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
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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
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APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
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Attorney
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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;
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Clerk of the Council
City of Santa Ana
Resolution No. 2006-083
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