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<br />bk:11/28/06 <br /> <br />RESOLUTION <br /> <br />A RESOLUTION FROM THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA ESTABLISHING A SHOPPING CART <br />CONTAIMENT PROGRAM FEE AND ADDING THIS FEE <br />TO THE UNIFORM SCHEDULE OF MISCELLANEOUS <br />FEES <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS <br />FOLLOWS: <br /> <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br /> <br />A. Section 33-217 of the Santa Ana Municipal Code (Code), adopted by <br />Ordinance No. NS-2725, provides that the City Council may establish, by <br />resolution, an annual fee to administer and manage the City's shopping <br />cart containment program established by said ordinance. This fee will be <br />paid by each owner whose business uses more than five (5) shopping <br />carts. <br /> <br />B. The Council finds that as to this fee: <br /> <br />1. The funds generated by this fee is to be used exclusively to <br />administer and manage the shopping cart containment program <br />established by Article IX of Chapter 33 of the Code. <br /> <br />2. There is a reasonable relationship between the use of these fees <br />and the retailers on which the fee is imposed, in that the <br />administration and management of the City's shopping cart <br />containment program creates an impact on the City, and the fees <br />that will be charged by the City are an appropriate response to this <br />impact in that they will be used to dedicate staff efforts to ensure <br />that the retailers who pay this fee act in accordance with the City's <br />shopping cart containment program. It is also to the benefit of <br />those paying the fee, i.e. retailers who use more than five (5) <br />shopping carts, to have dedicated efforts by City staff to ensure that <br />their competitors comply with the City's shopping cart containment <br />program. <br /> <br />3. There is a reasonable relationship between the impacts the City <br />experiences from abandoned shopping carts in the public right-of- <br />way, and the retailers on whom the fee is imposed because the fee <br /> <br />758-3 <br /> <br />Resolution No. 2006-XXX <br />Page 1 of 2 <br /> <br />