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2023/04/11 City Council Ordinance 976 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. 976. ORDINANCE NO. 976, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING ROHNERT PARK MUNICIPAL CODE SECTIONS 13.44.090, 13.44.110 AND 13.44.140 TO MODIFY BILLS— GENERALLY, DELINQUENT BILLS — COURTESY NOTICE AND DELINQUENT BILLS — COLLECTION AGENCY CHARGES was published on 04/14/2023 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 04/14/2023. The summary of Ordinance No. 976 was published in the Community Voice on 04/14/2023 as required by law. Sylvia Lopez Cue Subscribed and sworn to before me this May 8, 2023 Elizabeth Machado, Assistant City Clerk ORDINANCE NO. 976 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING ROHNERT PARK MUNICIPAL CODE SECTIONS 13.44.090, 13.44.110 AND 13.44.140 TO MODIFY BILLS -GENERALLY, DELINQUENT BILLS -COURTESY NOTICE AND DELINQUENT BILLS - COLLECTION AGENCY CHARGES WHEREAS, the City of Rohnert Park (City) bHls residential and commercial utility bl!nng customers in the City on a bi-monthly schedule, except where otherwise noted In tha Municipal Code; WHEREAS, the City will be moving to a new Enterprise Resource Planning software ,sys)enl ("Software Change") to invoice utility bills, and this system is optiml:ll!d for montl\ly bllllng; WHEREAS, al the f9brua!}I 28, 211D City Counep meeting, the Council discussed a proposal presented by st.!11 to change the utillty .bllllng schedUla from bi-monthly to monthly In conjunction with tlie software change and dlrncted staff to prepare updates (or constderallon; WHEREAS, amendments to Section 13.44.090 and Section 13.44.110 have been prepared by staff to adjust the utility billing schedule and reduce excessive maDlngs; and WHEREAS, amendments to Sectlon 13.44.140 have been prepared by staff to bring the City's collection processing In allgnment•with the Fair Debt Collec.tions Act. NOW THEREFORE, the City Council of the City of Rohnert Park does ordain as foll!,ws: Section 1. Recitals. The above recitals are adopted as findings of the City Council in enatflng this ordinance. Section 2. Amended. Section 13.44.090 of the Rohnert Park Municipal Code is ;amended to read in its entirety as follows: 13.44.090 • Bills-Generally. A.Bills for water and sewer service to residential, commercial, institutio111I and industrial accounts will be rendered'monthly in arrears unless otherwise provided by agreement. 8. Bills for recycled water service will be rendered in accordance with the recycled water agreement. C. If the total period of service ls lei.s than the btillng pertod, the period of service will be prorated and the.sei:vlce charge ad.justed accordlngly. D. Bills for service to all accounts are due and payable upon presentation. Pay111ents may be made iri any manner designated and approved by tile city. E. Bills become delinquent on the sixth day, or next business day if the sixth day falls on a weekend or holiday, of the month after they have been presemsd to the customer. F. A fee of twenty-five dollars will be charged to customers for bill payments returned, from any method of payment. Section 3. Amended. Section 13.44.110 of the Rohnert Park Municipal Code is hereby repealed in its entirety. Section 4. Amended. Section 13.44.140 of the Rohnert Park Municipal Code is hereby repealed in its entirety. Saciion 5.. Environmental Review; The City Councn llnds lhat adopllon of tlil!,ordl• lW\Ce'ls not a projed wjthln the meaning of se�on 15'378 of the GuldellMSfor lmple­m,mtation of the Callfomla EJJVlronmental Quality Act {"CEQA Guldolines") because It 118$ no potenUal foJ resulll1'Q lh physical c�ange in the env1ronmen� etther directly or lndirectty. The Cit)< Council also finds the approval of lhls ordlriance is exempt und.tr• Section 15061(b)(3J. of the CEQA Guidelines because it can be seen with certainty that there Is no fll)SSiblflly that the adoption Of this ordinance may have a significant effect Oil the environment. Sectr6n 6. Severablfity. Tho City Council hereby declares that every ·section, p.ira­graph1sentence, clause, and phra� of this �lnance Is severable. If any.secUon, para• Df3jlh,se�nce, clause or'ph�s rtof this ordlnancaisfor any reason found to b� Invalid Of unconstltulional, such lnVillidity, or JJnC01JStlMklnallly shall not affect the vafldity or cons6tutionalfty•ofthe remaining saitions; paragraphs, sentences, clauses, or phrases. Section 7. Effective Date. This ordinance shall be in full force and effect on July 1, 2023. 