HomeMy WebLinkAbout21 ORDINANCE 1184 07-07-97NO. 21
7-7-97
DATE'
TO:
FROM'
SUBJECT:
JUNE 30, 1997
Inter-Com
WILLIAM A. HUSTON, CITY MANAGER'
POLICE DEPARTMENT
ORDINANCE NO. 1184 ADDING CHAPTER 9 TO ARTICLE 5 RELATED TO THE
ABATEMENT OF NUISANCE SHOPPING CARTS AND AMENDING SECTION 1132
RELATED TO CITATION PROCEDURES
Summary
Recommendations
That the City Council:
.
Introduce and approve the first reading by title only of Ordinance No. 1184, adding
Chapter 9 to Article 5 of the Tustin City Code relating to the abatement of shopping
cart nuisance and amending Section 1132 (Citation Procedures) of the Tustin City
Code; and set for second reading at the Council's July 21, 1997 meeting;
.
Appropriate $4,500 from the Unappropriated Reserve Fund to fund the
implementation of a Loaner Carts Program; and
.
Adopt Resolution 97-70 establishing fees to track, retrieve, and/or abate shopping
carts.
Fiscal Impact
The fiscal impacts associated with the Recommendation actions are as follows:
.
Unidentified. carts:
Owner-Identified carts:
Daily storage:
$73.35 to retrieve each cart
$110.85 to track and abate
$15.00 per day
Research was conducted by the Community Development Department regarding
costs involved in locating, tagging, tracking, and abating carts. Their estimated
costs are included as Attachment 1. State law allows the City to charge the actual
cost of retrieving abandoned carts. Sts~ estimated costs to be $110.85 per owner-
Mr. Huston
June 30, 1997
Page 2
ge
So
identified cart and $73.35 for each unidentified cart. Storage will be charged at $15
per day.
No funds are budgeted-to support the Loaner Cart Program; therefore, if the
Council supports the program, an.appropriation of $4,500 Wi]] be necessary.
Adoption of Resolution 97-70 would require cart owners to reimburse the City for
the actual cost of retrieving abandoned carts.
Background
Pursuant to the City Council's direction of April 14, 1997, the Police Department
conducted surveys and extensive research within the City of Tustin to identify and
quantify the issue of abandoned shopping carts. Staff contacted businesses that use
shopping carts, individuals who were observed taking shopping carts from businesses,
other cities about theft enforcement/education efforts to solve the problem, cart retrieval
services, apartment complex msnagers/owners, and other individuals who may be
impacted or be a causal factor to this identified problem. In addition,, considerable input
was received from Tustin PRIDE and TEAM.
The following is a compilation of the efforts taken and proposed to address the issue of
abandoned shopping carts.
First, this issue was identified as being a community pr°blem--neither the Police
Department nor the City of Tustin can solve it alone. Individuals associated with Tustin
PRIDE .and TEAM as well as the community must work towards the community good--
each must do his/her part. No one entity can successfully eradicate the ab_~_ndoned
shopping carts from the City of Tustin. Therefore, we have designed a multi-faceted
approach from which significant results should be obtained.
Community Education
The first portion of this approach is education. As reflected in the Police Department's
interim report for the City Council meeting of May 19, 1997, the average violator of
shopping cart guidelines most likely does not have any idea that removal of a shopping
cart from a business'premises is illegal. Other economic factors are present, m~king
utilization of the shopping carts a matter of personal daily need rather than an
intentional violation of the law. For this reason, education moved to the top of the list of
necessary resolution activities.
Mr. Huston
June 30, 1997
Page 3
The Police Department distributed flyers in English and Spanish (see Attachment 2) to
stores, schools, and residents regarding the laws that pertain to shopping cart removal
from licensed premises.
Together with the Community Development Department the Police Department designed
a message to the community in English and Spanish (see Attachment 3) explaining that it
is illegal to remove shopping carts from store parlriug lots. The message publicizes the
telephone number of the .California Shopping Cart Retrieval Corporation and lists the
associated contracting markets.
City employee awareness was heightened through publication of correspondence from the
City Manager's Office (see Attachment 4) and from the Police Department (see
Attachment 5) that addressed the issue of reporting abandoned shopping carts.
Information flyers prepared in English and Spanish (see Attachment 6) were designed for
distribution by apartment complex managers that advise tenants not to remove shopping
carts from parking lots.
Poster prototypes have been completed and will be placed in windows and other
conspicuous locations within local markets that utilize shopping carts. The posters will
advise shoppers that it is aga~inst the law to remove shopping carts beyond the shopping
center par]ring lot. Drafts of the posters are included as Attachment 7.
Retrieval
Retrieval is sn integral part of the elimination of nuisance shopping carts. All City
departments will noti~ the California Shopping Cart Retrieval Corporation about
abandoned carts found within the right of way and on public property. These Police
Department efforts will continue as necessary. Over the past 60 days it became apparent
that these efforts have had a positive impact.
The flood control channels were identified as another area of concern. Abandoned
shopping carts have been observed to be used in the flood control channel as ladders from
the lower level to the upper level. The CommUnity Development Department contacted
the Flood Control District who, in turn, encouraged the City to remove the shopping carts
from the flood control channel.
Pursuant to the proposed City ordinsnce discussed under Enforcement, the Public Works,
Community Development, and Police Departments will establish an implementation
procedure whereby carts identified as nuisances within the proposed City ordinance or
carts that impede emergency access (Business and Professions Code) will be retrieved in
Mr. Huston
June 30, 1997
Page 4
the shortest possible time. The carts will be stored at a City facility for the required
length of time in accordance with state law.
Community InvolVement
The Community Development Department prepared a proposal that addressed a loaner
pull cart program to eliminate the need for removal of store shopping carts from
commercial property. The program offers loaner carts that would be administered by
owners/managers of apartment complexes containing more than 16 Units. This proposal is
encapsulated in the Inter-Corn of June 5, 1997 (see Attachment 8). Total cost of program
implementation will be approximately $4,500; the cost could be offset by sales of
advertising placed on the carts (i.e., "This cart provided courtesy of ABC Shopping
Center"), thus lessening the overall financial impact. The initial purchase, however,
· would necessitate an appropriation of $4,500. A survey of 45 apartment managers
identified an approximate 50 percent buY-in upon initial implementation of this program.
