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2005-127RESOLUTION N0. zao5-127 A RESOLUTION OF THE CITY COUNCII, OF THE CITY OF ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF WATER AS ADOPTED BY RESOLUTION N0.72-600 AND MOST RECENTLY AMENDED BY RESOLUTION N0. 2005R-39 WHEREAS, the City of Anaheim (Anaheim) maintains a water transmission and distribution system for the distribution of water to residents and inhabitants of Anaheim and has adopted Rates, Rules and Regulations for the sale and distribution of water; and WHEREAS, the Anaheim Municipal Code authorized the City Council to approve reasonable Rates, Rules and Regulations governing water services and fees for providing water services; and WHEREAS, these fees shall be based on the actual costs of providing water services including labor costs and other direct and indirect costs to Anaheim; and WHEREAS, the City Council has previously established some of the fees authorized by the Anaheim Municipal Code; and WHEREAS, due to increases in Anaheim's costs it is in the public interest and welfare to amend certain fees heretofore established; and WHEREAS, due to a review and analysis of actual costs to provide water services it is appropriate to modify and increase such fees; WHEREAS, the City Council hereby finds that said fees, in the amounts hereinafter set forth, are less than or equal to, but in any event not greater than, the actual direct and indirect costs and expenses incurred by the City in providing the related water services; and WHEREAS, the City Council further finds and determines that this, establishment of and amendment to fees is exempt from the California Environmental Quality Act pursuant to Section 21080(b)(8) of the California Public Resources Code. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Anaheim as follows: 1. The changes and additions to the Water Rates, Rules and Regulations as set forth in Appendix A shall be, and are hereby, adopted and shall be effective July 1, 2005. 2. The fees establishedand/or amended herein shall, upon effectiveness, supersede any previously adopted fees for the same water services. 3. The City Council hereby declares that should any one or more fees established by this Resolution or any portion of this Resolution be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other fees and portions of this Resolution independent of the elimination herefrom of any such fees or portion as may be declared invalid. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 14 thAay of June , 2005, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None CITY OF AHEIM By MAYOR OF TIC C OF ANAHEIM ATTEST: ,r CITY RK 0 THE CITY OF ANAHEIlVI 57528 2 CITY OF ANAHEIM WATER RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page Na. 3.22.1 Anaheim, CA 92805 RULE N0.22 WELLS A. PROJECT APPROVAL AND PERMIT FEES An applicant will be required to obtain a permit for the purposes of well construction, reconstruction or destruction within the Water Service Area. The permit will be issued only a$er approval of the proj ect by the Environmental Services Manager. It will be the responsibility of the applicant to substantiate, to the satisfaction of the Utility, that the construction or reconstruction of the wells will not impair the City's ability to produce and distribute groundwater for present and future uses to the residents and citizens of the City, and that the construction, or reconstruction of the wells will not impair the quality of the groundwater and will not jeopardize the health, safety or welfare of the people of the City. It will also be the responsibility of the applicant to substantiate, to the satisfaction of the Utility, that the destruction or abandonment of wells will not impair the quality of the groundwater or otherwise jeopardize the health, safety, or welfare of the residents or citizens of the City. In situations where impacts have been identified, they must be fully mitigated, to the satisfaction of the Utility, prior to final approval of the project and issuance of permits by the Environmental Services Manager. 1. Fees The General Manager shall establish well permit fees based on the actual costs incurred b, Utility to conduct well inspections and administer a well permit program An updated well pernrit fee rate sheet shall be prepared annually and made available to the public. B. RESPONSIBILITY FOR WELL DESTRUCTION Abandoned wells shall be properly destroyed by the well owner. A well is considered to be abandoned if it is inactive for more than one year unless written permission is obtained from the Public Utilities General Manager to keep the well inactive for a longer period of time. In addition to the Public Nuisance Process described in AMC b.44, the Public Utilities General Manager shall have the authority to establish alternative processes for destroying abandoned wells, including programs to promote the destruction of wells in order to protect groundwater andlor public safety. ISSUED BY: Effective: 07-01-04 by Resolution No.: 2004R-b5 Dated: 04-20-04 Marcie Edwards Superseding Resolution No.: 99R-142 Dated: 06-22-99 General Manager r' i ~.. .. ...... ~ F wir.i ..i. W.... .w. .......- .w-. r.~.. ~r~.. a.+.....u.I~~..H~~w-0y~t. ~. Y.. .w ' ..... .. ~. ...v.......r YY-la .. CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 WATER RATES, RULES AND REGULATIONS RULE N0.23 UNDERGROUND STORAGE TANK CLEAN-UP OVERSIGHT Page No. 3.23.1 The General Manager shall establish underground storage tank cleanup oversight fees based upon the actual costs incurred by the Utility to conduct re story aversi to ensure appropriate cleanup of releases of hazardous materials from underground storage tanks An updated oversight fee rate sheet shall be prepared annually and made available to the public. Each cleanup case shall only be charged for the actual time required for its re tort' oversight. The costs shall include. but nat necessarily limited to personnel training, and vehicle costs. ISSUED BY: Effective: 07-01-03 by Resolution No.: 2003R-135 Dated: 06-17-03 Marcie Edwards Superseding Resolution No.: NA Dated: NA General Manager