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RES-2006-010RESOLUTION N0.2006- 010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING FEES PURSUANT TO CHAPTER 7.52 OF TITLE 7 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SHOPPING CART CONTAINMENT AND RETRIEVAL WHEREAS, Chapter 7.52 of Title 7 of the Anaheim Municipal Code as adopted by City Council Ordinance No. 6013 ("Chapter 7.52"}provides that any retail establishment within the City of Anaheim providing more than five shopping carts for the use of patrons or customers shall be required to submit and obtain the approval of a plan for the containment or retrieval of such shopping carts in accordance with the requirements of said Chapter 7.52 of the Anaheim Municipal Code (the "Plan"); and WHEREAS, subsection .010 of Section 7.52.050 of Chapter 7.52 further provides that no proposed Plan shall be accepted for filing and processing by the Community Preservation Manager unless accompanied by the processing fee established by the City Council; and WHEREAS, subsection .040 of Section 7.52.050 of Chapter 7.52 further provides that the owner of any retail establishment which has an approved Plan may, at any time, submit a proposed amendment to the approved Plan and that no such amendment shall be accepted for filing and processing by the Community Preservation Manager unless accompanied by the amendment processing fee as established by the City Council; and WHEREAS, subsection .010 of Section ?.52.060 of Chapter 7.52 further provides that any owner aggrieved by any adverse decision of the Community Preservation Manager may appeal such decision to the City Manager as provided therein and that no such appeal shall be accepted for filing and processing by the Community Preservation Manager unless accompanied by the appeal processing f~ as established by the City Council; and WHEREAS, the City Council desires to establish the fees and rates hereinafter set forth in this resolution as the processing fees authorized and required by Chapter 7.52 of Title 7 of the Anaheim Municipal Code; and WHEREAS, said fees and rates as hereinafter set forth have been considered at a duly noticed public meeting or hearing as required by law; and WI~REAS, the City Council finds that said fees and rates, in the amounts hereinafter set forth in this resolution, are less than or equal to, but in any event do not exceed, the actual direct and indirect costs and expenses incurred by the City of Anaheim in receiving, processing, analyzing and acting upon said proposed plans, appeals and amendments: and WHEREAS, the City Council further finds and determines that this resolution is exempt from the provisions of the California Environmental Quality Act pursuant to Section 21080 (b) {8) of the California Public Resources Code in that said fees and rates are established to meet operating expenses, including employee wage rates and fringe benefits and purchasing or leasing of supplies, equipment, materials and services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM AS FOLLOWS: SECTION 1. PROCESSING FEES AND RATES. The processing fees specified in Chapter 7.52 of Title 7 of the Anaheim Municipal Code shall be as follows: Plan Submission Fee (Section 7.52,050.010}: $211.00 Plan Amendment Fee {Section ?.52.050.040}: ~ $104.00 Appeals (Section 7.52.060): Initial Deposit $310.00 Hourly Fee Rate $155.00 The total appeal fee shall be equal to the number of staff hours expended in processing said appeal multiplied by the hourly fee rate set forth above. The initial deposit shall be credited against the total appeal fee. Upon notice that the initial deposit (or aay additional deposit amount) has been exhausted, the appellant shall make an additional deposit equal to the initial deposit amount set forth above. The procedures and requirements relating to such initial deposits and additioaal deposits shall governed by the same procedures and requirements as set forth in Chapter 18.80 of the Anaheim Municipal Code. SECTION 2. OPERATIVE DATE. This resolution and the fees established herein shall become operative on the date of adoption of this resolution, The fees and charges established herein shall apply to any amounts which become due to the City for any service which is rendered on or after the operative date of this resolution. THE FOREGOING RESOLUTION was approved and adopted by the City Council of the City of Anaheim at a regular meeting of said City Council held on the 31st day of January , 2~6, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None 2 ABSENT: None ABSTAIN: None ATTEST: CI OF E CITY OF ANAHEIM b0389.1 CITY OF ANAHE By MAYOR OF THE CI F AHEIM i Summary o_posed Chapter 7 5Z Chapter 7.50 of the Anaheim Municipal Code currently regulates the retrieval of lost, stolen and abandoned shopping carts by the City, or a retrieval service hired by the City under a contract, and the obligations of the owner of retrieved carts to claim and pay for the cost of the retrieval service. Because of restrictions in state law, the current procedure is costly to the taxpayers. In addition, the current regulations do not obligate the owners of businesses using such carts to implement measures to prevent the removal of shopping carts from their business premises or to promptly retrieve lost, stolen or abandoned carts. The proposed ordinance would add new Chapter 7.52 to the Anaheim Municipal Code to impose new obligations on the owners of businesses which provide shopping carts for the use of their customers to address and mitigate issues relating to the