5.ecfioit 8. Publlca!lon. The City. Clerk is directed to cause this ordinance to be pub­llshed'.'ln tl1e manner requlred b� law. TIils ordinance was Introduced on Maroh-28, 2023 and adopted fly the Council of1he City of Rohnert Park on April 11, 2023, by tha fo!lowin!Jltlil call vote: AYES: (5) Five Co.unclllll/lmbili-Elwanf, Giudice and Sanborn, Vice Mayor HoJllngsY(Oflh A� and Mayor Rodfigua NOES: (0) Zero ABSENT: (0) Zero AB�TAIN:(0) Zero AITTST: SyMa Lopez Cuevas, City Clerk APPROVED AS TO FORM: Mlchelle Marcl)etQ Kenyon, City Attorney Publlsll Date: April 14, 2023 Tbe�ommu�!ty Voice CITY Of ROHNERT PARK Samantha Rodriguez, Mayor! � � 11 I ORDINANCE NO. 976 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING ROHNERT PARK MUNICIPAL CODE SECTIONS 13.44.090, 13.44.110 AND 13.44.140 TO MODIFY BILLS—GENERALLY, DELINQUENT BILLS— COURTESY NOTICE AND DELINQUENT BILLS—COLLECTION AGENCY CHARGES WHEREAS, the City of Rohnert Park (City) bills residential and commercial utility billing customers in the City on a bi-monthly schedule, except where otherwise noted in the Municipal Code; WHEREAS, the City will be moving to a new Enterprise Resource Planning software system ("Software Change")to invoice utility bills, and this system is optimized for monthly billing; WHEREAS, at the February 28, 2023 City Council meeting, the Council discussed a proposal presented by staff to change the utility billing schedule from bi-monthly to monthly in conjunction with the software change and directed staff to prepare updates for consideration; WHEREAS, amendments to Section 13.44.090 and Section 13.44.110 have been prepared by staff to adjust the utility billing schedule and reduce excessive mailings; and WHEREAS, amendments to Section 13.44.140 have been prepared by staff to bring the City's collection processing in alignment with the Fair Debt Collections Act. NOW THEREFORE,the City Council of the City of Rohnert Park does ordain as follows: Section 1. Recitals. The above recitals are adopted as findings of the City Council in enacting this ordinance. Section 2. Amended. Section 13.44.090 of the Rohnert Park Municipal Code is amended to read in its entirety as follows: 13.44.090 - Bills—Generally. A. Bills for water and sewer service to residential, commercial, institutional and industrial accounts will be rendered monthly in arrears unless otherwise provided by agreement. B. Bills for recycled water service will be rendered in accordance with the recycled water agreement. C. If the total period of service is less than the billing period, the period of service will be prorated and the service charge adjusted accordingly. D. Bills for service to all accounts are due and payable upon presentation. Payments may be made in any manner designated and approved by the city. E. Bills become delinquent on the sixth day, or next business day if the sixth day falls on a weekend or holiday, of the month after they have been presented to the customer. F. A fee of twenty-five dollars will be charged to customers for bill payments returned, from any method of payment. Section 3. Amended. Section 13.44.110 of the Rohnert Park Municipal Code is hereby repealed in its entirety. Section 4. Amended. Section 13.44.140 of the Rohnert Park Municipal Code is hereby repealed in its entirety. Section 5. Environmental Review. The City Council finds that adoption of 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 indirectly. 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 6. 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 7. Effective Date. This ordinance shall be in full force and effect on July 1, 2023. Section 8. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. This ordinance was introduced on March 28, 2023 and adopted by the Council of the City of Rohnert Park on April 11, 2023, by the following roll call vote: AYES: (5) Five—Councilmember Elward, Giudice and Sanborn, Vice Mayor Hollingsworth Adams and Mayor Rodriguez NOES: (0) Zero ABSENT: (0) Zero ABSTAIN: (0) Zero CITY OF ROHNERT PARK at4P'a Rodriguez, ATTEST: Sylvia Lopez Cuevas, City Clerk - AP VE AS FORM: • c e Marchetta Kenyon, City Attorney Ordinance No. 976 Page 2 of 2