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