HomeMy WebLinkAbout01 SHOPPING CART AMEND 02-03-09~ Agenda Item ~
AGENDA REPORT Reviewed:
City Manager
Finance Director 'sh`~._
MEETING DATE: FEBRUARY 3, 2009
TO: TUSTIN CITY COUNCIL
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CODE AMENDMENT 08-004 (ORDINANCE NO. 1360)
SHOPPING CART ORDINANCE
SUMMARY:
Upon direction of the City Council, in March 2008, City staff provided the Council with a
staff report that discussed the issues associated with the abatement of shopping cart
nuisances. Staff also provided the City Council with a copy of the City of Westminster's
ordinance on shopping carts. At that time, the City Council directed staff to implement a
program similar to the City of Westminster's and perform outreach to the City's retailers
and the Chamber of Commerce to receive input. (Attachment A)
Based on the direction of the City Council, staff has prepared Code Amendment 08-004
(CA 08-004) for Ordinance No. 1360 to establish new shopping cart regulations. These
regulations would require all retail businesses in the City that utilize ten or more
shopping carts to implement and maintain a mandatory cart containment and retrieval
plan to prevent the removal of shopping carts from their premises and ensure that
retailers maintain their carts on-site.
On January 13, 2009, the Plai
Commission held a public hearing at ~
they considered the proposed shod
cart abatement ordinance. The Commi
conducted a public hearing; received
from the public; reviewed a letter of su
from the Chamber of Commerce; disc
the implications of the proposed ordim
and adopted Resolution No.
recommending that the Tustin City Cc
approve Ordinance No. 1360.
City Council Report
Shopping Cart Ordinance
Page 2
RECOMMENDATION:
That the Tustin City Council adopt Ordinance No. 1360 amending Article 5 Chapter 9 of
the Tustin City Code establishing updated regulations for the abatement of the shopping
cart nuisance.
FISCAL IMPACT:
Current practices based on the City's existing shopping cart ordinance has required a
substantially larger commitment of City resources from City personnel including code
enforcement, public safety officers (PSO's), and police officers than what was anticipated
when the current ordinance went into effect in 1997. The City currently spends
approximately one thousand dollars ($1,000.00) per month on retrieval of abandoned
carts.
The proposed ordinance would shift the responsibility of retaining carts on-site and cart
retrieval to the retailers who own the carts. Based on the requirements of the proposed
ordinance, which includes installation of physical barriers, the cost of implementation to
individual retailers is approximately $5,000 to $20,000. However, the enhanced retention
and recovery of abandoned carts (which cost retailers approximately $150 per cart) may
help to balance the cost of implementation.
The plan review process required for the cart containment and cart retrieval plans would
be subject to the City's Design Review process set forth in Chapter 2 Section 9272.
Processing fees would be consistent with the Planning Division fees established as part of
the comprehensive citywide fee schedule. The plan review would be subject to the Minor
Remodel charge in the amount of $350 which will account for the cost of services levied.
The established fee may vary in accordance with the yearly updates of the comprehensive
citywide fee schedule.
DISCUSSION AND BACKGROUND:
Abatement of Shopping Cart Nuisance Ordinance
Many Tustin retailers offer their customers the convenience of shopping carts to move
retail goods from stores to parked vehicles (Attachment B). However, some customers
walk from retail establishments and abandon shopping _' ' ~; -
carts after use along streets, in residential i~ --
~_
neighborhoods, and throughout the City. Sometimes _„~~ „ 1
abandoned shopping carts are found in drainage - -~
ditches, in landscape planters, blocking sidewalks, and ° r
in flood control channels where they are used as ladder;. -
for climbing over fences enclosing the channels. •
Abandoned shopping carts are often found to impede
traffic which can affect emergency response vehicles.
Abandoned shopping carts cause blight, impede -'
City Council Report
Shopping Cart Ordinance
Page 3
streets, public and private walkways and may pose a potential hazard to the health and
safety of the community.
For more than a decade, the Tustin Pride Committee has been concerned with
abandoned carts and the associated negative impacts. The Committee recognized that
abandoned shopping carts are a citywide issue and, in their efforts to promote a
cleaner, healthier, safer, and more beautiful Tustin, they have been working with the
City and the community to address the problem.
On average, code enforcement officers retrieve approximately 15 to 30 carts each
month and the Police Services Officers (PSO's) with the Tustin Police Department have
recently responded to complaints for more than 30 carts per week.
The City currently enforces the following:
1. State law (Business and Professions
Code 22435 - 22435.8, Attachment C)
and
2. The City's Abatement of Shopping
Cart Nuisance Ordinance adopted by
the Tustin City Council on July 21,
1997 (T.C.C. Section 5900,
Attachment D).
:~~-
~.
State Law (Business and Professions Code)
State law authorizes cities to regulate businesses with shopping carts and to retrieve,
impound, and collect fines for abandoned owner-identified shopping carts (Business &
Professions Code § 22435 et seq.). In addition, any person who removes a shopping
cart from the premises of a retail establishment is guilty of a misdemeanor under State
law.
A summary of the State's procedures for cart removal and retrieval is provided below:
Owner-Identified Carts
The City's ability to regulate abandoned shopping carts depends upon whether the carts
are owner-identified carts, meaning a sign is permanently affixed to each cart. The City
has the authority under State law to impound these owner-identified shopping carts
provided the City gives notice to the cart owner. The options available to the City are as
follows:
- Provide 3 days' notice before impound -The City may provide the owner with
three days notice of the discovery and location of the cart before impounding it
City Council Report
Shopping Cart Ordinance
Page 4
(to give the owner an opportunity to retrieve the cart). If the cart is not retrieved
by the owner within three days after the notice is provided, the City may impound
the cart and may recover a fee from the cart owner to cover the City's costs (§
22435.7(b)).
Provide notice within 24 hours after impound -The City may impound the cart
immediately upon its discovery, but must provide the cart owner with actual
notice of the impound within 24
hours. The City may recover a fee to
cover its costs, unless the cart owner
reclaims the cart within three
business days of receiving notice
(§22435.7(1)).
- Impound immediately in an
emergency situation - In instances
where the location of a shopping cart
will impede emergency services, the
City may immediately retrieve the
cart from public or private property
and impose a fee to recover its costs.
In all instances, regardless of the notice that is provided, impounded carts must be kept
at a location that is both reasonably convenient to the owner of the cart and open for
business at least six hours of each business day. In accordance with specific notification
requirements, the City may also charge cart owners a fee to recover costs and a fine of
up to $50.00 for each occurrence in excess of three during asix-month period.
Unidentified Shopping Carts
The City is not bound by the requirements of Section 22435.7 for abandoned shopping
carts lacking the appropriate identification. The City may remove any unidentified
shopping carts located on public property. These carts are typically impounded for
approximately 30 days to allow a rightful owner the opportunity to recover the cart. The
City may charge the owner a fee to recover the cost of retrieval, impound, and storage
of the carts. Unidentified carts located on private property may be removed by the City
in accordance with the existing nuisance and abatement regulations.
ANALYSIS:
Limitations of State Law
State law has established a very lengthy and costly cart removal process that City staff
must follow when an abandoned shopping cart is discovered that has been removed
from the premises or the parking area of a retail establishment. Specific limitations are
shown below:
City Council Report
Shopping Cart Ordinance
Page 5
Provide 3 days' notice before impound -This requirement is infeasible because it
leaves the cart in the off-site location fora minimum of three days. The
abandoned carts are often dumped in ditches, discarded on private property, or
deserted along public walkways and streets where they may impede pedestrian
or emergency response personnel. A letter must be sent by staff to notify the cart
owner and an additional three days given for retrieval. If the carts are not
retrieved after almost a week, staff must ;~ ~IJi III ~~ ~ p_ °°
then find and retrieve the carts (which are ~~'~~~~ rt. d ~~ ~ ` +~ ~
frequently moved from one location to ;. I,
another) and store them in a location that is ;..~;:, ~~
readily available for the cart owners' ~' ,., ~-~~ ~,
retrieval. This causes h sical constraints '' , '~
on staff who must physically lift the carts !,~>~:'~f^
into a truck and place them in the City s --.::,~r , :.~~°"
yard where there is limited space for such '.
carts. Furthermore, cost recovery for
~ ~~',
storage is minimal and requires additional
staff time and resources.
- Provide notice within 24 hours after impound - If City staff immediately retrieves
and impounds a cart, there are similar constraints including physically moving the
cart to the City's storage yard and limitations on storage space. Furthermore,
staff must then notify the owner to pick up the cart and fee recovery can become
a lengthy process.
- Impound immediately in an emergency situation -
Shopping carts that impede emergency services
can create dangerous situations to the public until
such time that they can be retrieved by staff.
Although staff is permitted to immediately retrieve
these carts, the City is still required to physically
move them, notify the owner, and store them until
they are claimed.
As long as retailers pick up their impounded carts within the extensive time limits
required, State law requires the City to perform all abandoned shopping cart collection,
investigation, outreach, and storage activities without any responsibility to the retailer.
This process is complicated by the fact that ownership of the abandoned cart is not
always evident. and State law mandates that the City impound and store identifiable
abandoned carts for up to 30 days and carts retrieved within 3 days are returned at no
cost to the cart owner.
State law allows for cart retrieval companies to recover abandoned shopping carts;
however, this is an additional cost to the City and continues to drain City resources
since staff must oversee the contract and ensure that the carts are retrieved.
City Council Report
Shopping Cart Ordinance
Page 6
Furthermore, based on past experience, the
cart retrieval companies do not always retrieve
carts in a timely manner. They typically do not
retrieve unidentified carts since they only
receive compensation from retailers with whom
they also contract for their retrieval services.
They receive compensation from both the City
and the retailers.
Limitations of the Current City Code
The current Abatement of Shopping Cart
Nuisance Ordinance for the City of Tustin limits the City's ability to successfully deal
with abandoned shopping carts. It was implemented in 1997 and, at that time, staff
identified and quantified the issues associated with abandoned shopping carts. The
issue was identified as a community problem where no one entity could successfully
eradicate the problem alone.
