2022/04/26 City Council Ordinance 963AFFIDAVIT 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. 963.
Ordinance 963, an Ordinance of the City Council of the City of Rohnert Park Amending
Section 13.04.080 (Testing, Maintenance, and Repair of Backflow Prevention Devices)
of the Rohnert Park Municipal Code Regarding Reporting Requirements was published
on 4/24/2022 as required by law, and posted in five (5) public places in said City, to:
www.rpcity.org 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 4/29/2022.
The full text of Ordinance No. 963 was published in the Community Voice on 4/29/2022 as
required by law.
Sylvia Lopez uevas, ty Clerk
Subscribed and sworn to before me this May 17, 2022
Elizabet Machado, Deputy City Clerk
ROHNERT PARK
MAY 42022
CERTIFICATION OF PUBLICATION IN
"The Community VOICE" (3,N'Y CLG<ar`�o
(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 No. 963
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
No. 963" of which the annexed is a printed copy, was published in said newspaper at least 1 consecutive time(s), commencing on the 29
day of April, 2022 and ending on the a 29 day of April, 2022.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 29 day of April, 2022 at Rohnert Park, California
Signed
Claudia Smith Chief Clerk
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING SECTION 13.04.080 (TESTING, MAINTENANCE, AND REPAIR OF
B ACKFLOW PREVENTION DEVICES) OF THE ROHNERT PARK
MUNICIPAL CODE REGARDING REPORTING REQUIREMENTS
WHEREAS, In order to protect public heahh and safety. state law requires that public
water systems adopt and implementa cross- onnecWn control program, which delineate
when bactdiow protection is required, types of approved bacldiaw prevention assemblies,
installation, and testing frequonry; and
WHEREAS, bacldlow prevention assemblies are an integral part of the City's crass
connection control program, and these assemblies help ensure that no contaminants of
any kind enter the potable water system through coriftoos that can reverse the direction
of the water flow; and
WHEREAS, backflow devices are required in all commercial and industrial buildings,
multi -family buildings and irrigation systems, and there are approximately 2,500 backnow
assemblies in the Rohnert Park and Sonoma State University service area; and
I WHEREAS, on January 11, =I, in order to minimize the expense of staff and related
admirimbativa costs, the City Council dlracted the implementation of a new cloud -based
software system for backnow device monitoring and recordkeeping that would require
lrackflow tests to be uploaded by the customer onto the cloud -based system; and
WHEREAS, in order to implementthe cloud -based software system, the Council de-
sires to amend section 13.U080 of the Rohnert Park Municipal Cade to impose a regu-
latory fee to support and offset the City', costs of operatlrig the cm5s-oonfladon control
program, including costs of monitoring and recordkeeping;
NOW THEREFORE, the City Council of the City of Rohnert Park does ordain as fol-
lows:
Section 1. Amendment Section 13.04.939 (Cross-Conneebon Regulations) of the
Rahnon Park Municipal Code Is hereby amended to read In its entirely as follows:
13.04.080 Testing, Maintenance, Reporting and Repair of Backflow Prevention Devices
A. Each customer shall have each bacldlow device tested at least annually by a
certified tester. All inspections, testing, maintenance. and reporting shall be dorm
at the expense of the customer.
B. The Director of Public Works shall have authority to establish deadlines for
subtnlssion of annual testing. Where the Director of Public Works determines
that there is potential for backilow or hack-siphonage they may require tests at
intervals that are more frequent by notification in writing.
C. The customer shall be responsible far maintenance and repair of each bacldlow
prevention device required under this chapter. if a devles should fail to pass
inspection and testing the customer shall, within 30 days after notification of LEM
results, provide for the malnlenance and repair of the device.
D. The customer shall maintain any backeow prevention device "is required
under this chapter in proper working order as a condition of continued water
service. Failure by the customer to install devices required by this chapter, test
and report remits as required by this chapter, or to timely repair a bacidlow
device within the time allowed by the Director of Public Works, shall subject the
customer to a termination of potable water service to the premises.
E. Reports o1 tests of backflow prevention shall be submitted in a format or a
program as approved by the Director of Public Works.
F. The City Council may by resolution establish a fee covering the adminlstrative
costs to the City of erdorcing the monitoring and reporting required under this
section. Such Fee may be collected in arty manner determined appropriate by the
Director.
Section 2. Environmental Review. The City Council finds the adoption of this or-
dinance is exempt under Section 15061(t X3) of the CEOA Guidelines because it can he
seen with certainty that there is no possibility that the adoption of this ordinance may
have a significant effect on the environmerit
Section 3. Severability. The City Council hereby declares that every secdan, para-
graph, sentence, clause, and phrase of this ordinance is so -arable. If any section, para-
graph, 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
constliutionality of the remaining sectforrs, paragraphs, sentences, clauses, or phrases.
