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2020/01/14 City Council Resolution 2020-006 RESOLUTION NO. 2020-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ESTABLISHING THE FEE AMOUNT FOR SHOPPING CART CONTAINMENT PLAN APPLICATIONS WHEREAS, Rohnert Park Municipal Code Chapter 5.30, "Shopping Cart Management Program," authorizes the City Council to establish certain fees related to implementation of the requirements of that chapter by resolution; and WHEREAS, fees imposed under Chapter 5.30 are valid regulatory fees enacted pursuant to subsection (e)(4)of article XIII C, section I of the California Constitution; and WHEREAS, the proposed fee will not exceed the estimated reasonable cost of the regulatory activity for which the fees are to be levied; and WHEREAS, in accordance with California Government Code Section 66018, the City published notice for adoption of the proposed fee; and WHEREAS, the City published notice for adoption of the fee schedule amendments in accordance with state law; and WHEREAS, at the January 14, 2020 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 January 14, 2020 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 and 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 Resolution. Section 2. Environmental Review. The adoption of this resolution is exempt from 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)& (b)(4), and additionally is statutorily exempt pursuant to Public Resources Code section 21080(b)(8), as the establishment and modification of charges for the purpose of meeting the operating expenses of the City. Section 3. Establishment of Fee. The Planning Schedule of Fees and Charges Schedule is hereby amended to include the fee shown on Exhibit A. The amendments to fee schedule under this section shall be in full force and effect as of January 26, 2019. All other fees for planning permits and services shall continue to be in effect and shall remain as provided for in the resolutions identified in the recitals, including any subsequent additions and amendments. Section 4. Constitutionality. If any action, subsection, sentence, clause or phrase of this Resolution or the fee 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 fee levied by this Resolution that can be given effect without the invalid provisions. Section 5. Waiver of Fee. The City Council is hereby authorized to waive any fee contained in the Planning Schedule of Fees and Charges. If such a waiver occurs, the City Manager or their 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 141h day of January, 2020. CITY OF ROHNERT PARK 1 Josepl4. Callinan, Mayor ATTEST: Sylvia Lopez Cuevas, Assistant City Clerk Attachment: Exhibit A ADAMS: BELFORTE. STAFFORD: MACKENZI CALLINA AYES: (t-) NOES: ( ) ABSENT: ( ) AB AIN: ( �) Resolution 2020-006 2 Exhibit A to Resolution Planning Schedule of Fees and Charges (Added January 14, 2020) Notes Fee Shopping Cart Containment 55 . =$735 4 P r Plan review 4. Applicant will be charged a flat fee as indicated for the service, unless the service and/or entitlement is part of a more complex project with multiple/concurrent applications and entitlements in which costs for processing are recovered pursuant to an executed Reimbursement Obligation Form,Reimbursement Agreement,or specific terms of a development agreement or other negotiated instrument approved by City.