The City took amulti-faceted approach based on education, retrieval, community
involvement, enforcement, and anticipated legislative change to better address the
problem. The program depended on the voluntary cooperation and involvement of the
retailers. However, today we are faced with many of the same problems because active
involvement by the retailers has not occurred.
City code enforcement staff must deal with
shopping carts abandoned throughout the City
that customers have removed from retail
parking lots. Under State law, the abatement
of abandoned shopping carts is a lengthy and
expensive process. City expenses associated
with the collection, investigation, outreach and
storage of abandoned shopping carts cannot
be recovered in every situation. The current
process takes a great deal of staff time; there
are physical constraints and multiple
restrictions on removal; and, the limitations on
cost recovery have become a drain on City
resources.
City Of Westminster Ordinance
Several cities, including Anaheim, Santa Ana, Buena Park, Costa Mesa, Pasadena,
Long Beach, Westminster, and most recently Fountain Valley, have adopted updated
shopping cart ordinances to address the abandoned shopping cart nuisance. On
January 16, 2008, the City of Westminster adopted an ordinance which requires all
retail establishments with ten or more shopping carts to prevent the removal of
City Council Report
Shopping Cart Ordinance
Page 7
shopping carts from their premises. The City of Westminster's ordinance requires
businesses that utilize shopping carts to submit a cart containment plan and a cart
retrieval plan to ensure shopping carts cannot be removed from the premises and to
ensure the return of such carts should they be removed from the site. Some of the
features of the plan include: physical barriers, signs on carts, notices, cart confinement,
and employee training. Once the shopping cart plan is approved by the City, future
uncorrected violations could result in revocation of the retail business' right to use
shopping carts, whereupon the retailer must re-submit and commit to implementing a
new shopping cart plan to be reviewed and approved by the City.
Proposed Tustin Ordinance
City staff is proposing regulations based on the Westminster ordinance that will ensure
retailers implement reasonable measures to prevent cart removal and provide for
prompt retrieval of shopping carts that have been abandoned off-site.
As shown in draft Ordinance No. 1360 (Attachment E), the proposed code amendment
to the Tustin City Code is necessary to strengthen and clarify regulations for the
abatement of shopping cart nuisance. The following table outlines and summarizes the
new ordinance:
Table 1
Section Title Summa
5900 DECLARATION OF Set forth regulations to ensure that reasonable measures are
PUBLIC NUISANCE AND taken by owners and operators of businesses to (a) prevent the
PURPOSE removal of shopping carts from business premises and parking
lots, and (b) provide for the prompt retrieval of lost, stolen or
abandoned shopping carts; and, complement and supplement
provisions of state law and ado t local regulations.
5901 DEFINITIONS Update, strengthen, clarify, and consolidate definitions. Some of
the new definitions include defining "abandoned shopping cart"
or "lost, stolen or abandoned shopping cart." Other definitions
added include: "enforcement personnel," "laundry cart," "parking
area," "premises;" and clarifying definitions for "owner," "retail
establishment," "unidentified shopping cart," and consolidating
the definition of "sho in cart" to include the term "cart."
5902 NUISANCE ABATEMENT Removed reference to private service providers since the new
AUTHORITY ordinance will re uire retailers to rovide this service.
5903 MANDATORY The new section requires retailers to include:
MEASURES TO 1) Cart Containment Plan with measures such as signs affixed to
PREVENT THE carts, notice to customers, daily cart confinement, employee
REMOVAL OF CARTS training, and installation of physical measures, including disabling
devices and physical barriers; and,
2) Mandatory Cart Retrieval Plan identifying retrieval personnel
and rom t retrieval of carts.
5904 PLAN SUBMISSION AND The new section outlines plan submission and approval by the
APPROVAL City for the Cart Containment and Mandatory Cart Retrieval Plan.
It also includes an amendment and appeal process.
City Council Report
Shopping Cart Ordinance
Page 8
5905
REVOCATION Establishes grounds for revocation including: failure to correct
violations, inadequate containment plan, or inadequate retrieval
plan. Provides process for revocation and, upon revocation,
prohibits use of shopping carts until a new plan is approved by
the City.
Unlike the Westminster ordinance, the Tustin ordinance would
allow a retailer to immediately remedy the revocation by allowing
them to submit a new plan immediately (instead of a 180-day
eriod after the notice of revocation.
5906 PENALTIES Establishes new penalties for violations subject to Section 1121
of the TCC for continuing violations. Proceedings and cumulative
enalties are also included in this section.
Outreach Workshop
On October 8, 2008, City staff held a public workshop for retailers who utilize shopping
carts within the City of Tustin to discuss past problems, issues, and the City of
Westminster's ordinance for abatement of shopping cart nuisance. At the workshop,
staff provided a PowerPoint presentation the issues and various ordinances regarding
abandoned shopping carts.
The retail representatives who attended were then invited to provide input to staff on
options for possible inclusion to the proposed ordinance. Several issues were raised
stemming from their frustrations with the shopping carts being stolen.
Cin of :•.,snn
October ~. =i;!:~.
Representatives from one major retailer at
the District indicated that they were
unaware that carts were being removed
from their site. Another representative of a
local market asked what the penalty was
for those who were caught stealing a cart.
An officer representing the Tustin Police
Department, who attended the workshop,
indicated that it is difficult to apprehend
suspects who steal carts and that it is a
misdemeanor offense by law. However, the
police have noticed that even if someone is
caught removing a shopping cart, the
retailers typically do not press charges and it becomes difficult to prosecute. This does
not solve the problem and ties up police resources in the City.
Another suggestion was made by a representative of a major grocery store chain that
the City consider a "reverse requirement" that would exempt retailers from compliance
with any new ordinance unless the business continually failed to retrieve its own
abandoned carts. Based on his suggestion, only those businesses who continued to
experience cart removal from their site would be required to submit cart retrieval and
cart containment plan, thereby reducing the costs associated with implementing
City Council Report
Shopping Cart Ordinance
Page 9
physical measures including disabling devices and physical barriers which can be costly
to the business. However, the representative also suggested that violations only occur if
"more than 30 carts within aone-week period were found abandoned." This rate would
be difficult to substantiate from one business within aone-week period. Additionally, it
would create a situation where all retailers were not treated equally and, instead, would
rely on the current requirements of State law, which have not been adequate to address
abandoned shopping carts. Furthermore, this would put the burden back on the City to
find and document the number of identified carts found abandoned during any one-
week period of time. This is contrary to the direction from City Council and the intent of
the proposed City ordinance to reduce staff costs associated with the abandoned
shopping cart nuisance.
At the close of the workshop, staff reiterated the need for the retailers to play a
responsible part in keeping their property on their site and helping to reduce the blight
caused by abandoned shopping carts.
The Chamber of Commerce was also provided with a copy of the draft report and
ordinance for review and comment in November. After reviewing the documents, the
Chamber provided a letter of support (Attachment G) acknowledging that cart
containment "should not be the sole responsibility of the City of Tustin but a partnership
with the retailers." The Chamber further recognized that "Retail businesses that utilize
shopping carts should be held accountable and take responsibility for an effective cart
containment and retrieval plan". In closing, they recommended that the proposed
ordinance be adopted.
ENVIRONMENTAL ANALYSIS
Pursuant to California Environmental Quality Act ("CEQA") Guidelines Section
15060(c)(2) the proposed amendment is exempt from CEQA because the activity will
not result in a direct or reasonably foreseeable indirect adverse physical change in the
environment. Therefore Code Amendment 08-004 for Ordinance 1360 is exempt from
CEQA review.
Bra Ste n
Co a Enforcement Officer
~_.
Amy Thomas, AICP
Senior Planner
~~0..~ ~-7~s ~~
Elizabeth A. Binsack
Community Development Director
Attachments:
City Council Report
Shopping Cart Ordinance
Page 10
A. Minutes of the City Council for March 18, 2008
B. List of Tustin businesses that provide shopping carts
C. Business and Professions Code 22435 - 22435.8
D. Tustin City Code 5900
E. Draft Ordinance No. 1360
F. Chamber of Commerce letter dated December 21, 2008
ATTACHMENT A
Minutes of the City Council for March 18, 2008
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL
TUSTIN, CALIFORNIA
~.
MARCH 18, 2008
CALL TO ORDER MEETING #2184 AT 5:52 P.M.
ATTENDANCE
Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert; and
Councilmembers Lou Bone, Tony Kawashima, and Jim Palmer
Absent: None
City Clerk: Pamela Stoker
Others Present: William A. Huston, City Manager and Doug Holland, City Attorney
PUBLIC INPUT -None
CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL - EXPOSURE TO LITIGATION
pursuant to Government Code Section 54956.9(b)(E) - One(1) case
B. CONFERENCE WITH LEGAL COUNSEL - POSSIBLE INITIATION OF
LITIGATION pursuant to Government Code Section 54956.9 (c) -One (1) Case
RECESSED - At 5:52 p.m. City Council recessed to closed session to discuss matters
listed under Closed Session.
RECONVENED - At 6:59 p.m. City Council reconvened in public session with all
members present.
PUBLIC MEETING
_, _. CALL TO ORDER MEETING #2184 AT 7:01 P.M.