If the progra_m is successful, participation will increase.
Apartment managers for multi-family areas were contacted regarding their extent of
cooperation for establishment of an abandoned cart corral for ease of retrieval. Again,
approximately 50 percent were interested. Over 80 percent indicated a willingness to
participate in elimination of the problem by calling about carts abandoned on their
properties. (Refer to Attachment 9 for details of the survey.)
Legislative Change
Another important effort the City has undertaken is to effect changes to state law. In this
regard, letters were sent to concerned legislators (see Attachment 10).
Enforcement
The City Attorney prepared draft ordinance No. 1184 with input from City staff. If
approved, the ordinance will empower the Police Department, Code Enforcement officers,
and others identified by Tustin City Code (TCC) Section 1132 to cite violators who possess
shopping carts. It will also enable the City to retrieve immediately unidentified carts
found in public areas within the City limits. Properly identified carts require a 72-hour
notification. Internal forms will be designed to track carts eligible for immediate pick up.
The color of a notice will determine whether a cart has been "tagged" for either pick up or
a 72-hour waiting period. Proposed ordinance 1184 is attached as Attachment 11 with
proposed changes to TCC 1132 to amend (5) and (2) to include nuisance abatement. The
Mr. Huston
June 30, 1997
Page 5
Police Department has developed an internal tracking system whereby repeat violators
can be identified and appropriate enforcement action (citations) may be taken.
Refer to Attachment 12 for a copy of Resolution 97-70 that addresses fees to track,
retrieve, and abate shopping carts.
It is believed a significant impact will be realized with the programs/processes
implemented as recommended above.
Respectfully submitted,
Acting Chief of Police
STEVE FOSTER, Captain
SF:ks
Attachments
" ~ " ATTACHHENT 1
Table 1: Estimated Costs of Abandoned Cart Abatement
Task Explanation Cos t
1. Locating and Tagging Cart Includes staff time (salary $40.85
and benefits) t° locate and
tag .cart, and a standard
15% overhead rate.
2. Notifying Cart O~er Includes staff time (salary $ 5.00
and benefits) to generate
notice and postage.
--
3. Tracking Cart Includes staff time (salary $32.50
and benefits) to locate
tagged cart, truck rental,.
and a standard 15% overhead
rate.
Subtotal per Cart: If a retailer r.~,moves the $78.35
cart within three days, t.he
· City would not be able to
charge any costs associated
wi uh Tasks 1, 2, or 3 above
to the cart owmer. This
represents a possible
$78.35 cost to the City per
cart .
4. Retrieving Cart Includes staff time (salary $32.50
and benefits) to ]'ocate
tagged cart, truck rental,
and a standard 15% overhead
rate.
5. Daily Storage Based on similar daily $15.00
impound fees for bicYCles'
motorcycles, etc.
Total per Cart: $110.80
ATTACHMENT
NOTICE TO OUR CUSTOMERS!
WE NEED YOUR HELP! PLEASE DO NOT REMOVE GROCERY
CARTS BEYOND THE AREA OF THE SHOPPING CENTER PARKING
.LOT!
,.5' THE CITY HAS RECEIVED MANY COMPLAI.NTS FROM RESIDENTS
AND BUSINESS OWNERS ABOUT GROCERY CARTS THAT ARE BE-
ING TAKEN FROM THE SHOPPING CENTER PROPERTY AND LEFT
ON NEARBY STREETS.AND SIDEWALKS.
·
ABANDONED CARTS CAN CAUSE ACCIDENTS AND CREATE AN
UNATTRACTIVE AND BLIGHTED APPEARANCE IN YOUR COMMU-
AS GOOD NEIGHBORS WE WANT TO HELP PREVENT ABANDONED
SHOPPING CARTS FROM CLUTTERING THE NEARBY STREETS OF
OUR NEIGHBORHOOD.
PLEASE DO NOT REMOVE GROCERY CARTS FROM THE STORE
PARKING LOT. AND, IF YOU SEE AN ABANDONED CART, HELP
BEAUTIFY YOUR Cl.'FY. BY CALLING TOLL FREE (800) 252-4613
AND REPORTING THE LOCATION OF THIS CART. THIS NUMBER
OPERATES 24 HOURS A DAY AND IS STAFFED BY THE CALIFORNIA
SHOPPING CART RETRIEVAL CORPORATION IN AN EFFORT TO
ASSIST IN THE REMOVAL OF ABANDONED SHOPPING CARTS FROM
- ~i/"~ uNAUTHORIZED
REMOVAL OF A SHOPPING CART
FROM THE STORE PARKING LOT' iS A VIOLATION OF
i. ~. STATE LAW (CALIFORNIA BusINESS AND PrOFES-
SOr SlONAL CODE, SECTION 22435). if YOU rEmOVE
· ~, OR ARE IN POSSESSION OF A CART YOU MAY BE
~ CITED.
ATTACltJ,{ENT 2
I
1
· .
NOTICiA PARA NUESTROS CLIENTE$!
iNEcESITAMOS SU AYUDA! POR FAVOR NO ALE JAR LAS CAR-
RETAS DEL AREA DE ESTACIONAMIENTO DEL CENTRO COMER-
CIAL.
LA CIUDAD HA RECIBIDO MUCHAS QUEJAS DE LOS RESIDENTES Y
,DE LOS DUENOS DE NEGOCIOS ACERCA DE LAS CARRETAS QUE
HAIN SIDO ALEJADAS DE LA PROPIEDAD DEL CENTRO' DE 'COM-
PRAS Y LAS HAN ABANDONADO EN LAS CALLES VECINAS.
CARRETAS ABANDONADAS PUEDEN CAUSAR'ACCIDENTES Y
CREAR UN MAL ASPECTO EN LA COMUNIDAD.
COMO BUENOS VECINOS PODEMOS PREVENIR EL ABANDONO DE
CARRETAS DE COMPRAS QUE CONGESTIONAN LAS CALLES VECI~ .
NAS.