Section 4. Effective Date. This ordinance shall be in full force and effective 30
days after its adoption.
Section 5. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
This ordinance was introduced on April 12, 2022 and adopted by the Council of the
City of Rohrtert Park on April26, 2M by the following roll call vote:
AYES: (5) Five: Coundimembers Giudice, Hollingsworth -Adams, Stafford,
Vice Mayor Linares and Mayor Elward
NOES: (0) Zero
ASSENT: (0) Zero
ABSTAIN: (0) Zero
CITY OF ROHNERT PARK
Jackie Elward, Mayor
Sylvia Lopez Cuevas,
City Clerk " °'•
APPROVED AS TO FORM: �� 4.1
Mkhelle Marchetta Kenyon,
City Attorney
Publish Date: April 29, 2022
ORDINANCE NO. 963
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING SECTION 13.04.080 (TESTING, MAINTENANCE,AND REPAIR OF
BACKFLOW PREVENTION DEVICES) OF THE ROHNERT PARK MUNICIPAL
CODE REGARDING REPORTING REQUIREMENTS
WHEREAS, in order to protect public health and safety, state law requires that public
water systems adopt and implement a cross-connection control program, which delineate when
backflow protection is required, types of approved backflow prevention assemblies, installation,
and testing frequency; and
WHEREAS, backflow prevention assemblies are an integral part of the City's cross
connection control program, and these assemblies help ensure that no contaminants of any kind
enter the potable water system through conditions that can reverse the direction of the water
flow; and
WHEREAS,backflow devices are required in all commercial and industrial buildings,
multi-family buildings and irrigation systems, and there are approximately 2,500 backflow
assemblies in the Rohnert Park and Sonoma State University service area; and
WHEREAS, on January 11, 2021, in order to minimize the expense of staff and related
administrative costs, the City Council directed the implementation of a new cloud-based
software system for backflow device monitoring and recordkeeping that would require backflow
tests to be uploaded by the customer onto the cloud-based system; and
WHEREAS, in order to implement the cloud-based software system,the Council desires
to amend section 13.04.080 of the Rohnert Park Municipal Code to impose a regulatory fee to
support and offset the City's costs of operating the cross-connection control program, including
costs of monitoring and recordkeeping;
NOW THEREFORE,the City Council of the City of Rohnert Park does ordain as
follows:
Section 1. Amendment Section 13.04.080 (Cross-Connection Regulations) of the
Rohnert Park Municipal Code is hereby amended to read in its entirety as follows:
13.04.080 Testing, Maintenance, Reporting and Repair of Backflow Prevention Devices
A. Each customer shall have each backflow device tested at least annually by a certified
tester. All inspections, testing, maintenance, and reporting shall be done at the expense of
the customer.
B. The Director of Public Works shall have authority to establish deadlines for submission
of annual testing. Where the Director of Public Works determines that there is potential
for backflow or back-siphonage they may require tests at intervals that are more frequent
by notification in writing.
C. The customer shall be responsible for maintenance and repair of each backflow
prevention device required under this chapter. If a device should fail to pass inspection
and testing the customer shall, within 30 days after notification of test results, provide for
the maintenance and repair of the device.
D. The customer shall maintain any backflow prevention device that is required under this
chapter in proper working order as a condition of continued water service. Failure by the
customer to install devices required by this chapter, test and report results as required by
this chapter, or to timely repair a backflow device within the time allowed by the Director
of Public Works, shall subject the customer to a termination of potable water service to
the premises.
E. Reports of tests of backflow prevention shall be submitted in a format or a program as
approved by the Director of Public Works.
F. The City Council may by resolution establish a fee covering the administrative costs to
the City of enforcing the monitoring and reporting required under this section. Such fee
may be collected in any manner determined appropriate by the Director.
Section 2. Environmental Review. The City Council finds the adoption 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 3. 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 4. Effective Date. This ordinance shall be in full force and effective 30 days
after its adoption.
Section 5. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
This ordinance was introduced on April 12, 2022 and adopted by the Council of the City
of Rohnert Park on April 26, 2022, by the following roll call vote:
AYES: C5)eve. cove <<Wlern6�S (,(,),/UP, Nvl,t.�vl 5.44-�` ,6,1s, S-�ypu't, �/Pcsz �. (-)vG✓-QS
fkAftlai 61 v"t `J
NOES: (0)
ABSENT: (6) 1.e r
ABSTAIN: 2 o
CITY OF ROHNERT PARK
ac ie Elw , y r
Ordinance No. 963
2
ATTEST:
Sylvia Lopez uevas, City Clerk
APPR6VED S T .•
Michelle archetta Kenyon, City Attorney
Ordinance No. 963
3