..,
City Council Meeting March 18, 2008
Minutes Page 1 of 9
INVOCATION - Councilmember Jim Palmer
PLEDGE OFALLEGIANCE -Catherine Wafters, 2008 Miss Tustin
NATIONAL ANTHEM -Devon Culnane, 2008 Miss Tustin 2nd Runner-up
ROLL CALL
Present: Mayor Jerry Amante; Mayor Pro Tem Doug Davert, Councilmembers
Lou Bone, Tony Kawashima, and Jim Palmer
Absent: None
City Clerk: Pamela Stoker
Others Present: William A. Huston, City Manager and Doug Holland, City Attorney
CLOSED SESSION REPORT - No reportable action
PRESENTATIONS
Certificates of Recognition presented by Mayor Amante to 2008 Miss Tustin and her
Court: Catherine Wafters, Miss Tustin 2008; Carolyn O'Hare, 1st Runner-up; Devon
Culnane, 2nd Runner-up; and Danielle Evans, 3rd Runner-up """
• Certificate of Recognition presented by Mayor Amante to Kathleen Holister for
Donate Life Run/Walk Event
• Presentation on Arbor Day by Pat Madsen, Maintenance Supervisor
PUBLIC HEARING ITEM
PUBLIC HEARING -APPEAL OF PLANNING COMMISSION DENIAL OF
CONDITIONAL USE PERMIT 07-020
This matter was continued from the March 4, 2008, City Council meeting. On
January 22, 2008, the Planning Commission adopted Resolution No. 4079
denying Conditional Use Permit 07-020 to establish a dental office at 740 EI
Camino Real. On January 29, 2008, the property owner appealed the
Planning Commission's action to the City Council.
Applicant: Property Owner:
Dr. Ashok Mehta Dr. Sayed Mirrafati -Mira Properties, LLC
13711 Newport Ave., Ste. 11 685 Nyes Place -
Tustin, CA 92780 Laguna Beach, CA 92651
City Counal Meehn9 March 18, 2008
Minutes Page 2 of 9
Presentation of staff report by Director of Community Development Elizabeth
Binsack
Conditional Use Permit 07-020 Appeal Continued from March 4, 2008
,, , ^ Dental Office at 740 EI Camino Real
Project Proposal
^ An application by Dr. Ashok Mehta, DDS, to establish a dental office at
an existing 1,757 square foot, single-story, stand alone building at 740
EI Camino Real
^ The dental practice would involve dental and orthodontic care, as well
as a small retail area to sell and market whitening products, videos for
dental hygiene, and dental operatory chairs.
^ As proposed, the project does not include any interior o_r exterior
improvements to the existing building
Project Location
^ 740 EI Camino Real
^ Y-intersection of EI Camino Real and EI Camino Way
^ Zoning: C-2 P (Central Commercial with Parking Overlay)
^ General Plan: Old Town Commercial
Conditional Use Permit
^ Section 9233(y) of the Tustin City Code lists, "Professional and general
offices fronting onto Main Street or EI Camino Real and located within
the Old Town Commercial General Plan land use designation" as a
conditionally permitted use in the C-2 zoning district, subject to specific
use criteria
Tustin City Code Section 9233(y)(1)
^ Section 9233(y)(1) states, "Professional offices proposed at the ground
floor level shall not be approved unless the approving authority finds,
based on supporting documentation and evidence, that an office use
would be more compatible than a retail commercial use on the subject
property, and that an office use would be more beneficial in
implementing applicable land use policies such as the General Plan
and City Code."
TCC Section 9233c(y)(2)
Approval of professional and general office uses shall meet one (1) or
more of the following criteria:
a) The proposed use is to be located in an existing building
originally designed, built, and occupied as offices or converted to
office use pursuant to an approved building permit.
b) The proposed use is to be located in an existing building that
because of its design and orientation is impractical to modify or
alter to accommodate retail establishments.
c) The proposed use is to be located in an existing building
City Council Meeting March 18, 2008
Minutes Page 3 of 9
requiring significant reconstruction that is not economically
feasible or practical to accommodate retail establishments.
d) The proposed use is to be located in amulti-tenant retail center
and is ancillary but complementary to the remaining mixed uses
with respect to type of use, hours of operation, convenience, and
parking demand.
e) The proposed use is determined to be beneficial,
complementary, and compatible with surrounding neighborhood
and nearby retail establishments.
Council Alternatives - 3 alternatives:
1) Adopt Resolution OS-022 (approval), reversing the Planning
Commission's (PC) decision and approving CUP 07-020, or
2) Adopt Resolution OS-022 (denial), denying the appeal, thus upholding
the PC's denial of CUP 07-020, or
3) Remand the project back to P.C. for further proceedings.
Staff Recommendation:
^ If the Council is inclined to reverse the PC's decision, staff would
recommend:
- Adopting Resolution OS-022 (approval), finding the request meets
TCC Sections 9233c(y)(1) and (y)(2)b
- Conditioning the applicant to enhance the property with elevation
and site improvements through the Design Review process, for
approval by the P.C.
The public hearing opened at 7:21 p.m. John Paul Glowoski, attorney for Dr. ~ "'
Mirrafati spoke in support of staff's recommendation. The public hearing
closed at 7:22 p.m. Mayor Pro Tem Davert supports approval
Motion: It was moved by Mayor Pro Tem Davert, seconded by
Councilmember Kawashima, to adopt Resolution No. 08-22 (approval),
reversing the decision of the Planning Commission and approving Conditional
Use Permit 07-020.
RESOLUTION NO. 08-22 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN REVERSING THE PLANNING
COMMISSION DECISION DENYING CONDITIONAL USE PERMIT 07-
020 AND APPROVING CONDITIONAL USE PERMIT 07-020
AUTHORIZING A DENTAL OFFICE LOCATED AT 740 EL CAMINO
REAL IN THE CENTRAL COMMERCIAL (C-2) ZONE AND FRONTING
ONTO EL CAMINO REAL
Motion carried 4-1 (Bone opposed).
..,»
ORAL COMMUNICATION !PUBLIC INPUT -None
City Council Meeting March 18, 2008
Minutes Page 4 of 9
~. , AGENDA ITEM TAKEN OUT OF ORDER -REGULAR BUSINESS ITEM
11. GRAD NIGHT FUNDING
The Grad Night Committees from Beckman, Foothill, and Tustin High Schools
have submitted requests for funding assistance from the City.
Windy Lozano parent of Beckman High School student, Trisha Andrews of
Tustin High School Grad Night Committee, and Rita Guarriello of Foothill High
School, spoke in support of Grad Night program.
Mayor Amante proposed that the City donate 75% of request which totals
$2,250.00 per high school.
Motion: It was moved by Mayor Amante, seconded by Mayor Pro Tem Davert,
to donate 75% of request, for a total of $2,250.00, per high school. Motion
carried 5-0.
CONSENT CALENDAR ITEMS - It was moved by Councilmember Palmer, seconded
by Mayor Pro Tem Davert, to approve Consent Calendar Items as recommended by
staff. Motion carried 5-0.
2. APPROVAL OF MINUTES -REGULAR MEETING OF MARCH 4, 2008
Motion: Approve the Regular City Council Meeting Minutes of March 4, 2008.
3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Motion: Approve demands in the amounts of $96,930.17; $974,362.97;
$320,805.77; Reversals in the amount of $4,784.78; and Payroll in the amount
of $688,100.90.
4. PLANNING ACTION AGENDA -MARCH 11, 2008
All actions of the Planning Commission become final unless appealed by the
City Council or members of the public.
Mofion: Receive and file.
.. 5. MCAS TUSTIN MITIGATION MONITORING AND REPORTING PROGRAM
.. On January 16, 2001, and April 3, 2006, the City of Tustin certified the
Cily Council Meeting March 18, 2008
Minutes Page 5 of 9
Program Final Environmental Impact Statement/Environmental Impact Report
(FEIS/EIR) and its addendum, respectively, for the disposal and reuse of
MCAS Tustin. The FEIS/EIR evaluated the environmental impacts of the
disposal and reuse of MCAS-Tustin and required implementation of the
Mitigation Monitoring and Reporting Program (MMRP).
The purpose of MMRP is to provide for accomplishment of mitigation and
implementation measures required by the Final EIR/EIS. Since the disposal
and reuse of MCAS Tustin is a long-term program where mitigation measures
may be applicable at the individual development project level, overall program
level, construction level, or operational level; to coordinate implementation of
the MMRP, a regular review of the progress of the program through an annual
report is required.
Motion: Receive and file report.
6. AMENDMENT TO AGREEMENT FOR RIDES AND CONCESSIONS AT
TUSTIN TILLER DAYS
Amendment No. 5 would extend the term of the Agreement Regarding Rides
and Concessions at Tustin Tiller Days and the Tustin Street Fair and Chili
Cook-Off with "O" Entertainment for three years. The Amendment provides for
an increase in the compensation the City realizes from ticket sales and rental
vendor booth spaces -
Motion: Approve Amendment No. 5 to the Agreement between the City of
Tustin and "O" Entertainment for aone-year period with two (2) one-year
extensions unless terminated by either party.
2007 GENERAL PLAN ANNUAL REPORT
The California Government Code requires that the Planning Commission
provide a progress report to the City Council on the status of the City's
General Plan and the progress in its implementation, including the progress in
meeting our share of regional housing needs and efforts to remove
governmental constraints to housing development, maintenance, and
improvement. On March 11, 2008, the Planning Commission reviewed the
annual report and authorized staff to forward the report to the City Council.
With Council authorization, staff will forward the report to the State Office of
Planning and Research and the State Department of Housing and Community
Development in fulfillment of the State's requirement.
Motion: Review and authorize staff to forward this annual report to the State
Office of Planning and Research and the State Department of Housing and -~
Community Development.
City Council Meeting March 18, 2008
Minutes Page 6 of 9
AUTHORIZATION TO SOLICIT BIDS FOR TWO MOBILE AIR
COMPRESSORS FOR WATER SERVICES DIVISION
CONSTRUCTION/MAINTENANCE ACTIVITIES
..:,,
Authorize City staff to solicit bids for the scheduled replacement of two (2)
mobile air compressors for construction activities required to maintain the City
of Tustin's water distribution system by the Water Services Division.
Motion: Authorize the City Clerk to advertise and solicit bids from qualified
vendors for the acquisition of two (2) mobile air compressors.
9. FIRE STATION CONSTRUCTION IMPLEMENTATION AGREEMENT FOR
NEW FIRE STATION AT TUSTIN LEGACY
Motion:
9.a. Authorize the City Manager, or his designee to execute the attached
Tustin Legacy Fire Station Construction Implementation Agreement,
subject to any minor, non-substantive changes as may be necessary as
determined by City staff and the City Attorney based on proposed
action by the OCFA Board.
