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F. Abandoned shopping carts also clog storm drain channels reducing their ability to function properly, by trapping debris and trash and thereby creating flooding hazards. Carts in the storm drains, if not removed promptly by the City, could well constitute violation of the City's waste discharge requirements, and subject the City to tens of thousands of dollars per day in administrative fines levied by the Regional Water Quality Control Board. G. The City currently spends over $80,000 per year to retrieve abandoned shopping carts. As the industry itself has testified to this City Council, it is appropriate that regulatory measures be taken to reduce the burden on the City's taxpayers and provide for those businesses that use shopping carts to take a greater hand in controlling this problem by making efforts to contain shopping carts used by their customers on their premises. H. The staff reports and oral testimony before the Neighborhood Improvement/Code Enforcement Committee (NI/CE) on June 28, 2005, July 26, 2005, August 23, 2005, October 25, 2005, January 24, 2006, June 27, 2006, and July 31, 2006, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council, shall constitute necessary findings for this ordinance. The Request for Council Action for this ordinance dated September 18, 2006, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council at this meeting as well the City Council meeting on August 21, 2006 in which a work study session was held on the Proposed Shopping Cart Regulations, shall additionally constitute the necessary findings for this ordinance. The City Council has considered all of the written and oral testimony offered concerning whether to adopt this ordinance. K. Based upon this record the City Council finds that the standards set forth in this ordinance, and each of them, are necessary to protect the public safety and welfare of the residents of the City of Santa Ana associated with shopping carts. L. The police power regulations, such as those employed in this ordinance, are legitimate, reasonable means of accountability to help protect the public safety and welfare of the residents of the City of Santa Ana. M. In accordance with the California Environmental Quality Act, a categorical exemption has been adopted for this ordinance. Ordinance No. NS-XXX Page 2 of 14 11 A-2