2005-052 - Miscellaneous Fees for Fiscal Year 2005-2006

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I. As to the City's Sewer Grease Cleaning Fee, the Council further finds, declares and determines: 1. City Ordinance No. NS-2670, adopted November 16, 2004, regulates burdens placed on the City caused by the deposit of fats, oils and grease by food service enterprises into the City's sewerage system. This Ordinance and its associated Request for Council Action and all exhibits, are hereby incorporated by reference into this Resolution as though set forth in full. 2. Pursuant to Santa Ana Municipal Code section 39.56.6(C)(5), added by Ordinance No. NS-2670, a food services enterprise is permitted to pay a fee, established by resolution of the Council, to the City under certain described circumstances in lieu of installing a grease interceptor. 3. The Grease Cleaning Fee is established herein pursuant to this express authority. The fee for this service would not duplicate any existing fee, charge, levy or other toll currently collected by the City or any public agency, and would be distinct and separate from any current or future (i) sewer standby or availability charge or assessment, (ii) special benefit assessment of special tax imposed pursuant to state or local law, (iii) sewer connection charge or sewer capacity charge paid in connection with or as a condition of approving an application for sewer service, or (iv) any mitigation fee imposed on new development pursuant to state law (Government Code 9 66000 et seq.) or local law. 4. The moneys collected by such a service fee would be placed into a fund that would be used only to repair, replace and perform preventative maintenance on city owned sewer mains or sewer trunk lines caused by fats, oils and grease, and associated costs. No moneys from this fund would go to the city's general fund. J. Based upon the testimony, reports and other evidence submitted on this matter, this city council makes the above-specified findings. Section 2: The Miscellaneous Fee Schedule for Fiscal Year 2005-2006 is hereby adopted. Each fee or service charge set forth shall be levied until further resolution of this Council. Section 3: To the extent that any fee or service charge established pursuant to City Resolution No. 2004-033 is inconsistent with the fees or service charges established pursuant to this Resolution, then said Resolution No. 2004-033 is hereby repealed. Section 4: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact Resolution No. 2005-052 Page 3 of 60