9.b. Authorize Tustin Legacy staff to proceed with design of the Fire Station
Facility in coordination with the Orange County Fire Authority (OCFA).
REGULAR BUSINESS ITEMS
10. ADOPT ORDINANCE 1351 -ZONE. CHANGE 08-001: AMENDMENTS TO
THE PROSPECT VILLAGE PLANNED COMMUNITY DISTRICT
REGULATIONS
Zone Change 08-001 consists of minor amendments to the Prospect Village
Planned Community District Regulations to allow commercial service and
professional office uses in a maximum of three (3) of the six (ti) live/work units
facing Prospect Avenue and to clarify the process by which owners of
restricted units may be permitted to lease the ground floor portion of the
restricted units. Other minor amendments are also proposed.
Motion: It was moved by Mayor Pro Tem Davert, seconded by
Councilmember Palmer, to have second reading by title only and adoption of
Ordinance No. 1351 (roll call vote). Motion carried 5-0.
ORDINANCE NO. 1351 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, ADOPTING AN AMENDMENT TO THE
City Council Meeting March 18, 2008
Minutes Page 7 of 9
PROSPECT VILLAGE PLANNED COMMUNITY DISTRICT
REGULATIONS (ZONE CHANGE 08-001) TO AMEND VARIOUS
SECTIONS OF THE REGULATIONS RELATED TO COMMERCIAL
SERVICE AND OFFICE USES AND OWNER/PROPRIETOR
OCCUPANCIES AND TO MAKE OTHER MINOR AMENDMENTS
12. LEGISLATIVE REPORTS
Staff prepared two (2) agenda reports that discussed the following issues:
1. City of Westminster's policy on shopping carts; and
Councilmember Bone proposed implementation of program similar to
Westminster's policy. Agreed to meet with Business Economic
Development Committee of the Chamber and hold Workshop to receive
input and develop policy.
2. Opposition to S6375, requires regional transportation planning
agencies to include sustainable communities strategy in their regional
transportation plans and offer incentives to implement strategy.
Motion: It was moved by Mayor Pro Tem Davert, seconded by
Councilmember Bone, to remit letter of opposition on behalf of the City
of Tustin. Motion carried 5-0.
OTHER BUSINESS /COMMITTEE REPORTS
Councilmember Kawashima:
• Egg Hunt to be held on Saturday, March 22nd at 8:30 a.m.
Councilmember Palmer:
• In support of monetizing donations.
Councilmember Bone:
• Water Advisory Council of Orange County report - MWD looking at $25/acre foot
surcharge to protect trash fish, looking at decreasing imported water by 15% to all
agencies total water demand in OC lowest in 15 years. Congratulated residents who
are conserving water; and
• Southern California Association of Governments adopted Draft Baseline Growth
Forecast for 2008 RTP with 2% policy removed.
Mayor Pro Tem Davert:
• Tustin Community Foundation having pancake breakfast at Easter Egg Hunt on ""'"
Saturday, invited everyone to attend;
• Orange County Sanitation District traveled to Washington last week to meet with
City Council Meeting March 18, 2008
Minutes Page 8 of 9
congressional reps with upcoming budget; and
• Council held productive workshop earlier on parking issues.
Mayor Amante:
• Thanked staff for workshop held earlier today;
• Commented on active development and redevelopment throughout the City, open Ciry
Hall every day of the week, challenging times ahead with budget in Sacramento;
• Thanked George Jeffries, City Treasurer, appointed by Orange County Board of
Supervisors to Treasurers Oversight Committee;
• Jeff Thompson, Planning Commissioner, appointed to Go Local Evaluation Committee
of Orange County Transportation Authority;
• Swore-in the newly re-appointed Planning Commissioners at their March 11s' meeting,
will swear-in two other members at the Community Services Commission tomorrow,
congratulated and thanked all applicants and commission members; and
• Elizabeth Hill, Legislative Analyst for the State will be retiring soon, her skills and talent
will be missed.
ADJOURNMENT
- 7:55 p.m. -The next regular meeting of the City Council is scheduled
for Tuesday, April 1, 2008 at 5:30 for Closed Session and 7:00 p.m.
for the Regular Business Meeting in the Council Chamber, 300
n, California.
AMELA STOP ,
City Clerk
City Council Meeting March 18, 2008
Minutes Page 9 of 9
ATTACHMENT B
List of Tustin Businesses that Provide Shopping Carts
Store Manager Business Licenses Store Manager
Tuesday Morning Inc. #489 Tuesday Morning Inc. #489 Voris #2324
17291 East 17th Street 6250 LBJ Freeway 17662 17th Street
Tustin, CA 92780 Dallas, TX 75240 Tustin, CA 92780
Barry Dean Steve Park, President Store Manager
Voris #2324 Star Food International, Inc.-Freshia Market CVS Pharmacy #8890
M/S 6516 PO Box 29096 29 Early Light 17642 East 17th Street
Phoenix, AZ 85038-9096 Irvine, CA 92620 Tustin, CA 92780
Zenon Lankowsky Store Manager Richard Winters
CVS Pharmacy #8890 Voris Companies Inc. #2146 Voris Companies Inc. #2146
4 Francis Farm Road 5520 East 1st Street M/S 6516 PO Box 29096
Harrisville, RI 02830 Tustin, CA 92780 Phoenix, AZ 85038-9096
Richard E. Goodspeed Store Manager John Young
Voris Companies, Inc. #2146 Rite Aid #5755 Rite Aid #5755
M/S 6516 PO Box 29096 630 East 1st Street 30 Hunter Lane
Phoenix, AZ 85038-9096 Tustin, CA 92780-3418 Camp Hill, PA 17011
Charles Kibler Store Manager Zenon Lankowsky
Rite Aid #5755 CVS Pharmacy #8877 CVS Pharmacy #8877
30 Hunter Lane 671 East 1st Street 4 Francis Farm Road
Camp Hill, PA 17011 Tustin, CA 92780 Harrisville, RI 02830
Micro Center Richard M. Mershad John Baker
Micro Electronics Micro Electronics Micro Electronics
1100 Edinger Avenue 4019 Leap Road 4019 Leap Road
Tustin, CA 92780 Hillard, OH 43026 Hillard, OH 43026
Store Manager Michael D. Kunce, President Store Manager
Armstrong Garden Center Armstrong Garden Center Sears Essentials
505 EI Camino Real 776 Valpazalso Drive 2505 EI Camino Real
Tustin, CA 92780 Claremont, CA 91711 Tustin, CA 92782
Aylwin 8. Lewis Store Manager Teresa Bell
Sears Essentials Costco Wholesale T.1. Maxx Pacific Regional Office
3333 Beverly Road 2655 EI Camino Real 2201 Dupont Drive, Suite 750
Hoffman Estates, IL 60179 Tustin, CA 92782 Irvine, CA 92612
Ruth Hunter Smith Store Manager Philip L. Francis
PNS Stores, Inc. dba Big Lots Petsmart #1708 Petsmart #1708
300 Phillipi Road 2741 EI Camino Real 4469 East Moonlight Way
Columbus, OH 42338 Tustin, CA 92782 Paradise Valley, AZ 85253
Store Manager James M. Chick, President Store Manager
Chick's Sporting Goods, Inc. Chick's Sporting Goods, Inc. Home Depot #603
2771 EI Camino Real 1002 Idaho Court 2782 EI Camino Real
Tustin, CA 92782 Claremont, CA 91711 Tustin, CA 92782
Ron Brill Jeff Nichols, Manager Store Manager
Home Depot #603 Home Depot #603 Pier 1 Imports
2455 Paces Ferry Road 3800 West Chapman Avenue 2822 EI Camino Real
Atlanta, GA 30339-4024 Orange, CA 92868 Tustin, CA 92780
Corporate Office Store Manager David Goldman
Pier 1 Imports Ross Dress For Less #179 Ross Dress For Less
100 Pier 1 Place 2851 EI Camino Real 4440 Rosewood Drive
Fort Worth, TX 76102 Tustin, CA 92782 Pleasanton, CA 94588-3050
Jim Peters Store Manager Cindy Purtill, President, Tax Dept.