POR FAVOR NO AkEJE LAS CARRETAS 'DEl_ ESTACIONAMIENTO DE
LA TIENDA. Y, SI VES CARRETAS ABADONADAS, AYUDA A EMBEL-
LECER TU CIUDAD LLAMANDO A NOMERO GRAT01TO (800) 252-
4613 Y REPORTANDO LA LOCALIDAD DE LAS CARRETA. ESTE
NOMERO OPERA LOS 24 HORAS DEL DIA Y ES ATENDIDA POR EL
CALIOFORNIA SHOPPING CART RETRIEVAL CORPORATION EN UN
ESFUERZO PARA ASISTIR A RECOGER LAS CARRET,~,S ABANDON-
LLEVAR
UNA CARRETA FUERA DEL ESTA,
Ci0NAMIENTO DE LA TIENDA SIN PERMISO ES CON-
tRA La LEY'DEI ESTADO (CALifOrNia BUSINESS
AND PROFESSIONAL CODE, SECION 22435). S!
TiENE UNA CARRETA, PUEDE RECIBA UNA MUITA.
/ x, / '
MESSAGE TO THE COM
MUNITY
.T$
Did you knoxv that unauthorized removal of a shopping cart from the
store parldng lot is a violation of State law (California Business and
Professions Code Section 22435). If you remove or are in possess'
.of a cart you may be issued a citation.
Please do not remove grocery carts beyond the store parldng lots.
Shopping carts left on streets and sidewalks can cause accidents and
create an unattractive appearance in our City.
' We Need You r Help.t
If you see an abandoned cart that belongs tO the following retailers, please call the California
Shopping Cart Retrieval Corporation (CSCRC) at (800) 252-4613 to report the location of
the cart. This number operates 24-hours a day and assists in the removal' of abandoned
shopping carts.
32nd Street Markets
99 Cents Only Stores
Albertson's Food Stores
Boney's
Drug Emporium
Food 4 Less Supermarkets
Gelson's Markets/Mayfair
Home Base
Itome Depot
Hughes Family Markets
K-Mart
LOngs Drug
Lucky Stores, Inc.
Marshall's Max Foods
Michaels
Office Depot
Orchard Supply Hard,yarc
Pavillions
Payless Drug Stores
Pic-N-Save
Price Club'
Ralph's Grocery Company
Rexall Drugs
Sam's Club
Sav-On Drugs
Say-U-Foods
Smart & Final
Smith's Food and Drug
Stater Bros.
Markets
Staples
Target Stores
Thrifty. Drug
Top Value Marts
Toys "R" Us
Trader Joes
Vons Companies, Inc.
Wal-Mart
The contact number for local retailers that do no___[ contract x~dth CSCRC are listed below.
Bonanza Market (714) 573-I 182
Costco Wholesale (714) 8384795
Whole Foods (formerly Mrs. G(}och's) (714) 731-3400
Petsmart (714) 241-0317
.Ross (714) 731-9360
TJ Maxx (714) 730-1013
MENSAJE A LA COMUNIDAD
Sabia que quitando una carreta del parque de estacionamiento de una tienda es una
violaciSn del codigo de comercio y profesion del estado de California, seccion 22435.2
(a). Si quita o est~ en posesiSn de una-carreta puede recibir una citacion de corte.
Por favor no quite carretas mas all~ del estacionamiento de la tienda. Carretas de
compra dejadas en calles y aceras pueden causar accidentes y crean una apariencia
poco atractiva en nuestra ciudad. '~
Requerimos su ayuda!
Si ve una carreta abandonada que pertenece a los comercios siguientes, favor de ilamar
LA CORPORACION DE I,A RECUPERACION DE CARRETAS DE COMPRAS
DE CAI,IFORNIA (CSCRC) a 1-800-252-4613, para'informar el local de la carreta.
Este nflmero opera 24-hours por dia y asiste en recoger las carreta.
32nd Street l~¢arkets
99 Cents Only Stores
Albertson's Food Stores
Boney's
Drug Emporium
Food 4 Less Supermarkets
Gelson's Markets/Mayfair
Home Base
Home Depot
Hughes Family Markets
K-Mart
Longs Drug
Lucky Stores, Inc.
· Marshall's-
Max Foods
Michaels
Office Depot
Orchard Supply Hardware
Pavfil~ons
Payless Drug Stores
Pic-N-Save
Price Club
Ralph's Grocery Company
Rexall Drugs
Sam's Club
Sav-On DrugsSav-U-
Foods
Smart & .Final
· Smith's Food and Drug
Stater Bros.
Staples
Target Stores
Thrifty Drug
Top Value Marts
Toys "R" Us
Trader Joes
Vons Companies, Inc.
Wal-Mart
los sigentes comercios no contratan con la compania CSCRC si encuentra una careta
de estas tiendas puede llamar la tienda apropiada para que recogan sues Caretas.
Bonanza Market (714) 573-1182
Costco Wholesale (714) 838-4795
Whole Foods/Mrs. Gooch's (714) 731-3400
Petsmart (714) 241-0317
Ross (714) 731-9360
TJ Maxx (714) 730-1013
ATTACH~N' 4
DATE:
TO:
FROM:
SUBJECT:
MAY 27, 1997
DEPARTMENT HEADS ~
WILLIAM A. HUSTON, CITY MANAGER
.RE~'ORTING ABANDONED SHOPPING CARTS
inter-Com
As you know, the continued presence of abandoned shopping Carts has become an issue forthe City.
We are currently developing a comprehensive, interdepartmental approach to preventing and abating
abandoned carts that will be submitted to the City Council in June. In the meantime, please direct
your staff and officers to report abandoned shopping carts that they see while conducting normal
business. To do this, staff will need to report the cart owner's name (which is usually located on the
basket's seat) and the exact location of the cart (i.e., 1500 Walnut Avenue). Any abandoned cans,
whether the retailer is located within Tustin or not, should be report6d to the California Shopping
Cart Retrieval Corporation or to the owner of the cart directly. Listed below are stores that contract
with the CSCRC for retrieval. Every store within the chain is serviced by the CSCKC.
California Shopping Cart Retrieval Corporation
(800) 252-4613
£lease call the CSCRC directly to report abandoned carts
belonging to the following retailers:
32nd Street Markets
99 Cents Only Stores
Albertson's Food Stores
BoneY's
Drug Emporium
Food 4 Less Supermarkets
Gelson's Markets/Mayfair
Home Base
Home Depot
Hughes Family Markets
K-Mart
Longs Drug
Lucky Stores, Inc.
Marshall'sMax Foods
Michaels
Office Depot
Orchard Supply Hardware
Pavillions
.
