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2022/02/08 City Council Resolution 2022-020 RESOLUTION NO. 2022-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ADOPTING FIVE-YEAR WATER RATE SCHEDULE AND TEMPORARY WATER SHORTAGE SURCHARGE STRUCTURE WHEREAS, the Reed Group, Inc./Hildebrand Consulting prepared the 2021 Water Rate Study that outlines the need and basis for an adjustment to existing water rates in order to continue to maintain and operate the City's water utility; and WHEREAS, findings from the 2021 Water Rate Study were presented to the City council on October 26, 2021 and City council accepted the water rate study report on November 23, 2021, directing staff to proceed with the rate adjustment process for the proposed rates, including notifying property owners and conducting a public hearing prior to final adoption; and WHEREAS, the Proposition 218 Omnibus Act (as set forth in Government Code section 53756 and 53756) authorizes that the City to adopt a five-year schedule of water rates with automatic rate adjustments in order to keep pace with changes in operating and maintenance costs, and help the utility maintain a prudent operating and capital reserve; and WHEREAS, in compliance with article XIIID of the California Constitution and the Proposition 218 Omnibus Act, the City of Rohnert Park (City) must notify all affected property owners of a public hearing on the proposed water rate increases; and WHEREAS, the City notified property owners and rate payers of the proposed rates with a Public Notice on December 16, 2021; and WHEREAS, Section 13.44.030 of the Rohnert Park Municipal Code provides that the City Council shall by resolution establish water rates; and WHEREAS, the City has identified the parcels upon which the charges will be imposed, and mailed written notice to all parcels, wherein the City provided notice of the proposed charges, the amount of the proposed charges, the basis for the calculation, the reason for the charge, and the date,time, and location for a public hearing on the proposed charges not less than 45 days after the notice; and WHEREAS, the City Council held the duly noticed public hearing and considered all written protests; and WHEREAS, written protests against the water rates were not presented by a majority of affected property owners and ratepayers; NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby resolve as follows: Section 1. Findings. The above recitals 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. In accordance with Article XIII D, Section 6(b), of the California Constitution, and in reliance on the 2021 Water Rate Study previously adopted and approved by the City Council and the materials presented by staff, the City Council finds that: 1. The revenues derived from the water service charges shall not exceed the funds required to provide water service, because the rates are calculated to allow the City to recover its costs. 2. The revenues derived from the water service charge will not be used for any purpose other than that for which the charge is imposed, because the revenue will be kept in a separate fund used only for costs related to the provision of water service. 3. The amount of the charge does not exceed the proportional cost of the water service attributable to each parcel, because it is based upon necessary pipe size and water consumption. 4. The water service charge will not be imposed upon parcels for which water service is not immediately available. 5. The water service charge will be used to enable the City to provide water service rather than general governmental services. Section 2. Adoption. Pursuant to Government Code section 53756,the five year schedule of water rates and temporary water rate surcharge structure set forth in Exhibit A is hereby adopted, and such rates and charges shall be effective March 1, 2021. Section 3. Environmental Review. This action is not a project within the meaning of Section 15378 of the CEQA(California Environmental Quality Act) Guidelines,because it has no potential for resulting in physical change in the environment, directly or ultimately. In the event that this resolution is found to be a project under CEQA, this action is statutorily exempt from CEQA pursuant to Public Resources Section 21080(b)(8) and CEQA exemptions contained in CEQA Guidelines section 15273 (a), because it constitutes the establishment of charges for the purpose of obtaining funds to meet the water utility's financial and service obligations for ongoing operation and maintenance, debt service, and capital improvements within existing service areas, and also exempt under the common-sense exemption set forth in CEQA Guidelines section 15061 (b) (3), because it can be seen with certainty to have no possibility of a significant effect on the environment. Section 4. Severability. The City Council hereby declares that every section, paragraph, sentence, clause and phrase is severable. If any section, paragraph, sentence, clause or phrase of this Resolution, including any individual rate or fee or component thereof, is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining provisions of this Resolution. Resolution 2022-020 DULY AND REGULARLY ADOPTED this 8th day of February, 2022. CITY OF ROHNERT PARK J ckie El ATTEST: Sylvia Lop evas, City Clerk Attachments: 1. Exhibit A: City of Rohnert Park Water Rates, effective March 1, 2022 GIUDICE: HOLLINGSWORTH-ADAMS: Pt .le STAFFORD: Atste LINARES: Pale. ELWARD: e - AYES: (s ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Resolution 2022-020 3 Exhibit A City of Rohnert Park Water Rates, effective March 1, 2022 Table 1-5-Year Water Rate Schedule Proposed March 1, January 1, January 1, January 1, January 1, 2022 2023 2024 2025 2026 Rate Revenue Increases: 5.0% 5.0% S.0% 5.0% 5.0% _I Current Single Family Usage Rate(Shah) Tier 11 $0.003420 $0.003570 $0.003749 $0.003936 $0.004133 $0.004340 Tier 2 $0.004630 $0.004940 $0.005187 $0.005446 $0.005718 $0.006004 Multi-Family and Non-Residential Usage Rate($/gal.) Uniform Rate $0.003980 $0.004330 $0.004547 $0.004774 $0.005013 $0.005264 Fixed Monthly Service Charges Up to 1" $29.13 $29.63 $31.11 $32.67 $34.30 $36.02 1.5" $54 63 $55.28 $58.04 $60.94 $63.99 $67.19 2" $85.21 $86.06 $90.36 $94.88 $99.62 5104.60 $156.55 $157.87 $165.76 $174.05 $182.75 $191.89 4" $258.48 $260.47 $273 49 $287.16 $30152 $316.60 6" $513.33 $516.96 $542.81 $569.95 $598.45 $628.37 $819.14 $824.75 $865.99 $909.29 $954.75 $1,002.49 1 For the first 3,000 gallons per month Table 2--Temporary Water Shortage Surcharge Structure Normal Stage 1 Stage 2 Stage 3 Stage 4 Stage 5 Stage 6 I Supply Voluntary Mandatory Mandatory Mandatory Mandatory Mandatory Assumed Demand Reduction-> None 15% 25% 35% 46% 50% IWater Shortage Surcharge t--> None None 54se 10% 15% 2044 1 Water Usage Rate v'Ath Surcharge Applied(Sjgallon)2 Single Family Residential Tier 1(040 ascogaljrno) 50.00357 $0 al3S7 50.00357 50.00375 S0.00393 $0.00411 S0.00428 Tier 2(above 3,000 gal/mo) 50.00494 SO.00494 50.00494 50,00S19 50,00543 50.03669 50.00593 Multi-Family and Non-Residential All Water Usage SO 00433 SO 00433 50.00433 50.00455 60.00476 $0.00498 50.00520 Hydrant Meters Construction Water 50.00796 50.00796 50.00796 SO 00236 $0.00876 50.00915 50.00956 Fixed Monthly Charge 3 Service Charge Varies No changes to the service charge----- Notes; 'Temporary water shortage surcharges are incremntal increases in the normal water usage rates appplied during periods of water shortage, declared by the City Council. This table shows the temporary water shortage surcharges applied to the proposed rate increases(for March 2022)for illustrative purposes. The percentages shown in this table would be applied to any then-current rates in future years. No changes to the fixed monthly services charges would be imposed as a result of declared water shortages.