Ross Dress For Less Toys R Us Toys R Us
4440 Rosewood Drive 2882 EI Camino Real 1 Geoffrey Way
Pleasanton, CA 94588-3050 Tustin, CA 92782 Wayne, N1 07470
Store Manager Paul Pressler, President Mike Shalabi
OId Navy, LLC. #5524 Old Navy, LLC. #5524 R-Ranch Market #12
2899 EI Camino Real 2 Folsom Street 1410 South 10th Avenue
Tustin, CA 92782 San Francisco, CA 94105 Arcadia, CA 91006
Store Manager Bradbury H. Anderson Store Manager
Best Buy Stores, LP #774 Best Buy Stores, LP Sprouts Farmers Market
2982 EI Camino Ral PO Box 9312 (Attn: Tax Dept.) 14945 Holt Avenue
Tustin, CA 92782 Minneapolis, MN 55440 Tustin, CA 92780
Shon Boney Store Manager S.D. Roath
Sprouts Farmers Market Longs Drug Stores #336 Longs Drug Stores #336
11811 North Tatum Blvd., Suite 2400 1202 Irvine Boulevard 141 North Civic Drive
Phoenix, AZ 85028 Tustin, CA 92780 Walnut Creek, CA 94596
Store Manager Ralphs Grocery Corporate Office Store Manager
Ralphs Grocery Company #187 Ralphs GroceryCompany #187 Michael's Stores, Inc. #3046
1114 Irvine Boulevard 1100 West Artesia Boulevard 1212 Irvine Boulevard
Tustin, CA 92780 Compton, CA 90220 Tustin, CA 92780
Rick Sturdivant, Owner Jack Brown Store Manager
Michael's Stores, Inc. #3046 Stater Bros Markets #37 R-Ranch Market #12
8000 Bent Branch Drive 21700 Barton Road 1112 Walnut Avenue
Irving, TX 75063 Colton, CA 92324 Tustin, CA 92780
Store Manager Gordon Baker Store Manager
Rite Aid #5754 Rite Aid #5754 Ralphs Grocery Co. #139
13151 Jamboree Road 30 Hunter Lane 13321 Jamboree Road
Tustin, CA 92782-9150 Camp Hill, PA 17011 Tustin, CA 92782
John Burgon, President Store Manager Brian K. Devine, President
Ralphs Grocery Co. #139 Petco #557 Petco #557
1100 West Artesia Boulevard 13942 Newport Avenue 9125 Rehco Road
Compton, CA 90220 Tustin, CA 92780 San Diego, CA 92121
Store Manager Tax Department Store Manager
Trader Joe's #197 Trader Joe's #197 Albertson's #6574
12932 Newport Avenue #20 800 South Shamrock Avenue 13270 Newport Avenue
Tustin, CA 92780 Monrovia, CA 91016 Tustin, CA 92780
Sherry M. Smith, President Store Manager David R. Green
Albertson's #6574 Lowe's HIW, Inc. #2605 Lowe's HIW, Inc. #2605
11840 Valley View Road 2500 Park Avenue 118 Red Brooke Lane
Eden Prairie, MN 55344 Tustin, CA 92782 Mooresville, NC 28117
Store Manager Carol Meyrowitz Store Manager
TJ Maxx Homegoods #1077 TJ Maxx Homegoods #1077 Mrs. Gooch's Natural Food Markets
2817 Park Avenue 500 Old Connecticut Path A-2 2847 Park Avenue
Tustin, CA 92782 Framingham, MA 01701 Tustin, CA 92782
William E. Jordan, President Store Manager Philip L. Francis
Whole Foods Market Petsmart #1314 Petsmart #1314
490 Peter Place 2237 Park Avenue 4469 East Moonlight Way
Simi Valley, CA 93063 Tustin, CA 92782 Paradise Valley, AZ 85253
Store Manager Timothy R. Baer, President Store Manager
Target Store T-2151 Target Store T-2151 Costco Wholesale #1001
2300 Park Avenue 1000 Nicollet Mall TPN 0910 2700 Park Avenue
Tustin, CA 92782-2702 Minneapolis, MN 55403 Tustin, CA 92782
Costco Wholesale Corporate Office Store Manager Michael's Stores, Inc. #7727
Costco Wholesale #1001 Michael's Stores, Inc. #7727 Attn: Barbara Salter
999 Lake Drive 2807 Park Avenue PO Box 619566
Issaquah, WA 98027 Tustin, CA 92782 Dallas, TX 75261-9566
Store Manager Richard M. Schulze Bradbury H. Anderson
Best Buy Stores #1472' Best Buy Stores #1472 Best Buy Stores #1472
2857 Park Avenue 7601 Penn Avenue Sourth 7601 Penn Avenue South
Tustin, CA 92782 Richfield, MN 55423 Richfield, MN 55423
Store Manager
Stater Bros Markets #37
14172 Red Hill Avenue
Tustin, CA 92780
ATTACHMENT C
Business and Professions Code 22435- 22435.8
WA[S Document Retrieval
CALIFORNIA CODES
BUSINESS AND PRO&ESSION3 CODS
SECTION 22435-22435.8
22435. As used in this article:
(a) "Shopping cart" means a basket which is mounted on wheels or a
similar device generally used in a retail establishment by a
customer for the purpose of transporting goods of any kind.
(b) "Laundry cart" means a basket which is mounted on wheels and
used in a coin-operated laundry or drycleaning retail establishment
by a customer or an attendant for the purpose of transporting fabrics
and the supplies necessary to process them.
(c) "Parking area" means a parking lot or other property provided
by a retailer for use by a customer for parking an automobile or
other vehicle.
22435.1. The provisions of Section 22435.2 shall apply when a
shopping cart or a laundry cart has a sign permanently affixed to it
that identifies the owner of the cart or the retailer, or both;
notifies the public of the procedure to be utilized for authorized
removal of the cart from the premises; notifies the public that the
unauthorized removal of the cart from the premises or parking area of
the retail establishment, or the unauthorized possession of the
cart, is a violation of state law; and lists a valid telephone number
or address for returning the cart removed from the premises or
parking area to the owner or retailer.
22435.2. Lt is unlawful to do any of the following acts, if a
shopping cart or laundry cart has a permanently affixed sign as
provided in section 22435.1:
(a) To remove a shopping cart or laundry cart from the premises or
parking area of a retail establishment with the intent to
temporarily or permanently deprive the owner or retailer of
possession of the cart.
(b) To be in possession of any shopping cart or laundry cart that
has been removed from the premises or the parking area of a retail
establishment, with the intent to temporarily or permanently deprive
the owner or retailer of possession of the cart.
(c) To be in possession of any shopping cart or laundry cart with
serial numbers removed, obliterated, or altered, with the intent to
temporarily or permanently deprive the owner or retailer of
possession of the cart.
(d) To leave or abandon a shopping cart or laundry cart at a
location other than the premises or parking area of the retail
establishment with the intent to temporarily or permanently deprive
tha owner or retailer of possession of the cart.
(el To alter, convert, or tamper with a shopping cart or Laundry
cart, or to remove any part or portion thereof or to remove,
obliterate or alter serial numbers on a cart, with the intent to
temporarily or permanently deprive the owner or retailer of
possession of the cart.
(f) To be in possession of any shopping cart or laundry cart while
that cart is not located on the premises or parking lot of a retail
establishment, with the intent to temporarily or permanently deprive
the owner or retailer of possession of the cart.
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22435.3. Any person who violates any of the provisions of this
article is guilty of a misdemeanor.
The provisions of this section are not intended to preclude the
application of any other laws relating to prosecution for theft.
22435.4. This article shall not apply to the owner of a shopping
cart or laundry cart or to a retailer, or to their agents or
employees, or to a customer of a retail establishment who has written
consent from the owner of a shopping cart or laundry cart or a
retailer to be in possession of the shopping cart or laundry cart or
to remove the shopping cart or laundry cart from the premises or the
parking area of the retail establishment, or to do any of the acts
specified in Section 22435.2.
22435.5. (a) In any civil proceeding, any shopping cart or laundry
cart which has a sign affixed to it pursuant to Section 22435.1 shall
establish a rebuttable presumption affecting the burden of producing
evidence that the property is that of the person or business named
in the sign and not abandoned by the person or business named in the
sign.
(b) In any criminal proceeding, it may be inferred that any
shopping cart or laundry cart which has a sign affixed to it pursuant
to Section 22435.1 is the property of the person or business named
in the sign and has not been abandoned by the person or business
named in the sign.
22435.7. (a) The Legislature hereby finds that the retrieval by
local government agencies of shopping carts specifiedin this section
is in need of uniform statewide regulation and constitutes a matter
of statewide concern that shall be governed solely by this section.
(b) A shopping cart that has a sign affixed to it in accordance
with Section 22435.1 may be impounded by a city, county, or city and
county, provided both of the following conditions have been
satisfied:
(1) The shopping cart is located outside the premises or parking
area of a retail establishment. The parking area of a retail
establishment located in a multistore complex or shopping center
shall include the entire parking area used by the complex or center.
(2) Except as provided in subdivision (L), the shopping cart is
not retrieved within three business days from the date the owner of
the shopping cart, or his or her agent, receives actual notice from
the city, county, or city and county of the shopping cart's discovery
and location.
(c) In instances where the location of a shopping cart will impede
emergency services, a city, county, or city and county is authorized
to immediately retrieve the shopping cart from public or private
property.
(d) Any city, county, or city and county that impounds a shopping
cart under the authority provided in subdivisions (b) and (c) is
authorized to recover its actual costs for providing this service.
(e) Any shopping cart that is impounded by a city, county, or city
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and county pursuant to subdivisions (b) and (cl shall be held at a
location that is both:
(1) Reasonably convenient to the owner of the shopping cart.
(2) Open for business at least six hours of each business day.
(f) A city, county, or city and county may fine the owner of a
shopping cart in an amount not to exceed fifty dollars ($50) for each
occurrence in excess of three during a specified six-month period
for failure to retrieve shopping carts in accordance with this
section. An occurrence includes all shopping carts impounded in
accordance with this section in a one-day period.
(g) Any shopping cart not reclaimed from the city, county, or city
and county within 30 days of receipt of a notice of violation by the
owner of the shoppingcart may be sold or otherwise disposed of by
the entity in possession of the shopping cart.
(h) This section shall not invalidate any contract entered into
prior to June 30, 1996, between a city, county, or city and county
and a person or business entity for the purpose of retrieving or
impounding shopping carts.
(i) Notwithstanding paragraph (2) of subdivision (b), a city,
county, or city and county may impound a shopping cart that otherwise
meets the criteria set forth in paragraph (1) of subdivision (b)
without complying with the three-day advance notice requirement
provided that:
(1) The owner of the shopping cart, or his or her agent, is
provided actual notice within 24 hours following the impound and that
notice informs the owner, or his or her agent, as to the location
where the shopping cart may be claimed.
(2) Any shopping cart so impounded shall be held at a location in
compliance with subdivision (e).
(3) Any shopping cart reclaimed by the owner or his or her agent,
within three business days following the date of actual notice as
provided pursuant to paragraph I1), shall be released and surrendered
to the owner or agent at no charge whatsoever, including the waiver
of any impound and storage fees or fines that would otherwise be
applicable pursuant to subdivision Id) or If). Any cart reclaimed
within the three-business-day period shall not be deemed an
occurrence for purposes of subdivision (f).
(41 Any shopping cart not reclaimed by the owner or his or her
agent, within threebusiness days following the date of actual notice
as provided pursuant to paragraph (1), shall be subject to any
applicable fee or fine imposed pursuant to subdivision (d) or (f)
commencing on the fourth business day following the date of the
notice.
