HomeMy WebLinkAbout08 RESO 97-77 08-04-97DATE:
Inter'Com
NO. 8
8-4-97
AUGUST 4,1997
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
SHOPPING CART RETRIEVAL - LEAGUE
RESOLUTION (RESOLUTION NO. 97-77)
OF CALIFORNIA CITIES
SUMMARY:' If adopted, Resolution 97-77 would represent the City's formal request to
the Orange County Division of the League of Cities to Sponsor legislation addreSsing
local government provisions in State law related to shopping cart retrieval.
RECOMMENDATION
That the City Council adopt Resolution No. 97-77 requesting that the League of California
Cities sponsor state legislation to address local government provisions relating to shopping
cart retrieval.
FISCAL IMPACT
There are no direct fiscal impaCts related to adoption of Resolution No. 97-77.
BACKGROUND~ISCUSSION
On June 16, 1997, Mayor Thomas sent a letter of conditional support of Assembly Bill (AB)
1427 sponsored by Assemblyman Pringle (Attachment A). AB 1427 would have allowed
cities to retrieve abandoned shopping carts within the three-day waiting period required by
existing State law. In effect, AB 1427 would have allowed the City the discretion to decide
when carts should be retrieved to reduce blight'and improve health and safety. However,
the City did not concur with the Bill's provision that the City would absorb the cOst of
removal which is estimated to be $110.00 per cart. Moreover, it was the City's position that
irresponsible cart owners or ineffective removal companies should bear the cost of removal.
AB 1427 failed passage in the Assembly Local Government committee by two votes.
Although the Bill failed passage, Assemblyman Pringle was successful in securing
reconsideration and designation as a two-year bill. AB 1427 will not be heard again until
the second half of the State Legislative biennial session in April 1998,
Resolution Noo 97-77
Shopping Cart Retrieval Legislation
August 4, 1997
Page 2
To deal with the shopping cart retrieval issue, concerned cities are desirous of being
proactive and are proposing additional legislation. Attached for the City Council's
consideration is a Resolution requesting support from the Orange County Division --
League of Cities Resolutions Committee at its meeting in August If the Resolutions
Committee (or the General Membership by two-thirds vote) supports this request, the
request will be forwarded for consideration at the State League of California Cities
conference in October. The Resolution requests that the League sponsor legislation 'to
repeal the onerous provisions of AB 317 which is the 1996 legislation that mandated the
three-day notice and placed shopping cart retrieval as a matter of statewide concern. For
the Resolutions Committee's consideration, four cities are required to support the request.
The cities of Santa Ana, Orange, Costa Mesa and Anaheim have previously indicated their
support for such a Resolution.
Elizabeth Ao Binsack
Community Development Director
EAB:kbm\ ccreport\ shopcart.eab
Attachments: A.
B.
Letter dated June 16,1997-- Subject. Support of AB 1427
Resolution No. 97-77
ATTACHMENT I
Letter Dated June 16, 1997 -- Subject: Support AB 1497
Office o! the City Council
June 16, 1997
The Honorable Michael Sweeney, Chairman
Assembly Local Government Committee
4146 Capitol Building
Sacramento, California 95814
. ATTAC~tENT iff.
City of Tustin
300 Cenlennial Way
Tustin, CA 92780
(7.14) 573-30.10
FAX (714) 838-'1602
SUBJECT: SUPPORT 'OF ASSEMBLY BILL 1427 (PRINGLE)
Dear Assemblyman Sweene~:
On behalf of the City of Tustin, please accept this
letter as our conditional support of Assembly Bill 1427.
If passed, AB 1427 would allow cities to retrieve
Jeffery M. Th~)rnas'
Mayor
Thomas R. Saltarel~i
Mayor Pro Tern
Mike Doyle
Councilmember
Jim Po~s
abandoned shopping carts within the-three bUsiness day ~u~ilmembet
"waiting period- required by existing State law. In Tra~ WillSWodey
effect, AB 1427 would return some degree of local control C0uncilmember
by allowing cities to decide if and when a shopping cart
should be retrieved. This improved ability to retrieve
carts will enable our City 'to be more proactive in
reducing the'perception of blight within the community
and to'immediately abate carts in sensitive areas thereby'
improving the health, safety and Welfare of Tustin
citizens..
