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HomeMy WebLinkAbout2006-083 - Establishing a Shopping Cart Contaiment Program Fee bk 11/28/06 RESOLUTION NO. 2006-083 A RESOLUTION FROM THE CITY COUNCil OF THE CITY OF SANTA ANA ESTABLISHING A SHOPPING CART CONTAIMENT PROGRAM FEE AND ADDING THIS FEE TO THE UNIFORM SCHEDULE OF MISCEllANEOUS FEES BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF SANTA ANA AS FOllOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Section 33-217 of the Santa Ana Municipal Code (Code), adopted by Ordinance No. NS-2725, provides that the City Council may establish, by resolution, an annual fee to administer and manage the City's shopping cart containment program established by said ordinance. This fee will be paid by each owner whose business uses more than five (5) shopping carts. B. The Council finds that as to this fee: 1. The funds generated by this fee is to be used exclusively to administer and manage the shopping cart containment program established by Article IX of Chapter 33 of the Code. 2. There is a reasonable relationship between the use of these fees and the retailers on which the fee is imposed, in that the administration and management of the City's shopping cart containment program creates an impact on the City, and the fees that will be charged by the City are an appropriate response to this impact in that they will be used to dedicate staff efforts to ensure that the retailers who pay this fee act in accordance with the City's shopping cart containment program. It is also to the benefit of those paying the fee, i.e. retailers who use more than five (5) shopping carts, to have dedicated efforts by City staff to ensure that their competitors comply with the City's shopping cart containment program. 3. There is a reasonable relationship between the impacts the City experiences from abandoned shopping carts in the public right-of- way, and the retailers on whom the fee is imposed because the fee is based upon the cost of administration, implementation and monitoring of the shopping cart containment program. Resolution No 2006-083 Page 1 of 3 4. This fee will take effect January 1, 2007. 5. 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. " 6. The monies collected by this fee wouid be directed into a fund that would be used only to reimburse the City for the cost of administration, implementation and monitoring of the shopping cart containment program. C. Based upon the City's study the annual cost of administering, implementing, and monitoring the shopping cart containment program exceeds the annual fee to be imposed of $550.00 annually per premises. A study confirming these facts in greater detail is on file with the Clerk of the Council and is incorporated herein by reference as though fully set forth. D. Based upon all the testimony, reports and other evidence submitted on this matter, this City Council makes the above-specified findings. The Request for Council Action dated December 4, 2006 regarding this resolution, together with Ordinance No. NS-2725 and the Request for Council Action which accompanied said Ordinance are incorporated herein by this reference as though fully set forth. E. Unless otherwise indicated, the definitions set forth in section 33-210 of the Code shall govern the application and interpretation of this resolution. Section 2. An annual $550.00 per premises fee is hereby established for each owner as that word is defined in Article IX of Chapter 33 of the Code. This annual fee will be collected as provided in Article IX or Chapter 33 of the Code. Section 3. Without further action of the City council this fee shall be incorporated into the City's miscellaneous Fee Schedule. 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 that one or more provisions may be declared invalid. Section 4. This Resolution shall take effect immediately, and the Clerk of the Council shali attest to and certify the vote adopting this Resolution. ADOPTED this 4h day of December. 2006. Resolution No. 2006-083 Page 2 of 3 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney ~. I r ----~ ~~ '...-----.,/, ./ Attorney / AY~S Councilmembers Alvarez, Benavides, Bustamante, Martinez, Tinaiero, (5) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Council members Pulido, Solorio (2) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006-083 to be the original resolution adopted by the City Council of the City of Santa Ana on December 4, 2006. Date /o:! - ,6l7-?t; ~~ .......-------- r. Clerk of the Council City of Santa Ana Resolution No. 2006-083 Page 3 of 3