(5) Any shopping cart not reclaimed by the owner or his or her
agent, within 30 days of receipt following the date of actual notice
as provided pursuant to paragraph (1), may be sold or disposed of in
accordance with subdivision (g).
22435.8. This article shall not invalidate an ordinance of, or be
construed to prohibit the adoption of an ordinance by, a city,
county,'or city and county, which ordinance regulates or prohibits
the removal ofshopping carts or laundry carts from the premises or
parking area of a retail establishment except to the extent any
provision of such an ordinance expressly conflicts with any provision
of this article.
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ATTACHMENT D
Tustin City Code 5900
CHAPTER 9 ABATEMENT OF SHOPPING CART NUISANCE Page 1 of 3
CHAPTER 9 ABATEMENT OF SHOPPING CART NUISANCE
5900 DECLARATION OF PUBLIC NUISANCE AND PURPOSE
Abandoned shopping carts located outside the premises or parking areas of retail
establishments and on public or private properties and viewable from the public right-of-way are
injurious to the public health, safety, and welfare and constitute a public nuisance (hereinafter
"shopping cart nuisance"). The nuisance is caused by persons unlawfully removing shopping carts from
the premises or parking areas of retail establishments and by certain retail establishments failing to
maintain adequate supervision of their premises and parking areas, failing to educate their customers,
and failing to implement effective cart removal prevention programs or cart retrieval programs. The
purpose of this chapter is:
(a) To establish reasonable regulations for the collection and impound of unident~ed
shopping carts located on public property; and
(b) To supplement provisions of state law regarding the unauthorized removal of
shopping carts from the premises and parking areas of retail establishments. (Ord. No.
1184, Sec. 2, 7-21-97)
5901 DEFINITIONS
[As used in this chapter, the following words and terms shall have the meaning ascribed
thereto:]
"Authorized contractor" means a private service provider selected by the City Council, as
described in Section 5902. '
"City" means the City of Tustin or its designated representatives, as described In Section 5902.
"Person" means an individual or entity as defined in Tustin City Code Section 1112.
"Public property" means ail real property in the City in which a public agency has a fee simple,
easement, or leasehold interest. This indudes but is not limfted to, sfreets, sidewalks, the civic center,
parks and flood control facilities.
"Owner identified shopping cart" means a shopping cart that hae a permanently affixed sign that
identifies, in accordance with Business and Professions Code 22435.1, Use owner of the cart or the
retailer, or both; notifies the public of the procedtue to be utilized for authorized removal of the cart from
the owner's premises; notifies the public that the unauthorized removal of the cart from the cart owner's
premises or cart owner's parking area or the unauthorized possession of the cart, is a violation of state
law; and lists a valid telephone rwmber or address for returning the cart to the owner or retailer.
"Retail establishment" means any trade establishment selling articles, commodity or any line of
merchandise.
"Shopping cart" means a basket that is mounted on wheels or a similar device generally used in
retail establishment by a customer for the purpose of transporting goods of any kind.
"Unidentified shopping cart" means a shopping cart that is not an owner identified cart, or an
owner identfied shopping cart of a retail establishment located outside the City. (Ord. No. 1184, Sec. 2,
7-21-97)
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CHAPTER 9 ABATEMENT OF SHOPPING CART NUISANCE Page 2 oC 3
5902 SHOPPING CART NUISANCE ABATEMENT AUTHORITY
Sections 5903 through 5908 of this chapter may be implemented and enforced by designated
representatives of the Community Development Department, Public Works Department, or Police
Department as designated by their respective department heads in writing, or by private service
providers authorized by the City Council. Such designated representatives or authorized private service
provider may enter onto any public property to tag, remove, and store any unidentified shopping cart or
part thereof. (Ord. No. 1184, Sec. 2, 7-21-97)
5903 REMOVAL OF UNIDENTIFIED CARTS FROM PUBLIC PROPERTY
(a) Upon the discovery of an unidentified shopping cart on public property, the City or its
authorized contractor may remove the cart. Such carts shall be tagged with date and location
and shall be stored for thirty (30) calendar days at a location selected by City. A claim for a cart
shall be presented to the Director of Community Development or designee, and shall be
accompanied by proof of ownership of the cart. A person demonstrating proof of ownership of a
cart stored by City shall pay City's nuisance abatement fee prior to the cart being released by
City.
(b) This section shall not apply to a cart attended by a person who can demonstrate proof,
satisfactory, to the City or its authorized contractor of ownership of the shopping cart or written
permission of the owner to have the cart in their possession. (Ord. No. 1184, Sec. 2, 7-21-97)
5904 DISPOSAL
After the period specified in Section 5903, the City, or its authorized contractor, may sell an
unclaimed unidentified shopping cart at public auction or otherwise dispose of the cart. (Ord. No. 1184,
Sec. 2, 7-21-97)
5905 NUISANCE ABATEMENT FEE
An administrative fee to cover the City's costs for the tagging, removal, and storage of
unidentified shopping carts and associated admirtistraHve activities performed by the City shall be
established by resolution of the City Coundl. Such fee shall not exceed the City's reasonable estimate
of actual costs for such services. From time to time, the Director of Community Development or
designee shall review the fee as appropriate and recommend any necessary adJustments to the City
Coundl. (C+rd. No. 1184, Sec. 2, 7-21-97)
5906 PROHIBITED ACTIVITIES
(a) No person shall remove any tag affixed by the CIty or its authorized contractor to an
unidentified shopping cart with the intent of interfering with the enforcement of the provisions of
Secfton 5903.
(b) No person shall obstruct, impede or interfere with any representative of the City or its
authorized contractor who is engaged in tagging, removing, or transporting an unidentified
shopping cart in accordance with Section 5903. (Ord. No. 1184, Sec. 2, 7-21-97)
5907 APPEALS OF CART IMPOUND
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CHAPTER 9 ABATEMENT OF SHOPPING CART NUISANCE Page 3 of 3
A person who can demonstrate that he or she is a cart owner may appeal the imposition of the
nuisance abatement fee by presenting evidence that the cart removal and storage was not performed
substantially in accordance With the provisions of Section 5903. Appeals shall be made in writing to the
Director of Community Development or designee within ten (10) calendar days of paying the fee. An
office hearing will be held within thirty (30) calendar days of the receipt of such appeal request. The cart
owner or authorized representative may appear and be heard on the matter. If the Director of
Community Development or designee determines that the shopping cart was not removed and stored in
substantial accordance with the provisions of Section 5903, the nuisance abatement fee shall be
refunded. The decision of the Community Development Director or designee shall be final. (Ord. No.
1184, Sec. 2, 7-21-97)
5908 UNAUTHORIZED REMOVAL OR POSSESSION OF SHOPPING CARTS
It is unlawful to do any of the following acts:
(a) Remove a shopping cart from the premises or parking area of a retail
establishment.
(b) Be in possession of a shopping cart that has been removed from the premises or
the parking area of a retell establishment.
(c) Leave or abandon a shopping cart on public or private property and at a location
other thari the premises or parking area of the retail establishment.
This section shall not apply to a person who can demonstrate proof, satisfactory, to the arresting officer,
of ownership of the shopping cart or written permission of the owner to have the cart in their
possession. (Ord. No. 1184, Sec. 2, 7-21-97)
5909 PENALTIES/REMEDIES NOT EXCLUSIVE
Any person who violates Section 5900 or 5908 may be charged with an infraction or
misdemeanor, as provided (n Section 1121. Such a remedy is not exclusive, and the City may pursue
other remedies available to it under State law or local ordinance. (Ord. No. 11134, Sec. 2, 7-21-97)
CHAPTER 10 CHARITABLE AND COMMERCUIL SOLICITATIONS
CHAPTER INDEX
5910 PURPOSE
5911 DEFINITIONS
5912 COMPLIANCE WITH STATE LAW
5913 MANNER OF SOLICITATION--PROHIBITIONS
5914 RECEIPTS
5915 VIOLATION--PENALTY
http://library2.municode.comlminutes/DocView/1 1 307/1/4 1?hilite=shopping;carts;cart; 10/30/2008
ATTACHMENT E
Draft Ordinance No. 1360
ORDINANCE NO. 1360
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
AMENDING ARTICLE 5 CHAPTER 9 OF THE TUSTIN CITY CODE
ESTABLISHING UPDATED REGULATIONS FOR THE ABATEMENT
OF SHOPPING CART NUISANCE
The City Council of the City of Tustin does hereby ordain as follows:
The City Council finds and determines as follows:
A. That abandoned shopping carts cause blight and may be injurious to the public
health, safety, and welfare and constitute a public nuisance.
B. That past efforts by the City and retailers have not been successful and significant
costs to the City and taxpayers have been incurred to abate the abandoned
shopping cart nuisance.
C. That the City of Tustin has a substantial interest in protecting the aesthetic
appearance, public health and safety, and harmony of the community by providing
strengthened, and clarified abatement of shopping cart requirements and standards
that address abandoned shopping carts located outside the premises or parking
areas of retail establishments and on public or private properties and viewable from
the public right-of-way.
D. That Code Amendment 08-004 to amend Article 5 Chapter 9 of the Tustin City Code
is necessary to strengthen and clarify the abatement of shopping cart nuisance
regulations for the City of Tustin.
E. That Code Amendment 08-004 is regulatory in nature and would provide standards
to establish reasonable regulations to supplement provisions of state law regarding
the unauthorized removal of shopping carts from the premises and parking areas of
retail establishments.
F. That on March 18, 2008, the Tustin City Council held a public meeting at which they
considered the matters of abandoned shopping carts and measures other cities were
taking to eliminate abandoned shopping carts in their communities. At such time, the
City Council directed staff to implement a program similar to the City of
Westminster's policy and hold a workshop with the affected retailers to receive input
and develop an ordinance.