removal of shopping carts from the business premises andlor the timely retrieval of shopping carts which are removed from the premises of the business. Proposed Chapter 7.52 contains the following new requirements: 1. The owner of any business which provides a total of more than five shopping carts for the use of its customers would be required to develop, implement and comply with the provisions of a plan either to prevent the removal of shopping carts from the business premises (a "Removal Prevention Plan") or to promptly retrieve any lost, stolen or abandoned carts identified as belonging to the business from any public or private property other than the business premises, 2. Any Removal Prevention Plan would need to contain provisions requiring, at a minimum, the following measures: (a) signs on each shopping cart identifying the cart owner, informing the public that unauthorized removal of the cart from the business premises is a crime under state law, a telephone number or address for returning the cart, and other information as specified by state statute; (b) distribution of notices and posting of signs on the premises warning customers that removal of shopping carts from the premises is a violation of state law; (c} physical measures to prevent the removal of carts from the premises, as chosen by the business owner, which measures could include, but are not limited to, disabling devices on the carts, physical barriers on the premises, security guards, and security deposits for use of carts; and (d) employee training programs, Two or more businesses would be permitted to collaborate and submit a single Removal Prevention Plan. 3. Any Cart Retrieval Plan would need to contain provisions requiring, at a minimum, the following measures: (a) identification and use of employees or contract cart retrieval services hired by the business owner to ensure the retrieval by the business of lost, stolen or abandoned shopping carts removed from the business premises; (b) retrieval personal would be required to patrol all public streets within a minimum radius of one mile from the business premises at least once each 48 hours to search for lost, stolen or abandoned shopping carts removed from the premises; bus stops within a one mile radius of the business premises would be required to be patrolled at least once each 24 hours; (c) the owner must submit a monthly report to the Community Preservation Manager specifying the number of shopping carts retrieved. 4. Any new or relocated business would be required to obtain City approval of either a Removal Prevention Plan or a Cart Retrieval Plan prior to providing shopping carts for use by its customers. 5. Any existing business would be required to submit either a proposed Removal Prevention Plan or a Cart Retrieval Plan to the City within 120 days following the adoption of Chapter 7.52, 6. The Community Preservation Manager would approve any Plan conforming to the requirements of Chapter 7.52 within thirty days following its filing. Any Plan not conforming to the requirements of Chapter 7.52 would be denied. 7. An existing business would be prohibited from providing shopping carts for use by its customers after 150 days following the adoption of Chapter 7.52 unless such business had an approved Plan. Such period would be extended so long as an appeal of the denial of a Plan was still pending, 8. Following a noticed hearing, the Community Preservation Manager may revoke an approved Plan if either: (a) the business is operating in violation of any provisions of the Plan and continues to so operate after at least fifteen days notice from the City to correct the violation; (b) the business is operating in violation of any requirement of Chapter 7.52 and continues to so operate after at least fifteen days notice from the City to correct the violation; (c} an approved Removal Prevention Plan is inadequate to prevent removal of shopping carts from the premises; or {d) an approved Cart Retrieval Plan is inadequate to ensure prompt retrieval of shopping carts removed from the premises. As an alternative to revocation, the Community Preservation Manager may approve an amendment to an existing Plan if the violation is due solely to the inadequacy of the existing plan. 9, Following any decision of revocation becoming final, the business could not apply for a new Plan, or provide shopping carts to customers, for a minimum of 180 days. 10. Decisions of the Community Preservation Manager would be subject to appeal to the City Manager. The City Manager would either hold a hearing on the appeal or appoint an employee hearing officer to conduct the hearing and make a recommendation, The City Manager would either approve or deny the appeal. The decision of the City Manager would be final on any appeal. 11. It would be unlawful for any business to provide shopping carts to its business customers without either an approved Removal Prevention Plan or an approved Cart Retrieval Plan. It would also be unlawful for any business to fail to affix a sign to each of its shopping carts bearing the information specified in state law concerning the unlawfi~l removal of the cart from the premises. (State law provides that it is unlawful to remove from the business premises or tamper with any shopping cart bearing such a sign but does not expressly require that every cart must have such a sign.) The first violation of either of these provisions would be an infraction only, Additional violations by the same person or entity would be punishable as a misdemeanor. 51333.1110114105