Payless Drug Stores
Pic-N-Save
Price Club
Ralph'sGrocery Company
Rexall Drugs
Sam's Club
Sav-On Drugs
Sav-U-Foods
Smart & Final
Smith's Food and Drug
Stater Bros.
Markets
Staples
Target Stores
Thrifty Drug
Top Value Marts
Toy's "R" Us
Trader Joes
Vons Companies, Inc.
Wal-Mart
Reporting Abandoned Shopping Carts
May 27, 1997
Page 2
The contact number for local retailers that do not contract with CSCKC are listed below.
Bonanza Market (714) 573-1182
Please be aware lhat Bonanza Market at 1112 Walnut
Avenue uses cart~ that have been,purchased from other
stores such as "Food For Less" and other stores that
are not located within Tustin. If CSCRC does not
collect abandoned cart~ within the vicinity of Walnut
Avenue after being called, contact Bonanza Market.
Costco Wholesale (714) 838-4795
Whole Foods (formerly Mrs. Gooch's) (714) 731-3400
,
Petsmart (714) 241-0317
Ross (714) 731-9360
TJ Max (714) 730-1013
Ifa particular retailer or store is not listed above, contact the store directly to report the abandoned
cart. If you need additional information regarding the California Shopping Cart Retrieval
Corporation, call Rita Westfield, Assistant Community Development Director, at ext. 3109.
Hopefully with everyone's cooperation in reporting carts in a timely manner, the visual blight
associated with abandoned shopping carts will be reduced.
k.v'cartmcm4.mcm
Reporting Abandoned Shopping Carts
May 27, 1997
Page 2
The contact number for local retailers that do not contract with CSCKC are listed below.
Bonanza Market (714) 573-1182
Please be aware that Bonanza 3/farket at 1112 Walnut
Avenue uses carts that have been pur. chased from other
stores such a~ "Food For Lesa" and other stores that
are not located within Justin. If CSCRC does not
collect abandoned carts within the vicinity of gffalnut
Avenue after being called, contact Bonanza Market.
Costco Wholesale (714) 838-4795
Whole Foods (formerly Mrs. Gooch's) (714) 731-3400
Petsmart (714) 241-0317
Ross (714) 731-9360'.
TJMax · - (714) 730-1013
If a particular retailer or store is not listed above, contact the store directly to report the abandoned
cart. lyf you need' additional information regarding the California Shopping Cart Retrieval
Corporation, call Rita Westfield, Assistant Community Development Director, at ext. 3109.
Hopefully with everyone's cooperation in reporting carts in a timely manner, the visual blight
associated with ab'andoned shopping carts will be reduced.
k.q./cartm~n4.m~
.:.
DATE:
APRIL 24, 1997
ATTAChmENT 5
Inter-Corn
TO:
FROM:
SUBJECT:
ALL CONCERNED PERSONNEL
STEVE FOSTER, ACTING CHIEF OF POLICE
SHOPPING CART ISSUE
As most of you know, abandoned shOpping carts have been an issue in the City
of Tustin for several years. The City needs to find a solution to this problem.
At the last Council meeting the Police Department was directed to take a look
at the issue and propose a solution. We are doing so.
I re_~lize to many of you this may sound like a frivolous assignment. You must
understand that it is of imperative importance for many individuals in the
community. For this reason, we must do what we can to find a workable
solution to this problem.
Sgt.: Dave Kreyling is heading the research in this area. For him to be
successful, he needs the help of each officer on the street. First and most
importantly he needs you to be supportive, therefore, not negative in your role
in the resolution of this issue. Secondly, each of you will be asked to be aware
of individuals with shopping carts off store premises. If you see individuals
with carts, we ask that you complete an FI card on the individual as this
identification is important in compiling overall statistics to identify the extent
of the problem..Advise the individual of the existing laws prohibiting removal
of shopping carts from the parking lot of the place of business. Also, make a
notation on the face of the FI card "shopping cart," which will easily identify
those FI's that pertain to this issue. No citations should be issued at the
present time until an overall plan to address this problem is in place.
I thank you all in advance for your assistance and cooperation in this project.
Our report is due to Council on May 19, 1997. I will keep you informed as to
how we are progressing.
STEVE FOSTER
Acting Chief of Police
NOTICE TO OUR TENANTS
Did you know that unauthorized removal of a shopping cart from the
store parMng lot is a violation of State law (California Business and
Professions Code Section 22435. If you remove or are in possessiOn
of a cart you may be issued a citation.
Please do not remove grocery carts beyond the store parking lots.
Shopping carts' left on streets and sidewalks can cause accidents and
create an unattractive appearance in our City.
need your help!
If you see.an abandoned cart that belongs to the following retailers, please call the California
Shopping Cart Retrieval Corporation (CSCRC) at (800) 252-4613 to report the location of
the cart. This number operates 24-hours a day and assists in the removal of abandoned
shopping.carts.
32nd Street Markets
99 Cents Only Stores
Albertson's Food Siores
Boney's
Drug Emporium
Food 4 Less Supermarkets .
'Gelson's Markets/1Hi~yfair
Home Base
Florae Depot
Hughes Family Markets
K-Mart
Longs Drug
Lucky Stores, Inc.
Marshall'sMax Foods
Michaels
Office Depot
Orchard Supply Hardware
Pavillions
Payless Drug StoresPic-N-Save
Price Club "
Ralph'sGrocery Company
Rexall Drugs
Sam's Club
Sav-On Drugs
Say-U-Foods
Smart & Final
Smith's Food and Drug
Stater Bros.
Markets
Staples
Target Stores
Thrifty Drug
Top Value Marts.
Toy's ,R" Us
Trader Joes
Vons Companies, Inc.
Wal-Mart
The contact number for local retailers that do not contract with CSCRC are listed below.
Bonanza Market (714) 573~1182
Costco Wholesale (714) 8384795
Whole Foods (formerly Mrs. Gooch's (714) 731-3400
Petgmart (714) 241-0317
Ross (714) 731-9360
TJ Max. (714) 730-1013
AVlSO A NUESTROS INQUILINOS
Sabia que quitando una carreta del parque de estacionamiento de
una tienda es una violaci6n del codigo de comercio y profesion del
estado de California, seccion 22435.2 (a). Si quita o est~ en posesi6n
de una carreta puede recibir una citacion de corte.
Por favor no quite carretas m,~s all~ del estacionamiento de la tienda.