G. That on October 8, 2008, staff held a public workshop for retailers in the City of
Tustin to discuss the proposed ordinance for abatement of shopping cart nuisance.
H. That on January 13, 2009, the Tustin Planning Commission held a public hearing
and adopted Resolution 4106 recommending that the City Council approve Code
Amendment 08-004.
Draft Ordinance 1360
CA 08-004
Page 2
That on ,the Tustin City Council held a public hearing and adopted Code
Amendment 08-004 for Ordinance 1360.
J. That this Code Amendment is exempt from further environmental review pursuant to
California Environmental Quality Act ("CEQA") Guidelines Section 15060(c)(2)
because the activity will not result in a direct or reasonably foreseeable indirect
adverse physical change in the environment.
Article 5 Chapter 9 of the Tustin City Code is hereby repealed in its entirety and replaced
as follows:
CHAPTER 9 ABATEMENT OF SHOPPING CART NUISANCE
5900 DECLARATION OF PUBLIC NUISANCE AND PURPOSE
Abandoned shopping carts located outside the premises or parking areas of retail
establishments and on public or private properties and viewable from the public right-of-way are
injurious to the public health, safety, and welfare and constitute a public nuisance (hereinafter
"shopping cart nuisance"). The nuisance is caused by persons unlawfully removing shopping
carts from the premises or parking areas of retail establishments and by certain retail
establishments failing to maintain adequate supervision of their premises and parking areas,
failing to educate their customers, and failing to implement effective cart removal prevention
programs or cart retrieval programs.
The purpose of this chapter is to:
Set forth regulations to ensure that reasonable measures are taken by owners and
operators of businesses which provide shopping carts for the convenience of
customers to (a) prevent the removal of shopping carts from business premises and
parking lots, and (b) provide for the prompt retrieval of lost, stolen or abandoned
shopping carts; and
2. Complement and supplement provisions
the extent not otherwise preempted by
removal of shopping carts from the
of state law and adopt local regulations to
state statute regarding the unauthorized
establishments.
5901 DEFINITIONS
premises and parking areas of retail
As used in this chapter, the following words and terms shall have the meaning ascribed
thereto:
"Abandoned shopping cart," or "Lost, stolen or abandoned shopping cart." means a
shopping cart which is either (1) removed from the premises of a retail establishment by any
person without the prior written consent of the owner of the shopping cart or the retailer
otherwise entitled to possession of such cart, or (2) left unattended, discarded, or abandoned
upon any public or private property other than the premises of the retail establishment from
which the shopping cart was removed, regardless of whether such shopping cart was removed
from the premises with the permission of the owner. For purposes of this chapter, any shopping
cart located on any public or private property other than the premises of the retail establishment
Draft Ordinance 1360
CA 08-004
Page 3
from which such shopping cart was removed shall be presumed lost, stolen, or abandoned,
even if in the possession of any person, unless such person in possession thereof is either (a)
the owner, or an employee or authorized agent of the owner, entitled to possession of the
shopping cart, (b) an officer, employee, or agent of a cart retrieval service hired by the owner to
retrieve such carts, (c) enforcement personnel retrieving, storing, or disposing of said cart
pursuant to the provisions of the applicable provisions of the California Business and
Professions Code, or (d) has consent to be in possession of the shopping cart from the owner
entitled to possession of the shopping cart.
"City" means the City of Tustin.
"Enforcement personnel" means any police officer, code enforcement officer, or other
person employed or contracted by the City of Tustin.
"Laundry cart" means a basket which is mounted on wheels and used in acoin-operated
laundry or dry-cleaning retail establishment by a customer or an attendant for the purpose of
transporting fabrics and the supplies necessary to process them.
"Owner" means any owner, manager, agent, or operator of any retail establishment.
"Parking area" means a parking lot or other property provided by a retail establishment
for the use of customers for parking of customer vehicles. The parking area of a retail
establishment located in a multi-store complex or shopping center shall include the entire
parking area used by the multi-store complex or shopping center.
"Person" means an individual or entity as defined in Tustin City Code Section 1112.
"Premises" means any building, property, or other area upon which any retail
establishment business is conducted or operated in the City, including the parking area provided
for customers.
"Public property" means all real property in the City in which a public agency has a fee
simple, easement, or leasehold interest. This includes, but is not limited to, streets, sidewalks,
the civic center, parks, and flood control facilities.
"Retail establishment" means any trade establishment selling articles, commodity, or any
line of merchandise regardless of whether the business is advertised or operated as a retail or
wholesale business, and regardless of whether the business is open to the general public, or is
a private club or business, or is a membership store.
"Shopping cart" or "Cart" means a basket that is mounted on wheels or a similar device
generally used in a retail establishment by a customer for the purpose of transporting goods of
any kind. The term "shopping cart" or "cart" includes a laundry cart.
"Unidentified shopping cart" means a shopping cart that is not an owner-identified cart,
or an owner-identified shopping cart of a retail establishment located outside the City that has a
permanently affixed sign that identifies it in accordance with applicable provisions of the
California Business and Professions Code.
Draft Ordinance 1360
CA 08-004
Page 4
5902 NUISANCE ABATEMENT AUTHORITY
Sections 5903 through 5906 of this chapter may be implemented and enforced by
designated representatives of the City of Tustin as designated by their respective department
heads in writing.
5903 MANDATORY MEASURES TO PREVENT THE REMOVAL OF CARTS
Owners of every retail establishment that uses ten (10) or more carts shall implement the
following measures to 1) prevent the unauthorized removal of carts from their premises, and 2)
provide for the prompt retrieval of lost, stolen, or abandoned shopping carts which have been
removed from the premises of the retail establishment:
A. Mandatory Cart Containment Plan. Every retail establishment that uses ten (10) or more
carts shall develop, implement, and comply with the provisions of a written plan
submitted to and approved by the Community Development Director to prevent
customers from removing shopping carts from the premises of such business without
authorization of the owner (the "Cart Containment Plan"). Two or more retail
establishments located within the same shopping or retail center or sharing a common
parking area may collaborate and submit a single Cart Containment Plan. The Cart
Containment Plan, at a minimum, shall include the following elements:
1. Signs Affixed to Carts. In accordance with applicable provisions of the California
Business and Professions Code, every shopping cart made available for use by
customers shall have a sign permanently affixed to it that (a) identifies the owner of
the cart or the retailer or both; (b) notifies the public of the procedure to be utilized
for authorized removal of the cart from the premises; (c) notifies the public that the
unauthorized removal of the cart from the premises of the business, or the
unauthorized possession of the cart, is a violation of state law, and (d) lists a valid
telephone number and/or address for returning the cart removed from the premises
to the owner or retailer.
2. Notice to Customers. Written notice shall be provided to customers, in English and
in Spanish, that removal of shopping carts from the premises is prohibited by state
law. Such notice may be provided in the form of flyers distributed on the premises,
warnings printed on shopping bags, direct mail, website notices, or any other means
demonstrated to be effective. In addition, conspicuous signs shall be placed and
maintained on the premises near all customer entrances and exits and throughout
the premises, including the parking area; warning customers that removal of
shopping carts from the premises is prohibited by state law.
3. Daily Cart Confinement. All shopping carts located on the premises of the retail
establishment (other than an establishment open for business twenty-four hours per
day) shall be collected at the end of each business day by employees of the retail
establishment and shall be collectively confined in a secure manner at the cart
confinement area on the premises as designated in the Cart Containment Plan until
the commencement of the next business day. All shopping carts located on the
premises of any retail establishment open for business twenty-four hours per day,
other than carts currently in use by a customer or patron, shall be collected by
employees of the retail establishment and returned to the cart confinement area on
Draft Ordinance 1360
CA 08-004
Page 5
the premises as designated in the Cart Containment Plan at least once per calendar
day between the hours of 9:00 p.m. and 12:00 a.m. on each day the retail
establishment is open for business. The provisions of this subsection shall not apply
to any shopping carts located within an enclosed building.
4. Installation of one of the following physical measures:
Disabling devices on all carts, which are activated when they cross a barrier at
the perimeter of the premises; or
ii. Physical barriers located at doors, around loading areas, or other defined
perimeters that will prevent the passage of carts beyond the barriers. The
barriers may also be placed on the carts themselves so that the carts cannot
pass through door openings or other defined perimeters.
5. Employee Training. The owner of the retail establishment shall implement and
maintain a periodic training program for its new and existing employees designed to
educate such employees concerning the requirements of this chapter and the
provisions of state law prohibiting the unauthorized removal of shopping carts from
the premises of the retail establishment.
B. Mandatory Cart Retrieval Plan -Every retail establishment that uses ten (10) or more
carts shall develop, implement, and comply with the provisions of a written plan
submitted to and approved by the Community Development Director for the retrieval of
lost, stolen or abandoned shopping carts which have been removed from the premises
of the retail establishment. The Cart Retrieval Plan shall include the following elements:
1. Retrieval Personnel. The owner shall provide personnel for purposes of the retrieval
of lost, stolen, or abandoned shopping carts. Such personnel may be either
employees of the business or one or more independent contractors hired by the
owner to provide shopping cart retrieval services, or a combination of both. The Cart
Retrieval Plan shall either (a) identify the number of employees who will be assigned
such cart retrieval duties, provide the number of total hours per week that each
assigned employee will perform such services (in addition to any on-premises
retrieval duties to which such employee may be assigned), and include the training
schedule that each such personnel has received or will receive concerning the
retrieval of lost, stolen, or abandoned shopping carts, or (b) include a copy of each
contract with a cart retrieval service (other than confidential financial information
which may be obscured from the contract). The owner shall provide written
authorization to all retrieval personnel. (For purposes of this section, those persons
identified in the Cart Retrieval Plan as providing cart retrieval services, whether
employees of the business or independent contract services, shall be referred to in
this section as retrieval personnel). Such authorization shall be carried by each such
person(s) while performing cart retrieval services off-site on behalf of the owner and
shall be provided to any enforcement personnel upon request. Each vehicle used by
retrieval personnel shall bear conspicuous signs on the vehicle identifying either the
name of the retail establishment for which such retrieval service is being performed
or, if applicable, the name of the cart retrieval service with which the retail
establishment has contracted for such services.