However, as written, AB 1427 would unduly .burden our
city's taxpayers by requiring cities to absorb the costs
associated with cart removal when', carts are removed
during the three day waiting period. The City of Tustin
estimates that the cost to retrieve a shopping cart would
be approximately $110 plus a $15 daily storage cost. -In
effect, City taxpayers will be subsidizing irresponsible
cart owners whose property litters our City and endangers
the safety of our citizens'.
Existing State law allows cities to recoup the actual
cost of cart removal from cart owners, but only if the
carts are tagged, left unmoved for at least three days,
and then retrieved. It is highly import.ant for cities to
be able to recoup the costs of retrieving and storing
carts regardless of when they are retrieved. We suggest
that AB 1427 be amended to allow cities or counties to
charge the actual retrieval and storage costs to the cart
owner. This would not only encourage retailers to
collect carts promptly, but would also ensure that cities
are not burdened with the cost of cart abatement.
Honorable Assemblyman Sweeney
Support of .AB 1427 (Pringle)
June '16, 1997. ~-
Page '2
· . .
The City of Tustin urges you to support Assembly Bill 1427,
provided it is amended to allow cities to recoup the aCtual costs
of cart a~atement within the three day waiting period.
a~S~%%s ~~% If.you have
~t E 5he City's ·position on this bill, ·please
(714) 573-3-031. lnsack,-Community Development Director, at
Sincerely,
·
Mayor
JMT:SR: l~.islat\ab1427.
CC:
Assemblyman Ackerman
Assemblyman Baldwin
Assemblyman Cardoza
Assemblyman Hertzberg
Assemblyman Honda
Assemblyman Kaloogian
Assemblyman Kuykendall
Assemblyman Lempert
Assemblyman Margett
Assemblyman Murray
Assemblywoman Napolitano
Assemblyman Runner
Assemblywoman Thomson
AssemblYman Torlakson
ATTACHMENT 2
Draft Resolution No. 97-77
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RESOLUTION NO. 97-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, REQUESTING THAT THE
ORANGE COUNTY DIVISION OF THE LEAGUE OF
CALIFORNIA CITIES SPONSOR LEGISLATION TO
ADDRESS LOCAL GOVERNMENT PROVISIONS
RELATING TO ABANDONED SHOPPING CART
RETRIEVAL
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
WHEREAS, shopping cart retrieval legislation enacted in 1996 (Assembly
Bill 317) imposed onerous restrictions on cities including a three-day advance
notice re~luirement to cart owners prior to impounding abandoned shopping
carts; anct
WHEREAS,.neighb°rh°°d concerns regarding the number of abandoned or
stolen shopping carts and their contribution to blight has elevated with the
passage of Assembly Bill 317; and
WHEREAS, Assemblyman Pringle introduced legislation (AB 1427) on
behalf of the City of Anaheim to amend existing law dealing with the notice
provisions and local government charges relating to cart retrieval that was
'supported by the Grocers Association and the League of California Cities;
and
WHEREAS, the League of California Cities has indicated, an analysis of fiscal
impact to dries would vary significantly under the provisions of AB 1427 due
to the subjectivity or voluntary nature of the legislation.
WHEREAS, since current state law has restricted dries and counties from
retrieving nuisance shopping carts at the local level, it would be appropriate
for the League of Calif6rnia Cities to sponsor legislation in 1998 to repeal or
amend applicable sections of existing law dealing with cart retrieval.
II. NOW THEREFORE, BE IT RESOLVED that the City of Tustin hereby
requests that the Orange County Division League of Cities support a request
that the League of California Cities sponsor legislation '.m 1998 to amend or
repeal the onerous p. rovisions in current law dealing with city and county
restrictions surrounding cart retrieval.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular
meeting on the 4th day of August, 1997.
JEFFERY M. THOMAS
MAYOR
2 8 PAMELA STOKER, City Clerk