2004-065RESOLUTION NO. 2004R-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING RULE NO. 22 (WELLS) OF THE WATER RATES, RULES AND
REGULATIONS OF THE PUBLIC UTILITIES DEPARTMENT PROVIDING
THE PUBLIC UTILITIES GENERAL MANAGER AUTHORITY TO
ESTABLISH ALTERNATIVE PROCESSES FOR WELL DESTRUCTION
WHEREAS, the City of Anaheim (Anaheim) maintains a water production and distribution
system for delivering water to residences and businesses of the City of Anaheim and has adopted
Water Rates, Rules and Regulations for the sale and distribution of water; and
WHEREAS, the Anaheim Municipal Code authorizes the City Council to approve reasonable
Rates, Rules and Regulations governing water services; and
WHEREAS, Rule No. 22 (Wells) establishes a process and procedure for well construction,
reconstruction or destruction; and
WHEREAS, the City of Anaheim is reliant on groundwater as a source of drinking water and
the destruction of abandoned wells is important to prevent contamination of groundwater; and
WHEREAS, currently, the Anaheim Municipal Code and the Water Rates, Rules and
Regulations provide the nuisance abatement process as the only recourse to destroy privately owned
abandoned wells; and
WHEREAS, there are wells on certain private properties that have been in existence for more
than thirty (30) years and in many cases the property owner is not aware of the existence of the well
and has not made use of the well; and
WHEREAS, it is in the best interest of the City in the prevention of ground water
contamination to provide the Public Utilities General Manager flexibility to expedite destruction of
abandoned wells in a manner other than through the nuisance abatement procedure; and
WHEREAS, the City Council considered the requirements of the California Environmental
Quality Act and found that the amendment to Rule 22 is categorically exempt, pursuant to Title 14
of the California Administrative Code, Section 15308 (Class 8); and
WHEREAS, the City Council finds and declares that amending Rule 22 (Wells) to authorize
the Public Utilities General Manager to establish alternative processes for destroying abandoned
wells to protect groundwater from contamination and to protect the health, safety and welfare of the
community is warranted and reasonable.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANAHEIM:
1. That it certifies that the adoption of the amendment to Rule 22, as shown in
Attachment A, is categorically exempt from the California Environmental Quality Act, in accordance
with Title 14 of the California Administrative Code, Section 15308 (Class 8).
2. That the amendment to Rule 22 (Wells) as shown in Attachment A, to authorize the
Public Utilities General Manager to establish alternative processes for destroying abandoned wells,
including programs to promote the destruction of wells in order to protect groundwater from
contamination and to protect the health, safety and welfare of the public, is hereby adopted by the
City Council of Anaheim and shall become effectively July 1, 2004.
3. That the Public Utilities General Manager is hereby authorized and directed to
prepare, promulgate, publish and implement such amendment to Rule 22 as set forth herein.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 20th day of April ,2004, by the following roll call
vote'
AYES'
Mayor Pringle, Council Members; Chavez, Hernandez, McCracken, Tait
NOES' None
ABSENT: bione
ABSTAIN: None
¢~ITY CLE~d4 OffTHE CITY OF ANAHEIM
CITY ,
By~
MAYOR OF THE ~kNAHEIM
53897.1