HomeMy WebLinkAboutResolution 2006-120 N.C.S. 06/19/2006 Resolution No. 2006-120 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY COUNCIL OF PETALUMA
OF INTENT TO AMEND WATER CAPACITY CHARGES FOR NEW
DEVELOPMENT IN THE CITY OF PETALUMA
WHEREAS, the City currently imposes water capacity charges including connection
fees (collectively, "water capacity charges") to pay for water system expansion and other
associated municipal improvements to off-set certain impacts of new development, pursuant to
Petaluma Municipal Code Chapter 15.08, including but not limited to Petaluma Municipal Code
sections 15.08.010 and 15.08.150, and,
WHEREAS, water capacity charges have been adopted by City of Petaluma Resolution
No. 88-93 N.C.S., adopted March 21, 1988 and further amended by City of Petaluma Resolution
No. 91-19 N.C.S., adopted January 22, 1991; and,
WHEREAS, the City is currently in the process of preparing studies and scheduling
public comment sessions and hearings to update its General Plan; and,
WHEREAS, the City anticipates certifying environmental documentation for its General
Plan and adopting a revised General Plan ("General Plan 2025") in late 2006; and,
WHEREAS, to plan for anticipated growth under General Plan 2025, the City
Department of Water Resources and Conservation and its consultants have undertaken
engineering and financial studies to determine the necessary infrastructure. and expanded water
conservation programs to provide a potable water supply sufficient to serve existing and
anticipated development under General Plan 2025; and,
WHEREAS, said studies recommend increasing City's water capacity charges, but City
does not intend to do so until General Plan 2025 becomes effective; and,
WHEREAS, the City Council believes that should General Plan 2025 be adopted, water
capacity charges should be adjusted to ensure that revenues from the water capacity charges are
sufficient to pay the City's costs of necessary infrastructure, including expanded water
conservation programs, to accommodate growth under General Plan 2025 and changing State
and federal regulations; and,
WHEREAS, City's professional staff has advised the City Council that in future years,
changes in the costs of providing the improvements paid for by the water capacity charges are
expected to be strongly correlated to changes in the costs of construction, inflation and the costs
of land and/or rights-of--way and should be adjusted accordingly; and,
WHEREAS, the Engineering News Record annually publishes an index of changes in
the cost of the construction for the San Francisco Bay Area (the "Construction Cost Index" or
"CCl").
Resolution No. 2006-120 N.C.S. Page l
NOW, THEREFORE, BE IT RESOLVED that:
1. The City intends, upon adoption of General Plan 2025 to amend its water capacity
charges to reflect the water demand and supply analysis in General Plan 2025, and the
facilities, infrastructure and expanded conservation programs necessary to serve
development under build-out of General Plan 2025. The amount of the amended
water capacity charge is anticipated to be no more than the amounts set forth in the
Water Capacity Charge Update Report, dated May 24, 2006, as prepared by Bartle
Wells Associates from data compiled and analyzed in the General Plan 2025 process
("Bartle Wells 2006 Report"). The Bartle Wells 2006 Report is hereby incorporated
by reference. The recommended water capacity charge amounts reflect the projects,
improvements and programs analyzed in the Bartle Wells 2006 Report, which are
recommended by the water demand and supply analysis studies expected to be
encompassed in and adopted in connection with General Plan 2025.
2. The City also intends to include provisions in the water capacity charge amendment
for automatic inflationary adjustments to appropriate components of the charges, such
as changes in the costs of construction as reflected in the CCI or other appropriate
measure.
3. The City also intends to review and adjust the water capacity charges periodically to
account for any significant changes to capital project costs, land use projections
and/or program costs.
4. This resolution shall become effective immediately.
s. All portions of this resolution are severable. Should any individual component of this
resolution be adjudged to be invalid and unenforceable by a body of competent
jurisdiction, then the remaining resolution portions shall be and continue in full force
and effect, except as to those resolution portions that have been adjudge invalid. The
City Council of the City of Petaluma hereby declares that it would have adopted this
resolution and each section, subsection, clause, sentence, phrase and other portion
thereof, irrespective of the fact that one or more section subsection, clause sentence,
phrase or other portion may be held invalid or unconstitutional.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the roved as to
Council of the City of Petaluma at a Regular meeting on the 19'~ day of June, 2006, fo
by the following vote:
City Attorn
AYES: Vice Mayor Canevaro, Mayor Glass, Harris, Healy, Nau, Torliatt
NOES: None
ABSENT: O'Brien
ABSTAIN: None
~ Q' n e
ATTEST: `~~C~a~~ ~J
City Clerk ayor
Resolution No. 2006-120 N.C.S. Page 2