Carretas de compra dejadas en Calles y aceras pueden causar
accidentes y crean una apariencia poco atractiva en nuestra ciudad.
Requerimos su. ayuda !
Si ve una carreta.abandonada que pertenece a los comercios siguientes, favor
de Ilamar LA CORPORAClON DE LA RECUPERAClON DE CARRETAS DE
COMPRAS DE CALIFORNIA (CSCRC) a '1-800- 252-46'13, para informar el
local de la carreta. Este nt~mero opera 24-hours pot d[a y asiste en recoger las.
carreta.
32nd Street .Markets
99 Cents Only Stores
Albertson's Food S~ores
Boney's
Drug Emporium
Food 4 Less Supermarkets .
Gelson's Markets/Mayfair
Home Base
Home Depot
Hughes Family Markets
K-Mart
Longs Drug
Marshnll'sMax Foods
Michaels
Office Depot
Orchard Supply Hardware
Pavillion~ '
Payless Drug StoresPic-N-Save
Price Club';" "
l~lph'sGrocery Company
Rexall Drugs
Sam's Club
Sav-On Drugs
Sav-U-Foods
Smart & Final
Smith's Food and Drug
Starer Bros.
Markets
Staples
Target Stores
Thrff~ Drug
Top Value Marts
Toy's "R" Us
Trader Joes'
Vons Companies, Inc..
Wal-Mart
Lucky Stores, Inc. ..
los sigentes comercios ,no contratan con la compania CSCRC si encuentra una
careta de estas tiendas puede Ilamar la tienda apropiada para que recogan sues
caretas.
Bonanza Market (714) 573-1182
Costco Wholesale (714) 838-4795
Whole Foods/Mrs. Gooch's (714) 731-3400
Petsmart (714) 24'~-0317
Ross (714) 731-9360
TJ Max (71.4) 730-1013
ATTACHMENT 7
DATE:
June 26, 1997
lnter-Com
TO:
FROM:
SUBJECT:
Sgt. Kreyling
CSO Stacy Margolin
Shopping Cart Posters
Attach'ed you will find several prototypes of informational posters, it is our intent
to place these °r those with another design in retail establishments throughout
the city and more specifically in the target areas.
These posters can either be made of cardboard or a material that could
withstand the weather, allbwing them to be placed outdoors. In addition, posters
would be given to apartment complexes and Homeowners Associations, to be
placed in common areas.
'%. j
IF YOU REMOVE'OBARE IN' POSSESSION~ "
OF ASHOPpING CART YOU WILL BE CITED!!
PLEASE CALL (800] 252-4216 FOB BEMIVAL IF ABANDONED CARTS.
.. . .-.? .. ~..,......,; --.~. ~~. ~
BEAIOV
B&PCODE
FOR REMOVAL
PLEASE CALL
DATE: JUNE 5, 1997
ATTACH~fENT 8
Inter-Com(
.
TO:
~~/ABETlt A. BINSACK, DIRECTOR OF COMMUNITY DEVELOPMENT
FROM:
SUBJECT: ABANDONED SHOPPING CART ABATEMENT STRATEGY- INFORMATION
FOR CART LENDING PROGRAM
As we discussed at the meeting on May 19th, I am forwarding the following information for your
discussion purposes in developing a cart lending program.
Program Description
Pull-carts could be provided by the City at cost to apartment managers of complexes with
more than 16-units for temporary loan to residents that would otherwise use shopping carts
to carry groceries to and from stores. Complexes with more than 16-units are suggested
because they are required to provide on-site management.
I would suggest developing an "Agreement" for apartment managers to sign. The
"Agreement" could outline procedures for keeping logs of how often carts are checked out
to gauge effectiveness of and need for the program at a particular complex. In addition, the
agreement could be used to commit apartment managers and their management companies
to participating in the lending program for a specified amount of time (i.e., 6 months, 1 year).
I would suggest that the program be advertised with promotional materials such as posters
and flyers. The posters could be posted in common areas of the complex (i.e., laundry rooms)
and the flyers could be distributed door-to-door, included in new resident orientation
materials, and/or provided at markets..
Target Area
I would suggest a potential "target area" surrounded by Irvine Boulevard, Browning Avenue,
Walnut, Red Hill Ave, the 1-55 Freeway, Mcfadden and Main (see Attachment A). This area
contains the highest percentage of apartment complexes and encompasses the majority of our
low and moderate income areas as defined by the City's CDBG program.
In the "target area" there are 51 apartment complexes with 16 or more units, with an
estimated total of 4,500 units. The complexes range in size from 22 units to 416 units. The
average complex size is approximately 80 units.
Information For Cart Lending Program
June 5, 1997
Page 2
Of the 51 complexes, 42 are members of Tustin Effective Apartment Managers (TEAM). We
recommend that TEAM members be given priority for the cart lending program.
Cart Requirements
Based on the profile of the target area, I woUld suggest providing a total of 140 carts. This
recommendation is based on providing carts at the following ratios:
20-80 units 2 carts
81-150 units 3 carts
151-300 units 4 cans
301-500 units 5 carts
We are recommending that not less than 2 and no more than 5 carts be provided to any one
complex. Imposing a maximum of 5 carts will allow the City to distribute carts widely and
also will be easy to store at the complex. Assuming a maximum and minimum, the ratios
were aSsigned according to the size of the complex.
Attached is information regarding types of pull-carts that are available. Costs range from
$18.78 for a medium size, two-wheel cart to $24.72 for a. large, four-wheel cart. The carts
are designed for personal use and may not sustain long-term, intensive use. We recommend
considering the four-wheel cart since it carries 2-3 bags of groceries and is lined with shrink
wrap.
Program Costs
If 140 carts are provided, the total cost will be $2,629 to $3,460 depending on their size.
There will also be ancillary costs associated with providing promotional materials.
The City will need to decide if it will replace lost or damaged carts or whether providing carts
is a one-time offer. If the City will replace carts, it is suggested that a replacement schedule
be developed (i.e., annual, bi-annual) so that potential costs can be. developed.
Based on preliminary input from Department of Housing and Urban Development (HUD)
officials, providing carts may not be an eligible CDBG project. As a result, we would not be
able to use CDBG funds:' In addition, approximately 1,000 apartment units are outside of
the CDBG eligible "target area" that we are recommending. If we provide carts to these
Information For Cart Lending Program
June 5, 1997
Page 3
complexes, we would not be able to use CDBG funding. Do you have any suggestions for
exploring other funding sources?
