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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 Sections 3.32.030 (B) is repealed and replaced with the following: 3.32.030 B. Annual Review.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