2020/08/11 City Council Ordinance 949 ORDINANCE NO. 949
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING CHAPTER 3.32—COST RECOVERY—FEE AND SERVICE CHARGE
SYSTEM TO MODIFY THE ANNUAL REPORTING REQUIREMENTS
WHEREAS, the City of Rohnert Park enacted Chapter 3.32 implementing its Cost
Recovery Program by Ordinance 717 which was adopted in 2004; and
WHEREAS, Chapter 3.32 includes a requirement for annual public hearing to receive an
informational report on the effectiveness of the cost recovery activities; and
WHEREAS, staff believes it would be beneficial to include several additional pieces of
information in the report to assist the City Council and the public in evaluating the effectiveness
of the City's various cost recovery activities; and
WHEREAS,the informational item on the cost recovery program is more appropriately
received at a public meeting rather than a public hearing, which will reduce the costs associated
with receiving the report to the City and its taxpayers while still providing a meaningful forum
for receiving input on the cost recovery program; and
NOW, THEREFORE,the City Council of the City of Rohnert Park does ordain as
follows:
Section 1. Recitals and Evidence. The above recitations are true and correct and
material to this Ordinance. In making its findings, the City Council relied upon and hereby
incorporates by reference all staff reports, presentations, and other documentation presented to
the City Council in the meeting.
Section 2. Amended. Sections 3.32.030 (B) is repealed and replaced with the
following:
3.32.030 B. Annual Review.
Annually and in conjunction with the city's budget process, the city manager shall make or cause
to be made a written report to the city council on the cost recovery program for the next fiscal year.
The report shall be considered by the city council at a public meeting and shall include the
following information:
1. The services for which cost recovery fees are charged;
2. The amount of the cost recovery fee charged for each service;
3. The percentage of actual costs recovered by each cost recovery fee;
4. Whether or not the fee includes an annual escalator;
5. The year in which the fee was last comprehensively reviewed; and
6. Recommendations for modifications to the services for which cost recovery fees are
charged, the amounts of cost recovery fees or the percentage of costs recovered in order
to assure that the cost recovery fees continue to recover the reasonable and proportional
share of costs from applicants requesting services.
Section 3. Environmental Review. The City Council finds and determines that this
Ordinance is not a project within the meaning of section 15378 of the Guidelines for
Implementation of the California Environmental Quality Act("CEQA Guidelines") because it
has no potential for resulting in physical change in the environment, either directly or ultimately.
The City Council also finds the approval of this ordinance is exempt under Section 15061(b)(3)
of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the
adoption of this ordinance may have a significant effect on the environment.
Section 4. Severability. The City Council hereby declares that every section,
paragraph, sentence, clause, and phrase of this 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 5. Effective Date. This ordinance shall be in full force and effective 30 days
after its adoption.
Section 6. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
This ordinance was introduced on July 28, 2020 and adopted by the Council of the City of
Rohnert Park on August 11, 2020, by the following roll call vote:
AYES: 661 F1 VC, CaUVJA CMJ�,e✓ w De � S ra Vu 1�oyo ✓
t�r�c,tun4�it 6" � eH ✓l u vl
�a ��
NOES: LO)
"
ABSENT:(-,)��
tp�
ABSTAIN: ✓v
CITY OF ROHNER PARK
Joseph V Callina , Mayor
ATTEST:
Sylvia Lopez vas, Acting City Clerk
APPROVED AS TO FORM:
.See &P Achek
Michelle Marchetta Kenyon, City Attorney
Ordinance No.949
2
Ordinance No. 9492
Section 3.Environmental Review. The City Council finds and determines that this
Ordinance is not a project within the meaning of section 15378 of the Guidelines for
Implementation of the California Environmental Quality Act (“CEQA Guidelines”) because it
has no potential for resulting in physical change in the environment, either directly or ultimately.
The City Council also finds the approval of this ordinance is exempt under Section 15061(b)(3)
of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the
adoption of this ordinance may have a significant effect on the environment.
Section 4.Severability. The City Council hereby declares that every section,
paragraph, sentence, clause, and phrase of this 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 5.Effective Date.This ordinance shall be in full force and effective 30 days
after its adoption.
Section 6.Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
This ordinance was introduced on July 28, 2020 and adopted by the Council of the City of
Rohnert Park on August 11, 2020, by the following roll call vote:
AYES:(5) Five Councilmembers Adams, Belforte, Stafford, Vice Mayor Makenzie, and
Mayor Callinan
NOES:(0) None
ABSENT: (0) None
ABSTAIN: (0) None
CITY OF ROHNERT PARK
___________________________
Joseph T. Callinan, Mayor
ATTEST:
Sylvia Lopez Cuevas, Acting City Clerk
APPROVED AS TO FORM:
Michelle 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, Sylvia Lopez Cuevas, City Clerk for the City of Rohnert Park, declare this is a true and
correct copy of Ordinance No. 949.