There are 50 complexes outside our reccommended "target area". If the program is extended
t° cover more properties, costs will increase proportionally.
Other Considerations
There are approximately 600 units within the target area (primarily in the southwest area) that
are between 2- to 16-unit complexes. Because there is no requirement for on-site
management, it may be difficult to provide a lending program at these complexes unless the
City manages the program.
After you review the above, let's unite our shopping cart "task force'." I will be out of the office
until June 16th.
CC:
William A. Huston
Fred Wakefield
Dave Kreyling
Rita Westfield
Karen Peterson
Minoo Ashabi
Attachment A: Recommended Target Area
MA:cm'tlcnd.mem
McFa~
... Fa[rhavcn Avenue
l. Scvcntccnth Street
t
!
.~.
.. ~.~
.5 2 4-.06
'756;0~
//
//
//
II
11
II
II
525.01.
Locator Map
o.
Census Tract Boundaries
'ATTACI'tM EUT'. A
:.,
15' 53
iz132614988
uSCPwESCO
P~GE
Two and Four Wheel Models
Sturdy, multi-purpose carts
· All-steel frame
· UghWveight
- Durable
· Easy to =¢tup
· Three basket alzea
small, msdium & large
· Folds for storage
· Hanger hook to hang on
grocery cart or folded lock
Many Uses
Toys
Clothing
Groceries
Athletic Equipment
Lawn and Garden Supplies
·
Picnic and Barbeque Items
ATTACHMENT
ATTACHMENT 9
JUNE 26, 1997
Inter-Com
DATE:
TO:
FROM:
SUBJECT:
SGT. KREYLING
OFFICER JOHN MIRARCHI
APARTMENT SURVEY REF. 'LOANER SHOPPING CARTS
PER YOUR DIRECTION AN APARTMENT SURVEY WAS CONDUCTED TO DETERMINE THE
LEVEL OF COOPERATION THAT WOULD BE RECEIVED ON A LOANER/DONATED
SHOPPING CART PROGRAM. A TOTAL OF FORTY-FIVE LOCAL APARTMENT MANAGERS
AND OWNERS WERE CONTACTED OVER A THREE DAY PERIOD OF TIME. THE FOLLOWING
QUESTIONS WERE ASKED OF THEM.
1. WOULD YOUR COMPLEX BE WILLING TO HAVE A "CART CORRAL" ON IT'S PREMISES ?
2. IF YOUR COMPLEX IS GIVEN SHOPPING CARTS WOULD YOU ADMINISTRATE THE
DISTRIBUTION OF THE CARTS TO YOUR TENANTS AND MAINTAIN RECORDS ON WHICH
TENANT HAS CHECKED OUT A CART ?
3. ARE YOU WILLING TO CALL IN ABANDONED SHOPPING CARTS ON YOUR PROPERTY ?
4. WOULD YOU / YOUR COMPANY GIVE PERMISSION TO THE CITY OF TUSTIN TO COME
ONTO YOUR PROPERTY AND REMOVE ABANDONED SHOPPING CARTS .9
AFTER REVIEWING THE ANSWER TO THE ABOVE QUESTIONS, A BREAKDOWN OF THEM
WAS CONDUCTED AND THE RESPONSES COMPLIED BELOW. -
QUESTION 1
24 (53%) MANAGERS REPLIED WITH A YES.
· 20 (44%) MANAGERS REPLIED WITH A NO.
· 1 (2%) MANAGER WAS UNDECIDED.
QUESTION 2
· '21 (46%) MANAGERS REPLIED WITH AYES.
· 22 (48%) MANAGERS REPLIED WITH A NO.
· 2 (4%) MANAGERS WERE UNDECIDED.
QUESTION 3
· 38 (84%) MANAGERS REPLIED WITH A YES.
· 6 (13%) MANAGERS REPLIED WITH A NO.
· 1 (2%) MANAGER WAS UNDECIDED.
QUESTION 4
· 37 (82%) MANAGERS REPLIED WITH A YES.
· 7 (15%) MANAGERS REPLIED WITH A NO.
· I (2%) MANAGER WAS UNDECIDED.
TOTAL NUMBER OF INDIVIDUAL QUESTIONS ASKED · 180
TOTAL NUMBER OF QUESTIONS ANSWERED WITH A YES' 120 (66.25%)
TOTAL NUMBER OF QUESTIONS ANSWERED WITH A NO' 55 (30%)
TOTAL NUMBER OF QUESTIONS THAT WERE UNDECIDED' 5 (2.5%)
EC~LY SUBMITTED
FICER JOHN MIRARCHI.
Office of the City Council
ATTACI-B{E. NT 10
June 16, 1997
The Honorable Michael Sweeney, Chairman
Assembly Local Government Committee
4146 Capitol Building
Sacramento, California 95814
SUBJECT:'SUPPORT OF ASSEMBLY BILL 1427 (PRINGLE)
Dear Assemblyman Sweeney:
City of Tustin
,
300 Centennial Way
Tustin. CA 92780
(714) 573-3010
FAX (714) 838-1602
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
abandoned shOpping carts within the .three business day
Jeffery M. Thomas
Mayor
Thomas R. Saltarelii
Mayor Pro Tern
Mike Doyle
Councilmember
Jim Potts
Councilmember
"waiting period" required by existing State law. In
effect, AB 1427 would return some degree of local control TracyWill~W0rle¥
by allowing cities to decide if and when a shopping cart C0uncilmember
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 important 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 142.7,
provided it is amended to allow cities to recoup the actual costs
of cart abatement within the three day waiting period. If you have
~~~2questions regarding the City's position on this bill, please
contact me or Elizabeth Binsack, Community Development
) 573-3031. Director, at
Sincerely,
·
Mayor
JMT: SR: leg.i$1at \abl427.
cc: Assemblyman Ackerman
Assemblyman Baldwin
Assemblyman Cardoza
Assemblyman Hertzberg
Assemblyman Honda
Assemblyman Kaloogian
Assemblyman Kuykendall
Assemb'lyman Lempert
Assemblyman Margett
Assemblyman Murray
Assemblywoman Napolitano
Assemblyman Runner
Assemblywoman Thomson
Assemblyman Torlakson
07-0';'-97 10'''"' ,,.-..-. . ....
o~:d',.{ FRO1,,'I :.",~"","~[)fUF.~ S?p.~r~LII',IETC TO TUSTII~ CO1,..,fbI DEVEL,:'~P PO04/"OIO
ATTACHMENT 11
lO
12
'16
17
19
20
21
22
25
26
27
28
ORDINANCE NO. 118~.
