú{_
AN ORDINANCç OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING ROHNERT PARK.MUNICIPAL CODE SECTIONS 13,02J1I0,
13.44.070, 13.44.090 13.44.,fi0 AND 13,4, 120 TO MODtFy TEMPORARV
WATER SERV|CE, WATER SERVTCE AppLtCATtON AND DEPOS|I WATER
SERVICE BILLING, WATER SERVICE NOTICESAND WATER SERVICE DIS.
CONTINUATION
WHEREAS, effective February t, lOZ0, SA-gg8 mandates new restrictions
on residential water service discontinuation when customers are delinquenl
in paying their water bills; and
WHEREAS, minoradministrative amendments and additions are necessary
to reflect current practices; and
WHEREAS, the City Council of the City of Rohnert Park desires to update
regulations regarding residential water service reflect changes in state law;
NOW THEREFORE, the City Council of the City of Rohnert Park does ordain
as follows:
Section 1. Recitals. The above recitals are adopted as findings ofthe Cig, Council in enacting this ordinance.
Section2. Amended. Section 13.02.110ofthe RohnertParkMunicipal'
Code is amended read in its entirety as follows:
13.02.110 - Temporary service.A, Teqporary service may be provided from the potable water
system through an approved hydrant mete¡ unless an alternative
method is specifically approved by the city engineer.
B. Applications for temporary water service must be submitted by
the applicant, Such application will signify the applicant's
willingness.and intention to comply with all regulations or. rates duly adopted by the city, and to make payment for
services rendered.
C. The rates and meter rental fees for temporary water service,
shall be established as partincluding any applicable deposits,
of the city's rate schedule.
D. All hydrant meters, or other forms of temporary connection, shall
be installed by the cig or a licensed contractor and shall be
operated in accordance w¡th inshuct¡ons.
E, The customershall use all possible care to prevent loss or
damage to the hydrant mêter or to any other loaned facilities
of the city which are involved in furnishing the temporary service
from the time they âre installed until they are removed.F. lfthe meterorany otherequipment is lost, damaged orstolen, the
meter rental fee, including any applicable deposit, shall be
forfeited. lf cost of repair exceeds deposit, the additional cost shall
be paid by the customer and shall be subject to collection
procedures set
Tampering with
forth in chapter 1.27 of the code,
G.any fire hydrant for the unauthorized use
A, All customers must apply for servicê in order to establish a
recycled water or sewer service account, Applications may be
made in person, over the phone, by email, through an online
system or by any other method designated and approved by
the city.
B.
c.
nofexceed that allowed under Public Utilities Code
Section 10009,6,
D. Upon permanent discontinuance of service and closing of an
account, the cig
interest less any
for water sêrvice
discontinuance of service.E. Regardlessofthecustomers'payment
require a new deposit before rendering
customer at a new service àddress.
history
service
the city may
to the same
F. Any deposit eligible for refundand unclaimed after termination
service will become the property of and be retained by the city
subject to the procedures set forth in Government Code 50050
et seq.
Section 4, Amended. Section 13.44.090 ofthe Rohnert Park Municipal
Code is amended read in its entirety as follows:
1 3.44.090 - Bills-GenerallyA, Bills for water and sewer service to residential, commercial,
instilutional and industrial accounts will be rendered bi.monthly
in arrears unless otherwise proVided by agreentent.B. Bills for recycled water service will be rendered in accordance
with the recycled
C. lfthe total period
period of service
accordingly,
D. Bills for service to all accounts are due and payable upon
presentation, Paymenls may be made in any manner
the
aG
c
s
r
s
t
l
l
g
l
y
.
D.
Bi
l
l
s
fo
r
s-ervice to all accòunts are due and payable upon
pr
e
s
e
n
t
a
t
i
o
n
.
Payments may be made in any manner designated
an
d
ap
p
r
o
v
e
d
by the city.
E,
Bi
l
l
s
be
c
o
m
e
delinquent twen$-one days after they have been
pr
e
s
e
n
t
e
d
to the customer.
F.
A
fe
e
of
twenty'five dollars will be charged to customers for bill
pa
y
m
e
n
t
s
returned, from any method of payment.
Se
c
t
i
o
n
5.
Am
e
n
d
e
d
.
Section 13.44,110 of the Rohnert Park Municipal
Co
d
e
is amended read in its entirety as follows:
13
.
¿
f
4
.
1
1
0
-
De
l
i
n
q
u
e
n
t
bills-Gourtesy notice.
