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<br />I. As to the City's Sewer Grease Cleaning Fee, the Council further finds, <br />declares and determines: <br /> <br />1. City Ordinance No. NS-2670, adopted November 16, 2004, <br />regulates burdens placed on the City caused by the deposit of fats, oils and grease by <br />food service enterprises into the City's sewerage system. This Ordinance and its <br />associated Request for Council Action and all exhibits, are hereby incorporated by <br />reference into this Resolution as though set forth in full. <br /> <br />2. Pursuant to Santa Ana Municipal Code section <br />39.56.6(C)(5), added by Ordinance No. NS-2670, a food services enterprise is <br />permitted to pay a fee, established by resolution of the Council, to the City under certain <br />described circumstances in lieu of installing a grease interceptor. <br /> <br />3. The Grease Cleaning Fee is established herein pursuant to <br />this express authority. The fee for this service would not duplicate any existing fee, <br />charge, levy or other toll currently collected by the City or any public agency, and would <br />be distinct and separate from any current or future (i) sewer standby or availability <br />charge or assessment, (ii) special benefit assessment of special tax imposed pursuant <br />to state or local law, (iii) sewer connection charge or sewer capacity charge paid in <br />connection with or as a condition of approving an application for sewer service, or (iv) <br />any mitigation fee imposed on new development pursuant to state law (Government <br />Code 9 66000 et seq.) or local law. <br /> <br />4. The moneys collected by such a service fee would be placed <br />into a fund that would be used only to repair, replace and perform preventative <br />maintenance on city owned sewer mains or sewer trunk lines caused by fats, oils and <br />grease, and associated costs. No moneys from this fund would go to the city's general <br />fund. <br /> <br />J. Based upon the testimony, reports and other evidence submitted on this <br />matter, this city council makes the above-specified findings. <br /> <br />Section 2: The Miscellaneous Fee Schedule for Fiscal Year 2005-2006 is <br />hereby adopted. Each fee or service charge set forth shall be levied until further <br />resolution of this Council. <br /> <br />Section 3: To the extent that any fee or service charge established pursuant to <br />City Resolution No. 2004-033 is inconsistent with the fees or service charges <br />established pursuant to this Resolution, then said Resolution No. 2004-033 is hereby <br />repealed. <br /> <br />Section 4: If any charge, fee, service charge, section, subsection, sentence, <br />clause, phrase or word of this Resolution is for any reason held to be invalid by a court <br />of competent jurisdiction, such decision shall not affect the validity of the remaining <br />portions of this Resolution. The City Council hereby declares that it would have passed <br /> <br />Resolution No, 2005-052 <br />Page 3 of 4 <br /> <br />75A2-5 <br />