Draft Ordinance 1360
CA 08-004
Page 6
2. Prompt Retrieval of Carts. Retrieval personnel or services shall assure that all public
streets and all bus stops are patrolled and each lost, stolen, or abandoned shopping
cart owned or provided by the retail establishment which is found as a result of such
patrols is immediately retrieved and removed from any public or private property
upon which the cart is found. At the discretion of the Community Development
Director, the Cart Retrieval Plan shall (a) identify the perimeter streets and bus stops
in which all streets within the perimeter area will be patrolled as required by this
subsection; (b) the manner, frequency and times of such patrols; and (c) the
procedures to be employed by the retail establishment to identify and retrieve any
lost, stolen, or abandoned shopping carts. The Cart Retrieval Plan shall (d) identify
the number of trucks; (e) hours of operation of the retrieval personnel; and, (f) such
other information as reasonably required by the City to assure that the owner is
devoting sufficient resources to cart retrieval operations to comply with the provisions
of this section and the approved Cart Retrieval Plan.
5904 PLAN SUBMISSION AND APPROVAL
A. New or Relocated Retail Establishments. Prior to the establishment of a business
license, each new retail establishment and any existing retail establishment relocating to
a different location within the City that utilizes ten (10) or more carts shall present to the
Community Development Director written plans consistent with the requirements of
Section 5903 setting forth the physical measures it plans to implement to comply with
the requirements of this chapter. A user fee may be established by resolution of the City
Council to recover the cost of plan review and processing the application. Such plan
review fee shall be paid at the time of submitting plans and specifications for review.
B. Existing Retail Establishments. Each existing retail establishment shall submit proposed
plans complying with the requirements of Section 5903 of this chapter to the Community
Development Director within 120 calendar days following the date of adoption of this
ordinance. Such plan review shall be subject to fees established by resolution of the City
Council to recover the cost of plan review and processing the application.
C. Plan Review and Approval. Upon the filing of any proposed plan pursuant to Section
5903 of this chapter, the Community Development Director shall review the proposed
plan in accordance with Chapter 2 Section 9272 of the Tustin City Code. The Director
shall approve or deny the proposed plan within thirty (30) calendar days following receipt
thereof. If the proposed plan complies with each of the applicable requirements of this
chapter, the Director shall approve the plan; otherwise, the proposed plan shall be
denied. If the proposed plan is denied, the notice of decision given to the owner shall
state the grounds upon which the proposed plan was denied. A decision of the Director
may be appealed by the owner in the time and manner provided in Section 5904.E.
D. Amendments by Owner. The owner of any retail establishment which has an approved
plan conforming to the requirements of this chapter may, at any time, submit a proposed
amendment to the approved plan to the Community Development Director. Such
amendment shall be processed in accordance with the procedure provided for a
proposed plan as set forth in subsection C of this section.
E. Filing of Appeal. Pursuant to Section 9272f of the Tustin City Code, any owner aggrieved
by any adverse decision of the Community Development Director pursuant to this
Draft Ordinance 1360
CA 08-004
Page 7
chapter may appeal such decision to the Planning Commission. No appeal shall be
accepted far filing and processing unless accompanied by the appeal processing fee as
established by the City Council.
5905 REVOCATION
A. Grounds for Revocation. An approved plan may be revoked by the Community
Development Director upon his/her determination that any of the following grounds for
revocation exist:
1. The owner of any retail establishment has received notice that the establishment is
operating, or is permitting operation of, the retail establishment in violation of one or
more of the provisions of said approved plan(s) and has failed to correct said
violation(s) for a period of at least sixty (60) calendar days following the date of
receipt of written notice of such violation(s) from the City.
2. The mandatory Cart Containment Plan is inadequate to reasonably prevent the
removal of shopping carts from the premises of the retail establishment.
3. The mandatory Cart Retrieval Plan is inadequate to reasonably provide for the
prompt retrieval of lost, stolen, or abandoned shopping carts which have been
removed from the premises of the retail establishment.
B. Notice of Revocation. If at any time following the approval of a plan, the Community
Development Director obtains information or evidence that any of the grounds set forth
in subsection A of this section may exist, the Community Development Director shall
issue a written order (Notice of Revocation) stating why the approved plan should be
revoked and provide the grounds upon which it is proposed to revoke the approved plan.
The Notice of Revocation shall include the information and evidence, or a summary
thereof, upon which such order was issued and shall specify the effective date of the
revocation of the plan, which date shall be at least ten (10) days after the delivery of the
Notice. The Notice of Revocation shall become effective on the proposed effective date
unless the owner files a timely written appeal pursuant to subsection C. If a timely
appeal is filed, the Notice of Revocation shall become effective on the date the Planning
Commission acts upon the appeal, unless the Planning Commission determines the
approved plan should not be revoked.
C. Decision of the Director. The decision by the Director shall become final unless the
owner files a written appeal to the Planning Commission within ten (10) days of delivery
of the Notice of Revocation. Such appeal shall be subject to a filing fee in the amount as
prescribed by City Council Resolution.
D. Use of Shopping Carts Following Revocation Is Prohibited. No retail establishment
owner shall provide or make available shopping carts for the use of customers following
the effective date of any decision revoking a required plan pursuant to this chapter
unless and until a new proposed plan is approved by the City for such retail
establishment subject to the requirements of Section 5904 of this chapter.
5906 PENALTIES
Draft Ordinance 1360
CA 08-004
Page 8
A. Except as otherwise expressly provided in this chapter, it shall be unlawful for the owner
of any retail establishment that provides ten (10) or more shopping carts to provide or
offer, or permit to be provided or offered, any shopping carts to customers of the retail
establishment without an approved mandatory Cart Containment Plan and mandatory
Cart Retrieval Plan as required by this chapter.
If at any time, the Community Development Director determines that the owner is not in
compliance with the mandatory Cart Containment Plan and/or the mandatory Cart
Retrieval Plan as approved and on file with the City, the owner is considered to be in
violation and is subject to penalties. Each day shall be considered a new and separate
violation when a violation of any provision of this chapter occurs.
1. Penalty for Violation. Violation of any of these provisions or failing to comply with the
mandatory requirements of this Chapter may be prosecuted as provided for in
Section 1121 of the Tustin City Code. The first violation to any provisions of this
chapter committed by the owner of any retail establishment subject to the
requirements of this chapter shall be an infraction. Any subsequent violations
committed by the owner of any retail establishment after having previously been
convicted of violating said same section shall be a misdemeanor.
2. Proceedings. Any violation may be abated by the City through civil proceedings by
means of a restraining order, preliminary or permanent injunction, or in any other
manner provided by law for the abatement of such nuisances. Any person who
violates any of the provisions of this chapter shall be responsible for the City's
attorney fees and legal costs associated with the abatement.
3. Penalties Not Exclusive. The penalties set forth herein are cumulative and in addition
to all other remedies, violations, and penalties set forth in this chapter, or in any other
ordinances, laws, rules, or regulations of the City of Tustin, County of Orange, and
the State of California.
III. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for
any reason held out to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Tustin hereby declares that it
would have adopted this ordinance and each section, subsection, clause, phrase, or
portion thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Draft Ordinance 1360
CA 08-004
Page 9
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this
day of _, 200_.
DOUG DAVERT, Mayor
PAMELA STOKER, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
ORDINANCE NO. 1360
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council of the
City of Tustin is 5; that the above and foregoing Ordinance No. 1360 was duly and regularly
introduced at a regular meeting of the Tustin City Council, held on the _ day of _, 2009 and
was given its second reading, passed, and adopted at a regular meeting of the City Council held
on the day of , 2009 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
Published:
ATTACHMENT F
Chamber of Commerce letter dated December 21, 2008
usti n
OF COMMERCE
December 21, 2008
RECEIVED
JAN 0 8 2009
Ms. Elizabeth Binsack
City of Tustin
300 Centennial Way
Tustin, CA 92780
RE: Shopping Cart Ordinance
Resolution No. 4106
COMMUNfTY DEVELOPMENT DEPT
Code Amendment 08-004 (Ordinance No. 1360)
Dear Elizabeth:
Thank you for giving the Tustin Chamber of Commerce the opportunity to review the
draft of the City of Tustin's Shopping Cart Ordinance No. 1360, along with
accompanying documents related to this ordinance.
Retail stores provide shopping carts for the convenience of its customers while making
purchases, and allow easy transport of the products from the store to the customers'
vehicles. It is a modem convenience that we depend onespecially mothers with young
children and senior citizens.
However, abandoned shopping carts are a visual blight as well as potential hazards for
pedestrian and vehicular traffic on streets, sidewalks, parkways, alleys, flood control
property, railroad crossings/tracks, and private property. In addition, dirty abandoned
shopping carts that are placed back into service without being sanitized should be a
public health concern. Abandoned shopping carts are a community problem.
Although state law authorizes the City of Tustin to regulate businesses with owner-
identified shopping carts, the enforcement of a shopping cart containment ordinance
should not be the sole responsibility of the City of Tustin but a partnership with the
retailers.
Retail businesses that utilize shopping carts should be held accountable and take
responsibility for an effective cart containment and retrieval plan. Each retail store that
provides shopping carts should be mandated to either maintain aself-retrieval service or•
utilize a professional commercial cart retrieval service.
Ms. Elizabeth Binsack, City of Tustin
December 21, 2008
Page 2 of 2
Therefore, the Tustin Chamber's Boazd of Directors agree that the proposed code
amendment to update existing regulations as shown in draft Ordinance 1360 is necessary.
We recommend that the Planning Commission adopt Resolution No. 4106 recommending
that the Tustin City Council approve Ordinance No. 1360.
Sincerely,
~sa L. Chazette
President/CEO
cc: Scot Proud, Chairman of the Boazd
David Wazd, Chairman, BEDC