Pa
s
t
du
e
courtesy notices with penalties will be sent out to those
ac
c
o
u
n
t
s
whose balance is delinquent.
Se
c
t
i
o
n
6.
Am
e
n
d
e
d
.
Section 13.¡14.120 of the Rohnert Palk Municipal
Co
d
e
is amended read in its entirety as follows:
13
.
4
4
.
1
2
0
-
De
l
i
n
q
u
e
n
t
bills- Service disconnections.
A.
A
wr
i
t
t
e
n
notice of termination shall be sent at least seven
bu
s
i
n
e
s
s
days before service is disconnected for non-payment,
Wh
e
r
e
th
e
customer's address is not the service address, notice
sh
a
l
l
al
s
o
be sent to the occupant where service is provided. A
no
t
i
c
e
of
t
e
r
m
i
n
a
t
i
o
n
shall describe all adopteil policies ofthe Gi$
re
l
a
t
i
n
g
to disconnection and identify where copies may be
ob
t
a
i
n
e
d
.
B.
Wh
e
n
wa
t
e
r
,
recycled water or sewer seryice is disconnected for
no
n
p
a
y
m
e
n
t
,
the city may demand the full amount of both
de
l
i
n
q
u
e
n
t
and cunent bills be paid in full before service is
re
s
t
o
r
e
d
.
G,
Th
e
Ci
t
y
Manager may adopt a written policy to govern
di
s
c
o
n
n
e
c
t
i
o
n
of residential service, and provide for arangements
.
fo
r
al
t
e
r
n
a
t
i
v
e
or deferred payments in order to avoid
.
di
s
c
o
n
n
e
c
t
i
o
n
and requests for extension of time, and a process
fo
r
bi
l
l
re
v
i
e
w
and appeal, in accordance with Health and Safety
Go
d
e
se
c
t
i
o
n
116906.
Se
c
t
i
o
n
7.
En
v
i
r
o
n
m
e
n
t
a
l
Revieu The City Council finds that adoption
of
t
h
i
s
ordinance is not a project within the meañing ofsection
15
3
7
8
of the Guidelines for lmplementation of the Califomia
En
v
i
r
o
n
m
e
n
t
a
l
Quality Act ("CEQA Guidelines") because it
ha
s
no potential for resulting in physical change in the
èn
v
i
r
o
n
m
e
n
l
,
either directly or ultimately. The Ci$ Council
al
s
o
finds the
Se
c
t
i
o
n
15061approval of this ordinance is exempt under (b)(3) of the CEQAGuidelines because it can
se
e
n
with certainty that there is no possibility that the
ad
o
p
t
i
o
n
of this ordinance may have a significant effect on
th
e
env¡ronment
Se
c
t
i
o
n
8.
Se
v
e
r
a
b
i
l
i
t
y
.
The Ci$ Council hereby declares that every
se
c
t
i
o
n
,
paragraph, sentence, clause, and phrase of this
or
d
i
n
a
n
c
e
is severable, lfany section, paragraph,
cl
a
u
s
e
or phrase of this ordinance is for any reason found
be
in
v
a
l
i
d
or unconstitutional, such invalidity, or
un
c
o
n
s
t
i
t
u
t
i
o
n
a
l
i
t
y
shall not affect the validi$ or
co
n
s
t
i
t
u
t
i
o
n
a
l
i
t
y
of the remaining sections, paragraphs,
se
n
t
e
n
c
e
s
,
clauses, or phrases.
Ef
f
e
c
t
i
v
e
Date. This ordinance shall be in full force and
ef
f
e
c
t
i
v
e
30 days after its adoption.
Se
c
t
i
o
n
'1
0
.
Pu
b
l
i
c
á
t
i
o
n
.
The City Cle* is directed to cause this
to
be
published in the manner required by law.
Th
i
s
or
d
i
n
a
n
c
e
was by
of
th
e
Ci
t
y
of
ca
l
l
vo
t
e
:
AY
E
S
:
Fi
v
e
(5
)
GouncilmemberAdams, Mackenzie, Stafford,Vice Mayor Callinan and Mayor Belforte
NO
E
S
:
No
n
e
(0)
AB
S
E
N
T
:
No
n
e
(0)
AB
S
T
A
I
N
:
No
n
e
(0) City of Rohnert Park Gina Belforte, llayor
Se
c
t
i
o
n
9.
De
c
e
m
b
e
r
20
,
20
1
9
Co
m
m
u
n
i
t
y
Vo
i
c
e
City Clerk
Ma
r
c
h
e
t
t
a
Ke
n
y
o
n
,
City Attomey @