AN ORDINANCE OF T~FE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA, ADDING
CI{APTER 9 TO ARTICLE 5 OF TT~E TUSTIN CITY
· C ODE RELATING TO THE ABATEMENT OF
SHOPPING CART'NUISANCE AND AMENDING
SECTION 1132 OF THE TUSTIN CITY CODE
The City Council of the City of Tustin hereby ordains as
follows:
Section 1.
Findings
The unauthorized removal o~ shopping carts from the premises
or parking areas of retail establishments often leads to the
abandonment of shopping carts on public or private proparty 4n
view of the public right-of-way.
The proliferation of abandoned uhopping carts on public and
private property in view of the public right-of-way creates
aesthetically detrimental conditions which reduce property
values and create blight. In addition, such abandoned carts
often obstruct access to both public and private sidewalks,
streets, and parking lots and other ways.
C .
The unauthorized removal of shopping carts and their
·
abandonment in view of thc public right of-way is hereby
declared to be a public nuisance.
m.
some retail es=ablishmenzs in the city contract with shopping
cart retrieval services to collect abandoned shopping carts
that display owner identification, as provided in Section
22435.1 of the Business and Professions Code. ("State Law")
Other retail e~tabli~hment= in the City 'have either not
identified their shopping carts in accordance with State Law
or have purchased owner identified carts from retail
establishmen=s located ouzside the City. Such Ci=y retail
establishments may not provide .shopping cart retrieval
services.
F ,
The City is authorized by the State constitution to enact
local laws ~o protect ~he public.health, ~afety and welfare.
A local ordinance is needed to supplement State Law to abate
the shoppin~ cart nuisance.
Section 2. Chapter 9 is hereby added to Article 5 of the Tustin
City Code to read as follows:
III
Iii
07-02-97 i TO ':'UST'II'.; C01,..,2,..,I DEVELOF' F'OO5/OlO
F F: C:, I,..{ :'nnn;'TT;F SF'i;,:.AE LIIJETC .
5900
5901
5902
5903
10
12
14
17
19
20
2I
22
24
26
27
2g
ABATEMENT OF SHOPPING CART NUISANCE
5904
590S
5906
5907
5908
5909
DECLARATION OF PUBLIC NUISANCE AND PURPOSE
DEFINITIONS
'SHOPPING CART NUISANCE ABATEMENT AUTHORITY
REMOVAL OF UNIDENTIFIED CARTS FROM PUBLIC
PROPERTY
DISPOSAL
NUI~ANC~ ABATEMENT FEE
PROHIBITED ACTIVITIES
APPEALS OF CART IMPOUNDS
~WFUL REMOVAL OR POSSESSION OF SHOPPING
CARTS ~
PENALTIES
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 properules and viewable from ~he 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 establishment~ and by certain retail e~tabli~hmQnt~
failing to maintain adequate supervision of their premises and
parking areas, failing to educate their customers, and failing
to ia~lem=nt ~£fective cart removal prevenElo~ programs or
cart retrieval programs. The purpose of this Chapter is: (a)
to establish reasonable regulations for the collection and
impound of unidentified shopping carts located on public
property; and (b) to supplemenz provisions of state law
regarding ~he unauthorized removal of ~hopping carts from the
premises and parking areas of. retail establishments.
5901 DEFINITIONS
"Authorized ConZractor- means a private service provider
selected by the City Council, as described in Section 5902.
"City# means the City of Tu~t~n ~r -4tm daa4gnatad
representatives, as described in Section 5902.
"Pcrson# mcan~ an individual or entity as defined in Tustin
City Code Section 1112.
"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.
III
! )12
4g~l [
07-0"-97 10'37.~.1'..{ FF:OI'..{ :.'?,",~',DF:UFF SPF.:ADL!I.IETC TO TUSTII'.[ C. O1;.!l..l DEVEL,.:'~v' PO06/'"'OlO
10
14
15
16
17
19
2o
2I
22
23
24
25
26
27
28
"Owner Identified Shopping Cart" means a shopping cart that
with Business and Professions Code 22435.1, 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 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 val£d telephone number or addra~ for r~turning the ca~t 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 ~or the purpose of transporting goods of any kind.
"Unidentified Shopping Cart" means a shopping cart that is not
an owner identified caru, or an owner identified shopping cart
of a retail establishment located outside the'City.
5902 SHOPPING CART NUISANCE ABATEMENT AUTHORITY
~ectlons $903-$908 o£ thlu Chapter may be implemented and
enforced by designated representatives of the Community
Development Department, Public Works Department, or Police
Department as designa=ed by ~heir respective Department Heads
in writing, or by private service providers authorized by the
City Council. Such designated re9resentatives or authorized
private service provider may enter onto any public property to
tag, remove, and store any unidentified shopping-cart or part
thereof.
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 30 calendar
day~ at a location ~elect~d 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 carS. A person demonszratin~
proof 'of ownership of a cart stored by City shall pay
City's nuisance abatement fee prior to the cart being
released by City.
Thi~ ~ection ~hall not appl. y to a cart attanded 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 thc o.wncr to have
the cart in their possession.
11oo~ )12
904 DISPOSAL
10
14
15
I6
After the period specified in Section 5903, the City, or its
authorized contractor, may sell an unclaimed unidentified
shopping care a5 public' auction or otherwise dispose ot the
cart.
5905 NUISANCE ABATEMENT FEE
An administrative fee to cover thc Ci¢¥'m costs for thc
tagging, removal, and storage of unidentified shopping carts
and associated administrative activities performed by the City
shall be established by resolution of the City Council. 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 Council.
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 Section 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.
17 5907 APPEALS OF CART IMPOUND
18
19
20
21
22
24
A person who can demonstrate that he or she is a cart owner
may appeal the imposition of the nuisance abatement fee by
pr~nLin~ evidence tt~a~ 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 10
calendar days of paying the fee. An office hearing will be
held within 30 c~.].end, a~ day~ ~f th~ raceipt of Such appeal
request. The cart owner or authorized representative may
appear and be heard on the matter. If the Director of
co~unuzli~y Developmtn~ or designee det~nnines that thc 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.