Ordinance 949, an Ordinance of the City Council of the City of Rohnert Park Amending
Chapter 3.32 of the Rohnert Park Municipal Code - Cost Recovery— Fee and Service
Charge System to Modify the Annual Reporting Requirements(CEQA Status:Exempt)
was published on 8/14/2020 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 Senior Center
6800 Hunter Dr A
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on 8/14/2020.
Full text of Ordinance No. 949 was published in the Community Voice on 8/14/2020 as
required by law.
Sylvia Lopez Cuev , ity Clerk
Subscribed and sworn to before me this October 15, 2020
Elizabeth Machado, Deputy 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 OF SONOMA
City of Rohnert Park
Ordinance#949
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 Ordinance#949"of which the annexed is a
printed copy,was published in said newspaper at least 1 consecutive time(s),commencing on the 14 day of August,2020 and ending on
the 14 day of August,2020.
* *
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 14 day of August,2020 at Rohnert Park,California
Signed
Claudia Smith Chief Clerk
ORDINANCE NO.949
WHEREAS,the City of Rohnert Park enacted Chapter 3.32 implementing its Cost Recovery Program by Ordinance
717 which was adopted in 2004;and
WHEREAS,Chapter 3.32 includes a requirement for annual public hearing to receive an informational report on
the effectiveness of the cost recovery activities;and
WHEREAS,staff believes it would be beneficial to include several additional pieces of information in the report to
assist the City Council and the public in evaluating the effectiveness of the City's various cost recovery activities;
and
WHEREAS,the informational item on the cost recovery program is more appropriately received at a public meeting
,rather than a public hearing,which will reduce the costs associated with receiving the report to the City and its tax-
payers while still providing a meaningful forum for receiving input on the cost recovery program;and
NOW,THEREFORE,the City Council of the City of Rohnert Park does ordain as follows:
Section 1.Recitals and Evidence. The above recitations are true and correct and material to this Ordinance. In
making its findings,the City Council relied upon and hereby incorporates by reference all staff reports,presentations,
and other documentation presented to the City Council in the meeting.
Section 2.Amended. Sections 3.32.030(B)is repealed and replaced with the following:
3.32.030 B. Annual Review.
Annually and in conjunction with the city's budget process,the city manager shall make or cause to be made a
written report to the city council on the cost recovery program for the next fiscal year.The report shall be considered
by the city council at a public meeting and shall include the following information:
1.The services for which cost recovery fees are charged;
2.The amount of the cost recovery fee charged for each service;
3.The percentage of actual costs recovered by each cost recovery fee;
4.Whether or not the fee includes an annual escalator;
5.The year in which the fee was last comprehensively reviewed;and
6.Recommendations for modifications to the services for which cost recovery fees are charged,the amounts'
of cost recovery fees or the percentage of costs recovered in order to assure that the cost recovery fees
continue to recover the reasonable and proportional share of costs from applicants requesting services.
Section 3. Environmental Review.The City Council finds and determines that this Ordinance is not a project within
the meaning of section 15378 of the Guidelines for Implementation of the California Environmental Quality Act("CEQA
Guidelines")because it has no potential for resulting in physical change in the environment,either directly or ultimately.
The City Council also finds the approval of this ordinance is exempt under Section 15061(b)(3)of the CEQA Guidelines
because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a sig-1
nificant effect on the environment.
Section 4. Severability. The City Council hereby declares that every section,paragraph,sentence,clause,and
phrase of this 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 5.Effective Date. This ordinance shall be in full force and effective 30 days after its adoption.
Section 6. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required
by law.
This ordinance was introduced on July 28,2020 and adopted by the Council of the City of Rohnert Park on August
11,2020,by the following roll call vote:
AYES: (5) Five Councilmembers Adams,Belforte,Stafford,Vice Mayor Mackenzie,and Mayor Callinan
NOES: (0) None
ABSENT: (0) None
ABSTAIN: (0) None
•
CITY OF ROHNERT PARK
ATTEST — Joseph T.Callinan,Mayor
Sylvia Lopez Cuevas,City Clerk
APPROVED AS TO FORM:
Michelle Marchetta Kenyon,City Attorney
2ublished:August 14,2020
the Community Voice