26. 5908 UNAUTHORIZED REMOVAL OR POSSESSION OF SHOPPING CARTS
27
It i~ unlawful to do any of the ~ollowin~ acts:
I )12
,~84~1 !I 4
07-02-97 i0'''~'~ ::::.:: .-. - · .-. ....
&::!:.I FF.'.OI,:I ':.,,,,D~.:UFF 5F'F:ADLII'.IETc Tn T:TST'TI'.I c0}..,5{ ::,;::..?.~[OF' F'OO~;./uIO
12
i3
14
15
16
17
19
20
21
24
25
26
27
2~
(a) Remove a shopping cart from the premises or parking area
of a rc~ail establishment.
(b) Be in possession of a shopping cart that has been removed
from the premises or the parking area of a retail
establishment.
.(c). Leave or abandon a shopping cart on public or private
property and at a location other than the premises or
parking arca of the retail e~tablishmcnt.
This section shall not app%y 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.
5909 PENALTIES/REMEDIES NOT EXCLUSIVE
Any person who violates SectiOn 5906 or 5908 may be charged
with an infraction or misdemeanor, as provided in Section
1121. such a remedy is not exclusive, and the City may pursue
other remedies available to it. under State law or local
ordinance.
Section 3.
Section 1132(2) is amended to read as follows:
(2) Community Service Officers, Public Service Officer, Police
Aides and such other employees of the Police Department, designated
by 5he Chief of Police, shall have ~he power to make arrests for
any violation of this Code relative to parking, abandonment and
impounding of vehicles and for violations of any of the following
sectionm of the California Vehicle Code: 4000, 4454, 5200i 5201,
5204, 22500, 22502, 22505, 22514, 22515, 22516, 22520, 22657, and
~00.
Section 4.
Section 1132(5) is amended to read as follows:
(5) The Director of Community Development, the Buildin~ Official,
Code Enforcement Officers, and employees of the Community
Development Department, as desi~Fnated by the Director of Community
Development, shall have the power to make arrests for violations of
the provi~ion~ of thi~ Code relating to Zoning, the Sign Ordinance,
Building Code, Mechanical Code, Mousing Code, Dangerous Buildings
Code, Plumbing and Electrical Code, and provisions of the Code
relating to graffiti, property maintenance, and shopping cart
nuisance. Employees of the field services division of the Public
Works Department, as designated by the Director of Public Works,
shall have the power to make arrests for the violations of the
provisions of ~his Code relating to graffiti and shopping cart
nuisance.
Section 5.
Severability
kll of the provisions of this ordinance shall be construed and
applied togethe~ in order to accomplish the purpose of these
TO TUSTII'.~ ,.50I,..,fl.,,f £:,E~'"ELOP P'009//010
10
12
'16
17
20
2~
24
25
26
27
2g
regulations. If any provision of this part is held by a court to
be invalid or unconstitutional, such invalidity or
unconstitutionally shall apply only to the particular facts,
determinations and part of this Ordinance, or if a provision is
declared ~o be invalid or unconstitutional as applied To all facts,
all of the remaining provisions of this ordinance shall continue to
be fully effective.
PASSED AND.ADOPTED at a regular meeting of the City Council of the
City of Tustin hold on tho day o~' , 1997.
JEFFERY THOMAS
Mayor
PAMELA STOKER
City Clerk
07-02-97 10'37~.1'..{ FF.:OM WOOr_~F:UFF SF'F.::ADLI1-.IETC TO TUSTIN CO}.'5{ DEVELOP PO03/'OlO
ATTACHMENT 12
1
2
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 97-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ESTABLISHING NUISANCE
ABATEMENT FEE Q'RDER THE CITY'S SHOPPING CART
NUISANCE ABATEMENT REGULATIONS
WHEREAS, the City Council of the. City of Tustin has adopted
Ordinance No. 1184' establishing new regulmt~mns citing for the
abatement of the shopping cart nuisance; and
W~E~, the City Council ham de~ermined in the new regulations
to collect and store unidentified shopping carts located on public
property; and
WHEREAS, the new regulauions provide for the City to charge a
nuisance abatement fee for the tagging, transporting and mtorage of
unidentified shopping carts on public property; and
~rHEREAS, the City Council of thc City of Tustin, desires LO
establish the nuisance abatement fee by Resolution.
NOW, THEREFORE, THE CITY COU/~CIL OF THE CITY OF TUSTIN,
CALIFORNIA, finds, determines and orders as follows:
SECTION 1: The Field Services Division of the Department of
Public Works has reasonably estimated that the City's cost to tag and
transport, each unidentified shopping car= is $73.35 and to tag, =~uck
and transport each owner identified cart is $110.85, The Field
Services Division of the Department of Public works has reasonably
estimated that thu.storage cos= for each shopping cart per day at the
City's yard is $15.00.
SECTION 2: The nuisance abatement fees to be charged for the
impound of unidentified and.identified shopping carts shall be as
follows:
Unidentified Carts: $73.35 per cart
Ow~%er Identified Carts: $110.85 per car5
Daily Storage: $15.00 per day per cart for each
day of storage to a maximum 30
days
PA~EED AlqD ADOPTED at a regular meeting cE the City Council of
the City of Tustin on the day of , 1997,
ATTEST:'
JEFFERY M. THOMAS, MAYOR
PAMELA STOKER
CITY CLERK
07-02-97 10'37.~},.I F F: ,.'.7 !,...I !'?O01~:'F:IdFF SPFiMJ:,LII'.IET'..'. TO T~3S"1'I1'/ 001'..'12'..{ E."E'~'"ELOP PO03./OlO
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
3 RESOLUTION NO.
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
five; that the above and foregoing Resolution wz~ pas=ed and adopted
at a regular meeting of the City Council held on the day of
_, 1997 by the following vote:
8 COUNCILMEMBER AYES:
COUNCILME/W_BER NOES:
9 COUNCILMEMBER ABSTAINED:
COUNCILMEMBERABSENT:
10
11
PAMELA STOKER
12 City Clerk
14
17
2O
21
23
24
25
2~
27
28
-2-